BILL NUMBER: AB 2336	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Olsen
   (Coauthors: Assembly Members Baker, Bonilla,  and Lackey
  Lackey,   and O'Donnell  )

                        FEBRUARY 18, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2336, as amended, Olsen.  Teacher credentialing:
emergency substitute teaching permits: special education. 
 Special education: substitute teachers.  
   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.  
   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.  
   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.  
   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.  
   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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 56060 of the  
Education Code   is amended to read: 
   56060.   A   (a)     Except
as provided in subdivision (b) of Section 56061, a 
noncredentialed person shall not substitute for any special education
certificated position. 
   (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. 
   SEC. 2.    Section 56060 is added to the  
Education Code   , to read:  
   56060.  (a)  A noncredentialed person shall not substitute for any
special education certificated position.
   (b) This section shall become operative on January 1, 2022. 
   SEC. 3.    Section 56061 of the   Education
Code   is amended to read: 
   56061.   (a)    A person holding a valid
credential authorizing substitute teaching may serve as a substitute
for the appropriately credentialed special education teacher as
follows: 
   (a) 
    (1)  Except as provided in subdivisions (b) and
(c),   paragraphs (2) and (3),  the employer shall
not employ an inappropriately credentialed substitute teacher for a
period of more than 20 cumulative  school days  
schooldays  for each special education teacher absent during
each school year. 
   (b) 
    (2)  Upon application by the district or county office,
the  superintendent   Superintendent  may
approve an extension of 20  school days  
schooldays  in addition to those authorized by 
subdivision (a).   paragraph (1).  
   (c) 
    (3)  Only in extraordinary circumstances may an
additional number of days be granted beyond the 40  school
days   schooldays  provided for by 
subdivisions (a)   paragraphs (1)  and 
(b). Such   (2). Those  additional days shall be
granted in writing by the  superintendent  
Superintendent  . The  superintendent  
Superintendent  shall report to the  state  board on
all requests granted for an additional number of days pursuant to
this  subdivision.   paragraph.  
   (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:  
   (A) The permitholder is filling an immediate staffing need due to
a vacant position and is not substituting for a teacher who is
absent.  
   (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.  
   (C) The employing authority has complied with the hiring hierarchy
pursuant to Section 44225.7.  
   (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: 

   (i) Classroom management.  
   (ii) Developing and implementing lesson plans.  
   (iii) Implementing the requirements of each pupil's individualized
education program.  
   (iv) Other areas as deemed necessary by the employing authority.
 
   (E) The employing authority has assigned a credentialed teacher or
teachers to provide ongoing support to the permitholder.  
   (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.  
   (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. 
   SEC. 4.    Section 56061 is added to the  
Education Code   , to read:  
   56061.  (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. 
   SEC. 5.    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.  
  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.