Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2401

Introduced by Assembly Member O'Donnell

February 18, 2016

An act begin insert to amend Sections 44279.2 and 44279.3 of, and to repeal Sections 44279.25 and 44279.7 of, the Education Code, end insert relating to teachers, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2401, as amended, O'Donnell. Teachers: California Beginning Teacher Support and Assessment System.

Existing law establishes the California Beginning Teacher Support and Assessment System, to be administered jointly by the Commission on Teacher Credentialing and the Superintendent of Public Instruction for specified purposes, including providing an effective transition into the teaching career for first-year and 2nd-year teachers in California.

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Existing law requires the Superintendent, each fiscal year, to adjust the allocation made to a school district or consortium of school districts for each beginning teacher participating in a local teacher induction program pursuant to the California Beginning Teacher Support and Assessment System by the inflation factor set forth in a specified statute.

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This bill would make legislative findings and declarations regarding the teacher shortage in the state and the California Beginning Teacher Support and Assessment System.

This bill would make an appropriation of an unspecified amount from the General Fund to the Superintendent and the commission for the 2016-17 fiscal year to fund the California Beginning Teacher Support and Assessment System. begin insert The bill would instead require the allocation described above to be adjusted each fiscal year by an inflation factor provided in the annual Budget Act. end insert

This bill would also state the intent of the Legislature that future funding for the California Beginning Teacher Support and Assessment System be provided each year in the annual Budget Act.

begin insert Existing law requires the Superintendent and the commission to award supplemental grants on a competitive basis to California Beginning Teacher Support and Assessment System teacher induction programs to be expended to assist clusters of teacher induction programs operated by school districts or consortiums of school districts. end insert

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This bill would delete the requirement to award these grants.

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Exiting law required the Superintendent and the commission, by December 1, 2007, to report to the Legislature and the Governor on the current state of the California Beginning Teacher Support and Assessment System. Existing law also required the Superintendent and the commission, by July 1, 2008, to review and revise the Standards of Quality and Effectiveness for Professional Teacher Induction Programs of March 2002.

end insert begin insert

This bill would delete these obsolete reporting requirements.

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This bill would also make conforming changes, recast certain provisions of existing law, delete other obsolete references, and make other nonsubstantive changes.

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Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) According to the Commission on Teacher Credentialing, the
number of begin delete pupils end delete begin insert students end insert enrolled in teacher preparation programs
declined by more than 50 percent between 2008 and 2013.

(b) At the same time that enrollment in teacher preparation
programs is declining, more than 20 percent of California’s teachers
have more than 20 years of experience, meaning they are at or near
retirement age and will need to be replaced.

(c) Among new teachers, 40 percent leave the profession within
the first five years, adding to the teacher shortage and reducing
the benefits of the state’s investment in teacher preparation.

(d) The California Beginning Teacher Support and Assessment
System (Article 4.5 (commencing with Section 44279.1) of Chapter
2 of Part 25 of Division 3 of Title 2 of the Education Code), which
was established in 1992, has been shown to substantially increase
new teacher retention to nearly 90 percent. In addition, the
California Beginning Teacher Support and Assessment System
has been shown to improve teacher effectiveness and pupil
outcomes.

(e) There is a clear state interest in continuing the California
Beginning Teacher Support and Assessment System as a proven
means of effectively addressing the teacher shortage and improving
teacher effectiveness and pupil outcomes.

(f) With the enactment of the local control funding formula,
ongoing funding targeted to the California Beginning Teacher
Support and Assessment System was eliminated.

(g) While the local control funding formula is an effective
system for targeting spending to programs whose benefits accrue
to local educational agencies and their pupils, it is not an effective
system for the support of programs whose benefits primarily are
external to local educational agencies and are more statewide than
local.

(h) The California Beginning Teacher Support and Assessment
System serves a compelling state interest and should be funded
each year in the annual Budget Act.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 44279.2 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44279.2.  

(a) The Superintendent and the commission shall
jointly administer the California Beginning Teacher Support and
Assessment System pursuant to this begin delete chapter. end delete begin insert article. end insert In
administering this section, the Superintendent and the commission
shall provide or contract for the provision of all of the following:

(1) Establishing requirements for reviewing and approving
teacher induction programs.

(2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For purposes of this
section, “program effectiveness” means producing excellent
program outcomes in relation to the purposes defined in subdivision
(b) of Section 44279.1. For purposes of this section, “program
quality” means excellence with respect to program factors,
including, but not limited to, all of the following:

(A) Program goals.

(B) Design resources.

(C) Management, evaluation, and improvement of the program.

(D) School context and working conditions.

(E) Support and assessment services to each beginning teacher.

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(3) Developing purposes and functions for reviewing and
approving supplemental grants and standards for program clusters
and program consultants, as defined pursuant to Section 44279.7.

(4)

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begin insert (3) end insert  Improving and refining the formative assessment system.

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(5)

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begin insert (4) end insert  Improving and refining professional development materials
and strategies for all personnel involved in implementing induction
programs.

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(6)

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begin insert (5) end insert  Conducting and tracking research related to beginning
teacher induction.

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(7)

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begin insert (6) end insert  Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission
and the Standards of Quality and Effectiveness for Beginning
Teacher Support and Assessment Program adopted by the
commission and making changes to those documents, as necessary.

(b) As part of the California Beginning Teacher Support and
Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.

(c) A school district or consortium of school districts may apply
to the Superintendent for funding to establish a local teacher
induction program pursuant to this section. From amounts
appropriated for purposes of this section, the Superintendent shall
allocate three thousand dollars ($3,000) for each beginning teacher
participating in the program. That amount shall be adjusted each
fiscal year by begin delete the end delete begin insert an end insert inflation factor begin delete set forth in Section 42238.1. end delete
begin insert as provided in the annual Budget Act. end insert To be eligible to receive
funding, a school district or consortium of school districts shall,
at a minimum, meet all of the following requirements:

(1) Develop, implement, and evaluate teacher induction
programs that meet the Quality and Effectiveness for Beginning
Teacher Induction Program Standards adopted by the commission.

(2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission.

(3) Meet criteria for the cost-effective delivery of program
services.

(4) From amounts received from local, state, or resources
available for purposes of teacher induction programs, contribute
not less than two thousand dollars ($2,000) for the costs of each
beginning teacher served in the induction program.

(d) Teachers who have received their preliminary credential in
a district intern program pursuant to Article 7.5 (commencing with
Section 44325) or an intern program pursuant to Article 3
(commencing with Section 44450) of Chapter 3 and who are
participating in an induction program pursuant to this section are
not eligible for funding pursuant to Article 11 (commencing with
Section 44380) of Chapter 2.

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(e) In consultation with the Superintendent, the commission
shall revise the formative assessment system for beginning
teachers, as necessary to ensure that related tasks and activities
are aligned to the current standards.

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(f) The Superintendent and the commission shall identify
effective practices and techniques and provide for the dissemination
of these to local induction program providers.

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(g) The commission shall review induction programs as
necessary to determine whether local teacher induction programs
are meeting current standards of quality and effectiveness and to
ensure greater program quality and consistency.

end insert begin insert

(h) The Superintendent and the commission shall ensure that
teacher credential candidates are notified of the opportunity to
choose an early completion option pursuant to Section 44468.

end insert

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begin insert SEC. 3. end insert   

end insert

begin insert Section 44279.25 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

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44279.25.  

(a) By December 1, 2007, the Superintendent and
the commission shall report to the Legislature and the Governor
on the current state of the Beginning Teacher Support and
Assessment System. The report shall review the articulation of
teacher preparation programs and teacher induction programs to
eliminate duplicative requirements and, at a minimum, do all of
the following:

(1) Recommend revisions to laws, regulations, or policies to
eliminate duplicative requirements between teacher preparation
and teacher induction programs, with particular attention paid to
eliminating duplication between induction requirements and
requirements for completion of state-approved alternative
certification programs.

(2) Recommend revisions to the system to ensure that teacher
credential candidates achieve teaching competence and programs
use best practices to transition candidates from teacher preparation
programs to induction programs.

(3) Recommend ways to ensure that beginning teachers receive
direct assistance from experienced teachers who are familiar with
the grade span, subject matter, and teaching and classroom
management techniques appropriate to the teaching assignment of
each beginning teacher.

(b) By July 1, 2008, the Superintendent and the commission
shall review and revise, as necessary, the Standards of Quality and
Effectiveness for Professional Teacher Induction Programs of
March 2002 to ensure that these standards address the application
of knowledge and skills previously acquired in a preliminary
credential program and to remove any requirements or activities
that require candidates to duplicate the acquisition of knowledge
through coursework. This review shall include, but need not be
limited to, all of the following:

(1) A review of formative assessment systems in use to ensure
that the systems are appropriately flexible and may be adapted to
reflect progress of individual candidates.

(2) A review of professional development provided to induction
participants to ensure that it is not duplicative of coursework
completed during teacher preparation.

(3) A review of new teacher support to ensure that the focus is
on application and enhancement of skills and knowledge acquired
in a preliminary credential program.

(4) Recommendations for program monitoring with respect to
this subdivision.

(c) In consultation with the Superintendent, the commission
shall revise the formative assessment system for beginning
teachers, as necessary to ensure that related tasks and activities
are aligned to the revised standards.

(d) The Superintendent and the commission shall identify
effective practices and techniques and provide for the dissemination
of these to local induction program providers.

(e) Immediately following the adoption of revised standards
pursuant to subdivision (b), the commission shall review induction
programs to determine whether local teacher induction programs
are meeting standards of quality and effectiveness adopted pursuant
to subdivision (b) and to assure greater program quality and
consistency. The commission shall schedule regular reviews
following the initial review of programs pursuant to this
subdivision.

(f) The Superintendent and the commission shall ensure that
teacher credential candidates are notified of the opportunity to
choose an early completion option pursuant to Section 44468.

(g) It is the intent of the Legislature that funds appropriated in
Provision 44 of Item 6110-001-0890 of Section 2.00 of the Budget
Act of 2006 (Chapter 47 of the Statutes of 2006) be made available
for reviews and preparation of the reports required pursuant to
subdivisions (a) and (b), and that the implementation of
recommendations proceed immediately following the adoption of
those reviews and reports.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 44279.3 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44279.3.  

(a) It is the intent of the Legislature that the executive
secretary of the commission and the Superintendent begin delete of Public
Instruction end delete shall recommend to the commission standards of
beginning teachers’ support and performance, and an assessment
process for verifying attainment of the performance standards,
which shall be based on the results of the evaluation study required
by Section 44279.2, as that section read on December 31, 1992.

(b) It is the intent of the Legislature that the commission shall
adopt and promulgate standards and requirements for earning the
professional teaching credential pursuant to paragraph (2) of
subdivision (a) of Section 44225 in accordance with Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code. The proposed regulations shall be developed
jointly with the begin delete Superintendent of Public Instruction, and shall be
drafted in consultation with the panel established pursuant to
subdivision (b) of Section 44259.2. end delete begin insert Superintendent. end insert

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It

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begin insert (c) end insert begin insert   end insert begin insert It end insert is the intent of the Legislature that the requirements of
paragraph (2) of subdivision (a) of Section 44225 be operative
within six months of the commission’s adoption of standards and
requirements for earning the professional credential. First priority
shall be given to cost-effective requirements that maximize the
use of existing state and local resources. The commission shall
consider the use of credential fees and assessment fees to support
the cost of implementing the requirements. In adopting professional
teacher certification requirements pursuant to this subdivision, the
commission shall include the criteria specified in subdivision (d)
of Section 44225, and, in addition, shall include the following:

(1) A rigorous program of candidate-centered assessment that
relies upon individually evaluating the fitness of each individual
candidate for a credential.

(2) Rigorous assessments of each teaching candidate’s general
knowledge and subject matter knowledge, that are designed to
verify reading skills, writing ability, mathematical reasoning, and
other elements of a liberal arts education.

(3) Assessments of each teaching candidate’s instructional begin delete skills end delete
and classroom management skills, including an assessment of each
teaching candidate’s ability to work effectively with begin delete students end delete begin insert pupils end insert
of both sexes and from a variety of ethnic, socioeconomic, cultural,
academic, and linguistic backgrounds.

(4) Alternatives for professionally supervising, supporting, and
assisting beginning teachers for at least the critical first full
teaching year.

(5) Deregulation of the academic training of teachers by shifting
the emphasis from granting credentials on the basis of program
approval to granting credentials on the basis of comprehensive
assessments of individual candidates.

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(c)

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begin insert (d) end insert  If the professional teacher certification requirements adopted
by the commission include passage of a standardized examination,
the commission shall establish a procedure for approval by the
commission of alternative examinations or assessments whose
scope, contents, and level of difficulty are determined by the
commission to be equivalent to the scope, contents, and level of
difficulty of the standardized examination. In making these
determinations, the commission may refer to and utilize, to the
extent consistent with this section, accepted national and
professional standards governing the use of tests and assessments,
and governing the determination of equivalence between alternative
tests and assessments. The commission shall recover the costs of
administering any standard examination that the commission adopts
by collecting examination fees from examinees. An agency or
organization that recommends an alternative examination that is
approved by the commission shall pay the costs of developing and
administering the alternative examination from any available source
of funds, including examination fees, existing budget allocations,
and amended budget allocations.

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(d)

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begin insert (e) end insert  It is the intent of the Legislature that no detailed prescriptive
checklists of competencies be adopted at the state level for the
assessment of each beginning teacher’s classroom performance.

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(e)

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begin insert (f) end insert  Until the operative date of the regulations that are adopted
and promulgated in accordance with subdivision (b), the
commission shall continue to administer teacher certification
requirements and regulations that were in effect on December 31,
1988. The commission may amend those requirements and
regulations, as the need arises.

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begin insert SEC. 5. end insert   

end insert

begin insert Section 44279.7 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

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44279.7.  

(a) The superintendent and the commission shall
award supplemental grants on a competitive basis to Beginning
Teacher Support and Assessment System teacher induction
programs established pursuant to Section 44279.2 that are identified
as having expertise according to criteria established by the
superintendent and the commission. The supplemental grants
received pursuant to this section shall be expended to assist clusters
of teacher induction programs operated by school districts or
consortiums of school districts.

(b) The superintendent and the commission shall designate each
school district and consortium of school districts participating in
the Beginning Teacher Support and Assessment System established
pursuant to Section 44279.2 as belonging to a cluster according
to the criteria established pursuant to this subdivision. For the
purposes of this section “cluster” means a cluster of school districts
or consortium of school districts established pursuant this section.
The superintendent and the commission shall establish criteria for
the formation of school districts or consortiums of school district
teacher induction program clusters based upon, but not necessarily
be limited to, all of the following:

(1) Geographic proximity.

(2) Program size.

(3) The number of beginning teachers served.

(4) The similarity of teacher characteristics and pupil populations
in each school district.

(c) School districts and consortiums of school districts awarded
supplemental grants pursuant to this section shall identify a teacher
induction program consultant to assist the school district or
consortiums of school districts forming a cluster. The
superintendent and the commission shall identify the purpose and
functions of each consultant. Those purposes and functions shall
include, but not necessarily be limited to, all the following:

(1) Assisting in designing, implementing, refining, and
evaluating their teacher induction programs.

(2) Assisting in building the capacity to provide professional
development for all personnel involved in the implementation of
teacher induction programs, including, but not limited to, beginning
teachers, support providers, and administrators.

(3) Disseminating information on teacher induction programs
to all interested participants within the cluster and collaborating
with other consultants statewide and with state administrative
agency staff to ensure ongoing program improvement.

(d) The superintendent and the commission shall ensure that
each grant awarded pursuant to this section supports the salary and
benefits and other related costs based on the prorated amount of
time dedicated to this function for a consultant to assist each
cluster.

end delete

begin delete SEC. 2. end delete

begin insert SEC. 6. end insert   

The amount of ____ dollars ($____) is hereby
appropriated from the General Fund to the Superintendent of Public
begin delete Education end delete begin insert Instruction end insert and the Commission on Teacher
Credentialing for the purposes of Section 44279.2 of the Education
Code for the 2016-17 fiscal year.

begin delete SEC. 3. end delete

begin insert SEC. 7. end insert   

It is the intent of the Legislature that funding for the
California Beginning Teacher Support and Assessment System
(Article 4.5 (commencing with Section 44279.1) of Chapter 2 of
Part 25 of Division 3 of Title 2 of the Education Code) be provided
each year in the annual Budget Act.