BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2160| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: AB 2160 Author: Bass (D) Amended: 4/6/10 in Assembly Vote: 21 SENATE EDUCATION COMMITTEE : 6-0, 6/16/10 AYES: Romero, Huff, Emmerson, Hancock, Liu, Price NO VOTE RECORDED: Alquist, Simitian, Wyland SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 74-0, 4/22/10 - See last page for vote SUBJECT : Teacher credentialing: instruction to pupils with autism SOURCE : Author DIGEST : This bill extends, until October 1, 2013, employment options that allow teachers who hold a credential authorizing them to teach students with mild to moderate disabilities to also serve students with autism spectrum disorders. ANALYSIS : Existing law authorizes the Commission on Teacher Credentialing (CTC) to issue credentials for teaching specialties, including bilingual education, early childhood education, and special education. Education specialist credentials authorize a holder to teach special education students in various areas of specialization such CONTINUED AB 2160 Page 2 as mild/moderate disabilities, moderate/severe disabilities, deaf and hard of hearing, visual impairments, physical and health impairments, and early childhood special education. Existing law requires the CTC to report to the Legislature and the Governor by December 1, 2007, on the current existing process and requirements for obtaining a specialist credential in special education and recommend modifications to enhance and expedite these procedures. Existing law, AB 2302 (Bass), Chapter 4, Statutes of 2008, outlines temporary options authorizing local education agencies and schools to assign teachers who hold a Level 1 Education Specialist Credential authorizing the instruction of students with mild/moderate disabilities to serve students with autism spectrum disorders. Existing law makes this employment option inoperative on August 31, 2011, or two years after the CTC adopts regulations to implement the recommendations in the 2007 report, whichever occurs first, and is repealed on January 1, 2012, unless a later enacted statute extends or deletes the sunset date. To be assigned under these options, a teacher must have either: 1.Provided full-time instruction for at least one year prior to September 1, 2007, in a special education program that serves pupils with autism pursuant to their individualized education programs and received a favorable evaluation or recommendation to teach pupils with autism form the local educational agency or school; or 2.Completed a minimum of three semester units of coursework in the subject of autism offered by a regionally accredited institution of higher education. This bill: 1.Extends to October 1, 2013, the options authorizing local education agencies and schools to assign teachers with a mild/moderate education specialist credential to teach pupils with autism spectrum disorders. CONTINUED AB 2160 Page 3 2.Repeals the December 2007 reporting requirement because the CTC satisfied the requirement. 3.Removes the Level 1 limitation on the options, thus allowing Level II education specialist credential holders who meet the specified requirements to be assigned to teach children with autism spectrum disorders. Background Historically, students with autism were placed in classroom settings taught by special education teachers authorized to provide instruction to students with moderate/severe disabilities. Today, autism is considered to be part of a group of disorders known as autism spectrum disorders that cause a range of difficulties including language delays, communication problems, limited social skills, and repetitive and other unusual behaviors. According to the California Legislative Blue Ribbon Commission on Autism, schools in California have seen a doubling of students with autism spectrum disorders in the past five years, exacerbating the existing shortage of special education teachers. In its 2007 report, the CTC found that while pupils with milder forms of autism spectrum disorders may be appropriately placed in classrooms with other students who have mild to moderate disabilities, districts experience challenges in placing students in these classrooms because the mild/moderate education specialist credential did not authorize teaching pupils with autism spectrum disorders. Although the CTC has adopted regulations that enable existing special education teachers to add an authorization for autism spectrum disorders to their credential, the author's office maintains that the 2011 sunset date specified in current law may not provide sufficient time for these teachers to complete the training required for the added authorization. By extending the sunset date to October 1, 2013, the author hopes this bill will maintain the bridge that is enabling special education teachers to work with autism spectrum disorders pupils while they complete requirements and coursework necessary for the CONTINUED AB 2160 Page 4 added authorization. The 2007 report the CTC submitted to the Legislature and the Governor included various recommendations to enhance the requirements and process for education specialist credentials. Key recommendations included the need to ensure that all future special education credential candidates receive appropriate training to provide instructional services to pupils with autism spectrum disorders and the need to provide routes for existing special education teachers to be come authorized to provide services to autism spectrum disorders pupils. Based on recommendations contained in the report, the CTC approved new pathways for existing special education teachers to voluntarily become authorized to teach students with autism spectrum disorders. The following authorizations were approved by the Office of Administrative Law on July 3, 2009: 1. Added Authorization for Autism Spectrum Disorders . This authorization allows any existing special education credential holder who completes a Commission-approved program for this authorization to teach students with autism spectrum disorders. 2. Special Education Limited Assignment Permit . This permit, which establishes requirements that mirror the employment options authorized by AB 2302 (Bass), allows a special education teacher to teach pupils with autism spectrum disorders while they are completing the requirements for the autism spectrum disorders added authorization or completing requirements for the moderate/severe education specialist credential. Prior/Related Legislation AB 2302 (Bass), Chapter 41, Statutes of 2008, authorized, until August 31, 2011, local education agencies to assign special education teachers with a Level 1 credential for mild/moderate disabilities to teach autism spectrum disorders pupils. Passed the Senate Floor with a vote of 35-0 on June 19, 2008. SB 1209 (Scott), Chapter 517, Statutes of 2006, required CONTINUED AB 2160 Page 5 the CTC to convene a workgroup to examine the needs of special education programs and make recommendations to the Legislature to streamline the credentialing process of special education teachers. Passed the Senate Floor with a vote of 29-11 on August 29, 2006. SCR 51 (Perata), Chapter 124, Statutes of 2005, established a 16-member California Blue Ribbon Commission on Autism. The Commission submitted its findings and recommendations to the Governor and the Legislature in September 2007. Passed the Senate Floor with a vote of 39-0 on September 7, 2005. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee, there will be minor, absorbable General Fund costs to the CTC for implementation. SUPPORT : (Verified 6/29/10) California Association of School Psychologists California Association of Special Educators California School Boards Association California Teaches Association Commission on Teacher Credentialing Los Angeles County Office of Education Special Education Local Plan Area Administrators OPPOSITION : (Verified 6/29/10) Developmental Disabilities Area Board 10 State Council on Developmental Disabilities ARGUMENTS IN SUPPORT : The California School Boards Association writes, "AB 2160 would extend the inoperative date for this statute from 2011 to 2013, and the expiration date from 2012 to 2014. This will allow local educational agencies to continue meeting the needs of their students with autism while teacher candidates complete the permanent certificate requirements being implemented by the Commission on Teacher Credentialing." CONTINUED AB 2160 Page 6 ARGUMENTS IN OPPOSITION : According to the State Council on Developmental Disabilities, "Current law and recently enacted Commission on Teacher Credentialing (CTC) regulations are already sufficient to ensure there is a supply of teachers who can instruct students with autism to meet the demand. By extending this short term solution which temporarily lowered the bar, it calls into question when a short term solution becomes a permanent one - and this short term solution has not been evaluated as a permanent one." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Bradford, Brownley, Buchanan, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman, Norby, Vacancy CPM:cm 6/30/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED