BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1224            
           ----------------------------------------------------------------- 
          |Author:    |Huff                                                 |
          |-----------+-----------------------------------------------------|
          |Version:   |April 7, 2016                               Hearing  |
          |           |Date:     April 20, 2016                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:     |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|Lenin DelCastillo                                    |
          |           |                                                     |
           ----------------------------------------------------------------- 
          
          Subject:  Certificated school employees:  assignments and  
          reassignments:  seniority:  reporting


            SUMMARY
          
          This bill requires a local educational agency (LEA) that makes  
          an assignment or reassignment of an employee due to seniority  
          provisions in current law to report them to the State Department  
          of Education (SDE), which would then be required to annually  
          aggregate the data and make it publicly available on its Web  
          site.

            BACKGROUND
          
          Existing law requires school districts to provide preliminary  
          notification to a permanent employee that his or her services  
          will not be required for the ensuing year no later than March  
          15th and provide final notification of termination of his or her  
          services by May 15th.  Permanent employees that receive a  
          preliminary layoff notice are allowed to request a hearing to  
          determine if there is cause for not reemploying him or her for  
          the ensuing year.  The hearing is to be conducted by an  
          administrative law judge who shall prepare a proposed decision,  
          containing findings of fact and a determination as to whether  
          the charges sustained by the evidence are related to the welfare  
          of the schools and students.  Copies of the proposed decision,  
          which is not binding on the governing board, shall be submitted  
          to the governing board and to the employee on or before May 7th.  
           (Education Code § 44949)







          SB 1224 (Huff)                                          Page 2  
          of ?
          
          

          When a district is undergoing a layoff, existing law requires  
          the governing board to assign and reassign teachers according to  
          their seniority and qualifications.  A teacher must pass a  
          subject matter competency test prior to being assigned to teach  
          a subject he or she has not previously taught and for which he  
          or she doesn't have the appropriate background or teaching  
          credential.  (Education Code § 44955)  

          Existing law requires school districts undergoing layoffs to  
          terminate certificated employees in the inverse order in which  
          they were employed.  Current law permits districts to deviate  
          from the order of seniority if:  

             1)   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 

             2)   For purposes of maintaining or achieving compliance with  
               constitutional requirements related to equal protection of  
               the laws.  
               (Education Code § 44955)

          Existing law specifies that for a period of 39 months from the  
          date of termination, a permanent teacher, who in the meantime  
          has not turned 65, has preferential rights to reappointment and  
          substitute service in order of seniority.  Existing law provides  
          probationary employees preferred rights for a period of 24  
          months.  
          (Education Code § 44956 and § 44957)  

            ANALYSIS
          
          This bill:

          1)   Requires a local educational agency that makes an  
               assignment or reassignment of an employee due to seniority  
               provisions specified in current law to report that  
               assignment or reassignment to the State Department of  
               Education (SDE).

          2)   Requires the SDE to annually aggregate the number of  








          SB 1224 (Huff)                                          Page 3  
          of ?
          
          
               assignments and reassignments reported and make that number  
               available to the public on its Web site.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office,  
               "seniority rules dictate that more senior teachers have  
               first rights to employment posts over more junior teachers.  
                When classrooms and programs are consolidated during tough  
               budget years, these newer, younger teachers are bumped  
               first.  These decisions are often only based on date of  
               hire.  This puts new teachers at a disadvantage and results  
               in a discernable degradation in the continuity of teaching,  
               negatively impacting students.  Without knowing how many  
               teachers are bumped in any given year, lawmakers are left  
               with an absence of helpful data that could be used to  
               assess how the current economic outlay, laws and  
               regulations that are being produced are affecting student  
               learning and teacher employment."

          2)   Assignments and reassignments.  School district governing  
               boards are required to make assignments and reassignments  
               whereby employees are retained based on their seniority and  
               qualifications.  However, prior to assigning or reassigning  
               a teacher to teach a subject that he or she has not  
               previously taught, and for which he or she does not have a  
               teaching credential, the employee is required to pass a  
               subject matter competency test in the appropriate subject.   
               There may be a combination of factors that lead to the  
               assignment or reassignment of staff, and it may not always  
               be based strictly on seniority.  Decisions may be based on  
               the need to fill a district's unique staffing needs.  For  
               example, if there is additional demand for a particular  
               career technical education course and there are several  
               teachers to choose from, a district may elect to choose the  
               teacher that may have taught the course previously, rather  
               than a new, less senior teacher that has never taught that  
               course.  Additionally, staff 

               may request a new assignment or to be reassigned to teach a  
               different course.  Nonetheless, these decisions are made by  
               the local school district administrators.  

          3)   What purpose would the data serve?  In requiring school  








          SB 1224 (Huff)                                          Page 4  
          of ?
          
          
               districts to report assignment and reassignment data to the  
               State Department of Education (SDE) and for SDE to make  
               this information available on its Web site, it is unclear  
               what purpose this would serve or what clear benefit it  
               would provide.  Decisions to assign or reassign may vary  
               from district to district, and again, those decisions may  
               not be solely based on seniority or date of hire and take  
               into account other factors such as the teachers'  
               credentials, specific training, and previous experience.   
               In matters of assignment and reassignment, the employees  
               are still employed; these are not situations involving  
               layoffs.          

          4)   Mandated costs.  The bill's requirements would likely  
               result in a state-reimbursable mandate imposing additional,  
               unknown costs to the state.  

          5)   Seniority deviation.  Current law allows a school district  
               to deviate from seniority if it demonstrates a specific  
               need for personnel to teach a specific course or course of  
               study, or to provide services authorized by certain  
               specialized services credentials and the retained  
               individual has the specific experience or training required  
               to meet that need or to provide those services, which  
               others with more seniority do not possess.  

          6)   Vergara v. California.  The Vergara case was filed here in  
               California by nine public school children from around the  
               state in May 2012.  The case challenges various state  
               employment provisions of the education code related to the  
               way the teacher workforce is managed, including seniority  
               and last in, first statutes, and whether they protect  
               incompetent teachers and disproportionately hurt low-income  
               and minority children.  The plaintiffs argue that these  
               laws play out in classrooms and schools in ways that  
               violate students' rights to access equal education under  
               the California constitution.  A decision was reached in  
               August 2014 with the plaintiffs prevailing.  However, the  
               decision was appealed and the state appeals court just  
               recently reversed the trial court's decision on April 14,  
               2016.  The plaintiffs have already indicated they will be  
               appealing the ruling to the Supreme Court.  

          7)   Previous legislation.








          SB 1224 (Huff)                                          Page 5  
          of ?
          
          

               SB 1185 (Huff, 2014) would have allowed school districts to  
               exempt teachers in career pathways programs from the  
               seniority-based staffing provisions in current law.  This  
               bill failed passage in this Committee.  

               SB 453 (Huff, 2013) would have authorized the governing  
               board of a school district to evaluate and assess the  
               performance of certificated employees using a  
               multiple-measures evaluation system; to make specified  
               employment decisions based on teacher performance; and  
               expand the reasons districts may deviate from the order of  
               seniority in terminating and reappointing teachers.  This  
               bill failed passage in this Committee.  

               SB 355 (Huff, 2011) proposed to authorize school districts  
               to evaluate and assess the performance of certificated  
               employees using a multiple-measures evaluation system, make  
               specified employment decisions based on teacher  
               performance, and expand the reasons districts may deviate  
               from the order of seniority in terminating and reappointing  
               teachers.  This bill failed passage in this Committee.

               SB 1285 (Steinberg, 2010) proposed various changes to the  
               procedures school districts are required to follow when  
               hiring, terminating, and reappointing teachers, including  
               criteria to deviate from seniority.  This bill was held in  
               the Assembly Rules Committee.

               SB 955 (Huff, 2010) would have made various changes to  
               statutes governing staffing notification deadlines, layoff  
               and dismissal procedures, and reemployment preferences  
               pertaining to certificated educators.  This bill was heard  
               and passed by this Committee and subsequently held by the  
               Senate Rules Committee.  

            SUPPORT
          
          None received.

            OPPOSITION
           
           California Professional Firefighters
          California Teachers Association








          SB 1224 (Huff)                                          Page 6  
          of ?
          
          

                                      -- END --