Attack On Teachers: California Special Election Prop 74 Analysis

California's Nov. 8 special election is just three weeks away, and Fremont Unified District Teachers Association is hoping that will be enough time to convince residents to vote "no" on three ballot propositions.

Eight propositions are on the November special election ballot, three of them aimed to reform the public education system, something the teachers' association is not happy about.

With Proposition 74, Gov. Arnold Schwarzenegger proposes increasing a teacher's probationary period from two to five years before he or she can be considered for tenure.

Approval of the measure would modify the process by which school boards can dismiss a teaching employee who receives two consecutive unsatisfactory performance evaluations.

Under current state law, certificated employees serve a probationary period during their first two years of service with a school district.

The California Teachers Association opposes Proposition 74.

"This discourages new teachers from joining the education profession, and takes away due process of dismissal from teachers already in the profession," Fremont Teachers Association President Jeff Poe said. "And it's an unjust law."

Under current state law, permanent certificated employees may be dismissed for unsatisfactory performance, as well as a variety of other reasons, such as dishonesty or unprofessional conduct.

Most permanent employees must be evaluated at least once every two years.

If, however, they receive an unsatisfactory evaluation, they must be assessed annually until they achieve a satisfactory evaluation or are dismissed. Regardless of a reason, the dismissal process consists of about a dozen stages.

The process begins with a school district specifying reasons for dismissal, providing a 30-day notice of its intent to dismiss.

If requested by the employee, the process includes a formal administrative hearing and the right to appeal to a Superior Court and then a court of appeal.

Before being dismissed for unsatisfactory performance, the school district must first provide employees a 90-day period to allow them an opportunity to improve their performance.

Under Proposition 74, two consecutive unsatisfactory performance evaluations constitute unsatisfactory performance for the purposes of dismissing permanent employees.

In these cases, the school board would have the discretion to dismiss the employee and the board would not have to provide the 90-day period currently given to permanent employees to allow them to improve their performance.

School boards would also not have to provide as much initial documentation identifying specific instances of unsatisfactory performance.

Under Proposition 75, state unions will be required to obtain written approval from members each year to use a portion of union dues for political activity.

Poe said this proposition was unnecessary, because as it stands now, teachers' dues cannot be used for political campaigns.

He also said the proposition was deceptive to voters because it will only affect public employees, not union members in all professions.

"In Fremont Unified, no teachers (pay) into a political campaign unless they want to," Poe said. "The advocating we do is not for big benefits or for big salaries. Teachers don't have big benefits. The only thing we have is STRS, and we have to pay for that.

"The only campaigning we do is for public education," he added.

The association is also pushing for a "no" vote on Proposition 76.

This measure would grant the governor substantial new power to unilaterally reduce state spending, and revise key provisions relating to Proposition 98, school and community college funding, and transportation funding.

Poe said this proposition would give the governor virtually limitless power and the ability to make the cuts he sees fit three times a year.

"It's a power not even the president has," Poe said. "He'd be allowed to make budget cuts three times a year in October, January and March."

Poe added this proposition would give the governor the power to reduce funding in schools, and ultimately increase the number of students in a classroom.

He said that at the beginning of a school year, students could be in a room with 30 other children. Poe added, by January, those children could be in a classroom with 40 other students and a new teacher if the governor was allowed to make budget cuts three times a year.

Ultimately, Poe said where Proposition 98 ensured a set level of funding each year for public education, Proposition 76 allows the governor to determine the monetary amount each year.

"The voters approved Proposition 98," he said. "The California Teachers Association never set it up, and teachers were not involved with making the rules when the state created it.

"Overall, the governor should not be allowed to do this on a whim," he said.

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