AB 2336, as amended, Olsen. 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.begin insert Existing law requires the county superintendent of schools to perform various duties with respect to the schools of his or her county, including a duty to monitor and review their certificated employee assignment practices.end 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 40begin delete consecutiveend deletebegin insert cumulativeend insert schooldaysbegin insert per vacancyend insert when specified conditions are met. The bill would require an employing authority to report annually tobegin delete the Commission on Teacher Credentialing, specifying whether or not the employing authority employed any permitholders pursuant to these provisions and, if so,end deletebegin insert its county office of education, as part of the monitoring and review of certificated employee assignment practices,end insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 56060 of the Education Code is amended
2to read:
(a) Except as provided in subdivision (b) of Section
456061, a noncredentialed person shall not substitute for any special
5education certificated position.
6(b) This section shall become inoperative on January 1, 2022,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2022, deletes or extends that date.
Section 56060 is added to the Education Code, to read:
(a) A noncredentialed person shall not substitute for
11any special education certificated position.
12(b) This section shall become operative on January 1, 2022.
Section 56061 of the Education Code is amended to
14read:
(a) A person holding a valid credential authorizing
16substitute teaching may serve as a substitute for the appropriately
17credentialed special education teacher as follows:
P3 1(1) Except as provided in paragraphs (2) and (3), the employer
2shall not employ an inappropriately credentialed substitute teacher
3for a period of more than 20 cumulative schooldays for each special
4education teacher absent during each school year.
5(2) Upon application by the district or county office, the
6
Superintendent may approve an extension of 20 schooldays in
7addition to those authorized by
paragraph (1).
8(3) Only in extraordinary circumstances may an additional
9number of days be granted beyond the 40 schooldays provided for
10by paragraphs (1) and (2). Those additional days shall be granted
11in writing by the
Superintendent. The Superintendent shall report
12to the state board on all requests granted for an additional number
13of days pursuant to this paragraph.
14(b) (1) A person holding a valid emergency 30-day substitute
15teacher permit may serve as a substitute in a special education
16classroom for up to 40begin delete consecutive
schooldays,end delete
17schooldays per vacancy,end insert provided all of the following conditions
18have been met:
19(A) The permitholder is filling an immediate staffing need due
20to a vacant position and is not substituting for a teacher who is
21absent.
22(B) The employing authority has completed and filed a
23Statement of Need pursuant to Section 80025 of Title 5 of the
24California Code of Regulations.
25(C) The employing authority has complied with the hiring
26hierarchy pursuant to Section 44225.7.
27(D) By the time the employing authority has reason to believe
28that the
assignment will last more than 20 schooldays, and by no
29later than the 20th day of the assignment, the employing authority
30has developed and implemented a plan to provide not less than six
31hours of training to the permitholder in all of the following areas:
32(i) Classroom management.
33(ii) Developing and implementing lesson plans.
34(iii) Implementing the requirements of each pupil’s
35individualized education program.
36(iv) Other areas as deemed necessary by the employing
37authority.
38(E) The employing authority has assigned a credentialed teacher
39or teachers to provide ongoing support to the
permitholder.
P4 1(2) An employing authority shall report annuallybegin delete on a form and begin insert to its county office of education, as part of the assignment
2in a manner to be determined by the Commission on Teacher
3Credentialing specifying whether or not the employing authority
4employed any permitholders pursuant to this subdivision and, if
5so,end delete
6monitoring required pursuant to Section 44258.9,end insert the number of
7permitholders employed pursuant to this subdivision and the length
8of time they were employed.
9
(c) For purposes of this section, “employing authority”
includes
10school districts, county offices of education, nonpublic,
11nonsectarian schools and agencies, and charter schools.
12(c)
end delete
13begin insert(d)end insert This section shall become inoperative on January 1, 2022,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2022, deletes or extends that date.
Section 56061 is added to the Education Code, to read:
(a) A person holding a valid credential authorizing
18substitute teaching may serve as a substitute for the appropriately
19credentialed special education teacher as follows:
20(1) Except as provided in paragraphs (2) and (3), the employer
21shall not employ an inappropriately credentialed substitute teacher
22for a period of more than 20 cumulative schooldays for each special
23education teacher absent during each school year.
24(2) Upon application by the district or county office, the
25Superintendent may approve an extension of 20 schooldays in
26addition to those authorized by paragraph (1).
27(3) Only in extraordinary circumstances may an additional
28number of days be granted beyond the 40 schooldays provided for
29by paragraphs (1) and (2). Those additional days shall be granted
30in writing by the Superintendent. The Superintendent shall report
31to the state board on all requests granted for an additional number
32of days pursuant to this paragraph.
33(b) This section shall become operative on January 1, 2022.
If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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