July 10, 2017
The Honorable Ben Allen
Chair, Senate Education Committee
State Capitol, Room 5072
Sacramento, CA 95814
RE:

Assembly Bill 1164 (Thurmond) School district annual budgets and certificated employees
(As amended July 6) • Set for hearing in the Senate Education Committee, July 12
Position: OPPOSE

Dear Senator Allen:
The local education agencies and statewide education organizations represented on this letter, members of
the Education Management Group, oppose Assembly Bill 1164 (Thurmond). The bill was amended on
July 6 to address two widely divergent issues: the cap on local school district reserves, and the process by
which probationary certificated employees are granted permanent status.
Given that there are three active bills addressing these important topics (AB 235 (O’Donnell) and SB 751
(Hill) on the reserve cap, and AB 1220 (Weber) on the probationary process for certificated employees),
we assume that AB 1164 has been amended to represent a potential compromise on these two issues that
have for some time vexed state decision makers and education stakeholders. In that spirit, we are writing
to share our strong concerns with both aspects of AB 1164, as it is currently in print.
With regard to the cap on local school district reserves, we continue to believe that the best solution
would be to fully repeal this ill-conceived state policy. However, should the Legislature choose to modify
the existing statutory language on reserves, it is imperative that the cap level be based on sound policy,
and therefore set at the 17 percent level currently recommended by the national Government Finance
Officers Association.
With regard to the process by which probationary certificated employees are granted permanent status, we
have multiple concerns with the statutory language that is currently included in AB 1164. The bill
provides that a third year of probation may be offered to a probationary employee who has received
unsatisfactory evaluations during his or her first and second year of employment. However, this does not
align with existing processes utilized by many LEAs. For example, new and developing teachers may be
accurately rated as “needs improvement” during the first two years, which does not necessarily mean that
they are unsatisfactory teachers. In many local education agencies, the “needs improvement” rating is
used to identify teachers with potential and in need of support, while “unsatisfactory” is used to identify
those who are not re-employed, even for a second year.
We also have concerns with the specific reference to the Peer Assistance and Review (PAR) program, as
it is a categorical program that is no longer funded. Some school districts have retained their PAR

 The Honorable Ben Allen
Assembly Bill 1164
Page Two

program using LCFF funds, while many others have created alternative programs for teacher support and
improvement. In the spirit in which the LCFF was intended, this flexibility should be retained. Finally,
we do not support requiring the reporting of employment issues to the Commission on Teacher
Credentialing, as it is responsible for the issuance of credentials and does not play a role in employment
matters.
For the reasons outlined above, we must oppose AB 1164 in its current form. Rather than approve a
flawed vehicle as a means to move conversations along on these two important topics, we urge you, the
committee, and your Assembly colleagues to continue those discussions in deliberations on the three
active bills that are referenced above, if necessary making them two-year bills.
As always, thank you for your consideration of our views.
ASSOCIATION OF CALIFORNIA SCHOOL ADMINISTRATORS
CALIFORNIA COUNTY SUPERINTENDENTS EDUCATIONAL SERVICES ASSOCIATION
KERN COUNTY SUPERINTENDENT OF SCHOOLS
CALIFORNIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS
ORANGE COUNTY DEPARTMENT OF EDUCATION
RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS
SAN JOAQUIN COUNTY OFFICE OF EDUCATION
CALIFORNIA ASSOCIATION OF SUBURBAN SCHOOLS
SMALL SCHOOL DISTRICTS ASSOCIATION
THE ASSOCIATION OF CAREER AND COLLEGE READINESS ORGANIZATIONS
cc:

Assembly Member Tony Thurmond
Assembly Member Patrick O’Donnell
Assembly Member Shirley Weber
Members, Senate Education Committee
Ian Johnson, Principal Consultant, Senate Education Committee
Lynn Lorber, Chief Consultant/Staff Director, Senate Education Committee
Kimberly Rodriguez, Education Consultant, Senate President pro Tem Kevin de León
Roger Mackensen, Consultant, Senate Republican Caucus
Rick Pratt, Chief Consultant, Assembly Education Committee
Misty Feusahrens, Education Consultant, Office of Assembly Member Anthony Rendon
Robert Becker, Consultant, Assembly Republican Caucus
Jennifer Johnson, Office of Governor Edmund G. Brown, Jr.
Karen Stapf-Walters, Executive Director, State Board of Education