as amended, Calderon.
begin deletePupils: achievement gap. end delete
Existing law requires the Superintendent of Public Instruction, with approval of the State Board of Education, to develop the Academic Performance Index consisting of a variety of indicators reported to the State Department of Education to track the achievement of schools and their pupils.end delete
This bill would state the intent of the Legislature to enact legislation that would reduce the achievement gap for pupils in California.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) There is hereby established the California Peer
4Assistance and Review Program for Teachers. The governing board
5of a school district and the exclusive representative of the
6certificated employees in the school district may develop and
7implement a program authorized by this article that meets local
P3 1conditions and conforms with the principles set forth in subdivision
3(b) The following principles, at a minimum, shall be included
4in a locally developed program authorized by this article:
5(1) A teacher participant shall be a permanent employee in a
6school district with 250 or greater units of average daily attendance
7or a permanent or probationary employee in a school district with
8fewer than 250 units of average daily attendance and volunteer to
9participate in the program or be referred for participation in the
10program as a result of an evaluation performed pursuant to
begin delete subdivision (c) ofend delete Section 44664. In addition, teachers
12receiving assistance may be referred pursuant to a collectively
14(2) Performance goals for an individual teacher shall be in
15writing, clearly stated, aligned with pupil learning, and consistent
16with Section 44662.
17(3) Assistance and review shall include multiple observations
18of a teacher during periods of classroom instruction.
19(4) The program shall expect and strongly encourage a
20cooperative relationship between the consulting teacher and the
21principal with respect to the process of peer assistance and review.
22(5) The school district shall provide sufficient staff development
23activities to assist a teacher to improve his or her teaching skills
25(6) The program shall have a monitoring component with a
27(7) The final evaluation of a teacher’s participation in the
28program shall be made available for placement in the personnel
29file of the teacher receiving assistance.
In the development and adoption of guidelines and
33procedures pursuant to this article, the governing board shall avail
34itself of the advice of the certificated instructional personnel in the
35district’s organization of certificated
begin delete personnel; provided, however, .
36that the development and adoption of guidelines pursuant to this
37article shall also be subject to the provisions of Article 1
38(commencing with Section 7100) of Chapter 2 of Part 5 of Division
391 of Title 1end delete
(a) The governing board of each school district shall
6establish standards of expected pupil achievement at each grade
7level in each area of study.
8(b) The governing board of each school district shall
9 evaluate and assess certificated
begin delete employee :
10performance as it reasonably relates toend delete
14(1) The progress of pupils toward the standards established
15pursuant to subdivision (a) and, if applicable, the state adopted
16academic content standards as measured by state adopted criterion
18(2) The instructional techniques and strategies used by the
20(3) The employee’s adherence to curricular objectives.
21(4) The establishment and maintenance of a suitable learning
begin delete,end delete
within the scope of the employee’s responsibilities.
27 The governing board of each school district shall establish
28and define job responsibilities for certificated noninstructional
29personnel, including, but not limited to, supervisory and
30administrative personnel, whose responsibilities cannot be
31evaluated appropriately under the provisions of subdivision (b)
32 and shall evaluate and assess the performance of those
33noninstructional certificated employees as it reasonably relates to
34the fulfillment of those responsibilities.
36 Results of an employee’s participation in the Peer Assistance
37and Review Program for Teachers established by Article 4.5
38(commencing with Section 44500) shall be made available as part
39of the evaluation conducted pursuant to this section.
P5 1 The evaluation and assessment of certificated employee
2performance pursuant to this section shall not include the use of
3publishers’ norms established by standardized tests.
5 Nothing in this section shall be construed as in any way
6limiting the authority of school district governing boards to develop
7and adopt additional evaluation and assessment guidelines or
(a) Evaluation and assessment of the performance of
12each certificated employee shall be made on a continuing basis as
14(1) At least once each school year for probationary personnel.
15(2) At least every other year for personnel with permanent status.
16(3) At least every
begin delete fiveend delete years for personnel with permanent
17status who have been employed at least 10 years with the school
18district, are highly qualified, if those personnel occupy positions
19that are required to be filled by a highly qualified professional by
20the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
begin delete 6301,end delete et seq.), as defined in 20 U.S.C. Sec. 7801, and whose
22previous evaluation rated the employee as meeting or exceeding
23standards, if the evaluator and certificated employee being
24evaluated agree. The certificated employee or the evaluator may
25withdraw consent at any time.
26(b) The evaluation shall include
begin delete recommendations, if necessary,end delete
27 as to areas of improvement in the performance
28of the employee. If an employee is not performing his or her duties
29in a satisfactory manner according to the standards prescribed by
30the governing board, the employing authority shall notify the
31employee in writing of that fact and describe the unsatisfactory
32performance. The employing authority shall thereafter confer with
33the employee making specific recommendations as to areas of
34improvement in the employee’s performance and endeavor to assist
35the employee in his or her performance. If any permanent
36certificated employee has received an unsatisfactory evaluation,
37the employing authority shall annually evaluate the employee until
38the employee achieves a positive evaluation or is separated from
P6 1(c) Any evaluation performed pursuant to this article
begin delete whichend delete
2 contains an unsatisfactory rating of an employee’s performance
3in the area of teaching methods or instruction may include the
4requirement that the certificated employee shall, as determined
5necessary by the employing authority, participate in a program
6designed to improve appropriate areas of the employee’s
7performance and to further pupil achievement and the instructional
8objectives of the employing authority. If a district participates in
9the Peer Assistance and Review Program for Teachers established
10pursuant to Article 4.5 (commencing with Section 44500), any
11certificated employee who receives an unsatisfactory rating on an
12evaluation performed pursuant to this section shall participate in
13the Peer Assistance and Review Program for Teachers.
14(d) Hourly and temporary hourly certificated employees, other
15than those employed in adult education classes who are excluded
16by the provisions of Section 44660, and substitute teachers may
17be excluded from the provisions of this section at the discretion
18of the governing board.
It is the intent of the Legislature to enact
25legislation that would reduce the achievement gap for pupils in