BILL NUMBER: SB 511 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN ASSEMBLY AUGUST 24, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Committee on Education (Senators Romero (Chair),
Alquist, Hancock, Huff, Liu, Maldonado, Padilla, Simitian, and
Wyland)
FEBRUARY 26, 2009
An act to amend Sections 60641, 69613, 69613.6, 69667, 70101,
70104, 70124, 87482, and 87882 of the Education Code, and to amend
Section 68926.3 of the Government Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 511, Committee on Education. Education.
(1) Existing law establishes the Standardized Testing and
Reporting Program, also known as the STAR Program, and requires the
State Department of Education to ensure that school districts
administer the California Standards Test to their pupils, as
specified. Under existing law, a pupil or his or her parent or
guardian may authorize the release of the pupil's results to a
postsecondary educational institution.
This bill would require the department to ensure that a California
Standards Test that is augmented for the purpose of determining
readiness for college-level coursework inform a pupil in grade 11
that he or she may request that results from that assessment be
released to a postsecondary educational institution.
(2) Existing law establishes the Assumption Program of Loans for
Education, the California Physician Assistant Loan Assumption
Program, and the State Nursing Assumption Program of Loans for
Education, each administered by the Student Aid Commission, whereby
eligible postsecondary education students may enter into loan
repayment agreements with the commission in exchange for working in
certain specified high-need areas at certain occupations.
This bill would make clarifying changes to these provisions
regarding the retention of student loans for program participants who
are unable to satisfy the terms of their loan assumption agreements.
(3) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges. Existing law requires that any person who is
employed to teach adult or community college classes for not more
than 67% of the hours per week considered a full-time assignment for
regular employees having comparable duties, excluding substitute
service, be classified as a temporary employee.
Existing law authorizes the governing board of a community college
district to employ any qualified individual as a temporary faculty
member. Except for clinical nursing faculty as provided below,
temporary faculty members serving pursuant to this provision may not
be employed by any one school district for more than 2 semesters or 3
quarters within any period of 3 consecutive years. A temporary
faculty member serving as a full-time clinical nursing faculty or as
part-time clinical nursing faculty teaching 60% or more of the hours
per week considered a full-time assignment for regular employees may
be employed by any one school district for up to 4 semesters or 6
quarters within any period of 3 consecutive academic years between
July 1, 2007, and June 30, 2014, inclusive.
This bill would instead allow nursing faculty that teach up to 67%
of the hours per week considered a full-time assignment for regular
employees having comparable duties, excluding substitute service, to
be employed by any one school district in the amounts described
above.
(4) Existing law creates the Community College Part-Time Faculty
Office Hours Program to provide community college students equal
access to academic advice assistance and to encourage community
college districts to provide opportunities by compensating part-time
faculty who hold office hours related to their teaching load.
"Part-time faculty" is defined as any person who is employed to teach
for not more than 60% of the hours per week considered a full-time
assignment.
This bill would change the definition of "part-time faculty" by
increasing the percentage of the hours per week to 67.
(5) Existing law imposes a filing fee of $485 to file a notice of
appeal in a civil case. Existing law requires, until January 1, 2010,
that $65 of this fee be deposited into the California State Law
Library Special Account for the support of the California State Law
Library.
This bill would extend the operation of these provisions until
January 1, 2015.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 60641 of the Education Code is amended to read:
60641. (a) The department shall ensure that school districts
comply with each of the following requirements:
(1) The standards-based achievement test provided for in Section
60642.5 is scheduled to be administered to all pupils during the
period prescribed in subdivision (b) of Section 60640.
(2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The written report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the school district of the test score. This
subdivision does not require teachers or other school district
personnel to prepare individualized explanations of the test score of
each pupil.
(3) (A) The individual results of each pupil test administered
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The school district shall include the test
results of a pupil in his or her pupil records. However, except as
provided in this section, individual pupil test results only may be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
(B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.
(4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
(b) The publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual pupil,
grade, school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25. The
department shall make the grade, school, school district, and state
results available on the Internet by August 15 of each year in which
the achievement test is administered for those schools for which the
last day of test administration, including makeup days, is on or
before June 25.
(c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
(d) The department shall ensure that a California Standards Test
that is augmented for the purpose of determining credit, placement,
or readiness for college-level coursework of a pupil in a
postsecondary educational institution inform a pupil in grade 11 that
he or she may request that the results from that assessment be
released to a postsecondary educational institution.
SEC. 2. Section 69613 of the Education Code is amended to read:
69613. (a) Program participants shall meet all of the following
eligibility criteria prior to selection in the program and shall
continue to meet these criteria, as appropriate, during the payment
periods:
(1) The applicant has completed at least 60 semester units, or the
equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at an eligible institution, has agreed to
participate in a teacher internship program, or has been admitted to
a program of professional preparation that has been approved by the
Commission on Teacher Credentialing.
(2) The applicant is currently enrolled in, or has been admitted
to, a program in which he or she will be enrolled on at least a
half-time basis, as determined by the participating institution. The
applicant shall agree to maintain satisfactory academic progress and
a minimum of half-time enrollment, as defined by the participating
eligible institution.
(A) Except as provided in subparagraphs (B) and (C), if a person
participating in the program fails to maintain at least half-time
enrollment, as required by this article, under the terms of the
agreement pursuant to paragraph (2), the loan assumption agreement
shall be invalidated and the participant shall retain full liability
for all student loan obligations. This subparagraph shall not apply
if the participant is in his or her final semester or quarter in
school and has no additional coursework required to obtain his or her
teaching credential.
(B) Notwithstanding subparagraph (A), if a program participant is
unable to maintain at least half-time enrollment due to serious
illness, pregnancy, or other natural causes, or is called to active
military duty status, the participant is not required to retain full
liability for the student loan obligation for a period not to exceed
one calendar year, unless approved by the commission for a longer
period.
(C) If a natural disaster prevents a program participant from
maintaining at least half-time enrollment due to the interruption of
instruction at the eligible institution, the term of the loan
assumption agreement shall be extended for a period not to exceed one
calender year, unless approved by the commission for a longer
period.
(3) The applicant has been judged by his or her postsecondary
institution, school district, or county office of education to have
outstanding ability on the basis of criteria that may include, but
need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any educational loan program approved by the Student Aid
Commission.
(5) The applicant has agreed to teach full time for at least four
consecutive academic years, or on a part-time basis for the
equivalent of four full-time academic years, after obtaining a
teaching credential in a public elementary or secondary school in
this state, in a subject area that is designated as a current or
projected shortage area by the Superintendent of Public Instruction,
or, on the date the teacher is hired, at an eligible school.
(b) An agreement shall remain valid even if the subject area under
which an applicant becomes eligible to enter into an agreement
ceases to be a designated shortage field by the time the applicant
becomes a teacher.
(c) For the purposes of calculating eligible years of teaching for
the redemption of an award, the designation by the Superintendent of
Public Instruction of a newly opened school pursuant to Section
52056 shall apply retroactively from the date the school first
opened.
(d) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
(e) A person participating in the program pursuant to this section
shall not owe a refund on any state or federal educational grant or
defaulted on any student loan.
(f) Notwithstanding any other provision of this section, a
credentialed teacher teaching in a public school ranked in the lowest
two deciles on the Academic Performance Index pursuant to Section
52052, possesses a clear multiple subject or single subject teaching
credential or level II education specialist credential and who has
not otherwise participated in the program established by this
article, is eligible to enter into an agreement for loan assumption
pursuant to this article. The number of loan assumption agreements
provided pursuant to this subdivision shall not exceed 400 per year.
The commission shall develop and adopt regulations for the
implementation of this subdivision by January 1, 2010.
SEC. 3. Section 69613.6 of the Education Code is amended to read:
69613.6. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive school
years of classroom instruction on a full-time basis or the equivalent
on a part-time basis as required by this article, under the terms of
the agreement pursuant to paragraph (5) of subdivision (a) of
Section 69613, the participant shall retain full liability for all
student loan obligations remaining after the commission's assumption
of loan liability for the last year of qualifying teaching service
pursuant to Section 69613.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the four consecutive years of
teaching service on a full-time basis or the equivalent on a
part-time basis due to serious illness, pregnancy, or other natural
causes, or is called to active military duty status, the participant
shall receive a deferral of the resumption of full liability for the
loan for a period not to exceed one calendar year, unless approved by
the commission for a longer period. The commission shall make no
further payments under the loan assumption agreement until the
applicable teaching requirements specified in Section 69613.2 have
been specified.
(c) (1) Notwithstanding subdivision (a), a program participant
shall receive a deferral of the resumption of full liability for the
loan for a period not to exceed one calendar year, unless approved by
the commission for a longer period, if the participant becomes
unable to complete one of the four consecutive years of teaching
service due to being laid off, reassigned, or other reasons beyond
the control of the participant, as determined by the commission.
(2) The commission shall make no further payments under the loan
assumption agreement until the applicable teaching requirements
specified in Section 69613.2 have been satisfied.
(d) If a program participant fails to redeem an agreement for
student loan assumption within 10 years of the agreement's issuance,
the participant shall retain full liability for all student loan
obligations.
SEC. 4. Section 69667 of the Education Code is amended to read:
69667. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive years of
service as a physician assistant on a full-time basis or the
equivalent on a part-time basis in a medically underserved area of
the state as required by this article, under the terms of the
agreement pursuant to paragraph (5) of subdivision (b) of Section
69662, the participant shall retain full liability for all student
loan obligations remaining after the commission's assumption of loan
liability for the last year of qualifying service pursuant to Section
69662.
(b) Notwithstanding subdivision (a), a program participant shall
be excused from the consecutive years of service requirement for a
period not to exceed one calendar year, unless approved by the
commission for a longer period, if a program participant becomes
unable to complete one of the four consecutive years of service as a
physician assistant on a full-time basis or the equivalent on a
part-time basis due to any of the following:
(1) Serious illness, pregnancy, or other natural causes.
(2) The participant is called to military active duty status.
(3) A natural disaster prevents a program participant from
maintaining half-time enrollment due to the interruption of
instruction at the eligible institution.
(c) The commission shall make no further payments under the loan
assumption agreement until the applicable service requirements
specified in Section 69665 have been satisfied.
SEC. 5. Section 70101 of the Education Code is amended to read:
70101. (a) Program participants shall meet all of the following
eligibility criteria prior to selection into the program, and shall
continue to meet these criteria, as appropriate, during the payment
periods:
(1) The participant shall be a United States citizen or eligible
noncitizen.
(2) The participant shall be a California resident who, at a
minimum, possesses a baccalaureate degree in nursing or a field
related to nursing.
(3) The participant shall have complied with United States
Selective Service requirements.
(4) The participant shall not owe a refund on any state or federal
educational grant or have delinquent or defaulted student loans.
(b) (1) Any person who has obtained a baccalaureate or graduate
degree from an institution of postsecondary education, and who is
participating in the loan assumption program set forth in this
article, may be eligible to receive a conditional loan assumption
agreement, to be redeemed pursuant to this chapter upon meeting the
criteria of Section 70102.
(2) A person who is currently teaching nursing at a regionally
accredited California college or university is not eligible to enter
into an agreement for loan assumption under this article.
(c) (1) The commission shall award loan assumption agreements to
either of the following applicants who otherwise meet the eligibility
criteria of this section:
(A) An applicant who has been admitted to or enrolled in an
academic program leading to a graduate level degree and demonstrates
academic ability.
(B) An applicant with a baccalaureate, or baccalaureate and
graduate degrees.
(2) (A) An applicant who is pursuing a graduate degree shall be
enrolled on at least a half-time basis each academic term as defined
by an eligible institution and shall agree to maintain satisfactory
academic progress.
(B) Except as provided in subparagraph (C), if a program
participant fails to maintain half-time enrollment as required by
this article, under the terms of the agreement pursuant to
subparagraph (A), the loan assumption agreement shall be deemed
invalid. The participant shall retain full liability for all student
loan obligations. The participant is excused from the half-time
enrollment requirement if the student is in his or her final term in
school and has no additional coursework required to obtain his or her
graduate degree in nursing or a field related to nursing.
(C) Notwithstanding subparagraph (B), a program participant shall
be excused from the half-time enrollment requirement for a period not
to exceed one calendar year, unless approved by the commission for a
longer period, if a program participant becomes unable to maintain
half-time enrollment due to any of the following:
(i) Serious illness, pregnancy, or other natural causes.
(ii) The participant is called to military active duty status.
(iii) A natural disaster prevents the participant from maintaining
half-time enrollment due to the interruption of instruction at the
eligible institution.
(3) The applicant shall have been judged by his or her
postsecondary institution or employer, whichever is applicable, to
have outstanding ability on the basis of criteria that may include,
but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant shall have received, or be approved to receive,
a loan under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) The Federal Direct Loan Program.
(C) Any loan program approved by the commission.
(5) (A) The applicant shall have agreed to teach nursing on a
full-time basis at one or more regionally accredited California
colleges or universities for at least three years, or on a part-time
basis for the equivalent of three full-time academic years,
commencing not more than 12 months after obtaining an academic
degree, unless the applicant, within 12 months after obtaining the
academic degree, enrolls in an academic degree program leading to a
more advanced degree in nursing or a field related to nursing.
(B) A participant who possesses a baccalaureate or graduate degree
at the time of application to the program shall agree to teach
nursing on a full-time or part-time basis commencing not more than 12
months after receiving a loan assumption award.
(6) An applicant who teaches on less than a full-time basis may
participate in the program, but is not eligible for loan repayment
until that person teaches for the equivalent of a full-time academic
year.
(d) A person participating in the program pursuant to this section
shall not receive more than one loan assumption agreement, and shall
not be eligible to receive a grant pursuant to Article 3.51
(commencing with Section 78260) of Chapter 2 of Part 48.
SEC. 6. Section 70104 of the Education Code is amended to read:
70104. (a) Except as provided in subdivisions (b) and (c), if a
program participant fails to complete a minimum of three academic
years of teaching on a full-time basis or the equivalent on a
part-time basis, as required by this article under the terms of the
agreement pursuant to paragraph (5) of subdivision (c) of Section
70101, the loan assumption agreement is no longer effective and shall
be deemed terminated, and the commission shall not make any further
payments. The participant shall retain responsibility for any
remaining loan obligations, but shall not be required to repay any
loan payments previously made through this program.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the three years of teaching service
on a full-time basis, or the equivalent on a part-time basis, due to
a serious illness, pregnancy, or other natural causes, or due to
being called to military active duty status, the term of the loan
assumption agreement shall be extended for a period not to exceed one
academic year, unless extended by the commission on a case-by-case
basis. The commission shall make no further payments under the loan
assumption agreement until the applicable teaching requirements
specified in Section 70103 have been satisfied.
(c) Notwithstanding subdivision (a), if a natural disaster
prevents a program participant from completing one of the required
years of teaching service due to the interruption of instruction at
the employing regionally accredited California college or university,
the term of the loan assumption agreement shall be extended for the
period of time equal to the period from the interruption of
instruction at the employing regionally accredited California college
or university to the resumption of instruction. The commission shall
make no further payments under the loan assumption agreement until
the applicable teaching requirements specified in Section 70103 have
been satisfied.
SEC. 7. Section 70124 of the Education Code is amended to read:
70124. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive years of
full-time employment as required by this article, under the terms of
the agreement pursuant to paragraph (5) of subdivision (b) of Section
70120, the participant shall retain full liability for all student
loan obligations remaining after the commission's assumption of loan
liability for the last year of qualifying clinical registered nursing
service pursuant to Section 70123.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the four consecutive years of
qualifying clinical registered nursing service due to serious
illness, pregnancy, or other natural causes, the term of the loan
assumption agreement shall be extended for a period not to exceed one
year. The commission shall make no further payments under the loan
assumption agreement until the applicable work requirements as
specified in Section 70122 have been satisfied.
(c) If a natural disaster prevents a program participant from
completing one of the required years of work due to the interruption
of employment at the employing state facility, the term of the loan
assumption agreement shall be extended for the period of time equal
to the period from the interruption of employment at the employing
state facility to the resumption of employment. The commission shall
make no further payments under the loan assumption agreement until
the applicable employment requirements specified in Section 70123
have been satisfied.
SEC. 8. Section 87482 of the Education Code is amended to read:
87482. (a) (1) Notwithstanding Section 87480, the governing board
of a community college district may employ any qualified individual
as a temporary faculty member for a complete school year, but not
less than a complete semester or quarter during a school year. The
employment of those persons shall be based upon the need for
additional faculty during a particular semester or quarter because of
the higher enrollment of students during that semester or quarter as
compared to the other semester or quarter in the academic year, or
because a faculty member has been granted leave for a semester,
quarter, or year, or is experiencing long-term illness, and shall be
limited, in number of persons so employed, to that need, as
determined by the governing board.
(2) Employment of a person under this subdivision may be pursuant
to contract fixing a salary for the entire semester or quarter.
(b) A person, other than a person serving as clinical nursing
faculty and exempted from this subdivision pursuant to paragraph (1)
of subdivision (c), shall not be employed by any one district under
this section for more than two semesters or three quarters within any
period of three consecutive years.
(c) (1) Notwithstanding subdivision (b), a person serving as
full-time clinical nursing faculty or as part-time clinical nursing
faculty teaching the hours per week described in Section 87482.5 may
be employed by any one district under this section for up to four
semesters or six quarters within any period of three consecutive
academic years between July 1, 2007, and June 30, 2014, inclusive.
(2) A district that employs faculty pursuant to this subdivision
shall provide data to the chancellor's office as to the number of
faculty members were hired under this subdivision, and what the ratio
of full-time to part-time faculty was for each of the three academic
years prior to the hiring of faculty under this subdivision and for
each academic year for which faculty is hired under this subdivision.
This data shall be submitted, in writing, to the chancellor's office
on or before June 30, 2012.
(3) The chancellor shall report, in writing, to the Legislature
and the Governor on or before September 30, 2012, in accordance with
data received pursuant to paragraph (2), the number of districts that
hired faculty under this subdivision, the number of faculty members
hired under this subdivision, and what the ratio of full-time to
part-time faculty was for these districts in each of the three
academic years prior to the operation of this subdivision and for
each academic year for which faculty is hired under this subdivision.
(4) A district may not employ a person pursuant to this
subdivision if the hiring of that person results in an increase in
the ratio of part-time to full-time nursing faculty in that district.
SEC. 9. Section 87882 of the Education Code is amended to read:
87882. For purposes of this article, "part-time faculty" means
any person who is employed to teach for not more than the hours per
week described in Section 87482.5.
SEC. 10. Section 68926.3 of the Government Code is amended to
read:
68926.3. (a) Notwithstanding any other provision of law,
sixty-five dollars ($65) of each fee collected in a civil case by the
clerk of each court of appeal pursuant to Section 68926 shall be
paid into the State Treasury for deposit in a special account in the
General Fund to be known as the California State Law Library Special
Account, which account is hereby established.
(b) Moneys deposited in the California State Law Library Special
Account shall be available for the support of the California State
Law Library upon appropriation thereto by the Legislature in the
annual Budget Act.
(c) This section shall remain in effect only until January 1,
2015, and as of that date, is repealed, unless a later statute that
is enacted before that date extends or repeals that date.