LAO Full Text Search Form LAO Publication Mailing List Links to Other Sites Return to LAO Home Return to LAO Home

February 22, 2005

Dear Attorney General Lockyer:

Pursuant to Election Code Section 9005, we have reviewed the proposed initiative (File No. SA2005RF0028) entitled the “Excellence in Teaching Act.” Below we provide relevant background information, discuss the major provisions of the proposal, and estimate it fiscal effects.

Background

Existing state law contains various provisions relating to teacher salaries and tenure.

Teacher Salaries. Since 1976, state law has required school districts to use a salary schedule that pays teachers based on a uniform allowance for years of service and training. A 1996 amendment to this law permitted school districts to use criteria other than a uniform allowance for years of service and training if mutually agreed upon with the exclusive teacher representative. (If agreement cannot be reached, the uniform salary schedule remains operative.) Existing state law does allow school districts to grant differential credit for prior years of experience and training for the purposes of initial placement on a district’s salary schedule. The governing board of each school district is required to adopt, print, and make its salary schedule available to all teachers.

Tenure. Under existing law, certificated school district employees, such as teachers and administrators, may attain permanent status after serving two school years in a certificated position. Existing law also requires school districts to establish evaluation processes and assess the performance of probationary certificated employees annually and permanent certificated employees at least every other year. It also contains dismissal provisions indicating that (1) governing school boards must provide an employee with a written statement “specifying instances of behavior and acts or omissions constituting the charge,” and (2) employees may demand an appeals hearing within 30 days of notice of the charge.

Proposal

The initiative adds to the State Constitution a new section relating to school employment decisions by school districts, county offices of education, and charter schools. Its provisions would supersede collective bargaining agreements with any conflicting provisions enacted after the effective date of the measure. Employment decisions would be broadly defined—including the hiring, terminating, assigning, and compensating employees. The initiative has three major provisions.

Fiscal Effects

Effect on School District Salary Costs. The measure could have a variety of impacts on salary costs. The measure could affect teacher turnover, the composition of the teacher workforce, and teacher supply—all of which, in turn, could affect teacher salaries.

Given these various countervailing pressures, the net effect on teacher salary costs is unknown and could vary significantly by district depending on local implementation decisions.

Effect on Other School District Costs. School districts would incur some upfront cost to design a new performance-based evaluation system, discuss this system publicly, and place a description of it on their Web sites. School districts would experience higher ongoing assessment costs given they would need to evaluate every employee annually. To the extent teacher turnover increased, school districts also would experience greater hiring and training costs. School districts might achieve some administrative savings as a result of what likely would become a simplified dismissal process. These administrative savings, however, might be offset by an increase in costs associated with holding additional appeal hearings.

Potential State Costs. The state could incur additional assessment costs if it needed to develop new standardized tests (for example, in foreign language and physical education). The state might develop these additional standardized tests to help school districts assess teacher performance. To the extent the initiative resulted in greater teacher turnover, the state might also incur higher costs for state-funded beginning teacher support and professional development programs.

Summary of Fiscal Effects

The measure would have the following major fiscal impact:

 


Return to Initiatives and Propositions

Return to Legislative Analyst's Office Home Page