BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1918|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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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


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