BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-14 Regular Session BILL NO: SB 441 AUTHOR: Calderon AMENDED: April 9, 2013 FISCAL COMM: Yes HEARING DATE: April 24, 2013 URGENCY: No CONSULTANT:Lenin Del Castillo SUBJECT : Teachers: teacher evaluations. SUMMARY This bill amends various provisions of existing law governing the evaluation of certificated employees by requiring the evaluations to use multiple measures, including a minimum of four rating levels, increasing the frequency of evaluations for teachers with 10 or more years of experience in a school district from every five years to every three years, and requiring school districts to avail itself to the input of parents. BACKGROUND Under existing law, the Stull Act expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance as it reasonably relates to: 1) Progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests; 2) Instructional techniques and strategies used by the employee; 3) The employee's adherence to curricular objectives; and SB 441 Page 2 4) The establishment and maintenance of a suitable learning environment within the scope of the employee's responsibilities. (Education Code § 44660 et. seq.) Existing law requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee's performance and to further pupil achievement and the instructional objectives of the district. However, if the district participates in the Peer Assistance and Review (PAR) program, then the teachers who receive an unsatisfactory rating are required to participate in that program. (Education Code § 44664) Existing law establishes the PAR program for teachers by authorizing school districts and the exclusive representative of the certificated employees to develop and implement the program locally. The PAR programs are to include multiple observations of a teacher during periods of classroom instruction and sufficient staff development activities to assist a teacher in improving his or her skills and knowledge. The final evaluation of a teacher's participation in the program is made available for placement in his or her personnel file. (Education Code § 44505) The U.S. Department of Education (DOE) has established a process by which states may request flexibility on behalf of themselves, local educational agencies, and schools, by applying for a waiver from certain requirements of the No Child Left Behind Act of 2001 (NCLB). The waiver is intended to provide educators and state and local leaders with flexibility regarding specific requirements of NCLB (principally, the requirement that all students be proficient in math and reading by 2014 and won't have to identify additional schools failing to meet targets) in exchange for rigorous and comprehensive state-developed plans designed to improve educational outcomes for all students, close achievement gaps, increase equity, and improve the quality of instruction. SB 441 Page 3 Instructions provided by the DOE indicate that to receive the flexibility, a state's educational agency and each local educational agency must commit to develop, adopt, pilot and implement, with the involvement of teachers and principals, teacher and principal evaluation and support systems that: (1) will be used for continual improvement of instruction; (2) meaningfully differentiate performance using at least three performance levels; (3) use multiple valid measures in determining performance levels, including as a significant factor, data on student growth for all students (including English Learners and students with disabilities), and other measures of professional practice (which may be gathered through multiple formats and sources, such as observations based on rigorous teacher performance standards, teacher portfolios, and student and parent surveys); (4) evaluate teachers and principals on a regular basis; (5) provide clear, timely, and useful feedback, including feedback that identifies needs and guides professional development; and (6) will be used to inform personnel decisions. The DOE has granted waivers to over 30 states. In June 2012, California submitted a request to set aside specific requirements of the NCLB and requested that the DOE allow the state to use its own accountability system to ensure that all schools improve. California's request differs from those filed by other states that agreed to several additional federally required policies in exchange for the NCLB waiver. The request was denied In December 2012. Court ruling In November 2011, a group of parents filed a law suit on behalf of their children, (Doe et. al. v Deasy et. al.) asking the court to compel the Los Angeles Unified School District (LAUSD), its superintendent, and its board of education to comply with the Stull Act's requirement to evaluate teachers and administrators based in part on student performance. In July 2012, Superior Court Judge Chalfant found that the LAUSD was not in compliance with the Stull Act and was violating its mandatory duty under the Act to use pupil progress in teacher and principal evaluations. The Court ruled that LAUSD must modify its current evaluation process to comply with the Stull Act requirement to incorporate an assessment of the employee's performance as it reasonably relates to the progress of pupils toward the SB 441 Page 4 district standards at each grade level in each area of study and as it reasonably relates to the progress of pupils toward State adopted academic content standards as measured by State adopted criterion referenced assessments, if applicable. LAUSD and UTLA Supplemental Agreement In response to the requirements of the Doe v. Deasy court order, LAUSD and United Teachers Los Angeles (UTLA) reached an agreement on additional teacher evaluation guidelines as a supplemental agreement to the existing collective bargaining agreement (Article X of the District-UTLA Agreement). The supplemental agreement was ratified by UTLA members in January 2013, and changes the current evaluation process to incorporate the consideration of data of pupil progress into both the goal-setting planning sheets and in the final evaluation. Specifically, LAUSD administrators must ensure that a student performance data goal be incorporated into a teacher's initial planning sheet and that both classroom level and student outcome data and schoolwide Academic Growth Over Time information be considered and used when determining a teacher's overall performance in making a final evaluation. ANALYSIS This bill : 1) Requires the governing board of school districts to avail itself of the advice of the parents of students, including obtaining systematic and continuing input through open feedback sessions, surveys, and specific focus groups by subject matter and grade level as part of the evaluation guidelines and procedures of certificated staff. 2) Requires that the governing board of school districts regularly evaluate and assess the performance of certificated staff using multiple measures, including a minimum of four rating levels. The governing board of a school district shall define each rating level used. 3) Requires that the evaluation and assessment of the performance of certificated staff be made at least every three years for personnel who have been employed at least 10 years with the school district, are highly SB 441 Page 5 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, and whose previous evaluation rated the employee as meeting or exceeding standards. STAFF COMMENTS 1) Need for the bill : According to the author's office, the current teacher evaluations process under the Stull Act has proved to be insufficient in the recognition of high performing teachers and the identification of those that could benefit from professional development. While some districts incorporate student performance in their evaluation systems, others do not, and in districts that simply rate their employees as "meeting" or "not meeting" expectations, teachers may not receive sufficient feedback during the evaluation process to understand how to improve their practice. According to a 2010 report released by the National Board Resource Center at Stanford University, "While evaluation processes across the state vary widely, many of them look very much the same as they did in 1971." Comments from Accomplished California Teachers indicate that current approaches to teacher evaluation results in a system that teachers do not trust, that rarely offers clear direction for improving practice, and often charges school leaders to implement without preparation or resources. A January 2011 report by the Center for the Future of Teaching and Learning (CFTL) notes that evaluations pay "scarce attention to student learning or do not connect that learning to elements of teacher content knowledge or instructional skills that could be improved." Several research studies document the correlation between teacher quality and student achievement whereby differential teacher effectiveness is a strong determinant of differences in student learning, far outweighing the effects of differences in class size and heterogeneity. Studies have shown that students who are assigned to several ineffective teachers in a row have significantly lower achievement and gains in achievement than those who are assigned to several highly effective teachers. SB 441 Page 6 The stated purpose of this bill is to strengthen teacher quality by improving the state's teacher evaluation system by providing the necessary clarity and direction for a uniform evaluation framework that improves teacher quality. 2) Expands the scope of bargaining ? Current law enumerates evaluation procedures as a mandatory subject of collective bargaining. Opponents of the bill contend that this bill could have the effect of requiring districts to bargain aspects of the system, such as evaluation criteria, that could significantly abridge the freedom of school districts to exercise managerial prerogatives essential to the achievement of their mission. Although some districts currently bargain evaluation criteria with their local unions, the Association of California School Administrators has noted that under current law, criteria within the evaluation are not a mandatory subject of bargaining. 3) Parent feedback ? This bill provides the ability for parents of students to provide feedback as part of the teacher evaluation process. Under current law, a school district may dismiss a teacher based on performance deemed to be unsatisfactory. Would it be appropriate for teacher evaluations to incorporate potentially subjective feedback from parents, especially when it could lead to an unsatisfactory rating and ultimately a teacher's dismissal? Additionally, to the extent that evaluation criteria is subject to collective bargaining, could this lead to the insertion of parents as a third party into negotiations? 4) Meets federal waiver requirements ? SB 441 requires local evaluation systems to differentiate teacher performance using at least four performance levels. Binary systems, in which teachers receive either a "satisfactory" or "unsatisfactory" rating, do not comply with the provisions of the No Child Left Behind Act (NCLB). Arguably, these changes could strengthen California's position relative to its request for the federal NCLB waiver. However, the bill's requirements may not be sufficient to qualify the state for the NCLB waiver because the bill does not require data on student growth to be a "significant factor" in a teacher's SB 441 Page 7 evaluation and does not address the U.S. Department of Education's requirement that evaluations be used to inform personnel decisions. It is unclear whether this would threaten the ability of school districts to submit a competitive application for any future waiver programs that may be made available by the federal government. 5) Related and prior legislation . SB 453 (Huff) authorizes the governing board of a school district to evaluate and assess the performance of certificated employees using a multiple-measures evaluation system, authorizes school districts to make specified employment decisions based on teacher performance, and expands the reasons districts may deviate from the order of seniority in terminating and reappointing teachers, as specified. This bill is also scheduled to be heard by this Committee on April 24, 2013. SB 657 (Block) repeals the Stull Act and adds various intent language and declarations regarding teacher evaluations. This bill is pending before this Committee. AB 430 (Olson) amends various provisions of existing law governing the evaluation of certificated employees, as specified. This bill is pending before the Assembly Education Committee. SB 1292 (Liu), Chapter 435, Statutes of 2012, authorizes the evaluation of school principals based on the California Professional Standards for Educational Leaders as well as evidence of pupil academic growth, effective and comprehensive teacher evaluations, culturally responsive instructional strategies, the ability to analyze quality instructional strategies and provide effective feedback, and effective school management. SB 355 (Huff, 2011) would have authorized the evaluation and assessment of certificated employees using a multiple-measures evaluation system, authorized local educational associations to assign, reassign, and transfer teachers and administrators based on effectiveness and subject matter needs without regard to SB 441 Page 8 years of service, and authorized districts to deviate from the order of seniority in terminating and reappointing teachers, as specified. This measure failed passage in this Committee on May 2011. SUPPORT California Mayors (cities of Sacramento, Los Angeles, and San Jose) California United to Reform Education EdVoice Lanai Road Education Action Committee Los Angeles Unified School District Office of the Mayor of San Francisco National Action Network Los Angeles Orange County Business Council Parent Partnership Parent Revolution Parents Advocate League San Diego United Parents for Education Simmons Group Inc. Stand Up for Great Schools Students First Letters from various individuals OPPOSITION California Federation of Teachers California School Employees Association California Teachers Association United Teachers Los Angeles