Senator Correa Introduces CSBA Sponsored Bill to Protect Students by Reforming Teacher Dismissal Process
SACRAMENTO, Calif. – California State Senator
Lou Correa (D-Santa Ana) today announced legislation sponsored by the California School Boards Association (CSBA) to better protect California’s students by reforming the teacher dismissal process. Senate Bill (SB) 843 streamlines the process for cases involving teacher conduct that could jeopardize student safety. SB 843 would make 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.”
“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 Lou Correa (D-Santa Ana).
Last year, CSBA successfully worked to have Assembly Bill (AB) 375 vetoed as it would have made it more difficult to remove a teacher who posed a threat to student safety. When Governor Brown vetoed the bill, he wrote that AB 375 was “an imperfect solution” and encouraged “the Legislature to continue working with stakeholders to identify changes that are balanced and reduce procedural complexities.”
Senator Correa and CSBA answered the Governor’s directive to create a bill that simplifies the teacher dismissal process. Other organizations supporting SB 843 include Crime Victims United of California and the Child Abuse Prevention Center.
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, will be heard by an administrative law judge (ALJ). This change enables the most serious charges to be heard only by a judge who is more experienced in dealing with facts and the law of serious misconduct cases, instead of a panel that includes appointed teachers and administrators.
- Adds being criminally charged with a violent or serious felony to the list of conduct that a school district may place a certificated employee on mandatory leave. This increases the district’s ability to remove individuals accused of serious misconduct from the classroom.
- Establishes that the matter shall be submitted for decision within 12 months of the employee’s demand for hearing, unless the time period is extended by the ALJ for good cause. This new provision addresses the issue of hearings taking up to 2 years to complete.
- Eliminates the prohibition on the testimony or introduction of evidence on matters more than four years old for charges of serious and egregious conduct. Permits the 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 will assist districts in proving the charges that may be rooted in prior misconduct more than four years old, as well as to keep witnesses from violating their sworn oath to tell the truth.
- Expands the eligibility to serve on the Commission on Professional Competence (CPC) by reducing from five to three years the teaching experience necessary to serve on the panel. The potential pool of panel members is increased by redefining serving in the same “discipline” as the employee charged, to requiring serving in the same level (either elementary or secondary) as the charged employee. This will assist both sides in finding eligible panel members for charges, such as unprofessional conduct and unsatisfactory performance, which will be subject to peer review.
“As the voice for victims our goal is to make public safety California’s biggest priority and we are committed to ensuring Californians have the rights, protections and respect they deserve,” said Harriet C. Salarno, chair of Crime Victims United of California. “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.”
About CSBA
The California School Boards Association (CSBA) is the non-profit education association representing the elected officials who govern public school districts and county offices of education. With a membership of nearly 1,000 educational agencies statewide, CSBA brings together school district governing boards and county boards of education to advocate for effective policies that advance the education and well-being of the state’s more than 6 million school-age children. CSBA provides policy resources and training to members, and represents the statewide interests of public education through legal, political legislative, community and media advocacy.