Prop. 74 Would Streamline Firing Process

Gov. Arnold Schwarzenegger is promoting a voter initiative for a special Nov. 8 election that would change the way California teachers are hired and fired.

The measure, Proposition 74, would extend probationary periods for new teachers from two years to five and would streamline the process for dismissing permanent teachers.

The measure, and the state laws that govern teacher employment, can seem like a jumble of rules and regulations. Here is a primer to clear up some of the confusion.

Question: Do teachers get tenure?

Answer: No. Educators and others often mistakenly talk about “teacher tenure,” giving the impression that public school teachers have lifelong job security.

The term traditionally refers to university and college professors who are awarded tenure based on their seniority and academic accomplishments. Tenure ensures academic freedom and enables institutions to attract top talent to the profession. Once awarded tenure, professors are virtually guaranteed a lifelong place on the school’s faculty, but they can be removed under some circumstances.

Q: So, what job security do K-12 public school teachers really have?

A: Districts offer teachers “permanent” status after a two-year probationary period. But permanent teachers can be dismissed for a number of causes spelled out in state law. These causes include unsatisfactory performance, immoral conduct, dishonesty, felony criminal convictions and alcoholism or other drug abuse that make them unfit to instruct children.

Q: How common is it for permanent teachers to be fired for unsatisfactory performance?

A: Few teachers ever get dismissed for that because principals often don’t have the time -- or inclination -- to document problems. It can take two years or more for school districts to prepare a dismissal case. Instead, schools often reassign poor teachers to other campuses, or teachers resign or retire, knowing that they are facing the dismissal process.

Schools have a much easier time getting rid of probationary teachers. Those teachers can be removed at the end of each school year without explanation as long as their districts notify them of the intention to remove them by March 15.

Q: How are teachers evaluated?

A: School principals typically evaluate teachers. For probationary teachers, that happens each year. Permanent teachers are generally evaluated at least every other year, although principals can do it annually if they wish. In rare cases, principals can elect to evaluate high-performing, veteran teachers once every five years. Teacher evaluations are based largely on formal, scheduled observations. Principals rate teachers in several skill areas, including the ability to plan lessons, explain material, cooperate with other teachers and show up to work on time. Principals must then make an overall judgment about whether teachers have met minimal standards for teaching.

Administrators also make unannounced visits to classrooms as part of the evaluation process.

Students’ test scores can be one of many factors considered in a teacher’s evaluation, according to school district officials.

Q: What constitutes unsatisfactory performance?

A: State law does not define unsatisfactory performance. As a result, there is no uniform measure used by school districts. Principals said they view teachers as unsatisfactory if they are continually unprepared for class, if they lack classroom management abilities -- such as communication skills and adequate lesson plans -- or if their attendance is erratic. Teachers also are viewed negatively if they cannot get along with colleagues, or are unwilling to heed guidance from mentors.

Q: How are poor-performing teachers dismissed?

A: Typically, a school district will designate a teacher as a “candidate for dismissal” after the instructor receives two unsatisfactory evaluations. In extreme cases, the Los Angeles Unified School District has been known to begin the termination process after only one subpar evaluation.

Before getting rid of a teacher, however, schools often provide mentoring and other assistance to help the instructors improve. In many cases, under-performing teachers are counseled to leave voluntarily.

Q: What if a teacher won’t leave?

A: If a teacher refuses to quit, the district will compile a portfolio of observations and other written evidence to justify dismissal.

Under state law, school districts must notify permanent teachers of their unsatisfactory performance. The teacher then has 90 days to improve. If the teacher fails to show progress, the district must provide notice of its intent to dismiss, which includes a formal list of the teacher’s performance lapses.

Q: Is that it?

A: Not exactly. The teacher then has 30 days to request a hearing before a state-appointed administrative law judge and two teachers from outside the school district.

The panel must hear the case within 60 days and decides whether to uphold the dismissal. In many cases in Los Angeles Unified, for example, the panel has ruled against the district, ordering teachers returned to the classroom or into positions in administrative offices.

Q: Do teachers unions play any role in teacher dismissals?

A: Teachers unions often provide legal assistance to aid their members who have been identified as candidates for dismissal.

Teacher contracts also often include a “grievance process” that allows union representatives to protest a teacher’s unsatisfactory evaluation. Staff from United Teachers Los Angeles, for example, are entitled to two meetings with district administrators if they believe a teacher has been evaluated unfairly.

If the case remains unresolved, the union can demand an arbitration hearing. This process is separate from the administrative hearing process mandated by state law.