California Senate Bill SB1225 Amended / Bill

 BILL NUMBER: SB 1225AMENDED BILL TEXT AMENDED IN SENATE APRIL 6, 2016 INTRODUCED BY Senator Mendoza FEBRUARY 18, 2016 An act to  amend Section 44955 of   add Chapter 3.8 (commencing with Section 44789) to Part 25 of Division 3 of Title 2 of  the Education Code, relating to  school employees.   teachers.  LEGISLATIVE COUNSEL'S DIGEST SB 1225, as amended, Mendoza.  School employees: reduction in work force.   Teachers: Teacher Bill of Rights Act.   Existing law specifies numerous rights and protections for teachers employed by school districts.   This bill would require the principal of each school in a school district to ensure that a conspicuous notice that describes certain teacher rights and protections and that is accessible to all teachers is posted in a common area of the administrative offices and in each classroom. By imposing additional duties on school district officials, the bill would impose a state-mandated local program. The bill would provide that its provisions are declaratory of existing law and that they shall not be construed as to establish any right not otherwise provided for under state or federal law.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons.   This bill would make various nonsubstantive, clarifying changes to those provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Chapter 3.8 (commencing with Section 44789) is added to Part 25 of Division 3 of Title 2 of the   Education Code   , to read:   CHAPTER 3.8. TEACHER BILL OF RIGHTS 44789. This chapter shall be known, and may be cited, as the Teacher Bill of Rights Act. 44789.1. The Legislature finds and declares all of the following: (a) The rights and protections provided to teachers under state law constitute a matter of statewide concern. (b) Effective teaching depends upon the maintenance of stable employer-employee relations and stable relations among teachers, colleagues, and pupils. (c) In order to assure that stable relations are continued throughout the state and to further ensure that effective services are provided to all pupils throughout the state, it is necessary that this chapter apply to all teachers, wherever situated, within the state. 44789.2. For purposes of this chapter, "teacher" means a certificated employee of a school district. 44789.3. The principal of each school in a school district shall ensure that a conspicuous notice, as specified in Section 44789.4, that is accessible to all teachers is posted in a common area of the administrative offices and in each classroom. 44789.4. (a) The first line of the notice required pursuant to Section 44789.3 shall include only the words "Every California teacher has the right to the following." (b) Under the first line of the notice there shall be the following 10 bulleted categories: (1) "A safe and healthy school environment," which shall include the following five additional bulleted notifications under it: (A) "A school environment that facilitates a constructive working relationship between teachers and administrators, as described in Section 44681 of the Education Code." (B) "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." (C) "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." (D) "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." (E) "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 1102.5 of the Labor Code." (2) "A principal as a master teacher to help lead and prepare teachers," which shall include the following bulleted notification under it: "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." (3) "Have access to basic school supplies, a sufficient number of books, and technology," which shall include the following bulleted notifications under it: (A) "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." (B) "A sufficient number of textbooks or instructional materials shall be provided within two months of the beginning of the year, as required pursuant to Section 60119 of the Education Code." (C) "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." (4) "Have the ability to provide input on curriculum," which shall include the following bulleted notification under it: "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." (5) "Freedom to teach what is best for pupils, including the use of realia," which shall include the following bulleted notification under it: 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." (6) "Adequate class sizes that allow teachers time to focus on every pupil," which shall include the following bulleted notification under it: 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." (7) "Competitive salaries and benefits," which shall include the following bulleted notification under it: "Teachers 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." (8) "Access to quality professional development opportunities," which shall include the following bulleted notification under it: "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." (9) "Evaluations that are fair, balanced, and accurate," which shall include the following notification under it: 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." (10) "Strict adherence to due process when discipline is sought by the principal or school district," which shall include the following bulleted notification under it: "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." 44789.5. This chapter is declaratory of existing law. Nothing in this chapter shall be construed as to establish any right not otherwise provided for in state or federal law.   SEC. 2.   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.   SECTION 1.   Section 44955 of the Education Code is amended to read: 44955. (a) A permanent employee shall not be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and a probationary employee shall not be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive. (b) (1) If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of a school district determines that attendance in a school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of a school district may terminate the services of not more than a corresponding percentage of the certificated employees of the school district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of a permanent employee shall not be terminated under this section while a probationary employee, or any other employee with less seniority, is retained to render a service that the permanent employee is certificated and competent to render. (2) In computing a decline in average daily attendance for purposes of this subdivision for a newly formed or reorganized school district, each school of the school district shall be deemed to have been a school of the newly formed or reorganized school district for both of the two previous school years. (3) As between employees who first rendered paid service to the school district on the same date, the governing board of the school district shall determine the order of termination solely on the basis of needs of the school district and the pupils of the school district. Upon the request of an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing, no later than five days before the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. The requirement that the governing board of the school district provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without the requirement. (c) (1) Notice of the termination of services shall be given before May 15 pursuant to Section 44949, and services of those employees shall be terminated in the inverse of the order in which they were employed, as determined by the governing board of the school district in accordance with the provisions of Sections 44844 and 44845. If a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year. (2) The governing board of the school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority and qualifications entitle them to render. However, before assigning or reassigning a certificated employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employee's major area of postsecondary study or the equivalent thereof, the governing board of the school district shall require the employee to pass a subject matter competency test in the appropriate subject. (d) Notwithstanding subdivision (b), a school district may deviate from terminating a certificated employee in order of seniority for either of the following reasons: (1) The school district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services that others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.