Bill Text: CA SB499 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Teachers: best practices teacher evaluation system: school administrator evaluation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB499 Detail]
Download: California-2015-SB499-Amended.html
Bill Title: Teachers: best practices teacher evaluation system: school administrator evaluation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB499 Detail]
Download: California-2015-SB499-Amended.html
BILL NUMBER: SB 499 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2015
INTRODUCED BY Senators Liu and De León
FEBRUARY 26, 2015
An act to amend Section 33050 of, to amend and repeal
Section 44661.5 of, to amend, repeal, and add Sections 44660, 44661,
44662, and 44664 of, to add Sections 35161.5, 44662.1,
44662.5, 44662.6, and 44662.8 to, and to add and repeal Section
44662.7 of, and to repeal and add Article 13 (commencing with
Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of,
the Education Code, relating to teachers, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 499, as amended, Liu. Teachers: best practices teacher
evaluation system. system: school
administrator evaluation.
(1) Existing law states the intent of the Legislature that
governing boards of school districts establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to establish
standards of expected pupil achievement at each grade level in each
area of study and to evaluate and assess certificated employee
performance on a continuing basis as it reasonably relates to the
progress of pupils toward the established standards and, if
applicable, the state adopted academic content standards as measured
by state adopted criterion referenced assessments, the instructional
techniques and strategies used by the employee, the employee's
adherence to curricular objectives, and the establishment and
maintenance of a suitable learning environment, within the scope of
the employee's responsibilities.
This bill would provide that the provisions described above would
become inoperative on July 1, 2016. The bill would state findings and
declarations of the Legislature regarding the nature of effective
teachers and of the teaching profession. Commencing on July 1, 2016,
the bill would require the governing board of each school district to
adopt and implement a locally negotiated best practices teacher
evaluation system, described as one in which each teacher is
evaluated on a continuing basis on the degree to which he or she
accomplishes specific objectives and multiple observations of
instructional and other professional practices that are conducted by
trained evaluators. The bill would authorize the state
board, State Board of Education, in consultation
with the Superintendent of Public Instruction and appropriate
education stakeholder groups, to adopt nonregulatory guidance to
support the implementation of a best practices teacher evaluation
system by school districts, as specified. The bill would also require
the governing board of each school district to establish and define
job responsibilities for certificated, noninstructional employees
whose responsibilities cannot be evaluated appropriately under the
best practices teacher evaluation system and to evaluate and assess
their performance in relation to the fulfillment of those
responsibilities. The bill would, on or before May 1, 2016, or
May 1 of the year that precedes the year in which an existing
collective bargaining contract will expire, whichever is later,
require the governing board of each school district, at a regularly
scheduled public hearing, to seek comment on the development and
implementation of the best practices teacher evaluation system, and,
on or before May 1 of each year prior to
before local negotiations required by law, to seek comment on
the best practices teacher evaluation system. The bill would
require if, by mutual agreement between the school district and the
collective bargaining unit, an intermediate mid-year agreement is
reached regarding a best practices teacher evaluation system, the
negotiation timeline to allow time for the governing board of the
school district to hold a public hearing to seek comment on the best
practices teacher evaluation system. The bill also would
require the governing board of each school district to disclose the
provisions of the best practices teacher evaluation system at a
regularly scheduled public hearing. The bill would provide that these
provisions do not apply to certificated personnel who are employed
on an hourly basis in adult education classes. The bill would also
provide that the provisions of the best practices teacher evaluation
system do not supersede or invalidate a teacher evaluation system
that is locally negotiated and that is in effect at the time the best
practices teacher evaluation system becomes operative. By imposing
additional duties on school districts, this bill would impose a
state-mandated local program. The bill would appropriate, for the
2016-17 fiscal year, an unspecified amount of money from the General
Fund to the State Department of Education for allocation to school
districts for the purpose of implementing the best practices teachers
evaluation system, as specified, thereby making an appropriation.
(2) Existing law requires that an evaluation and assessment of the
performance of a certificated employee be made on a continuing
basis, as provided, including at least every 5 years for personnel
with permanent status who have been employed at least 10 years with
the school district, are highly qualified, as specified, and whose
previous evaluation rated the employee as meeting or exceeding
standards, if the evaluator and certificated employee being evaluated
agree.
This bill, commencing July 1, 2016, would require the evaluation
and assessment of the above personnel at least every 3 years, except
as locally negotiated and provided in the best practices teacher
evaluation system. By requiring additional duties on school
districts, this bill would impose a state-mandated local program.
(3) Existing law authorizes a school district to evaluate a school
principal annually for the principal's first and 2nd year of
employment as a new principal and authorizes additional evaluations,
as specified.
This bill would repeal those provisions and would instead require
the governing board of each school district to establish a system of
evaluation for school administrators to guide their growth and
performance with the purpose of supporting them as instructional
leaders in order to raise pupil achievement. The bill would require
the evaluation system to include certain attributes, including, but
not limited to, promoting the success of all pupils, advocating and
supporting a safe, nurturing school culture that sustains a quality
instructional program conducive to pupil learning and staff
professional growth, and ensuring the management, organization, and
operation of a safe and successful learning environment as evidenced
by the establishment of effective practices for personnel and
resource management, campus safety, and school climate. The bill
would require the governing board of a school district to identify
who will conduct the evaluation of each school administrator. By
imposing additional duties on school district officials, the bill
would impose a state-mandated local program.
(4) Existing law authorizes the governing board of a school
district or a county board of education, as specified, after a public
hearing on the matter, to request the state board to waive all or
part of any section of the Education Code or any regulation adopted
by the state board that implements a provision of the Education Code
that may be waived, except for specified provisions.
This bill would add the above-mentioned provisions relating to
teacher and school administrator evaluation to the list of provisions
that may not be waived.
(3)
(5) This bill would update cross-references and would
make other nonsubstantive changes.
(4)
(6) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(5)
(7) Funds appropriated by this bill would be applied
toward the minimum funding requirements for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 33050 of the
Education Code is amended to read:
33050. (a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the State Board of
Education state board to waive all or part of
any section of this code or any regulation adopted by the
State Board of Education state board that
implements a provision of this code that may be waived, except:
(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part 10.
10 of Division 1 of Title 1.
(2) Chapter 6 (commencing with Section 16000) of Part 10.
10 of Division 1 of Title 1.
(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14 (commencing with
Section 17085) of Part 10. 10 of Division 1
of Title 1.
(4) Part 13 (commencing with Section 22000), Part 13.5 (commencing
with Section 25900), and Part 14 (commencing with Section
26000). 26000) of Division 1 of Title 1.
(5) Section 35735.1.
(6) Paragraph (8) of subdivision (a) of Section 37220.
(7) The following provisions of Part 10.5 (commencing with Section
17211): 17210) of Division 1 of
Title 1:
(A) Chapter 1 (commencing with Section 17211).
17210).
(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.
(C) Sections 17416 to 17429, inclusive; Sections 17459 and
17462 and 17462; subdivision (a) of Section
17464; and Sections 17582 to 17592, 17591,
inclusive.
(8) The following provisions of Part 24 (commencing with Section
41000): 41000) of Division 3.
(A) Sections 41000 to 41360, inclusive.
(B) Sections 41420 to 41423, inclusive.
(C) Sections 41600 to 41866, 41863,
inclusive.
(D) Sections 41920 to 42911, 41930 to
42850, inclusive.
(9) Sections 44504 and 44505.
(10) Article 11 (commencing with Section 44660) of Chapter 3 of
Part 25 of Division 3.
(11) Article 13 (commencing with Section 44670) of Chapter 3 of
Part 25 of Division 3.
(10)
(12) Article 3 (commencing with Section 44930) of
Chapter 4 of Part 25 of Division 3 and regulations in
Title 5 of the California Code of Regulations adopted pursuant to
Article 3 (commencing with Section 44930) of Chapter 4 of Part
25. 25 of Division 3.
(11)
(13) Part 26 (commencing with Section 46000).
46000) of Division 4.
(12)
(14) Chapter 6 (commencing with Section 48900) and
Chapter 6.5 (commencing with Section 49060) of Part 27.
27 of Division 4.
(13)
(15) Section 51513.
(14) Chapter 6.10 (commencing with Section 52120) of Part 28,
relating to class size reduction.
(15)
(16) Section 52163.
(16)
(17) The identification and assessment criteria
relating to any categorical aid program, including Sections 52164.1
and 52164.6.
(17)
(18) Sections 52165, 52166, and 52178.
(18)
(19) Article 3 (commencing with Section 52850) of
Chapter 12 of Part 28. 28 of Division 4.
(19)
(20) Section 56364.1, except that this restriction
shall not prohibit the State Board of Education
state board from approving any waiver of Section
56364 or 56364.2, as applicable, 56364.2,
relating to full inclusion.
(20)
(21) Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33, 33 of Division 4,
relating to the STAR Program, California
Assessment of Student Performance and Progress (CAASPP), and
any other provisions of Chapter 5 (commencing with Section 60600) of
Part 33 of Division 4 that establish requirements for the
STAR Program. CAASPP.
(b) Any waiver of provisions related to the programs identified in
Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28.
28 of Division 4.
(c) The waiver of an advisory committee required by law shall be
granted only pursuant to Article 4 (commencing with Section 52870) of
Chapter 12 of Part 28. 28 of Division 4.
(d) Any A request for a waiver
submitted by the governing board of a school district or a county
board of education pursuant to subdivision (a) shall include a
written statement as to both of the following:
(1) Whether the exclusive representative of employees, if any, as
provided in Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code, participated in the development
of the waiver.
(2) The exclusive representative's position regarding the waiver.
(e) Any A request for a waiver
submitted pursuant to subdivision (a) relating to a regional
occupational center or program established pursuant to Article 1
(commencing with Section 52300) of Chapter 9 of Part 28,
that 28 of Division 4, which is operated by a
joint powers entity established pursuant to Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Government Code,
shall be submitted as a joint waiver request for each participating
school district and shall meet both of the following conditions:
(1) Each joint waiver request shall comply with all of the
requirements of this article.
(2) The submission of a joint waiver request shall be approved by
a unanimous vote of the governing board of the joint powers agency.
(f) The governing board of any school district requesting a waiver
under this section of any provision of Article 5 (commencing with
Section 39390) of Chapter 3 of Part 23 shall provide written notice
of any public hearing it conducted pursuant to subdivision (a), at
least 30 days prior to the hearing, to each public agency identified
under Section 39394.
SEC. 2. Section 35161.5 is added to the
Education Code , to read:
35161.5. (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
that it serves in each area of study.
(b) This section shall become operative on July 1, 2016.
SECTION 1. SEC. 3. Section 44660 of
the Education Code is amended to read:
44660. (a) It is the intent of the Legislature that governing
boards establish a uniform system of evaluation and assessment of the
performance of all certificated personnel within each school
district of the state, including schools conducted or maintained by
county superintendents of education. The system shall involve the
development and adoption by each school district of objective
evaluation and assessment guidelines that may, at the discretion of
the governing board of the school district, be uniform throughout the
school district or, for compelling reasons, be individually
developed for territories or schools within the school district,
provided that all certificated personnel of the school district shall
be subject to a system of evaluation and assessment adopted pursuant
to this article.
(b) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.
(c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. SEC. 4. Section 44660 is
added to the Education Code, to read:
44660. (a) The Legislature finds and declares all of the
following:
(1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
(2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
(3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedagogical practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
(4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
(5) Certificated, noninstructional employees share the same deep
commitment to children, families, and communities, and they provide
essential support and administrative services to pupils and teachers
that enable pupils to succeed.
(b) The Legislature further finds and declares that because
teachers are the most important school-related factor for influencing
pupil academic success the primary purpose of an evaluation system
is to ensure that teachers meet the highest professional standards of
effective teaching, thereby resulting in high levels of pupil
learning.
(c) The Legislature further finds and declares that the attributes
of the best practices teacher evaluation system established pursuant
to this article are based on the California Standards for the
Teaching Profession adopted by the Commission on Teacher
Credentialing in October of 2009, and the system of evaluation for
school administrators established pursuant to Article 13 (commencing
with Section 44670) is based on the California Professional Standards
for Educational Leaders adopted by the Commission on Teacher
Credentialing in February of 2014.
(c)
(d) This article does not apply to certificated
personnel who are employed on an hourly basis in adult education
classes.
(d)
(e) This section shall become operative on July 1,
2016.
SEC. 3. SEC. 5. Section 44661 of the
Education Code is amended to read:
44661. (a) In the development and adoption of guidelines and
procedures pursuant to this article, the governing board of a school
district shall avail itself of the advice of the certificated
instructional personnel in the school district's organization of
certificated personnel.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. SEC. 6. Section 44661 is
added to the Education Code, to read:
44661. (a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system as set
forth in this article.
(b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of the
school district do not have an exclusive bargaining representative,
the governing board of the school district shall adopt objective
evaluation and support components, as applicable, that are consistent
with this article.
(c) This section shall become operative on July 1, 2016.
SEC. 5. SEC. 7. Section 44661.5 of
the Education Code is amended to read:
44661.5. (a) When developing and adopting objective evaluation
and assessment guidelines pursuant to Section 44660, a school
district may, by mutual agreement between the exclusive
representative of the certificated employees of the school district
and the governing board of the school district, include any objective
standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. SEC. 8. Section 44662 of the
Education Code is amended to read:
44662. (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
(b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
(1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
(2) The instructional techniques and strategies used by the
employee.
(3) The employee's adherence to curricular objectives.
(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
(d) Results of an employee's participation in the California Peer
Assistance and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
(f) Nothing in this section shall be construed as in any way
limiting the authority of the governing board of a school district to
develop and adopt additional evaluation and assessment guidelines or
criteria.
(g) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. SEC. 9. Section 44662 is
added to the Education Code, to read:
44662. (a) A best practices teacher evaluation system shall
include, but not be limited to, the following attributes:
(1) An evaluation of each teacher based on the degree to which he
or she accomplishes the following objectives:
(A) Engages and supports all pupils in learning, evidence of which
may include, but is not limited to, evidence of high expectations
and active pupil engagement for each pupil.
(B) Creates and maintains effective environments for pupil
learning, to the extent that those environments are within the
teacher's control.
(C) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.
(D) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use of
differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.
(E) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which shall include, but is not
limited to, use of formative and summative assessments to adjust
instructional practices to meet the needs of individual pupils. For
certified certificated employees who
directly instruct English learner pupils in acquiring English
language fluency, the assessment information shall include the
results of assessments adopted pursuant to Chapter 7 (commencing with
Section 60810) of Part 33 of Division 4.
(F) Develops, as a professional educator, evidence of which may
include, but is not limited to, consistent and positive relationships
with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve as a
professional educator.
(G) Contributes to pupil academic growth based on multiple
measures, as follows:
(i) Multiple measures shall include state and local formative and
summative assessments in the grade levels and subjects that these
assessments are administered.
(ii) Multiple measures may include, but are not limited to,
classroom work, local and state academic assessments, and pupil
grades, classroom participation, presentations and performances, and
projects and portfolios.
(iii) Measures used for assessing pupil academic growth
shall be valid and reliable for the curriculum and the pupil being
taught and for the purpose of teacher evaluation, provided that the
evaluation and assessment of certificated employee performance
pursuant to this section shall not include the use of publishers'
norms established by standardized tests. For certificated
employees who directly instruct English learner pupils in acquiring
English, measures shall include the degree to which pupils acquire
the English language development standards adopted pursuant to former
Section 60811.3, as that section read on June 30, 2013, or Section
60811.4, for the purpose of improving a pupil's English proficiency.
Pupil data used for purposes of teacher evaluation shall be
confidential in the same manner as all other elements of a teacher's
personnel file. It is the intent of the Legislature that any
assessments developed by a national consortium and adopted by the
state board and used for purposes of this section meet statistical
and psychometric standards appropriate for this use.
(2) Multiple observations of instructional and other professional
practices that are conducted by evaluators who have been
appropriately trained and calibrated to ensure consistency and who
have demonstrated competence in teacher evaluation, as determined by
the school district.
(A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
(B) Observations shall be conducted using a uniform evaluation
tool that is appropriate to the teacher's assignment.
(C) Before each formal observation, the observer shall meet with
the teacher to discuss the purpose of the observation.
(D) After each formal observation, the observer shall meet with
the teacher to discuss recommendations, as necessary, with regard to
areas of improvement in the performance of the teacher.
(E) Nothing in this subdivision shall prohibit evaluators from
conducting unscheduled classroom visits.
(3) A minimum of three performance levels for the evaluation of
teacher performance for purposes of Section 44664.
(b) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated employees
to conduct, or participate in, evaluations of other certificated
employees for purposes of determining the need for professional
development or providing corrective advice for the certificated
employee being evaluated. A nonsupervisory certificated employee who
conducts, or participates in, an evaluation pursuant to this article
shall not be deemed to be exercising a management or supervisory
function as defined by subdivision (g) or (m) of Section 3540.1 of
the Government Code.
(c) This section shall not apply to certificated employees who
hold an administrative services credential, as defined in Section
44270.
(d) Notwithstanding any other law, a best practices teacher
evaluation system adopted pursuant to this article shall not omit any
of the attributes specified in this section.
(c)
(e) This section shall become operative on July 1,
2016.
SEC. 8. SEC. 10. Section 44662.1 is
added to the Education Code, to read:
44662.1. The state board, in consultation with the Superintendent
and appropriate education stakeholder groups, may adopt
nonregulatory guidance to support the implementation of a best
practices teacher evaluation system by school districts that may
include all of the following:
(a) Model evaluation systems that may be used by school districts
to implement the best practices teacher evaluation system pursuant to
Sections 44661 and 44662, as added by Sections 4 and 7
6 and 9 of the act adding this section.
(b) Model processes for implementing observations of instructional
and other professional practices pursuant to paragraph (2) of
subdivision (a) of Section 44662, as added by Section 7
9 of the act adding this section.
(c) Model processes for defining calibration for purposes of
training evaluators pursuant to paragraph (2) of subdivision (a) of
Section 44662, as added by Section 7 9
of the act adding this section.
(d) Model processes for developing the observation tool that may
be used for observations of instructional and other professional
practices pursuant to paragraph (2) of subdivision (a) of Section
44662, as added by Section 7 9 of the
act adding this section.
(e) Model processes for determining and defining the performance
levels for the evaluation of teacher performance pursuant to
paragraph (3) of subdivision (a) of Section 44662, as added by
Section 7 9 of the act adding this
section.
SEC. 9. SEC. 11. Section 44662.5 is
added to the Education Code, to read:
44662.5. (a) The governing board of each school district shall
establish and define job responsibilities for certificated,
noninstructional employees, including, but not limited to,
supervisory and administrative personnel, whose responsibilities
cannot be evaluated appropriately under the provisions of subdivision
(a) of Section 44662. The governing board of each school district
shall evaluate and assess provide for the
evaluation and assessment of the performance of certificated,
noninstructional employees as it reasonably relates to the
fulfillment of those responsibilities.
(b) This section shall become operative on July 1, 2016.
SEC. 10. SEC. 12. Section 44662.6 is
added to the Education Code, to read:
44662.6. (a) (1) On or before May 1, 2016, or May 1 of the
year that precedes the year in which an existing collective
bargaining contract will expire, whichever is later, the
governing board of each school district, at a regularly scheduled
public hearing, shall seek comment on the development and
implementation of the best practices teacher evaluation system. The
governing board of a school district shall use the comments received
at the hearing to guide the development and implementation of the
best practices teacher evaluation system.
(2) On or before May 1 of each year prior to
before local negotiations required pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, the governing board of each school district shall
seek comment on the best practices teacher evaluation system.
The governing board of each school district shall also seek public
comment on the best practices teacher evaluation system both during
local negotiations and before the final agreement of local
negotiations.
(3) If, by mutual agreement between a school district and the
collective bargaining unit, an intermediate mid-year agreement is
reached regarding a best practices teacher evaluation system, the
negotiation timeline shall allow time for the governing board of the
school district to hold a public hearing to seek comment on the best
practices teacher evaluation system.
(b) Consistent with Section 3547 of the Government Code and no
more than 30 days after the local negotiations required pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board of each school district
shall disclose the provisions of the best practices teacher
evaluation system at a regularly scheduled public hearing.
SEC. 11. SEC. 13. Section 44662.7 is
added to the Education Code, to read:
44662.7. (a) Notwithstanding any other law, for the 2016-17
fiscal year, ____ dollars ($____) shall be appropriated from the
General Fund to the department for allocation to school districts for
the purpose of implementing the best practices teacher evaluation
system established pursuant to Sections 44661 and 44662, as added by
Sections 4 and 7 of the act adding this section. The amount
appropriated by this section shall be allocated based on the number
of certificated staff employed at the eligible schoolsites by a
recipient school district. School districts shall use the funds to
plan for the implementation of the best practices teacher evaluation
system, including, but not limited to, doing both of the
following:
(1) Train Training evaluators to
ensure calibration and consistency in conducting observations
pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of
Section 44662, as added by Section 7 of the act adding this section.
(2) Develop Developing the uniform
observation tool used in observations pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) of Section 44662, as added by
Section 7 of the act adding this section.
(b) Funds provided to a school district pursuant to this section
shall support activities related to implementation of the best
practices teacher evaluation system developed
pursuant to subdivision (b) of Section 44661,
as added by Section 4 of the act adding this section.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 12. SEC. 14. Section 44662.8 is
added to the Education Code, to read:
44662.8. (a) This article does not supersede or invalidate a
teacher evaluation system that is locally negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code and that is in effect at the time this section
becomes operative. If a locally negotiated teacher evaluation system
is in effect at the time this section becomes operative, the teacher
evaluation system shall remain in effect until the parties to the
agreement negotiate a successor agreement. A memorandum of unde
rstanding shall not extend the adoption of a locally
negotiated teacher evaluation system that is in effect at the time
this section becomes operative.
(b) This section shall become operative on July 1, 2016.
SEC. 13. SEC. 15. Section 44664 of
the Education Code is amended to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), as defined in Section 7801 of Title 20 of the United States
Code, and whose previous evaluation rated the employee as meeting or
exceeding standards, if the evaluator and certificated employee being
evaluated agree. The certificated employee or the evaluator may
withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the certificated
employee.
(1) If an employee is not performing his or her duties in a
satisfactory manner according to the standards prescribed by the
governing board of the school district, the employing authority shall
notify the certificated employee in writing of that fact and
describe the unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas of
improvement in the certificated employee's performance and endeavor
to assist the employee in his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the certificated employee until the certificated employee
achieves a positive evaluation or is separated from the school
district.
(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of a certificated employee's
performance in the area of teaching methods or instruction may
include the requirement that the certificated employee shall, as
determined necessary by the employing authority, participate in a
program designed to improve appropriate areas of the certificated
employee's performance and to further pupil achievement and the
instructional objectives of the employing authority.
(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant to
Article 4.5 (commencing with Section 44500), a certificated employee
who receives an unsatisfactory rating on an evaluation performed
pursuant to this section shall participate in the California Peer
Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board of the school district.
(e) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 14. SEC. 16. Section 44664 is
added to the Education Code, to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b) of
Section 44661, at least every three years for personnel with
permanent status who have been employed at least 10 years with the
school district, are highly qualified, if those personnel occupy
positions that are required to be filled by a highly qualified
professional by the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of
the United States Code, and whose previous evaluation rated the
employee as meeting or exceeding standards, if the evaluator and
certificated employee being evaluated agree. The certificated
employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the certificated
employee.
(1) If a certificated employee is not performing his or her duties
in a satisfactory manner according to the standards prescribed by
the governing board, the employing authority shall notify the
certificated employee in writing of that fact and describe the
unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas of
improvement in the certificated employee's performance and endeavor
to assist the certificated employee in his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall do both of
the following:
(A) Provide professional development based on the specific
recommendations as to areas of improvement in the certificated
employee's performance.
(B) Annually evaluate the certificated employee until the
certificated employee achieves a positive evaluation or is separated
from the school district.
(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of a certificated employee's
performance in the area of teaching methods or instruction may
include the requirement that the certificated employee shall, as
determined necessary by the employing authority, participate in a
program designed to improve appropriate areas of the certificated
employee's performance and to further pupil achievement and the
instructional objectives of the employing authority.
(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant to
Article 4.5 (commencing with Section 44500), a certificated employee
who receives an unsatisfactory rating on an evaluation performed
pursuant to this section shall participate in the California Peer
Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
(e) This section shall become operative on July 1, 2016.
SEC. 17. Article 13 (commencing with Section
44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code is repealed.
SEC. 18. Article 13 (commencing with Section
44670) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code , to read:
Article 13. Administrator Evaluations
44670. (a) The governing board of each school district shall
establish a system of evaluation for school administrators to guide
their growth and performance with the purpose of supporting them as
instructional leaders in order to raise pupil achievement. The
evaluation system shall include, but not be limited to, all of the
following attributes:
(1) Promoting the success of all pupils by facilitating the
development and implementation of a vision of pupil learning,
including, but not limited to, communicating with parents, pupils,
and the community regarding the importance of a standards-based
education and high expectations for all pupils.
(2) Advocating and supporting a safe, nurturing school culture
that sustains a quality instructional program conducive to pupil
learning and staff professional growth, including, but not limited
to, all of the following:
(A) Promoting equity, fairness, and respect among staff, pupils,
and members of the school community with acknowledgment of the role
cultural attributes have in pupil learning.
(B) Supporting professional development opportunities for staff
that encourage collaboration and effective instructional practice
with the goal of improving outcomes for all pupils.
(3) Ensuring the management, organization, and operation of a safe
and successful learning environment, as evidenced by the
establishment of effective practices for personnel and resource
management, campus safety, and school climate, including, but not
limited to, supporting curricular and management leadership in all of
these areas and successfully implementing a best practices teacher
evaluation system established pursuant to Sections 44661 and 44662,
as added by Sections 6 and 9 of the act adding this section.
(4) Collaborating with parents and the community to establish an
inclusive school environment, including, but not limited to,
embracing and recognizing that diversity strengthens a learning
environment and promotes meaningful parent and community engagement,
as required by Section 52062 for the development of the local control
and accountability plan established pursuant to Section 52060.
(5) (A) Providing ethical and professional leadership that fosters
effective instructional practice as evidenced by promoting quality
teaching and instructional strategies and provides relevant,
effective feedback that leads to pupil learning. School
administrators shall be held accountable for the academic growth of
pupils over time and academic growth shall be based on multiple
measures that may include pupil work as well as pupil and school
longitudinal data.
(B) Multiple measures shall include state and local formative and
summative assessments. For school administrators who supervise
certificated staff that directly instruct English learner pupils
acquiring English, assessment information shall include the results
of assessments adopted pursuant to Chapter 7 (commencing with Section
60810) of Part 33 of Division 4.
(C) Multiple measures may include, but are not limited to,
benchmark, end-of-chapter, end-of-course, advanced placement,
international baccalaureate, college entrance, or performance
assessments.
(D) Pupil data used for purposes of an administrator evaluation
shall be confidential in the same manner as all other elements of an
administrator's personnel file.
(6) Providing professional leadership by understanding,
responding, and influencing the larger social, political, cultural
and legal context with the goal of ensuring pupil success, as
evidenced by working in collaboration with the governing board of the
school district, bargaining units, and local school, school
district, and community leaders.
(b) The governing board of a school district shall identify who
will conduct the evaluation of each school administrator.
(1) A school administrator shall be evaluated annually for the
first and second year of employment as a new administrator in a
school district. The governing board of the school district may
determine the frequency at regular intervals of evaluations after
this period.
(2) Additional evaluations that occur outside of the regular
intervals determined by the governing board of the school district
shall be agreed upon between the evaluator and the administrator.
(3) Evaluators and administrators shall review school success and
progress throughout the year. This review should include goals that
are defined by the school district, including, but not limited to,
the goals specified in the local control and accountability plan
approved by the governing board of the school district pursuant to
Section 52060.
SEC. 15. SEC. 19. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
