BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 1285
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          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  SB 1285 (Steinberg) - As Amended:  August 2, 2010 

          Policy Committee:                             EducationVote:6-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires school districts to ensure the proportion of  
          classroom teachers at a school ranked in deciles one to three of  
          the Academic Performance Index (API) receiving layoff notices or  
          ultimately laid off due to a reduction in force (RIF) is not  
          greater than the proportion of classroom teachers receiving  
          layoff notices or laid off districtwide, as specified.   
          Specifically, this bill:  

          1)Defines "classroom teacher" as certificated employees: (a)  
            whose primary responsibility is to provide classroom  
            instruction or (b) who provide instructional support to  
            employees who provide classroom instruction, including  
            resource teachers, mentor teachers, content specialists,  
            instructional coaches, and special education teachers, as  
            specified.  

          2)Requires the decision proposed by the administrative law judge  
            (ALJ), as part of the March 15 certificated employee layoff  
            notice hearing, to include a determination of whether the  
            number of notices issued at the employee's schoolsite ranked  
            in deciles one to three of the API exceed the district average  
            as required under the RIF process.  

          3)Requires the statement of specific criteria used to determine  
            seniority as part of the RIF process to include data  
            supporting the determination of layoff notices issued for  
            employees assigned to schools ranked in deciles one to three  
            of the API.  

          4)Specifies that a school district may deviate from using  
            seniority to determine layoffs for the purposes of maintaining  









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            or achieving compliance with constitutional requirements  
            related to equal protection laws, as it applies to pupils and  
            certificated employees.  

           FISCAL EFFECT  

          Potential GF/98 increased costs, of at least $4.5 million, to  
          school districts as a result of issuing more RIF notices.  These  
          costs are associated with hiring additional substitute teachers  
          and conducting longer administrative hearings, as specified.   
          This estimate may increase or decrease depending on the size of  
          the school district and the increased number of layoff notices  
          issued as a result of implementing this bill.    

           COMMENTS  

           1)Background  .  Current law requires school districts to lay off  
            employees in the inverse of the order in which they were  
            employed.  Districts may deviate from the order of seniority  
            if:  

             a)   The district demonstrates a need to teach a specific  
               course or course of study, or to provide services  
               authorized by certain services credentials and the retained  
               individual has the specific experience or training required  
               to meet that need.  For example, a school district may  
               determine that employees with a special education  
               credential are protected from the layoff process.  

             b)   For purposes of maintaining or achieving compliance with  
               constitutional requirements related to equal protection of  
               the laws.

           2)Purpose  .  According to the Superintendent of Public  
            Instruction, 174 school districts and county offices of  
            education (COEs), 17% of the 1,000 districts and COES in  
            California, have been identified as in danger of meeting their  
            financial obligations for the next two years based on the  
            spring 2010 financial reporting period. This number represents  
            a 38% increase from the winter financial reporting period. 

            Many individuals attribute the increase in the number of  
            school districts and COEs having financial difficulty to the  
            reduction in GF/98 support and the loss of federal American  
            Recovery and Reinvestment Act funds to these agencies.  These  









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            two factors have caused districts and COEs to make significant  
            budget reductions.  The majority of school district  
            expenditures, between 80% and 90%, are for personnel costs,  
            which has led to reductions in administrative, classified, and  
            certificated staff.  For example, the SPI reports more than  
            20,000 classroom teachers received layoff notices in 2009-10.

            According to the author, "An unprecedented budget shortfall  
            has forced school districts to release thousands of teachers  
            and other employees, with real consequences for children.  
            These consequences, however, are not felt equally by school.  
            In response to a lawsuit filed by civil rights attorneys, a  
            superior court judge recently enjoined the Los Angeles Unified  
            School District from laying off wildly disproportionate  
            numbers of teachers at three district middle schools. Because  
            the district allowed new teachers to aggregate in some of its  
            lowest-performing schools, and because state law generally  
            requires districts to lay off their least senior teachers  
            first, these three schools with mostly junior teachers faced  
            losses of as much as 60 percent of their faculty, compared to  
            15 percent or less at other district middle schools across  
            town. Other districts, including Sacramento City Unified, have  
            seen certain schools disproportionately impacted by layoffs."

           3)Implementation issues .  This bill requires school districts to  
            ensure the proportion of classroom teachers receiving layoff  
            notices or ultimately laid off at a school ranked in deciles  
            one to three of API is not greater than the proportion of  
            classroom teachers receiving layoff notices or laid off  
            districtwide.    This bill would affect classroom teachers  
            employed at non-charter schools ranked in deciles one to three  
            of the API.<1>  




            The following table displays the schools ranked in deciles one  
            to three of the 2009 API. 

          
                 -------------------------------------------------- 
                |                | Schools ranked |Total number of |

          ---------------------------
          <1>Charter schools are not required to comply with statutes  
          regulating tenure, unless the charter school specifies that it  
          will comply with these statutes.  








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                |                |in deciles 1 to | schools in the |
                |                | 3 of the API.  |     statea     |
                |----------------+----------------+----------------|
                |Non-Charter     |     2,345      |     9,898      |
                |Schools         |                |                |
                |----------------+----------------+----------------|
                |Charter Schools |      231b      |      746       |
                |                |                |                |
                |----------------+----------------+----------------|
                |Total           |     2,576      |10,644          |
                 -------------------------------------------------- 
                aNot all schools in the state receive an API score.    
                 bThree charter schools are authorized by the State Board  
                of Education. 

              a)   May cause school district to issue more layoff notices  .   
               Several school districts have raised concerns this bill  
               would cause them to issue more layoff notices than they  
               normally would due to the requirement that teachers at  
               schools ranked in deciles one to three of the API cannot be  
               laid off in larger percentages than teachers at other  
               schools in the district (regardless of their seniority  
               status).  Specifically, Los Angeles Unified School District  
               (LAUSD) contends the number of layoff notices would  
               increase by approximately 40%.  This increase is attributed  
               to the district's need to confirm it noticed enough  
               individuals to ensure the appropriate placement of teachers  
               with regard to the teacher credentialing requirements (see  
               below).     

               Under current law, school districts are required to conduct  
               an administrative hearing process, upon request, to ensure  
               layoff notices were issued to the appropriate teachers  
               based on their seniority and credential requirements.  This  
               process requires an ALJ to determine if the school district  
               followed statute with regard to the RIF process.  LAUSD and  
               other school districts contend their hearing process will  
               take longer due to the consequence of issuing more layoff  
               notices.  

              b)   Exacerbates teacher credentialing issues  .  Existing law  
               requires classroom teachers to have a specific credential  
               to teach a subject, grade level, and often a specific pupil  
               population (i.e., special education).  There are two main  
               types of teaching credentials: single subject credential  









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               and multiple subject credential.  A single subject teaching  
               credential authorizes an individual to teach the specific  
               subject (i.e, math, English, etc.) named on the credential  
               in departmentalized classes such as those in most middle  
               schools and high schools.  A multiple subject teaching  
               credential authorizes an individual to teach in a  
               self-contained classroom, such as the classrooms in most  
               elementary schools.

               When a school district conducts a RIF process, it must  
               ensure the teachers being laid off are replaced with other  
               appropriately credentialed teachers.  For example, if an  
               elementary school teacher is laid off due to increases in  
               class size, he or she must be replaced with a teacher who  
               possesses a multiple subject credential.  A school district  
               struggles with this requirement under the current RIF  
               process.  This bill will further limit a school district's  
               pool of appropriately credentialed teachers to draw form to  
               replace teachers being laid off.  

              c)   Small school districts  .  There are approximately 300  
               school districts (of the 1,000) in the state that are  
               considered small districts.  These districts will likely  
               have a problem implementing this bill.  For example,  
               several school districts with schools ranked in decile one  
               to three of the API have less than five schools in their  
               district.  Of these schools two or more are ranked in  
               decile one to three.  This measure would require the  
               district to ensure these schools did not receive a  
               disproportionate number of teacher layoffs compared to the  
               entire school district.  This may be difficult to implement  
               if the pool of replacement teachers the district draws from  
               does not meet credential or other requirements.   
               Essentially, small school districts do not have a large  
               number of teachers to begin with and therefore, replacing  
               them due to layoffs may be difficult.  

           4)Will reforming the RIF process lead to more qualified teachers  
            instructing pupils in low performing schools  ?  The premise for  
            the bill is that pupils enrolled in the state's lowest  
            performing schools are disproportionately affected by the RIF  
            process because they are instructed by the state's least  
            experienced teachers.  Statewide data supports this premise.   
            According to the Center for the Future of Teaching and  
            Learning (CFTL)'s 2009 policy brief entitled Equity and  









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            Excellence in Education, "California 6th graders in the lowest  
            achievement quartile [of the API] are three times more likely  
            to have had an underprepared teacher during elementary school.  
             And the odds of them having more than one underprepared  
            teacher in their elementary years are ten times greater than  
            those of students in the highest achievement quartile [of the  
            API]."  While this measure may lead to pupils in the state's  
            lowest performing schools being instructed by a more stable  
            teacher workforce, it will not lead to pupils being instructed  
            by more qualified or effective teachers.

            In March 2010, The New Teacher Project released a policy brief  
            entitled A Smarter Teacher Layoff System: How Quality-Based  
            Layoffs Can Help Schools Keep Great Teachers in Tough Economic  
            Times.  This brief argues the policy of "last hired, first  
            fired" in which newer teachers are laid off first before  
            veteran teachers system is both unfair and ineffective.  The  
            policy brief also argues that a more quality-based layoff  
            process will "likely decrease the total number of teachers  
            affected by layoffs."  Specifically, the New Teacher Project  
            states: "Even [an evaluation] system that gave credit to years  
            of experience without making seniority the sole factor would  
            result in greater diversity of experience and salary levels  
            among teachers in the layoff pool, reducing the total number  
            of layoffs required and thereby reducing the burden on the  
            remaining teachers and their students."    

            A June 2010 study released by the National Board Resource  
            Center (Stanford University) entitled: A Quality Teacher in  
            Every Classroom: Creating a Teacher Evaluation System that  
            Works for California argues state education policy should  
            focus on reform that builds on "the capacity of our teachers  
            to meet the challenges our schools face. The urgency of the  
            task of improving teacher quality makes it more important than  
            ever for us to attend to the knowledge and experience of  
            teachers themselves and not to succumb to quick-fix reforms  
            accompanied by one-time infusions of money." 

            Research has demonstrated that the quality of a pupil's  
            teacher is the single most important factor in whether or not  
            the pupil succeeds academically.  A comprehensive and fair  
            evaluation system is the first step in ensuring all pupils are  
            instructed by a quality teacher.  The National Board brief  
            states: "Two key elements to building a better teacher  
            evaluation system are, first, that it substantiates that the  









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            quality of a teacher's work to meet the needs of [his or] her  
            students, and, second, that it helps a teacher understand what  
            [he or] she needs to do to improve, regardless of the level of  
            her experience." 

            The National Board policy brief argues that California has a  
            strong foundation in which a new teacher evaluation system can  
            be built upon.  Specifically, the brief states: "We believe  
            that, rather than throwing away the work that was accomplished  
            at considerable cost and commitment of expertise, it makes  
            sense to use it to build a new system that will lead to a  
            comprehensive approach to teacher evaluation that promotes  
            professional learning throughout the teacher development  
            continuum."   

            A key issue is whether simply reforming the RIF process, as  
            proposed in this bill, will result in pupils in the state's  
            lowest performing schools being instructed by more qualified,  
            effective teachers.  

           5)Sharail Reed et. al. v. State of California and Los Angeles  
            Unified School District (LAUSD)  .  In February 2010, the ACLU  
            filed a complaint in Los Angeles Superior Court on behalf of  
            eight middle school pupils enrolled in LAUSD against the state  
            and LAUSD.  The complaint argues the pupils attending Gompers,  
            Liechty, and Markham middle schools have been denied "the  
            basic education opportunity guaranteed by the California  
            Constitution."  Specifically, the ACLU states that over the  
            summer of 2009 these schools "lost half to two-thirds of their  
            teachers, and many of those positions remained unfilled at the  
            start of the school year."  The complaint further contends  
            these schools suffered disproportionate teacher layoffs in  
            comparison to other schools in the district due to their high  
            concentrations of new teachers and the statutory requirement  
            that seniority be the factor that determines teacher layoffs.   
            For example, the complaint states: "50% of teachers at  
            Gompers, 57% of teachers at Markham, and 72% of teachers at  
            Liechty were laid off."  

            The plaintiffs further contend that administrators at these  
            middle schools recruited newer teachers "because they wanted  
            to work with the student populations (i.e., low  
            socio-economic, pupils of color, etc.) that served these  
            schools.  The schools had successfully recruited a critical  
            mass of teachers committed to staying at the schools and  









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            becoming the foundation for an experienced, effective teaching  
            corps."  The complaint argues that a disproportionate loss of  
            teachers at these schoolsites affects the ability to implement  
            reform plans with the purpose of achieving higher academic  
            outcomes for students.   

            In May 2010, Los Angeles Superior Court Judge William F.  
            Highberger granted an injunction in the case to preclude  
            teacher layoffs from occurring at Gompers, Liechty, and  
            Markham middle schools.  Specifically, the court states: "[It]  
            has the power to override both statutory and contractual  
            rights to remedy the violation of Plaintiffs' constitutional  
            rights."  

            The judge concluded the RIFs conducted by LAUSD "have had and  
            will have a disparate negative impact on Plaintiffs' schools.   
            The disparities matter because the evidence shows there is a  
            distinct relationship between high teacher turnover and the  
            quality of educational opportunities afforded: high teacher  
            turnover devastates educational opportunity."  

            The injunction also discusses the court's awareness of the  
            statutory requirements related to the use of seniority to  
            determine teacher layoffs and the requirements of LAUSD's  
            collective bargaining agreement with its teachers.  However,  
            the injunction states: "the Education Code expressly qualifies  
            these seniority rights, allowing deviations for pedagogical  
            needs and constitutional interests."  The court further argues  
            that existing statute authorizes school districts to deviate  
            from using seniority in order to comply with constitutional  
            equal protection laws.  The injunction states: "The plain  
            language of this statute clearly applies to a situation in  
            which layoffs would result in a violation of students' equal  
            protection rights."   

            The committee may wish to consider whether it is appropriate  
            to revise state statute that will affect a pending lawsuit  
            against the state and one school district.   

           6)Is current law sufficient to implement a RIF process that  
            deviates from seniority  ?  Opponents of this bill argue current  
            law allows school districts to skip teachers, regardless of  
            seniority, from being laid off if the district demonstrates  
            the following: a specific need to teach a specific course or  
            course of study, or to provide services authorized by certain  









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            services credentials and the retained individual has the  
            specific experience or training required to meet that need.

            Opponents of this measure cite the Bledsoe v. Biggs appellate  
            court decision (January 2009) as evidence that current law is  
            sufficient to skip less senior teachers in the RIF process.   
            In March 2007, Mr. Bledsoe was a certificated employee who  
            worked for the Biggs Unified School District (BUSD) for nine  
            years teaching English and social science to seventh and  
            eighth grade pupils.  He received a layoff notice informing  
            him that his services would not be required for the 2007-08  
            school year.  Specifically, BUSD's superintendent proposed a  
            RIF process that skipped two senior classroom teachers with  
            less experience than Mr. Bledsoe, who instructed pupils in a  
            community day school, which serve expelled students and other  
            high-risk youths. 

            Mr. Bledsoe, as afforded to him under statute, received an  
            administrative hearing to determine the accuracy of the  
            seniority list and "bumping" chart.  Bumping refers to a  
            senior teacher moving into the position of a junior teacher.   
            The ALJ issued a proposed decision (the final decision is made  
            by the school district governing board pursuant to statute)  
            upholding the layoff notice to Mr. Bledsoe.  Specifically, the  
            ALJ determined the following: "a community day school teacher  
            required specialized training and experience; [the two  
            teachers in question] possess necessary special training and  
            experience; the District has a special need to retain their  
            services, and Bledsoe lacks the special training and  
            experience necessary to teach at the community day school.   
            The District met its burden under [state statute] to allow it  
            to deviate from terminating certificated employees in strict  
            order of seniority so as to retain [the two community day  
            school teachers.]"  BUSD adopted the ALJ's proposed decision  
            and Mr. Bledsoe was sent a final layoff notice.  

            Mr. Bledsoe and the Biggs Unified Teachers Association filed a  
            petition in court challenging his layoff on the grounds it was  
            illegal for BUSD to give notice to him and not the two less  
            senior community day school teachers without first assessing  
            Mr. Bledsoe's competence to teach at the community day school.  
             The trail court ruled in favor of the school district.  Mr.  
            Bledsoe appealed the decision to the Third Court of Appeal in  
            California and this court determined "the trial court did not  
            err in concluding the District properly retained [the two  









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            community day school teachers] even though Bledsoe had  
            seniority over them."  The appellate court also concluded  
                                                            evidence provided by the defendants "supports the finding that  
            Bledsoe does not possess the special training and experience  
            that [the two community day school teachers] possess."

            Even though the court ruled in favor of BUSD's authority to  
            develop "skipping" criteria that retained less senior teachers  
            over a more senior teacher, school districts argue that  
            current law is not clear to make this determination with  
            confidence.  Districts further contend it is not fiscally  
            prudent to develop "skipping" criteria based on the type of  
            school a teacher teaches at because more often than not the  
            teacher being skipped will file a complaint in court regarding  
            the district's determination.  The majority of school  
            districts determine the risk of a legal challenge supersedes  
            the decision to develop this type of "skipping" criteria for  
            the RIF process.  

           7)Related legislation  .  SB 955 (Huff), pending in the Senate  
            Rules Committee, makes various changes to statutes governing  
            staffing notification deadlines, layoff and dismissal  
            procedures, and reemployment preferences pertaining to  
            certificated educators. 


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081