BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   June 30, 2010

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   SB 1285 (Steinberg) - As Amended:  June 22, 2010

           SENATE VOTE  :  Vote not relevant
           
          SUBJECT  :   Education employment. 

           SUMMARY  :  Makes various changes to the procedures school  
          districts must follow when hiring, terminating and reappointing  
          teachers; requires the Superintendent of Public Instruction  
          (SPI) to force school districts to comply with teacher  
          termination rules in low performing schools; and, requires the  
          county superintendent of schools (CSS) to compare the percentage  
          of first and second year teachers at low performing schools with  
          the rest of the district.  Specifically,  this bill  :   

          1)Requires a CSS, during the visit to each school ranked in  
            deciles 1 to 3 of the Academic Performance Index (API), to  
            determine the extent to which the percentage of teachers in  
            each school who are in their first or second year of teaching  
            exceeds or falls below the percentage of teachers in the  
            district who are in their first or second year of teaching;  
            and, specifies the first or second year of teaching shall  
            include time served as a temporary, probationary, or permanent  
            teacher. 

          2)Removes county office of education (COE) funding for Williams  
            lawsuit site visits from the categorical flexibility  
            provisions; and, deletes the corresponding requirement for  
            COEs to conduct at least one site visit per school.

          3)Requires a school district superintendent, when making initial  
            teacher assignments, to assign teachers in such a manner that  
            the percentage of teachers in each school who are in their  
            first or second year of teaching does not exceed the  
            percentage of teachers in the district who are in their first  
            or second year of teaching by more than 10%; and, specifies  
            the first or second year of teaching shall include time served  
            as a temporary, probationary, or permanent teacher.

          4)Specifies that a school district may deviate from terminating  
            or reappointing a certificated employee in order of seniority,  








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

          5)Requires, for purposes of maintaining stability of  
            certificated employees who provide instruction in a classroom  
            at schools in deciles 1 to 3 of the API, the proportion of  
            certificated employees who provide instruction in a classroom  
            terminated at those schools in any given year as part of a  
            reduction in the number of employees shall be no greater than  
            the proportion of certificated employees who provide  
            instruction in a classroom terminated in the school district  
            as a whole; and, specifies that this limit shall also apply to  
            reductions of certificated employees who provide instruction  
            in a classroom at schools on the list of the persistently  
            lowest-achieving schools (PLAS) approved by the state board of  
            education (SBE), provided those schools have put in place  
            certificated employees who provide instruction in a classroom  
            as part of a school reform plan approved by the governing  
            board. 

          6)Specifies the SPI shall require local governing boards that do  
            not comply with proportionate terminations at schools in  
            deciles 1 to 3 of the API and PLAS to reinstate the  
            certificated employees terminated in violation of the limit;  
            specifies that certificated employees who are reinstated shall  
            be returned to employment at the school from which they were  
            terminated; specifies that local governing boards shall not  
            make further reductions in force in certificated employees at  
            that school for the remainder of the school year; and,  
            prohibits local governing boards from making reductions in  
            certificated employees at other schools in the district to  
            compensate for these reinstatements.

          7)Specifies that a school district may deviate from reappointing  
            a certificated employee in order of seniority for purposes of  
            furthering improvements in pupil achievement at schools in  
            deciles 1 to 3 of the API that have put in place certificated  
            employees who provide instruction in a classroom as part of a  
            school reform plan approved by the governing board of a school  
            district; authorizes governing boards to reappoint  
            certificated employees who provide instruction in a classroom,  
            regardless of seniority, at these schools in a manner that  
            supports the school reform plan; and, authorizes governing  
            boards to use this authority to reappoint certificated  








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            employees who provide instruction in a classroom at schools on  
            the list of PLAS approved by the SBE.

          8)Makes Legislative findings and declarations that every  
            California child has a constitutional right, under the equal  
            protection clause of the California Constitution, to equal  
            educational opportunity; that some school districts have  
            declined to use this authority and have not protected pupils'  
            rights to equal educational opportunity; and, that school  
            districts shall utilize the authority in existing law to  
            deviate from terminating a certificated employee in order of  
            seniority in order to maintain or achieve compliance with the  
            constitutional guarantee of equal protection of the laws, and  
            to prevent disparate impacts of teacher layoffs on pupils'  
            rights to education.

          9)Declares Legislative intent to identify federal funds to  
            support teachers in schools ranked in deciles 1 to 3 of the  
            API and that these funds support programs designed to enhance  
            professional development and retention, as specified.

           EXISTING LAW  : 

          1)Requires districts to terminate employees in the inverse of  
            the order in which they were employed.  Specifies that  
            districts may deviate from the order of seniority in  
            terminating and reappointing a certificated employee:  

             a)   If the district demonstrates a specific 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; or, 

             b)   For purposes of maintaining or achieving compliance with  
               constitutional requirements related to equal protection of  
               the laws.  (Education code 44949, 44955 and 44956)  

          2)Prohibits the dismissal of a teacher on permanent status  
            except for "cause," which includes but is not limited to  
            immoral or unprofessional conduct, conviction of a felony or  
            any crime involving moral turpitude, unsatisfactory  
            performance, or evident unfitness for service.  (Education  
            code 44932)









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          3)Requires a CSS to annually report on the status of the schools  
            within the county that are ranked in deciles 1 to 3 of the  
            API, pursuant to the Williams lawsuit.  (Education code 1240)

          4)Authorizes, for the 2008-09 fiscal year to the 2012-13 fiscal  
            year, recipients of the Williams lawsuit funding to use  
            funding received for any educational purpose; and, requires a  
            COE to conduct at least one site visit to each of the required  
            schoolsites pursuant to Section 1240 and shall fulfill all of  
            the duties set forth in Sections 1240 and 44258.9  (Education  
            code 42605)

          5)Requires the superintendent of each school district to, in  
            addition to other powers and duties granted to or imposed upon  
            him or her, subject to the approval of the governing board,  
            assign all employees of the district employed in positions  
            requiring certification qualifications, to the positions in  
            which they are to serve; and, specifies this power to assign  
            includes the power to transfer a teacher from one school to  
            another school at which the teacher is certificated to serve  
            within the district when the superintendent concludes that the  
            transfer is in the best interest of the district.  (Education  
            code 35035)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The entire contents of this bill were deleted in the  
          Assembly Judiciary Committee and the amendments removed the bill  
          from their jurisdiction.  

          This bill makes various changes to the procedures school  
          districts must follow when hiring, terminating and reappointing  
          teachers.  The bill requires school district superintendents to  
          assign teachers in such a manner that the percentage of teachers  
          in each school who are in their first or second year of teaching  
          shall not exceed the percentage of teachers in the district who  
          are in their first or second year of teaching by more than 10%;  
          prohibits superintendents from laying off a higher proportion of  
          teachers at low performing schools compared to the district  
          average; and, specifies the SPI shall require local governing  
          boards that do not comply with proportionate terminations at low  
          performing schools to reinstate the certificated employees  
          terminated in violation of the limit.  Further, the bill  
          requires the CSS to determine whether the percentage of teachers  
          at low performing schools who are in their first or second year  








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          of teaching exceeds or falls below the percentage of teachers in  
          the district who are in their first or second year teaching;  
          and, removes the COE funding for Williams settlement site visits  
          from categorical flexibility. 

          The author's intent is to ensure students have access to quality  
          teachers and that student civil rights are protected in our  
          education system.  According to the author, "children at schools  
          with disproportionate numbers of junior teachers face an unfair  
          burden of destabilization in the next round of reductions in  
          force.  This bill would protect schools from disparate impact in  
          that process, with particular emphasis on deciles 1 to 3  
          schools."  In practice, however, several of the proposals in  
          this bill create concerns because they cannot be easily  
          implemented state-wide.  Two pieces of the bill, the  
          clarification of the equal protection clause and the requirement  
          for proportional layoffs at deciles 1 to 3 schools, do speak to  
          the real world needs of students in the classroom.  

           Williams Lawsuit Monitoring & Categorical Flexibility  .  This  
          bill requires the CSS, as part of the Williams Lawsuit site  
          visits, to determine the extent to which the percentage of  
          teachers at the school who are in their first or second year of  
          teaching exceeds or falls below the percentage of teachers in  
          the district who are in their first or second year of teaching.   
          The committee should consider whether the information gathered  
          from these site visits could be helpful in demonstrating the  
          potential differences in teacher experience at an individual  
          school compared to other schools within a district and could  
          highlight inequities within a school district.  However, the  
          committee should also consider the fact that it is unclear what  
          the potential ramifications would be for districts that are  
          found to have deficiencies.  Besides the CCS notifying the  
          district superintendent and potentially the SPI, it is unclear  
          how the deficiencies will be corrected and if any penalties will  
          be assessed.  

          The bill also removes the Williams lawsuit site visit funding  
          from the flexibility provisions in the budget.  Currently, these  
          funds are flexible and COEs are authorized to do only one site  
          visit per school if they are able to fulfill all of the  
          requirements under the Williams lawsuit during one site visit.   
          This flexibility also allows COEs to potentially use excess  
          funds in this account for other purposes, or move funds from  
          this account to other accounts for different purposes.  It is  








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          unclear whether removing these funds from the flexibility  
          provisions will mean that the COE pre-flexibility funding levels  
          will be restored, including the approximate 20% funding  
          reduction that all flexibility funds received.  The committee  
          should consider whether removing the Williams lawsuit site visit  
          funding from flexibility will be accompanied by a restoration of  
          the funding to pre-flexibility levels.  If these funds are  
          removed from the flexibility provisions, but the funding level  
          will not be restored, the committee should consider whether COEs  
          will be able to efficiently manage their workload with reduced  
          funding, especially since this bill would reinstate all the  
          Williams and Valenzuela lawsuit requirements and add additional  
          duties to the COE to complete during the site visits.

           Achieving the Same Percentage of First and Second Year Teachers  
          at Each School  .  This bill requires the superintendent, when  
          making an initial assignment, to assign teachers in such a  
          manner that the percentage of teachers in each school who are in  
          their first or second year of teaching does not exceed the  
          percentage of teachers in the district who are in their first or  
          second year of teaching by more than 10%.  Does this mean that a  
          superintendent must only consider experience when making initial  
          teacher assignments?  The definition of "initial assignment" is  
          also unclear.  Does the initial assignment only occur when a  
          teacher is first hired by the district?  Does the initial  
          assignment include the first assignment at the beginning of each  
          school year?  Does it include transfers? 

          It is unclear if it is possible for a superintendent, when  
          making an initial assignment, to assign teachers so that the  
          percentage of teachers in each school who are in their first or  
          second year of teaching does not exceed the percentage of  
          teachers in the district who are in their first or second year  
          of teaching by more than 10%.  For example, if school A is  
          replacing a five teachers and school B is replacing one teacher,  
          is it possible for the superintendent to hire enough teachers  
          with three or more years of experience at school A to balance  
          one first year teacher at school B?  Similarly, if 20% of the  
          teachers in school A are in their first or second year and 50%  
          of the teachers in school B are in their first or second year,  
          does that mean a superintendent must only hire teachers with  
          more than two years experience for school B in order to decrease  
          the percentage of first and second year teachers?  And  
          conversely, must a superintendent only hire first or second year  
          teachers to teach at school A to increase the percentage?  What  








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          happens if the superintendent must hire a math teacher, and the  
          only qualified applicants are first or second year teachers, and  
          the addition of that teacher will put the school over the  
          allowable percentage?  The committee should consider whether  
          this requirement is attainable or appropriate at the local  
          level.

          If the "initial assignment" includes transfers and  
          reappointments, and if it were possible for a superintendent to  
          assign teachers at the start of a school year so that all  
          schools had a similar percentage of first and second year  
          teachers, wouldn't the proportion be disrupted if a single first  
          or second year teacher requests a transfer, gets an extended  
          illness, goes out for maternity or paternity leave, is  
          dismissed; or, is laid off and reappointed?  With this in mind,  
          it is unclear how assigning teachers for their initial  
          assignment will achieve parity of first and second year teachers  
          among schools.  In addition, the committee should consider  
          whether including transfers in this provision will create a  
          conflict with current law that allows a principal at deciles 1  
          to 3 schools to refuse the transfer of a teacher.  If a  
          superintendent is required to create a balance of first and  
          second year teachers across all schools, and in doing so  
          transfers a teacher, what would happen if the principal invokes  
          the right to refuse that transfer?  This conflict would make it  
          unclear whether the superintendent or the principal makes the  
          final decision under the law.

          If years of experience were also considered during  
          reappointment, it is also unclear whether it would be possible  
          to achieve parity among schools during the teacher assignment  
          process.  For example, if a teacher is to be reappointed at  
          school A and they have 3 years of experience, and a teacher is  
          to be reappointed at school B and they have 1 year of  
          experience, would the superintendent be unable to reappoint one  
          of those teachers since their experience levels will create  
          inequity between the schools?  Would the superintendent be  
          prohibited from hiring back one of those teachers and instead be  
          required to hire a new teacher with exactly the same experience  
          as the teacher at the other school?

          According to the author, as a long term solution, districts need  
          to create a better balance of teacher experience across schools,  
          both to avoid risk of disproportionate layoffs in times of  
          budget crisis, and to protect the lowest-performing schools from  








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          teacher turnover that results from aggregating the most junior  
          teachers to low-performing schools as training grounds while  
          allowing higher performing schools to attract and retain those  
          teachers who stay in the profession.  This bill would move  
          districts in that direction.

           Is this a State-Wide Solution for a State-Wide Problem  ?   
          According to the Center for the Future of Teaching and Learning  
          (CFTL), recent studies conducted by Ed Trust West and SRI found  
          that state-wide, the average years of teacher experience in  
          decile 1 schools compared to decile 10 schools does not vary  
          substantially.  They found that the average teacher experience  
          in decline 1 schools is 11.1 years while the average teacher  
          experience at decile 10 schools is 13.5.  Upon further review,  
          CFTL found that among particular school districts there are  
          several instances where one school has an average of two years  
          teacher experience while another school has an average 19 or 20  
          years, yet the district average is 11-13 years.  While this  
          pattern appears in particular school districts, it is unclear if  
          this pattern is consistent across all school districts across  
          the state and whether a state-wide requirement is appropriate.   
          The committee should consider whether all school districts in  
          the state should be required to balance the percentage of first  
          and second year teachers at all schools, especially small school  
          districts that would have little or no flexibility; or, whether  
          this requirement should only fall upon districts with  
          demonstrated inequalities.

          According to CFTL, San Juan Unified School District has five  
          schools in deciles 1 to 3 that have more than a 10% higher  
          percentage of first and second year teachers than the district  
          average.  This equates to 7% of the schools in the district or 5  
          out of 75 schools.  Long Beach Unified School District has 10  
          schools in deciles 1 to 3 that have more than a 10% higher  
          percentage of first and second year teachers than the district  
          average.  This equates to 11% of the schools in the district or  
          10 out of 90 schools.  Oakland Unified School District has 29  
          schools in deciles 1 to 3 that have more than a 10% higher  
          percentage of first and second year teachers than the district  
          average.  This equates to 20% of the schools in the district or  
          29 out of 142 schools.  The committee should consider whether  
          school districts, like Oakland, that have a larger percentage of  
          schools that fall outside the allowable district range of first  
          and second year teachers, will have significantly more  
          difficulty implementing these provisions of the bill in a short  








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          amount of time, due to the scale of the issue.

           Constitutional Protections  .  This bill clarifies existing law to  
          ensure that both students and teachers are protected by  
          constitutional requirements for equal protection under the law.   
          This will ensure that both the rights of teachers and students  
          can be considered during the layoff and reappointment process.   
          According to the author, against the backdrop of California's  
          fiscal crisis, the principle of equal educational opportunity is  
          under strain statewide.  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 schools.  The  
          committee should consider whether this clarification in the law  
          is necessary and whether the authorization is clear enough to  
          ensure proper implementation state-wide.  

           Layoff Decisions based on Seniority and Low Performing Schools  .   
          This bill prohibits school districts from laying off higher  
          percentages of certificated employees who provide instruction in  
          a classroom at low performing schools (deciles 1 to 3) than the  
          district as a whole; and, authorizes districts to diverge from  
          seniority to make layoff and reappointment decisions.  A recent  
          policy brief published by The New Teacher Project notes that a  
          key consequence of the sole use of seniority in layoff decisions  
          is that "high-poverty schools tend to have higher concentrations  
          of more junior teachers, quality-blind layoff rules  
          disproportionately affect the most vulnerable schools and  
          students."  Further, due to the budget crisis, California school  
          districts have laid off more teachers in the last several years.  
           The New Teacher Project policy brief argues that a more  
          quality-based layoff process will "likely decrease the total  
          number of teachers affected by layoffs.  Last-hired, first-fired  
          layoff rules greatly exacerbate the impact of layoffs on schools  
                                                                                     and teachers because more junior teachers earn lower salaries;  
          closing a budget gap by laying off the lowest-paid teachers  
          means that more teachers must be laid off to meet the budget  
          target."  However the study is quick to clarify that it is not  
          advocating for more senior teachers to be laid off to close the  
          budget gap.  Instead, the brief 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  








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          students."    

          In February 2010, the ACLU filed a lawsuit in superior court  
          against the state and Los Angeles Unified School District  
          (LAUSD) "for carrying out budget cuts last year that  
          disproportionately affected [low income students and students of  
          color] at the three schools, decimating their teaching staffs.   
          While many schools around the state lost zero teachers to the  
          budget crisis, more than half of the teaching staff at Gompers,  
          Liechty, and Markham middle schools lost their jobs as permanent  
          teachers.  At Liechty, fully 72% of the teachers received layoff  
          notices; at Markham, the layoffs included almost the entire  
          English department along with every 8th grade history teacher."   
          The ACLU states, "Because state and district policies allowed an  
          overwhelming number of the newest teachers to be hired at the  
          highest need schools, Gompers, Liechty and Markham suffered  
          enormous and disproportionate impacts on their teaching staffs."  
            The lawsuit further states that these schools were unable to  
          rehire for the vacant teaching positions off the rehire list  
          because of the difficult neighborhoods in which these schools  
          are located.  In May 2010, the courts issued an injunction  
          stating that LAUSD may not implement any budget based lay offs  
          of classroom teachers at these three schools, pending further  
          order from the court.

          Supporters argue that significant bumping like that which  
          occurred at these schools is extremely disruptive to school  
          communities and classroom instruction.  It has been argued that  
          when these challenging schools begin the reform process by  
          hiring new administrators and teachers who are excited and  
          dedicated to teach at these schools, a cultural change begins to  
          take place that often affects student achievement in a positive  
          way.  When these committed teachers are laid off, and teachers  
          from other schools in the district are "bumped" into teaching  
          positions at these challenging schools, the teacher is often  
          unhappy, the cultural change is disrupted, and student  
          achievement can also be negatively effected.  While it could be  
          argued that more senior teachers can provide higher quality  
          instruction, if that individual teacher is not committed to  
          working at an extremely low achieving school, they may not be  
          committed to the cultural changes happening at the school and  
          often do not stay at the school.  The committee should consider  
          whether low performing schools should be protected from  
          disproportionate layoff bumping practices due to their unique  
          staffing challenges and laser focus on increasing student  








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          achievement and the quality of instructional programs.  The  
          committee should also consider whether districts should be  
          allowed to consider the potential impact of losing most members  
          of a particular department at an individual school or losing a  
          teacher with special skills or training, during the layoff  
          process.
           
           According to the author, newspaper accounts from this year's  
          reduction in force experience and data regarding distribution of  
          junior teachers in districts around the state confirm that the  
          risk of low income students of color bearing a disproportionate  
          burden of the budget crisis by losing more of their teachers  
          than other students lose remains present and severe throughout  
          California and certainly is not unique to Los Angeles.
           
          Persistently Lowest Achieving Schools (PLAS)  .  In addition to  
          deciles 1 to 3 schools, this bill prohibits school districts  
          from laying off higher percentages of certificated employees who  
          provide instruction in a classroom at schools identified as PLAS  
          than the district as a whole; and, authorizes districts to  
          diverge from seniority to make reappointment decisions.  The  
          committee should note that the schools currently identified as  
          PLAS include schools above decile 3.  

          PLAS schools are required to choose one of four intervention  
          models: Turnaround; Restart; School Closure; or, Transformation.  
           The Turnaround model specifically requires 50% of the teachers  
          at the school to be replaced.  This bill prohibits teachers at  
          PLAS from being laid off at a greater proportion than other  
          schools in the district; and, authorizes districts to reappoint  
          teachers at PLAS regardless of seniority, but the bill does not  
          specify a timeline.  In other words, if PLAS were prohibited  
          from laying off a higher proportion of teachers than the  
          district average, how would that be harmonized with the federal  
          requirement that 50% of the teachers be replaced?  Further,  
          under this bill could a PLAS reappoint a teacher it was just  
          forced to let go under federal law?  In order to meet federal  
          law, it may be necessary to identify a timeline under which PLAS  
          that have elected specific intervention models are required to  
          abide by these requirements.

          The bill specifies that the provisions apply to "schools on the  
          list of PLAS, approved by the SBE."  Since schools may be  
          identified as persistently lowest achieving for other reasons  
          under current law, this reference to PLAS should be more  








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          general, so as to apply to any identified PLAS.

           Requiring the SPI to Enforce Layoffs  .  This bill specifies the  
          SPI shall require local governing boards that do not comply with  
          proportionate terminations at schools in deciles 1 to 3 of the  
          API  and PLAS to reinstate the certificated employees terminated  
          in violation of the limit; and, specifies that the governing  
          board shall not make reductions in certificated employees at  
          other schools in the district to compensate for these  
          reinstatements.  Some argue that this provision amounts to a  
          financial penalty for districts that attempt to lay off higher  
          percentages of teachers.  The committee should consider whether  
          it is appropriate for school districts to be financially  
          penalized for failing to comply with this provision in the bill.

           Teacher Reappointment, Seniority and School Reform Plans  .  This  
          bill authorizes school district governing boards to reappoint  
          teachers without regard to seniority at deciles 1 to 3 schools  
          and PLAS, if it is part of a school reform plan.  This provision  
          in the bill raises many questions.  It is unclear how formal a  
          school reform plan would need to be in order to use the plan as  
          a reason to reappoint teachers without regard to seniority.   
          What elements would be required to be included in the school  
          reform plan?  Would the school reform plan be required to even  
          mention teachers?  For example, if a school board approved a  
          school reform plan to update the facilities at a school, could  
          that "school reform plan" be used to authorize the district to  
          reappoint teachers without regard to seniority, when the reform  
          plan has nothing to do with instruction?  Would this provision  
          authorize districts to pink slip notice 100% of the teachers at  
          a decile 1 to 3 school, and thus authorize a district to  
          reappoint only the least experienced, and least costly teachers?  
           Further the bill is silent with regard to the evaluation method  
          that districts would need to use in deciding which teachers to  
          reappoint.  The committee should consider these questions before  
          implementing this policy state-wide.

           Intent Language  .  The bill includes intent language that  
          encourages districts to utilize the equal protection language in  
          the California constitution and declares that some districts  
          have declined to use this authority and thereby have not  
          protected pupils' rights to education.  The committee should  
          consider whether it is appropriate to declare that pupils'  
          rights have not been protected under existing law.









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           Inconsistent Terminology .  In existing law, teachers are  
          referred to as certificated employees.  This bill uses the term  
          "certificated employees who provide instruction in a classroom."  
           These terms are not interchangeable and actually refer to  
          different types of employees.  The term certificated employee  
          includes certificated teachers of all types including, but not  
          limited to, special education teachers and resource teachers and  
          also includes certificated nurses, just to name a few.  The term  
          certificated employees who provide instruction in a classroom  
          could refer to teachers that are assigned to a group of students  
          all day; or, it could refer to teachers that provide one day or  
          one hour of instruction in a classroom.  The term may or may not  
          include resource teachers and special education teachers,  
          depending on if those particular teachers provide classroom  
          instruction.  The committee should consider whether the term  
          certificated employees who provide instruction in a classroom  
          should be clarified.

           The State-Wide Perspective  .  This bill proposes several large  
          policy changes to be implemented state-wide on an urgent basis.   
          Unfortunately, some of the provisions in the bill are difficult  
          or impossible to implement state-wide.  In addition, the  
          provisions in this bill spark intense debate and perhaps warrant  
          further discussion in the Legislature before implementation.   
          Other factors must also be considered during such a debate  
          regarding teacher seniority, such as what type of evaluation  
          tools are available that address teacher effectiveness, the  
          types of teacher mentoring and professional development that  
          exists state-wide, and the financial impact of the proposed  
          policy changes. 

           Arguments in Support  .  According to Public Advocates, "Even  
          before the fiscal crisis, California's students in schools with  
          higher concentrations of students of color, poor students and  
          immigrant students were disproportionately taught by the least  
          prepared and experienced teachers.  Nearly a quarter of interns  
          (23%) in California teach in the 10% of schools serving the  
          highest concentrations of minority students (98-100% non-white),  
          while less than 2% teach in the 10% of schools with the lowest  
          concentration of minority students.  Intern teacher assignments  
          increase sharply as the percentage of minority students in a  
          school increases. Ultimately, students in the 10% of schools  
          that are nearly entirely minority see five times as many interns  
          on staff as students in the decile with the lowest minority  
          concentration.  We applaud Senator Steinberg's response to the  








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          civil rights claims of poor students and students of color in  
          Los Angeles Unified School District.  We note that, ultimately,  
          to resolve the issue of the inequitable distribution of teacher  
          quality in California will require both a high quality,  
          multi-dimensional teacher evaluation system to identify the  
          teachers who are effective and highly effective and those who  
          are in need of improvement and an infusion of adequate resources  
          into the system to attract and retain teachers equally in  
          low-performing schools.  Even before California's fiscal crisis,  
          our schools were greatly underfunded.  In these difficult times  
          of severe budget cuts though, it is all the more critical that  
          we as a State ensure the remaining resources in the system,  
          including teachers, be equitably allocated and not  
          disproportionately cut in the neediest schools.  SB 1285 makes  
          an important contribution by forcing the system to ensure that  
          any adverse impacts of teacher assignments or of  
          reductions-in-force are not disproportionately visited upon the  
          neediest students in the lowest-performing schools."

           Arguments in Opposition  .  According to the California Federation  
          of Teachers, "The first of several concerns with the bill is the  
          fact that the Superintendent may impart a "penalty" on school  
          districts for "mismanaging" layoffs as defined in the bill.   
          While we appreciate the proposal of the penalty to protect and  
          restore classroom teachers' jobs and to prevent the redirecting  
          of layoffs to others in the district, we feel that the districts  
          will then target the next group of employees and that would be  
          the paraprofessionals in the classroom, the bus drivers, the  
          secretaries in the offices, the library technicians, etc.  In  
          essence, the districts would close their financial gaps on the  
          backs of a different group of employees who provide other vital  
          services to the students.  Another grave concern is the use of  
          the Academic Performance Index and the decile system for  
          labeling and protecting of deciles 1 through 3 schools.  The  
          labeling or ranking of a decile is based solely on test scores  
          and does not necessarily reflect the neediest students.  One  
          year the teachers at a decile 1 through 3 school may be  
          "protected" from layoffs; the following year, when the teachers  
          and staff have successfully improved the testing performance of  
          the students and become a decile 4 or higher school, the  
          teachers will then be more vulnerable to layoffs.  This proposed  
          system also does not take into account different types of  
          schools when comparing percentages of teachers laid off, that  
          is, when comparing elementary, middle and high schools within a  
          unified school district.  Finally, the proposed amendments to  








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          Education Code 44956(c)(3) gives the district unilateral  
          decisions on who to bring back from layoffs regardless of  
          credentialing and seniority.  This will allow for more arbitrary  
          decision credentials, training and competency are equal.  On the  
          contrary, by skipping more senior teachers on the rehire list  
          for decile 1 through 3 schools, it passes over the factor that  
          is at issue; experience and seniority.  We believe this proposal  
          is not needed and will actually be counterproductive."

          According to the California Teachers Association, this piece of  
          legislation creates instability while purporting to stabilize  
          staff at low-performing schools to avoid a disproportionate  
          impact of lay offs.  An unintended consequence of these  
          proposals may be that Districts over-notice teachers throughout  
          the District and then through the administrative transfer  
          process create vacancies at decile 1-3 sites and persistently  
          low achieving schools in order to pick and choose who returns.   
          In times of economic strife, these choices may result in age  
          discrimination; selecting cheaper teachers to balance district  
          budgets.  By permitting districts to layoff and rehire teachers  
          out of order, SB 1285 (Steinberg) will curtail teacher seniority  
          rights under the Education Code without adding any civil rights  
          protections for students that do not already exist.
          
          Committee Amendments  :  Staff recommends the bill be amended in  
          the following ways:
          1)Delete the contents of the bill except the following  
            provisions:
             a)   Require school districts to ensure that layoffs in  
               deciles 1 to 3 schools do not occur at a higher proportion  
               than the district; 
             b)   Authorize school districts to terminate and reappoint  
               teachers without regard to seniority to achieve compliance  
               with constitutional requirements related to equal  
               protection of the laws as it applies to pupils and to  
               certificated employees; and, 
             c)   Establish Legislative intent that that every California  
               child has a constitutional right, under the equal  
               protection clause of the California Constitution, to equal  
               educational opportunity; and, that school districts shall  
               utilize the authority in existing law to prevent disparate  
               impacts of teacher layoffs on pupils' rights to education.
          2)Specify that during a reduction in force hearing, the  
            proportion of teacher layoffs at deciles 1 to 3 schools  
            compared to the district average shall be considered. 








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          3)Clarify the definition of certificated employees who provide  
            instruction in a classroom. 

           Related legislation  .  SB 955 (Huff) from 2010, pending in the  
          Senate Rules Committee, an urgency measure, makes various  
          changes to statutes governing staffing notification deadlines,  
          layoff and dismissal procedures, and reemployment preferences  
          pertaining to certificated educators.   

          Previous legislation  .  SB 1655 (Scott), Chapter 518, Statutes of  
          2006, prohibits, among other things, the governing board of a  
          school district from adopting a policy or regulation, or  
          entering into a collective bargaining agreement that assigns  
          priority to a teacher who requests to be transferred to another  
          school over other qualified applicants who have applied for  
          positions requiring certification.  SB 1655 provided that, if  
          its prohibitions were in direct conflict with the terms of a  
          collective bargaining agreement in effect on the date of  
          enactment of that bill (January 1, 2007), those prohibitions  
          would become operative for any successor agreements.  

           REGISTERED SUPPORT / OPPOSITION  :
           
          Support 

           American Civil Liberties Union of Southern California  
           Asian Pacific American Legal Center
          California State NAACP
            Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Public Advocates
          Public Counsel
          Rainbow Push Coalition

           Opposition  

          California Federation of Teachers 
          California Teachers Association


           Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087