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SB955, Governor-Backed Bill Proposes Major Changes, Teacher Layoffs Republican Bill Proposes Major Changes in Teacher Seniority, Layoffs and Dismissal Governor Arnold Schwarzenegger launched a push on Tuesday in support of a Republican bill containing a variety of changes in state education code that would have a major impact on relations between school districts and bargaining units representing teachers. Last week, Sen. Bob Huff (R-Diamond Bar) introduced a new version of his bill SB 955, which contains some sweeping changes. Among them: --Moving the deadline for notification of non re-election of probationary employment of teachers (with less than two full years of service) from March 15 to June 15. --Changes to dismissal procedures for teachers who have permanent status. The current prohibition on issuing a notice of dismissal or suspension between May 15 and September 15 would be dropped. --In addition, governing boards could use one of two methods in pursuing dismissal. The governing board could have a three-member Commission on Professional Competence evaluate the case -- with one member being picked by the employees, one member being picked by the governing board, and the third member being an administrative law judge (ALJ). Alternately, the governing board could have the case heard by an ALJ alone. In either case, the decision of the three-member commission or the ALJ would be advisory; the final decision would rest with the governing board. --Changes that would allow the governing board to determine the order of termination based on “needs of the district and the pupils. . . including distinctions based upon performance evaluations.” The governing board could also skip an entire school site when doing layoffs, if the governing board feels this is necessary to support the program at that school. --Changes in the rights of teachers who have been laid off. The bill would eliminate the right of laid off teachers to per diem pay as substitutes that are equal to their former salary. The bill would also allow districts to reappoint laid off teachers based on the needs of the district (rather than based on the teacher’s seniority). --Adds a section to education code allowing districts to assign, reassign and transfer teachers and administrators based on effectiveness and the district’s needs, rather than linking those transfers to seniority. At a press conference in Los Angeles on Tuesday -- flanked by representatives from the Urban League, the NAACP, State Sen. Gloria Romero (D-East Los Angeles) and parents from Watts and other urban Los Angeles neighborhoods, the Governor maintained that Huff’s legislation addresses a civil rights issue. “I'm here to stand up for the civil rights of students and their families who are being denied a great education just because of bad policy here in our state, a state law that I am committed to change,” the Governor said. “Decades of research has shown that nothing is more crucial and important than a great teacher for great education and for educating our kids, yet current law takes away the flexibility that school districts have and need to provide every child with a great education and with a great teacher. It tells them that even if a teacher is effective and even if a teacher is fantastic and is an award-winning teacher and is loved by students, none of that matters when it comes to layoffs. When layoffs are made the only thing that matters is seniority, which means how long a teacher has been working and that is inexcusable.” The California Teachers Association quickly responded with a statement blasting the Huff legislation and the Governor’s statements. David A. Sanchez, president of the 325,000-member California Teachers Association, said “Once again, as he did in 2005, Gov. Arnold Schwarzenegger is backing destructive education proposals that will hurt teachers and students and do nothing to improve teaching and learning in our classrooms or to solve the budget crisis facing local schools. The governor, Huff and other lawmakers are scapegoating teachers during these tough economic times and robbing them of due process rights. The governor’s promises to support public education are as empty as school districts’ coffers depleted by his $17 billion in state education funding cuts over the last two years. Sanchez described the Huff bill as “outrageous legislation that will make it harder to attract and retain quality teachers in our classrooms, and open the door for discrimination and favoritism by local school districts, while at the same time eliminating a teacher’s right to a hearing before being laid off. Taking experienced teachers out of our schools is not the best way to help students or improve learning.” Sanchez added “With class sizes nearly doubling in some grades, over 16,000 educators laid off last year, another 26,000 receiving pink slips this year, and critical student programs disappearing, the Governor is pushing legislation that won't save the state one dime or do anything to improve student learning.” Capitol sources indicate that a second bill could be introduced this week by San Fernando Valley area Assemblyman Felipe Fuentes (D-Sylmar). These sources indicate that the Fuentes bill could include: --Changing the probationary period for new teachers from two years to four years. --Moving the layoff notification date from March 15 to June 15. --Deleting several education code provisions relating to the role of a Commission on Professional Competence when the district wants to dismiss or suspend a teacher, relying instead on an Administrative Law Judge (ALJ). --Making performance evaluations a criteria for dismissal or suspension, and giving governing boards the power to consider if “displacement of certificated staff at (a) low performing school may place its additional program at risk” when considering layoffs, dismissals, or suspensions. The situation could trigger something of a replay of last summer, when Governor Schwarzenegger pushed hard for legislation that he said would aid California’s application for federal Race to the Top funding, and several Los Angeles area civil rights leaders and Latino legislators (including Sen. Gloria Romero, D-East Los Angeles) joined in that effort. Sen. Romero’s legislation on this topic was ultimately pushed through and signed by the Governor. However, only about half of California’s school districts (and less than a quarter of local bargaining units representing California teachers) signed the Memorandum of Understanding that indicated participation in the Race to the Top process. California ultimately got no money in the first round of Race to the Top funding, and evaluators who ranked the various states’ applications indicated that the low participation rate by California school districts and bargaining units was a factor in that decision. It can safely be predicted that labor groups, including the California Teachers Association, will oppose Sen. Huff’s SB 955, and will likely oppose a similarly-worded Democratic bill (if introduced) as well. It remains to be seen whether a combination of Republicans and Latino Democrats from Southern California can push such changes through and send the bill to Governor regardless. As the battle is joined on this issue, Sacramento may be the scene of intense lobbying and tense legislative hearings during the months ahead. Editor’s Note: Jeff Hudson is the editor of EdBrief and an award-winning education reporter and writer in print, radio and television media. |
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