SB 499

Bill Subjects

Abstract

(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, 2018. 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, 2018, the bill would require the governing board of each school district and each county board of education 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 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 and county offices of education, as specified. The bill would also require the governing board of each school district and each county board of education 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 and each county board of education, 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 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 or county office of education 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 or the county board of education 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 and each county board of education 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 and county offices of education, this bill would impose a state-mandated local program. (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, 2018, 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. The bill would also require county offices of education to comply with these provisions. By requiring additional duties on school districts and county offices of education, 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 make those provisions inoperative on July 1, 2018, and, commencing July 1, 2018, would instead require the governing board of each school district and each county board of education 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 the school district and the county board of education to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district and county office of education 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. (5) This bill also would state the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators. (6) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law requires certain funds appropriated in the annual Budget Act for reimbursement of the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, county offices of education, and charter schools to support specified state-mandated local programs and permits those entities to elect to receive that block grant funding in lieu of claiming mandated costs pursuant to the state claims process. This bill would, as of July 1, 2018, add the best practices teacher evaluation system and the school administrator evaluation system to the state-mandated local programs supported by the block grant funding. (7) This bill would update cross-references and would make other nonsubstantive changes. (8) 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.