BILL NUMBER: AB 2560	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 26, 2014
	PASSED THE ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 26, 2014

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, Bonilla. Teacher credentialing: applications: 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 the issuance or renewal of teaching or services
credentials, to require an initial or renewal applicant who submits
an initial or renewal application for his or her credential online,
or an initial applicant who submits an application in paper form, to
read and attest by 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.


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 initial or renewal
applicant who submits an initial or renewal application his or her
credential online, as part of the application process, to read and
attest by electronic signature a statement that the applicant for the
credential 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.
   (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.
   (C) The statement described in subparagraphs (A) and (B) 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 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 credential, 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.