BILL NUMBER: AB 2336 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Olsen
(Coauthors: Assembly Members Baker, Bonilla, Lackey, and O'
Donnell)
( Coauthor: Senator Vidak
)
FEBRUARY 18, 2016
An act to amend, repeal, and add Sections 56060 and 56061 of the
Education Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
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. 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.
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 cumulative schooldays per
vacancy 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, its county office of education,
as part of the monitoring and review of certificated employee
assignment practices, 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 1. Section 56060 of the Education Code is amended to read:
56060. (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:
(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) (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,
cumulative schooldays per vacancy, 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,
to its county office of education, as part of the
assignment monitoring required pursuant to Section 44258.9, the
number of permitholders employed pursuant to this subdivision and
the length of time they were employed.
(c) For purposes of this section, "employing authority" includes
school districts, county offices of education, nonpublic,
nonsectarian schools and agencies, and charter schools.
(c)
(d) 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.