California Bill to Ban School Boards From Abruptly Firing Administrators Advances

California Bill to Ban School Boards From Abruptly Firing Administrators Advances
The California State Capitol building in Sacramento on April 18, 2022. (John Fredricks/The Epoch Times)
Micaela Ricaforte
4/29/2023
Updated:
12/30/2023
0:00

California state senators recently advanced a bill that aims to discourage newly-elected school board majorities from terminating their head administrators—just months after two Southern California school boards opted to fire superintendents just weeks after they took office.

State Senate Bill 494 would require board members to wait a minimum of 30 days after they are sworn in to terminate a superintendent or assistant superintendent—and would require the board to take such an action during its scheduled regular meetings instead of calling a special meeting 24 hours in advance.

The state Senate’s Committee on Education voted 6–1 on April 19 to advance the bill to a third reading in the committee in the coming weeks.

The bill comes after two Southern California school boards made headlines for abruptly terminating their respective superintendents over their recent winter break.

On Dec. 21, the Capistrano Unified School Board voted 4–3 to terminate its longtime superintendent, while the Orange Unified School Board’s (OUSD) majority fired its head on Jan. 5.

Senate Education Chair Josh Newman (D-Fullerton), who introduced the bill in February, noted that Orange Unified’s vote took place just three weeks after the new majority was sworn in.

Meanwhile, Capistrano Unified’s special meeting was held only six days after its new members took office.

Capistrano Unified School District in San Juan Capistrano, Calif., on Sept. 20, 2022. (John Fredricks/The Epoch Times)
Capistrano Unified School District in San Juan Capistrano, Calif., on Sept. 20, 2022. (John Fredricks/The Epoch Times)

“It is fairly self-evident that newly elected school board members generally need some time to become fully conversant in the often-complex inner workings of school district governance as well as the various incidents and unique issues facing a particular district,” Newman said during the hearing. “It seems reasonable that school district governing boards should have a cooling off [or] a ramping up period before making decisions as profound as a change in district leadership.”

Orange Unified Trustee Kris Erickson, who voted against the superintendent’s firing, also spoke at the committee hearing, saying that the board’s decision has “destabilized” the district.

“It’s resulted in extreme distrust amongst the board members and extreme conflict within the community,” she said. “There are lawsuits ... and threats of lawsuits to be filed against our district. Meetings are long and toxic. A recall is on the horizon. We’re losing employees and quality administrators. A replacement superintendent search is on hold for a variety of reasons, all of which are related to the instability in the district.”

A meeting at the Orange Unified School Board in Orange, Calif., on Feb. 2, 2023. (Micaela Ricaforte/The Epoch Times)
A meeting at the Orange Unified School Board in Orange, Calif., on Feb. 2, 2023. (Micaela Ricaforte/The Epoch Times)

The bill wouldn’t be a “cure-all,” Erickson said, but it would be a “common sense policy bill that will ensure an opportunity for [a] more transparent and open process, and hopefully lessen the impact [of] a sudden one-sided, one-day decision.”

Capistrano Unified Trustee Gila Jones, who voted against firing its superintendent, told The Epoch Times that a longer delay than the bill is proposing is necessary.

“While I like the idea of a cooling off period, there are practical issues,” she said. “Since board members take office early in December, much of the proposed 30-day delay would take place when many people are out of town, parents are somewhat unengaged, and less is happening in a school district. Therefore the 30-day period would effectively be reduced by about two weeks.”

An ‘Overreach’ From the State: Critics

However, Orange Unified Trustee Madison Miner, who voted to terminate in that district’s case, said at the heart of the issue is overreach from Sacramento.

“It’s weird and unfortunate how the state is trying so hard to take control of local happenings,” she tole The Epoch Times. “It’s definitely, in my opinion, an overstep by the state to put such a restriction on us.”

Capistrano Unified Trustee Judy Bullockus also said she thought her district’s decision to release its superintendent would have remained the same after 30 days.

“[The decision] was decisive,” Bullockus told The Epoch Times, adding that she opposed any bill that would remove control from locally elected officials.

“Local officials know their community, with their hands on the pulse of its constituents to make the best decisions,” she said. “The state [bill] would be a cookie cutter approach and in California, our communities greatly differ one from another.”

Likewise, Capistrano Trustee Michael Parham—who also voted to let go of that district’s superintendent—told The Epoch Times he thought the fact that the author of the bill hoped it would give the board time to work out any differences with the superintendent “further demonstrates that folks in Sacramento want to control what happens at the local level.”

“State representatives ought to stay in their lane and stop trying to over-govern. The state cannot even manage its own issues, let alone those at the school district level,” he said.