BILL ANALYSIS Ó
SB 1225
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Date of Hearing: June 22, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB
1225 (Mendoza) - As Amended May 31, 2016
SENATE VOTE: 26-10
SUBJECT: Teachers: Teacher Bill of Rights Act
SUMMARY: Requires the principal in each school to post a notice
of teachers' rights in a common area of the school's
administrative offices. Specifically, this bill:
1)Makes findings and recommendations regarding the rights of
teachers and the need to maintain stable employer-employee
relations.
2)Defines "teacher" to mean a certificated employee of a school
district.
3)Requires the principal of each school in a school district to
ensure that a conspicuous notice that is accessible to all
teachers is posted in a common area of the administrative
offices.
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4)Requires the notice to state the following:
a) Every California teacher has the right to the
following:
i) A safe and healthy school environment;
(1) A school environment that facilitates a
constructive working relationship between teachers and
administrators, as described in Section 44681 of the
Education Code;
(2) 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;
(3) 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;
(4) 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; and
(5) 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
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1102.5 of the Labor Code.
ii) A principal as a master teacher to help lead and
prepare teachers.
(1) 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.
iii) Have access to basic school supplies, a sufficient
number of books, and technology.
(1) 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.
(2) A sufficient number of textbooks or
instructional materials shall be provided within two
months of the beginning of the school year, as
required pursuant to Section 60119 of the Education
Code.
(3) 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.
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iv) Have the ability to provide input on curriculum.
(1) 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.
v) Freedom to teach what is best for pupils, including
the use of realia.
(1) 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.
vi) Adequate class sizes that allow teachers time to
focus on every pupil.
(1) 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.
vii) Competitive salaries and benefits.
(1) Teacher 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.
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viii) Access to quality professional development
opportunities.
(1) 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.
ix) Evaluations that are fair, balanced, and accurate.
(1) 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.
x) Strict adherence to due process when discipline is
sought by the principal or school district.
(1) 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.
5)States that these provisions are declaratory of existing law
and shall not be construed to establish any right not
otherwise provided for in state or federal law.
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6)Provides that 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee: "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 create
and post the notice in a common area of the school's
administrative offices could reach the mid hundreds 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 for the parts of the notice that
conflict with existing law.
COMMENTS:
Purpose of the bill. According to information provided by the
author's office, this bill "seeks to address the recruitment and
retention of teacher by establishing a Teacher Bill of Rights so
that each teacher can comfortably perform their duties of
educating the future of our state." The author's office cites
data showing a 70% drop in the number of individuals in teacher
preparation programs and a 13% attrition rate after two years of
teaching. The author's office notes that, while there is no
Teacher Bill of Rights in stature, there is a Firefighters
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Procedural Bill of Rights and a Peace Officers Procedural Bill
of Rights in the Government Code. However, it is not known how
a Teacher Bill of Rights would encourage more people to enter
and remain in the teaching profession.
Existing law. This bill states that its provisions are
declaratory of existing law and shall not be construed to
establish any new rights that are not otherwise provided in
state or federal law. Each of the "rights" that this bill
requires to be included in the notice references a specific
section of the Education Code. By doing so, the intent is to
ensure that existing law is not changed by the notice required
by this bill.
Arguments in support. Supporters cite statistics regarding the
current teacher shortage, which, they argue, is due to teachers
being underpaid and underappreciated. They state that this bill
"represents a tool to help address the teacher shortage" by
"transforming the image of the teaching profession." In
addition, existing rights "are detailed in complex statutes that
are not easily accessible to teachers," and posting a
"simplified and condensed version of a Teacher Bill of Rights"
would ensure that teachers understand and can advocate for their
rights.
Arguments in opposition. Opponents argue that the bill "assumes
ill will on the part of the administrators and educational
leaders" and will "create an adversarial environment." They
also argue that the "language is potentially harmful," and the
tone of the bill "makes the assumption that school districts and
principals do not have the best interest of their staff in
mind." They say that there are no data to support the premise
that teacher rights constitute a statewide concern. To the
contrary, "recent judicial activity has expressed concern with
the overprotectiveness of laws regarding teachers."
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REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers
California Teachers Association
Opposition
Association of California School Administrators
California Association of School Business Officials
Kern County Superintendent of Schools
Analysis Prepared by:Rick Pratt / ED. / (916)
319-2087
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