April 15, 2014
The Honorable Carol Liu
Chair, Senate Education Committee
California State Senate
State Capitol, Room 5097
Sacramento, CA 95814

SB 499 (Liu): OPPOSE
Senate Education Committee
Hearing Date: April 22, 2015

Dear Senator Liu:
On behalf of the California School Boards Association (CSBA), which represents nearly 1,000
school districts and county boards of education statewide, we must respectfully oppose SB 499
(Liu) which is scheduled to be heard before the Senate Education Committee on April 22, 2015.
This measure would require that as of July 1, 2016, the governing board of each local
educational agency (LEA) to implement a locally negotiated “best practices teacher evaluation
system”, as prescribed.
CSBA appreciates the current bipartisan interest in the Legislature in addressing issues
associated with a statewide teacher evaluation system, and our members welcome the
opportunity to participate in this discussion. The inclusion of the California Standards for the
Teaching Profession and the California Teaching Performance Expectations is appropriate, as
these are the standards many LEAs already use as part of their educator evaluation systems.
Accountability
This bill would repeal existing law which allows LEAs to establish standards of expected pupil
achievement at each grade level in each area of study to evaluate and assess certificated
employee performance. Locally elected boards are accountable for ensuring that K-12 education
programs lead to achievement for all students and for the long-term financial health of the local
educational agencies. Responsibility and authority go hand in hand, therefore boards must have
the authority and flexibility over all aspects of the LEA for which they are held accountable.
Boards must have final authority for the selection, professional development, evaluation,
promotion and termination of staff, including the selection of performance standards and the
selection of professional development consistent with those local performance standards.
CSBA recognizes that including educators in the design of evaluation procedures strengthens the
final product. As "conditions of employment" current law already requires evaluation procedures
to be collectively bargained. That said, LEA governing boards should retain the right to
determine the standards and criteria for the job performance of their employees. It is the role of
employers to define job responsibilities and to identify the standards that will be used to
determine the extent to which an employee fulfills those requirements. SB 499 would set a
troubling precedent by requiring employers to collectively bargain those standards within a

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SB 499 (Liu): OPPOSE

framework prescribed by the state, thereby compromising the ability of LEAs to deliver the
educational services needed in their communities.
Expansion of Scope
SB 499 would require the development of a “best practices teacher evaluation system” to be
collectively bargained, including the requirement to negotiate the performance standards on
which teachers will be evaluated. The expansion in the scope of bargaining threatens the stability
of educational services to students by lengthening the duration of contract negotiations and
increasing the frequency of impasse and concerted action, such as strikes.
Further, introducing educator evaluation standards into the collective bargaining environment
increases the likelihood that LEAs will be pressured to weaken their teacher evaluation
procedures and standards because of the significant difference in costs for bargaining unit
requests associated with evaluation and regular subjects of bargaining, such as salary and benefit
increases.
SB 499 would also require LEAs to bargain over the use of measures of student achievement in
evaluations. This conflicts with intent of the LCAP/LCFF in affirming the role of LEA
governing boards and their constituents in determining local educational priorities. If the ability
of LEAs to use measures of student achievement in educator evaluations is not protected, LEAs
cannot guarantee that evaluations—like all other activities—will keep the preparation of students
to succeed in college and career as the central focus.
Peer Assistance and Review
Our members are committed to the development and retention of highly qualified educators in all
of our classrooms. But the requirement in SB 499 that teachers who receive unsatisfactory
ratings participate in a Peer Assistance Review Program, interferes with the ability of an LEA to
release a teacher that is simply not able to provide students with the education they deserve. This
provision could create due process for probationary educators, and otherwise serve to interfere
with the LEA’s ability to release a probationary employee.
Costs
The costs associated with the research and negotiation of these new educator evaluation systems,
initial and ongoing costs for training and calibration of staff would be significant. SB 499 would
make only a one-time appropriation in the 2016-17 fiscal year for an unspecified amount of
money for LEAs for the purpose of implementing its provisions. LEAs are already struggling to
meet the needs of students while unfunded expenses for special education, retirement and

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April 15, 2014
SB 499 (Liu): OPPOSE

mandates encroach on their general funds. Any statewide teacher evaluation system imposed by
the state must come with the resources necessary to implement and sustain it.
For all of these reasons, we must oppose SB 499 (Liu) when it comes before you in the Senate
Education Committee on April 22, 2015.
Sincerely,

Nancy Chaires Espinoza
Legislative Advocate
Office of Governmental Relations
cc:

Members, Senate Education Committee
Senator Carol Liu
Kathleen Chavira, Staff Director, Senate Education Committee
Roger Mackensen, Consultant, Senate Republican Caucus