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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