Amended in Senate April 6, 2016

Senate Bill No. 1225

Introduced by Senator Mendoza

February 18, 2016

An act to begin delete amend Section 44955 of end delete begin insert add Chapter 3.8 (commencing with Section 44789) to Part 25 of Division 3 of Title 2 of end insert the Education Code, relating to begin delete school employees. end delete begin insert teachers. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1225, as amended, Mendoza. begin delete School employees: reduction in work force. end delete begin insert Teachers: Teacher Bill of Rights Act. end insert

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Existing law specifies numerous rights and protections for teachers employed by school districts.

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This bill would require the principal of each school in a school district to ensure that a conspicuous notice that describes certain teacher rights and protections and that is accessible to all teachers is posted in a common area of the administrative offices and in each classroom. By imposing additional duties on school district officials, the bill would impose a state-mandated local program. The bill would provide that its provisions are declaratory of existing law and that they shall not be construed as to establish any right not otherwise provided for under state or federal law.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons.

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This bill would make various nonsubstantive, clarifying changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Chapter 3.8 (commencing with Section 44789)
is added to Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert begin insert ,
to read: end insert

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Chapter   begin insert 3.8. end insert Teacher Bill of Rights

 

begin insert 44789. end insert   

This chapter shall be known, and may be cited, as the
Teacher Bill of Rights Act.

begin insert 44789.1. end insert   

The Legislature finds and declares all of the
following:

(a) The rights and protections provided to teachers under state
law constitute a matter of statewide concern.

(b) Effective teaching depends upon the maintenance of stable
employer-employee relations and stable relations among teachers,
colleagues, and pupils.

(c) In order to assure that stable relations are continued
throughout the state and to further ensure that effective services
are provided to all pupils throughout the state, it is necessary that
this chapter apply to all teachers, wherever situated, within the
state.

begin insert 44789.2. end insert   

For purposes of this chapter, “teacher” means a
certificated employee of a school district.

begin insert 44789.3. end insert   

The principal of each school in a school district shall
ensure that a conspicuous notice, as specified in Section 44789.4,
that is accessible to all teachers is posted in a common area of the
administrative offices and in each classroom.

begin insert 44789.4. end insert   

(a) The first line of the notice required pursuant to
Section 44789.3 shall include only the words “Every California
teacher has the right to the following.”

(b) Under the first line of the notice there shall be the following
10 bulleted categories:

(1) “A safe and healthy school environment,” which shall
include the following five additional bulleted notifications under
it:

(A) “A school environment that facilitates a constructive
working relationship between teachers and administrators, as
described in Section 44681 of the Education Code.”

(B) “A school environment that is free from discriminatory
attitudes and practices and acts of hate violence, as described in
Section 233 of the Education Code.”

(C) “A school environment that promotes overall cleanliness
on school grounds, buildings, common areas, and individual rooms,
as described in Section 17002 of the Education Code.”

(D) “No parent, guardian, nor other person shall disrupt
classwork or extracurricular activities where a school employee
is required to be in the course of his or her duties, as prohibited
pursuant to Section 44811 of the Education Code.”

(E) “If a teacher’s rights are not being met, a teacher may safely
disclose this information to a government or law enforcement
agency without fear of repercussion, as provided for pursuant to
Section 1102.5 of the Labor Code.”

(2) “A principal as a master teacher to help lead and prepare
teachers,” which shall include the following bulleted notification
under it:

“A principal who provides leadership that fosters effective
teaching and learning and also advocates for practices to improve
instructional strategies, as described in Section 44671 of the
Education Code.”

(3) “Have access to basic school supplies, a sufficient number
of books, and technology,” which shall include the following
bulleted notifications under it:

(A) “The governing board of a school district shall provide for
the payment of the actual and necessary expenses, including
traveling expenses, of any employee of the school district incurred
in the course of performing services for the school district, as
required pursuant to Section 44032 of the Education Code.”

(B) “A sufficient number of textbooks or instructional materials
shall be provided within two months of the beginning of the year,
as required pursuant to Section 60119 of the Education Code.”

(C) “The governing board of a school district may include
relevant technology-based materials when adopting instructional
materials, as authorized pursuant to Section 60052 of the
Education Code.”

(4) “Have the ability to provide input on curriculum,” which
shall include the following bulleted notification under it:

“Teachers shall play integral role in the development and
modification of academic content standards, as specified for in
Sections 60605.4, 60605.8, and 60605.11. of the Education Code.”

(5) “Freedom to teach what is best for pupils, including the use
of realia,” which shall include the following bulleted notification
under it:

The governing board of a school district shall allow for
substantial teacher involvement during the selection of
instructional materials, as required pursuant to Section 60002 of
the Education Code.”

(6) “Adequate class sizes that allow teachers time to focus on
every pupil,” which shall include the following bulleted notification
under it:

Each school district shall ensure that it is meeting its class size
requirements at each schoolsite, as specified in Section 42238.02
of the Education Code.”

(7) “Competitive salaries and benefits,” which shall include
the following bulleted notification under it:

“Teachers have the right to collectively bargain, as provided
for in Chapter 10.7 (commencing with Section 3540) of Division
4 of Title 1 of the Government Code.”

(8) “Access to quality professional development opportunities,”
which shall include the following bulleted notification under it:

“Teachers shall be made aware of quality professional
development opportunities, as described in Article 3.1
(commencing with Section 44470) of Chapter 3 of Part 25 of
Division 3 of Title 2 of the Education Code.”

(9) “Evaluations that are fair, balanced, and accurate,” which
shall include the following notification under it:

In the development and adoption of guidelines and procedures
for teacher evaluations, the governing board of the school district
shall avail itself of the advice of the certificated instructional
personnel in the school district’s organization of certificated
personnel, as required by Section 44661.5 of the Education Code.”

(10) “Strict adherence to due process when discipline is sought
by the principal or school district,” which shall include the
following bulleted notification under it:

“Teachers shall be given due process when being disciplined
by the principal or school district, as required pursuant to Article
3 (commencing with Section 44930) of Chapter 4 of Part 25 of
Division 3 of Title 2 of the Education Code.”

begin insert 44789.5. end insert   

This chapter is declaratory of existing law. Nothing
in this chapter shall be construed as to establish any right not
otherwise provided for in state or federal law.

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begin insert SEC. 2. end insert   

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If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 44955 of the Education Code is amended
to read:

44955.  

(a) A permanent employee shall not be deprived of his
or her position for causes other than those specified in Sections
44907 and 44923, and Sections 44932 to 44947, inclusive, and a
probationary employee shall not be deprived of his or her position
for cause other than as specified in Sections 44948 to 44949,
inclusive.

(b) (1) If in a school year the average daily attendance in all of
the schools of a school district for the first six months that school
is in session shall have declined below the corresponding period
of either of the previous two school years, if the governing board
of a school district determines that attendance in a school district
will decline in the following year as a result of the termination of
an interdistrict tuition agreement as described in Section 46304,
if a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or if the
amendment of state law requires the modification of curriculum,
and if the governing board of the school district determines it
necessary by reason of any of these conditions to decrease the
number of permanent employees in the school district, the
governing board of a school district may terminate the services of
not more than a corresponding percentage of the certificated
employees of the school district, permanent as well as probationary,
at the close of the school year. Except as otherwise provided by
statute, the services of a permanent employee shall not be
terminated under this section while a probationary employee, or
any other employee with less seniority, is retained to render a
service that the permanent employee is certificated and competent
to render.

(2) In computing a decline in average daily attendance for
purposes of this subdivision for a newly formed or reorganized
school district, each school of the school district shall be deemed
to have been a school of the newly formed or reorganized school
district for both of the two previous school years.

(3) As between employees who first rendered paid service to
the school district on the same date, the governing board of the
school district shall determine the order of termination solely on
the basis of needs of the school district and the pupils of the school
district. Upon the request of an employee whose order of
termination is so determined, the governing board of the school
district shall furnish in writing, no later than five days before the
commencement of the hearing held in accordance with Section
44949, a statement of the specific criteria used in determining the
order of termination and the application of the criteria in ranking
each employee relative to the other employees in the group. The
requirement that the governing board of the school district provide,
on request, a written statement of reasons for determining the order
of termination shall not be interpreted to give affected employees
any legal right or interest that would not exist without the
requirement.

(c) (1) Notice of the termination of services shall be given
before May 15 pursuant to Section 44949, and services of those
employees shall be terminated in the inverse of the order in which
they were employed, as determined by the governing board of the
school district in accordance with the provisions of Sections 44844
and 44845. If a permanent or probationary employee is not given
the notices and a right to a hearing as provided for in Section
44949, he or she shall be deemed reemployed for the ensuing
school year.

(2) The governing board of the school district shall make
assignments and reassignments in a manner that employees shall
be retained to render any service their seniority and qualifications
entitle them to render. However, before assigning or reassigning
a certificated employee to teach a subject that he or she has not
previously taught, and for which he or she does not have a teaching
credential or that is not within the employee’s major area of
postsecondary study or the equivalent thereof, the governing board
of the school district shall require the employee to pass a subject
matter competency test in the appropriate subject.

(d) Notwithstanding subdivision (b), a school district may
deviate from terminating a certificated employee in order of
seniority for either of the following reasons:

(1) The school district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services
that others with more seniority do not possess.

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

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