BILL ANALYSIS Ó
AB 1495
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1495
Weber - As Amended April 14, 2015
SUBJECT: Teachers: evaluation
SUMMARY: Adds new requirements to the certificated employee
evaluation system, known as the Stull Act. Specifically, this
bill:
1)Specifies, if applicable, multiple measures of pupil progress,
pupil academic growth, pupil achievement, and pupil outcomes
for purposes of evaluating and assessing certificated employee
performance may include, but shall not be limited to, any of
the following sources:
a) State-adopted formative and summative criterion
referenced assessments.
b) School district, school, or department-developed
AB 1495
Page 2
assessments.
c) Curriculum-based and end-of-course assessments.
d) Pretest and posttest data.
e) Interim, periodic, benchmark, and formative assessments.
f) English language proficiency assessments.
g) Assessments measuring progress in an individualized
education program.
h) Advance placement, international baccalaureate, and
college preparedness examinations.
AB 1495
Page 3
i) A-G coursework completion.
j) Industry-recognized career technical education
assessments and program completion.
aa) Portfolios of pupils' work, projects, and performances
redacted of personally identifiable pupil information.
bb) Surveys from parents, if approved in advance by the
certificated employee.
cc) Surveys from pupils, if approved in advance by the
certificated employee.
AB 1495
Page 4
dd) Written reports from classroom observations.
ee) Progress on outcomes described in the local control and
accountability plan.
2)Requires the employing authority to use a minimum of three
rating levels of professional achievement for evaluation and
assessment of certificated employees and requires at least two
rating levels to identify certificated employees who meet
either of the following:
a) Require more development and growth to achieve a rating
of satisfactory or meeting standards, and who are required
to participate and receive appropriate additional support,
training, and assistance.
b) Demonstrate unsatisfactory performance or conduct,
unsuccessfully participated in mandatory corrective action,
refused to participate in required additional support and
training, or are subject to mandatory reassignment,
suspension, or adverse action resulting from charges
pursuant to Article 3 (commencing with Section 44930) of
Chapter 4. This rating level shall be applicable to
AB 1495
Page 5
paragraph (5) of subdivision (a) of Section 44932.
3)Requires, if a school district participates in the California
Peer Assistance and Review (PAR) Program for Teachers, a
certificated employee who receives a rating in either of the
levels described (#2 above) on an evaluation shall participate
in PAR.
4)Specifies, notwithstanding any other law, in endeavoring to
assist the employee as mandated, the school district shall, at
a minimum, consider the employee's eligibility for
professional development identified in the school district and
applicable school's local control and accountability plan
(LCAP), and prioritize the employee's eligibility for any
professional development supported by one-time or ongoing
funds appropriated by the Legislature in the annual Budget
Act, including professional development in the state academic
content standards adopted by the state board, and training on
services to English learners to access the common core
academic content standards and the English language
development standards.
5)Requires the guidelines developed by the State Board of
Education (SBE) to comply with the Administrative Procedure
Act.
EXISTING LAW:
AB 1495
Page 6
1)Establishes the Stull Act, enacted in 1971, which governs
certificated employee evaluations and requires school
districts to evaluate and assess teacher performance as it
reasonability relates to pupil performance on criterion
referenced tests, teacher technique and strategies, curricular
objectives, and the maintenance of a suitable learning
environment. Specifies that in the development and adoption
of evaluation guidelines and procedures, the governing board
shall avail itself of the advice of the certificated
instructional personnel in the district's organization of
certificated personnel pursuant to collective bargaining
statutes. Specifies that 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. Specifies that teacher
evaluations shall be made on a continuing basis 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 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, and
whose previous evaluation rated the employee as meeting or
exceeding standards, if the evaluator and certificated
employee being evaluated agree. Specifies that an employee
who receives an unsatisfactory rating in the area of teaching
methods or instruction may be required to participate in a
program designed to improve appropriate areas of the
employee's performance; and, requires if a school district
participates in the Peer Assistance and Review Program for
Teachers (PAR), employees who receive an unsatisfactory rating
shall participate in PAR. (Education Code 44660 et. seq.)
2)Establishes the Peer Assistance and Review Program for
Teachers (PAR) by authorizing school districts and the
exclusive representative of the certificated employees to
AB 1495
Page 7
develop and implement the program locally. Specifies that
assistance and review shall include multiple observations of a
teacher during periods of classroom instruction. Specifies
the program shall expect and strongly encourage a cooperative
relationship between the consulting teacher and the principal
with respect to the process of peer assistance and review.
Specifies the school district shall provide sufficient staff
development activities to assist a teacher to improve his or
her teaching skills and knowledge. Specifies the final
evaluation of a teacher's participation in the program shall
be made available for placement in the personnel file of the
teacher receiving assistance. (Education Code 44505)
FISCAL EFFECT: Legislative counsel has keyed this bill a state
mandated local program.
COMMENTS: This bill adds requirements to the certificated
employee evaluation system, known as the Stull Act.
According to the author, although California law has required
the consideration of evidence of actual pupil progress in the
evaluation and assessment of certificated staff job performance
for over four decades, school district personnel continue to
struggle with what measures of pupil progress are appropriate
especially with the lack of state tests in specific grade levels
or content areas. As a result of this confusion, a majority of
California's largest school districts do not comply with the law
and fail to include any actual data from state or local measures
or observations of actual pupil progress in the performance
evaluations of certificated staff. Student learning is the most
important outcome of the public education system and determining
whether or not the system is successful and effective. What is
at stake is every individual child's constitutional right to an
education and an equal educational opportunity to learn.
AB 1495
Page 8
Struggling teachers have classes with children struggling to
learn. While focusing on student performance, the system must
identify and help teachers needing improvement, which is not
consistently done. With the recent major revisions to the
public school finance system, it is important to have
consistency in the evaluation and assessment of certificated
staff job performance and add pupil achievement and pupil
outcome goals delineated in the school's LCAP to provide
consistency with the Stull Act and resources available to help
struggling staff.
SBE Guidelines: This bill requires the SBE guidelines on teacher
evaluation to comply with the Administrative Procedure Act
(APA). According to the SBE, the last known SBE guidelines on
the Stull Act were created in 1972 and sent out to districts at
that time. These guidelines created in 1972 pre-dated the APA.
Essentially, this bill requires the SBE to re-draft the
guidelines to comply with the APA. Existing law requires the
SBE to distribute the guidelines to all districts in the state,
but it is unclear whether the SBE would then be required to
distribute the new guidelines to all districts in the state.
Research on Evaluation: Several research studies detail the
essential principals and components of a strong teacher
evaluation system. The National Comprehensive Center for
Teacher Quality argues a strong evaluation system must: "involve
teachers and stakeholders in developing the system; use multiple
indicators; and give teachers opportunities to improve in the
areas in which they score poorly." Likewise, the New Teacher
Project states "evaluations should provide all teachers with
regular feedback that helps them grow as professionals, no
matter how long they have been in the classroom. The primary
purpose of evaluations should not be punitive. Good evaluations
identify excellent teachers and help teachers of all skill
levels understand how they can improve."
Performance Bands: This bill requires the state prescribed
evaluation system to use three performance bands and the bottom
two levels are identified as:
AB 1495
Page 9
1)Require more development and growth to achieve a rating of
satisfactory or meeting standards, and who are required to
participate and receive appropriate additional support,
training, and assistance.
2)Demonstrate unsatisfactory performance or conduct,
unsuccessfully participated in mandatory corrective action,
refused to participate in required additional support and
training, or are subject to mandatory reassignment,
suspension, or adverse action resulting from charges pursuant
to Article 3 (commencing with Section 44930) of Chapter 4.
This rating level shall be applicable to paragraph (5) of
subdivision (a) of Section 44932," which is unsatisfactory
performance in the dismissal process.
The committee should consider whether the two bottom levels
specified in the bill are the most effective performance level
descriptors that should be used state-wide.
Unsatisfactory Conduct: This bill uses a new term
"unsatisfactory conduct," which is not used in the current
evaluation or dismissal process. Although the bill states that
this rating level shall be applicable to the term
"unsatisfactory performance," it is unclear what this new term
means, how it relates to unprofessional conduct or how it is
"applicable" to unprofessional conduct. The existing dismissal
process refers to terms such as unsatisfactory performance,
unprofessional conduct and immoral conduct but does not use the
term unsatisfactory conduct. The committee should consider
whether creating a new term could cause confusion in the
existing dismissal process and how the evaluation system aligns
to the dismissal process.
It is also unclear whether an employee who is included in the
definition of unsatisfactory performance or conduct because they
were suspended or served with dismissal charges would be ranked
in the bottom ranking forever. It is unclear from the bill
language whether suspensions from 10 years ago would require an
employee to be designated "unsatisfactory performance or
conduct." The committee should consider whether this definition
is appropriate for the bottom ranking of the evaluation system.
AB 1495
Page 10
Peer Assistance and Review (PAR): This bill specifies that
teachers who receive one of the two lowest ratings on their
evaluation (those requiring more development and those who
demonstrate unsatisfactory performance or conduct), if a school
district has a PAR program in place, they must refer those
teachers to the PAR program for improvement. The bill does not
specify the process if a teacher continues to receive
unsatisfactory evaluations after the PAR program is complete.
It is unclear whether school districts should begin dismissal
proceedings, or provide further instructional support for the
teacher.
Lengthening the Dismissal Process: This bill requires that all
employees who receive an "unsatisfactory performance or conduct"
rating on the evaluation system to be referred to PAR, if the
district has a PAR program. Because the definition of
"unsatisfactory performance or conduct" includes suspension or
adverse action brought from dismissal charges, it appears that
this bill would require employees who have been served with
dismissal charges to be referred to PAR. This would lengthen the
dismissal process quite substantially and it is unclear whether
PAR is the appropriate type of intervention needed for an
employee who has been suspended or has had dismissal charges
brought against them.
Parent and Student Surveys: This bill authorizes the use of
surveys from parents and pupils in certificated employee
evaluations, if approved in advance by the employee. The
committee should consider whether it is appropriate to include
surveys from parents and students in certificated employee
evaluations. The committee should consider whether it is
possible for a particularly "tough" teacher that assigns robust
homework to receive negative survey comments, when they are a
very effective teacher and how this would impact the overall
evaluation of that teacher. Likewise, if an administrator
recently suspended students, could their surveys from parents
and students be skewed?
AB 1495
Page 11
Professional Development: This bill requires districts, when
assisting teachers determined to be in need of improvement, to
consider the employees eligibility for professional development
(PD) in the district's LCAP and prioritize the employees
eligibility for PD funded in the Budget Act. This includes PD in
the state academic content standards adopted by the SBE, and
training on services to English learners to access the common
core academic content standards and the English language
development (ELD) standards. The committee should consider
whether prioritizing specific types of PD that is funded in the
Budget act is the most efficient way to improve educational
practice for all struggling teachers. For example, if a teacher
needs assistance with classroom management, would training
related to the academic content standards and ELD standards be
the highest priority for this teacher?
Charter Schools: This bill requires all traditional public
schools in the state to adopt the changes to the teacher
evaluation system, but the committee should note that the Stull
Act and the changes made in this bill do not apply to charter
schools. The committee should consider whether charter schools
teachers should be left out of this opportunity for evaluations
and support.
Arguments in Support: EdVoice supports the bill and states, "AB
1495 requires at least three rating levels and de-links the
simply "needs more development" rating level from the
"unsatisfactory" level that could lead to adverse action. And,
in requiring two rating bands below "satisfactory," AB 1495
helps provide opportunity to more carefully identify struggling
employees and offer appropriate remedial development and
assistance, including professional development already
identified in a district's LCAP, without fear of adverse action
and possible dismissal. AB 1495 also establishes priority
eligibility for support from professional development resources
appropriated in the annual state Budget Act, thereby connecting
local evaluation system outcomes with available resources in a
AB 1495
Page 12
meaningful way to support employees who can benefit the most
from professional growth to become truly effective educators and
support the academic achievement of all of their students."
Arguments in Opposition: California Teachers Association opposes
the bill and states, "CTA believes a mutually designed
comprehensive ongoing personnel evaluation system with
procedural guarantees and due process in every school system
should be supported. Evaluations should provide all teachers
with regular feedback that helps them grow as professionals, no
matter how long they have been in the classroom. Evaluations
should give schools the information they need to build the
strongest possible instructional teams, and help districts hold
school leaders accountable for supporting each teacher's
development. Most importantly, they should focus everyone in a
school system, from teachers to the superintendent, on what
matters most: keeping every student on track to graduate from
high school ready for success in college or a career....AB 1495
(Weber) proposes changes to the Stull Act which do not address
these complex issues."
Related Legislation: AB 575 (O'Donnell & Atkins) from 2015,
which is pending in the Assembly, would require the governing
board of each school district and the governing body of each
charter school to adopt and implement a best practices teacher
and administrator evaluation system by July 1, 2018.
AB 1078 (Olsen) from 2015, which is pending in the Assembly,
would make changes to the certificated employee evaluation
system, known as the Stull Act.
SB 499 (Liu & DeLeon) from 2015, which is pending in the Senate,
would require the governing board of each school district to
adopt and implement a best practices teacher and administrator
evaluation system by July 1, 2016.
AB 1495
Page 13
AB 430 (Olsen) from 2013, which was held by the author in the
Assembly Education Committee, would have established the Teacher
Professional Growth Plan, as specified.
AB 5 (Fuentes) from 2009, which was held by the author on the
Senate Floor, would have required the governing board of each
school district to adopt and implement a best practices teacher
evaluation system, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
CalChamber
Children Now
Educators 4 Excellence
EdVoice
Students Matter
StudentsFirst
AB 1495
Page 14
Teach Plus
Opposition
California Teachers Association
Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087