BILL NUMBER: AB 2057 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 7, 2008
PASSED THE ASSEMBLY JULY 15, 2008
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY APRIL 16, 2008
AMENDED IN ASSEMBLY APRIL 1, 2008
INTRODUCED BY Committee on Education (Mullin (Chair), Garrick (Vice
Chair), Brownley, Coto, Eng, Hancock, Huff, Karnette, and Solorio)
FEBRUARY 19, 2008
An act to amend Sections 35535, 44225, 44256, 44263, 44270,
44279.1, 44327, 44865, 49430.7, 52302, 52302.8, 56028, and 56043 of
the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2057, Committee on Education. Education.
(1) Existing law provides for the lapsation of school districts
under certain circumstances. After a hearing on the issues concerning
the lapsation of a school district is held, the county committee on
school district organization or the county board of education, as
appropriate, is required to order the territory of the lapsed school
district to be annexed to one or more adjoining school districts. The
order annexing the territory is effective for all purposes on the
date of the order.
This bill would correct a reference to the county entity that is
required to order the annexation.
(2) Existing law authorizes the Commission on Teacher
Credentialing to review requests from school districts, county
offices of education, private schools, postsecondary institutions,
and individual applicants for the waiver of provisions governing the
preparation or licensing of educators.
This bill would remove individual applicant requests from the
waiver requests the commission is authorized to review.
(3) Existing law requires the Commission on Teacher Credentialing
to establish standards for the issuance and renewal of credentials,
certificates, and permits, including the designated subjects career
technical education teaching credential.
This bill would update references to the designated subjects
vocational teaching credential to the designated subjects career
technical education teaching credential.
(4) Existing law authorizes the Commission on Teacher
Credentialing to waive a subject matter examination authorizing
multiple subject classroom instruction for holders of approved
diversified degrees and, for these purposes, defines "diversified" as
including study in 10 subject areas.
This bill would update a cross-reference to the number of areas
included in a diversified major.
(5) Existing law establishes the California Beginning Teacher
Support and Assessment Program and defines a "beginning teacher" for
purposes of the program.
This bill would revise that definition and delete an obsolete
provision relating to the professional growth requirement.
(6) Existing law sets forth the minimum requirements for a
preliminary multiple or single subject teaching credential. Among
those requirements is satisfactory completion of a program of
professional preparation that has been accredited by the committee on
accreditation on the basis of standards of program quality and
effectiveness that have been adopted by the commission. Programs that
meet this requirement for professional preparation include
internship programs of professional preparation.
This bill would delete obsolete provisions prohibiting the
Commission on Teacher Credentialing from approving district intern
programs and requiring the commission to review district intern
programs on the basis of standards related to the quality of the
training, support, evaluation, and performance of district interns.
(7) Existing law provides that a valid teaching credential issued
by the State Board of Education or the Commission for Teacher
Preparation and Licensing qualifies the holder for assignment as a
teacher in specified assignments, including home teacher, adult
education, hospital classes, continuation schools, juvenile court
schools, and county community schools, if the teacher consents to the
assignment.
This bill would update the reference to the Commission for Teacher
Preparation and Licensing to the Commission on Teacher Credentialing
and add independent study to the assignments that may be made.
(8) The Child Nutrition Act of 1974 authorizes a child nutrition
entity, as defined, to apply to the State Department of Education for
all available federal and state funds so that a nutritionally
adequate breakfast or lunch, or both, may be provided to pupils.
The Pupil Nutrition, Health, and Achievement Act of 2001 requires
a school to be reimbursed $0.21 for free and reduced-price meals sold
or served to pupils. To qualify for this reimbursement, a school is
required, and a child development program is encouraged, to comply
with specified nutrition-related prohibitions and requirements, among
which is a prohibition against selling or serving a food item
containing artificial trans fat. As a condition of receiving the
$0.21 reimbursement, a school and school district is required, no
later than June 30, 2008, to provide the State Department of
Education with a one-time certification of compliance with these
prohibitions and requirements.
This bill would require a school and school district to make this
certification annually.
(9) Existing law requires a regional occupational center or
program to develop a plan for establishing occupational sequences of
courses by July 1, 2008, to present the plan to the governing board
of each school district served by the center or program, the county
board of education, and the governing board of community college
districts with an articulated program, to submit to the local
community colleges and the Superintendent of Public Instruction a
copy of the approved plan also by July 1, 2008, and to submit an
update to the plan to the local community colleges and the
Superintendent every 4 years after July 1, 2008.
This bill would require a center or program instead to submit the
approved plan by September 1, 2008, and the updates on or before July
1 every 4 years after that date.
(10) Existing law provides for a 3 part phase-in between July 1,
2008, and July 1, 2013, of a reduction in the amount of state-funded
average daily attendance that a regional occupation center or program
may claim for services provided to students who are not enrolled in
grades 9 to 12.
This bill would provide that the first part of the phase-in
applies to the 2008-09 fiscal year, the 2nd part of the phase-in
applies to the 2009-10 fiscal year, and the final part of the
phase-in applies to the 2011-12 fiscal year and every fiscal year
thereafter.
(11) Existing law defines "parent" for purposes of provisions
governing special education and specifies the purposes for which the
definition of "parent" extends if a judicial decree or order
identifies the person who is defined as a parent.
This bill would include in that definition a responsible adult
appointed in accordance with specified provisions of the Welfare and
Institutions Code and would broaden the purposes for which the
definition of "parent" extends if a judicial decree or order
identifies the person who is defined as a parent.
(12) Existing law sets specified timelines affecting special
education programs and also sets forth those timelines in one
provision.
This bill would update the provision that sets forth those
timelines in one provision and changes a cross-reference.
AB 2057, Committee on Education. Education.
(1) Existing law provides for the lapsation of school districts
under certain circumstances. After a hearing on the issues concerning
the lapsation of a school district is held, the county committee on
school district organization or the county board of education, as
appropriate, is required to order the territory of the lapsed school
district to be annexed to one or more adjoining school districts. The
order annexing the territory is effective for all purposes on the
date of the order.
This bill would correct a reference to the county entity that is
required to order the annexation.
(2) Existing law authorizes the Commission on Teacher
Credentialing to review requests from school districts, county
offices of education, private schools, postsecondary institutions,
and individual applicants for the waiver of provisions governing the
preparation or licensing of educators.
This bill would remove individual applicant requests from the
waiver requests the commission is authorized to review.
(3) Existing law requires the Commission on Teacher Credentialing
to establish standards for the issuance and renewal of credentials,
certificates, and permits, including the designated subjects career
technical education teaching credential.
This bill would update references to the designated subjects
vocational teaching credential to the designated subjects career
technical education teaching credential.
(4) Existing law authorizes the Commission on Teacher
Credentialing to waive a subject matter examination authorizing
multiple subject classroom instruction for holders of approved
diversified degrees and, for these purposes, defines "diversified" as
including study in 10 subject areas.
This bill would update a cross-reference to the number of areas
included in a diversified major.
(5) Existing law establishes the California Beginning Teacher
Support and Assessment Program and defines a "beginning teacher" for
purposes of the program.
This bill would revise that definition and delete an obsolete
provision relating to the professional growth requirement.
(6) Existing law sets forth the minimum requirements for a
preliminary multiple or single subject teaching credential. Among
those requirements is satisfactory completion of a program of
professional preparation that has been accredited by the committee on
accreditation on the basis of standards of program quality and
effectiveness that have been adopted by the commission. Programs that
meet this requirement for professional preparation include
internship programs of professional preparation.
This bill would delete obsolete provisions prohibiting the
Commission on Teacher Credentialing from approving district intern
programs and requiring the commission to review district intern
programs on the basis of standards related to the quality of the
training, support, evaluation, and performance of district interns.
(7) Existing law provides that a valid teaching credential issued
by the State Board of Education or the Commission for Teacher
Preparation and Licensing qualifies the holder for assignment as a
teacher in specified assignments, including home teacher, adult
education, hospital classes, continuation schools, juvenile court
schools, and county community schools, if the teacher consents to the
assignment.
This bill would update the reference to the Commission for Teacher
Preparation and Licensing to the Commission on Teacher Credentialing
and add independent study to the assignments that may be made.
(8) The Child Nutrition Act of 1974 authorizes a child nutrition
entity, as defined, to apply to the State Department of Education for
all available federal and state funds so that a nutritionally
adequate breakfast or lunch, or both, may be provided to pupils.
The Pupil Nutrition, Health, and Achievement Act of 2001 requires
a school to be reimbursed $0.21 for free and reduced-price meals sold
or served to pupils. To qualify for this reimbursement, a school is
required, and a child development program is encouraged, to comply
with specified nutrition-related prohibitions and requirements, among
which is a prohibition against selling or serving a food item
containing artificial trans fat. As a condition of receiving the
$0.21 reimbursement, a school and school district is required, no
later than June 30, 2008, to provide the State Department of
Education with a one-time certification of compliance with these
prohibitions and requirements.
This bill would require a school and school district to make this
certification annually.
(9) Existing law requires a regional occupational center or
program to develop a plan for establishing occupational sequences of
courses by July 1, 2008, to present the plan to the governing board
of each school district served by the center or program, the county
board of education, and the governing board of community college
districts with an articulated program, to submit to the local
community colleges and the Superintendent of Public Instruction a
copy of the approved plan also by July 1, 2008, and to submit an
update to the plan to the local community colleges and the
Superintendent every 4 years after July 1, 2008.
This bill would require a center or program instead to submit the
approved plan by September 1, 2008, and the updates on or before July
1 every 4 years after that date.
(10) Existing law provides for a 3 part phase-in between July 1,
2008, and July 1, 2013, of a reduction in the amount of state-funded
average daily attendance that a regional occupation center or program
may claim for services provided to students who are not enrolled in
grades 9 to 12.
This bill would provide that the first part of the phase-in
applies to the 2008-09 fiscal year, the 2nd part of the phase-in
applies to the 2009-10 fiscal year, and the final part of the
phase-in applies to the 2011-12 fiscal year and every fiscal year
thereafter.
(11) Existing law defines "parent" for purposes of provisions
governing special education and specifies the purposes for which the
definition of "parent" extends if a judicial decree or order
identifies the person who is defined as a parent.
This bill would include in that definition a responsible adult
appointed in accordance with specified provisions of the Welfare and
Institutions Code and would broaden the purposes for which the
definition of "parent" extends if a judicial decree or order
identifies the person who is defined as a parent.
(12) Existing law sets specified timelines affecting special
education programs and also sets forth those timelines in one
provision.
This bill would update the provision that sets forth those
timelines in one provision and changes a cross-reference.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35535 of the Education Code is amended to read:
35535. An order of a county committee attaching the territory of
a lapsed district to one or more adjoining districts shall be
effective for all purposes on the date of the order.
SEC. 2. Section 44225 of the Education Code is amended to read:
44225. The commission shall do all of the following:
(a) Establish professional standards, assessments, and
examinations for entry and advancement in the education profession.
While the Legislature recognizes that the commission will exercise
its prerogative to determine those requirements, it is the intent of
the Legislature that standards, assessments, and examinations be
developed and implemented for the following:
(1) The preliminary teaching credential, to be granted upon
possession of a baccalaureate degree from a regionally accredited
institution in a subject other than professional education,
completion of an accredited program of professional preparation, and
either successful passage of an examination or assessment that has
been adopted or approved by the commission in the subject or subjects
appropriate to the grade level to be taught, to include
college-level reading, writing, and mathematics skills, or completion
of an accredited program of subject matter preparation and
successful passage of the basic skills proficiency test as provided
for in Article 4 (commencing with Section 44250). The commission
shall uniformly consider the results of the basic skills proficiency
test in conjunction with other pertinent information about the
qualifications of each candidate for a preliminary credential, and
may award the credential on the basis of the overall performance of a
candidate as measured by several criteria of professional
competence, provided that each candidate meets minimum standards set
by the commission on each criterion. Upon application by a regionally
accredited institution of higher education, the commission may
categorically grant credit to coursework completed in an accredited
program of professional preparation, as specified by this paragraph,
by undergraduates of that institution, where the commission finds
there are adequate assurances of the quality of necessary
undergraduate instruction in the liberal arts and in the subject area
or areas to be taught.
(2) The professional teaching credential, to be granted upon
successful passage of a state examination or assessment in the
subject or subjects appropriate to the grade level to be taught, to
include college-level basic reading, writing, and mathematics skills,
and completion of a period of beginning teacher support that
includes assessments of ability to teach subject matter to pupils,
ability to work well with pupils, classroom management, and
instructional skills. A candidate who successfully passes the
examination or assessment pursuant to paragraph (1) shall be deemed
to have passed the state examination or assessment in the subject or
subjects to be taught pursuant to this paragraph.
(b) Reduce and streamline the credential system to ensure teacher
competence in the subject field or fields, while allowing greater
flexibility in staffing local schools. The commission shall award the
following types of credentials to applicants whose preparation and
competence satisfy its standards:
(1) Basic teaching credentials for teaching in kindergarten, or
any of the grades 1 to 12, inclusive, in public schools in this
state.
(2) Credentials for teaching adult education classes and
vocational education classes.
(3) Credentials for teaching specialties, including, but not
necessarily limited to, bilingual education, early childhood
education, and special education. The commission may grant
credentials to any candidate who concurrently meets the commission's
standards of preparation and competence for the preliminary basic
teaching credential and the preliminary specialty credential.
(4) Credentials for school services, for positions including, but
not limited to, administrators, school counselors, speech-language
therapists, audiologists, school psychologists, library media
teachers, supervisors of attendance, and school nurses.
The commission may establish standards and requirements for
preliminary and professional credentials of each type.
(c) Review and, if necessary, revise the code of ethics for the
teaching profession.
(d) Establish standards for the issuance and renewal of
credentials, certificates, and permits. In setting standards, the
commission shall seek to ensure, through its credentialing of
teachers, that public school teachers satisfy all of the following
criteria:
(1) Are academically talented.
(2) Are knowledgeable of the subjects to be taught in the
classroom.
(3) Are creative and energetic.
(4) Have the human skills to motivate and inspire pupils to
achieve their goals.
(5) Have the sensitivity to foster self-esteem in pupils through
recognition that each pupil has his or her own goals, talents, and
levels of development.
(6) Be willing to relate the educational process and their
instructional strategies to meet the needs of pupils.
(7) Are able to work effectively with and motivate pupils from a
variety of ethnic, socioeconomic, cultural, academic, and linguistic
backgrounds.
(8) Have an understanding of principles and laws related to
educational equity, and the equitable practice of the profession of
education among all pupils regardless of their ethnicity, race,
gender, age, religious background, primary language, or disabling
condition.
(e) Determine the scope and authorization of credentials, to
ensure competence in teaching and other educational services, and
establish sanctions for the misuse of credentials and the
misassignment of credentialholders. The commission may grant an added
or supplementary authorization to a credentialholder who has met the
requirements and standards of the commission for the added or
supplementary authorization. The commission shall exempt the holder
of a teaching credential obtained prior to January 1, 1974, who adds
an authorization by successfully completing a commission-approved
subject matter examination, from the requirements of subdivision (e)
of Section 44259 and Sections 44261, 44261.5, and 44261.7.
(f) Collect, compile, and disseminate information regarding
exemplary practices in supporting and assessing beginning teachers.
(g) Establish alternative methods for entry into the teaching
profession, and into other certificated roles in the schools, by
persons in varying circumstances, including persons who have been
educated outside of California, provided that each applicant
satisfies all of the requirements established by the commission. One
alternative method shall be the successful completion of at least two
years of classroom instruction under a district intern certificate,
pursuant to Article 7.5 (commencing with Section 44325). In
establishing alternative methods for entry into the teaching
profession, the commission shall develop strategies to encourage
classroom aides to become credentialed teachers.
(h) Adopt a framework and general standards for the accreditation
of preparation programs for teachers and other certificated educators
pursuant to Article 7 (commencing with Section 44320).
(i) Appoint classroom teachers, school administrators, other
school services personnel, representatives of the public, and public
or private higher education representatives to one or more standing
committees, which shall be given authority to recommend to the
commission standards relating to examinations, performance
assessments, program accreditation, and licensing. The commission
shall establish criteria for membership on those committees, and
shall determine the terms of committee members. Appointments to
standing committees by the commission shall reflect, to the extent
feasible, the ethnic and cultural diversity of the California public
schools.
(j) Consult with classroom teachers, faculty members from
institutions of higher education that maintain accredited programs of
professional preparation for teachers, administrators or other
school services personnel, and other experts to aid in the
development of examinations and assessments, and to study the impact
of examinations and assessments on the teaching profession. To
increase the fairness of its certification decisions, the commission
may uniformly consider the results of tests, subtests, and
assessments in conjunction with each other, and in conjunction with
other pertinent information about the qualifications of each
candidate. The commission may award credentials on the basis of
average overall performances by candidates on several criteria of
professional competence, provided that each candidate meets minimum
standards set by the commission on each criterion.
(k) Adopt standards for all examinations and assessments which
shall ensure that all prospective teachers demonstrate an
understanding of the history and cultures of the major ethnic
populations of this state and of teaching strategies for the
acquisition of English language skills by non-English-speaking
pupils.
() Determine the terms of credentials, certificates, and permits,
except that no credential, certificate, or permit shall be valid for
more than five years from the date of issuance. This article shall
govern the issuance of any credential, certificate, or permit, except
as follows:
(1) A credential, certificate, or permit shall remain in force as
long as it is valid and continues to be valid under the laws and
regulations that were in effect when it was issued.
(2) The commission shall grant teaching credentials pursuant to
statutes that were in effect on December 31, 1988, to candidates who,
prior to the effective date of regulations to implement subdivision
(a), are in the process of meeting the requirements for teaching
credentials that were in effect on December 31, 1988, except that
neither enrollment as an undergraduate student nor receipt of a
baccalaureate degree from a regionally accredited institution prior
to the effective date of the regulations shall, by themselves, exempt
a candidate from the requirements of subdivision (a). Enrollment in
a preparation program for teachers prior to the effective date of the
regulations shall not exempt a candidate from the requirements of
paragraph (2) of subdivision (a), if the preliminary credential of
the candidate was granted after the effective date of the
regulations.
(m) Review requests from school districts, county offices of
education, private schools, and postsecondary institutions for the
waiver of one or more of the provisions of this chapter or other
provisions governing the preparation or licensing of educators. The
commission may grant a waiver upon its finding that professional
preparation equivalent to that prescribed under the provision or
provisions to be waived will be, or has been, completed by the
credential candidate or candidates affected or that a waiver is
necessary to accomplish any of the following:
(1) Give a local educational agency one semester or less to
address unanticipated, immediate, short-term shortages of fully
qualified educators by assigning a teacher who holds a basic teaching
credential to teach outside of his or her credential authorization,
with the teacher's consent.
(2) Provide credential candidates additional time to complete a
credential requirement.
(3) Allow local school districts or schools to implement an
education reform or restructuring plan.
(4) Temporarily exempt from a specified credential requirement
small, geographically isolated regions with severely limited ability
to develop personnel.
(5) Provide other temporary exemptions when deemed appropriate by
the commission.
No provision in this chapter may be waived under Section 33050 and
33051, after June 30, 1994, by the State Board of Education.
(n) It is the intent of the Legislature that the commission
develop models for voluntary use by California colleges and
universities that do not have these models in place, to assist in the
screening of applications for admission to teacher education
programs. The models shall give emphasis to the following
qualifications of the applicants: academic talent, knowledge of
subjects to be taught, basic academic skills, creativity, experience
in working with children and adolescents, ability to motivate and
inspire pupils, and willingness to relate education to pupils with a
wide variety of cultural, ethnic, and academic backgrounds. The
commission may continue to administer the state basic skills
proficiency test, in order (1) to utilize the results of this test in
awarding preliminary teaching credentials and emergency permits, and
(2) to enable colleges and universities to utilize this test in
conjunction with other appropriate sources of information in teacher
preparation admission decisions. However, it is the intent of the
Legislature that applicants for admission to teacher preparation
programs may not be denied admission solely on the basis of state
basic skills proficiency test results. The commission may recover the
costs of administering and developing the test by charging examinees
a fee for taking the test.
(o) It is the intent of the Legislature that the commission
encourage colleges and universities to design and implement, by
August 1, 1990, concentrated internship programs for persons who have
attained a bachelor's degree in the field in which they intend to
teach. Those programs would be targeted at subject area shortages,
would substitute for conventional training programs, and would
include a full summer session of college-level coursework, a one-year
internship, or the equivalent, a seminar throughout the internship,
and a summer session following the internship. Educator preparation
through internship programs shall be subject to Article 10
(commencing with Section 44370).
(p) Grant a field placement certificate to any candidate who has
been admitted to an accredited program of professional preparation,
and who must complete a supervised practicum in public elementary or
secondary schools as a condition for completion of the program. The
commission shall establish standards for the issuance of field
placement certificates.
(q) Propose appropriate rules and regulations to implement the act
which enacts this section.
(r) Adopt subject matter assessments for teaching credentials
after developing those assessments jointly with the Superintendent.
SEC. 3 Section 44256 of the Education Code is amended to read:
44256. Authorization for teaching credentials shall be of four
basic kinds, as defined below:
(a) "Single subject instruction" means the practice of assignment
of teachers and students to specified subject matter courses, as is
commonly practiced in California high schools and most California
junior high schools. The holder of a single subject teaching
credential or a standard secondary credential or a special secondary
teaching credential, as defined in this subdivision, who has
completed 20 semester hours of coursework or 10 semester hours of
upper division or graduate coursework approved by the commission at
an accredited institution in any subject commonly taught in grades 7
to 12, inclusive, other than the subject for which he or she is
already certificated to teach, shall be eligible to have this subject
appear on the credential as an authorization to teach this subject.
The commission, by regulation, may require that evidence of
additional competence is a condition for instruction in particular
subjects, including, but not limited to, foreign languages. The
commission may establish and implement alternative requirements for
additional authorizations to the single subject credential on the
basis of specialized needs. For purposes of this subdivision, a
special secondary teaching credential means a special secondary
teaching credential issued on the basis of at least a baccalaureate
degree, a student teaching requirement, and 24 semester units of
coursework in the subject specialty of the credential.
(b) "Multiple subject instruction" means the practice of
assignment of teachers and students for multiple subject matter
instruction, as is commonly practiced in California elementary
schools and as is commonly practiced in early childhood education.
The holder of a multiple subject teaching credential or a standard
elementary credential who has completed 20 semester hours of
coursework or 10 semester hours of upper division or graduate
coursework approved by the commission at an accredited institution in
any subject commonly taught in grades 9 and below shall be eligible
to have that subject appear on the credential as authorization to
teach the subject in departmentalized classes in grades 9 and below.
The governing board of a school district by resolution may authorize
the holder of a multiple subject teaching credential or a standard
elementary credential to teach any subject in departmentalized
classes to a given class or group of students below grade 9, provided
that the teacher has completed at least 12 semester units, or six
upper division or graduate units, of coursework at an accredited
institution in each subject to be taught. The authorization shall be
with the teacher's consent. However, the commission, by regulation,
may provide that evidence of additional competence is necessary for
instruction in particular subjects, including, but not limited to,
foreign languages. The commission may establish and implement
alternative requirements for additional authorizations to the
multiple subject credential on the basis of specialized needs.
(c) "Specialist instruction" means any specialty requiring
advanced preparation or special competence, including, but not
limited to, reading specialist, mathematics specialist, specialist in
special education, or early childhood education, and such other
specialties as the commission may determine.
(d) "Designated subjects" means the practice of assignment of
teachers and students to designated technical, trade, or career
technical courses which courses may be part of a program of trade,
technical, or career technical education.
SEC. 4. Section 44263 of the Education Code is amended to read:
44263. A teacher licensed pursuant to the provisions of this
article may be assigned, with his or her consent, to teach a single
subject class in which he or she has 18 semester hours of coursework
or nine semester hours of upper division or graduate coursework or a
multiple subject class if he or she holds at least 60 semester hours
equally distributed among the 10 areas of a diversified major set
forth in Section 44314. A three-semester-unit variance in any of the
required four areas may be allowed. The governing board of the school
district by resolution shall provide specific authorization for the
assignment. The authorization of the governing board shall remain
valid for one year and may be renewed annually.
SEC. 5. Section 44270 of the Education Code is amended to read:
44270. (a) The minimum requirements for the preliminary services
credential with a specialization in administrative services are all
of the following:
(1) Possession of one of the following:
(A) A valid teaching credential requiring the possession of a
baccalaureate degree and a professional preparation program including
student teaching.
(B) A valid designated subjects career technical education, adult
education, or special subjects teaching credential, as specified in
Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the
candidate also possesses a baccalaureate degree.
(C) A valid services credential with a specialization in pupil
personnel, health, or clinical or rehabilitative services, as
specified in Section 44266, 44267, 44267.5, or 44268, or a valid
services credential authorizing service as a teacher librarian, as
specified in Section 44269.
(D) A valid credential issued under the laws, rules, and
regulations in effect on or before December 31, 1971, which
authorizes the same areas as in subparagraphs (B) and (C).
(2) Completion of a minimum of three years of successful,
full-time classroom teaching experience in the public schools,
including, but not limited to, service in state- or county-operated
schools, or in private schools of equivalent status or three years of
experience in the fields of pupil personnel, health, clinical or
rehabilitative, or librarian services.
(3) Completion of an entry-level program of specialized and
professional preparation in administrative services approved by the
commission or a one-year internship in a program of supervised
training in administrative services, approved by the commission as
satisfying the requirements for the preliminary services credential
with a specialization in administrative services.
(4) Current employment in an administrative position after
completion of professional preparation as defined in paragraph (3),
whether full or part time, in a public school or private school of
equivalent status. The commission shall encourage school districts to
consider the recency of preparation or professional growth in school
administration as one of the criteria for employment.
(b) The preliminary administrative services credential shall be
valid for a period of five years from the date of initial employment
in an administrative position, whether full or part time, and shall
not be renewable.
(c) A candidate who completed, by September 30, 1984, the
requirements for the administrative services credential in effect on
June 30, 1982, is eligible for the credential authorized under those
requirements. All other candidates shall satisfy the requirements set
forth in this section.
SEC. 6. Section 44279.1 of the Education Code is amended to read:
44279.1. (a) The Legislature finds and declares that the
beginning years of the career of a teacher are a critical time in
which it is necessary that intensive professional development and
assessment occur. The Legislature recognizes that the public invests
heavily in the preparation of prospective teachers, and that more
than one-half of all new teachers leave some California school
districts after one or two years in the classroom. Intensive
professional development and assessment are necessary to build on the
preparation that precedes initial certification, to transform
academic preparation into practical success in the classroom, to
retain greater numbers of capable beginning teachers, and to remove
novices who show little promise as teachers. It is the intent of the
Legislature that the commission and the Superintendent develop and
implement policies to govern the support and assessment of beginning
teachers, as a condition for the professional certification of those
teachers in the future.
(b) There is hereby established the California Beginning Teacher
Support and Assessment System, to be administered jointly by the
commission and the Superintendent. In administering the system, the
commission and the Superintendent shall approve the most
cost-effective programs of support and assessment. The commission and
the Superintendent also shall ensure that programs meet the
Standards of Quality and Effectiveness for Beginning Teacher Support
and Assessment Programs adopted by the commission in 1997 and that
local programs support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission in January 1997. The system shall do all of
the following:
(1) Provide an effective transition into the teaching career for
first-year and second-year teachers in California.
(2) Improve the educational performance of pupils through improved
training, information, and assistance for new teachers.
(3) Enable beginning teachers to be effective in teaching pupils
who are culturally, linguistically, and academically diverse.
(4) Ensure the professional success and retention of new teachers.
(5) Ensure that a support provider provides intensive
individualized support and assistance to each participating beginning
teacher.
(6) Improve the rigor and consistency of individual teacher
performance assessments and the usefulness of assessment results to
teachers and decisionmakers.
(7) Establish an effective, coherent system of performance
assessments that are based on the California Standards for the
Teaching Profession adopted by the commission in January 1997.
(8) Examine alternative ways in which the general public and the
educational profession may be assured that new teachers who remain in
teaching have attained acceptable levels of professional competence.
(9) Ensure that an individual induction plan is in place for each
participating beginning teacher and is based on an ongoing assessment
of the development of the beginning teacher.
(10) Ensure continuous program improvement through ongoing
research, development, and evaluation.
(c) Participation in the system shall be voluntary for teachers,
school districts, and county offices of education and participation
by certificated employees shall not be made a condition of
employment. The commission and the Superintendent shall adopt and
implement criteria and standards for participation in the system,
including criteria regarding the eligibility of teachers and
standards of local program quality and intensity for schools, school
districts, county offices of education, colleges, universities, and
other educational and professional organizations. The criteria and
standards shall be consistent with the purposes of the system.
(d) (1) For purposes of this article, unless the context otherwise
requires, "beginning teacher" means a teacher with a valid
California credential, as defined in Section 44259.
(2) For purposes of this article, "beginning teacher" does not
include a teacher with a life credential, a clear credential, or a
professional clear teaching credential who returns to serve in a
certificated teaching position.
(e) Subject to verification and approval by an induction program
director, a beginning teacher shall not be required to demonstrate
that an induction standard has been met, or complete an element of an
approved induction program designed to assist a candidate in
mastering a given standard, if the candidate previously met the
induction standard while participating in a commission-approved
preparation program.
(f) The Superintendent and the commission shall disseminate the
California Standards for the Teaching Profession adopted by the
commission in January 1997 to colleges, universities, school
districts, county offices of education,
and professional associations, who shall be
encouraged to use the standards in efforts to improve teacher
preparation and support programs. Performance assessments developed
under this article shall be designed to provide useful, helpful
feedback to beginning teachers and their support providers. That
information shall not be used for employment-related evaluations, as
a condition of employment, or as a basis for terminating employment.
(g) It is the intent of the Legislature that the commission and
the Superintendent establish a statewide teacher induction program
that supports locally designed, high-quality induction programs that
provide individualized support and formative assessment for all
participating beginning teachers as defined in subdivision (d). At
the discretion of the local beginning teacher support and assessment
system teacher induction program, funds allocated to a program on the
basis of eligible beginning teachers may be used to provide support,
assistance, and preparation services to other credential candidates
who are in their first or second year of employment as a classroom
teacher.
(h) This article shall be known, and may be cited, as the Marian
Bergeson Beginning Teacher Support and Assessment System.
SEC. 7. Section 44327 of the Education Code is amended to read:
44327. On or before July 1, 1995, the commission, in consultation
with participating school districts and other affected
organizations, shall revise existing standards and adopt additional
standards, as necessary, related to the quality of the training,
support, evaluation, and performance of district interns. The
standards shall be appropriate for an alternative program of teacher
recruitment, preparation, and certification. Each school district
with a district intern program is responsible for maintaining
appropriate records of the program so that the credit earned by each
district intern is transferable to his or her academic record in the
same manner as if the intern had participated in a college or
university program. To the extent feasible, the standards shall also
be equivalent to the standards of the commission for professional
preparation programs in colleges and universities.
SEC. 8. Section 44865 of the Education Code is amended to read:
44865. A valid teaching credential issued by the State Board or
the Commission on Teacher Credentialing, based on a bachelor's
degree, student teaching, and special fitness to perform, shall be
deemed qualifying for assignment as a teacher in the following
assignments, provided that the assignment of a teacher to a position
for which qualifications are prescribed by this section shall be made
only with the consent of the teacher:
(a) Home teacher.
(b) Classes organized primarily for adults.
(c) Hospital classes.
(d) Necessary small high schools.
(e) Continuation schools.
(f) Alternative schools.
(g) Opportunity schools.
(h) Juvenile court schools.
(i) County community schools.
(j) District community day schools.
(k) Independent study.
SEC. 9. Section 49430.7 of the Education Code is amended to read:
49430.7. (a) For purposes of this section, the following terms
have the following meanings:
(1) "School" means a school operated and maintained by a school
district or county office of education, or a charter school.
(2) "School district" means a school district, charter school, or
county office of education.
(3) "Child development program" means a program operated pursuant
to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1
of Title 1.
(b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
school or school district shall comply with all of the following
requirements and prohibitions:
(1) Follow the United States Department of Agriculture (USDA)
nutritional guidelines or the menu planning options of Shaping Health
as Partners in Education developed by the state (SHAPE California
network).
(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.
(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this paragraph include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
(c) Commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
child development program is encouraged to comply with all of the
following guidelines:
(1) Meet developmentally and programmatically appropriate meal
pattern and meal planning requirements developed by the USDA or menu
planning options of Shaping Health as Partners in Education developed
by the state (SHAPE California network).
(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or
child development program.
(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
(d) The prohibitions and requirements of this section regarding
food items sold or served by a school or school district apply to raw
bulk USDA commodity foods ordered by schools or school districts and
sent to commercial processors for conversion into ready to use end
products, but do not apply to other USDA commodity foods until the
scheduled 2009 reauthorization of the USDA National School Lunch
Program is complete or ingredient and nutrition information is
available for all USDA commodity foods, whichever is earlier.
(e) As a condition of receipt of funds pursuant to Section
49430.5, by no later than June 30, 2008, and annually thereafter,
schools and school districts shall provide the department with an
annual certification of compliance with the provisions of this
section.
(f) This section shall become operative only upon an appropriation
for its purposes in the annual Budget Act or another statute.
SEC. 10. Section 52302 of the Education Code is amended to read:
52302. (a) On or before July 1, 2010, the governing board of each
regional occupational center or program shall ensure that at least
90 percent of all state-funded courses offered by the center or
program, in occupational areas in which both the program or center
and the community college offer instruction, are part of occupational
course sequences that target comprehensive skills. Each occupational
sequence shall do all of the following:
(1) Result in an occupational skill certificate developed in
cooperation with the appropriate employer advisory board created
under Section 52302.2.
(2) Provide prerequisite courses that are needed to enter
apprenticeship or postsecondary vocational certificate or degree
programs. Where possible, sequenced courses shall be linked to
certificate and degree programs in the region.
(3) Focus on occupations requiring comprehensive skills leading to
high entry-level wages or the possibility of significant wage
increases after a few years on the job, or both.
(4) Offer as many courses as possible that have been approved by
the University of California as courses meeting the "A-G" admissions
requirements.
(b) (1) On or before July 1, 2008, the governing board of each
regional occupational center or program shall develop a plan for
establishing sequences of courses, and certify to the department,
that those sequences have been developed, as described in subdivision
(a). The board shall consult with the superintendents of the school
districts served by the center or program and presidents of community
colleges in the area during the development of the plan.
(2) The plan shall be presented at a public hearing by the
governing board of each school district served by the regional
occupational center or program and by the county board of education.
(3) Community college boards with identified articulated programs
shall also review the plans in a public session.
(4) In developing the plan, each regional occupational program or
center shall consult with school districts and community college
districts located within the region served by the program or center
and with the relevant occupational advisers and local workforce
investment board to ensure the plan meets the vocational education
needs of high school pupils in the region by providing sequences of
courses that begin with middle or high school introductory courses,
including, but not limited to, occupational skill courses provided by
high schools or regional occupational programs or centers.
(5) The plan shall maximize the use of local, state, and federal
resources in helping high school pupils enter comprehensive skill
occupations or apprenticeship programs, or continue education in
college, or all of these, after graduating from high school.
(6) The plan shall include strategies for filling gaps in courses
or other services needed to make the sequences effective in meeting
the needs of pupils in developing skills and attending community
college upon graduation from high school.
(7) Each center or program shall submit a copy of the approved
plan to the appropriate community college or colleges in the region
and the Superintendent on or before September 1, 2008. Every four
years after this date, on or before July 1, each center and program
shall submit an update to the plan to the local community college or
colleges and the Superintendent.
(c) As a condition of receiving federal funds provided under the
Carl D. Perkins Vocational and Applied Technology Education Act of
1998 (20 U.S.C. Sec. 2301 et seq.), or a successor of that act, and
to the extent permitted by federal law, school districts, regional
occupational centers or programs, and community college districts
shall do all of the following:
(1) Develop course sequences that meet the requirements of this
section according to the schedule set forth in this paragraph.
(A) On or before July 1, 2008, school districts, regional
occupational centers or programs, and community college districts
shall have adopted an approved plan as required under this section.
(B) On or before July 1, 2009, school districts, regional
occupational centers or programs, and community college districts
shall have established course sequences as required under this
section that include at least one-third of the courses offered by the
regional occupational center or program in occupational areas in
which both the program or center and the community college offer
instruction.
(C) On or before July 1, 2010, school districts, regional
occupational centers or programs, and community college districts
shall have established course sequences as required under this
section that include at least two-thirds of the courses offered by
the regional occupational center or program in occupational areas in
which both the program or center and the community college offer
instruction.
(2) Provide pupils who are participating in vocational sequences
with information and experiences designed to increase their
postgraduation work and school options, including, but not limited
to, all of the following:
(A) Information about the admissions requirements of the
University of California and California State University.
(B) Information about the placement requirements of the local
community college or colleges.
(C) Information about higher education options related to the
interests of the pupil.
(D) Encourage visits to local colleges and universities offering
programs that allow pupils to gain additional skills and degrees in
related occupations.
(E) Information and referrals to employers for internships, summer
employment opportunities, and employment after graduation from high
school.
(3) School districts, regional occupational centers or programs,
and community college districts that do not develop course sequences
on or before the dates established under this subdivision, and have
not received a waiver under subdivision (d), shall enter into a
corrective action plan with the department and shall meet any
timelines established by the Superintendent.
(d) (1) The department, with the assistance of the Office of the
Chancellor of the California Community Colleges, shall meet with each
program or center and the community college or colleges in the
region no later than the 2009-10 fiscal year to validate that course
sequences meeting the requirements of this section have been
developed. These meetings shall be conducted using the existing
resources of the department and shall be consistent with the
standards developed pursuant to Section 51226.
(2) The department and the office of the chancellor shall provide
technical assistance to programs or centers and community colleges
that have developed articulated sequences for less than half of the
courses offered by the program or center.
(3) The Superintendent may waive the requirements of subdivision
(a) for programs or centers and community colleges located in rural
areas of the state if the Superintendent finds that development of
sequences is infeasible because of the distance, travel time, or
safety between the center or program and the community college.
SEC. 11. Section 52302.8 of the Education Code is amended to
read:
52302.8. (a) The Legislature hereby finds and declares that
vocational training resources that are provided through regional
occupational centers and programs are an essential component of the
state's secondary school system and the local system of providing
occupational skills training to high school pupils. For this reason,
the Legislature finds and declares that these resources should be
focused primarily on the needs of pupils enrolled in high school.
(b) For the 2008-09 fiscal year, a regional occupational center or
program may claim no more than 50 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(c) For the 2009-10 fiscal year, a regional occupational center or
program may claim no more than 30 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(d) For the 2011-12 fiscal year and every fiscal year thereafter,
a regional occupational center or program may claim no more than 10
percent of the state-funded average daily attendance for which the
center or program is eligible, for services provided to students who
are not enrolled in grades 9 to 12, inclusive, and up to an
additional 5 percent for CalWORKs, Temporary Assistance Program, or
Job Corps participants and participants under the federal Workforce
Investment Act of 1998 (29 U.S.C. Sec. 2810 et seq.) who are enrolled
in Intensive Training services.
(e) Pupils who are CalWORKs, Temporary Assistance Program, or Job
Corps participants shall have priority for service within the
percentage limits established under subdivision (d).
(f) Notwithstanding subdivision (d), a regional occupational
center or program may claim more than 15 percent of its average daily
attendance for students who are not enrolled in grades 9 to 12,
inclusive, if all of the students who are not enrolled in grades 9 to
12, inclusive, are CalWORKs, Temporary Assistance Program, or Job
Corps participants, and if the governing board of the regional
occupational center or program does all of the following:
(1) Meets with local human services directors, and representatives
of adult education programs, community colleges and other
institutions of higher education, to assess the needs of CalWORKs,
Temporary Assistance Program, or, Job Corps and federal Workforce
Investment Act participants to identify alternative ways to meet the
needs of these adult students.
(2) Enters into a transition plan, approved by the Superintendent,
to become in compliance with subdivision (d) in accordance with
benchmarks and timelines established in the transition plan.
Transition plans shall be established pursuant to guidelines issued
by the department, in consultation with the State Department of
Social Services, and shall be resubmitted and reviewed annually.
(g) Notwithstanding subdivisions (b), (c), and (d), a regional
occupational center or program that claims more than 40 percent of
its students are not enrolled in grades 9 to 12, inclusive, on
January 1, 2007, shall submit a letter to the Superintendent by July
1 of each year until it complies with this subdivision, outlining the
goals of the regional occupational center or program to reduce the
number of adult students in order to comply with subdivision (d) on
or before July 1, 2013.
(h) Regional occupational centers and programs operated in a rural
county of the sixth, seventh, or eighth class may exceed the number
of adults by an additional 10 percent of the limits established in
subdivisions (b), (c), and (d).
(i) For purposes of this calculation, adult average daily
attendance attributable to continuously enrolled grade 12 pupils who
have not passed the high school exit examination pursuant to Section
60851 is excluded from the calculation under this section. Amounts
that may become available from reductions resulting from the
enactment of this section shall be redirected to other regional
occupational centers or programs to serve additional secondary
pupils.
(j) The governing boards of a community college district and a
regional occupational center or program may enter into contractual
agreements under which the center or program provides services to
adult students of the community college district affected by this
section if both of the following are satisfied:
(1) The agreements conform to state regulations and audit
requirements jointly developed by the Chancellor of the Office of the
California Community Colleges and the State Department of Education,
in consultation with, and subject to approval by, the Department of
Finance.
(2) A course offered for adults pursuant to an agreement entered
into pursuant to this subdivision is limited to the same cost per
student to the state as if the course were offered at the regional
occupational center or program. This subdivision does not authorize
the apportionment of funds for community colleges for adult students
in excess of the revenue limit for regional occupational centers or
programs if a course is deemed eligible for college credit.
(k) A regional occupational center or program that fails to meet a
timeline established under subdivision (d) or (g) shall meet with
the community college, adult education program, or other adult
service to identify alternative means of meeting the needs of adult
students and shall enter into a corrective action plan administered
by the department. The corrective action plan shall be established
pursuant to guidelines issued by the department and shall be
submitted to the department annually for review.
SEC. 12. Section 56028 of the Education Code is amended to read:
56028. (a) "Parent" means any of the following:
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive
parents to make educational decisions on the child's behalf
specifically has been limited by court order in accordance with
Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal
Regulations.
(3) A guardian generally authorized to act as the child's parent,
or authorized to make educational decisions for the child, including
a responsible adult appointed for the child in accordance with
Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive
parent, including a grandparent, stepparent, or other relative, with
whom the child lives, or an individual who is legally responsible for
the child's welfare.
(5) A surrogate parent who has been appointed pursuant to Section
7579.5 or 7579.6 of the Government Code, and in accordance with
Section 300.519 of Title 34 of the Code of Federal Regulations and
Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or
adoptive parent, when attempting to act as the parent under this part
and when more than one party is qualified under subdivision (a) to
act as a parent, shall be presumed to be the parent for purposes of
this section unless the biological or adoptive parent does not have
legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or
persons under paragraphs (1) to (4), inclusive, of subdivision (a) to
act as the "parent" of a child or to make educational decisions on
behalf of a child, then that person or persons shall be determined to
be the "parent" for purposes of this part, Article 1 (commencing
with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2,
and Chapter 26.5 (commencing with Section 7570) of Division 7 of
Title 1 of the Government Code, and Sections 361 and 726 of the
Welfare and Institutions Code.
(c) "Parent" does not include the state or any political
subdivision of government.
(d) "Parent" does not include a nonpublic, nonsectarian school or
agency under contract with a local educational agency for the
provision of special education or designated instruction and services
for a child.
SEC. 13. Section 56043 of the Education Code is amended to read:
56043. The primary timelines affecting special education programs
are as follows:
(a) A proposed assessment plan shall be developed within 15
calendar days of referral for assessment, not counting calendar days
between the pupil's regular school sessions or terms or calendar days
of school vacation in excess of five schooldays, from the date of
receipt of the referral, unless the parent or guardian agrees in
writing to an extension, pursuant to subdivision (a) of Section
56321.
(b) A parent or guardian shall have at least 15 calendar days from
the receipt of the proposed assessment plan to arrive at a decision,
pursuant to subdivision (c) of Section 56321.
(c) Once a child has been referred for an initial assessment to
determine whether the child is an individual with exceptional needs
and to determine the educational needs of the child, these
determinations shall be made, and an individualized education program
team meeting shall occur within 60 days of receiving parental
consent for the assessment, pursuant to subdivision (a) of Section
56302.1, except as specified in subdivision (b) of that section, and
pursuant to Section 56344.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, pursuant to subdivision (d) of Section
56341.1.
(e) A parent or guardian shall be notified of the individualized
education program team meeting early enough to ensure an opportunity
to attend, pursuant to subdivision (b) of Section 56341.5. In the
case of an individual with exceptional needs who is 16 years of age
or younger, if appropriate, the meeting notice shall indicate that a
purpose of the meeting will be the consideration of the postsecondary
goals and transition services for the individual with exceptional
needs, and the meeting notice described in this subdivision shall
indicate that the individual with exceptional needs is invited to
attend, pursuant to subdivision (e) of Section 56341.5.
(f) (1) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 calendar days, not counting days between the pupil's
regular school sessions, terms, or days of school vacation in excess
of five schooldays, from the date of receipt of the parent's or
guardian's written consent for assessment, unless the parent or
guardian agrees in writing to an extension, pursuant to Section
56344.
(2) A meeting to develop an initial individualized education
program for the pupil shall be conducted within 30 days of a
determination that the child needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations and in accordance with Section 56344.
(g) (1) Beginning not later than the first individualized
education program to be in effect when the pupil is 16 years of age,
or younger if determined appropriate by the individualized education
program team, and updated annually thereafter, the individualized
education program shall include appropriate measurable postsecondary
goals and transition services needed to assist the pupil in reaching
those goals, pursuant to paragraph (8) of subdivision (a) of Section
56345.
(2) The individualized education
program for pupils in grades 7 to 12, inclusive, shall include any
alternative means and modes necessary for the pupil to complete the
district's prescribed course of study and to meet or exceed
proficiency standards for graduation, pursuant to paragraph (1) of
subdivision (b) of Section 56345.
(3) Beginning not later than one year before the pupil reaches the
age of 18 years, the individualized education program shall contain
a statement that the pupil has been informed of the pupil's rights
under this part, if any, that will transfer to the pupil upon
reaching the age of 18 years, pursuant to Section 56041.5,
subdivision (g) of Section 56345, and Section 300.520 of Title 34 of
the Code of Federal Regulations.
(h) Beginning at the age of 16 years or younger, and annually
thereafter, a statement of needed transition services shall be
included in the pupil's individualized education program, pursuant to
Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of
the United States Code.
(i) A pupil's individualized education program shall be
implemented as soon as possible following the individualized
education program team meeting, pursuant to Section 300.323(c)(2) of
Title 34 of the Code of Federal Regulations and in accordance with
Section 56344.
(j) An individualized education program team shall meet at least
annually to review a pupil's progress, the individualized education
program, including whether the annual goals for the pupil are being
achieved, the appropriateness of the placement, and to make any
necessary revisions, pursuant to subdivision (d) of Section 56343.
The local educational agency shall maintain procedures to ensure that
the individualized education program team reviews the pupil's
individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revises the individualized
education program as appropriate to address, among other matters, the
provisions specified in subdivision (d) of Section 56341.1, pursuant
to subdivision (a) of Section 56380.
(k) A reassessment of a pupil shall occur not more frequently than
once a year, unless the parent and the local educational agency
agree otherwise in writing, and shall occur at least once every three
years, unless the parent and the local educational agency agree, in
writing, that a reassessment is unnecessary, pursuant to Section
56381, and in accordance with Section 1414(a)(2) of Title 20 of the
United States Code.
(l) A meeting of an individualized education program team
requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343 shall
be held within 30 calendar days, not counting days between the pupil'
s regular school sessions, terms, or days of school vacation in
excess of five schooldays, from the date of receipt of the parent's
or guardian's written request, pursuant to Section 56343.5.
(m) If an individual with exceptional needs transfers from
district to district within the state, the following are applicable
pursuant to Section 56325:
(1) If the child has an individualized education program and
transfers into a district from a district not operating programs
under the same local plan in which he or she was last enrolled in a
special education program within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described in
the previously approved individualized education program, in
consultation with the parents or guardians, for a period not to
exceed 30 days, by which time the local educational agency shall
adopt the previously approved individualized education program or
shall develop, adopt, and implement a new individualized education
program that is consistent with federal and state law, pursuant to
paragraph (1) of subdivision (a) of Section 56325.
(2) If the child has an individualized education program and
transfers into a district from a district operating programs under
the same special education local plan area of the district in which
he or she was last enrolled in a special education program within the
same academic year, the new district shall continue, without delay,
to provide services comparable to those described in the existing
approved individualized education program, unless the parent and the
local educational agency agree to develop, adopt, and implement a new
individualized education program that is consistent with state and
federal law, pursuant to paragraph (2) of subdivision (a) of Section
56325.
(3) If the child has an individualized education program and
transfers from an educational agency located outside the state to a
district within the state within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described in
the previously approved individualized education program, in
consultation with the parents or guardians, until the local
educational agency conducts an assessment as specified in paragraph
(3) of subdivision (a) of Section 56325.
(4) In order to facilitate the transition for an individual with
exceptional needs described in paragraphs (1) to (3), inclusive, the
new school in which the pupil enrolls shall take reasonable steps to
promptly obtain the pupil's records, as specified, pursuant to
subdivision (b) of Section 56325.
(n) The parent or guardian shall have the right and opportunity to
examine all school records of the child and to receive complete
copies within five business days after a request is made by the
parent or guardian, either orally or in writing, and before any
meeting regarding an individualized education program of his or her
child or any hearing or resolution session pursuant to Chapter 5
(commencing with Section 56500), in accordance with Section 56504 and
Chapter 6.5 (commencing with Section 49060) of Part 27.
(o) Upon receipt of a request from a local educational agency
where an individual with exceptional needs has enrolled, a former
educational agency shall send the pupil's special education records,
or a copy thereof, to the new local educational agency within five
working days, pursuant to subdivision (a) of Section 3024 of Title 5
of the California Code of Regulations.
(p) The department shall do all of the following:
(1) Have a time limit of 60 calendar days after a complaint is
filed with the state educational agency to investigate the complaint.
(2) Give the complainant the opportunity to submit additional
information about the allegations in the complaint.
(3) Review all relevant information and make an independent
determination as to whether there is a violation of a requirement of
this part or Part B of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.).
(4) Issue a written decision pursuant to Section 300.152(a)(5) of
Title 34 of the Code of Federal Regulations.
(q) A prehearing mediation conference shall be scheduled within 15
calendar days of receipt by the Superintendent of the request for
mediation, and shall be completed within 30 calendar days after the
request for mediation, unless both parties to the prehearing
mediation conference agree to extend the time for completing the
mediation, pursuant to Section 56500.3.
(r) Any request for a due process hearing arising from subdivision
(a) of Section 56501 shall be filed within two years from the date
the party initiating the request knew or had reason to know of facts
underlying the basis for the request, except that this timeline shall
not apply to a parent if the parent was prevented from requesting
the due process hearing, pursuant to subdivision (l) of Section
56505.
(s) The Superintendent shall ensure that, within 45 calendar days
after receipt of a written due process hearing request, the hearing
is immediately commenced and completed, including any mediation
requested at any point during the hearing process, and a final
administrative decision is rendered, pursuant to subdivision (f) of
Section 56502.
(t) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of that
intent shall be given to the other party at least 10 calendar days
prior to the hearing, pursuant to subdivision (a) of Section 56507.
(u) Any party to a due process hearing shall have the right to be
informed by the other parties to the hearing, at least 10 calendar
days prior to the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution of
those issues, pursuant to paragraph (6) of subdivision (e) of Section
56505.
(v) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business
days prior to the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list of
all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.
(w) An appeal of a due process hearing decision shall be made
within 90 calendar days of receipt of the hearing decision, pursuant
to subdivision (k) of Section 56505.
(x) When an individualized education program calls for a
residential placement as a result of a review by an expanded
individualized education program team, the individualized education
program shall include a provision for a review, at least every six
months, by the full individualized education program team of all of
the following pursuant to paragraph (2) of subdivision (c) of Section
7572.5 of the Government Code:
(1) The case progress.
(2) The continuing need for out-of-home placement.
(3) The extent of compliance with the individualized education
program.
(4) Progress toward alleviating the need for out-of-home care.
(y) A complaint filed with the department shall allege a violation
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
not more than one year prior to the date that the complaint is
received by the department, pursuant to Section 56500.2 and Section
300.153(c) of Title 34 of the Code of Federal Regulations.
SECTION 1. Section 35535 of the Education Code is amended to read:
35535. An order of a county committee attaching the territory of
a lapsed district to one or more adjoining districts shall be
effective for all purposes on the date of the order.
SEC. 2. Section 44225 of the Education Code is amended to read:
44225. The commission shall do all of the following:
(a) Establish professional standards, assessments, and
examinations for entry and advancement in the education profession.
While the Legislature recognizes that the commission will exercise
its prerogative to determine those requirements, it is the intent of
the Legislature that standards, assessments, and examinations be
developed and implemented for the following:
(1) The preliminary teaching credential, to be granted upon
possession of a baccalaureate degree from a regionally accredited
institution in a subject other than professional education,
completion of an accredited program of professional preparation, and
either successful passage of an examination or assessment that has
been adopted or approved by the commission in the subject or subjects
appropriate to the grade level to be taught, to include
college-level reading, writing, and mathematics skills, or completion
of an accredited program of subject matter preparation and
successful passage of the basic skills proficiency test as provided
for in Article 4 (commencing with Section 44250). The commission
shall uniformly consider the results of the basic skills proficiency
test in conjunction with other pertinent information about the
qualifications of each candidate for a preliminary credential, and
may award the credential on the basis of the overall performance of a
candidate as measured by several criteria of professional
competence, provided that each candidate meets minimum standards set
by the commission on each criterion. Upon application by a regionally
accredited institution of higher education, the commission may
categorically grant credit to coursework completed in an accredited
program of professional preparation, as specified by this paragraph,
by undergraduates of that institution, where the commission finds
there are adequate assurances of the quality of necessary
undergraduate instruction in the liberal arts and in the subject area
or areas to be taught.
(2) The professional teaching credential, to be granted upon
successful passage of a state examination or assessment in the
subject or subjects appropriate to the grade level to be taught, to
include college-level basic reading, writing, and mathematics skills,
and completion of a period of beginning teacher support that
includes assessments of ability to teach subject matter to pupils,
ability to work well with pupils, classroom management, and
instructional skills. A candidate who successfully passes the
examination or assessment pursuant to paragraph (1) shall be deemed
to have passed the state examination or assessment in the subject or
subjects to be taught pursuant to this paragraph.
(b) Reduce and streamline the credential system to ensure teacher
competence in the subject field or fields, while allowing greater
flexibility in staffing local schools. The commission shall award the
following types of credentials to applicants whose preparation and
competence satisfy its standards:
(1) Basic teaching credentials for teaching in kindergarten, or
any of the grades 1 to 12, inclusive, in public schools in this
state.
(2) Credentials for teaching adult education classes and
vocational education classes.
(3) Credentials for teaching specialties, including, but not
necessarily limited to, bilingual education, early childhood
education, and special education. The commission may grant
credentials to any candidate who concurrently meets the commission's
standards of preparation and competence for the preliminary basic
teaching credential and the preliminary specialty credential.
(4) Credentials for school services, for positions including, but
not limited to, administrators, school counselors, speech-language
therapists, audiologists, school psychologists, library media
teachers, supervisors of attendance, and school nurses.
The commission may establish standards and requirements for
preliminary and professional credentials of each type.
(c) Review and, if necessary, revise the code of ethics for the
teaching profession.
(d) Establish standards for the issuance and renewal of
credentials, certificates, and permits. In setting standards, the
commission shall seek to ensure, through its credentialing of
teachers, that public school teachers satisfy all of the following
criteria:
(1) Are academically talented.
(2) Are knowledgeable of the subjects to be taught in the
classroom.
(3) Are creative and energetic.
(4) Have the human skills to motivate and inspire pupils to
achieve their goals.
(5) Have the sensitivity to foster self-esteem in pupils through
recognition that each pupil has his or her own goals, talents, and
levels of development.
(6) Be willing to relate the educational process and their
instructional strategies to meet the needs of pupils.
(7) Are able to work effectively with and motivate pupils from a
variety of ethnic, socioeconomic, cultural, academic, and linguistic
backgrounds.
(8) Have an understanding of principles and laws related to
educational equity, and the equitable practice of the profession of
education among all pupils regardless of their ethnicity, race,
gender, age, religious background, primary language, or disabling
condition.
(e) Determine the scope and authorization of credentials, to
ensure competence in teaching and other educational services, and
establish sanctions for the misuse of credentials and the
misassignment of credentialholders. The commission may grant an added
or supplementary authorization to a credentialholder who has met the
requirements and standards of the commission for the added or
supplementary authorization. The commission shall exempt the holder
of a teaching credential obtained prior to January 1, 1974, who adds
an authorization by successfully completing a commission-approved
subject matter examination, from the requirements of subdivision (e)
of Section 44259 and Sections 44261, 44261.5, and 44261.7.
(f) Collect, compile, and disseminate information regarding
exemplary practices in supporting and assessing beginning teachers.
(g) Establish alternative methods for entry into the teaching
profession, and into other certificated roles in the schools, by
persons in varying circumstances, including persons who have been
educated outside of California, provided that each applicant
satisfies all of the requirements established by the commission. One
alternative method shall be the successful completion of at least two
years of classroom instruction under a district intern certificate,
pursuant to Article 7.5 (commencing with Section 44325). In
establishing alternative methods for entry into the teaching
profession, the commission shall develop strategies to encourage
classroom aides to become credentialed teachers.
(h) Adopt a framework and general standards for the accreditation
of preparation programs for teachers and other certificated educators
pursuant to Article 7 (commencing with Section 44320).
(i) Appoint classroom teachers, school administrators, other
school services personnel, representatives of the public, and public
or private higher education representatives to one or more standing
committees, which shall be given authority to recommend to the
commission standards relating to examinations, performance
assessments, program accreditation, and licensing. The commission
shall establish criteria for membership on those committees, and
shall determine the terms of committee members. Appointments to
standing committees by the commission shall reflect, to the extent
feasible, the ethnic and cultural diversity of the California public
schools.
(j) Consult with classroom teachers, faculty members from
institutions of higher education that maintain accredited programs of
professional preparation for teachers, administrators or other
school services personnel, and other experts to aid in the
development of examinations and assessments, and to study the impact
of examinations and assessments on the teaching profession. To
increase the fairness of its certification decisions, the commission
may uniformly consider the results of tests, subtests, and
assessments in conjunction with each other, and in conjunction with
other pertinent information about the qualifications of each
candidate. The commission may award credentials on the basis of
average overall performances by candidates on several criteria of
professional competence, provided that each candidate meets minimum
standards set by the commission on each criterion.
(k) Adopt standards for all examinations and assessments which
shall ensure that all prospective teachers demonstrate an
understanding of the history and cultures of the major ethnic
populations of this state and of teaching strategies for the
acquisition of English language skills by non-English-speaking
pupils.
() Determine the terms of credentials, certificates, and permits,
except that no credential, certificate, or permit shall be valid for
more than five years from the date of issuance. This article shall
govern the issuance of any credential, certificate, or permit, except
as follows:
(1) A credential, certificate, or permit shall remain in force as
long as it is valid and continues to be valid under the laws and
regulations that were in effect when it was issued.
(2) The commission shall grant teaching credentials pursuant to
statutes that were in effect on December 31, 1988, to candidates who,
prior to the effective date of regulations to implement subdivision
(a), are in the process of meeting the requirements for teaching
credentials that were in effect on December 31, 1988, except that
neither enrollment as an undergraduate student nor receipt of a
baccalaureate degree from a regionally accredited institution prior
to the effective date of the regulations shall, by themselves, exempt
a candidate from the requirements of subdivision (a). Enrollment in
a preparation program for teachers prior to the effective date of the
regulations shall not exempt a candidate from the requirements of
paragraph (2) of subdivision (a), if the preliminary credential of
the candidate was granted after the effective date of the
regulations.
(m) Review requests from school districts, county offices of
education, private schools, and postsecondary institutions for the
waiver of one or more of the provisions of this chapter or other
provisions governing the preparation or licensing of educators. The
commission may grant a waiver upon its finding that professional
preparation equivalent to that prescribed under the provision or
provisions to be waived will be, or has been, completed by the
credential candidate or candidates affected or that a waiver is
necessary to accomplish any of the following:
(1) Give a local educational agency one semester or less to
address unanticipated, immediate, short-term shortages of fully
qualified educators by assigning a teacher who holds a basic teaching
credential to teach outside of his or her credential authorization,
with the teacher's consent.
(2) Provide credential candidates additional time to complete a
credential requirement.
(3) Allow local school districts or schools to implement an
education reform or restructuring plan.
(4) Temporarily exempt from a specified credential requirement
small, geographically isolated regions with severely limited ability
to develop personnel.
(5) Provide other temporary exemptions when deemed appropriate by
the commission.
No provision in this chapter may be waived under Section 33050 and
33051, after June 30, 1994, by the State Board of Education.
(n) It is the intent of the Legislature that the commission
develop models for voluntary use by California colleges and
universities that do not have these models in place, to assist in the
screening of applications for admission to teacher education
programs. The models shall give emphasis to the following
qualifications of the applicants: academic talent, knowledge of
subjects to be taught, basic academic skills, creativity, experience
in working with children and adolescents, ability to motivate and
inspire pupils, and willingness to relate education to pupils with a
wide variety of cultural, ethnic, and academic backgrounds. The
commission may continue to administer the state basic skills
proficiency test, in order (1) to utilize the results of this test in
awarding preliminary teaching credentials and emergency permits, and
(2) to enable colleges and universities to utilize this test in
conjunction with other appropriate sources of information in teacher
preparation admission decisions. However, it is the intent of the
Legislature that applicants for admission to teacher preparation
programs may not be denied admission solely on the basis of state
basic skills proficiency test results. The commission may recover the
costs of administering and developing the test by charging examinees
a fee for taking the test.
(o) It is the intent of the Legislature that the commission
encourage colleges and universities to design and implement, by
August 1, 1990, concentrated internship programs for persons who have
attained a bachelor's degree in the field in which they intend to
teach. Those programs would be targeted at subject area shortages,
would substitute for conventional training programs, and would
include a full summer session of college-level coursework, a one-year
internship, or the equivalent, a seminar throughout the internship,
and a summer session following the internship. Educator preparation
through internship programs shall be subject to Article 10
(commencing with Section 44370).
(p) Grant a field placement certificate to any candidate who has
been admitted to an accredited program of professional preparation,
and who must complete a supervised practicum in public elementary or
secondary schools as a condition for completion of the program. The
commission shall establish standards for the issuance of field
placement certificates.
(q) Propose appropriate rules and regulations to implement the act
which enacts this section.
(r) Adopt subject matter assessments for teaching credentials
after developing those assessments jointly with the Superintendent.
SEC. 3 Section 44256 of the Education Code is amended to read:
44256. Authorization for teaching credentials shall be of four
basic kinds, as defined below:
(a) "Single subject instruction" means the practice of assignment
of teachers and students to specified subject matter courses, as is
commonly practiced in California high schools and most California
junior high schools. The holder of a single subject teaching
credential or a standard secondary credential or a special secondary
teaching credential, as defined in this subdivision, who has
completed 20 semester hours of coursework or 10 semester hours of
upper division or graduate coursework approved by the commission at
an accredited institution in any subject commonly taught in grades 7
to 12, inclusive, other than the subject for which he or she is
already certificated to teach, shall be eligible to have this subject
appear on the credential as an authorization to teach this subject.
The commission, by regulation, may require that evidence of
additional competence is a condition for instruction in particular
subjects, including, but not limited to, foreign languages. The
commission may establish and implement alternative requirements for
additional authorizations to the single subject credential on the
basis of specialized needs. For purposes of this subdivision, a
special secondary teaching credential means a special secondary
teaching credential issued on the basis of at least a baccalaureate
degree, a student teaching requirement, and 24 semester units of
coursework in the subject specialty of the credential.
(b) "Multiple subject instruction" means the practice of
assignment of teachers and students for multiple subject matter
instruction, as is commonly practiced in California elementary
schools and as is commonly practiced in early childhood education.
The holder of a multiple subject teaching credential or a standard
elementary credential who has completed 20 semester hours of
coursework or 10 semester hours of upper division or graduate
coursework approved by the commission at an accredited institution in
any subject commonly taught in grades 9 and below shall be eligible
to have that subject appear on the credential as authorization to
teach the subject in departmentalized classes in grades 9 and below.
The governing board of a school district by resolution may authorize
the holder of a multiple subject teaching credential or a standard
elementary credential to teach any subject in departmentalized
classes to a given class or group of students below grade 9, provided
that the teacher has completed at least 12 semester units, or six
upper division or graduate units, of coursework at an accredited
institution in each subject to be taught. The authorization shall be
with the teacher's consent. However, the commission, by regulation,
may provide that evidence of additional competence is necessary for
instruction in particular subjects, including, but not limited to,
foreign languages. The commission may establish and implement
alternative requirements for additional authorizations to the
multiple subject credential on the basis of specialized needs.
(c) "Specialist instruction" means any specialty requiring
advanced preparation or special competence, including, but not
limited to, reading specialist, mathematics specialist, specialist in
special education, or early childhood education, and such other
specialties as the commission may determine.
(d) "Designated subjects" means the practice of assignment of
teachers and students to designated technical, trade, or career
technical courses which courses may be part of a program of trade,
technical, or career technical education.
SEC. 4. Section 44263 of the Education Code is amended to read:
44263. A teacher licensed pursuant to the provisions of this
article may be assigned, with his or her consent, to teach a single
subject class in which he or she has 18 semester hours of coursework
or nine semester hours of upper division or graduate coursework or a
multiple subject class if he or she holds at least 60 semester hours
equally distributed among the 10 areas of a diversified major set
forth in Section 44314. A three-semester-unit variance in any of the
required four areas may be allowed. The governing board of the school
district by resolution shall provide specific authorization for the
assignment. The authorization of the governing board shall remain
valid for one year and may be renewed annually.
SEC. 5. Section 44270 of the Education Code is amended to read:
44270. (a) The minimum requirements for the preliminary services
credential with a specialization in administrative services are all
of the following:
(1) Possession of one of the following:
(A) A valid teaching credential requiring the possession of a
baccalaureate degree and a professional preparation program including
student teaching.
(B) A valid designated subjects career technical education, adult
education, or special subjects teaching credential, as specified in
Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the
candidate also possesses a baccalaureate degree.
(C) A valid services credential with a specialization in pupil
personnel, health, or clinical or rehabilitative services, as
specified in Section 44266, 44267, 44267.5, or 44268, or a valid
services credential authorizing service as a teacher librarian, as
specified in Section 44269.
(D) A valid credential issued under the laws, rules, and
regulations in effect on or before December 31, 1971, which
authorizes the same areas as in subparagraphs (B) and (C).
(2) Completion of a minimum of three years of successful,
full-time classroom teaching experience in the public schools,
including, but not limited to, service in state- or county-operated
schools, or in private schools of equivalent status or three years of
experience in the fields of pupil personnel, health, clinical or
rehabilitative, or librarian services.
(3) Completion of an entry-level program of specialized and
professional preparation in administrative services approved by the
commission or a one-year internship in a program of supervised
training in administrative services, approved by the commission as
satisfying the requirements for the preliminary services credential
with a specialization in administrative services.
(4) Current employment in an administrative position after
completion of professional preparation as defined in paragraph (3),
whether full or part time, in a public school or private school of
equivalent status. The commission shall encourage school districts to
consider the recency of preparation or professional growth in school
administration as one of the criteria for employment.
(b) The preliminary administrative services credential shall be
valid for a period of five years from the date of initial employment
in an administrative position, whether full or part time, and shall
not be renewable.
(c) A candidate who completed, by September 30, 1984, the
requirements for the administrative services credential in effect on
June 30, 1982, is eligible for the credential authorized under those
requirements. All other candidates shall satisfy the requirements set
forth in this section.
SEC. 6. Section 44279.1 of the Education Code is amended to read:
44279.1. (a) The Legislature finds and declares that the
beginning years of the career of a teacher are a critical time in
which it is necessary that intensive professional development and
assessment occur. The Legislature recognizes that the public invests
heavily in the preparation of prospective teachers, and that more
than one-half of all new teachers leave some California school
districts after one or two years in the classroom. Intensive
professional development and assessment are necessary to build on the
preparation that precedes initial certification, to transform
academic preparation into practical success in the classroom, to
retain greater numbers of capable beginning teachers, and to remove
novices who show little promise as teachers. It is the intent of the
Legislature that the commission and the Superintendent develop and
implement policies to govern the support and assessment of beginning
teachers, as a condition for the professional certification of those
teachers in the future.
(b) There is hereby established the California Beginning Teacher
Support and Assessment System, to be administered jointly by the
commission and the Superintendent. In administering the system, the
commission and the Superintendent shall approve the most
cost-effective programs of support and assessment. The commission and
the Superintendent also shall ensure that programs meet the
Standards of Quality and Effectiveness for Beginning Teacher Support
and Assessment Programs adopted by the commission in 1997 and that
local programs support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission in January 1997. The system shall do all of
the following:
(1) Provide an effective transition into the teaching career for
first-year and second-year teachers in California.
(2) Improve the educational performance of pupils through improved
training, information, and assistance for new teachers.
(3) Enable beginning teachers to be effective in teaching pupils
who are culturally, linguistically, and academically diverse.
(4) Ensure the professional success and retention of new teachers.
(5) Ensure that a support provider provides intensive
individualized support and assistance to each participating beginning
teacher.
(6) Improve the rigor and consistency of individual teacher
performance assessments and the usefulness of assessment results to
teachers and decisionmakers.
(7) Establish an effective, coherent system of performance
assessments that are based on the California Standards for the
Teaching Profession adopted by the commission in January 1997.
(8) Examine alternative ways in which the general public and the
educational profession may be assured that new teachers who remain in
teaching have attained acceptable levels of professional competence.
(9) Ensure that an individual induction plan is in place for each
participating beginning teacher and is based on an ongoing assessment
of the development of the beginning teacher.
(10) Ensure continuous program improvement through ongoing
research, development, and evaluation.
(c) Participation in the system shall be voluntary for teachers,
school districts, and county offices of education and participation
by certificated employees shall not be made a condition of
employment. The commission and the Superintendent shall adopt and
implement criteria and standards for participation in the system,
including criteria regarding the eligibility of teachers and
standards of local program quality and intensity for schools, school
districts, county offices of education, colleges, universities, and
other educational and professional organizations. The criteria and
standards shall be consistent with the purposes of the system.
(d) (1) For purposes of this article, unless the context otherwise
requires, "beginning teacher" means a teacher with a valid
California credential, as defined in Section 44259.
(2) For purposes of this article, "beginning teacher" does not
include a teacher with a life credential, a clear credential, or a
professional clear teaching credential who returns to serve in a
certificated teaching position.
(e) Subject to verification and approval by an induction program
director, a beginning teacher shall not be required to demonstrate
that an induction standard has been met, or complete an element of an
approved induction program designed to assist a candidate in
mastering a given standard, if the candidate previously met the
induction standard while participating in a commission-approved
preparation program.
(f) The Superintendent and the commission shall disseminate the
California Standards for the Teaching Profession adopted by the
commission in January 1997 to colleges, universities, school
districts, county offices of education,
and professional associations, who shall be
encouraged to use the standards in efforts to improve teacher
preparation and support programs. Performance assessments developed
under this article shall be designed to provide useful, helpful
feedback to beginning teachers and their support providers. That
information shall not be used for employment-related evaluations, as
a condition of employment, or as a basis for terminating employment.
(g) It is the intent of the Legislature that the commission and
the Superintendent establish a statewide teacher induction program
that supports locally designed, high-quality induction programs that
provide individualized support and formative assessment for all
participating beginning teachers as defined in subdivision (d). At
the discretion of the local beginning teacher support and assessment
system teacher induction program, funds allocated to a program on the
basis of eligible beginning teachers may be used to provide support,
assistance, and preparation services to other credential candidates
who are in their first or second year of employment as a classroom
teacher.
(h) This article shall be known, and may be cited, as the Marian
Bergeson Beginning Teacher Support and Assessment System.
SEC. 7. Section 44327 of the Education Code is amended to read:
44327. On or before July 1, 1995, the commission, in consultation
with participating school districts and other affected
organizations, shall revise existing standards and adopt additional
standards, as necessary, related to the quality of the training,
support, evaluation, and performance of district interns. The
standards shall be appropriate for an alternative program of teacher
recruitment, preparation, and certification. Each school district
with a district intern program is responsible for maintaining
appropriate records of the program so that the credit earned by each
district intern is transferable to his or her academic record in the
same manner as if the intern had participated in a college or
university program. To the extent feasible, the standards shall also
be equivalent to the standards of the commission for professional
preparation programs in colleges and universities.
SEC. 8. Section 44865 of the Education Code is amended to read:
44865. A valid teaching credential issued by the State Board or
the Commission on Teacher Credentialing, based on a bachelor's
degree, student teaching, and special fitness to perform, shall be
deemed qualifying for assignment as a teacher in the following
assignments, provided that the assignment of a teacher to a position
for which qualifications are prescribed by this section shall be made
only with the consent of the teacher:
(a) Home teacher.
(b) Classes organized primarily for adults.
(c) Hospital classes.
(d) Necessary small high schools.
(e) Continuation schools.
(f) Alternative schools.
(g) Opportunity schools.
(h) Juvenile court schools.
(i) County community schools.
(j) District community day schools.
(k) Independent study.
SEC. 9. Section 49430.7 of the Education Code is amended to read:
49430.7. (a) For purposes of this section, the following terms
have the following meanings:
(1) "School" means a school operated and maintained by a school
district or county office of education, or a charter school.
(2) "School district" means a school district, charter school, or
county office of education.
(3) "Child development program" means a program operated pursuant
to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1
of Title 1.
(b) As a condition of receipt of funds pursuant to Section
49430.5, commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
school or school district shall comply with all of the following
requirements and prohibitions:
(1) Follow the United States Department of Agriculture (USDA)
nutritional guidelines or the menu planning options of Shaping Health
as Partners in Education developed by the state (SHAPE California
network).
(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school or school district.
(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat that is prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this paragraph include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
(c) Commencing with the 2007-08 fiscal year, for meals and food
items sold as part of the free and reduced-price meal programs, a
child development program is encouraged to comply with all of the
following guidelines:
(1) Meet developmentally and programmatically appropriate meal
pattern and meal planning requirements developed by the USDA or menu
planning options of Shaping Health as Partners in Education developed
by the state (SHAPE California network).
(2) Not sell or serve a food item that has in any way been deep
fried, par fried, or flash fried by a school, school district, or
child development program.
(3) Not sell or serve a food item containing artificial trans fat.
A food item contains artificial trans fat if it contains vegetable
shortening, margarine, or any kind of hydrogenated or partially
hydrogenated vegetable oil, unless the manufacturer's documentation
or the label required on the food, pursuant to applicable federal and
state law, lists the trans fat content as less than 0.5 gram per
serving.
(4) Not sell or serve a food item that, as part of the
manufacturing process, has been deep fried, par fried, or flash fried
in an oil or fat prohibited by this paragraph. Oils and fats
prohibited by this paragraph include, but are not limited to, palm,
coconut, palm kernel, lard, typically solid at room temperature and
are known to negatively impact cardiovascular health. Oils permitted
by this provision include, but are not limited to, canola, safflower,
sunflower, corn, olive, soybean, peanut, or a blend of these oils,
typically liquid at room temperature and are known for their positive
cardiovascular benefit.
(d) The prohibitions and requirements of this section regarding
food items sold or served by a school or school district apply to raw
bulk USDA commodity foods ordered by schools or school districts and
sent to commercial processors for conversion into ready to use end
products, but do not apply to other USDA commodity foods until the
scheduled 2009 reauthorization of the USDA National School Lunch
Program is complete or ingredient and nutrition information is
available for all USDA commodity foods, whichever is earlier.
(e) As a condition of receipt of funds pursuant to Section
49430.5, by no later than June 30, 2008, and annually thereafter,
schools and school districts shall provide the department with an
annual certification of compliance with the provisions of this
section.
(f) This section shall become operative only upon an appropriation
for its purposes in the annual Budget Act or another statute.
SEC. 10. Section 52302 of the Education Code is amended to read:
52302. (a) On or before July 1, 2010, the governing board of each
regional occupational center or program shall ensure that at least
90 percent of all state-funded courses offered by the center or
program, in occupational areas in which both the program or center
and the community college offer instruction, are part of occupational
course sequences that target comprehensive skills. Each occupational
sequence shall do all of the following:
(1) Result in an occupational skill certificate developed in
cooperation with the appropriate employer advisory board created
under Section 52302.2.
(2) Provide prerequisite courses that are needed to enter
apprenticeship or postsecondary vocational certificate or degree
programs. Where possible, sequenced courses shall be linked to
certificate and degree programs in the region.
(3) Focus on occupations requiring comprehensive skills leading to
high entry-level wages or the possibility of significant wage
increases after a few years on the job, or both.
(4) Offer as many courses as possible that have been approved by
the University of California as courses meeting the "A-G" admissions
requirements.
(b) (1) On or before July 1, 2008, the governing board of each
regional occupational center or program shall develop a plan for
establishing sequences of courses, and certify to the department,
that those sequences have been developed, as described in subdivision
(a). The board shall consult with the superintendents of the school
districts served by the center or program and presidents of community
colleges in the area during the development of the plan.
(2) The plan shall be presented at a public hearing by the
governing board of each school district served by the regional
occupational center or program and by the county board of education.
(3) Community college boards with identified articulated programs
shall also review the plans in a public session.
(4) In developing the plan, each regional occupational program or
center shall consult with school districts and community college
districts located within the region served by the program or center
and with the relevant occupational advisers and local workforce
investment board to ensure the plan meets the vocational education
needs of high school pupils in the region by providing sequences of
courses that begin with middle or high school introductory courses,
including, but not limited to, occupational skill courses provided by
high schools or regional occupational programs or centers.
(5) The plan shall maximize the use of local, state, and federal
resources in helping high school pupils enter comprehensive skill
occupations or apprenticeship programs, or continue education in
college, or all of these, after graduating from high school.
(6) The plan shall include strategies for filling gaps in courses
or other services needed to make the sequences effective in meeting
the needs of pupils in developing skills and attending community
college upon graduation from high school.
(7) Each center or program shall submit a copy of the approved
plan to the appropriate community college or colleges in the region
and the Superintendent on or before September 1, 2008. Every four
years after this date, on or before July 1, each center and program
shall submit an update to the plan to the local community college or
colleges and the Superintendent.
(c) As a condition of receiving federal funds provided under the
Carl D. Perkins Vocational and Applied Technology Education Act of
1998 (20 U.S.C. Sec. 2301 et seq.), or a successor of that act, and
to the extent permitted by federal law, school districts, regional
occupational centers or programs, and community college districts
shall do all of the following:
(1) Develop course sequences that meet the requirements of this
section according to the schedule set forth in this paragraph.
(A) On or before July 1, 2008, school districts, regional
occupational centers or programs, and community college districts
shall have adopted an approved plan as required under this section.
(B) On or before July 1, 2009, school districts, regional
occupational centers or programs, and community college districts
shall have established course sequences as required under this
section that include at least one-third of the courses offered by the
regional occupational center or program in occupational areas in
which both the program or center and the community college offer
instruction.
(C) On or before July 1, 2010, school districts, regional
occupational centers or programs, and community college districts
shall have established course sequences as required under this
section that include at least two-thirds of the courses offered by
the regional occupational center or program in occupational areas in
which both the program or center and the community college offer
instruction.
(2) Provide pupils who are participating in vocational sequences
with information and experiences designed to increase their
postgraduation work and school options, including, but not limited
to, all of the following:
(A) Information about the admissions requirements of the
University of California and California State University.
(B) Information about the placement requirements of the local
community college or colleges.
(C) Information about higher education options related to the
interests of the pupil.
(D) Encourage visits to local colleges and universities offering
programs that allow pupils to gain additional skills and degrees in
related occupations.
(E) Information and referrals to employers for internships, summer
employment opportunities, and employment after graduation from high
school.
(3) School districts, regional occupational centers or programs,
and community college districts that do not develop course sequences
on or before the dates established under this subdivision, and have
not received a waiver under subdivision (d), shall enter into a
corrective action plan with the department and shall meet any
timelines established by the Superintendent.
(d) (1) The department, with the assistance of the Office of the
Chancellor of the California Community Colleges, shall meet with each
program or center and the community college or colleges in the
region no later than the 2009-10 fiscal year to validate that course
sequences meeting the requirements of this section have been
developed. These meetings shall be conducted using the existing
resources of the department and shall be consistent with the
standards developed pursuant to Section 51226.
(2) The department and the office of the chancellor shall provide
technical assistance to programs or centers and community colleges
that have developed articulated sequences for less than half of the
courses offered by the program or center.
(3) The Superintendent may waive the requirements of subdivision
(a) for programs or centers and community colleges located in rural
areas of the state if the Superintendent finds that development of
sequences is infeasible because of the distance, travel time, or
safety between the center or program and the community college.
SEC. 11. Section 52302.8 of the Education Code is amended to
read:
52302.8. (a) The Legislature hereby finds and declares that
vocational training resources that are provided through regional
occupational centers and programs are an essential component of the
state's secondary school system and the local system of providing
occupational skills training to high school pupils. For this reason,
the Legislature finds and declares that these resources should be
focused primarily on the needs of pupils enrolled in high school.
(b) For the 2008-09 fiscal year, a regional occupational center or
program may claim no more than 50 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(c) For the 2009-10 fiscal year, a regional occupational center or
program may claim no more than 30 percent of the state-funded
average daily attendance for which the center or program is eligible,
for services provided to students who are not enrolled in grades 9
to 12, inclusive.
(d) For the 2011-12 fiscal year and every fiscal year thereafter,
a regional occupational center or program may claim no more than 10
percent of the state-funded average daily attendance for which the
center or program is eligible, for services provided to students who
are not enrolled in grades 9 to 12, inclusive, and up to an
additional 5 percent for CalWORKs, Temporary Assistance Program, or
Job Corps participants and participants under the federal Workforce
Investment Act of 1998 (29 U.S.C. Sec. 2810 et seq.) who are enrolled
in Intensive Training services.
(e) Pupils who are CalWORKs, Temporary Assistance Program, or Job
Corps participants shall have priority for service within the
percentage limits established under subdivision (d).
(f) Notwithstanding subdivision (d), a regional occupational
center or program may claim more than 15 percent of its average daily
attendance for students who are not enrolled in grades 9 to 12,
inclusive, if all of the students who are not enrolled in grades 9 to
12, inclusive, are CalWORKs, Temporary Assistance Program, or Job
Corps participants, and if the governing board of the regional
occupational center or program does all of the following:
(1) Meets with local human services directors, and representatives
of adult education programs, community colleges and other
institutions of higher education, to assess the needs of CalWORKs,
Temporary Assistance Program, or, Job Corps and federal Workforce
Investment Act participants to identify alternative ways to meet the
needs of these adult students.
(2) Enters into a transition plan, approved by the Superintendent,
to become in compliance with subdivision (d) in accordance with
benchmarks and timelines established in the transition plan.
Transition plans shall be established pursuant to guidelines issued
by the department, in consultation with the State Department of
Social Services, and shall be resubmitted and reviewed annually.
(g) Notwithstanding subdivisions (b), (c), and (d), a regional
occupational center or program that claims more than 40 percent of
its students are not enrolled in grades 9 to 12, inclusive, on
January 1, 2007, shall submit a letter to the Superintendent by July
1 of each year until it complies with this subdivision, outlining the
goals of the regional occupational center or program to reduce the
number of adult students in order to comply with subdivision (d) on
or before July 1, 2013.
(h) Regional occupational centers and programs operated in a rural
county of the sixth, seventh, or eighth class may exceed the number
of adults by an additional 10 percent of the limits established in
subdivisions (b), (c), and (d).
(i) For purposes of this calculation, adult average daily
attendance attributable to continuously enrolled grade 12 pupils who
have not passed the high school exit examination pursuant to Section
60851 is excluded from the calculation under this section. Amounts
that may become available from reductions resulting from the
enactment of this section shall be redirected to other regional
occupational centers or programs to serve additional secondary
pupils.
(j) The governing boards of a community college district and a
regional occupational center or program may enter into contractual
agreements under which the center or program provides services to
adult students of the community college district affected by this
section if both of the following are satisfied:
(1) The agreements conform to state regulations and audit
requirements jointly developed by the Chancellor of the Office of the
California Community Colleges and the State Department of Education,
in consultation with, and subject to approval by, the Department of
Finance.
(2) A course offered for adults pursuant to an agreement entered
into pursuant to this subdivision is limited to the same cost per
student to the state as if the course were offered at the regional
occupational center or program. This subdivision does not authorize
the apportionment of funds for community colleges for adult students
in excess of the revenue limit for regional occupational centers or
programs if a course is deemed eligible for college credit.
(k) A regional occupational center or program that fails to meet a
timeline established under subdivision (d) or (g) shall meet with
the community college, adult education program, or other adult
service to identify alternative means of meeting the needs of adult
students and shall enter into a corrective action plan administered
by the department. The corrective action plan shall be established
pursuant to guidelines issued by the department and shall be
submitted to the department annually for review.
SEC. 12. Section 56028 of the Education Code is amended to read:
56028. (a) "Parent" means any of the following:
(1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive
parents to make educational decisions on the child's behalf
specifically has been limited by court order in accordance with
Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal
Regulations.
(3) A guardian generally authorized to act as the child's parent,
or authorized to make educational decisions for the child, including
a responsible adult appointed for the child in accordance with
Sections 361 and 726 of the Welfare and Institutions Code.
(4) An individual acting in the place of a biological or adoptive
parent, including a grandparent, stepparent, or other relative, with
whom the child lives, or an individual who is legally responsible for
the child's welfare.
(5) A surrogate parent who has been appointed pursuant to Section
7579.5 or 7579.6 of the Government Code, and in accordance with
Section 300.519 of Title 34 of the Code of Federal Regulations and
Section 1439(a)(5) of Title 20 of the United States Code.
(b) (1) Except as provided in paragraph (2), the biological or
adoptive parent, when attempting to act as the parent under this part
and when more than one party is qualified under subdivision (a) to
act as a parent, shall be presumed to be the parent for purposes of
this section unless the biological or adoptive parent does not have
legal authority to make educational decisions for the child.
(2) If a judicial decree or order identifies a specific person or
persons under paragraphs (1) to (4), inclusive, of subdivision (a) to
act as the "parent" of a child or to make educational decisions on
behalf of a child, then that person or persons shall be determined to
be the "parent" for purposes of this part, Article 1 (commencing
with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2,
and Chapter 26.5 (commencing with Section 7570) of Division 7 of
Title 1 of the Government Code, and Sections 361 and 726 of the
Welfare and Institutions Code.
(c) "Parent" does not include the state or any political
subdivision of government.
(d) "Parent" does not include a nonpublic, nonsectarian school or
agency under contract with a local educational agency for the
provision of special education or designated instruction and services
for a child.
SEC. 13. Section 56043 of the Education Code is amended to read:
56043. The primary timelines affecting special education programs
are as follows:
(a) A proposed assessment plan shall be developed within 15
calendar days of referral for assessment, not counting calendar days
between the pupil's regular school sessions or terms or calendar days
of school vacation in excess of five schooldays, from the date of
receipt of the referral, unless the parent or guardian agrees in
writing to an extension, pursuant to subdivision (a) of Section
56321.
(b) A parent or guardian shall have at least 15 calendar days from
the receipt of the proposed assessment plan to arrive at a decision,
pursuant to subdivision (c) of Section 56321.
(c) Once a child has been referred for an initial assessment to
determine whether the child is an individual with exceptional needs
and to determine the educational needs of the child, these
determinations shall be made, and an individualized education program
team meeting shall occur within 60 days of receiving parental
consent for the assessment, pursuant to subdivision (a) of Section
56302.1, except as specified in subdivision (b) of that section, and
pursuant to Section 56344.
(d) The individualized education program team shall review the
pupil's individualized education program periodically, but not less
frequently than annually, pursuant to subdivision (d) of Section
56341.1.
(e) A parent or guardian shall be notified of the individualized
education program team meeting early enough to ensure an opportunity
to attend, pursuant to subdivision (b) of Section 56341.5. In the
case of an individual with exceptional needs who is 16 years of age
or younger, if appropriate, the meeting notice shall indicate that a
purpose of the meeting will be the consideration of the postsecondary
goals and transition services for the individual with exceptional
needs, and the meeting notice described in this subdivision shall
indicate that the individual with exceptional needs is invited to
attend, pursuant to subdivision (e) of Section 56341.5.
(f) (1) An individualized education program required as a result
of an assessment of a pupil shall be developed within a total time
not to exceed 60 calendar days, not counting days between the pupil's
regular school sessions, terms, or days of school vacation in excess
of five schooldays, from the date of receipt of the parent's or
guardian's written consent for assessment, unless the parent or
guardian agrees in writing to an extension, pursuant to Section
56344.
(2) A meeting to develop an initial individualized education
program for the pupil shall be conducted within 30 days of a
determination that the child needs special education and related
services pursuant to Section 300.323(c)(1) of Title 34 of the Code of
Federal Regulations and in accordance with Section 56344.
(g) (1) Beginning not later than the first individualized
education program to be in effect when the pupil is 16 years of age,
or younger if determined appropriate by the individualized education
program team, and updated annually thereafter, the individualized
education program shall include appropriate measurable postsecondary
goals and transition services needed to assist the pupil in reaching
those goals, pursuant to paragraph (8) of subdivision (a) of Section
56345.
(2) The individualized education
program for pupils in grades 7 to 12, inclusive, shall include any
alternative means and modes necessary for the pupil to complete the
district's prescribed course of study and to meet or exceed
proficiency standards for graduation, pursuant to paragraph (1) of
subdivision (b) of Section 56345.
(3) Beginning not later than one year before the pupil reaches the
age of 18 years, the individualized education program shall contain
a statement that the pupil has been informed of the pupil's rights
under this part, if any, that will transfer to the pupil upon
reaching the age of 18 years, pursuant to Section 56041.5,
subdivision (g) of Section 56345, and Section 300.520 of Title 34 of
the Code of Federal Regulations.
(h) Beginning at the age of 16 years or younger, and annually
thereafter, a statement of needed transition services shall be
included in the pupil's individualized education program, pursuant to
Section 56345.1 and Section 1414(d)(1)(A)(i)(VIII) of Title 20 of
the United States Code.
(i) A pupil's individualized education program shall be
implemented as soon as possible following the individualized
education program team meeting, pursuant to Section 300.323(c)(2) of
Title 34 of the Code of Federal Regulations and in accordance with
Section 56344.
(j) An individualized education program team shall meet at least
annually to review a pupil's progress, the individualized education
program, including whether the annual goals for the pupil are being
achieved, the appropriateness of the placement, and to make any
necessary revisions, pursuant to subdivision (d) of Section 56343.
The local educational agency shall maintain procedures to ensure that
the individualized education program team reviews the pupil's
individualized education program periodically, but not less
frequently than annually, to determine whether the annual goals for
the pupil are being achieved, and revises the individualized
education program as appropriate to address, among other matters, the
provisions specified in subdivision (d) of Section 56341.1, pursuant
to subdivision (a) of Section 56380.
(k) A reassessment of a pupil shall occur not more frequently than
once a year, unless the parent and the local educational agency
agree otherwise in writing, and shall occur at least once every three
years, unless the parent and the local educational agency agree, in
writing, that a reassessment is unnecessary, pursuant to Section
56381, and in accordance with Section 1414(a)(2) of Title 20 of the
United States Code.
(l) A meeting of an individualized education program team
requested by a parent or guardian to review an individualized
education program pursuant to subdivision (c) of Section 56343 shall
be held within 30 calendar days, not counting days between the pupil'
s regular school sessions, terms, or days of school vacation in
excess of five schooldays, from the date of receipt of the parent's
or guardian's written request, pursuant to Section 56343.5.
(m) If an individual with exceptional needs transfers from
district to district within the state, the following are applicable
pursuant to Section 56325:
(1) If the child has an individualized education program and
transfers into a district from a district not operating programs
under the same local plan in which he or she was last enrolled in a
special education program within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described in
the previously approved individualized education program, in
consultation with the parents or guardians, for a period not to
exceed 30 days, by which time the local educational agency shall
adopt the previously approved individualized education program or
shall develop, adopt, and implement a new individualized education
program that is consistent with federal and state law, pursuant to
paragraph (1) of subdivision (a) of Section 56325.
(2) If the child has an individualized education program and
transfers into a district from a district operating programs under
the same special education local plan area of the district in which
he or she was last enrolled in a special education program within the
same academic year, the new district shall continue, without delay,
to provide services comparable to those described in the existing
approved individualized education program, unless the parent and the
local educational agency agree to develop, adopt, and implement a new
individualized education program that is consistent with state and
federal law, pursuant to paragraph (2) of subdivision (a) of Section
56325.
(3) If the child has an individualized education program and
transfers from an educational agency located outside the state to a
district within the state within the same academic year, the local
educational agency shall provide the pupil with a free appropriate
public education, including services comparable to those described in
the previously approved individualized education program, in
consultation with the parents or guardians, until the local
educational agency conducts an assessment as specified in paragraph
(3) of subdivision (a) of Section 56325.
(4) In order to facilitate the transition for an individual with
exceptional needs described in paragraphs (1) to (3), inclusive, the
new school in which the pupil enrolls shall take reasonable steps to
promptly obtain the pupil's records, as specified, pursuant to
subdivision (b) of Section 56325.
(n) The parent or guardian shall have the right and opportunity to
examine all school records of the child and to receive complete
copies within five business days after a request is made by the
parent or guardian, either orally or in writing, and before any
meeting regarding an individualized education program of his or her
child or any hearing or resolution session pursuant to Chapter 5
(commencing with Section 56500), in accordance with Section 56504 and
Chapter 6.5 (commencing with Section 49060) of Part 27.
(o) Upon receipt of a request from a local educational agency
where an individual with exceptional needs has enrolled, a former
educational agency shall send the pupil's special education records,
or a copy thereof, to the new local educational agency within five
working days, pursuant to subdivision (a) of Section 3024 of Title 5
of the California Code of Regulations.
(p) The department shall do all of the following:
(1) Have a time limit of 60 calendar days after a complaint is
filed with the state educational agency to investigate the complaint.
(2) Give the complainant the opportunity to submit additional
information about the allegations in the complaint.
(3) Review all relevant information and make an independent
determination as to whether there is a violation of a requirement of
this part or Part B of the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.).
(4) Issue a written decision pursuant to Section 300.152(a)(5) of
Title 34 of the Code of Federal Regulations.
(q) A prehearing mediation conference shall be scheduled within 15
calendar days of receipt by the Superintendent of the request for
mediation, and shall be completed within 30 calendar days after the
request for mediation, unless both parties to the prehearing
mediation conference agree to extend the time for completing the
mediation, pursuant to Section 56500.3.
(r) Any request for a due process hearing arising from subdivision
(a) of Section 56501 shall be filed within two years from the date
the party initiating the request knew or had reason to know of facts
underlying the basis for the request, except that this timeline shall
not apply to a parent if the parent was prevented from requesting
the due process hearing, pursuant to subdivision (l) of Section
56505.
(s) The Superintendent shall ensure that, within 45 calendar days
after receipt of a written due process hearing request, the hearing
is immediately commenced and completed, including any mediation
requested at any point during the hearing process, and a final
administrative decision is rendered, pursuant to subdivision (f) of
Section 56502.
(t) If either party to a due process hearing intends to be
represented by an attorney in the due process hearing, notice of that
intent shall be given to the other party at least 10 calendar days
prior to the hearing, pursuant to subdivision (a) of Section 56507.
(u) Any party to a due process hearing shall have the right to be
informed by the other parties to the hearing, at least 10 calendar
days prior to the hearing, as to what those parties believe are the
issues to be decided at the hearing and their proposed resolution of
those issues, pursuant to paragraph (6) of subdivision (e) of Section
56505.
(v) Any party to a due process hearing shall have the right to
receive from other parties to the hearing, at least five business
days prior to the hearing, a copy of all documents, including all
assessments completed and not completed by that date, and a list of
all witnesses and their general area of testimony that the parties
intend to present at the hearing, pursuant to paragraph (7) of
subdivision (e) of Section 56505.
(w) An appeal of a due process hearing decision shall be made
within 90 calendar days of receipt of the hearing decision, pursuant
to subdivision (k) of Section 56505.
(x) When an individualized education program calls for a
residential placement as a result of a review by an expanded
individualized education program team, the individualized education
program shall include a provision for a review, at least every six
months, by the full individualized education program team of all of
the following pursuant to paragraph (2) of subdivision (c) of Section
7572.5 of the Government Code:
(1) The case progress.
(2) The continuing need for out-of-home placement.
(3) The extent of compliance with the individualized education
program.
(4) Progress toward alleviating the need for out-of-home care.
(y) A complaint filed with the department shall allege a violation
of the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred
not more than one year prior to the date that the complaint is
received by the department, pursuant to Section 56500.2 and Section
300.153(c) of Title 34 of the Code of Federal Regulations.