Amended in Assembly March 8, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1918

Introduced by Assembly Member O'Donnell

February 11, 2016

An act to begin insert amend Sections 44332, 44332.5, and 44332.6 of, and to end insert add and repeal Article 15 (commencing with Section begin delete 44410) end delete begin insert 44405) end insert of Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, relating to teacher credentialing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1918, as amended, O'Donnell. Teacher credentialing: begin delete nonpublic, nonsectarian schools: end delete temporary certificates.

begin delete

Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.

end delete

begin insert (1) end insert begin insert   end insert Existing law authorizes begin insert a county board of education or city and end insert county begin delete boards end delete begin insert board end insert of education to issue temporary certificates to begin delete a end delete certified begin delete employee end delete begin insert employees end insert whose credentials are being processed by the Commission on Teacher Credentialing. begin insert Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice. end insert

begin insert

This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission.

end insert begin insert

(2) Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.

end insert begin insert

This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission.

end insert begin insert

(3) Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.

end insert

This bill would authorize a county begin insert end insert begin insert board of education end insert or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian begin delete schools end delete begin insert schools, including individuals certified in another state, end insert whose credentials are being processed by the commission, as provided. begin insert The bill would require a county end insert begin insert board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies. end insert

begin delete

This

end delete

begin insert The end insert bill would require the commission to begin delete permit end delete begin insert honor requests to expedite teacher credentialing processing from end insert the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school begin delete to request to expedite teacher credentialing processing end delete to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.

The bill would require the begin delete Sate end delete begin insert State end insert Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county begin insert end insert begin insert board of education end insert or city and county board of education authorized by this bill.

The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44332 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44332.  

(a) Except where that service is provided by a school
district authorized to register certification documents pursuant to
Section 44332.5, each county begin insert end insert begin insert board of education end insert or city and county
board of education may issue temporary certificates for the purpose
of authorizing salary payments to certified begin delete employees end delete begin insert employees,
including individuals certified in another state, end insert whose credential
applications are being processed or to personnel employed in
children’s centers or other preschool educational programs whose
permit applications are being processed. However, the individual
must have demonstrated proficiency in basic reading, writing, and
begin delete mathematic end delete begin insert mathematics end insert skills pursuant to the requirements of
Section 44252.5. The applicant for the temporary certificate shall
make a statement under oath that he or she has duly filed an
application for a credential or permit together with the required
fee and that, to the best of his or her knowledge, no reason exists
why a certificate or permit should not be issued. The certificate or
permit shall be valid for not more than one calendar year from the
date of issuance.

(b) The county begin insert board of education end insert or city and county board of
education shall cancel the temporary certificate or permit
immediately upon receipt of certification in writing from the
commission that the applicant apparently does not possess adequate
academic qualifications or apparently has a criminal record that
would disqualify the applicant.

(c) A temporary certificate issued to a permit applicant is not
valid beyond the time that the commission either issues or denies
the originally requested permit. A temporary certificate issued to
a credential applicant is not valid beyond the time that the
commission provides written notification to the county begin insert board of
education end insert or city and county board of education that the applicant
apparently does not possess adequate begin delete qualifications, end delete begin insert qualifications
or end insert that the commission has received facts that may cause denial
of the application, or begin insert beyond the time that the commission either end insert
issues or denies the originally requested credential.

(d) A county begin insert board of education end insert or city and county board of
education may not issue a temporary certificate to an applicant
whose teaching credential is revoked or suspended.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44332.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44332.5.  

(a)  begin insert (1) end insert begin insert   end insert A school district that may issue warrants
pursuant to Section 42647 may, at its discretion, provide for the
registration of a valid certification or other document authorizing
the holder to serve in a position requiring certification
qualifications as an employee of the school district.

begin insert

(2) A school district shall not provide for the registration of a
valid certification or other document authorizing the holder to
serve in a position requiring certification qualifications as an
employee of the school district until the school district has obtained
a certificate of clearance from the commission.

end insert

(b) During any period when summary criminal history
information is not available from the Federal Bureau of
Investigation, an applicant for an initial credential, certificate, or
permit shall not be employed in a position requiring certification
qualifications until he or she has met the minimum requirements
for a temporary certificate of clearance. A temporary certificate
of clearance or a credential, certificate, or permit authorizing
service in the public schools shall be issued when the applicant
has:

(1) Made full disclosure of all facts necessary to establish his
or her true identity.

(2) Made a statement under penalty of perjury that he or she
has not been convicted of a crime which would constitute grounds
for the denial of the credential, permit, or certificate applied for.

An applicant shall not be required to disclose, and the Committee
of Credentials shall not inquire into or consider, any acts or
omissions not related to the applicant’s fitness to teach or to
perform other duties for which he or she is certificated, or that is
related to his or her competence to perform the duties authorized
by his or her credential.

(3) Paid to the begin delete Commission on Teacher Credentialing end delete
begin insert commission end insert the amount of twelve dollars ($12) or the fees or costs
which have been or will be assessed by the Federal Bureau of
Investigation for the issuance of its summary criminal history of
the applicant when this information is once again made available
to the commission. The fees authorized by this paragraph shall be
applicable to all credentials, permits, and certificates which were
applied for or issued after October 1, 1981.

(c) Upon receipt of a statement from the Federal Bureau of
Investigation that it has no summary criminal history information
on the applicant, or upon receipt of the summary criminal history
information and clearance by the Committee of Credentials, a
temporary certificate of clearance shall be converted to a regular
certificate of clearance.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 44332.6 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44332.6.  

(a) (1) Before issuing a temporary certificate
pursuant to Section 44332, a county begin insert board of education end insert or city
and county board of education shall obtain a begin delete criminal record
summary about the applicant from the Department of Justice end delete
begin insert certificate of clearance from the commission end insert and shall not issue a
temporary certificate if the applicant has been convicted of a violent
or serious felony.

(2) Before issuing a temporary certificate of clearance pursuant
to Section 44332.5, a school district shall obtain a begin delete criminal record
summary about the applicant from the Department of Justice end delete
begin insert certificate of clearance from the commission end insert and shall not issue a
temporary certificate of clearance if the applicant has been
convicted of a violent or serious felony.

(b) This section applies to any violent or serious offense which,
if committed in this state would have been punishable as a violent
or serious felony.

(c) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.

(d) Notwithstanding subdivision (a), a person shall not be denied
a temporary certificate or a temporary certificate of clearance solely
on the basis that he or she has been convicted of a violent or serious
felony if the person has obtained a certificate of rehabilitation and
pardon pursuant to Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3 of the Penal Code.

(e) Notwithstanding subdivision (a), a person shall not be denied
a temporary certificate or a temporary certificate of clearance solely
on the basis that the person has been convicted of a serious felony
that is not also a violent felony, if that person can prove to the
sentencing court of the offense in question, by clear and convincing
evidence, that he or she has been rehabilitated for the purposes of
school employment for at least one year. If the offense in question
occurred outside this state, then the person may seek a finding of
rehabilitation from the court in the school district in which he or
she is a resident.

(f) (1) Notwithstanding paragraph (1) of subdivision (a), a
county begin insert board of education end insert or city and county board of education
may issue a temporary certificate to an employee currently and
continuously employed by a school district within the county who
is serving under a valid credential and has applied for a renewal
of that credential or for an additional credential without obtaining
a begin delete criminal record summary end delete begin insert certificate of clearance from the
commission end insert for that employee.

(2) Notwithstanding paragraph (2) of subdivision (a), a county
begin insert board of education end insert or city and county board of education may
issue a temporary certificate of clearance to an employee currently
and continuously employed by a school district within the county
who is serving under a valid credential and has applied for a
renewal of that credential or for an additional credential without
obtaining a begin delete criminal record summary end delete begin insert certificate of clearance from
the commission end insert for that employee.

begin delete SECTION 1. end delete
begin insert SEC. 4. end insert   

Article 15 (commencing with Section begin delete 44410) end delete begin insert 44405) end insert
is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:

 

Article 15.  Nonpublic, Nonsectarian Schools

 

begin delete 44410. end delete
begin insert 44405. end insert   

(a) A county begin insert board of education end insert or city and county
board of education may issue temporary certificates for the purpose
of authorizing salary payments to certified employees of nonpublic,
nonsectarian begin delete schools end delete begin insert schools, including individuals certified in
another state, end insert whose credential applications are being processed
by the commission. However, the begin delete individual end delete begin insert individuals end insert must have
demonstrated proficiency in basic reading, writing, and begin delete mathematic end delete
begin insert mathematics end insert skills pursuant to the requirements of Section 44252.5.
The applicant for begin delete the end delete begin insert a end insert temporary certificate shall make a statement
that he or she has duly filed an application with the commission
for a credential or permit together with the required fee and that,
to the best of his or her knowledge, no reason exists why a
certificate or permit should not be issued. The certificate or permit
shall be valid for not more than one calendar year from the date
of issuance.

(b) The county begin insert board of education end insert or city and county board of
education shall cancel the temporary certificate or permit
immediately upon receipt of certification in writing from the
commission that the applicant apparently does not possess adequate
academic qualifications or apparently has a criminal record that
would disqualify the applicant.

(c) A temporary certificate issued to a permit applicant is not
valid beyond the time that the commission either issues or denies
the originally requested permit. A temporary certificate issued to
a credential applicant is not valid beyond the time that the
commission provides written notification to the county begin insert board of
education end insert or city and county board of education that the applicant
apparently does not possess adequate begin delete qualifications, end delete begin insert qualifications
or end insert that the commission has received facts that may cause denial
of the application, or begin insert beyond the time that the commission either end insert
issues or denies the originally requested credential.

(d) A county begin insert board of education end insert or city and county board of
education may not issue a temporary certificate to an applicant
whose teaching credential is revoked or suspended.

(e) For purposes of this article, “nonpublic, nonsectarian school”
has the same meaning as defined in Section 56034.

begin insert

begin insert 44406. end insert   

(a) Before issuing a temporary certificate pursuant to
Section 44405, a county board of education or city and county
board of education shall obtain a certificate of clearance from the
commission.

(b) The conditions under which a temporary certificate issued
pursuant to Section 44405 may or shall be revoked, issued, or
denied, as applicable, shall be the same for nonpublic,
nonsectarian schools as for schools operated by local educational
agencies, as provided in Article 8 (commencing with Section
44330).

end insert

begin delete 44411. end delete
begin insert 44407. end insert   

The commission shall honor requests to expedite the
processing of applications for teacher credentialing received from
the department on behalf of an applicant employed or seeking
employment at a nonpublic, nonsectarian school to the same degree
the commission honors requests to expedite the processing of
applications for teacher credentialing received from another
employing agency.

begin delete 44412. end delete
begin insert 44408. end insert   

The department shall recognize the authority of all
teacher permits, credentials, and certificates issued by the
commission or a county begin insert board of education end insert or city and county
board of education authorized by this article.

begin delete 44413. end delete
begin insert 44409. end insert   

This article shall become inoperative on July 1, 2024,
and, as of January 1, 2025, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2025,
deletes or extends the dates on which it becomes inoperative and
is repealed.