BILL ANALYSIS SB 1285 Page 1 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, SB 1285 Page 2 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 SB 1285 Page 3 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) SB 1285 Page 4 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 SB 1285 Page 5 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 SB 1285 Page 6 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 SB 1285 Page 7 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 SB 1285 Page 8 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 SB 1285 Page 9 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 SB 1285 Page 10 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 SB 1285 Page 11 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 SB 1285 Page 12 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. SB 1285 Page 13 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 SB 1285 Page 14 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 SB 1285 Page 15 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. SB 1285 Page 16 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