Dismissal for Poor Performance: California

Analysis of California's policies

In California, tenured teachers who are terminated have multiple opportunities to appeal. After receiving written notice of dismissal, the teacher may request a hearing with the Commission on Professional Competence, which must take place within 60 days. Teachers may then file an additional appeal with "a court of competent jurisdiction." The time frame of this appeal is not addressed by the state.

California does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. The process is the same regardless of the grounds for cancellation, which include immoral or unprofessional conduct; commission, aiding or advocating the commission of acts of criminal syndicalism; dishonesty; unsatisfactory performance; evident unfitness for service; physical or mental condition unfitting him or her to instruct or associate with children; persistent violation of or refusal to obey the school laws; conviction of a felony; knowing membership in the Communist Party; and alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children.

Citation

California Education Code 44932, 44934, 44944

Recommendations for California

Specify that classroom ineffectiveness is grounds for dismissal.
California should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion be reached within a reasonable time frame. 

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. California should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise. 

State response to our analysis

California recognized the factual accuracy of this analysis.