California Proposition 74 (2005)

Last updated

Proposition 74 (2005) was a ballot proposition in the 2005 California special election that intended to extend probationary periods for the state's public school teachers from two years to five before attaining tenure. It failed at the polls, with 55% of voters rejecting it.

California ballot proposition statewide referendum item in California

In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

Contents

Background

New Jersey actually became the first state to pass tenure legislation when, in 1910, it granted fair-dismissal rights to college professors. [1] The Incumbent law, passed in 1983, required that teachers be evaluated for performance during a two-year probationary period before gaining tenure. [2] In the winter of 2004, California governor Arnold Schwarzenegger sponsored a bill to amend the state Constitution to require merit pay for teachers. The state legislature voted against the bill in February 2005. [3] The next month, Governor Schwarzenegger formally endorsed the Put Kids First Act, written and submitted by Assemblymember Bonnie Garcia (Republican, Cathedral City). That act laid out the conditions for Proposition 74, including increasing probationary period from two to five years and allowing school districts to dismiss teachers who receive two consecutive negative job evaluations. It qualified for the ballot June 6. [4]

Arnold Schwarzenegger Austrian-American actor, businessman, bodybuilder and politician

Arnold Alois Schwarzenegger is an Austrian-American actor, filmmaker, businessman, author, philanthropist, activist, politician, and former professional bodybuilder and powerlifter. He served as the 38th Governor of California, from 2003 to 2011.

Cathedral City, California City in California, United States

Cathedral City, colloquially known as "Cat City", is a city in Riverside County, California. Its population was 51,200 at the 2010 census. Located between Palm Springs and Rancho Mirage, it has the second largest population of the nine cities of Coachella Valley in Southern California, after Indio.

Summary (From the State Attorney General)

Proposition 74: Public School Teachers. Waiting Period for Permanent Status. Dismissal. Initiative Statute.

In a workplace setting, probation is a status given to new employees of a company or business. It is widely termed as the Probation Period of an employee. This status allows a supervisor or other company manager to evaluate closely the progress and skills of the newly hired worker, determine appropriate assignments, and monitor other aspects of the employee such as honesty, reliability, and interactions with co-workers, supervisors or customers.

Fiscal year 1 year term for government and business financial reporting

A fiscal year is the period used by governments for accounting and budget purposes, which varies between countries. It is also used for financial reporting by business and other organizations. Laws in many jurisdictions require company financial reports to be prepared and published on an annual basis, but generally do not require the reporting period to align with the calendar year. Taxation laws generally require accounting records to be maintained and taxes calculated on an annual basis, which usually corresponds to the fiscal year used for government purposes. The calculation of tax on an annual basis is especially relevant for direct taxation, such as income tax. Many annual government fees—such as Council rates, licence fees, etc.—are also levied on a fiscal year basis, while others are charged on an anniversary basis.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments:

A school district is a special-purpose district that operates local public primary and secondary schools in various nations.

Campaign

Support

Governor Schwarzenegger, along with former United States Secretary of State and economic advisor to the governor George Shultz and Fresno County Superintendent of Schools Pete Mehas, supported Proposition 74. [3] Prop 74 was one of four propositions (the other three were 73, 75, and 76) the governor touted as his reform package.

United States Secretary of State U.S. cabinet member and head of the U.S. State Department

The Secretary of State is a senior official of the federal government of the United States of America, and as head of the United States Department of State, is principally concerned with foreign policy and is considered to be the U.S. government's equivalent of a Minister for Foreign Affairs.

One major point the proponents constantly cited was a horror story: A Riverside teacher swore at her students, showed them R-rated movies, and generally was a bad teacher; however, due to tenure rules, the district had to pay the teacher $25,000 USD to quit. They said that Proposition 74 would make it easier to fire these kinds of teachers because they had a longer tenure period and less paperwork and procedures to fire a teacher. [5]

Riverside, California City in California

Riverside is a city in Riverside County, California, United States, located in the Inland Empire metropolitan area. Riverside is the county seat of the eponymous county and named for its location beside the Santa Ana River. It is the most populous city in the Inland Empire and in Riverside County, and is located about 55 miles (89 km) east of downtown Los Angeles. It is also part of the Greater Los Angeles area. Riverside is the 59th most populous city in the United States and 12th most populous city in California. As of the 2010 Census, Riverside had a population of 303,871.

Motion Picture Association of America film rating system American film rating system

The Motion Picture Association of America (MPAA) film rating system is used in the United States and its territories to rate a film's suitability for certain audiences based on its content. The MPAA rating system is a voluntary scheme that is not enforced by law; films can be exhibited without a rating, although certain theaters refuse to exhibit non-rated or NC-17 rated films. Non-members of MPAA may also submit films for rating. Other media, such as television programs, music and video games, are rated by other entities such as the TV Parental Guidelines, the RIAA and the ESRB.

Opposition

California's two teachers unions, the California Teachers Association and California Federation of Teachers, as well as state superintendent of education Jack O'Connell, opposed the measure. [3] Arguments that the unions presented against Proposition 74 included that its new requirements would discourage new teachers and encourage school districts to lay off older teachers for costing more in salary and benefits, all while doing little to nothing to improve classrooms. [2]

Result

On November 8, 2005, California voters soundly rejected the proposition, with 44.8% voting for and 55.2% voting against.

Related Research Articles

1978 California Proposition 13 1978 California voter initiative on property taxation

Proposition 13 was an amendment of the Constitution of California enacted during 1978, by means of the initiative process. The initiative was approved by California voters on June 6, 1978. It was declared constitutional by the United States Supreme Court in the case of Nordlinger v. Hahn, 505 U.S. 1 (1992). Proposition 13 is embodied in Article XIII A of the Constitution of the State of California.

2004 California Proposition 57

Proposition 57 was a California ballot proposition on the March 2, 2004 primary election ballot. It was passed with 4,056,313 (63.4%) votes in favor and 2,348,910 (36.6%) against. The proposition authorized the state to sell $15 billion in long-term bonds to pay off accumulated deficits. Proposition 57 went into effect only because Proposition 58 also passed.

2004 California Proposition 58

Proposition 58 was a California ballot proposition on the March 2, 2004 ballot. It passed with 4,535,084 (71.2%) votes in favor and 1,841,138 (28.8%) against. It was officially called the California Balanced Budget Act. It requires the state legislature to pass a balanced budget every year, which means that budgeted recurrent expenditure, including repayment of past debt, does not exceed estimated revenue. The act does not require that capital works programs be funded out of current revenues. The California Constitution has always allowed bond issues for specified capital works, above a certain value. Bond measures must be approved by a statewide ballot.

2000 California Proposition 22

Proposition 22 was a law enacted by California voters in March 2000 to prevent marriage between same-sex couples. In May 2008, it was struck down by the California Supreme Court as contrary to the state constitution.

2004 California Proposition 1A about protecting local funding being repurposed for state usage

Proposition 1A was a California ballot proposition on the November 2, 2004 ballot. The proposition passed with 9,411,198 (83.7%) votes in favor and 1,840,002 (16.3%) against.

2004 California Proposition 62

Proposition 62 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 5,119,155 (46.1%) votes in favor and 5,968,770 (53.9%) against.

2004 California Proposition 65

Proposition 65 was a California ballot proposition on the November 2, 2004 ballot. It failed to pass with 3,901,748 (37.6%) votes in favor and 6,471,506 (62.4%) against. It was a state constitutional amendment that would have required voter approval for any state legislation reducing certain local government revenues from January 2003 levels. It was officially known as the Local Taxpayers and Public Safety Protection Act.

Same-sex marriage is legal in the U.S. state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The issuance of those licenses was halted during the period of November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

2006 California gubernatorial election

The 2006 California gubernatorial election occurred on November 7, 2006. The primary elections took place on June 6, 2006. The incumbent Republican Governor, Arnold Schwarzenegger, won re-election for his first and only full term. His main opponent was California State Treasurer Phil Angelides, the California Democratic Party nominee. Peter Camejo was the California Green Party nominee, Janice Jordan was the Peace and Freedom Party nominee, Art Olivier was the California Libertarian Party nominee, and Edward C. Noonan was the California American Independent Party nominee.

2005 California special election

The California special election of 2005 was held on November 8, 2005 after being called by Governor Arnold Schwarzenegger on June 13, 2005.

2005 California Proposition 80

California Proposition 80 was a proposition on the ballot for California voters in a special election to be held November 8, 2005. Of the eight propositions on the ballot, all of which failed, Proposition 80 failed by the largest margin, with 2,580,536 (34.4%) yes votes and 4,920,679 (65.6%) no votes.

The California Teachers Association (CTA), initially established in 1863, is one of the largest and most powerful teachers' unions in California politics. It is based in Burlingame, and its current president is Eric C. Heins.

2000 California Proposition 36

California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration. As a condition of probation defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete this program or violates any other term or condition of their probation, then probation can be revoked and the defendant may be required to serve an additional sentence which may include incarceration. The proposition was passed with 6,233,422 (60.86%) votes in favor and 4,009,508 (39.14%) against on November 7, 2000 and went into effect on July 1, 2001 with $120 million for treatment services allocated annually for five years. The act is codified in sections 1210 and 3063.1 of the California Penal Code and Division 10.8 of the California Health and Safety Code.

Political career of Arnold Schwarzenegger

Arnold Schwarzenegger is an actor and former bodybuilder who served as Governor of California from November 2003 to January 2011. He was first elected in the 2003 recall election and won re-election in 2006. He previously held non-elected appointments by President George H.W. Bush to the President's Council on Physical Fitness and Sports, in which he served from 1990 to 1998 and was chairman of California Governor's Council on Physical Fitness and Sports under Governor Pete Wilson.

2008 California Proposition 5

California Proposition 5, or the Nonviolent Offender Rehabilitation Act was an initiated state statute that appeared as a ballot measure on the November 2008 ballot in California. It was disapproved by voters on November 4 of that year.

2008 California Proposition 11

Proposition 11 of 2008 was a law enacted by California voters that placed the power to draw electoral boundaries for State Assembly and State Senate districts in a Citizens Redistricting Commission, as opposed to the State Legislature. To do this the Act amended both the Constitution of California and the Government Code. The law was proposed by means of the initiative process and was put to voters as part of the November 4, 2008 state elections. In 2010, voters passed Proposition 20 which extended the Citizen Redistricting Commission's power to draw electoral boundaries to include U.S. House seats as well.

2008–12 California budget crisis

The U.S. state of California had a budget crisis in which it faced a shortfall of at least $11.2 billion, projected to top $40 billion over the 2009–2010 fiscal years.

2010 California elections

The California state elections, November 2010 were held on November 2, 2010.

2010 California Proposition 23

Proposition 23 was a California ballot proposition that was on the November 2, 2010 California statewide ballot. It was defeated by California voters during the statewide election by a 23% margin. If passed, it would have suspended AB 32, a law enacted in 2006, legally referred to its long name, the Global Warming Solutions Act of 2006. Sponsors of the initiative referred to their measure as the California Jobs Initiative while opponents called it the Dirty Energy Prop.

2012 California Proposition 30

Proposition 30, officially titled Temporary Taxes to Fund Education, is a California ballot measure that was decided by California voters at the statewide election on November 6, 2012. The initiative is a measure to increase taxes to prevent US$6 billion cuts to the education budget for California state schools. The measure was approved by California voters by a margin of 55 to 45 percent.

References

  1. Stephy (2008-11-17). "Tenure". Time Magazine Writer. Time Magazine. Retrieved 31 October 2011.
  2. 1 2 Janofsky, Michael (2005-10-20). "In California, a Fierce Battle Is Joined Over Teachers". The New York Times. Retrieved 2009-06-26.
  3. 1 2 3 Asimov, Nanette (2005-09-30). "Teacher job security fuels Prop. 74 battle". San Francisco Chronicle. Retrieved 2009-06-26.
  4. "Proposition 74: Teacher Tenure". University of California, Berkeley - Institute of Governmental Studies. 2005. Archived from the original on May 6, 2009. Retrieved 2009-06-27.
  5. "Arguments and Rebuttals - Proposition 74". Official Voter Information Guide. California Secretary of State. 2005. Retrieved 2009-06-26.