BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: AB 1918 ----------------------------------------------------------------- |Author: |O'Donnell | |-----------+-----------------------------------------------------| |Version: |May 10, 2016 Hearing | | |Date: June 8, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Lenin DelCastillo | | | | ----------------------------------------------------------------- Subject: Teacher credentialing: temporary certificates SUMMARY This bill authorizes county offices of education to issue temporary certificates to teachers employed at nonpublic schools, including out-of-state teachers, while their credential applications are being processed at the Commission on Teacher Credentialing (CTC). The bill also increased background check requirements for all applicants seeking temporary certificates. BACKGROUND Existing law: 1) Authorizes county offices of education and some school districts to issue temporary certificates for the purpose of authorizing salary payments to employees of school districts, and to employees of children's centers and other preschool educational programs, whose credential or permit applications are pending at the CTC, provided that the individual has passed the state assessment of teachers' basic skills, and that the county office has obtained a criminal record summary from the Department of Justice. (Education Code § 44332) 2) Requires the CTC to issue five year multiple subject, single subject, and special education credentials to out-of-state prepared teachers who possess a baccalaureate AB 1918 (O'Donnell) Page 2 of ? degree, have completed a teacher preparation program, meet subject matter knowledge criteria, have passed criminal background checks, and have earned corresponding credentials in out-of-state preparation programs. Requires these teachers to have also passed the state basic skills assessment. (Education Code § 44274.2) 3) Defines nonpublic, nonsectarian schools as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program and are certified by the California Department of Education. Requires these schools to meet standards as prescribed by the Superintendent and State Board of Education. (Education Code § 56034) 4) Specifies requirements for the annual certification of nonpublic schools, including a requirement that any application provide a list of appropriately qualified staff and copies of credential and license documents. Authorizes the Superintendent of Public Instruction to revoke or suspend the certification of a nonpublic school for a variety of reasons, including changes in credentialed staff. (Education Code § 56365, et seq.) ANALYSIS This bill: 1) Allows county offices of education to issue temporary certificates for out-of-state credential holders whose credential applications are being processed by the Commission on Teacher Credentialing (CTC). 2) Provides that 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 CTC. 3) Authorizes county offices of education to issue temporary AB 1918 (O'Donnell) Page 3 of ? certificates for certified employees of nonpublic schools whose credential applications are being processed by the CTC, under the same conditions as those issued for employees of school districts, as specified. Requires that, prior to issuing a temporary certificate, county offices of education obtain a certificate of clearance for the individual from the CTC. 4) Requires the CTC to honor requests from the California Department of Education (CDE) to expedite the processing of teacher credentialing applications on behalf of employees at nonpublic schools to the same degree the CTC handles requests from another employing agency. 5) Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the CTC or a county or city and county board of education. 6) Provides that the bill's provisions shall become inoperative on July 1, 2024. STAFF COMMENTS 1) Need for the bill. The author's office indicates that "California faces a serious shortage of qualified teachers. During the 2015-16 school year there were nearly 4,000 unfilled teaching positions in the state, and enrollment in teacher credentialing programs is down over 70% from ten years ago. Other states have a surplus of fully credentialed teachers. But teachers holding credentials granted in other states may encounter difficulty filling one of California's teaching vacancies because it can take up to 50 days to have an out-of-state credential application reviewed by the CTC. School districts wishing to hire these teachers cannot do so without evidence of a California credential. As a result, out-of-state credentialed teachers may find it difficult to obtain a California teaching position during the traditional hiring season. Nonpublic schools, which serve special education students, are also experiencing a severe shortage of qualified teachers. Nonpublic schools must be certified by the California Department of Education (CDE) in order to serve special education students. AB 1918 (O'Donnell) Page 4 of ? Unlike a school operated by a school district, if a nonpublic school classroom is inappropriately staffed, the CDE cannot certify the classroom, and the school may be threatened with closure. Like school districts, nonpublic schools attempting to hire special education teachers, including those trained out-of-state, face long credential processing times. But unlike school districts, nonpublic schools cannot obtain temporary teaching certificates for these individuals." 2) Nonpublic schools. California's nonpublic, nonsectarian schools are specialized private schools that provide services to public school students with disabilities. They are defined in statute as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in a nonpublic school is typically paid by the public local educational agency (LEA) that places the student in the school as specified in their contractual agreement. Nonpublic schools may also offer private, paid services to students and families outside of a contractual arrangement with an LEA. Each nonpublic school is certified by the CDE with approximately 325 nonpublic schools in the state. 3) Expediting of credential applications. According to the Commission on Teacher Credentialing (CTC), "online recommendations submitted through credential program sponsors are usually completed within 10 working days. Typically, all other applications are processed within 50 working days from the date we receive the application." CTC advises that "applicants who need to have their application processed for employment purposes should submit their application no less than three months prior to applying for or beginning a position." The CTC's current policy on the expediting of applications is that it will only expedite a credential application if 1) the employing agency wants to make an offer of employment; 2) the educator is in jeopardy of being removed from the classroom; or 3) the educator is at risk of having his or her pay withheld. 4) Certificate of clearance. This bill prohibits county AB 1918 (O'Donnell) Page 5 of ? offices of education from issuing temporary certificates for teachers until they have obtained a certificate of clearance from the CTC. A certificate of clearance is a document issued by the CTC to an individual who has completed its fingerprint and character and identification process, and whose professional fitness has been shown to meet the standards established by law. A certificate of clearance involves a more thorough background check through the Department of Justice, the Federal Bureau of Investigation, and the National Association of State Directors of Teacher Education and Certification database, which contains information about credentials in other states which have been annulled, denied, suspended, revoked, or otherwise invalidated. 5) Fiscal impact. According to the Assembly Appropriations Committee, this bill would result in General Fund administrative costs to the CTC of approximately $90,000 for increased workload related to prioritizing review of certification applications submitted by holders of temporary teaching certificates and Proposition 98 General Fund cost pressure, potentially in the low tens of thousands of dollars, for county offices of education to issue temporary certificates to teachers in nonpublic schools. SUPPORT California Association of Private School Organizations California Association of Private Special Education Schools California Catholic Conference, Inc. Dubnoff School ECF Kayne Eras Center Hawthorne Academy Institute for the Redesign of Learning Spectrum Center Schools and Programs Speech and Language Development Center Villa Esperanza Services Nonpublic School Vista School Nonpublic School OPPOSITION None received. AB 1918 (O'Donnell) Page 6 of ? -- END --