Amended in Senate May 31, 2016

Amended in Senate April 6, 2016

Senate Bill No. 1225

Introduced by Senator Mendoza

February 18, 2016

An act to add Chapter 3.8 (commencing with Section 44789) to Part 25 of Division 3 of Title 2 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1225, as amended, Mendoza. Teachers: Teacher Bill of Rights Act.

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

This bill would require the principal of each school in a school district to ensure that a conspicuous begin delete notice that end delete begin insert notice, which end insert describes certain teacher rights and begin delete protections and end delete begin insert protections, end insert that is accessible to all teachers is posted in a common area of the administrative begin delete offices and in each classroom. end delete begin insert offices. end insert 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 begin delete as end delete to establish any right not otherwise provided for under state or federal law.

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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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

 

Chapter  3.8. Teacher Bill of Rights

 

44789.  

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

44789.1.  

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 begin delete assure end delete begin insert ensure end insert 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.

44789.2.  

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

44789.3.  

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 begin delete offices and in each classroom. end delete begin insert offices. end insert

44789.4.  

(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 begin delete following.” end delete begin insert following:” end insert

(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 begin insert school end insert
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 begin delete 60605.11. end delete begin insert 60605.11 end insert 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:

begin delete

The

end delete

begin insert “The end insert 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:

begin delete

Each

end delete

begin insert “Each end insert 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:

begin delete

In

end delete

begin insert “In end insert 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.”

44789.5.  

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

SEC. 2.  

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.