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Public School Teachers. Waiting Period for Permanent Status. Dismissal.
Initiative Statute.

THE QUESTION

Should the probationary period for public school teachers be increased from two to five years, and should the process by which school boards can dismiss a teaching employee be modified?

THE SITUATION

Current law establishes the probationary period for teachers as two years, and requires performance evaluations at least once each year for probationary teachers and at least once every two years for teachers with permanent or tenured status.

Current law defines the ten causes for dismissal of a permanent certificated employee, but does not define the term "unsatisfactory performance." In the absence of any statutory definition, many school districts have developed their own definitions which vary from district to district.

THE PROPOSAL

Proposition 74 extends the probationary period for new certificated teachers from two to five complete consecutive school years. It applies to teachers whose probationary period began during or after the 2003-04 fiscal year. By extending the probationary period to five years, teachers would have up to two additional performance evaluations prior to achieving tenure. It also changes the process by which school boards can dismiss a permanent teaching employee for unsatisfactory performance. It defines the meaning of the term "unsatisfactory performance" of a teacher or other certificated employee for the purpose of dismissal as "the receipt by a permanent employee of two consecutive unsatisfactory evaluations."

FISCAL EFFECT

The net effect on school districts' costs for teacher compensation, performance evaluations, and other activities is unknown. The impact would vary significantly by district and depend largely on future personnel actions by individual school districts.

SUPPORTERS SAY

• Proposition 74 is real education reform and ensures that our children have quality teachers.
• California's outdated tenure law makes it almost impossible to replace incompetent teachers.
• It changes tenure eligibility and rewards good teachers while removing problem teachers.

OPPONENTS SAY

• Proposition 74 was written without consulting any experts in education law, so it is poorly crafted and contains fatal flaws relative to teacher dismissals and collective bargaining.
• The additional performance evaluations that would be required by this initiative would cost tens of millions of dollars annually.
• Proposition 74 discourages the recruitment and retention of quality teachers.

For more information

PRO: Governor Schwarzenegger's California Recovery Team, (916) 498-9775, www.JoinArnold.com

CON: No on 74, A Coalition of Teachers and School Board Members for Quality Teaching and Learning, (916) 492-1962, www.BetterCA.com

For More Nonpartisan Information

See Smart Voter on Proposition 74.