BILL NUMBER: SB 1292 CHAPTERED 09/29/06 CHAPTER 752 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 17, 2006 PASSED THE SENATE MAY 18, 2006 AMENDED IN SENATE MAY 2, 2006 AMENDED IN SENATE APRIL 17, 2006 INTRODUCED BY Senator Scott FEBRUARY 15, 2006 An act to amend Section 442256 of, and to add Section 44253.11 to, the Education Code, relating to teaching credentials. LEGISLATIVE COUNSEL'S DIGEST SB 1292, Scott Teachers: limited-English-proficient pupils. Existing law permits a teacher with a basic teaching credential to be assigned to provide specially designed content instruction delivered in English, as defined, to limited-English-proficient pupils only if certain conditions are met, including that the teacher be, as of January 1, 1999, a permanent employee of a school district, a county office of education, or a school administered under the authority of the Superintendent of Public Instruction and that the teacher complete, before January 1, 2008, 45 clock hours of staff development in methods of specially designed content instruction delivered in English. Existing law requires the Commission on Teacher Credentialing to file a related report with the Legislature by December 4, 2007. This bill would authorize a teacher with a designated subjects teaching credential or a service credential with a special class authorization to be assigned to provide specially designed content instruction delivered in English, as defined, if the teacher completes, or enrolls in, specified staff development training. The bill would require the Commission on Teacher Credentialing, in consultation with the Superintendent of Public Instruction, to establish guidelines, as specified. The bill would require the commission to review staff development programs to determine whether they comply with the established guidelines. The bill would require that a certificate of completion be given to a teacher who completes staff development training, as specified. The bill would require a teacher who receives a certificate or certificates of completion, as specified, to be deemed certificated for specified purposes. The bill would also make conforming, nonsubstantive changes to a related provision of law. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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 44253.3 and 44253.4. (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 44253.3 and 44253.4. (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 44253.3 and 44253.4. (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 federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (d) of Section 44253.11. (6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the 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 federal 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 44253.3. (I) Certificates issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available. (J) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The Commission on Teacher Credentialing may utilize data from the department's Annual Language Census Survey to report the data required pursuant to this paragraph. (7) 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. 2. Section 44253.11 is added to the Education Code, to read: 44253.11. (a) A teacher with a designated subjects teaching credential or a service credential with a special class authorization may be assigned to provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2, to limited-English-proficient pupils if the teacher completes, or is enrolled in, a course of staff development in methods of specially designed content instruction delivered in English for not less than 45 clock hours. (b) The commission, in consultation with the Superintendent, shall establish guidelines for the provision of staff development pursuant to this section that are at least as rigorous as the guidelines established pursuant to Section 44253.10. The commission and the Superintendent may designate guidelines established pursuant to Section 44253.10 in satisfaction of this subdivision. Staff development pursuant to this section shall be consistent with the commission's guidelines. (1) To ensure the highest standards of program quality and effectiveness, the guidelines shall include quality standards applicable to persons who train others to perform staff development training, as well as for persons who provide the training. (2) The guidelines shall require that staff development offered pursuant to this section be aligned with the teacher preparation that leads to the issuance of a certificate pursuant to Section 44253.3, and any amendments made to that section. (3) The guidelines and standards established by the commission to implement this section shall comply with federal law. (4) The commission shall review staff development programs in relation to the guidelines and standards established pursuant to this section. The review shall include all programs offered pursuant to this section. If the commission finds that a program meets the applicable guidelines and standards, the commission shall forward a report of its findings to the chief executive officer of the sponsoring school district, county office of education, or regionally accredited college or university. If the commission finds that a program does not meet the applicable guidelines or standards, or both, the report of the commission shall specify the areas of noncompliance and the time period in which a second review must occur. If a second review reveals a pattern of continued noncompliance with the applicable guidelines or standards, or both, the sponsoring agency shall be prohibited from continuing to offer the program to teachers. (c) The staff development may be sponsored by any school district, county office of education, or regionally accredited college or university that meets the standards included in the guidelines established pursuant to this section or any organization that meets those standards and that is approved by the commission. An equivalent course may be taken by a teacher at a regionally accredited college or university in order to satisfy the staff development requirement described in this section. Once the commission has made a determination that a college or university class is equivalent, no further review of the class shall be required. (d) (1) A teacher who completes the staff development described in this section shall be awarded a certificate of completion in methods of specially designed content instruction delivered in English. (2) A teacher who completes the staff development described in this section may provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2. (3) A teacher who completes the staff development described in this section may not be assigned to provide content instruction delivered in the primary language of the pupil, as defined in subdivision (c) of Section 44253.2. (e) A teacher who completes a staff development program in methods of specially designed content instruction delivered in English pursuant to this section shall receive a certificate of completion from the commission upon submitting an application, a staff development verification form to be furnished by the commission and payment of a fee, as determined by the commission, not to exceed forty-five dollars ($45). (f) The certificate of completion is valid in all public schools. A teacher who has been issued a certificate of completion may be assigned indefinitely to provide the instructional services named on the certificate in any school district, county office of education, or school administered under the authority of the Superintendent. (g) Teacher assignments made in accordance with this section shall be included in the reports required by Sections 44225.6 and 44258.9. (h) The governing board of each school district shall make reasonable efforts to provide limited-English-proficient pupils in need of English language development instruction with teachers who hold appropriate credentials, language development specialist certificates, or cross-cultural language and academic development certificates that authorize English language development instruction. However, any teacher awarded a certificate or certificates of completion pursuant to this section shall be deemed certificated and competent to provide the services listed on that certificate of completion. (i) Any teacher completing staff development pursuant to this section shall be credited with three semester units or four quarter units for each block of 45 clock hours completed for the purpose of meeting the requirements set forth in subdivision (b) of Section 44253.3.