BILL NUMBER: AB 3001 CHAPTERED
BILL TEXT
CHAPTER 902
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE SENATE AUGUST 27, 2004
PASSED THE ASSEMBLY AUGUST 27, 2004
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE AUGUST 24, 2004
AMENDED IN SENATE JUNE 29, 2004
AMENDED IN SENATE JUNE 17, 2004
AMENDED IN ASSEMBLY APRIL 16, 2004
INTRODUCED BY Assembly Members Dymally, Goldberg, Liu, Daucher, and
Runner
(Coauthors: Assembly Members Berg, Calderon, Chan, Chu, Cohn,
Corbett, Diaz, Dutra, Firebaugh, Garcia, Hancock, Jerome Horton,
Shirley Horton, Houston, Laird, Leno, Levine, Lieber, Longville,
Maldonado, Matthews, Montanez, Mullin, Nakano, Negrete-McLeod, Nunez,
Oropeza, Pacheco, Parra, Reyes, Ridley-Thomas, Salinas, Steinberg,
Vargas, Wesson, Wiggins, Wolk, and Yee)
(Coauthors: Senators Alpert, Burton, Chesbro, Ducheny, Dunn,
Escutia, Karnette, Kuehl, Machado, Ortiz, Perata, Romero, Scott,
Soto, and Vasconcellos)
FEBRUARY 20, 2004
An act to amend Sections 42127.6, 44225.6, 44258.9, 44274,
44275.3, 44325, 44453, 44511, 52055.640, and 52059 of the Education
Code, relating to teachers, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3001, Goldberg. Teachers.
(1) Existing law requires the county superintendent of schools to
report to the Superintendent of Public Instruction on the financial
condition of a school district if the county superintendent
determines a school district may be unable to meet its financial
obligations for the current or 2 subsequent fiscal years or if a
school district has a qualified or negative certification. Existing
law requires the county superintendent to take at least one of
certain actions and all actions that are necessary to ensure that the
district meets its financial obligations.
This bill would require those possible actions to include
assigning the Fiscal Crisis and Management Assistance Team to review
district teacher hiring practices, teacher retention rate, percentage
of provision of highly qualified teachers, and the extent of teacher
misassignment and also to provide the district with recommendations
to streamline and improve the teacher hiring process, teacher
retention rate, extent of teacher misassignment, and provision of
highly qualified teachers. The bill would require a school district
that is assigned this review to follow the recommendations made
unless it shows good cause for failure to do so.
(2) Existing law requires the Commission on Teacher Credentialing
to report, by April 15 of each year, to the Legislature and the
Governor on the number of classroom teachers who received
credentials, internships, and emergency permits in the previous
fiscal year. The report is required to include specified
information.
This bill would expand, as specified, the kind of information to
be included in that report.
(3) Existing law requires the county superintendent of schools to
annually monitor and review school district certificated employee
assignment practices according to certain priorities with first
priority going to schools and school districts that are likely to
have problems with teacher misassignment and teacher vacancies based
on past experience or other available information. Existing law
requires a county superintendent of schools to submit an annual
report to the Commission on Teacher Credentialing summarizing the
results of all assignment monitoring and reviews.
This bill would require the county superintendent of schools to
give priority to schools ranked in deciles 1 to 3, inclusive, of the
Academic Performance Index, as defined, if those schools are not
currently under review through a state or federal intervention
program. The bill would require a county superintendent of schools
to investigate school and district efforts to ensure that any
credentialed teacher in an assignment requiring a certificate
authorizing the holder to teach English language development to
English learners or training that authorizes the holder to teach
English language development to English learners completes the
necessary requirements for one of those certificates or completes the
required training.
The bill would require a county superintendent of schools to
submit the annual report summarizing the results of assignment
monitoring and reviews to the department. The bill would require
that report to include information on certificated employee
assignment practices in schools ranked in deciles 1 to 3, inclusive,
of the Academic Performance Index, as defined, to ensure that in any
classes in these schools in which 20% or more pupils are English
learners, the assigned teachers possess a certificate authorizing the
holder to teach English language development to English learners or
have completed training that would authorize them to teach English
language development to English learners or are otherwise authorized
by law to do so. By adding these new requirements to the duties of
county superintendents of schools, the bill would impose a
state-mandated local program.
The bill would require the Superintendent of Public Instruction to
submit a summary of the reports submitted by county superintendents
of schools to the Legislature and would require the Legislature to
hold public hearings on pupil access to teachers and to related
statutory provisions.
(4) Existing law requires the Commission on Teacher Credentialing
to grant an appropriate credential to an applicant from another state
who completes teacher preparation that is at least comparable and
equivalent to preparation that meets teacher preparation standards in
California if the applicant has met the requirements of California
for the basic skills proficiency test and teacher fitness.
This bill would delete the basic skills proficiency test
requirement for these teacher credentialing applicants if the
commission determines, as specified, that the applicant has met a
comparable requirement.
(5) Existing law requires an out-of-state prepared teacher who is
issued a California 5-year preliminary multiple subject, single
subject, or education specialist teaching credential to pass the
state basic skills proficiency test, administered by the Commission
on Teacher Credentialing, within one year of the issuance date of the
credential in order to be eligible to continue teaching.
This bill would delete this requirement, unless the commission
determines, as specified, that the applicant has met a comparable
requirement.
(6) Existing law requires the commission to issue a professional
clear credential to an out-of-state prepared teacher who meets
certain requirements among which are passing the state basic skills
proficiency test administered by the commission and completing the
study of health education and of a fifth-year program at a regionally
accredited institution of higher education.
This bill would delete the requirements regarding the state basic
skills proficiency test and a fifth-year program, unless the
commission determines, as specified, that the applicant has met
comparable requirements. The bill would delete the health education
requirement.
The bill would require the Commission on Teacher Credentialing, by
June 30, 2005, to report to the Legislature and the Governor on the
comparability and equivalency of the preparation of teachers in other
states in the areas of basic skills proficiency and fifth year
programs.
(7) Existing law establishes university and district teacher
intern programs.
This bill would require the Commission on Teacher Credentialing to
ensure that each district and university internship program in
California provides program elements to its interns as required by
the federal No Child Left Behind Act of 2001 and its implementing
regulations.
(8) Existing law establishes the Principal Training Program,
administered by the Superintendent of Public Instruction, with the
approval of the State Board of Education. Incentive funding is
awarded pursuant to the program to provide schoolsite administrators
with instruction and training in areas that include, among others,
school financial and personnel management and the curriculum
frameworks and instructional materials aligned to the state academic
standards.
This bill would require that instruction and training include
instruction related to personnel management, including hiring,
recruitment and retention practices and misassignments of
certificated personnel and that instruction and training in the
curriculum frameworks and instructional materials aligned to the
state academic standard, include ensuring the provision of sufficient
textbooks and instructional materials as required by law.
(9) Existing law establishes within the Public Schools
Accountability Act of 1999, the High Priority Schools Grant Program
and requires a school district that has a school participating in the
program to submit a report to the Superintendent of Public
Instruction that includes specified information.
This bill would require that, commencing with the 2004-05 fiscal
year, for a district with a school initially applying to participate
in the program on or after July 2004, the report include whether at
least 80% of the teachers assigned to the school are credentialed and
the number of classes in which 20% or more pupils are English
learners and assigned to teachers who do not possess a certificate
authorizing the holder to teach English language development to
English learners or have completed training that would authorize them
to teach English language development to English learners or are
otherwise authorized by law to do so.
(10) Existing law requires the State Department of Education to
establish a statewide system of school support that would provide
intensive and sustained support and technical assistance for school
districts, county offices of education, and schools in need of
improvement. Existing law requires the system to provide assistance
by reviewing and analyzing all facets of a school's operation and by
assisting the school in developing recommendations for improving
pupil performance and school operations.
This bill would require the review and analysis to include the
recruitment, hiring, and retention of principals, teachers, and other
staff, including vacancy issues and the roles and responsibilities
of district and school management personnel. The bill would
authorize the system to access the assistance of the Fiscal Crisis
and Management Assistance Team to review district or school
recruitment, hiring, and retention practices. The bill would require
the system also to assist schools and districts in efforts to
eliminate misassignments of certificated personnel.
(11) The bill would declare that the Legislature encourages school
districts to provide all the schools it maintains that are ranked in
deciles 1 to 3, inclusive, of the Academic Performance Index first
priority to review resumes and job applications received by the
district from credentialed teachers.
(12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(13) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42127.6 of the Education Code is amended to
read:
42127.6. (a) (1) A school district shall provide the county
superintendent of schools with a copy of a study, report, evaluation,
or audit that was commissioned by the district, the county
superintendent, the Superintendent of Public Instruction, and state
control agencies and that contains evidence that the school district
is showing fiscal distress under the standards and criteria adopted
in Section 33127, or a report on the school district by the County
Office Fiscal Crisis and Management Assistance Team or any regional
team created pursuant to subdivision (i) of Section 42127.8. The
county superintendent shall review and consider studies, reports,
evaluations, or audits of the school district that contain evidence
that the school district is demonstrating fiscal distress under the
standards and criteria adopted in Section 33127 or that contain a
finding by an external reviewer that more than three of the 15 most
common predictors of a school district needing intervention, as
determined by the County Office Fiscal Crisis and Management
Assistance Team, are present. If these findings are made, the county
superintendent shall investigate the financial condition of the
school district and determine if the school district may be unable to
meet its financial obligations for the current or two subsequent
fiscal years, or should receive a qualified or negative interim
financial certification pursuant to Section 42131. If at any time
during the fiscal year the county superintendent of schools
determines that a school district may be unable to meet its financial
obligations for the current or two subsequent fiscal years or if a
school district has a qualified or negative certification pursuant to
Section 42131, he or she shall notify the governing board of the
school district and the Superintendent of Public Instruction in
writing of that determination and the basis for the determination.
The notification shall include the assumptions used in making the
determination and shall be available to the public. The county
superintendent of schools shall report to the Superintendent of
Public Instruction on the financial condition of the school district
and his or her proposed remedial actions and shall do at least one of
the following and all actions that are necessary to ensure that the
district meets its financial obligations:
(A) Assign a fiscal expert, paid for by the county superintendent,
to advise the district on its financial problems.
(B) Conduct a study of the financial and budgetary conditions of
the district that includes, but is not limited to, a review of
internal controls. If, in the course of this review, the county
superintendent determines that his or her office requires analytical
assistance or expertise that is not available through the district,
he or she may employ, on a short-term basis, with the approval of the
Superintendent of Public Instruction, staff, including certified
public accountants, to provide the assistance and expertise. The
school district shall pay 75 percent and the county office of
education shall pay 25 percent of these staff costs.
(C) Direct the school district to submit a financial projection of
all fund and cash balances of the district as of June 30 of the
current year and subsequent fiscal years as he or she requires.
(D) Require the district to encumber all contracts and other
obligations, to prepare appropriate cashflow analyses and monthly or
quarterly budget revisions, and to appropriately record all
receivables and payables.
(E) Direct the district to submit a proposal for addressing the
fiscal conditions that resulted in the determination that the
district may not be able to meet its financial obligations.
(F) Withhold compensation of the members of the governing board
and the district superintendent for failure to provide requested
financial information. This action may be appealed to the
Superintendent of Public Instruction pursuant to subdivision (b).
(G) Assign the Fiscal Crisis and Management Assistance Team to
review teacher hiring practices, teacher retention rate, percentage
of provision of highly qualified teachers, and the extent of teacher
misassignment in the school district and provide the district with
recommendations to streamline and improve the teacher hiring process,
teacher retention rate, extent of teacher misassignment, and
provision of highly qualified teachers. If a review team is assigned
to a school district, the district shall follow the recommendations
of the team, unless the district shows good cause for failure to do
so. The Fiscal Crisis and Management Assistance Team may not
recommend an action that would abrogate a contract that governs
employment.
(2) Any contract entered into by a county superintendent of
schools for the purposes of this subdivision is subject to the
approval of the Superintendent of Public Instruction.
(3) An employee of a school district who provides information
regarding improper governmental activity, as defined in Section
44112, is entitled to the protection provided pursuant to Article 5
(commencing with Section 44110) of Chapter 1 of Part 25.
(b) Within five days of the county superintendent making the
determination specified in subdivision (a), a school district may
appeal the basis of the determination and any of the proposed actions
that the county superintendent has indicated that he or she will
take to further examine the financial condition of the district. The
Superintendent of Public Instruction shall sustain or deny any or
all parts of the appeal within 10 days.
(c) If, after taking the actions identified in subdivision (a),
the county superintendent determines that a district will be unable
to meet its financial obligations for the current or subsequent
fiscal year, he or she shall notify the school district governing
board and the Superintendent of Public Instruction in writing of that
determination and the basis for that determination. The
notification shall include the assumptions used in making the
determination and shall be provided to the superintendent of the
school district and parent and teacher organization of the district.
(d) Within five days of the county superintendent making the
determination specified in subdivision (c), a school district may
appeal that determination to the Superintendent of Public
Instruction. The Superintendent shall sustain or deny the appeal
within 10 days. If the governing board of the school district
appeals the determination, the county superintendent of schools may
stay any action of the governing board that he or she determines is
inconsistent with the ability of the district to meet its financial
obligations for the current or subsequent fiscal year until
resolution of the appeal by the Superintendent of Public Instruction.
(e) If the appeal described in subdivision (d) is denied or not
filed, or if the district has a negative certification pursuant to
Section 42131, the county superintendent, in consultation with the
Superintendent of Public Instruction, shall take at least one of the
actions described in paragraphs (1) to (5), inclusive, and all
actions that are necessary to ensure that the district meets its
financial obligations and shall make a report to the Superintendent
about the financial condition of the district and remedial actions
proposed by the county superintendent.
(1) Develop and impose, in consultation with the Superintendent of
Public Instruction and the school district governing board, a budget
revision that will enable the district to meet its financial
obligations in the current fiscal year.
(2) Stay or rescind any action that is determined to be
inconsistent with the ability of the school district to meet its
obligations for the current or subsequent fiscal year. This includes
any actions up to the point that the subsequent year's budget is
approved by the county superintendent of schools. The county
superintendent of schools shall inform the school district governing
board in writing of his or her justification for any exercise of
authority under this paragraph.
(3) Assist in developing, in consultation with the governing board
of the school district, a financial plan that will enable the
district to meet its future obligations.
(4) Assist in developing, in consultation with the governing board
of the school district, a budget for the subsequent fiscal year. If
necessary, the county superintendent of schools shall continue to
work with the governing board of the school district until the budget
for the subsequent year is adopted.
(5) As necessary, appoint a fiscal adviser to perform any or all
of the duties prescribed by this section on his or her behalf.
(f) Any action taken by the county superintendent of schools
pursuant to paragraph (1) or (2) of subdivision (e) shall be
accompanied by a notification that shall include the actions to be
taken, the reasons for the actions, and the assumptions used to
support the necessity for these actions.
(g) This section does not authorize the county superintendent to
abrogate any provision of a collective bargaining agreement that was
entered into by a school district prior to the date upon which the
county superintendent of schools assumed authority pursuant to
subdivision (e).
(h) The school district shall pay 75 percent and the county office
of education shall pay 25 percent of the administrative expenses
incurred pursuant to subdivision (e) or costs associated with
improving the district's financial management practices. The
Superintendent of Public Instruction shall develop and distribute to
affected school districts and county offices of education advisory
guidelines regarding the appropriate amount of administrative
expenses charged pursuant to this subdivision.
(i) Notwithstanding Section 42647 or 42650 or any other law, a
county treasurer shall not honor any warrant if, pursuant to Sections
42127 to 42127.5, inclusive, or pursuant to this section, the county
superintendent or the Superintendent of Public Instruction, as
appropriate, has disapproved that warrant or the order on school
district funds for which a warrant was prepared.
(j) Effective upon the certification of the election results for a
newly organized school district pursuant to Section 35763, the
county superintendent of schools may exercise any of the powers and
duties of this section regarding the reorganized school district and
the other affected school districts until the reorganized school
district becomes effective for all purposes in accordance with
Article 4 (commencing with Section 35530) of Chapter 3 of Part 21.
(k) The Superintendent of Public Instruction shall monitor the
efforts of a county office of education in exercising its authority
under this section and may exercise any of that authority if he or
she finds that the actions of the county superintendent of schools
are not effective in resolving the financial problems of the school
district. Upon a decision to exercise the powers of the county
superintendent of schools, the county superintendent of schools is
relieved of those powers assumed by the Superintendent. In addition
to the actions taken by the county superintendent, the Superintendent
of Public Instruction shall take further actions to ensure the
long-term fiscal stability of the district. The county office of
education shall reimburse the Superintendent of Public Instruction
for all of his or her costs in exercising his or her authority under
this subdivision. The Superintendent of Public Instruction shall
promptly notify the county superintendent of schools, the county
board of education, the superintendent of the school district, the
governing board of the school district, the appropriate policy and
fiscal committees of each house of the Legislature, and the
Department of Finance of his or her decision to exercise the
authority of the county superintendent of schools.
SEC. 2. Section 44225.6 of the Education Code is amended to read:
44225.6. (a) By April 15 of each year, the commission shall
report to the Legislature and the Governor on the availability of
teachers in California. This report shall include the following
information:
(1) The number of individuals recommended for credentials by
institutions of higher education and the type of credential or
certificate, or both, for which they were recommended, including
certificates issued pursuant to Sections 42253.3 and 42253.4.
(2) The number of individuals recommended by school districts
operating district internship programs and the type of credential or
certificate, or both, for which they were recommended, including
certificates issued pursuant to Sections 42253.3 and 42253.4.
(3) The number of individuals receiving an initial credential
based on a program completed outside of California and the type of
credential or certificate, or both, for which they were recommended,
including certificates issued pursuant to Sections 42253.3 and
42253.4.
(4) The number of individuals receiving an emergency permit,
credential waiver, or other authorization that does not meet the
definition of a highly qualified teacher under the No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(5) By county and school district, the number of individuals
serving in the following capacities and as a percentage of the total
number of individuals serving as teachers in the county and school
district:
(A) University internship.
(B) District internship.
(C) Preinternship.
(D) Emergency permit.
(E) Credential waiver.
(F) Preliminary or professional clear credential.
(G) An authorization, other than those listed in this paragraph,
that does not meet the definition of a highly qualified teacher under
the No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.)
by category of authorization.
(H) Certificate issued pursuant to Section 42253.3.
(I) Certificate issued pursuant to Section 42253.4.
(J) Certificate of completion issued pursuant to Section 42253.10.
(6) The specific subjects and teaching areas in which there are a
sufficient number of new holders of credentials to fill the positions
currently held by individuals with emergency permits.
(b) The commission shall make this report available to school
districts and county offices of education to assist them in the
recruitment of credentialed teachers and shall make the report and
supporting data publicly available on the commission's Web site.
(c) A common measure of whether teacher preparation programs are
meeting the challenge of preparing increasing numbers of new teachers
is the number of teaching credentials awarded. The number of
teaching credentials recommended by these programs and awarded by the
commission are indicators of the productivity of teacher preparation
programs. The commission shall include in the report prepared for
the Legislature and Governor pursuant to subdivision (a) the total
number of teaching credentials recommended by all accredited teacher
preparation programs authorized by the commission and the number
recommended by each of the following:
(1) The University of California system.
(2) The California State University system.
(3) Independent colleges and universities that offer teacher
preparation programs approved by the commission.
(4) Other institutions that offer teacher preparation programs
approved by the commission.
SEC. 3. Section 44258.9 of the Education Code is amended to read:
44258.9. (a) The Legislature finds that continued monitoring of
teacher assignments by county superintendents of schools will ensure
that the rate of teacher misassignment remains low. To the extent
possible and with funds provided for that purpose, each county
superintendent of schools shall perform the duties specified in
subdivisions (b) and (c).
(b) (1) Each county superintendent of schools shall annually
monitor and review school district certificated employee assignment
practices according to the following priority:
(A) Schools and school districts that are likely to have problems
with teacher misassignment and teacher vacancies based on past
experience or other available information. The county superintendent
of schools shall give priority to schools ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70, if those schools are not
currently under review through a state or federal intervention
program.
(B) All other schools on a four-year cycle.
(2) Each county superintendent of schools shall investigate school
and district efforts to ensure that any credentialed teacher serving
in an assignment requiring a certificate issued pursuant to Section
44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10
completes the necessary requirements for these certificates or
completes the required training.
(3) The Commission on Teacher Credentialing shall be responsible
for the monitoring and review of those counties or cities and
counties in which there is a single school district, including the
Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra,
and the City and County of San Francisco. All information related to
the misassignment of certificated personnel and teacher vacancies
shall be submitted to each affected district within 30 calendar days
of the monitoring activity.
(c) County superintendents of schools shall submit an annual
report to the Commission on Teacher Credentialing and the department
summarizing the results of all assignment monitoring and reviews.
These reports shall include, but need not be limited to, the
following:
(1) The numbers of teachers assigned and types of assignments made
by the governing board of a school district under the authority of
Sections 44256, 44258.2, and 44263.
(2) Information on actions taken by local committees on
assignment, including the number of assignments authorized, subject
areas into which committee-authorized teachers are assigned, and
evidence of any departures from the implementation plans presented to
the county superintendent by school districts.
(3) Information on each school district reviewed regarding
misassignments of certificated personnel, including efforts to
eliminate these misassignments.
(4) Information on certificated employee assignment practices in
schools ranked in deciles 1 to 3, inclusive, of the 2003 base
Academic Performance Index, as defined in subdivision (b) of Section
17592.70, to ensure that, at a minimum, in any class in these schools
in which 20 percent or more pupils are English learners the assigned
teacher possesses a certificate issued pursuant to Section 44253.3
or 44253.4 or has completed training pursuant to Section 44253.10 or
is otherwise authorized by statute.
(5) After consultation with representatives of county
superintendents of schools, other information as may be determined to
be needed by the Commission on Teacher Credentialing.
(d) The Commission on Teacher Credentialing shall submit biennial
reports to the Legislature concerning teacher assignments and
misassignments which shall be based, in part, on the annual reports
of the county superintendents of schools.
(e) (1) The Commission on Teacher Credentialing shall establish
reasonable sanctions for the misassignment of credential holders.
Prior to the implementation of regulations establishing sanctions,
the Commission on Teacher Credentialing shall engage in a variety of
activities designed to inform school administrators, teachers, and
personnel within the offices of county superintendents of schools of
the regulations and statutes affecting the assignment of certificated
personnel. These activities shall include the preparation of
instructive brochures and the holding of regional workshops.
(2) Commencing July 1, 1989, any certificated person who is
required by an administrative superior to accept an assignment for
which he or she has no legal authorization shall, after exhausting
any existing local remedies, notify the county superintendent of
schools in writing of the illegal assignment. The county
superintendent of schools shall, within 15 working days, advise the
affected certificated person concerning the legality of his or her
assignment. There shall be no adverse action taken against a
certificated person who files a notification of misassignment with
the county superintendent of schools. During the period of the
misassignment, the certificated person who files a written
notification with the county superintendent of schools shall be
exempt from the provisions of Section 45034. If it is determined
that a misassignment has taken place, any performance evaluation of
the employee under Sections 44660 to 44664, inclusive, in any
misassigned subject shall be nullified.
(3) The county superintendent of schools shall notify, through the
office of the district superintendent, any certificated school
administrator responsible for the assignment of a certificated person
to a position for which he or she has no legal authorization of the
misassignment and shall advise him or her to correct the assignment
within 30 calendar days. The county superintendent of schools shall
notify the Commission on Teacher Credentialing of the misassignment
if the certificated school administrator has not corrected the
misassignment within 30 days of the initial notification, or if the
certificated school administrator has not described, in writing,
within the 30-day period, to the county superintendent of schools the
extraordinary circumstances which make this correction impossible.
(4) The county superintendent of schools shall notify any
superintendent of a school district in which 5 percent or more of all
certificated teachers in the secondary schools are found to be
misassigned of the misassignments and shall advise him or her to
correct the misassignments within 120 calendar days. The county
superintendent of schools shall notify the Commission on Teacher
Credentialing of the misassignments if the school district
superintendent has not corrected the misassignments within 120 days
of the initial notification, or if the school district superintendent
of schools has not described, in writing, within the 120-day period,
to the county superintendent of schools the extraordinary
circumstances which make this correction impossible.
(f) An applicant for a professional administrative service
credential shall be required to demonstrate knowledge of existing
credentialing laws, including knowledge of assignment authorizations.
(g) The Superintendent of Public Instruction shall submit a
summary of the reports submitted by county superintendents pursuant
to subdivision (c) to the Legislature. The Legislature may hold,
within a reasonable period after receipt of the summary, public
hearings on pupil access to teachers and to related statutory
provisions. The Legislature may also assign one or more of the
standing committees or a joint committee, to determine the following:
(1) The effectiveness of the reviews required pursuant to this
section.
(2) The extent, if any, of vacancies and misassignments.
(3) The need, if any, to assist schools ranked in deciles 1 to 3,
inclusive, of the 2003 base Academic Performance Index, as defined in
subdivision (b) of Section 17592.70, to eliminate vacancies and
misassignments.
SEC. 4. Section 44274 of the Education Code is amended to read:
44274. (a) The commission shall conduct periodic reviews to
determine whether any state has established teacher preparation
standards, including standards for teachers of English learners, that
are at least comparable and equivalent to teacher preparation
standards in California.
(b) If the commission determines, pursuant to subdivision (a),
that the teacher preparation standards established by any state are
at least comparable and equivalent to teacher preparation standards
in California, the commission shall initiate negotiations with that
state to provide reciprocity in teacher credentialing.
(c) (1) The commission shall grant an appropriate credential to
any applicant from another state who completes teacher preparation
that is at least comparable and equivalent to preparation that meets
teacher preparation standards in California, as determined by the
commission pursuant to this section, if the applicant meets the
requirements of California for the basic skills proficiency test
pursuant to subdivision (d) of Section 44275.3 and teacher fitness
pursuant to Sections 44339, 44340, and 44341.
(2) If the commission determines that the teacher licensing body
of another state requires an applicant to demonstrate a level of
basic skills proficiency that is at least comparable to passage of
the state basic skills proficiency test, applicants from that state
are not required to meet the requirements of California for the basic
skills proficiency test.
(d) A reciprocity agreement established pursuant to subdivision
(b) shall not exempt an out-of-state applicant from submitting an
identification card pursuant to Section 44340 and obtaining a
certificate of clearance, credential, permit, or certificate of
eligibility from the commission.
(e) The commission shall issue credentials to out-of-state
prepared teachers based on all of the following:
(1) Equivalent preparation received outside of this state.
(2) Equivalent reading instruction, as determined by the reviews
conducted pursuant to Section 44274.1.
(3) Equivalent subject matter programs or credential emphasis
programs, as determined by the reviews conducted pursuant to Section
44274.1.
SEC. 5. Section 44275.3 of the Education Code is amended to read:
44275.3. Notwithstanding any other provision of law:
(a) It is the intent of the Legislature that both of the following
occur:
(1) That this section provide flexibility to enable school
districts to recruit credentialed out-of-state elementary, secondary,
and special education teachers to relocate to California.
(2) That any and all teachers hired in California pursuant to this
section fully meet the requirements of the State of California or
requirements deemed to be equivalent.
(b) Notwithstanding any other provision of this chapter, the
commission shall issue a five-year preliminary multiple subject or
single subject teaching credential or a five-year preliminary
education specialist credential to any out-of-state prepared teacher
who meets all of the following requirements:
(1) Possesses a baccalaureate degree from a regionally
accredited institution of higher education.
(2) Completed a teacher preparation program at a regionally
accredited institution of higher education.
(3) Successfully completes any criminal background check conducted
pursuant to Sections 44339, 44340, and 44341 for credentialing
purposes.
(4) Earned or qualified for a corresponding elementary, secondary,
or special education teaching credential based upon the out-of-state
teacher preparation program. The commission shall determine the
area of concentration of the California education specialist
credential based on the special education program completed out of
state.
(c) An out-of-state prepared teacher who has been issued a
California five-year preliminary multiple subject, single subject, or
education specialist teaching credential shall pass the state basic
skills proficiency test, administered by the commission pursuant to
Section 44252, within one year of the issuance date of the credential
in order to be eligible to continue teaching pursuant to this
section, unless the commission determines that the teacher licensing
body of the state in which the teacher completed his or her
preparation requires an applicant to demonstrate a level of basic
skills proficiency that is at least comparable to passage of the
state basic skills proficiency test.
(d) The commission shall issue a professional clear credential to
an out-of-state prepared teacher who has met the requirements in
subdivision (b) and who meets the following requirements:
(1) Passage of the state basic skills proficiency test
administered by the commission pursuant to Section 44252, unless the
commission determines that the teacher licensing body of the state in
which the teacher completed his or her preparation requires an
applicant to demonstrate a level of basic skills proficiency that is
at least comparable to passage of the state basic skills proficiency
test.
(2) Demonstration of subject matter competence by completion of
coursework or an examination approved by the commission pursuant to
paragraph (5) of subdivision (b) of Section 44259. Completion of
subject matter in another state that is determined by the commission
to be comparable or equivalent pursuant to paragraph (1) of
subdivision (a) of Section 44274.1 shall meet this requirement.
(3) Completion of a course, or for multiple subject and education
specialist credentials, a course or an examination, on the various
methods of teaching reading pursuant to paragraph (4) of subdivision
(b) of Section 44259. Completion of coursework in another state
determined by the commission to be comparable and equivalent pursuant
to paragraph (2) of subdivision (a) of Section 44274.1 shall meet
this requirement.
(4) Completion of a course or examination on the provisions and
principles of the United States Constitution pursuant to paragraph
(6) of subdivision (b) of Section 44259. Completion of coursework in
another state determined by the commission to be comparable and
equivalent shall meet this requirement.
(5) With the exception of the education specialist credential,
completion of study and field experience in methods of delivering
appropriate educational services to pupils with exceptional needs in
regular education programs. Completion of coursework in another
state determined by the commission to be comparable and equivalent
shall meet this requirement.
(6) Completion of the study of computer-based technology through
demonstration by course or examination of basic competence in the use
of computers in the classroom, and study of advanced computer-based
technology, including the uses of technology in educational settings
pursuant to subparagraph (C) of paragraph (3) of subdivision (c) of
Section 44259. Completion of coursework in another state determined
by the commission to be comparable and equivalent shall meet this
requirement.
(7) Completion of a fifth-year program at a regionally accredited
institution of higher education, except that the commission shall
eliminate this requirement for any candidate who has completed an
induction program for beginning teachers. Completion of preparation
in another state determined by the commission to be comparable and
equivalent to the requirement specified by this paragraph shall meet
this requirement.
(8) A teacher holding a specialist credential pursuant to this
section shall complete the requirements for nonspecial education
pedagogy and a supervised field experience program in general
education pursuant to Section 44265.
(9) A teacher holding a specialist credential pursuant to this
section shall complete a program for the Professional Level II
credential accredited by the Committee on Accreditation, established
pursuant to Section 44373, and the requirements specified in this
subdivision.
SEC. 6. Section 44325 of the Education Code is amended to read:
44325. (a) The Commission on Teacher Credentialing shall issue
district intern credentials authorizing persons employed by a school
district that maintains kindergarten and grades 1 to 12, inclusive,
or that maintains classes in bilingual education to provide classroom
instruction to pupils in those grades and classes in accordance with
the requirements of Section 44830.3. The commission, until January
1, 2008, also shall issue district intern credentials authorizing
persons employed by a school district to provide classroom
instruction to pupils with mild and moderate disabilities in special
education classes, in accordance with the requirements of Section
44830.3.
(b) Each district intern credential is valid for a period of two
years. A credential may be valid for three years if the intern is
participating in a program that leads to the attainment of a
specialist credential to teach pupils with mild and moderate
disabilities or four years if the intern is participating in a
program that leads to the attainment of both a multiple subject or
single subject teaching credential and a specialist credential to
teach pupils with mild and moderate disabilities. Upon the
recommendation of the school district, the commission may grant a
one-year extension of the district intern credential.
(c) The commission shall require each applicant for a district
intern credential to demonstrate that he or she meets all of the
following minimum qualifications for that credential:
(1) The possession of a baccalaureate degree conferred by a
regionally accredited institution of postsecondary education.
(2) The successful passage of the state basic skills proficiency
test administered under Sections 44252 and 44252.5.
(3) The successful completion of the appropriate subject matter
examination administered by the commission, or a commission-approved
subject matter preparation program for the subject areas in which the
district intern is authorized to teach.
(4) The oral language component of the assessment program leading
to the bilingual-crosscultural language and academic development
certificate for persons seeking a district intern credential to teach
bilingual education classes.
(d) The commission shall apply the requirements of Sections 44339,
44340, and 44341 to each applicant for a district intern credential.
(e) The Commission on Teacher Credentialing shall ensure that each
district internship program in California provides program elements
to its interns as required by the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301 et seq.) and its implementing
regulations.
SEC. 7. Section 44453 of the Education Code is amended to read:
44453. (a) For admission to all teaching internship programs
authorized by this article, an applicant shall have a baccalaureate
or higher degree from a regionally accredited institution of
postsecondary education and shall pass a subject matter examination
as provided in Section 44280 or complete a commission-approved
subject matter program as provided in Section 44310.
(b) The Commission on Teacher Credentialing shall ensure that each
university internship program in California provides program
elements to its interns as required by the federal No Child Left
Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and its
implementing regulations.
SEC. 8. Section 44511 of the Education Code is amended to read:
44511. (a) From funds appropriated for the purpose of this
article, the Superintendent of Public Instruction shall award
incentive funding to provide schoolsite administrators with
instruction and training in areas including, but not limited to, the
following:
(1) School financial and personnel management. This training
shall specifically provide instruction related to personnel
management, including hiring, recruitment, and retention practices
and misassignments of certificated personnel.
(2) Core academic standards.
(3) Curriculum frameworks and instructional materials aligned to
the state academic standards, including ensuring the provisions of
textbooks and instructional materials as defined in Section 60119.
(4) The use of pupil assessment instruments, specific ways of
mastering the use of assessment data from the Standardized Testing
and Reporting Program, and school management technology to improve
pupil performance.
(5) The provision of instructional leadership and management
strategies regarding the use of instructional technology to improve
pupil performance.
(6) Extension of the knowledge, skills, and abilities acquired in
the preliminary administrative preparation program that is designed
to strengthen the ability of administrators to serve all pupils in
the school to which they are assigned.
(b) The additional instruction and training areas that may be
considered to improve pupil learning and achievement based upon the
needs of participating schoolsite administrators, include pedagogies
of learning, motivating pupil learning, collaboration, conflict
resolution, diversity, parental involvement, employee relations, and
the creation of effective learning and workplace environments.
(c) All local education agencies are eligible to apply for funds
appropriated for the purpose of this article.
SEC. 9. Section 52055.640 of the Education Code is amended to
read:
52055.640. (a) As a condition of the receipt of funds for the
initial and each subsequent year of funding pursuant to this article
and to ensure that the school is progressing towards meeting the
goals of each of the essential components of its school action plan,
each year the school district shall submit a report to the
Superintendent of Public Instruction that includes the following:
(1) The academic improvement of pupils within the participating
school as measured by the tests under Section 60640 and the progress
made towards achieving English language proficiency as measured by
the English language development test administered pursuant to
Section 60810.
(2) The improvement of distribution of experienced teachers
holding a valid California teaching credential across the district.
Commencing with the 2004-05 fiscal year, for a school district with a
school initially applying to participate in the program on or after
July 1, 2004, the report shall include whether at least 80 percent of
the teachers assigned to the school are credentialed and the number
of classes in which 20 percent or more pupils are English learners
and assigned to teachers who do not possess a certificate issued
pursuant to Section 44253.3, 44253.4, or 44253.7 or have not
completed training pursuant to Section 44253.10, or are not otherwise
authorized by statute to be assigned to those classes. This
paragraph does not relieve a school district from complying with
state or federal law regarding teachers of English learners.
(3) The availability of instructional materials in core content
areas that are aligned with the academic content and performance
standards, including textbooks, for each pupil, including English
language learners.
(4) The number of parents and guardians presently involved at each
participating schoolsite as compared to the number participating at
the beginning of the program.
(5) The number of pupils attending afterschool, tutoring, or
homework assistance programs.
(6) For participating secondary schools, the number of pupils who
are enrolled in and successfully completing advanced placement
courses, by type, and requirements for admission to the University of
California or the California State University, including courses in
algebra, biology, and United States or world history.
(b) The report on the pupil literacy and achievement component
shall be disaggregated by numerically significant subgroups, as
defined in Section 52052, and English language learners and have a
focus on improved scores in reading and mathematics as measured by
the following:
(1) The Academic Performance Index, including the data collected
pursuant to tests that are part of the Standardized Testing and
Reporting Program and the writing sample that is part of that
program.
(2) The results of the primary language test pursuant to Section
60640.
(3) Graduation rates, when the methodology for collecting this
data has been confirmed to be valid and reliable.
(4) In addition, a school may use locally developed assessments to
assist it in determining the pupil progress in academic literacy and
achievement.
(c) The report on the quality of staff component shall include,
but not be limited to, the following information:
(1) The number of teachers at the schoolsite holding a valid
California teaching credential or district or university intern
certificate or credential compared to those teachers at the same
schoolsite holding a preintern certificate, emergency permit, or
waiver.
(2) The number and ratio of teachers across the district holding a
valid California teaching credential or district or university
intern certificate or credential compared to those holding a
preintern certificate, emergency permit, or waiver.
(3) The number of principals having completed training pursuant to
Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25.
(4) The number of principals by credential type or years of
experience and length of time at the schoolsite by years.
(d) The report on the parental involvement component shall include
explicit involvement strategies being implemented at the schoolsite
that are directly linked to activities supporting pupil academic
achievement and verification that the schoolsite has developed a
school-parent compact as required by Section 51101.
(e) All comparisons made in the reports required pursuant to this
section shall be based on baseline data provided by the district and
schoolsite in the action plan that is certified and submitted with
the initial application.
(f) To the extent that data is already reported to the
Superintendent of Public Instruction, a school district need not
include the data in the reports submitted pursuant to this section.
(g) Before submitting the reports required pursuant to this
section, the school district shall, at a regularly scheduled public
meeting of the governing board, review a participating school's
progress towards achieving those goals.
SEC. 10. Section 52059 of the Education Code is amended to read:
52059. (a) For purposes of complying with the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), a Statewide
System of School Support shall be established by the department to
provide a statewide system of intensive and sustained support and
technical assistance for school districts, county offices of
education, and schools in need of improvement. The system shall
consist of regional consortia, which may include county offices of
education and school districts, that work collaboratively with school
districts and county offices of education to meet the needs of
school districts and schools in need of improvement.
(b) The system shall provide assistance to school districts and
schools in need of improvement by:
(1) Reviewing and analyzing all facets of a school's operation,
including the the following:
(A) The design and operation of the instructional program offered
by the school.
(B) The recruitment, hiring, and retention of principals,
teachers, and other staff, including vacancy issues. The system may
request the assistance of the Fiscal Crisis and Management Assistance
Team to review school district or school recruitment, hiring, and
retention practices.
(C) The roles and responsibilities of district and school
management personnel.
(2) Assisting the school in developing recommendations for
improving pupil performance and school operations.
(3) Assisting schools and school districts in efforts to eliminate
misassignments of certificated personnel.
(c) In carrying out this article, the department shall ensure that
support is provided in the following order of priority:
(1) To school districts or county offices of education with
schools that are subject to corrective action under paragraph (7) of
subsection (b) of Section 6316 of Title 20 of the United States Code.
(2) To school districts or county offices of education with
schools that are identified as being in need of improvement pursuant
to subsection (b) of Section 6316 of Title 20 of the United States
Code.
(3) To provide support and assistance to school districts and
county offices of education with schools participating under the No
Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) that need
support and assistance to achieve the purposes of that act.
(4) To provide support and assistance to other school districts
and county offices of education with schools participating in a
program carried out under this chapter.
(d) For purposes of this article, all references to schools shall
include charter schools.
(e) Funds shall be distributed under this article based on the
number of schools and enrollment of those schools in each region that
have been identified as being in need of improvement pursuant to
Section 6316 of Title 20 of the United States Code, or are
participating in the programs conducted under this chapter.
SEC. 11. The Legislature encourages school districts to provide
all the schools it maintains that are ranked in deciles 1 to 3,
inclusive, of the Academic Performance Index first priority to review
resumes and job applications received by the district from
credentialed teachers. It is the intent of the Legislature that
after all schools maintained by the district that are ranked in
deciles 1 to 3, inclusive, of the Academic Performance Index have had
the opportunity to review the resumes and job applications received
by the district from credentialed teachers, a school district make
the resumes and applications available to other schools maintained by
the district. It is not the intent of the Legislature to require,
as a condition of employment, that an applicant teacher accept an
offer from a school ranked in any of deciles 1 to 3, inclusive, of
the Academic Performance Index.
SEC. 12. In developing the annual budget for the 2006-07 fiscal
year and subsequent fiscal years, the Department of Finance, in
consultation with the State Department of Education, shall review the
implementation of legislation enacted pursuant to the settlement
agreement in the case of Williams v. State of California (Super. Ct.,
San Francisco, No. CGC-00-312236) and shall propose whether to use
the Academic Performance Index rankings of later years in determining
the applicability of legislation limited to schools ranked in
deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index.
SEC. 13. By June 30, 2005, the Commission on Teacher Credentialing
shall report to the Legislature and the Governor on the
comparability and equivalency of the preparation of teachers in other
states in the areas of basic skills proficiency and fifth-year
programs, including, but not limited to, the number of states that
have met these requirements.
SEC. 14. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 15. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to ensure that pupils in the public schools have access
to qualified teachers and to implement the settlement agreement in
the case of Williams v. State of California (Super. Ct., San
Francisco, No. CGC-00-312236) as soon as possible, it is necessary
for this act to take effect immediately.