BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 1918
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|Author: |O'Donnell |
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|Version: |May 10, 2016 Hearing |
| |Date: June 8, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lenin DelCastillo |
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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
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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
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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.
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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
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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.
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