California Legislature—2015–16 Regular Session

Assembly Bill No. 2122

Introduced by Assembly Member McCarty

February 17, 2016

An act to amend Sections 44391, 44392, and 44393 of, and to repeal and add Section 44390 of, the Education Code, relating to teacher credentialing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2122, as introduced, McCarty. California Classified School Employee Teacher Credentialing Program.

The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. The act requires, among other things, that the Commission on Teacher Credentialing, in consultation with certain other educational entities, to select, pursuant to specified criteria, 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The act requires a school district or county office of education to require a person participating in the program to commit to fulfilling certain specified obligations relating to obtaining a teaching credential and employment as a teacher in the school district or county office of education. The act requires a school district or county office of education to require a program participant to obtain a certificate of clearance from the commission and provide verification of a specified level of academic achievement prior to participating in the program. The act expresses the intent of the Legislature that in each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the commission for grants to school districts and county offices of education, limits grants to $3,500 per program participant per year, and makes funding for the grants contingent upon an appropriation in the annual Budget Act.

This bill would substantially revise those provisions to instead establish the California Classified School Employee Teacher Credentialing Program for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. Subject to an appropriation for these purposes in the annual Budget Act, the bill would require the commission to issue a request for proposals to all school districts and county offices of education in the state in order to solicit applications for funding. The bill would require the criteria adopted by the commission for the selection of school districts or county offices of education to participate in the program to include, among other things, the extent to which the applicant’s plan for recruitment attempts to meet the demand of teacher shortages in shortage areas in kindergarten and grades 1 to 12, inclusive. The bill would require an applicant that is selected to participate to provide information about the program to all eligible classified school employees in the school district or county office of education and to provide assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. The bill would also require an applicant to require participants to satisfy specified requirements before participating in the program, including passing a background check, and to certify that it has received a commitment from each participant that he or she will accomplish certain things, including completing all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. The bill would require the commission to contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program and would require the evaluation to be conducted once every 5 years, with the first evaluation being completed on or before July 1, 2021. The bill would also require the commission, on or before January 1 of each year, to report to the Legislature regarding the status of the program, as specified. The bill would state the Legislature’s intent that each fiscal year, funding for the program be allocated to the commission for grants for up to 1,000 new participants per year and would prohibit a grant to an applicant from exceeding $4,000 per participant per year. The bill would make funding for grants to applicants contingent upon an appropriation in the annual Budget Act.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 44390 of the Education Code is repealed.

begin delete

44390.  

The Legislature hereby finds and declares that over the
next five years, as many as 50 percent of the classroom teachers
in many urban school districts with large percentages of minority
pupils will be eligible for retirement. The Legislature further finds
and declares that in many school districts there are a number of
classified employees, particularly minority group members, who
are enrolled in, who have been enrolled in, or who would be
interested in enrolling in, a teacher training program leading to a
teaching credential if they were provided assistance in applying
for admission and financial aid for that purpose.

The Legislature also finds and declares that educational
paraprofessionals who serve pupils in the public schools provide
valuable instructional services to public school pupils. A program
to enhance instructional competencies and to prepare school
paraprofessionals to become teachers would result in improved
services in terms of their role in the instructional program in the
classroom.

end delete

SEC. 2.  

Section 44390 is added to the Education Code, to read:

44390.  

The Legislature finds and declares all of the following:

(a) All children deserve a highly qualified teacher.

(b) California faces a severe teacher shortage.

(c) The demand for new teachers is growing due to the inability
to attract new teachers into the profession, the high attrition rate
of new teachers, and the retirement of existing teachers.

(d) California has a 50-percent higher pupil-to-teacher ratio than
any other state in the country at 24 to 1.

(e) It is estimated that California will need 60,000 additional
teachers to maintain the current pupil-to-teacher ratio.

(f) California will need 135,000 additional teachers in order to
return to the prerecession pupil-to-teacher ratio of 16 to 1.

(g) Teacher shortages vary by subject and region.

(h) Enrollment in teacher credentialing programs dropped 76
percent between 2002 and 2014.

(i) In 2014 and 2015, 40 percent of credentials were awarded
to underprepared teachers.

(j) The diversity in the teacher workforce in California does not
match the diversity of the pupil population.

(k) Roughly 65 percent of teachers are white, 20 percent are
Hispanic, and 15 percent are a different race or ethnicity.

(l) Classified school employees currently working in public
schools represent a potential pool of future teachers.

(m) Classified school employees as a group make up the most
diverse segment of the professional school community.

(n) Providing incentives for classified school employees to
obtain a bachelor’s degree and become fully credentialed teachers
is a proven strategy to increase the number of highly qualified
teachers in California’s schools.

SEC. 3.  

Section 44391 of the Education Code is amended to
read:

44391.  

This article shall be begin delete known end delete begin insert known, end insert and may be begin delete cited end delete
begin insert cited, end insert as the begin delete Wildman-Keeley-Solis Exemplary Teacher Training
Act of 1997. end delete begin insert California Classified School Employee Teacher
Credentialing Program. end insert

SEC. 4.  

Section 44392 of the Education Code is amended to
read:

44392.  

For the purposes of this article, unless the context
clearly requires otherwise, the following terms shall have the
following meanings:

(a) “Applicant” means a school district or county office of
education applying for program funds under the California begin delete School
Paraprofessional Teacher Training Program established pursuant
to Section 44393. end delete begin insert Classified School Employee Teacher
Credentialing Program. end insert

(b) “Institutions of higher education” means the California
Community Colleges, the California State University, begin insert and end insert the
University of begin delete California, and private institutions of higher
education that offer an accredited teacher training program. end delete
begin insert California. end insert

(c) “Participant” means a school paraprofessional who elects
to participate in the California begin delete School Paraprofessional Teacher
Training end delete begin insert Classified School Employee Teacher Credentialing end insert
Program.

(d) “Program” means the California begin delete School Paraprofessional
Teacher Training Program established pursuant to Section 44393. end delete
begin insert Classified School Employee Teacher Credentialing Program. end insert

begin delete

(e) “School paraprofessional” means the following job
classifications: educational aide, instructional aide, special
education aide, special education assistant, teacher associate,
teacher assistant, teacher aide, pupil service aide, library aide, child
development aide, child development assistant, and physical
education aide.

end delete begin insert

(e) “Classified school employee” means a noncertificated school
employee currently working in a public school pursuant to this
chapter.

end insert

(f) “Teacher training program” means an undergraduate or
graduate program of instruction conducted by a campus of an
institution of higher education that includes a developmentally
sequenced career ladder to provide instruction, coursework, and
clearly defined tasks for each level of the ladder, and that is
designed to qualify students enrolled in the program for a teaching
credential authorizing instruction in kindergarten and grades 1 to
12, inclusive.

SEC. 5.  

Section 44393 of the Education Code is amended to
read:

44393.  

(a) The California begin delete School Paraprofessional Teacher
Training end delete begin insert Classified School Employee Teacher Credentialing end insert
Program is hereby established for the purpose of recruiting begin delete school
paraprofessionals end delete begin insert classified school employees end insert to participate in a
program designed to encourage them to enroll in teacher training
programs and to provide instructional service as teachers in the
public schools.

(b)  begin delete The commission, in consultation with the Chancellor of the
California Community Colleges, the Chancellor of the California
State University, the President of the University of California, the
chancellors of private institutions of higher education that offer
accredited teacher training programs, and representatives of
certificated and classified employee organizations, shall select 24
or more school districts or county offices of education representing
rural, urban, and suburban areas that apply to participate in the
program. The commission shall ensure that, at a minimum, a total
of 600 school paraprofessionals are recruited from among the 24
or more participating school districts or county offices of education. end delete
begin insert Subject to an appropriation for these purposes in the annual Budget
Act, the commission shall issue a request for proposals to all school
districts and county offices of education in the state in order to
solicit applications for funding. end insert The criteria adopted by the
commission for the selection of school districts or county offices
of education to participate in the program shall include all of the
following:

(1) The extent to which the applicant demonstrates the capacity
and willingness to accommodate the participation of begin delete school
paraprofessionals end delete begin insert classified school employees end insert in teacher training
programs conducted at institutions of higher education.

(2) The extent to which the applicant’s plan for the
implementation of its recruitment program involves the active
participation of one or more local campuses of the participating
institutions of higher education in the development of coursework
and teaching programs for participating begin delete school paraprofessionals. end delete
begin insert classified school employees. end insert Each selected applicant shall be
required to enter into a written articulation agreement with the
participating campuses of the institutions of higher education.

begin delete

(3) The extent to which the applicant’s plan for recruitment
attempts to meet the demand for bilingual-crosscultural teachers.

end delete begin delete

(4) The extent to which the applicant’s plan for recruitment
attempts to meet the demand for multiple subject credentialed
teachers interested in teaching kindergarten or any of grades 1 to
3, inclusive. For purposes of this paragraph, each paraprofessional
selected to participate shall have completed at least two years of
undergraduate college or university coursework and shall have
demonstrated an interest in obtaining a multiple subject teaching
credential for teaching kindergarten or any of grades 1 to 3,
inclusive.

end delete begin delete

(5) The extent to which the applicant’s plan for recruitment
attempts to meet the demand for special education teachers.

end delete begin insert

(3) The extent to which the applicant’s plan for recruitment
attempts to meet the demand of teacher shortages in shortage areas
in kindergarten and grades 1 to 12, inclusive. Each classified
school employee selected to participate shall have completed at
least two years of undergraduate college or university coursework
and shall have demonstrated an interest in obtaining a multiple
subject or single subject teaching credential.

end insert begin delete

(6)

end delete

begin insert (4) end insert  The extent to which a developmentally sequenced series of
job descriptions leads from an entry-level begin delete school paraprofessional end delete
begin insert classified school employee end insert position to an entry-level teaching
position in that school district or county office of education.

begin delete

(7)

end delete

begin insert (5) end insert  The extent to which the applicant’s plan for recruitment
attempts to meet its own specific teacher needs.

begin delete

(8) The extent to which the applicant’s plan for implementation
of its recruitment program involves participation in a district
internship program pursuant to Article 7.5 (commencing with
Section 44325) and Section 44830.3 or a university internship
program pursuant to Article 3 (commencing with Section 44450)
of Chapter 3.

end delete

(c) An applicant that is selected to participate pursuant to
subdivision (b) shall provide information begin insert about the program to
all eligible classified school employees in the school district or
county office of education end insert and assistance to each begin delete school
paraprofessional end delete begin insert classified school employee end insert it recruits under the
program regarding admission to a teacher training program.

begin delete

(d) (1) The applicant shall recruit and organize groups, or
“cohorts,” of participants, of no more than 30, and no less than 10,
in each cohort. Cohorts shall be organized to consist of participants
having approximately equal academic experience and
qualifications, as determined by the school district or county office
of education. To the extent possible, the members of each cohort
shall proceed through the same subject matter and credential
programs. The members of each cohort shall enroll in the same
college or university and shall be provided appropriate support
and information throughout the course of their studies by the
applicant.

end delete begin delete

(2)

end delete

begin insert (d) end insert   begin insert (1) end insert begin insert   end insert An applicant shall require participants to satisfy all of
the following requirements begin delete prior to end delete begin insert before end insert participating in the
program:

begin delete

(A) For the purpose of obtaining current criminal history
information from the Department of Justice and the Federal Bureau
of Investigation, obtain a certificate of clearance from the
commission pursuant to Sections 44339 to 44341, inclusive, and
related regulations adopted by the commission.

end delete begin insert

(A) Pass a criminal background check.

end insert

(B) Provide verification of one of the following:

(i) Has earned an associate or higher level degree.

(ii) Has completed at least two years of study at a postsecondary
educational institution.

begin delete

(iii) Has received a passing score on a formal academic
assessment that demonstrates knowledge of, and the ability to
assist in the instruction of, reading, writing, and mathematics. The
formal academic assessment shall be based upon a job analysis
for validity purposes and shall be made readily available to
examinees.

end delete begin delete

(3)

end delete

begin insert (2) end insert  An applicant shall certify that it has received a commitment
from each participant that he or she will accomplish all of the
following:

(A) Graduate from an institution of higher education under the
program with a bachelor’s degree.

(B) Complete all of the requirements begin delete for and obtain end delete begin insert for, and
obtain, end insert a multiple subject, single subject, or education specialist
teaching credential.

(C) Complete one school year of classroom instruction in the
begin insert school end insert district or county office of education for each year that he
or she receives assistance for books, fees, and tuition while
attending an institution of higher education under the program.

begin delete

(4) To the extent that a participant does not fulfill his or her
obligations, as set forth in paragraph (3), the participant shall be
required to repay the assistance. If a participant is laid off, the
participant may not be required to repay the assistance until the
participant is offered reemployment and has an opportunity to
fulfill his or her obligations under this section.

(5) Except as otherwise provided in paragraph (4), if a
participant is unable to fulfill his or her obligations pursuant to
paragraph (3) due to a serious illness, a pregnancy, or another
natural cause, the time period for repayment of the assistance shall
be extended by a maximum period of one year.

(6) Except as otherwise provided in paragraph (4), if an
interruption in employment caused by a natural disaster prevents
a participant from completing one of the required years of service,
the time period for repayment of the assistance shall be extended
by a period equal to the period between the date the interruption
of employment begins and the date employment resumes.

end delete

(e) The commission shall contract with an independent evaluator
with a proven record of experience in assessing begin delete career-advancement
programs or end delete teacher training programs to conduct an evaluation
to determine the success of the begin delete recruitment programs established
pursuant to subdivision (b). end delete begin insert program. end insert The evaluation shall be
conducted once every five begin delete years and shall incorporate data annually
collected by the commission and reported to the Legislature. end delete begin insert years,
with the first evaluation being completed on or before July 1, 2021. end insert
The begin delete commission shall complete the evaluation with existing
resources. By January 1 of each year in which an evaluation is
conducted pursuant to this subdivision, commencing with January
1, 2009, the end delete commission shall submit the completed evaluation to
the Governor and the education policy and fiscal committees of
the Assembly and Senate. begin delete The evaluation shall include, but is not
limited to, all of the following: end delete

begin delete

(1) The total cost per person participating in the program who
successfully obtains a teaching credential, based upon all state,
local, federal, and other sources of funding.

(2) The economic status of persons participating in the program.

(3) A description of financial and other resources made available
to each recruitment program by participating school districts or
county offices of education, institutions of higher education, and
other participating organizations.

(4) The extent to which pupil performance on standardized
achievement tests has improved in classes taught by teachers who
have successfully completed the program, in comparison to classes
taught by other teachers who have equivalent teaching experience.

(5) The extent to which pupil dropout rates and other measures
of delinquency have improved in classes taught by teachers who
have successfully completed the program.

(6) The extent to which teachers who have successfully
completed the program remain in the communities in which they
reside and in which they teach.

(7) The attrition rate of teachers who have successfully
completed the program.

(f) Each selected school district or county office of education
shall report to the commission regarding the progress of each cohort
of school paraprofessionals, and other information regarding its
recruitment program as the commission may direct.

(g)

end delete

begin insert (f) end insert   begin delete No later than end delete begin insert On or before end insert January 1 of each year, the
commission shall report to the Legislature regarding the status of
the program, including, but not limited to, the number of begin delete school
paraprofessionals end delete begin insert classified school employees end insert recruited, the
academic progress of the begin delete school paraprofessionals end delete begin insert classified school
employees end insert recruited, the number of begin delete school paraprofessionals end delete
begin insert classified school employees end insert recruited who are subsequently
employed as teachers in the public schools, the degree to which
the begin delete program meets the demand for bilingual and special education
teachers as well as meeting teacher needs in shortage areas as
determined by the school district or county office of education,
the degree to which the program or similar programs can meet that
demand if properly funded and executed, and other effects upon
the operation of the public schools. end delete begin insert applicant meets the teacher
shortage needs of the school district or county office of education,
and the ethnic and racial composition of the participants in the
program. The report shall be made in conformance with Section
9795 of the Government Code. end insert

begin delete

(h)

end delete

begin insert (g) end insert   begin delete (1) end delete begin delete   end delete It is the intent of the Legislature that each fiscal year,
funding for the California begin delete School Paraprofessional Teacher
Training end delete begin insert Classified School Employee Teacher Credentialing end insert
Program be allocated to the begin delete Commission on Teacher Credentialing end delete
begin insert commission end insert for grants begin insert for up end insert to begin insert 1,000 new end insert begin delete applicants pursuant to
this section. end delete begin insert participants per year. end insert A grant to an applicant shall
not exceed begin delete three thousand five hundred dollars ($3,500) end delete begin insert four
thousand dollars ($4,000) end insert per participant per year. Funding for
grants to applicants begin delete pursuant to this subdivision end delete shall be contingent
upon an appropriation in the annual Budget Act.

begin delete

(2) The commission shall report to the Department of Finance
by March 31 of each year the amount of funds collected by school
districts and county offices of education as repayment of assistance
pursuant to paragraph (4) of subdivision (d) and the amount of
funds that remain unspent from the funds appropriated to the
commission in the annual Budget Act for purposes of the program.

end delete