BILL NUMBER: SB 2042 CHAPTERED BILL TEXT CHAPTER 548 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 1998 APPROVED BY GOVERNOR SEPTEMBER 17, 1998 PASSED THE SENATE AUGUST 27, 1998 PASSED THE ASSEMBLY AUGUST 25, 1998 AMENDED IN ASSEMBLY AUGUST 21, 1998 AMENDED IN ASSEMBLY JULY 20, 1998 AMENDED IN ASSEMBLY JULY 7, 1998 AMENDED IN ASSEMBLY JUNE 25, 1998 AMENDED IN SENATE MAY 19, 1998 AMENDED IN SENATE APRIL 28, 1998 AMENDED IN SENATE APRIL 13, 1998 INTRODUCED BY Senator Alpert and Assembly Member Mazzoni (Coauthor: Senator Hughes) (Coauthors: Assembly Members Alquist, Honda, Strom-Martin, and Washington) FEBRUARY 20, 1998 An act to amend Sections 44259 , 44277, and 44279.1 of, to amend the heading of Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 25 of, to add Section 44320.2 to, to repeal Section 44259.2 of, and to repeal and add Section 44259.1 of, the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST SB 2042, Alpert. Teacher credentialing. (1) Existing law prescribes the minimum requirements for the preliminary multiple or single subject teaching credential, including completion of a program of not more than one year of professional preparation that has been approved or accredited. This bill would require the Commission on Teacher Credentialing to encourage accredited institutions to offer undergraduate minors in education and special education. The bill would require satisfactory completion of a program of professional preparation that has been accredited by the committee on accreditation on the basis of standards of program quality and effectiveness that have been adopted by the Commission on Teacher Credentialing. Subject to the availability of funds in the annual Budget Act for this purpose, the bill would require each program to include a teaching performance assessment which is aligned with the California Standards for the Teaching Profession. The bill would require the Commission on Teacher Credentialing to ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed state content and performance standards for pupils. The bill would provide that programs that meet the requirement for professional preparation shall include integrated programs of subject matter preparation and professional preparation, postbaccalaureate programs of professional preparation, and internship programs of professional preparation. (2) Existing law requires completion of designated studies for the professional multiple or single subject teaching credential. This bill would require possession of a valid preliminary teaching credential, possession of a valid equivalent credential or certificate, or completion of equivalent requirements, and subject to the availability of funding in the annual Budget Act, completion of a program of beginning teacher induction for the professional clear multiple or single subject teaching credential. The bill would require the Commission on Teacher Credentialing to grant teaching credentials based on the requirements for those credentials that were in effect on December 31, 1998, to candidates who were in the process of meeting those requirements for teaching credentials before the effective date of the commission's implementation of this provision. (3) Existing law requires the Commission on Teacher Credentialing to review the requirements for earning and renewing multiple and single subject teaching credentials with special references to the findings, conclusions, and recommendations of the report on alternative routes to teacher certification and of the pilot study of alternative methods of new teacher support and assessment. This bill would repeal this provision. (4) Existing law, known as the Beginning Teacher Support and Assessment System, has as its purpose the provision of an effective transition into a teaching career for 1st-year and 2nd-year teachers in California through, among other things, the provision of intensive individualized support and assistance to each beginning teacher and the establishment of performance assessments. This bill would redesignate that system as the Marian Bergeson Beginning Teacher Support and Assessment System. (5) Existing law sets forth the minimum requirements for maintaining the validity of the clear multiple or single subject teaching credential, including, among other things, successful service as a classroom teacher and completion of an individual program of professional growth, and completion of an approved fifth-year program after completion of a baccalaureate degree at an accredited institution. Existing law requires an individual program of professional growth to consist of a minimum of 150 clock hours of participation in activities, as specified. This bill would additionally require the participation in activities that are aligned with the California Standards for the Teaching Profession and the standards of pupil performance. The bill would require the Commission on Teacher Credentialing to eliminate the requirement of completing an approved fifth-year program for any candidate who has completed an induction program that has been approved for the professional clear credential pursuant to specified provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature by enacting the act adding this section and by enacting the Budget Act of 1998 to implement standards that govern all aspects of teacher preparation, including subject matter knowledge, professional preparation, induction, and credential renewal; to strengthen teacher preparation by better integrating theory and practice, and to expand teacher induction programs and programs to attract qualified persons to teaching. SEC. 2. Section 44259 of the Education Code is amended to read: 44259. (a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each program of professional preparation for multiple or single subject teaching credentials shall not include more than one year of, or the equivalent of one-fifth of a five-year program in, professional preparation. (b) The minimum requirements for the preliminary multiple or single subject teaching credential, are all of the following: (1) A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become teachers. (2) Passage of the state basic skills examination that is developed and administered by the commission pursuant to Section 44252.5. (3) Satisfactory completion of a program of professional preparation that has been accredited by the committee on accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. Subject to the availability of funds in the annual Budget Act for this purpose, and in accordance with the commission's assessment and performance standards, each program shall include a teaching performance assessment as set forth in Section 44320.2 which is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist students to meet or exceed state content and performance standards for pupils adopted pursuant to subdivision (a) of Section 60605. Programs that meet this requirement for professional preparation shall include any of the following: (A) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1. (B) Postbaccalaureate programs of professional preparation, pursuant to subdivision (b) of Section 44259.1. (C) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3. (4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), among all pupils, including those for whom English is a second language, in accordance with the commission's standards of program quality and effectiveness. The study of reading shall meet the following requirements: (A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research-based and includes all of the following: (i) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills. (ii) A strong literature, language, and comprehension component with a balance of oral and written language. (iii) Ongoing diagnostic techniques that inform teaching and assessment. (iv) Early intervention techniques. (v) Guided practice in a clinical setting. (B) For the purposes of this section, "direct, systematic, explicit phonics" means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive. A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts. (5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the state content and performance standards adopted for pupils pursuant to subdivision (a) of Section 60605. (6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335. (7) Commencing January 1, 2000, demonstration, in accordance with the commission's standards of program quality and effectiveness, of basic competency in the use of computers in the classroom. (c) The minimum requirements for the professional clear multiple or single subject teaching credential shall include all of the following requirements: (1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission. A candidate who has satisfied the requirements of subdivision (b) for a preliminary credential, including completion of an accredited internship program of professional preparation, shall be determined by the commission to have fulfilled the requirements of paragraph (2) for beginning teacher induction if the accredited internship program has fulfilled induction standards and been approved as set forth in this subdivision. (2) Subject to the availability of funds in the annual Budget Act to provide statewide access to eligible beginning teachers, as defined in subdivision (d) of Section 44279.1, completion of a program of beginning teacher induction, including any of the following: (A) A program of beginning teacher support and assessment approved by the commission and the Superintendent of Public Instruction pursuant to Section 44279.1, a provision of the Marian Bergeson Beginning Teacher Support and Assessment System. (B) An alternative program of beginning teacher induction that is provided by one or more local education agencies and has been approved by the commission and the superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the superintendent, and the State Board of Education pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. Any alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2. (C) An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission's standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher's professional skills in relation to the California Standards for the Teaching Profession and the standards of student performance adopted pursuant to Section 60605. (3) Preparation, in accordance with commission standards, that addresses the following: (A) Study of health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross. (B) Study and field experience in methods of delivering appropriate educational services to students with exceptional needs in regular education programs. (C) Study, in accordance with the commission's standards of program quality and effectiveness, of advanced computer-based technology, including the uses of technology in educational settings. (4) The commission shall develop and implement standards of program quality that provide for the areas of study listed in subparagraphs (A) to (C), inclusive of paragraph (3), starting in professional preparation and continuing through induction. (5) Completion of an approved fifth-year program after completion of a baccalaureate degree at a regionally accredited institution, except that the commission shall eliminate this requirement for any candidate who has completed an induction program that has been approved for the professional clear credential pursuant to paragraph (2). (d) A credential that was issued prior to the effective date of this section shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission may not, by regulation, invalidate an otherwise valid credential unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service. (e) A credential program that is approved by the commission may not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission. (f) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect prior to that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision. (g) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied only to persons who enter a program of professional preparation on or after January 1, 1997. (h) The commission shall grant teaching credentials based on the requirements for those credentials that were in effect on December 31, 1998, to candidates who were in the process of meeting those requirements for teaching credentials before the effective date of the commission's implementation of this section. SEC. 3. Section 44259.1 of the Education Code is repealed. SEC. 4. Section 44259.1 is added to the Education Code, to read: 44259.1. (a) An integrated program of professional preparation shall enable candidates for teaching credentials to engage in professional preparation concurrent with subject matter preparation, while completing baccalaureate degrees at regionally accredited postsecondary institutions. An integrated program shall provide opportunities for candidates to complete intensive field experiences in public elementary and secondary schools early in the undergraduate sequence. The development and implementation of an integrated program shall be based on intensive collaboration among subject matter departments and education units within postsecondary institutions, and local public elementary and secondary school districts. The commission shall encourage postsecondary institutions to offer integrated programs of professional preparation. In approving integrated programs, the commission shall not compromise or reduce its standards of subject matter preparation pursuant to Article 6 (commencing with Section 44310) or its standards of professional preparation pursuant to paragraph (3) of subdivision (b) of Section 44259. (b) A postbaccalaureate program of professional preparation shall enable candidates for teaching credentials to commence and complete professional preparation after they have completed baccalaureate degrees at regionally accredited institutions. The development and implementation of a postbaccalaureate program of professional preparation shall be based on intensive collaboration among the postsecondary institution and local public elementary and secondary school districts. SEC. 5. Section 44259.2 of the Education Code is repealed. SEC. 6. Section 44277 of the Education Code is amended to read: 44277. The Legislature recognizes that effective professional growth must continue to occur throughout the careers of all teachers, in order that teachers remain informed of changes in pedagogy, subject matter, and pupil needs. In enacting this section, it is the intent of the Legislature to establish professional growth requirements that give individual teachers a wide range of options to pursue as well as significant roles in determining the course of their professional growth. (a) The minimum requirements for maintaining the validity of the clear multiple or single subject teaching credential pursuant to Section 44251 shall be both of the following: (1) Successful service as a classroom teacher or successful service authorized by a services credential. The minimum length of service shall be equivalent to one-half of a school year. (2) Completion of an individual program of professional growth as prescribed in this section and by the commission. (b) An individual program of professional growth shall consist of a minimum of 150 clock hours of participation in activities that are aligned with the California Standards for the Teaching Profession that contribute to competence, performance, or effectiveness in the profession of education and the teacher's classroom assignments. Acceptable activities shall be defined by the commission to include, among other acceptable activities, the completion of courses offered by regionally accredited colleges and universities, including instructor-led interactive courses delivered through online technologies; participation in professional conferences, workshops, teacher center programs, or staff development programs; service as a mentor teacher pursuant to Section 44496; participation in school curriculum development projects; participation in systematic programs of observation and analysis of teaching; service in a leadership role in a professional organization; and participation in educational research or innovation efforts. Employing agencies and employees' bargaining agents may negotiate to agree on the terms of programs of professional growth within their jurisdictions, provided that the agreements shall be consistent with this section. (c) An individual program of professional growth shall be developed and planned by the holder of a clear teaching credential. (d) Effective January 1, 1991, an individual program of professional growth may include a basic course in cardiopulmonary resuscitation, which includes training in the subdiaphragmatic abdominal thrust (also known as the "Heimlich maneuver") and meets or exceeds the standards established by the American Heart Association or the American Red Cross for courses in that subject. A teacher's participation in this training option shall count towards the minimum 150 clock hours required to satisfy the professional growth requirements. (e) Before a holder of a clear teaching credential commences or amends an individual program of professional growth, a school principal, a mentor teacher provided for in Section 44496, or other district designee shall certify to the credential holder that the planned program or amendment complies with this section and with regulations of the commission. (f) A clear teaching credential shall be deemed to remain valid so long as the holder of the credential, at five-year intervals, submits to the commission verification by a school principal, a mentor teacher, or other district designee that the holder has satisfied the minimum requirements specified in subdivision (a). In the absence of adequate verification, the commission shall invalidate the credential. Verification by a school principal, a mentor teacher, or other district designee shall be independent of any evaluation of the performance of the holder of the clear teaching credential that is conducted for the purpose of determining the credential holder's employment status. The arbitrary refusal of a school principal, a mentor teacher, or other district designee to verify completion of an individual program of professional growth meeting the requirements of this section and commission regulations shall constitute grounds for an appeal as prescribed in Section 44278. SEC. 7. The heading of Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 25 of the Education Code is amended to read: Article 4.5. Marian Bergeson Beginning Teacher Support and Assessment System SEC. 8. Section 44279.1 of the Education Code is amended to read: 44279.1. (a) The Legislature finds and declares that the beginning years of a teacher's career are a critical time in which it is necessary that intensive professional development and assessment occur. The Legislature recognizes that the public invests heavily in the preparation of prospective teachers, and that more than half of all new teachers leave some California school districts after one or two years in the classroom. Intensive professional development and assessment are necessary to build on the preparation that precedes initial certification, to transform academic preparation into practical success in the classroom, to retain greater numbers of capable beginning teachers, and to remove novices who show little promise as teachers. It is the intent of the Legislature that the commission and the superintendent develop and implement policies to govern the support and assessment of beginning teachers, as a condition for the professional certification of those teachers in the future. (b) There is hereby established the California Beginning Teacher Support and Assessment System, to be administered jointly by the commission and the superintendent. In administering the system, the commission and the superintendent shall approve the most cost-effective programs of support and assessment. The commission and the superintendent shall also ensure that programs meet the Standards of Quality and Effectiveness for Beginning Teacher Support and Assessment adopted by the commission in 1997 and that local programs support beginning teachers in meeting the competencies described in the California Standards for the Teaching Profession adopted by the commission in January 1997. The system shall do all of the following: (1) Provide an effective transition into the teaching career for first-year and second-year teachers in California. (2) Improve the educational performance of pupils through improved training, information, and assistance for new teachers. (3) Enable beginning teachers to be effective in teaching pupils who are culturally, linguistically, and academically diverse. (4) Ensure the professional success and retention of new teachers. (5) Ensure that a support provider provides intensive individualized support and assistance to each participating beginning teacher. (6) Improve the rigor and consistency of individual teacher performance assessments and the usefulness of assessment results to teachers and decisionmakers. (7) Establish an effective, coherent system of performance assessments that are based on the California Standards for the Teaching Profession adopted by the commission in January 1997. (8) Examine alternative ways in which the general public and the educational profession may be assured that new teachers who remain in teaching have attained acceptable levels of professional competence. (9) Ensure that an individual induction plan is in place for each participating beginning teacher and is based on an ongoing assessment of the development of the beginning teacher. (10) Ensure continuous program improvement through ongoing research, development, and evaluation. (c) Participation in the system shall be voluntary for teachers, school districts, and county offices of education and participation by certificated employees shall not be made a condition of employment. The commission and the superintendent shall adopt and implement criteria and standards for participation in the system, including criteria regarding the eligibility of teachers and standards of local program quality and intensity for schools, school districts, county offices of education, colleges, universities, and other educational and professional organizations. The criteria and standards shall be consistent with the purposes of the system. (d) For the purpose of this article, unless the context otherwise requires, "beginning teacher," means a teacher with a valid California credential, as defined in Section 44259, or an intern participating in the program established pursuant to Article 11 (commencing with Section 44380) of Chapter 2.5, who is serving in the first year or second year of service. (e) For a beginning teacher who holds a professional clear teaching credential that is subject to the requirements of subdivisions (b) and (c) of Section 44277, participation in the program may, at the teacher's discretion, serve as part or all of the individual program of professional growth. (f) The superintendent and the commission shall disseminate the California Standards for the Teaching Profession adopted by the commission in January 1997 to colleges, universities, school districts, county offices of education, and professional associations, who shall be encouraged to use the standards in efforts to improve teacher preparation and support programs. Performance assessments developed under this article shall be designed to provide useful, helpful feedback to beginning teachers and their support providers. That information shall not be used for employment-related evaluations, as a condition of employment, or as a basis for terminating employment. (g) It is the intent of the Legislature that the commission and the superintendent establish a statewide teacher induction program that supports locally designed, high quality induction programs that provide individualized support and formative assessment for all participating beginning teachers as defined in subdivision (d). At the discretion of the local beginning teacher support and assessment system teacher induction program, funds allocated to a program on the basis of eligible beginning teachers may be used to provide support, assistance, and preparation services to other credential candidates who are in their first or second year of employment as a classroom teacher. (h) This article shall be known, and may be cited, as the Marian Bergeson Beginning Teacher Support and Assessment System. SEC. 9. Section 44320.2 is added to the Education Code, to read: 44320.2. (a) The Legislature finds and declares that the competence and performance of teachers are among the most important factors in influencing the quality and effectiveness of education in elementary and secondary schools. (b) For a program of professional preparation to satisfy the requirements of paragraph (3) of subdivision (b) of Section 44259, the program shall include a teaching performance assessment that is aligned with the California Standards for the Teaching Profession and that is congruent with state content and performance standards for pupils adopted pursuant to subdivision (a) of Section 60605. In implementing this requirement, institutions or agencies may do the following: (1) Voluntarily develop an assessment for approval by the commission. Approval of any locally developed performance assessment shall be based on assessment quality standards adopted by the commission, which shall encourage the use of alternative assessment methods including portfolios of teaching artifacts and practices. (2) Participate in an assessment training program for assessors and implement the commission developed assessment. (3) Request that the commission conduct the performance assessment for its candidates. (c) The performance assessment shall not be incorporated into professional preparation programs without streamlining the existing teacher credential requirements. The commission shall implement the performance assessment in a manner that does not increase the number of assessments required for teacher credential candidates prepared in this state. Each candidate shall be assessed during the normal term or duration of the candidate's preparation program as provided by law. (d) Subject to the availability of funds in the annual Budget Act, the commission shall perform the following duties with respect to the performance assessment: (1) Assemble and convene an expert panel to advise the commission about performance standards and developmental scales for teaching credential candidates and the design, content, administration, and scoring of the assessment. Not fewer than one-third of the panel members shall be classroom teachers in California public schools. (2) Design, develop, and implement assessment standards and an institutional assessor training program for the sponsors of professional preparation programs to use if they choose to use the commission developed assessment. (3) Design, develop, adopt, administer, and score the assessment for candidates that request direct administration of the assessment by the commission. (4) Establish a review panel to examine each assessment developed by an institution or agency in relation to the standards set by the commission and advise the commission regarding approval of each assessment system. (5) Initially and periodically analyze the validity of assessment content and the reliability of assessment scores that are established pursuant to this section. (6) Establish and implement appropriate standards for satisfactory performance in assessments that are established pursuant to this section. The commission shall ensure that oral proficiency in English is a criterion for scoring each candidate's performance in each assessment. (7) Analyze possible sources of bias in the performance assessment and act promptly to eliminate any bias that is discovered. (8) Collect and analyze background information provided by candidates who participate in the performance assessment, and report and interpret the individual and aggregated results of the assessment. (9) Examine and revise, as necessary, the institutional accreditation system pursuant to Article 10 (commencing with Section 44370), for the purpose of providing a strong assurance to teaching candidates that ongoing opportunities are available in each credential preparation program that is offered pursuant to Section 44320, Article 6 (commencing with Section 44310), Article 7.5 (commencing with Section 44325), or Article 3 (commencing with Section 44450) of Chapter 3 for candidates to acquire the knowledge, skills, and abilities measured by the assessment system. (10) Ensure that the aggregated results of the assessment for groups of candidates who have completed a credential program are used as one source of information about the quality and effectiveness of that program. (e) The commission shall ensure that each performance assessment pursuant to subdivision (b) is aligned with the California Standards for the Teaching Profession. To the maximum feasible extent, each performance assessment shall be ongoing and blended into the preparation program, and shall produce the following benefits for credential candidates, sponsors of preparation programs, and local education agencies that employ program graduates: (1) The performance assessment shall be designed to provide formative assessment information during the preparation program for use by the candidate, instructors, and supervisors for the purpose of improving the candidate's teaching knowledge, skill, and ability. (2) The performance assessment results shall be reported so that they may serve as one basis for a recommendation by the program sponsor that the commission award a teaching credential to a candidate who has successfully met the performance assessment standards. (3) The formative assessment information pursuant to paragraph (1) and the performance assessment results pursuant to paragraph (2) shall be reported so that they may serve as one basis for the new teacher's individual induction plan pursuant to Section 44279.2. (f) The teaching performance assessment that is offered in accordance with paragraph (3) of subdivision (b) shall be subject to Sections 44235.1 and 44298. Assessments in accordance with paragraphs (1) and (2) of subdivision (b), including the commission's administrative costs, shall be subject to the annual Budget Act.