In an effort to portray a far-reaching bill as a compromise between charter schools and teacher unions, Gov. Gavin Newsom invited leaders of both groups as well as state Superintendent of Public Instruction Tony Thurman to recent signing ceremonies for Assembly Bill 1505.

In remarks at the event, Myrna Castrejón, president and CEO of the California Charter Schools Association, asserted that the new law “affirms that high-quality charter schools are here to stay and that the charter model — one that embraces accountability in exchange for the flexibility to innovate — is worth protecting and is of tremendous value to the students we serve.”

But what Newsom and Castrejón sought to depict as a balancing act was instead seen in most news coverage as the biggest blow yet to the California charter school movement, which began slowly in 1992 but now includes 1,300 schools that educate about 660,000 of the state’s K-12 students.

One modification to the original bill by Assemblyman Patrick O’Donnell, D-Long Beach, was a huge win for charter schools. It allows charter applicants and charters seeking renewals to appeal rejections from local school boards to county and state officials. A provision on requiring all charter teachers have formal credentials was revised to give charter schools until 2025 to comply.

Trustees can cite fiscal concerns in opposing charters

But the single most important part of the new law is the provision most sought by teacher unions and most feared by charter advocates. That is language that allows district boards to reject charters solely on financial grounds.

In an era in which annual school spending has soared — up from about $67 billion in 2014 to a record $102 billion now, a 52 percent increase — it would nominally appear that charters don’t have much to worry about from such a provision. Yet many state school districts are struggling to make ends meet now as much as they did during the Great Recession a decade ago, when state spending plunged nearly 20 percent in a single year.

Analysts say one reason districts are in trouble has to do with the increase in special-education students, who cost significantly more to educate and whose statewide budget got a 21 percent boost in May.

But the main headache is the enormous cost of the Legislature’s 2014 bailout of the California State Teachers’ Retirement System. It mandates that districts increase their CalSTRS payments by 132 percent from 2014-15 to 2020-21. Yet partly because of a significant increase in the number of retiring teachers getting pensions, the actual hit on district budgets over that span is much worse — 196 percent, the Legislative Analyst’s Office said earlier this year.

Pension bailout eating up surge in school funding

This has had the effect of pushing the total cost of compensation to 90 percent or more of the operating budgets in some districts, with by far the state’s largest district — Los Angeles Unified — among the hardest-hit. In May, LAUSD officials warned that a state takeover by 2022 was likely unless voters approved a parcel tax. Voters opposed the tax despite a heavy lobbying campaign. LAUSD’s fiscal reserves may not even cover the next three years unless state education spending keeps going up, district watchers warn.

But the problems are statewide. The state’s Fiscal Crisis & Management Assistance Team — which helps districts in distress — has had to focus on problems in the counties of San Diego, Sacramento, Oakland and more.

In response, a union-led coalition is seeking to qualify a November 2020 ballot measure modifying Proposition 13, the state’s famous 1978 tax-limitation law. It would allow the valuation of commercial properties to go up each year to reflect their value instead of the maximum 2 percent increase allowed under Proposition 13, generating potentially $5 billion or more in new annual funds for schools. 

The coalition had already qualified a similar measure for the 2020 in fall of last year, but decided to withdraw it because of the fear that its harsh potential effects on small businesses would make it a hard sell.

The U.S. Supreme Court’s June decision in the Janus v. AFSCME case that public employees couldn’t be compelled to pay union dues was widely seen as a game-changing moment in U.S. politics.

The coverage on The Atlantic website was typical. It called the decision, which stemmed from a lawsuit brought by Illinois state employee Mark Janus, a “huge blow” to public sector unions and suggested the decision had the potential to “end” such unions in America.

But five months later, the experience of the most powerful public employee union in the nation’s largest state undercuts the assumption that Janus would take a quick toll on unions’ clout. In supporting Assemblyman Tony Thurmond, D-Richmond, for state superintendent of public education against Marshall Tuck, the California Teachers Association spent $16 million as of Oct. 31 – $5 million more than it did in the entire 2014 superintendent election, where the union supported incumbent Tom Torlakson over Tuck, a former Los Angeles school executive with deep support from charter school advocates and a loose coalition of tech billionaires.

Torlakson narrowly defeated Tuck. This election, Tuck and Thurmond have been trading the lead in recent days. With millions of votes yet to be counted, no journalism organization has called the race.

The CTA does not issue regular updates on its membership status. But a recent Sacramento Bee analysis suggested that the union, as in previous years, had 90 percent membership among the 325,000 teachers it represented. So while it’s lost dues from the 10 percent of teachers who reject union membership, the CTA still collects more than $150 million in dues annually – making it the most powerful force in the California Democratic Party.

Union clout to be tested in coming fight over funding

The extent of the CTA’s clout is likely to be tested soon – whether Thurmond or Tuck is elected. That’s because both have said they oppose one of Torlakson’s most controversial, union-favoring decisions: His 2015 announcement that the extra funding going to schools with disproportionate numbers of English learners, foster children and impoverished students could be spent on general needs, such as raises for teachers.

Torlakson’s decision, which overrode a directive from a lower-ranking official in the state Department of Education, spurred outrage in education reform circles. The Local Control Funding Formula – the 2013 state law changing how districts were allocated state dollars – had been pitched as creating a lock-box of dollars that would be spent only on helping underachieving students.

But Torlakson’s decision had the effect of turning the local-control funding into a de facto block grant. Many districts have used the funds for employee raises.

If Thurmond or Tuck revive the lock-box theory of how the funds can be spent, that’s likely to create huge headaches for most school districts, which have received an average of $8 billion a year in local-control dollars since the law took effect.

Newsom close with both teachers unions and reformers

A key factor in the coming fight over funding is the position taken by Gov.-elect Gavin Newsom, who was strongly backed by the CTA but is also friends with the tech tycoons who want education reform. The governor’s control over parts of the Department of Education’s budget gives him a powerful lever to use on the state superintendent.

On the campaign trail, Newsom said teachers are underpaid and schools are underfunded. But he’s also rejected Gov. Jerry Brown’s claim that education reform is a “siren song” in which trends come and go but schools never get better. In interviews, Newsom has noted the success of education reform in union states like Massachusetts and New Jersey.

It’s unclear when the count of the Thurmond-Tuck vote will be complete. But the recent statewide election with the most parallels to the race offers encouragement for Thurmond, a former social worker.

In the 2010 attorney general’s race, Los Angeles District Attorney Steve Cooley, a Republican, took such a substantial early lead over San Francisco District Attorney Kamala Harris that the San Francisco Chronicle pronounced him the winner on election night. But as millions of provisional and late ballots were counted, the tide turned steadily toward the union-backed Democrat. Three weeks later, Cooley conceded when Harris’ lead topped 50,000 votes. Harris ended up winning by more than 74,000 votes – about 1 percent of total voters.

The 2018 race for state superintendent of public instruction may not have an incumbent but is likely to feel like an encore of the 2014 race, pitting a Democrat aligned with the California Teachers Association and the California Federation of Teachers against a Democrat who backs reforms opposed by the unions.

In 2014, Tom Torlakson – a former teacher and state lawmaker – won a second term, touting higher graduation rates and somewhat better test scores. He defeated former Los Angeles charter school executive Marshall Tuck 52 percent to 48 percent in a race in which $30 million was reportedly spent, triple the campaign spending in that year’s quiet governor’s race.

With the strong support of wealthy Los Angeles area Democrats who have been fighting for changes in L.A. Unified and who remember the job he did running Green Dot charters, Tuck is running again.

Subbing for termed-out Torlakson is Assemblyman Tony Thurmond, D-Richmond, who has worked closely with teachers unions on many fronts – most notably joining in maneuvering last summer that helped kill a tenure reform bill that had gotten off to a strong start in the Legislature. He has also opposed efforts to more closely monitor how education dollars are being spent under the Local Control Funding Formula. The law was supposed to be used specifically to help districts with high numbers of English language learners, students in foster care and students from impoverished families to improve their academic performance. But civil rights groups say the extra dollars often have been used for general spending, including for teacher raises.

Thurmond was also among lawmakers who expressed interest in helping teachers deal with California’s high housing costs, proposing legislation to award $100 million in rental grants to teachers in need. It didn’t advance.

Tuck may have better shot than when he challenged incumbent

The conventional wisdom is that Tuck has a better chance than in 2014 because Thurmond has much lower name recognition than Torlakson. But that could be erased with a heavy television ad run by the teachers unions using the same anti-Tuck themes as in 2014: Making the argument that the charter schools he led are part of a corporate scheme to take over public education. 

If Tuck, 44, gets his way, the debate will focus on his reform agenda – the idea that charters serve as healthy competition for regular schools; the need for much better oversight of how the Local Control Funding Formula is used; adopting teacher tenure reform; and accountability standards that make it easier to judge whether a school is improving.

Thurmond’s website emphasizes his view of California educators doing battle with President Donald Trump and Education Secretary Betsy DeVos over what he describes as their intent to “gut” and “defund our public schools.” Thurmond, 49, a military veteran who was a social worker before running for office, also said teachers need “bonuses and other incentives” to address the shortage of qualified instructors.

Complicating the Tuck-Thurmond race is the likelihood that for the first time in the 21st century, a prominent Democratic gubernatorial candidate is running as an anti-union reformer – which could make schools a more prominent issue in the 2018 election cycle than is normal.

Former Los Angeles Mayor Antonio Villaraigosa, who repeatedly tangled with the United Teachers Los Angeles while seeking authority over L.A. Unified, has already won the endorsement of the state Democratic lawmaker recognized as the leader of education reform efforts: Assemblywoman Shirley Weber of San Diego.

The CTA endorsed Lt. Gov. Gavin Newsom in the governor’s race and Thurmond for superintendent in October. The CFT did as well in December.

The clout of the California Teachers Association was on full display last week when a bill by Assemblywoman Shirley Weber, D-San Diego, to reform a tenure law that can give lifetime job protections to teachers 18 months into their careers was abruptly

Since her election in 2012, Weber, a former school board president and college professor, has prodded her fellow Democratic lawmakers to not accept the California education status quo. Weber wants to make tenure rules more rigorous and like those in other states, to ensure the Local Control Funding Formula actually does what it was promised to do and helps English-language learners, and to seek state standards that make it easy to gauge whether schools are helping struggling minority students.

But Weber’s push for significant reforms have either been killed in the Legislature or by Gov. Jerry Brown’s veto pen.

Her latest reform measure, Assembly Bill 1220, would have delayed tenure decisions until a teacher’s third year on the job, but would have allowed marginal teachers additional time to establish their worthiness for tenure in a fourth year, and, in limited circumstances, a fifth year. Weber’s bill included a provision intended to make districts put more of an emphasis on professional development of marginal teachers.

The measure won early approvals and initially appeared relatively uncontroversial, with only five Assembly members opposing it in a preliminary June 1 vote. Weber supporters saw the provisions emphasizing helping struggling teachers as a valuable way to reassure teachers unions that the bill wasn’t an exercise in teacher or union bashing.

But later in June, the Assembly Appropriations Committee shaved off the fourth and fifth year tenure consideration provisions – without consulting Weber. Then, on July 6, Assemblyman Tony Thurmond, D-Richmond, gutted and amended AB1164, a bill he had introduced about foster care policies, so it offered an alternative to Weber’s bill. Thurmond’s version would in some cases allow struggling teachers to win tenure consideration after a third year.

The bill was knocked by reformers as unnecessarily complex and inferior to Weber’s. But the clout of its prime supporter – the CTA – led Weber last week to withdraw her bill for now in hopes it would have better chances in 2018.

Thurmond then withdrew his bill, suggesting it was only introduced as a way to block Weber and her proposal. Both are members of the California Legislative Black Caucus.

CTA expected to back lawmaker who thwarted bill

The EdSource website connected the maneuvering to Thurmond’s plan to run for state superintendent of public instruction in 2018 when incumbent Tom Torlakson is termed out. That’s because the CTA has already sent signals it will endorse Thurmond, who has established his pro-teacher union bona fides with such measures as proposing that teachers be given subsidized housing.

The CTA’s strong and early support of Torlakson was key to the low-profile Bay Area state lawmaker winning the superintendent’s job in 2010 after finishing second in the primary, and to his narrow 2014 win over fellow Democrat Marshall Tuck, a Los Angeles charter school advocate with backing from school reform groups.

Tuck has already announced he will seek the job again in 2018.

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. 

However, the Legislative Analyst’s Office surveyed 50 school districts around the state, including the 11 largest, and warned in a January report that not one had proper safeguards to prevent diversion of funds. In Los Angeles Unified, among other districts, the local teachers’ union last summer pointed specifically to new, incoming LCFF dollars as a kitty to tap for pay raises.

In coming months, this issue is likely to emerge as a point of contention in Sacramento because of concerns raised by the California Legislative Black Caucus about State Board of Education rules governing how LCFF funds are used. Here are three of the caucus’ main points:

— Any authority for the use of supplemental or concentration grants to schoolwide and districtwide expenditures must clearly link the services to demonstrated effectiveness in increasing student achievement and closing achievement gaps, and demonstrate that the expenditures are proven effective for “concentrations” of unduplicated children in schools in the district where concentrations exist.

— The terms “most effective” or “effective” should be defined, and at a minimum be tied to demonstrated effectiveness in meeting the “student achievement” goal and closing any persistent achievement gaps or deficiencies as it relates to the unduplicated students, and not just a generic reference to the state priority areas.

— The proposed regulations also do not provide the Board or county superintendents clear standards by which districts must explicitly demonstrate or explain, at a minimum, how expenditures of supplement and concentration grant funds will support services that will actually improve the academic achievement of unduplicated students or close persistent academic achievement gaps.

These concerns are from Assemblywoman Shirley Weber’s remarks to the State Board of Education at its Jan. 16 meeting on behalf of the Black Caucus.

Dan Walters wrote a Feb. 26 column in the Sacramento Bee noting that a “broad coalition of civil rights and education reform groups” had expressed worry about the LCFF not being implemented according to the goals cited in 2013 upon its passage. But this effort seems likely to be much stronger with the aid of state lawmakers.

The Black Caucus has 12 members — Weber, Reginald Byron Jones-Sawyer Sr., Sebastian Ridley-Thomas, Cheryl R. Brown, Autumn Burke, Jim Cooper, Mike Gipson, Christopher Holden, Kevin McCarty and Tony Thurmond in the Assembly, and Isadore Hall III and Holly J. Mitchell in the Senate.