BILL ANALYSIS                                                                                                                                                                                                    





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          GOVERNOR'S VETO
          AB 1 (Monning)
          As Introduced  December 1, 2008
          2/3 vote 

           EDUCATION      7-3                                          

           
           ----------------------------------------------------------------- 
          |Ayes:|Brownley, Ammiano,        |     |                          |
          |     |Arambula, Buchanan,       |     |                          |
          |     |Carter, Eng, Torlakson    |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Nestande, Garrick, Miller |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           
          ASSEMBLY:      51-28     (April 13, 2009)    SENATE:   26-13  
          (August 24, 2009)

          SUMMARY  :   Authorizes an individual program of professional  
          growth for teachers to include courses in negotiation, mediation  
          and conflict resolution.  Specifically,  this bill  :  

          1)Authorizes an individual program of professional growth to  
            include courses in negotiation, mediation and conflict  
            resolution, including peer mediation training and the theory  
            and practice of nonviolence.  

          2)Specifies courses may include the following components:

             a)   Basic negotiation skills;

             b)   Communication skills, including cross-cultural  
               communication;

             c)   Basic mediation and peer mediation training; and,

             d)   Theory and practice of nonviolence and peace building.











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          3)Specifies a teacher who elects to pursue a course in  
            negotiation, mediation and conflict resolution, may introduce  
            appropriate conflict resolution skills to pupils through  
            classroom instruction, including, but not limited to, the core  
            curriculum areas of reading, writing, mathematics,  
            history/social science, and science.                        

           FISCAL EFFECT  :   This bill is keyed non-fiscal.

           COMMENTS  :  As of January 1, 2007, professional growth  
          requirements for the renewal of teacher credentials were no  
          longer required.  SB 1209 (Scott), Chapter 517, Statutes of  
          2006, repealed the requirement for teachers to participate in  
          150 hours of professional growth.  Instead, statute was enacted  
          expressing the Legislature's intent to encourage teachers to  
          engage in programs of professional growth to extend their  
          content knowledge and teaching skill.

          As a result, teachers have the option to participate and enroll  
          on their own time in professional growth programs as a method  
          for improving their teaching skills and enhancing their  
          classroom environment.  Professional growth programs consist of  
          activities that are aligned with the California Standards for  
          the Teaching Profession (CSTP).  This bill authorizes coursework  
          in conflict resolution to be part of a program of professional  
          growth.  

          The existing program standards for both multiple and single  
          subject teacher preparation programs currently include a  
          requirement in Standard #10 for teacher candidates to have  
          "opportunities to learn and practice effective strategies and  
          techniques for crisis prevention, conflict management, and  
          resolution in ways that contribute to respectful, effective  
          learning environments, including recognizing and defusing  
          situations that may lead to student conflict or violence."  This  
          means all teachers trained since the initial adoption of these  
          standards in 2001, have had some training in conflict management  
          and resolution while existing teachers may not have had this  
          training in their teacher preparation program.  Therefore under  
          this bill, both new teachers and experienced teachers would be  
          able to further explore their knowledge through their individual  










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          professional growth program.  In addition, the proposed  
          coursework in conflict resolution also addresses several of the  
          California Standards for the Teaching Profession and could  
          complement existing teaching practices for those teachers who  
          choose to pursue coursework in this area, and in the future  
          could be included in existing curriculum taught to students. 

          This bill authorizes programs of professional growth to include  
          courses in negotiation, mediation and conflict resolution, and  
          highlights the importance for teachers to consider pursuing  
          coursework in this area.  It is unclear; however, whether  
          legislation is necessary to achieve the outcome the author is  
          interested in seeing, since programs of professional growth are  
          voluntary.

          According to the author, conflict resolution represents a range  
          of processes that can be employed to reduce or eliminate  
          conflict or to take advantage of a mutual opportunity.  Conflict  
          resolution processes include negotiation, basic and peer  
          mediation, arbitration, and diplomacy.  Today's teachers often  
          find themselves confronting societal pressures and stresses  
          manifested in the classroom.  Diversity in student population,  
          conflict at home, and bullying by peers represent examples of  
          conflict that directly or indirectly confront teachers.   
          Additionally, students face an array of conflict and  
          negotiations in virtually all of life's arenas:  home, school,  
          employment, social groupings, etc.  Providing teachers with  
          enhanced skills to address conflict in the classroom or on the  
          schoolyard as well as providing the tools for the introduction  
          of negotiation and mediation skills to students through already  
          established curriculum will inure to the safety of our schools  
          as well as to the promotion of a culture of principled conflict  
          resolution practice.

          What Other States are Doing.  Other states, such as Ohio, have  
          implemented statewide dispute resolution and conflict management  
          programs that provide resources and training to Ohio schools.   
          North Carolina requires teacher training programs to include  
          coursework in management of student behavior and effective  
          communication techniques for defusing and deescalating  
          disruptive or dangerous behavior.  Some North Carolina schools  










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          have resource coordinators that research and select conflict  
          resolution educational programs to incorporate into existing  
          curriculum for students at the school.  Illinois requires  
          schools to provide instruction in violence prevention and  
          conflict resolution to students in grades 4 through 12.

          Related legislation:  SB 1209 (Scott), Chapter 517, Statutes of  
          2006, repealed the requirement for teachers to participate in  
          150 hours of professional growth as a condition of credential  
          renewal.  


           GOVERNOR'S VETO MESSAGE  :

          "While I understand the importance of negotiation and conflict  
          resolution skills, this bill is unnecessary since nothing under  
          current law prohibits districts from offering these courses as  
          part of their professional development programs."
          

          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087 


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