Bill Text: CA SB1225 | 2015-2016 | Regular Session | Amended
Bill Title: Teachers: Teacher Bill of Rights Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB1225 Detail]
Download: California-2015-SB1225-Amended.html
BILL NUMBER: SB 1225 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Mendoza
FEBRUARY 18, 2016
An act to add Chapter 3.8 (commencing with Section 44789) to Part
25 of Division 3 of Title 2 of the Education Code, relating to
teachers.
LEGISLATIVE COUNSEL'S DIGEST
SB 1225, as amended, Mendoza. 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
notice, which describes certain teacher rights and
protections and protections, that is
accessible to all teachers is posted in a common area of the
administrative offices and in each classroom.
offices. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 ensure 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.
offices.
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."
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
school 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.
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
"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
"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
"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.
