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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