BILL ANALYSIS                                                                                                                                                                                                    Ó





          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1225 (Mendoza) - Teachers:  Teacher Bill of Rights Act
          
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          |Version: April 6, 2016          |Policy Vote: ED. 7 - 2          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 25, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          
          Bill  
          Summary:  This bill requires the principal of each school to  
          post a "teacher bill of rights" notice that describes certain  
          teacher rights and protections, as specified, in a common area  
          of the school's administrative offices and in each classroom.


          Fiscal  
          Impact:  
           Mandate costs: Unknown, potentially significant reimbursable  
            state mandate costs to the extent the Commission on State  
            Mandates determined this bill to impose a higher level of  
            service upon school districts.  Costs for each school to post  
            the notice in every classroom and in a common area of the  
            school's administrative offices could reach the mid hundreds  








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            of thousands.  Ongoing costs to maintain compliance would be  
            less as long as laws referenced in the notice do not change.   
            To the extent these costs are determined to be reimbursable,  
            it could create pressure to increase the K-12 mandate block  
            grant.  (Proposition 98)

           Cost pressures: Unknown, potentially significant cost  
            pressures to provide funding for new rights that could be  
            construed to be established by this bill to the extent the  
            notice conflicts with existing law.  See staff comments.


          Background:  Existing law specifies numerous rights and protections for  
          teachers employed by school districts, including the following:

          1)   Requirement for the State Board of Education, at the  
               request of the Superintendent of Public Instruction, to  
               adopt policies directed toward creating a school  
               environment in grades K-12 that is free from discriminatory  
               attitudes and practices and acts of hate violence.   
               (Education Code § 233)

          2)   Provision that allows criteria for effective school  
               principal evaluations to be based upon the California  
               Professional Standards for Educational Leaders, which  
               identifies a school administrator as being an educational  
               leader who promotes the success of all pupils through  
               leadership that fosters specified criteria, including a  
               shared vision, effective teaching and learning, and  
               management and safety.  (Education Code § 44671)

          3)   Provision that allows the governing board of a school  
               district to include relevant technology-based materials  
               when adopting instructional materials. 
               (Education Code § 60052)

          4)   Provisions regarding collective bargaining, as specified. 
               (Chapter 10.7 of Division 4 of Title 1 of the Government  
          Code)

          5)   Provisions regarding discipline and due process.  
               (Chapter 4 of Part 25 of Division 3 of Title 2 of the  
               Education Code)

          According to the author's office, this bill seeks to address the  







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          recruitment and retention of teachers by establishing a Teacher  
          Bill of Rights so that each teacher can comfortably perform  
          their duties.  The author's office indicates that there exists  
          in current law a Firefighters Procedural Bill of Rights and the  
          Peace Officers Procedural Bill of Rights.




          Proposed Law:  
            This bill requires the principal of each school in a school  
          district to ensure that a conspicuous notice, as specified, that  
          is accessible to all teachers is posted in a common area of the  
          administrative offices and in each classroom.
          This bill codifies the text to be included on each notice,  
          enumerating various rights of teachers and applicable code  
          references.  The notice declares that teachers have rights in  
          the following ten categories:


             1.   A safe and healthy school environment


             2.   A principal as a master teacher to help lead and prepare  
               teachers


             3.   Have access to basic school supplies, a sufficient  
               number of books, and technology


             4.   Have the ability to provide input on curriculum


             5.   Freedom to teach what is best for students, including  
               the use of realia


             6.   Adequate class sizes that allow teachers time to focus  
               on every student


             7.   Competitive salaries and benefits









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             8.   Access to quality professional development opportunities


             9.   Evaluations that are fair, balanced, and accurate


             10.  Strict adherence to due process when discipline is  
               sought by the principal or school district 




          Staff  
          Comments:  This bill contains a provision stating that it is  
          declaratory of existing law and that nothing shall be construed  
          as to establish any right not otherwise provided for in state of  
          federal law.  However, to the extent the text of the notice  
          conflicts with the actual provisions of existing law, it is  
          unclear whether a new "right" could actually be construed to be  
          established by this bill.  For example, regarding the right to  
          having a sufficient number of textbooks be provided within two  
          months of the beginning of the year, this provision in current  
          law is a requirement that is a condition of receiving funds  
          which no longer exist.  Therefore, it is unclear whether a new  
          right is established in this instance, or whether a cost  
          pressure is created to provide funding to comply with this  
          requirement because it is included in Teacher Bill of Rights. 

          In addition, the categories related to adequate class sizes and  
          competitive salaries and benefits are subjective and do not  
          mirror existing law.  These category titles could create  
          pressure to provide funding to make sure all class sizes are  
          "adequate" and all teachers have "competitive" compensation.   
          Whereas current law related to these categories are much  
          narrower in that class size requirements only apply to  
          kindergarten through first grade and competitive salaries and  
          benefits are subject to local collective bargaining  
          requirements.


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