BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 955|
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THIRD READING
Bill No: SB 955
Author: Huff (R)
Amended: 4/28/10
Vote: 27 - Urgency
SENATE EDUCATION COMMITTEE : 5-4, 4/21/10
AYES: Romero, Huff, Alquist, Maldonado, Wyland
NOES: Hancock, Liu, Price, Simitian
SUBJECT : School districts: certificated staff
SOURCE : Author
DIGEST : This bill makes various changes to statutes
governing staffing notification deadlines, layoff and
dismissal procedures, and reemployment preferences
pertaining to certificated educators.
ANALYSIS :
Probationary Employees
Existing law provides that a probationary employee becomes
a permanent employee after completing two consecutive
school years in a position requiring certification. School
districts must notify probationary employees of a decision
to elect or non-elect for permanent status by March 15th of
the employee's second consecutive year of employment by the
district. During the period of probation, an employee may
be dismissed without cause.
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Layoff and Reappointment
Existing law requires districts to provide preliminary
notification of layoff by March 15th of the year prior to a
layoff and provide final notice by May 15th. Existing law
requires districts to terminate employees in the inverse of
the order in which they were employed. Districts may
deviate from the order of seniority if:
1. The district demonstrates a specific need to teach a
specific course or course of study, or to provide
services authorized by certain services credentials and
the retained individual has the specific experience or
training required to meet that need.
2. Or, for purposes of maintaining or achieving compliance
with constitutional requirements related to equal
protection of the laws.
Suspension and Dismissal
Existing law prohibits the dismissal of a teacher on
permanent status except for "cause," which includes but is
not limited to immoral or unprofessional conduct,
conviction of a felony or any crime involving moral
turpitude, unsatisfactory performance, or evident unfitness
for service.
Existing law specifies the process by which suspension and
dismissal proceedings must abide. Districts provide the
employee with notice of the intent to dismiss. In general,
the dismissal becomes effective at the end of 30 days
unless the employee demands a hearing. Additional
procedures may apply when charges are filed for
unsatisfactory performance. Under most situations,
employees who have been notified of a district's intent to
suspend or dismiss receive their full pay until a final
decision is made regarding their suspension or termination.
Existing law requires school districts to place an employee
accused of certain crimes on a compulsory leave of absence.
An employee placed on a compulsory leave of absence must
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be paid his/her regular salary during the leave period if
he or she furnishes a suitable bond or other security as a
guarantee that the employee will repay the salary if the
employee is convicted of the charges.
Existing law requires suspension and dismissal hearings to
be conducted by a Commission on Professional Competence
(CPC). Current law specifies that a CPC consists of an
individual chosen by the employee, an individual chosen by
the school district, and an administrative law judge who
serves as chair. The members of the CPC may not be
employees of the district and must have at least five years
experience (within the last 10) in the discipline of the
employee. The CPC must issue a written decision containing
findings of fact, determination of the issues, and a
disposition of the action. By law, the decision of the CPC
is deemed to be the final decision of the governing board,
although the decision may be reviewed by a court upon
request by either the employee or the school district.
This bill makes various changes to statutes governing the
non-election of probationary employees, for cause dismissal
proceedings, and the layoff and reappointment of
certificated employees:
Probationary Employees:
1. Changes the deadline for districts to notify the
employee from March 15th to May 1st, but not later than
30 days before the last school day scheduled on the
school calendar of the employee's second complete
consecutive year.
Dismissal for Cause
2. Repeals the prohibition against providing notice of a
dismissal or suspension between May 15th and September
15th in any year, thereby allowing dismissals and
suspensions to occur during the summer.
3. Deletes the four-year evidence rule pertaining to
testimony or evidence introduced in a dismissal or
suspension proceeding.
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4. Modifies the CPC process and authorizes governing boards
to establish a CPC by one of two methods:
A. Three-member Commission - Comprised of an
administrative law judge (ALJ), one member to be
selected by the governing board, and one member to be
selected by the employee. Specifies that the ALJ
serves as chair and a voting member of the Commission
and requires members selected by the governing board
and employee must hold a current, valid credential
and have at least five years' teaching or
administrative experience.
B. ALJ Commission - Consisting solely of an ALJ.
5. Requires the decision of the CPC to be advisory to the
governing board and requires the final decision
regarding the discipline of the employee to be
determined by action of the governing board of the
school district.
6. Authorizes the ALJ to recommend a suitable compensatory
remedy, including back wages and benefits if the
employee is reinstated. Specifies that an employee who
is reinstated either by the governing board or a court
of competent jurisdiction is entitled to reasonable back
wages and benefits.
7. Requires an employee who is the subject of a dismissal
proceeding and requests a hearing to be placed on
administrative leave without pay during the period of
the hearing, and allows an employee to continue to
receive his/her salary during the leave if he/she
furnishes to the school district a suitable bond, or
other security acceptable to the governing board, as a
guarantee that the employee will repay the amount of
salary so paid to him/her during the leave of absence in
case it is determined that cause exists for the
termination.
Layoff and Reappointment
8. Repeals the March 15th deadline by which districts must
provide certificated employees with preliminary
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notification of a layoff.
9. Repeals provisions establishing a process for
pre-termination due process hearings for certificated
employees.
10.Authorizes governing boards, when determining the order
of termination between employees who first rendered
service on the same date to consider distinctions based
on performance evaluations.
11.Adds conditions in which a governing board may deviate
from the order of seniority by authorizing a school
district to "skip" on the basis of:
A. Performance evaluations whereby employees with
superior evaluations are retained over those with
inferior evaluations.
B. Employees assigned to a school site that has been
selected by the governing board for exemption from
certificated reductions in force, based upon the
needs of the educational program.
12.Authorizes a governing board to exercise its discretion
in developing an evaluation process that shall apply to
the entire class that is subject to the reduction in
force.
13.Authorizes a school district, county office of
education, or a charter school to assign, reassign, and
transfer teachers and administrators based on
effectiveness and subject matter needs, without regard
to years of service.
Related and Prior Legislation
AB 2219 (Fuentes), 2009-10 Session, makes clarifying
changes to statutes that govern dismissal or suspension
proceedings. The bill is in the Assembly Education
Committee.
AB 32 X3 (Silva), 2009-10, Third Extraordinary Session,
would have required that in 2009 only, the deadline for the
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notice of termination of services be changed to June 15.
The hearing was canceled at the request of the author.
SB 1303 (Runner), Chapter 579, Statutes of 2008, specifies
that employees placed on compulsory leave who do not elect
to furnish a bond or other security acceptable to the
governing board of the district shall be compensated for
the period of leave if they are acquitted of the offense or
charges against the employee are dismissed without his/her
guilt being established. The bill passed the Senate Floor
with a vote of 23-14 on
May 15, 2008.
SB 1655 (Scott), Chapter 518, Statutes of 2006, prohibits,
among other things, the governing board of a school
district from adopting a policy or regulation, or entering
into a collective bargaining agreement that assigns
priority to a teacher who requests to be transferred to
another school over other qualified applicants who have
applied for positions requiring certification. SB 1655
provided that, if its prohibitions were in direct conflict
with the terms of a collective bargaining agreement in
effect on the date of enactment of that bill (January 1,
2007), those prohibitions would become operative for any
successor agreements. The bill passed the Senate Floor
with a vote of 33-1 on May 30, 2006.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/3/10)
California Charter Schools Association
California Hispanic Chambers of Commerce
Central City Association
City of San Joaquin
Congress of Racial Equality of California
Dameron Communications
Ed Voice
Families In Schools
Greater Los Angeles African American Chamber of Commerce
Greater Sacramento Urban League
La Habra City School District
Los Angeles County Business Federation
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Los Angeles Unified School District Development Coalition
Lowell Joint School District
Merced County Chamber of Commerce
Mexican American Business and Professional Association
Oakland Chinatown Chamber of Commerce
Orange County Business Council
Orange County Department of Education
Parent Revolution
San Diego County Office of Education
San Jose Silicon Valley Chamber of Commerce
Savanna School District
Supervisor Teri Murrison, Tuolumne County, District 3
The Education Trust-West
The First Korean American Federation of San Diego
The Latino Coalition
William D. Lynch Foundation for Children
OPPOSITION : (Verified 4/28/10)
American Federation of State, County and Municipal
Employees
California Federation of Teachers
California Labor Federation
California Professional Firefighters
California Teachers Association
ARGUMENTS IN SUPPORT : Proponents maintain that this bill
permits schools to make their own staffing decisions that
place a higher priority on teacher effectiveness. They
also argue that this bill allows governing boards to assure
that students have the very best teachers in the classroom,
not just those who have been teaching the longest.
ARGUMENTS IN OPPOSITION : Opponents contend that this
bill will eliminate due process rights of educators in
public schools. They also argue that permitting
evaluations to be used for layoffs could create a perverse
incentive to evaluate older teachers out of the workforce
without the benefit of a for-cause dismissal.
PQ:mw 5/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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