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 educationbegin delete teacher for up to 20 cumulative schooldays.end deletebegin insert teacher, as specified.end insertbegin insert Existing law prohibits an employer from employing an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year.end insert 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 instead would prohibit an employer from employing an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent, or if there is a vacancy, during each school year.
end insertThis bill would, until January 1, 2022,begin delete authorizeend deletebegin insert end insertbegin insertadditionally authorize,
subject to the issuance of specified federal guidance,end insert 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 cumulative schooldays per vacancy when specified conditions are met. The bill would require an employing authority to report annually to 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.begin delete Theend delete
begin insert Thisend insert 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
2any special education certificated position.
3(b) This section shall become operative on January 1, 2022.
Section 56061 of the Education Code is amended
6to read:
begin delete(a)end deletebegin delete end deleteA person holding a valid credential authorizing
8substitute teaching may serve as a substitute for the appropriately
9credentialed special education teacher as follows:
10(1)
end delete
11begin insert(a)end insert Except as provided inbegin delete paragraphs (2)end deletebegin insert
subdivisions (b)end insert and
12begin delete (3),end deletebegin insert (c),end insert the employer shall not employ an inappropriately
13credentialed substitute teacher for a period of more than 20
14cumulative schooldays for each special education teacherbegin delete absentend delete
15begin insert absent, or if there is a vacancy,end insert during each school year.
16(2)
end delete
17begin insert(b)end insert Upon application by the district or county office, the
18
Superintendent may approve an extension of 20 schooldays in
19addition to those authorized bybegin delete paragraph (1).end deletebegin insert subdivision (a).end insert
20(3)
end delete
21begin insert(c)end insert Only in extraordinary circumstances may an additional
22number of days be granted beyond the 40 schooldays provided for
23bybegin delete paragraphs (1)end deletebegin insert
subdivisions (a)end insert andbegin delete (2).end deletebegin insert (b).end insert Those additional
24days shall be granted in writing by the Superintendent. The
25Superintendent shall report to the state board on all requests granted
26for an additional number of days pursuant to thisbegin delete paragraph.end delete
27
begin insert subdivision.end insert
28(b) (1) A person holding a valid emergency 30-day substitute
29teacher permit may serve as a substitute in a special education
30classroom for up to 40 cumulative schooldays per vacancy,
31provided all of the following conditions have been met:
32(A) The permitholder is filling an immediate staffing need due
33to a vacant position and is not substituting for a teacher who is
34absent.
35(B) The employing authority has completed and filed a
36Statement of Need pursuant to Section 80025 of Title 5 of the
37California Code of Regulations.
38(C) The employing authority has complied with the hiring
39hierarchy pursuant to Section 44225.7.
P4 1(D) By the time the employing authority has reason to believe
2that the
assignment will last more than 20 schooldays, and by no
3later than the 20th day of the assignment, the employing authority
4has developed and implemented a plan to provide not less than six
5hours of training to the permitholder in all of the following areas:
6(i) Classroom management.
7(ii) Developing and implementing lesson plans.
8(iii) Implementing the requirements of each pupil’s
9individualized education program.
10(iv) Other areas as deemed necessary by the employing
11authority.
12(E) The employing authority has assigned a credentialed teacher
13or teachers to provide ongoing support to the
permitholder.
14(2) An employing authority shall report annually to its county
15office of education, as part of the assignment monitoring required
16pursuant to Section 44258.9, the number of permitholders
17employed pursuant to this subdivision and the length of time they
18were employed.
19(c) For purposes of this section, “employing authority”
includes
20school districts, county offices of education, nonpublic,
21nonsectarian schools and agencies, and charter schools.
22(d) This section shall become inoperative on January 1, 2022,
23and as of that date is repealed, unless a later enacted statute, that
24is 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
27substitute teaching may serve as a substitute for the appropriately
28credentialed special education teacher as follows:
29(1) Except as provided in paragraphs (2) and (3), the employer
30shall not employ an inappropriately credentialed substitute teacher
31for a period of more than 20 cumulative schooldays for each special
32education teacher absent during each school year.
33(2) Upon application by the district or county office, the
34Superintendent may approve an extension of 20 schooldays in
35addition to those authorized by paragraph (1).
36(3) Only in extraordinary circumstances may an additional
37number of days be granted beyond the 40 schooldays provided for
38by paragraphs (1) and (2). Those additional days shall be granted
39in writing by the Superintendent. The Superintendent shall report
P5 1to the state board on all requests granted for an additional number
2of days pursuant to this paragraph.
3(b) This section shall become operative on January 1, 2022.
begin insertSection 56061.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
5read:end insert
(a) (1) Notwithstanding Sections 56060 and 56061,
7a person holding a valid emergency 30-day substitute teacher
8permit may serve as a substitute in a special education classroom
9for up to 40 cumulative schooldays per vacancy, provided all of
10the following conditions have been met:
11
(A) The permitholder is filling an immediate staffing need due
12to a vacant position and is not substituting for a teacher who is
13absent.
14
(B) The employing authority has completed and filed a Statement
15of Need pursuant to Section 80025 of Title 5 of the California Code
16of Regulations.
17
(C) The employing authority has
complied with the hiring
18hierarchy pursuant to Section 44225.7.
19
(D) By the time the employing authority has reason to believe
20that the assignment will last more than 20 schooldays, and by no
21later than the 20th day of the assignment, the employing authority
22has developed and implemented a plan to provide not less than
23six hours of training to the permitholder in all of the following
24areas:
25
(i) Classroom management.
26
(ii) Developing and implementing lesson plans.
27
(iii) Implementing the requirements of each pupil’s
28individualized education program.
29
(iv) Other areas as deemed necessary by the employing
30authority.
31
(E) The
employing authority has assigned a credentialed teacher
32or teachers to provide ongoing support to the permitholder.
33
(2) An employing authority shall report annually to its county
34office of education, as part of the assignment monitoring required
35pursuant to Section 44258.9, the number of permitholders employed
36pursuant to this subdivision and the length of time they were
37employed.
38
(b) For purposes of this section, “employing authority” includes
39school districts, county offices of education, nonpublic,
40nonsectarian schools and agencies, and charter schools.
P6 1
(c) This section shall become operative on the date that the
2United States Department of Education provides guidance to state
3education agencies or local educational agencies that applicable
4federal law does not prohibit substitute teachers from filling an
5absence
or a vacancy in a special education classroom on an
6emergency, temporary, or provisional basis.
7
(d) This section shall become inoperative on January 1, 2022,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2022, deletes or extends that date.
If the Commission on State Mandates determines that
12this act contains costs mandated by the state, reimbursement to
13local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.
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