Amended in Assembly April 22, 2014

Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2560

Introduced by Assembly Member Bonilla

February 21, 2014

An act to amend Section 44252 of the Education Code, relating to teacher credentialing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2560, as amended, Bonilla. Teacher credentialing: begin delete renewal: end delete begin insert applications: end insert child abuse reporting.

Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the initial issuance and renewal of teaching credentials.

Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined to include a teacher, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.

This bill would require the commission, as part of its standards and procedures for begin insert the issuance or end insert renewal of teaching or services credentials, to require an begin insert initial or renewal end insert applicant who begin delete renews end delete begin insert submits an initial or renewal application for end insert his or her credential begin delete online end delete begin insert online, or an initial applicant who submits an application in paper form, end insert to read and attest by begin delete an electronic end delete signature a statement that is substantially in a specified form that the applicant understands the duties imposed on a holder of a teaching credential or a services credential by the Child Abuse and Neglect Reporting Act, as provided. The bill would also make nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 44252 of the Education Code is amended
to read:

44252.  

(a) (1) The commission shall establish standards and
procedures for the initial issuance and renewal of credentials.

(2) (A) The commission shall require an begin insert initial or renewal end insert
applicant who begin delete renews end delete begin insert submits an initial or renewal application end insert
his or her credential online, as part of the begin delete renewal end delete begin insert application end insert
process, to read and attest by electronic signature a statement that
the applicant for begin delete renewal end delete begin insert the credential end insert understands the duties
imposed on a holder of a teaching credential or a services credential
pursuant to the Child Abuse and Neglect Reporting Act (Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code), including, but not limited to, the duty
of a holder of a teaching credential or a services credential to report
to any police department, sheriff's department, county probation
department authorized to receive reports, or county welfare
department, whenever he or she, in his or her professional capacity
or within the scope of his or her employment, has knowledge of
or observes a child whom the holder of a teaching credential or a
services credential knows or reasonably suspects has been the
victim of child abuse or neglect.

begin insert

(B) The commission shall require an initial applicant who
submits an application in paper form, as part of the application
process, to read and attest by signature a statement that the
applicant understands the duties imposed on a holder of a teaching
credential or a services credential pursuant to the Child Abuse
and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code),
including, but not limited to, the duty of a holder of a teaching
credential or a services credential to report to any police
department, sheriff’s department, county probation department
authorized to receive reports, or county welfare department,
whenever he or she, in his or her professional capacity or within
the scope of his or her employment, has knowledge of or observes
a child whom the holder of a teaching credential or a services
credential knows or reasonably suspects has been the victim of
child abuse or neglect.

end insert begin delete

(B)

end delete

begin insert (C) end insert  The statement described in begin delete subparagraph (A) end delete begin insert subparagraphs
(A) and (B) end insert shall be substantially in the following form:

“As a documentholder authorized to work with children, it is
part of my professional and ethical duty to report every instance
of child abuse or neglect known or suspected to have occurred to
a child with whom I have professional contact.

I understand that I must report immediately, or as soon as
practicably possible, by telephone to a law enforcement agency
or a child protective agency, and will send a written report and
any evidence relating to the incident within 36 hours of becoming
aware of the abuse or neglect of the child.

I understand that reporting the information regarding a case of
possible child abuse or neglect to an employer, supervisor, school
principal, school counselor, coworker, or other person is not a
substitute for making a mandated report to a law enforcement
agency or a child protective agency.

I understand that the reporting duties are individual and no
supervisor or administrator may impede or inhibit my reporting
duties.

I understand that once I submit a report, I am not required to
disclose my identity to my employer.

I understand that my failure to report an instance of suspected
child abuse or neglect as required by the Child Abuse and Neglect
Reporting Act under Section 11166 of the Penal Code is a
misdemeanor punishable by up to six months in jail or by a fine
of one thousand dollars ($1,000), or by both that imprisonment
and fine.

I acknowledge and certify that as a documentholder, I will fulfill
all the duties required of a mandated reporter.”

(b) The commission shall not issue initially a credential, permit,
certificate, or renewal of an emergency credential to a person to
serve in the public schools unless the person has demonstrated
proficiency in basic reading, writing, and mathematics skills in
the English language as provided in Section 44252.5 or begin delete Section end delete
44252.7. The commission shall exempt the following persons from
the basic skills proficiency test requirement:

(1) A person credentialed solely for the purpose of teaching
adults in an apprenticeship program.

(2) An applicant for an adult education designated subject
credential for other than an academic subject.

(3) A person credentialed in another state who is an applicant
for employment in a school district in this state who has passed a
basic skills proficiency examination administered by the state
where the person is credentialed.

(4) A person credentialed in another state who is an applicant
for employment in a school district in this state who has passed a
basic skills proficiency examination that has been developed and
administered by the school district offering that person
employment, by cooperating school districts, or by the appropriate
county office of education. School districts administering a basic
skills proficiency examination under this paragraph shall comply
with the requirements of subdivision (h) of Section 44830. The
applicant shall be granted a nonrenewable credential, valid for not
longer than one year, pending fulfillment of the basic skills
proficiency requirement pursuant to Section 44252.5.

(5) An applicant for a child care center permit or a permit
authorizing service in a development center for the handicapped,
so long as the holder of the permit is not required to have a
baccalaureate degree.

(6) The holder of a credential, permit, or certificate to teach,
other than an emergency permit, who seeks an additional
authorization to teach.

(7) An applicant for a credential to provide service in the health
profession.

(8) An applicant who achieves scores on the writing, reading,
and mathematics sections of the College Board SAT Reasoning
Test, the enhanced ACT Test, or the California State University
Early Assessment Program that are sufficient to waive the English
placement test and the entry level mathematics examination
administered by the California State University.

(9) An applicant for an eminence credential to be issued pursuant
to Section 44262.

(c) (1) The Superintendent shall adopt an appropriate state test
to measure proficiency in these basic skills. In adopting the test,
the Superintendent shall seek assistance from the commission and
an advisory board. A majority of the members of the advisory
board shall be classroom teachers. The advisory board also shall
include representatives of school boards, school administrators,
parents, and postsecondary educational institutions.

(2) The Superintendent shall adopt a normed test that the
Superintendent determines will sufficiently test basic skills for
purposes of this section.

(3) The Superintendent, in conjunction with the commission
and approved teacher training institutions, shall take steps
necessary to ensure the effective implementation of this section.

(d) This section does not require the holders of, or applicants
for, a designated subjects special subjects credential to pass the
state basic skills proficiency test unless the requirements for the
specific credential required the possession of a baccalaureate
degree. The governing board of a school district, or the governing
board of a consortium of school districts, or the governing board
involved in a joint powers agreement, which employs a holder of
a designated subjects special subjects begin delete credential end delete begin insert credential, end insert shall
establish its own basic skills proficiency criteria for the holders of
these credentials and shall arrange for those individuals to be
assessed. The basic skills proficiency criteria established by the
governing board shall be at least equivalent to the test required by
the district, or in the case of a consortium or a joint powers
agreement, by any of the participating districts, for graduation
from high school. The governing board or boards may charge a
fee to individuals being tested to cover the costs of the test,
including the costs of developing, administering, and grading the
test.

(e) The commission shall compile data regarding the rate of
passing the state basic skills proficiency test by persons who have
been trained in various institutions of higher education. The data
shall be available to members of the public, including to persons
who intend to enroll in teacher education programs.

(f) (1) Each applicant to an approved credential program, unless
exempted by subdivision (b), shall take the state basic skills
proficiency test in order to provide both the prospective applicant
and the program with information regarding the proficiency level
of the applicant. Test results shall be forwarded to each California
postsecondary educational institution to which the applicant has
applied. The program shall use test results to ensure that, upon
admission, each applicant receives appropriate academic assistance
necessary to pass the state basic skills proficiency test. Persons
residing outside the state shall take the test no later than the second
available administration following their enrollment in a credential
program.

(2) It is the intent of the Legislature that applicants for admission
to teacher preparation programs not be denied admission on the
basis of state basic skills proficiency test results.