Amended in Senate May 10, 2016

Amended in Assembly March 8, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1918


Introduced by Assembly Member O'Donnell

February 11, 2016


An act to amend Sections 44332, 44332.5, and 44332.6 of, and to add and repeal Article 15 (commencing with Section 44405) 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: temporary certificates.

(1) Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. 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.

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.

(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.

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

(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.

This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county 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.

The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education 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 other employing agencies.

The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education 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:

P3    1

SECTION 1.  

Section 44332 of the Education Code is amended
2to read:

3

44332.  

(a) Except where that service is provided by a school
4district authorized to register certification documents pursuant to
5Section 44332.5, each county board of education or city and county
6board of education may issue temporary certificates for the purpose
7of authorizing salary payments to certified employees, including
8individuals certified in another state, whose credential applications
9are being processed or to personnel employed in children’s centers
10or other preschool educational programs whose permit applications
11are being processed. However, the individual must have
12demonstrated proficiency in basic reading, writing, and
13mathematics skills pursuant to the requirements of Section 44252.5.
14The applicant for the temporary certificate shall make a statement
15under oath that he or she has duly filed an application for a
16credential or permit together with the required fee and that, to the
17best of his or her knowledge, no reason exists why a certificate or
18permit should not be issued. The certificate or permit shall be valid
19for not more than one calendar year from the date of issuance.

20(b) The county board of education or city and county board of
21education shall cancel the temporary certificate or permit
22immediately upon receipt of certification in writing from the
23commission that the applicant apparently does not possess adequate
24academic qualifications or apparently has a criminal record that
25would disqualify the applicant.

26(c) A temporary certificate issued to a permit applicant is not
27valid beyond the time that the commission either issues or denies
28the originally requested permit. A temporary certificate issued to
29a credential applicant is not valid beyond the time that the
30commission provides written notification to the county board of
31education or city and county board of education that the applicant
32apparently does not possess adequate qualifications or that the
33commission has received facts that may cause denial of the
34application, or beyond the time that the commission either issues
35or denies the originally requested credential.

36(d) A county board of education or city and county board of
37education may not issue a temporary certificate to an applicant
38whose teaching credential is revoked or suspended.

P4    1

SEC. 2.  

Section 44332.5 of the Education Code is amended to
2read:

3

44332.5.  

(a) (1) A school district that may issue warrants
4pursuant to Section 42647 may, at its discretion, provide for the
5registration of a valid certification or other document authorizing
6the holder to serve in a position requiring certification
7qualifications as an employee of the school district.

8(2) A school district shall not provide for the registration of a
9valid certification or other document authorizing the holder to
10serve in a position requiring certification qualifications as an
11employee of the school district until the school district has obtained
12a certificate of clearance from the commission.

13(b) During any period when summary criminal history
14information is not available from the Federal Bureau of
15Investigation, an applicant for an initial credential, certificate, or
16permit shall not be employed in a position requiring certification
17qualifications until he or she has met the minimum requirements
18for a temporary certificate of clearance. A temporary certificate
19of clearance or a credential, certificate, or permit authorizing
20service in the public schools shall be issued when the applicant
21has:

22(1) Made full disclosure of all facts necessary to establish his
23or her true identity.

24(2) Made a statement under penalty of perjury that he or she
25has not been convicted of a crime which would constitute grounds
26for the denial of the credential, permit, or certificate applied for.

27An applicant shall not be required to disclose, and the Committee
28of Credentials shall not inquire into or consider, any acts or
29omissions not related to the applicant’s fitness to teach or to
30perform other duties for which he or she is certificated, or that is
31related to his or her competence to perform the duties authorized
32by his or her credential.

33(3) Paid to the commission the amount of twelve dollars ($12)
34or the fees or costs which have been or will be assessed by the
35Federal Bureau of Investigation for the issuance of its summary
36 criminal history of the applicant when this information is once
37again made available to the commission. The fees authorized by
38this paragraph shall be applicable to all credentials, permits, and
39certificates which were applied for or issued after October 1, 1981.

P5    1(c) Upon receipt of a statement from the Federal Bureau of
2Investigation that it has no summary criminal history information
3on the applicant, or upon receipt of the summary criminal history
4information and clearance by the Committee of Credentials, a
5temporary certificate of clearance shall be converted to a regular
6certificate of clearance.

7

SEC. 3.  

Section 44332.6 of the Education Code is amended to
8read:

9

44332.6.  

(a) (1) Before issuing a temporary certificate
10pursuant to Section 44332, a county board of education or city and
11county board of education shall obtain a certificate of clearance
12from the commission and shall not issue a temporary certificate if
13the applicant has been convicted of a violent or serious felony.

14(2) Before issuing a temporary certificate of clearance pursuant
15to Section 44332.5, a school district shall obtain a certificate of
16clearance from the commission and shall not issue a temporary
17certificate of clearance if the applicant has been convicted of a
18violent or serious felony.

19(b) This section applies to any violent or serious offense which,
20if committed in this state would have been punishable as a violent
21or serious felony.

22(c) For purposes of this section, a violent felony is any felony
23listed in subdivision (c) of Section 667.5 of the Penal Code and a
24serious felony is any felony listed in subdivision (c) of Section
251192.7 of the Penal Code.

26(d) Notwithstanding subdivision (a), a person shall not be denied
27a temporary certificate or a temporary certificate of clearance solely
28on the basis that he or she has been convicted of a violent or serious
29felony if the person has obtained a certificate of rehabilitation and
30pardon pursuant to Chapter 3.5 (commencing with Section 4852.01)
31of Title 6 of Part 3 of the Penal Code.

32(e) Notwithstanding subdivision (a), a person shall not be denied
33a temporary certificate or a temporary certificate of clearance solely
34on the basis that the person has been convicted of a serious felony
35that is not also a violent felony, if that person can prove to the
36sentencing court of the offense in question, by clear and convincing
37evidence, that he or she has been rehabilitated for the purposes of
38school employment for at least one year. If the offense in question
39occurred outside this state, then the person may seek a finding of
P6    1rehabilitation from the court in the school district in which he or
2she is a resident.

3(f) (1) Notwithstanding paragraph (1) of subdivision (a), a
4county board of education or city and county board of education
5may issue a temporary certificate to an employee currently and
6continuously employed by a school district within the county who
7is serving under a valid credential and has applied for a renewal
8of that credential or for an additional credential without obtaining
9a certificate of clearance from the commission for that employee.

10(2) Notwithstanding paragraph (2) of subdivision (a), a county
11board of education or city and county board of education may issue
12a temporary certificate of clearance to an employee currently and
13continuously employed by a school district within the county who
14is serving under a valid credential and has applied for a renewal
15of that credential or for an additional credential without obtaining
16a certificate of clearance from the commission for that employee.

17

SEC. 4.  

Article 15 (commencing with Section 44405) is added
18to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education
19Code
, to read:

20 

21Article 15.  Nonpublic, Nonsectarian Schools
22

 

23

44405.  

(a) A county board of education or city and county
24board of education may issue temporary certificates for the purpose
25of authorizing salary payments to certified employees of nonpublic,
26nonsectarian schools, including individuals certified in another
27state, whose credential applications are being processed by the
28commission. However, the individuals must have demonstrated
29proficiency in basic reading, writing, and mathematics skills
30pursuant to the requirements of Section 44252.5. The applicant
31for a temporary certificate shall make a statement that he or she
32has duly filed an application with the commission for a credential
33or permit together with the required fee and that, to the best of his
34or her knowledge, no reason exists why a certificate or permit
35should not be issued. The certificate or permit shall be valid for
36not more than one calendar year from the date of issuance.

37(b) The county board of education or city and county board of
38education shall cancel the temporary certificate orbegin delete permitend deletebegin insert permit,
39providing notification to the applicant and the nonpublic,
40nonsectarian school specified on the temporary certificate or
P7    1permit,end insert
immediately upon receipt of certification in writing from
2the commission that the applicant apparently does not possess
3adequate academic qualifications or apparently has a criminal
4record that would disqualify the applicant.

5(c) A temporary certificate issued to a permit applicant is not
6valid beyond the time that the commission either issues or denies
7the originally requested permit. A temporary certificate issued to
8a credential applicant is not valid beyond the time that the
9commission provides written notification to the county board of
10education or city and county board of education that the applicant
11apparently does not possess adequate qualifications or that the
12commission has received facts that may cause denial of the
13application, or beyond the time that the commission either issues
14or denies the originally requested credential.

15(d) A county board of education or city and county board of
16education may not issue a temporary certificate to an applicant
17whose teaching credential is revoked or suspended.

18(e) For purposes of this article, “nonpublic, nonsectarian school”
19has the same meaning as defined in Section 56034.

20

44406.  

(a) Before issuing a temporary certificate pursuant to
21Section 44405, a county board of education or city and county
22board of education shall obtain a certificate of clearance from the
23commission.

24(b) The conditions under which a temporary certificate issued
25pursuant to Section 44405 may or shall be revoked, issued, or
26denied, as applicable, shall be the same for nonpublic, nonsectarian
27schools as for schools operated by local educational agencies, as
28provided in Article 8 (commencing with Section 44330).

29

44407.  

The commission shall honor requests to expedite the
30processing of applications for teacher credentialing received from
31the department on behalf of an applicant employed or seeking
32employment at a nonpublic, nonsectarian school to the same degree
33the commission honors requests to expedite the processing of
34applications for teacher credentialing received from another
35employing agency.

36

44408.  

The department shall recognize the authority of all
37teacher permits, credentials, and certificates issued by the
38commission or a county board of education or city and county
39board of education authorized by this article.

P8    1

44409.  

This article shall become inoperative on July 1, 2024,
2and, as of January 1, 2025, is repealed, unless a later enacted
3statute, that becomes operative on or before January 1, 2025,
4deletes or extends the dates on which it becomes inoperative and
5is repealed.



O

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