CSBA legislation would reform teacher dismissals
Correa carries SB 843 to protect students
Published: March 1, 2014
CSBA and California State Sen. Lou Correa, D-Santa Ana, have introduced legislation to better protect California’s students by reforming the teacher dismissal process, streamlining procedures for cases involving teacher conduct that could jeopardize student safety and making it more efficient and less expensive while maintaining fairness and due process for teachers.
“CSBA is proud to sponsor this bill to ensure that California’s students are protected, and that any teachers posing a direct threat to student safety are removed from the classroom in a fair and judicious manner,” said Vernon M. Billy, executive director & CEO at CSBA. “Let me be clear, SB 843 is not an anti-teacher bill, but a pro-student safety measure that we hope the Legislature will embrace.”
Last year, CSBA successfully worked to have Assembly Bill 375 vetoed, as it would have made it more difficult to remove a teacher who posed a threat to student safety. Gov. Jerry Brown's veto message called AB 375 “an imperfect solution” and encouraged the Legislature “to continue working with stakeholders to identify changes that are balanced and reduce procedural complexities.”
“The governor challenged us to develop a balanced and fair solution that best protects children from serious immoral misconduct. I believe that we have done just that with this bill,” said Correa.
Other organizations supporting SB 843 include Crime Victims United of California and the Child Abuse Prevention Center.
Details are at www.csba.org/sb843. Key provisions include:
- Allegations of serious and egregious conduct such as child abuse, sexual abuse, and other serious and violent felonies, as well as severe misconduct such as immoral conduct and dishonesty, would be heard by an administrative law judge. This change would enable the most serious charges to be heard only by a judge who is more experienced in dealing with facts and the laws covering serious misconduct cases, instead of a panel that includes appointed teachers and administrators.
- Would add being criminally charged with a violent or serious felony to the list of conduct for which a school district could place a certificated employee on mandatory leave. This would increase the district’s ability to remove individuals accused of serious misconduct from the classroom.
- Would establish that the matter shall be submitted for decision within 12 months of the employee’s demand for a hearing, unless the time period is extended by the judge for good cause. This new provision would address the issue of hearings taking up to two years to complete.
- Would eliminate the prohibition on testimony or introduction of evidence on matters more than four years old for charges of serious and egregious conduct. Would permit testimony and introduction of evidence for all charges regardless of when the matter occurred for the purposes of rebuttal, the impeachment of witnesses, and to show notice was given. This provision would assist districts in proving charges that may be rooted in prior misconduct more than four years old, and would keep witnesses from violating their sworn oath to tell the truth.
- Would expand the eligibility to serve on the Commission on Professional Competence by reducing from five to three years the teaching experience necessary to serve on the panel. The potential pool of panel members would be increased by redefining serving in the same “discipline” as the employee charged to serving in the same level (either elementary or secondary). This would assist both sides in finding eligible panel members for charges, such as unprofessional conduct and unsatisfactory performance, which would be subject to peer review.
“We stand in support of SB 843 because it aims to better protect our children by working to ensure that any teacher jeopardizing student safety is effectively removed so they can no longer prey on innocent victims,” said Harriet C. Salarno, chair of Crime Victims United of California.
“CSBA is proud to work with Senator Correa and looks forward to working together to see this through to Governor Brown’s signature. California’s 6 million students deserve to be safe in their classroom,” said CSBA President Josephine “Jo” Lucey.