SB 1530 Defeated in Assembly

SB 1530, which would have changed the process by which school districts dismiss teachers accused of sexual, violent or drug-related offenses, has been defeated by the Assembly Education Committee.  SB 1530 was introduced by state Senator Padilla (D-Pacoima) in response to the teacher sex-abuse scandal at Miramonde Elementary School.  However, Senator Padilla is prepared to reintroduce the bill in the next session.

Although SB 1530 was supported by organizations such as ACSA and CSBA, the California Teachers Association (CTA) was strongly opposed to the bill, arguing it would dilute the due process rights of teachers. 

SB 1530 Teacher Dismissal Bill on the Move

Yesterday the California Senate passed SB 1530 (Padilla) in a 33-4 vote.  The bill will now move onto the state Assembly for review.  The bill passed the Senate without the proposed changes from Senate Republican Leader Bob Huff (R-Diamond Bar). 

The bill, as it stands, would significantly change the permanent teacher dismissal process.  Changes would include:

• Allowing Districts to initiate dismissals during the summer months.
• Allowing the introduction of evidence more than four years old for charges that involve sex offenses or controlled substances offenses as defined in Education Code sections 44010 and 44011, respectively.
• Hearings conducted solely by an administrative law judge ("ALJ")  for charges that involve sex offenses or controlled substance offenses.  The decision of the ALJ in these hearings would be advisory in nature and the final decision regarding the discipline would be determined by the school board.

For our earlier coverage on SB 1530 and other bills that would affect the teacher dismissal process, click here.


Meghan Covert Russell

AB 2028 (Teacher Discipline & Dismissal) On the Move

AB 2028 (Knight and Smyth), which amends the procedure for disciplining teachers for misconduct, has passed through the Assembly Education Committee.  Among other changes to current law, AB 2028 would allow districts to initiate dismissal process during the summer months; would eliminate the 45 or 90-notice for unprofessional conduct or unsatisfactory performance; changes the Commission on Professional Competence to include only the administrative law judge, whose decision would be advisory in nature only with final decision being made by the governing board; and eliminate the prohibition of evidence more than four years old.

At least three other bills related to teacher misconduct were also introduced this year: AB 1681 (stripping teachers who are convicted of misconduct of their pensions), SB 1059 and SB 1530 (which both modify the notice and hearing procedures required for teacher dismissals, in line with AB 2028).

These bills were introduced in response to recent allegations of teacher misconduct, including the allegations against a Miramonte Elementary School teacher who has been charged with 23 counts of lewd conduct and who was under investigation for two years.

We will continue to monitor and report on the progress of these bills.

Meghan Covert Russell