BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1918|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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CONSENT
Bill No: AB 1918
Author: O'Donnell (D)
Amended: 5/10/16 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,
Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for
vote
SUBJECT: Teacher credentialing: temporary certificates
SOURCE: California Association of Private Special Education
Schools
Spectrum Center Schools and Programs
DIGEST: 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). This bill also increased background check
requirements for all applicants seeking temporary certificates.
ANALYSIS:
Existing law:
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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 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 (CDE).
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.)
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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 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
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 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.
Comments
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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 CDE in order to serve
special education students. 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."
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.
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Expediting of credential applications. According to the 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.
Certificate of clearance. This bill prohibits county 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified6/20/16)
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California Association of Private Special Education Schools
(co-source)
Spectrum Center Schools and Programs (co-source)
California Association of Private School Organizations
California Catholic Conference, Inc.
Dubnoff School
ECF Kayne Eras Center
Hawthorne Academy
Institute for the Redesign of Learning
Speech and Language Development Center
Villa Esperanza Services Nonpublic School
Vista School Nonpublic School
OPPOSITION: (Verified6/20/16)
None received
ASSEMBLY FLOOR: 79-0, 4/21/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Ridley-Thomas
Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
6/22/16 15:15:00
**** END ****
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