BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1225 (Mendoza) - Teachers: Teacher Bill of Rights Act ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 6, 2016 |Policy Vote: ED. 7 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 SB 1225 (Mendoza) Page 1 of ? 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 SB 1225 (Mendoza) Page 2 of ? 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 SB 1225 (Mendoza) Page 3 of ? 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. -- END -- SB 1225 (Mendoza) Page 4 of ?