BILL NUMBER: AB 877 CHAPTERED 09/27/00 CHAPTER 703 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE AUGUST 18, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN SENATE JUNE 14, 2000 AMENDED IN ASSEMBLY JANUARY 14, 2000 AMENDED IN ASSEMBLY JANUARY 3, 2000 INTRODUCED BY Assembly Member Scott (Principal coauthor: Senator O'Connell) FEBRUARY 25, 1999 An act to amend Sections 44227, 44253, 44274, 44274.2, and 44275.3 of, to add Sections 44270.3, 44270.4, 44274.1, and 44275.4 to, and to repeal Section 44274.4 of, the Education Code, relating to teacher credentialing, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. (Approved by Governor September 25, 2000. Filed with Secretary of State September 27, 2000.) On this date I have signed Assembly Bill No. 877 with a reduction. This bill would make specified changes to the requirements governing the issuance of a California teaching credential to teachers who have been trained in other states, and the issuance of a professional services credential to school administrators who have been trained in other states. It would also authorize the Commission on Teacher Credentialing to contract for studies of teacher and administrator training requirements in other states. The appropriation in this bill, however, is in excess of the amount needed for these studies. Therefore, I am reducing the appropriation contained in this bill by $150,000 to reflect the actual amount needed to conduct the studies of teacher and administrator training requirements in other states. The revised appropriation shall be $350,000. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST AB 877, Scott. Teacher credentialing: out-of-state teachers. Existing law requires out-of-state applicants to meet prescribed requirements for the preliminary multiple or single subject teaching credential. This bill would eliminate those requirements and establish new requirements for the preliminary designated subjects teaching credential. The bill would require the Commission on Teacher Credentialing to issue a preliminary services credential with a specialization in administrative services or a professional services credential with a specialization in administrative services to an out-of-state trained administrator who meets prescribed requirements. Existing law requires the commission to award a credential, permit, or certificate of eligibility to any applicant who holds or qualifies for an equivalent credential, permit, or certificate of eligibility awarded by a state that has established a reciprocity agreement with the commission. This bill would eliminate this requirement. Existing law requires the commission to conduct periodic reviews to determine whether any state has established teacher preparation standards that are at least comparable and equivalent to teacher preparation standards in California and initiate negotiations with those states to provide reciprocity in teacher credentialing. Existing law requires the commission to grant an appropriate credential to any applicant from another state who has completed teacher preparation that is at least comparable and equivalent to those standards in California, if certain circumstances exist. This bill would revise the circumstances under which an out-of-state applicant may receive an appropriate teaching credential. The bill would require the commission to contract for reviews of certain standards of other states to allow out-of-state prepared teachers to meet specified California requirements for multiple subject and single subject teaching credentials based upon out-of-state teacher preparation determined by the commission to be comparable and equivalent to the preparation required in this state. The bill would require an initial review to commence in 2001 and supplemental reviews to be conducted every 3 years after the completion of the initial review. Existing law requires the commission to issue a 5-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom or a 5-year preliminary single subject teaching credential authorizing instruction in departmentalized classes to any applicant who has not been awarded a credential pursuant to a reciprocity agreement with another state and meets other prescribed requirements. This bill would require the commission to issue these credentials to experienced out-of-state prepared teachers who meet prescribed requirements. Existing law requires the commission to issue a professional clear multiple or single subject teaching credential or a 5-year preliminary specialist instruction credential authorizing instruction of pupils with disabilities to applicants who meet prescribed requirements. This bill would modify the requirements which applicants must meet to obtain the credentials. Existing law requires the commission to issue a 3-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom or a 3-year preliminary single subject teaching credential authorizing instruction in departmentalized classes to qualified applicants who meet prescribed requirements. This bill would delete this requirement. Existing law authorizes any teacher from another state to be employed by a school district to provide instructional services if certain conditions are met. Existing law requires the commission to grant a 5-year preliminary multiple or single subject teaching credential or education specialist credential to a teacher who meets certain requirements if the teacher has received an offer of employment from certain educational entities in this state. This bill would revise the requirements and conditions for the issuance of the credentials. This bill would also provide that coursework, programs, or degrees completed at an institution of higher education outside of the United States are acceptable toward certification when the commission or agency approved by the commission has determined that the coursework, programs, or degrees are equivalent to those offered by a regionally accredited institution in the United States. The bill would require the commission to issue a California multiple subject, single subject, or education specialist teaching credential to provide instructional services if certain conditions are met. The bill would appropriate the sum of $500,000 from the General Fund to the Commission on Teacher Credentialing for the purpose of contracting for periodic reviews to determine whether any state has established teacher preparation standards that are at least comparable and equivalent to teacher preparation standards in California. This bill would incorporate additional changes in Section 44227 of the Education Code proposed by AB 2339, that would become operative only if AB 2339 and this bill are both chaptered and become effective on or before January 1, 2001, and this bill is chaptered last. This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44227 of the Education Code is amended to read: 44227. (a) The commission may approve any institution of higher education whose teacher education program meets the standards prescribed by the commission, to recommend to the commission the issuance of credentials to persons who have successfully completed those programs. (b) Notwithstanding any provision of law to the contrary, the commission may approve for credit any coursework completed for credential purposes or for step increases in programs offered in California by out-of-state institutions of higher education that meet the requirements prescribed by Section 94761 only if the program of courses is offered by a regionally accredited institution and evidence of satisfactory evaluation by both that accrediting body and the Western Association of Schools and Colleges is submitted by the out-of-state institution to the commission for purposes of seeking approval of the program and any courses within that program to enable potential teachers to meet one or more requirements for a teaching credential in California. SEC. 1.5. Section 44227 of the Education Code is amended to read: 44227. (a) The commission may approve any institution of higher education whose teacher education program meets the standards prescribed by the commission, to recommend to the commission the issuance of credentials to persons who have successfully completed those programs. (b) Notwithstanding any provision of law to the contrary, the commission may approve for credit any coursework completed for credential purposes or for step increases in programs offered in California by out-of-state institutions of higher education that meet the requirements prescribed by Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 if the program of courses is offered by a regionally accredited institution and evidence of satisfactory evaluation by that accrediting body is submitted by the out-of-state institution to the commission for purposes of seeking approval of the program and any courses within that program to enable potential teachers to meet one or more requirements for a teaching credential in California. SEC. 2. Section 44253 of the Education Code is amended to read: 44253. (a) The commission may issue a preliminary designated subjects teaching credential, for a period not to exceed two years, pending completion of the requirements in subdivisions (b) and (c). (b) A course or examination on the provisions and principles of the United States Constitution. (c) The applicant meets the requirements of this state for teacher fitness pursuant to Sections 44339, 44340, and 44341. SEC. 3. Section 44270.3 is added to the Education Code, to read: 44270.3. Notwithstanding any provision of this chapter, the commission shall issue a preliminary services credential with a specialization in administrative services to an out-of-state trained administrator who meets all of the following requirements: (a) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (b) Successfully passed the basic skills proficiency test administered pursuant to Section 44252.5. (c) Completed a teacher preparation program at a regionally accredited institution of higher education, was issued an elementary, secondary, or special education teaching credential based upon that program, and served on that credential for at least three years. (d) Completed an administrator preparation program at a regionally accredited institution of higher education and was issued, or qualified for, an administrative services credential based upon that program. (e) Submitted fingerprint cards and met the requirements of California for teacher fitness pursuant to Sections 44339, 44340, and 44341. SEC. 4. Section 44270.4 is added to the Education Code, to read: 44270.4. Notwithstanding any provision of this chapter, the commission shall issue a professional services credential with a specialization in administrative services to an out-of-state trained administrator who meets all of the following requirements: (a) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (b) Successfully passed the basic skills proficiency test administered pursuant to Section 44252.5. (c) Completed a teacher preparation program at a regionally accredited institution of higher education, was issued an elementary, secondary, or special education teaching credential based upon that program, and served on that credential for at least three years. (d) Completed an administrator preparation program at a regionally accredited institution of higher education and was issued an administrative services credential based upon that program. (e) Submitted to the commission a minimum of two rigorous performance evaluations, one in each of the applicant's two most recent years of service as an administrator, upon which the applicant received ratings of satisfactory or better. (f) Successfully served as a public school administrator for at least three years or successfully completed an individual program of professional development that included intensive mentoring, assistance, and support as certified by the employing school district. (g) Submitted fingerprint cards and met the requirements of California for teacher fitness pursuant to Sections 44339, 44340, and 44341. SEC. 5. Section 44274 of the Education Code is amended to read: 44274. (a) The commission shall conduct periodic reviews, beginning in 1998, to determine whether any state has established teacher preparation standards that are at least comparable and equivalent to teacher preparation standards in California. (b) When the commission determines, pursuant to subdivision (a), that the teacher preparation standards established by any state are at least comparable and equivalent to teacher preparation standards in California, the commission shall initiate negotiations with that state to provide reciprocity in teacher credentialing. (c) The commission shall grant an appropriate credential to any applicant from another state who has completed teacher preparation that is at least comparable and equivalent to preparation that meets teacher preparation standards in California, as determined by the commission pursuant to this section, if the applicant has met the requirements of California for the basic skills proficiency test pursuant to subdivision (d) of Section 44275.3 and teacher fitness pursuant to Sections 44339, 44340, and 44341. (d) No reciprocity agreement established pursuant to subdivision (b) shall exempt an out-of-state applicant from submitting an identification card pursuant to Section 44340 and obtaining a certificate of clearance, credential, permit, or certificate of eligibility from the commission. (e) The commission shall issue credentials to out-of-state prepared teachers based on all of the following: (1) Equivalent preparation received outside of this state. (2) Equivalent reading instruction, as determined by the reviews conducted pursuant to Section 44274.1. (3) Equivalent subject matter programs or credential emphasis programs, as determined by the reviews conducted pursuant to Section 44274.1. SEC. 6. Section 44274.1 is added to the Education Code, to read: 44274.1. To remove unnecessary barriers for entry into teaching for teachers prepared in other states, the commission shall contract for reviews of areas of teacher preparation in other states, as specified in subdivisions (a) to (c), inclusive. The initial reviews shall commence in 2001. Supplemental reviews shall be conducted every three years after completion of the initial review. The purpose of the review is to maintain and utilize information to allow teachers prepared in other states to meet specified California requirements for multiple subject and single subject teaching credentials based upon out-of-state teacher preparation determined by the commission to be comparable and equivalent to the preparation required in California. Reviews shall take place in all of the following areas of teacher preparation for the purpose of meeting the credential requirements pursuant to Section 44275.3: (a) Subject matter programs or subject matter examinations pursuant to paragraph (5) of subdivision (b) of Section 44259. (b) Reading instruction pursuant to paragraph (4) of subdivision (b) of Section 44259. (c) Credential emphasis programs, including, but not limited to, emphasis programs to prepare teachers to work with English language learners. SEC. 7. Section 44274.2 of the Education Code is amended to read: 44274.2. (a) Notwithstanding any provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom or a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes to any experienced out-of-state prepared teacher who meets all of the following requirements: (1) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (2) Completed a teacher preparation program at a regionally accredited institution of higher education. (3) In the case of an applicant for a five-year preliminary single subject teaching credential, completed an academic major in the subject area of the credential sought as determined by the commission. (4) Earned a valid corresponding elementary or secondary teaching credential based upon the out-of-state teacher preparation program. (5) Verified a minimum of three years of full-time teaching experience completed in another state in the subject of the credential sought. (6) Submitted evidence of rigorous performance evaluations on which the applicant received ratings of satisfactory or better. (b) A teacher shall pass the state basic skills proficiency test administered by the commission pursuant to Section 44252 within one year of the issuance date of the credential in order to be eligible to continue teaching pursuant to this section. (c) The commission shall issue a professional clear multiple or single subject teaching credential to any applicant who provide verification of five or more years of teaching experience to meet the requirement of subdivision (a), and who documents, in a manner prescribed by the commission, that he or she fulfills each of the following requirements: (1) The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). (2) The applicant has completed 150 clock hours of activities that contribute to his or her competence, performance, and effectiveness in the education profession, and that assist the applicant in meeting or exceeding standards for professional preparation established by the commission. (d) The commission shall issue a professional clear multiple or single subject teaching credential to any applicant who provide verification of three or four years of teaching experience to meet the requirement of subdivision (a), and who documents in a manner prescribed by the commission, that he or she fulfills each of the following requirements: (1) The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). (2) The applicant has completed either of the following: (A) A program of beginning teacher support and assessment established pursuant to Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 24. (B) An alternative program of beginning teacher induction that the commission determines, in conjunction with the Superintendent of Public Instruction, meets state standards for teacher induction. (e) The commission shall issue a five-year preliminary specialist instruction credential authorizing instruction of pupils with disabilities to any applicant who has not been awarded a credential pursuant to subdivision (b) of Section 44275.3 and who fulfills all of the following requirements: (1) A baccalaureate or higher degree from a regionally accredited institution of higher education. (2) Completion of a professional preparation program in the requested education specialist category. (3) A valid corresponding special education credential from another state. (4) A minimum of three years of full-time teaching experience in the subject of the credential sought. (5) Submission of evidence of rigorous performance evaluations on which the applicant received ratings of satisfactory or better. (6) Passage of the state basic skills proficiency test, administered by the commission, pursuant to Section 44252, within one year of the issuance date of the credential. (f) The commission shall issue a professional clear instruction credential to any applicant who fulfills the requirements for the professional clear Level II Education Specialist Instruction Credential, as established by the commission. SEC. 8. Section 44274.4 of the Education Code is repealed. SEC. 9. Section 44275.3 of the Education Code is amended to read: 44275.3. Notwithstanding any other provision of law: (a) It is the intent of the Legislature that both of the following occur: (1) That this section provide flexibility to enable school districts to recruit credentialed out-of-state elementary, secondary, and special education teachers to relocate to California. (2) That any and all teachers hired in California pursuant to this section fully meet the requirements of the State of California, or requirements deemed to be equivalent. (b) Notwithstanding any other provision of this chapter, the commission shall issue a five-year preliminary multiple subject or single subject teaching credential or a five-year preliminary education specialist credential to any out-of-state prepared teacher who meets all of the following requirements: (1) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (2) Completed a teacher preparation program at a regionally accredited institution of higher education. (3) Successfully completes any criminal background check conducted pursuant to Sections 44339, 44340, and 44341 for credentialing purposes. (4) Earned or qualified for a corresponding elementary, secondary, or special education teaching credential based upon the out-of-state teacher preparation program. The area of concentration of the special education credential program completed out of state shall correspond with the areas of concentration for the California credential awarded. (c) An out-of-state prepared teacher who has been issued a California five-year preliminary multiple subject, single subject, or education specialist teaching credential shall pass the state basic skills proficiency test, administered by the commission pursuant to Section 44252, within one year of the issuance date of the credential in order to be eligible to continue teaching pursuant to this section. (d) The commission shall issue a professional clear credential to an out-of-state prepared teacher who has met the requirements in subdivision (b) and who meets the following requirements: (1) Passage of the state basic skills proficiency test administered by the commission pursuant to Section 44252. (2) Demonstration of subject matter competence by completion of coursework or an examination approved by the commission pursuant to paragraph (5) of subdivision (b) of Section 44259. Completion of subject matter in another state that has been determined by the commission to be comparable or equivalent pursuant to paragraph (1) of subdivision (a) of Section 44274.1 shall meet this requirement. (3) Completion of a course, or for multiple subject credentials, a course or an examination, on the various methods of teaching reading pursuant to paragraph (4) of subdivision (b) of Section 44259. Completion of coursework in another state determined by the commission to be comparable and equivalent pursuant to paragraph (2) of subdivision (a) of Section 44274.1 shall meet this requirement. (4) Completion of a course or examination on the provisions and principles of the United States Constitution pursuant to paragraph (6) of subdivision (b) of Section 44259. Completion of coursework in another state determined by the commission to be comparable and equivalent shall meet this requirement. (5) Completion of the study of health education pursuant to subparagraph (A) of paragraph (3) of subdivision (c) of Section 44259. Completion of coursework in another state determined by the commission to be comparable and equivalent shall meet this requirement. (6) Completion of study and field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs. Completion of coursework in another state determined by the commission to be comparable and equivalent shall meet this requirement. (7) Completion of the study of computer based technology through demonstration by course or examination of basic competence in the use of computers in the classroom, and study of advanced computer based technology, including the uses of technology in educational settings pursuant to subparagraph (C) of paragraph (3) of subdivision (c) of Section 44259. Completion of coursework in another state determined by the commission to be comparable and equivalent shall meet this requirement. (8) Completion of a fifth-year program at a regionally accredited institution of higher education, except that the commission shall eliminate this requirement for any candidate who has completed an induction program for beginning teachers. (9) A teacher holding a specialist credential pursuant to this section shall complete the requirements for nonspecial education pedagogy and a supervised field experience program in general education pursuant to Section 44265. (10) A teacher holding a specialist credential pursuant to this section shall complete a program for the Professional Level II credential accredited by the Committee on Accreditation, established pursuant to Section 44373, and the requirements specified in this subdivision. SEC. 10. Section 44275.4 is added to the Education Code, to read: 44275.4. Notwithstanding any other provision of law: (a) It is the intent of the Legislature that both of the following occur: (1) That this section provide flexibility to enable school districts to recruit credentialed elementary, secondary, and special education teachers prepared in countries other than the United States to relocate temporarily or permanently to this state. (2) That any and all teachers prepared in countries other than the United States who are granted a California teaching credential pursuant to this section fully meet the requirements of this state. (b) Coursework, programs, or degrees completed at an institution of higher education outside of the United States are acceptable toward certification when the Commission on Teacher Credentialing or an evaluating agency approved by the commission has determined that the institution's coursework, programs, or degrees are equivalent to those offered by a regionally accredited institution in the United States. The commission reserves the right to accept or reject an approved evaluating agency's determination. Notwithstanding any other provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential, a five-year preliminary single subject teaching credential, or a five-year preliminary education specialist credential to a teacher prepared in a country other than the United States who meets all of the following requirements: (1) The teacher holds or is eligible for a credential from another country that required a baccalaureate or higher degree determined to be equivalent to those offered by a regionally accredited institution in the United States and completion of a professional preparation program approved by the appropriate agency in the country where the program was completed that requires the teacher to meet requirements equivalent to the multiple or single subject teaching credential requirements in Section 44259 or the special education credential requirements described in Section 44265. The area of concentration of the special education credential program completed in a country other than the United States shall correspond with the areas of concentration for the California credential awarded. (2) The teacher successfully completes a criminal background check conducted pursuant to Sections 44339, 44340, and 44341 for credentialing purposes. (c) A teacher prepared in a country other than the United States who has been issued by the commission a five-year preliminary multiple subject, single subject, or education specialist teaching credential shall pass the state basic skills proficiency test, administered by the commission pursuant to Section 44252, within one year of the issuance date of the credential in order to be eligible to continue teaching pursuant to this section. (d) The commission shall issue a professional clear credential to a teacher prepared in a country other than the United States who has met the requirements in subdivisions (b) and (c) and who meets the following requirements: (1) Demonstration of subject matter competence by completion of coursework or an examination approved by the commission pursuant to paragraph (5) of subdivision (b) of Section 44259. (2) Completion of a course, or for multiple subject credentials, a course or an examination, on the various methods of teaching reading pursuant to paragraph (4) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (3) Completion of a course or examination on the provisions and principles of the United States Constitution pursuant to paragraph (6) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (4) Completion of the study of health education pursuant to subparagraph (A) of paragraph (3) of subdivision (c) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (5) Completion of study and field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (6) Completion of the study of computer-based technology through demonstration by course or examination of basic competence in the use of computers in the classroom, and study of advanced computer-based technology including the uses of technology in educational settings pursuant to paragraph (3) of subdivision (c) of Section 44259. Completion of coursework in another state or country determined by the commission as comparable and equivalent shall meet this requirement. (7) Completion of a fifth-year program at an institution of higher education determined by the commission to offer equivalent programs and degrees to those offered in the United States, except that the commission shall eliminate this requirement for any candidate who has completed an induction program for beginning teachers. (8) A teacher holding a specialist credential pursuant to this section shall complete the requirements for nonspecial education pedagogy and a supervised field experience program in general education pursuant to Section 44265. (9) A teacher holding a specialist credential pursuant to this section shall complete a program for the Professional Level II credential accredited by the Committee on Accreditation, established pursuant to Section 44373 and the requirements specified in this subdivision and subdivision (e). SEC. 11. The sum of five hundred thousand dollars ($500,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing for the purpose of contracting for the periodic reviews required pursuant to subdivision (a) of Section 44274. It is the intent of the Legislature that funding be provided in the annual Budget Act to update each of the periodic reviews required pursuant to subdivision (a) of Section 44274 on a three-year cycle, commencing in 2004. SEC. 12. Section 1.5 of this bill incorporates amendments to Section 44227 of the Education Code proposed by both this bill and AB 2339. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2001, (2) each bill amends Section 44227 of the Education Code, and (3) this bill is enacted after AB 2339, in which case Section 1 of this bill shall not become operative. SEC. 13. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to help address the critical shortage of qualified teachers in California, it is necessary to qualify out-of-state teachers to teach in this state, and it is therefore necessary that this act take effect immediately.