The California Teachers Association is having one of its best sessions in years, winning support for a crackdown on charter schools and unusual direct state assistance for districts to pay for ballooning pension costs – freeing up money for teacher raises. But a long-percolating push by the CTA and its allies to renew the reading wars of the 1980s and 1990s by weakening requirements that prospective reading teachers demonstrate mastery of phonics education has quickly stalled.

A gut-and-amend had turned Senate Bill 614 from a measure that would promote early childhood education into an attempt to decrease the qualifications needed to teach reading. But the revised measure was put on hold after the Oakland branch of the NAACP blasted the bill for making it even more likely that students in poor neighborhoods would have unqualified teachers.

The sponsor of SB614 – Sen. Susan Rubio, D-Baldwin Park – rewrote the measure so it would remove language in the Education Code that requires prospective reading teachers to pay for and pass a test demonstrating their knowledge of how phonics work. 

In phonics, students are taught reading by learning the sounds that groups of letters make when spoken. This approach was dropped by California in the late 1980s in favor of “whole language” instruction in which students are expected to figure out the correlation between letters and pronunciation through experimentation. In 1994, the Legislature and Gov. Pete Wilson went back to phonics after concluding that “whole language” had hurt test scores.

Union cited difficulty of phonics requirement

But the latest attempt to undermine phonics training isn’t driven by unhappiness with phonics per se. According to teacher-blogger Rachel Hurd, a 13-year CTA member, in internal communications, the union cited two primary motivations for seeking changes.

1) “The pathway to becoming a teacher in California loses a significant share of candidates at each testing juncture. … Given that candidates also reported that the tests are a financial hurdle and a logistical challenge, there is no doubt that they have a noticeable impact on the pipeline for becoming a teacher in the state.”

2) “The abysmal first-time pass rates for native Spanish speakers, African Americans, and male teacher candidates.”

These rationales outraged George Holland Sr., president of the Oakland branch of the NAACP.

NAACP, reading experts were highly critical

“We must better prepare educators to meet the bar – not eliminate it. Passing SB614 would disregard the science of reading, data about the causes of teacher turnover, the National Reading Project findings, … the California Guidelines for Dyslexia, and the California Constitution,” he wrote on July 5.

Three dozen reading experts from across the nation also issued a letter the same week saying there was overwhelming evidence that phonics worked best.

Rubio’s bill was supposed to be heard by the Senate Education Committee this month. Instead, it was pulled at Rubio’s request before Senate staffers had even finished an analysis of its new content.

It could possibly resurface later in the session.

And while the tributes range in length and tone — one legislator joked (?) about his romantic feelings for Assemblywoman Nora Campos — none were as awkward as the one for termed-out Roger Hernández, who was recently placed under a restraining order from his now-ex-wife and was subsequently stripped of his committee assignments.

Assemblywoman Lorena Gonzalez, D-San Diego, was the first of around a half dozen Democrats to pay kind words to the West Covina Democrat, whom she had known since election night 2000.

Gonzalez spoke of Hernández’s focus on immigrant communities and low-wage workers.

“This body will miss your work,” Gonzalez said.

Remember when he stole a member’s mic?

Gonzalez opened her remarks with a joke about Hernández’s relationship with Assemblyman Matthew Harper, R-Huntington Beach. Last July, Hernández had security remove Harper’s microphone at a committee hearing on increasing the minimum wage after repeatedly talking over Harper and calling a vote to end debate. Videos suggested that even the clerk and deputies seemed confused by Hernández’s requests.

“Seargents have already turned off Mr. Harper’s microphone, so we’re going to do OK,” Gonzalez said.

Harper declined to speak on Wednesday when jokingly asked.

“Thank you for your wisdom, Mr. Harper,” said Assemblyman Kevin Mullin, D-South San Francisco, who was presiding.

Proud

Assemblywoman Shirley Weber had the most awkward exchange with Hernández, however, when she said she was “proud” to see how he’d handled himself over the past year.

In April, Hernández was placed under a temporary restraining order from his then-wife, Susan Rubio, after allegations of domestic violence surfaced during divorce proceedings.

Rubio alleged Hernández assaulted her 20 times over a three-year period, detailing eight alleged incidents in court that included being choked with a belt, being beat with a broom while on the ground and being threatened with a knife after having been accused of an affair.

Hernández has not been charged with a crime but was placed under a three-year restraining order earlier this summer. Hernández has denied the allegations, and even compared Rubio to former Olympic ice skater Tonya Harding, who hired a thug to whack the knee of another skater, Nancy Kerrigan.

It’s not the first time Hernández was in trouble. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed. That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. And in 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other passed away.

“You’ve taken a lot this year,” Weber said. “You’ve taken a lot over the years. And I’m always so proud to see you stand.”

Weber added that she thought of Hernández as courageous on tough issues, a man of “tremendous love and respect” and reiterated her appreciation for his toughness during his personal turmoil. Hernández recently dropped a bid for Congress amid the allegations.

“Many of us struggle with all the issues of life and we crumble as a result of it, but you did not,” Weber said. 

First, the West Covina Democrat made his official Twitter account private sometime in July, and then on Monday he went on medical leave for a week or two to start the last month of the legislative session.

A spokesperson for the West Covina Democrat did not immediately respond to requests for comment, but both his office and the office of Speaker Anthony Rendon, D-Paramount, confirmed to The Sacramento Bee on Monday that Hernandez requested medical leave that would likely extend through this week and much of next week.

What it means

The legislative session ends with August, meaning Hernandez could have potentially cast his last vote, depending on how much time the termed-out legislator ultimately misses.

But as it stands now, he’ll make it back for the end-of-session flurry of votes where his vote could make the difference between success and failure on either liberal priorities or bills requiring a two-thirds majority, like a Democratic transportation package.

Hernandez is running against Rep. Grace Napolitano for the Norwalk Democrat’s seat in Congress, although the protracted scandal has likely hurt his chances in a race that was always going to be difficult. Since the domestic violence allegations began to surface, his fundraising has struggled and many of his allies fled.

Hernandez was accused by his wife, Baldwin Park City Councilwoman Susan Rubio, from whom he is getting divorced, of assaulting her 20 times over a three-year period, which included choking her with a belt, beating her with a broom while she lay on the ground and threatening her with a knife after accusing her of an affair. 

Tweeting beyond the curtain

A small band of the Twitterati ripped Hernandez for making his official Twitter account private (it was done within the last month or so).

Why would a public official running for Congress have a protected Twitter account? Shame on @Roger_Hernandez pic.twitter.com/rgTyF4HBGF

— Carol Dahmen (@sactotrixie) August 1, 2016

@sactotrixie @Roger_Hernandez Because it's no longer about what he's running FOR, but what he's running FROM….

— Ryan Endean (@ryanendean) August 1, 2016

Past allegations

Hernández has been accused of wrongdoing before. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed due to insufficient evidence. 

That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. 

And in 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other had passed away. 

The Paramount Democrat’s move follows a court order for Assemblyman Roger Hernández to stay away from his wife for three years from whom he is getting divorced early Friday, as well as a particularly harsh editorial by the Sacramento Bee that same day.

Hernández, a West Covina Democrat, had been under slowly increasing pressure since mid-April when the allegations of domestic violence surfaced.

Days after the allegations surfaced, members of the women’s caucus, led by Sen. Hannah-Beth Jackson, D-Santa Barbara, called for Hernández to step down. Rendon had been reluctant to take action until the allegations were “more fully validated.”

“Today, after a thorough process, the judge reviewing the allegations against Assemblymember Roger Hernández stated that she found those allegations credible,” Rendon said in a statement. “Assemblymember Hernández has problems in his personal life that need to be addressed, and he should focus on resolving them.”

Hernández was ordered to stay at least 100 yards from his wife, Susan Rubio, her home and her workplace until 2019, and 15 feet away from her at public events, according to the Los Angeles Times.

Following Rendon’s announcement, the women’s caucus vice chair, Assemblywoman Cristina Garcia, D-Bell Gardens, expressed her gratitude for the move.

@AssemblyDems @Rendon63rd TY for your leadership.

— Cristina Garcia (@AsmGarcia) July 2, 2016

Sac Bee Editorial

On Friday morning, the Sacramento Bee Editorial Board called it a “low blow” when Hernández killed a bill sponsored by Jackson last week to help new parents for what seemed to be retribution for the women’s caucus’ demands that he step down.

The Bee echoed what observers at the time alleged when Hernández, the Labor and Employment Committee chairman, killed a scaled-down version of a bill he previously supported by abstaining to vote and bringing enough others along with him.

The bill would have expanded access to family leave, a program funded by automatic deductions from the worker’s paycheck, explained The Bee, adding its skepticism of Hernández’s explanation of his change of heart — that he now needed to be “cognizant of the cumulative burden of these provisions, particularly of small businesses.”

“Whatever that means,” wrote The Bee.

Rendon too

The Bee also aimed at Speaker Anthony Rendon, D-Lakewood, a Hernández ally who, as speaker, determines committee assignments and failed to assign any women to the committee. 

“Vote-ducking is cowardly and political payback should be reserved for politicians,” wrote The Bee. “But blame also goes to Assembly Speaker Anthony Rendon who oversees committee assignments. How can a committee that handles every piece of workplace legislation in California have not one woman?”

Rendon did not immediately announce who would take over the chairmanship or if a woman would fill Hernández’s seat on the committee.

Allegations against Hernández

Rubio, Hernández’s wife and a Baldwin Park City Council member, previously accused him of assaulting her 20 times over a three-year period. In divorce court last month, Rubio detailed eight alleged incidents that included being choked with a belt, being beat with a broom while on the ground and being threatened with a knife after having been accused of an affair. 

No charges have been filed against Hernández.

Hernández is termed out of the Assembly. He had hoped to win a seat in Congress held by fellow-Democrat Grace Napolitano, but failed to advance from the primary. Hernández recently blamed his primary failure on Rubio. 

Past allegations

Hernández has been accused of wrongdoing before. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed due to insufficient evidence. 

That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. 

And in 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other had passed away. 

The perceived retaliation came two months after the West Covina Democrat was asked to step down by the bill’s sponsor amid domestic violence allegations (that he’s denied) surfaced and after being placed under a temporary restraining order from his wife.

Background

The bill, SB1166, was a priority of the Legislative Women’s Caucus and especially its chairwoman, Sen. Hannah-Beth Jackson, who had called for Hernández to step down along with other members of the women’s caucus.

The bill previously passed three Senate committees and the Senate floor along party lines, making it a measure widely supported by Democrats.

Outside the Capitol, it was supported by women’s rights activists like Sandra Fluke, who made national news in 2012 after being called a “slut” and “prostitute” by Rush Limbaugh for advocating for women’s access to birth control at a Congressional hearing while a law student at Georgetown University.

Join me & my fellow #StrongerCA coalition mbrs to urge @Roger_Hernandez stand w/#CA families & supprt @SenHannahBeth #SB1166 #NewParentLeave

— Sandra Fluke (@SandraFluke) June 22, 2016

Another group, the Equal Rights Advocates, which describes themselves as “civil rights champions, fighting since 1974 to expand and protect the opportunities of all women and girls,” also urged support earlier in the day.

.@Roger_Hernandez we urge your 'aye' vote on #SB1166 in Assm. Labor today! All new parents & children need bonding time. #StrongerCA

— EqualRightsAdvocates (@EqualRightsAdv) June 22, 2016

Abstain = No

There were other liberal activists and groups tweeting support, but when the bill came up for a vote in the Assembly Labor and Employment Committee, four of the seven members abstained from voting, including Hernández, the chairman.

Bill was priority of@CaWomensCaucus Jackson had called on committee chair @Roger_Hernandez to step down following domestic abuse accusations

— Katie Orr (@1KatieOrr) June 22, 2016

Hernandez gave no indication at the hearing as to why he abstained from voting, and his office didn’t immediately respond to requests for comment later in the day from CalWatchdog.

.@Roger_Hernandez did not comment on the bill or explain way he abstained during committee hearing.

— Katie Orr (@1KatieOrr) June 22, 2016

How others “voted”

The other members who abstained were Democratic Assemblymen Kansen Chu of San Jose, Patrick O’Donnell of Long Beach and Eric Linder, a Republican from Corona.

Chu and O’Donnell’s offices did not immediately respond to requests for comment from CalWatchdog. A spokesman for Linder told CalWatchdog that Linder supported expanding family leave and the main thrust of the bill, but had concerns over certain provisions.

Democrats Tony Thurmond of Richmond and Kevin McCarty of Sacramento voted in favor of the measure, while Republican Jim Patterson of Fresno voted against. 

Hmm. An all-male committee kills a bill that was priority of the women's caucus. #SB1166 @1KatieOrr @SenHannahBeth

— Laurel Rosenhall (@LaurelRosenhall) June 22, 2016

.@Roger_Hernandez, abstained on #SB1166, preserving the right for employers to threaten new parents with termination if they take #paidleave

— jenya cassidy (@oneunionmom) June 23, 2016

Since the domestic violence allegations surfaced, Speaker Anthony Rendon, D-Paramount, has chosen not to take action against Hernández, including removing him from the Labor and Employment chairmanship. Rendon did not immediately respond to requests for comment about the hearing. 

Allegations

Hernández’s wife, Baldwin Park City Councilmember Susan Rubio, previously accused him of assaulting her 20 times over a three-year period. In divorce court last month, Rubio detailed eight alleged incidents that included being choked with a belt, being beat with a broom while on the ground and being threatened with a knife after having been accused of an affair. 

No charges have been filed against Hernández.

Hernández is termed out of the Assembly. He had hoped to win a seat in Congress held by fellow-Democrat Grace Napolitano, but failed to advance from the primary. Hernández recently blamed his primary failure on Rubio. 

Past allegations

Hernández has been accused of wrongdoing before. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed due to insufficient evidence. 

That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. 

And in 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other had passed away. 

Hernández, a West Covina Democrat, is currently under a temporary restraining order from his wife, with whom he is getting divorced.

At divorce proceedings on Wednesday, Susan Rubio, a Baldwin Park City Councilwoman, alleged that Hernández assaulted her more than 20 times during a three year period, according to the Los Angeles Times.

“Given the serious and growing list of accusations, Assemblyman Hernández’s continued presence in the state Assembly brings dishonor to the entire California state Legislature,” Sen. Patricia Bates of Laguna Niguel said in a joint statement with Rep. Mimi Walters of Irvine and Harmeet K. Dhillon, the vice chair of the California Republican Party.

Other calls for action

Last month, the top Democrats in the Legislative Women’s Caucus, Sen. Hannah-Beth Jackson of Santa Barbara and Asm. Cristina Garcia of Bell Gardens, called on Hernández to step down from his committee responsibilities, including his leadership post atop the Labor and Employment Committee, and to take a leave of absence until the legal matter with his wife is worked out.

Hernández has not been charged with a crime and he previously denied the allegations to media outlets and in court filings. His office did not respond to requests for comment.

This might hurt his run for Congress

According to the Times, Hernández’s attorney said in court that Rubio came forward with the allegations to hurt his political career. Hernández is termed-out of the Assembly and is running for Congress against incumbent Grace Napolitano, D-Norwalk.

“As a member of the California Congressional delegation, I urge Assemblyman Hernández to step down from his position and withdraw his name as a candidate for California’s 32nd Congressional District in light of the current accusations of serial abuse,” Walters said in the statement.    

Newest allegations

In court, Rubio gave detailed accounts of eight alleged incidents: One was of Hernández choking her with a belt, another was of Hernández dropping her to the ground and beating her with a broom and another was of Hernández threatening her with a knife after accusing her of having an affair, according to the Times.

“Domestic violence is a very serious issue in our society, not a ‘private matter’ to be brushed under the rug by a man holding public office,” Dhillon said.

Tepid response

The three women’s statement called on Democrats to “echo the demand” that Hernández step down. 

Speaker Anthony Rendon, D-Paramount, previously told CalWatchdog that he would take further action against Hernández “if the allegations are more fully validated.” And on Thursday, a spokesman said there was no update. 

History

It’s not the first time Hernández has been accused of wrongdoing. In 2012, an ex-girlfriend accused him of domestic violence, although charges were never filed due to insufficient evidence. 

That same year, Hernández was arrested for drunk driving in a state vehicle, but was acquitted by a jury on one charge, while the jury was hung on another. 

In 2015, allegations of political money laundering against Hernández were dropped by the Fair Political Practices Commission after two key witnesses were unable to testify — one had serious medical issues while the other had passed away. 

Asm. Roger Hernández speaks on the Assembly floor in 2016. Photo courtesy of member’s office.

Following the news that the wife of Asm. Roger Hernández had filed a temporary restraining order against the West Covina Democrat, a lone colleague was questioning whether he should remain in a leadership position in the Assembly.

It wasn’t the newly chosen Speaker Anthony Rendon, D-Paramount, whose recently announced leadership team kept Hernández atop the Labor and Employment Committee.

It also wasn’t Sen. Hannah-Beth Jackson, D-Santa Barbara, chair of the California Legislative Women’s Caucus. Nor was it the vice chair, Assemblywoman Cristina Garcia, D-Bell Gardens. And it wasn’t Assemblywoman Lorena Gonzalez, D-San Diego, one of the most outspoken champions of women’s issues in the Capitol.

Assemblyman Matthew Harper, R-Huntington Beach, went where those lawmakers would not, taking to Twitter Friday to question the lack of action from Assembly Democrats. Harper has been critical of Hernández before, dating back to when Harper was Hernández’s vice chairman on the Labor and Employment Committee.

Why is Hernandez Democrats' choice for Labor Committee Chair? Judge orders TRO. #DomesticViolence https://t.co/SP1Z7JUj8Y #CALEG #AD48 #CA32

— Matthew Harper (@AsmHarper) April 15, 2016

Hernandez’s office did not return requests for comment.

Restraining order

On Thursday, the Los Angeles Times reported that Hernández’s wife, Susan Rubio, a Baldwin Park city council member whom he is divorcing, had obtained a temporary restraining order, alleging a history of violence.

“My wife and I are nearing the completion of a 16 month divorce case,” Hernandez told the Los Angeles Times. “And despite all of the tensions that arise in any difficult situation and negotiation, at no time prior to today has there ever been a suggestion that she would need a restraining order. In fact, just minutes before this alleged incident, we were both in front of a judge with our lawyers and this issue was never raised.”

The temporary restraining order will remain in effect until a hearing in divorce court May 4.

Congressional bid

Hernández is challenging Democratic Congresswoman Grace Napolitano for her seat, as he is termed out. On Friday, he cancelled his campaign kickoff that was scheduled for Saturday.

.@Roger_Hernandez cancels #CA32 campaign kickoff this weekend. Our story on new allegations: https://t.co/pqMKgrDtsG pic.twitter.com/pyXB3TTcV6

— John Myers (@johnmyers) April 15, 2016

Democrats’ response

Jackson, the chair of the California Legislative Women’s Caucus, condemned domestic violence in a statement to CalWatchdog but declined to comment on Hernández.

“The Women’s Caucus takes domestic violence very seriously,” Jackson said. “While I cannot comment on Assemblymember Hernández’s specific situation, we believe our society should not tolerate domestic violence in any form.”

Rendon, Garcia, and Gonzalez did not respond to requests for comment.

In 2012, another woman sought an emergency protective order against Hernández, according to the news reports. At that time, a Baldwin Park councilwoman was demanding his resignation from the legislature.

History with Harper

Harper and Hernández have clashed before. Last July, Hernández had security remove Harper’s microphone at a committee hearing on increasing the minimum wage, after repeatedly talking over Harper’s microphone and calling a vote to close debate. Video suggests that even the clerk and deputies seemed confused by Hernández’s requests.

“Assemblyman Harper asked (then-Speaker Toni Atkins, D-San Diego) for Hernández to be removed last year after the ‘microphone incident,’ instead Harper was removed, not only as vice-chair, but removed from Labor Committee all together,” Harper spokesperson Madeleine Cooper told CalWatchdog on Friday. “With the recent court findings, there is even stronger evidence of the man that Hernández is and yes, he should be removed as chair now more than ever.”