Amended in Assembly April 14, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2336

Introduced by Assembly Member Olsen

(Coauthors: Assembly Members Baker, Bonilla, begin delete and Lackey end delete begin insert Lackey, and O’Donnell end insert )

February 18, 2016

An act to begin delete add and repeal Section 44300.5 of end delete begin insert amend, repeal, and add Sections 56060 and 56061 of end insert the Education Code, relating to begin delete teacher credentialing. end delete begin insert special education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2336, as amended, Olsen. begin delete Teacher credentialing: emergency substitute teaching permits: special education. end delete begin insert Special education: substitute teachers. end insert

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Existing law authorizes a person holding a valid credential authorizing substitute teaching to serve as a substitute for an appropriately credentialed special education teacher for up to 20 cumulative schooldays. Existing law authorizes the Superintendent of Public Instruction to approve an extension beyond 20 cumulative schooldays, as provided.

end insert begin insert

This bill would, until January 1, 2022, authorize a person holding a valid emergency 30-day substitute teacher permit to serve as a substitute in a special education classroom for up to 40 consecutive schooldays when specified conditions are met. The bill would require an employing authority to report annually to the Commission on Teacher Credentialing, specifying whether or not the employing authority employed any permitholders pursuant to these provisions and, if so, the number of permitholders employed pursuant to these provisions and the length of time they were employed. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would make conforming changes and nonsubstantive changes.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law authorizes the Commission on Teacher Credentialing to issue various types of teaching and services credentials, including preliminary and clear multiple and single subject teaching credentials. The commission is also authorized to issue emergency teaching and specialist permits that correspond to specified credential types. Statutory provisions specify the requirements with which applicants for those credentials and permits are required to comply.

end delete begin delete

Existing regulations provide for procedures by which the commission may issue a permit authorizing the holder to substitute teach, limited each school year to up to 20 days for any one teacher in a special education substitute classroom.

end delete begin delete

This bill would, until January 1, 2022, require the commission to issue Emergency Special Education Substitute Teaching Permits authorizing the holder to substitute teach in any special education classsroom, limited each school year to serve as a special education substitute teacher for up to 40 days for any one teacher.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 56060 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

56060.  

begin delete A end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b) of Section
56061, a end insert noncredentialed person shall not substitute for any special
education certificated position.

begin insert

(b) This section shall become inoperative on January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 56060 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 56060. end insert   

(a)  A noncredentialed person shall not substitute for
any special education certificated position.

(b) This section shall become operative on January 1, 2022.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 56061 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

56061.  

begin insert (a) end insert begin insert   end insert A person holding a valid credential authorizing
substitute teaching may serve as a substitute for the appropriately
credentialed special education teacher as follows:

begin delete

(a)

end delete

begin insert (1) end insert  Except as provided in begin delete subdivisions (b) and (c), end delete begin insert paragraphs
(2) and (3), end insert the employer shall not employ an inappropriately
credentialed substitute teacher for a period of more than 20
cumulative begin delete school days end delete begin insert schooldays end insert for each special education
teacher absent during each school year.

begin delete

(b)

end delete

begin insert (2) end insert  Upon application by the district or county office, the
begin delete superintendent end delete begin insert Superintendent end insert may approve an extension of 20
begin delete school days end delete begin insert schooldays end insert in addition to those authorized by

begin delete subdivision (a). end delete begin insert paragraph (1). end insert

begin delete

(c)

end delete

begin insert (3) end insert  Only in extraordinary circumstances may an additional
number of days be granted beyond the 40 begin delete school days end delete begin insert schooldays end insert
provided for by begin delete subdivisions (a) end delete begin insert paragraphs (1) end insert and begin delete (b). Such end delete begin insert (2).
Those end insert additional days shall be granted in writing by the
begin delete superintendent end delete begin insert Superintendent end insert . The begin delete superintendent end delete begin insert Superintendent end insert
shall report to the begin insert state end insert board on all requests granted for an
additional number of days pursuant to this begin delete subdivision. end delete begin insert paragraph. end insert

begin insert

(b) (1) A person holding a valid emergency 30-day substitute
teacher permit may serve as a substitute in a special education
classroom for up to 40 consecutive schooldays, provided all of the
following conditions have been met:

end insert begin insert

(A) The permitholder is filling an immediate staffing need due
to a vacant position and is not substituting for a teacher who is
absent.

end insert begin insert

(B) The employing authority has completed and filed a Statement
of Need pursuant to Section 80025 of Title 5 of the California Code
of Regulations.

end insert begin insert

(C) The employing authority has complied with the hiring
hierarchy pursuant to Section 44225.7.

end insert begin insert

(D) By the time the employing authority has reason to believe
that the assignment will last more than 20 schooldays, and by no
later than the 20th day of the assignment, the employing authority
has developed and implemented a plan to provide not less than
six hours of training to the permitholder in all of the following
areas:

end insert begin insert

(i) Classroom management.

end insert begin insert

(ii) Developing and implementing lesson plans.

end insert begin insert

(iii) Implementing the requirements of each pupil’s
individualized education program.

end insert begin insert

(iv) Other areas as deemed necessary by the employing
authority.

end insert begin insert

(E) The employing authority has assigned a credentialed teacher
or teachers to provide ongoing support to the permitholder.

end insert begin insert

(2)  An employing authority shall report annually on a form
and in a manner to be determined by the Commission on Teacher
Credentialing specifying whether or not the employing authority
employed any permitholders pursuant to this subdivision and, if
so, the number of permitholders employed pursuant to this
subdivision and the length of time they were employed.

end insert begin insert

(c)  This section shall become inoperative on January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 56061 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 56061. end insert   

(a) A person holding a valid credential authorizing
substitute teaching may serve as a substitute for the appropriately
credentialed special education teacher as follows:

(1) Except as provided in paragraphs (2) and (3), the employer
shall not employ an inappropriately credentialed substitute teacher
for a period of more than 20 cumulative schooldays for each
special education teacher absent during each school year.

(2) Upon application by the district or county office, the
Superintendent may approve an extension of 20 schooldays in
addition to those authorized by paragraph (1).

(3) Only in extraordinary circumstances may an additional
number of days be granted beyond the 40 schooldays provided for
by paragraphs (1) and (2). Those additional days shall be granted
in writing by the Superintendent. The Superintendent shall report
to the state board on all requests granted for an additional number
of days pursuant to this paragraph.

(b) This section shall become operative on January 1, 2022.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 44300.5 is added to the Education Code,
to read:

44300.5.  

(a) The commission shall issue Emergency Special
Education Substitute Teaching Permits authorizing the holder to
serve in any special education classroom, whether in preschool,
kindergarten, or any of grades 1 to 12, inclusive, or in classes
organized primarily for adults within each county in which the
permit is registered, provided the employing agency has a
completed Statement of Need on file for the school year as
provided for in Section 80025 of Title 5 of the California Code of
Regulations or any successor regulation. The permit shall authorize
the holder to serve as a special education substitute teacher for up
to 40 days for any one teacher during the school year.

(b) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end delete