BILL NUMBER: SB 842 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY JUNE 15, 2005
AMENDED IN SENATE APRIL 26, 2005
AMENDED IN SENATE APRIL 12, 2005
INTRODUCED BY Senator Torlakson
FEBRUARY 22, 2005
An act to amend Sections 44395, 44830, 69612, 69613, 70000, 70001,
70002, 70003, 70004, and 70005 of, to add Article 5.5 (commencing
with Section 90545) to Chapter 11 of Part 55 of, and to add and
repeal Article 5 (commencing with Section 90540) of Chapter 11 of
Part 55 of, the Education Code, relating to teacher development, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 842, Torlakson Teacher development: recruitment, training, and
retention.
(1) Existing law establishes the National Board for Professional
Teaching Standards Certification Incentive Program to award grants to
teachers who, among other things, have attained certification from
the National Board for Professional Teaching Standards. Under the
program, a teacher attaining a national board certification is
eligible for an award of up to $20,000 if he or she agrees to teach
at a high-priority school for at least 4 years.
This bill, to the extent that funds are appropriated for this
purpose in the annual Budget Act, and in order to defray the expense
of attaining certification from the National Board for Professional
Teaching Standards, would authorize the State Department of Education
to provide state funds to school districts for the purpose of paying
the fees of teachers who seek that certification, are employed by
school districts or charter schools, and are assigned to teach in
California public schools.
(2) Existing law requires the Commission on Teacher Credentialing
to establish standards and procedures for the initial issuance and
renewal of credentials, and prohibits the commission from initially
issuing a credential, permit, certificate, or renewal of an emergency
credential to a person unless that person passes the state basic
skills proficiency test administered by the commission. Existing law
exempts a certificated person from taking the state basic skills
proficiency test if he or she was employed in a position requiring
certification in any school district within 39 months prior to
employment with the district, or if he or she is a retired
certificated employee who meets specified requirements.
This bill would delete those provisions, and instead provide that
a certificated person is not required to take the state basic skills
proficiency test if he or she has taken and passed it at least once
or possessed a credential prior to the enactment of the statute that
made the test a requirement.
(3) Existing law establishes the Governor's Teaching Fellowships
Program, which is administered by the Chancellor of the California
State University, in collaboration with the University of California,
the California Community Colleges, the Association of Independent
California Colleges and Universities, the State Department of
Education, and the Commission on Teacher Credentialing. Existing law
specifies the number and amount of nonrenewable graduate teaching
fellowships that are to be awarded in January 2001, in September
2001, and during the 2001-02 fiscal year. Existing law requires,
commencing with the 2002-03 fiscal year and each fiscal year
thereafter, the number of fellowships awarded to be determined
pursuant to an appropriation in the annual Budget Act. Existing law
imposes on the chancellor's office specified duties relating to the
operation of the fellowship program.
Existing law establishes an intersegmental review committee to
review all fellowship applications. Existing law also requires a
fellowship recipient to agree to teach in a high-priority school for
4 consecutive years, within 4 years of the completion of his or her
preparation program, and to repay the state $5,000 annually, up to
$20,000, for each year he or she fails to complete the teacher
preparation program or the required teaching service. Existing law
requires the Trustees of the California State University to provide
an annual report on the program.
This bill would require, commencing with the 2007-08 fiscal year
and for each fiscal year thereafter, that the number of fellowships
awarded under this program be determined pursuant to an appropriation
in the annual Budget Act for this purpose, as specified.
The bill would require the intersegmental review committee to
advise the chancellor on the needs of fellowship recipients who are
students in segments other than the California State University, and
would reduce the number of the members on the committee from 12 to 9,
as specified. The bill would require a fellowship recipient to agree
to teach in a high-priority school for 3 consecutive years within 4
years of the completion of his or her preparation program, and would
require a recipient of funds under the program on or after January 1,
2007, to forfeit any future payments if he or she fails to complete
any portion of his or her obligation to teach in a high-priority
school for 3 years.
The bill would require the chancellor to provide the annual report
on the fellowship program, as specified, and the bill would specify
that the report would be submitted to the Legislature. The bill would
provide that the provisions authorizing the chancellor's office to
adopt any rules and regulations it deems necessary for the recovery
of funds applies only to the recipients of funds under the program
prior to January 1, 2007. The bill would limit the requirement that
the rules and regulations include a provision that authorizes a
specified civil penalty on a fellowship award recipient for failing
to fulfill his or her obligation to teach in a high-priority school,
as specified, to the recipients of funds under the program prior to
January 1, 2007.
(4) Existing law establishes the California Center on Teaching
Careers for the purposes of recruiting qualified and capable
individuals into the teaching profession. Existing law requires the
California Center on Teaching Careers to perform specified duties,
including, among others, creating or expanding a referral database
for qualified teachers seeking employment in the public schools.
This bill would establish the California Teacher Cadet Program, to
be operated by the California Center on Teaching Careers in
conjunction with the Superintendent of Public Instruction and the
Chancellor of the California State University. The bill would require
the California State University to convene an advisory committee to
accomplish both of the following: to develop a common core curriculum
designed to expose pupils to teaching careers and the education
system through the development of a hands-on curriculum that includes
specified elements; and to develop criteria and standards that would
be used to create a request-for-proposal for the competitive grant
program established under the bill and described in paragraph (5)
below. The bill would specify the responsibilities of the advisory
committee, and would require the chancellor to appoint the membership
of the advisory committee in accordance with prescribed criteria.
The bill would require the chancellor to submit to the Legislature
and the Governor, on or before May 1, 2007, a report that includes
the findings and recommendations of the advisory committee with
respect to the competitive grant program.
The bill would require a school district that participates in the
California Teacher Cadet Program to receive, from funds appropriated
for that purpose, a one-time grant of up to $1,500 for the startup of
the program at its schoolsite, as specified. The bill, subject to
the availability of funding, would require the California State
University to contract for an evaluation of this program and report
to the Legislature, as specified, no later than January 1, 2010.
This bill would repeal the California Teacher Cadet Program on
January 1, 2015.
(5) Existing law establishes the California State University under
the administration of the Trustees of the California State
University. Under existing law, the Chancellor of the California
State University serves as the chief executive officer of the
university.
This bill would express the intent of the Legislature to create a
competitive grant program for institutions of higher education to
collaborate with schools and local educational agencies in order to
create and implement professional development schools for teacher
education. The bill would express the intent of the Legislature to
include an appropriation of $3,000,000 in the Budget Act of 2007 for
the purposes of the competitive grant program.
(6) The bill would make an appropriation of $475,000 from the
General Fund for the 2006-07 fiscal year for purposes relating to the
California Teacher Cadet Program, and would provide that, for
purposes of making computations required by Section 8 of Article XVI
of the California Constitution, $300,000 of that amount, as
scheduled, would be deemed to be "General Fund revenues appropriated
to school districts," as defined in existing law, for the 2006-07
fiscal year, and would be included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in existing law, for the 2006-07 fiscal year.
(7) The bill would make related legislative findings and
declarations, and declare the intent of the Legislature, as
specified. The bill would also make conforming changes in related
provisions of existing law.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Today, more than 20,000 teachers in California are still
underprepared and each day more than 400,000 pupils are being
shortchanged by the serious lack of investment in recruiting,
training, and retaining qualified teachers.
(b) The shortage of qualified classroom teachers is growing
throughout California, with recent teacher retirement and attrition
projections indicating that California will need to recruit, train,
and retain nearly 100,000 new teachers over the next 10 years.
(c) The problem is particularly acute in low-performing,
high-priority schools where a significant number of pupils fail to
meet rigorous state and federal academic performance standards.
(d) The rising costs of higher education, coupled with the shift
in available financial aid from scholarships and grants to loans, has
placed an increasing burden of long-term debt upon pupils. As a
result, loan repayment options have become an increasingly important
consideration in a pupil's decision to pursue a postsecondary
education, especially for those pupils who are considering a career
in teaching, which is not as lucrative as many private sector
professions.
(e) The availability of financial aid and loan repayment
assistance are particularly important to economically disadvantaged
pupils when making their educational and career decisions.
(f) Recent research shows that teachers are more likely to be
attracted to, and be more successful in schools that resemble the
communities from which they came. The acute need for quality teachers
in high-priority schools and districts is partly due to a lack of
pupils from these communities entering the teaching profession.
(g) Quality teacher preparation programs, intensive professional
development, proper support, and critical assessment during the
beginning years of a teacher's career, are crucial to teacher quality
and retention.
SEC. 2. Section 44395 of the Education Code is amended to read:
44395. (a) The National Board for Professional Teaching Standards
Certification Incentive Program is hereby established to award
grants to school districts for the purpose of providing awards to
teachers who are employed by school districts or charter schools, are
assigned to teach in California public schools, and have attained
certification from the National Board for Professional Teaching
Standards. Awards shall be granted to the extent that funds have been
appropriated for this purpose in the annual Budget Act.
(1) Any teacher who has attained certification from the National
Board for Professional Teaching Standards is eligible to receive an
award of up to twenty thousand dollars ($20,000) if he or she agrees
to teach at a high-priority school for at least four years. Teaching
service before July 1, 2000, may not be counted towards satisfaction
of this four-year commitment.
(2) Awards granted pursuant to this subdivision shall be disbursed
in annual payments of five thousand dollars ($5,000) over a
four-year period. The annual payment shall be made upon completion of
the school year, and upon approval of a district-certified
application pursuant to the guidelines of subdivision (c) of Section
44396.
(b) The State Department of Education may provide fee assistance
from funds appropriated in the annual Budget Act for the National
Board for Professional Teaching Standards Certification Incentive
Program to defray the fees of teachers who seek certification from
the National Board for Professional Teaching Standards. The State
Department of Education may provide fee assistance of up to one
thousand dollars ($1,000) for each participating teacher, with total
fee assistance under this subdivision not to exceed two million
dollars ($2,000,000).
(c) The department shall administer the awards authorized by
subdivisions (a) and (b), and shall develop, in consultation with the
commission, certification and award information, criteria,
procedures, and applications, all of which shall be submitted to the
state board for approval. Amendments requested by the state board to
that information, criteria, procedures, and applications shall be
made before the dissemination of the material and the granting of any
award under this article.
(d) The department shall distribute the materials described in
subdivision (c) to school districts. Each school district is strongly
encouraged to ensure that teachers employed by the district or by
charter schools affiliated with the district are informed about the
program and can acquire the necessary application and information
materials.
(e) School districts are encouraged to provide for adequate
release time and support for a teacher to complete the certification
process. As a condition to providing that release time and support, a
school district may require that a teacher serve in a mentor teacher
capacity.
(f) For purposes of this article, the following definitions apply:
(1) "School district" means a school district, a county board of
education, county superintendent of schools, a state operated
program, including a special school, or an education program
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, that is offered by a state agency, including the Division
of Juvenile Justice of the Department of Corrections and
Rehabilitation and the State Department of Developmental Services.
(2) "High-priority school" means a school ranked in deciles 1 to
5, inclusive, of the Academic Performance Index rankings established
pursuant to subdivision (a) of Section 52056. This designation shall
be determined as of the date of the agreement by the teacher
described in paragraph (1) of subdivision (a).
SEC. 3. Section 44830 of the Education Code is amended to read:
44830. (a) The governing board of a school district shall employ
in positions requiring certification qualifications, only persons who
possess the qualifications therefor prescribed by law. It is
contrary to the public policy of this state for any person or persons
charged, by the governing boards, with the responsibility of
recommending persons for employment by the boards to refuse or to
fail to do so for reasons of race, color, religious creed, sex, or
national origin of the applicants for that employment.
(b) A school district governing board shall not initially hire on
a permanent, temporary, or substitute basis a certificated person
seeking employment in the capacity designated in his or her
credential, unless that person has demonstrated basic skills
proficiency as provided in Section 44252.5 or is exempted from the
requirement by subdivision (c), (d), (e), (f), (g), (h), (i), (j),
(k), (l), or (m).
(1) The governing board of a school district, with the
authorization of the commission, may administer the state basic
skills proficiency test required under Sections 44252 and 44252.5.
(2) (A) The Superintendent, in conjunction with the commission and
local governing boards, shall take steps necessary to ensure the
effective implementation of this subdivision.
(B) It is the intent of the Legislature that in effectively
implementing this subdivision, school district governing boards shall
direct superintendents of schools to prepare for emergencies by
developing a pool of qualified emergency substitute teachers. This
preparation shall include public notice of the test requirements and
of the dates and locations of administrations of the tests. District
governing boards shall make special efforts to encourage individuals
who are known to be qualified in other respects as substitutes to
take the state basic skills proficiency test at its earliest
administration.
(3) Demonstration of proficiency in reading, writing, and
mathematics by any person pursuant to Section 44252 satisfies the
requirements of this subdivision.
(c) A certificated person is not required to take the state basic
skills proficiency test if he or she has taken and passed it at least
once or he or she possessed a credential prior to the enactment of
the statute that made the test a requirement.
(d) This section does not require a person employed solely for
purposes of teaching adults in an apprenticeship program, approved by
the Division of Apprenticeship Standards of the Department of
Industrial Relations, to pass the state proficiency assessment
instrument as a condition of employment.
(e) This section does not require the holder of a child care
permit or a permit authorizing service in a development center for
the handicapped to take the state basic skills proficiency test, so
long as the holder of the permit is not required to have a
baccalaureate degree.
(f) This section does not require the holder of a credential
issued by the commission who seeks an additional credential or
authorization to teach, to take the state basic skills proficiency
test.
(g) This section does not require the holder of a credential to
provide service in the health profession to take the state basic
skills proficiency test, if that person does not teach in the public
schools.
(h) If the state basic skills proficiency test is not administered
at the time of hiring, the holder of a vocational designated subject
credential who has not already taken and passed the state basic
skills proficiency test may be hired on the condition that he or she
will take the test at its next local administration.
(i) If the holder of a vocational designated subject credential
does not pass a proficiency assessment in basic skills pursuant to
this section, he or she shall be given one year in which to retake
and pass the proficiency assessment in basic skills. If at the
expiration of the one-year period he or she has not passed the
proficiency assessment in basic skills, he or she shall be subject to
dismissal under procedures established in Article 3 (commencing with
Section 44930).
(j) This section does not require the holder of a vocational
designated subject credential to pass the state basic skills
proficiency test as a condition of employment. The governing board of
each school district, or each governing board of a consortium of
school districts, or each governing board involved in a joint powers
agreement, that employs the holder of a vocational designated subject
credential shall establish its own basic skills proficiency for
these credentials and shall arrange for those individuals to be
assessed. The basic skills proficiency criteria established by the
governing board shall be at least equivalent to the test required by
the district, or in the case of a consortium or a joint powers
agreement, by any of the participating districts, for graduation from
high school. The governing board or boards may charge a fee to
individuals being tested to cover the costs of the test, including
the costs of developing, administering, and grading the test.
(k) This section does not require the holder of an adult education
designated subject credential for other than academic subjects, who
is employed in an instructional setting for 20 hours or less per
week, to pass the state proficiency assessment as a condition of
employment.
(l) This section does not require certificated personnel employed
under a foreign exchange program to take the state basic skills
proficiency test. The maximum period of exemption under this
subdivision shall be one year.
(m) Notwithstanding any other provision of law, a school district
may hire a certificated teacher who has not taken the state basic
skills proficiency test if that person has not yet been afforded the
opportunity to take the test. The person shall take the test at the
earliest opportunity and may remain employed by the district pending
the receipt of his or her test results.
SEC. 4. Section 69612 of the Education Code is amended to read:
69612. (a) The Legislature finds and declares all of the
following:
(1) There is a growing shortage of high-quality classroom
teachers, and there is a need for qualified teachers throughout
California.
(2) A quality teacher is one of the most important elements in the
success of a pupil.
(3) The teacher shortage is most serious in particular subject
areas, partly due to the shortage of students in these fields who
enter the teaching profession.
(4) Many school districts have difficulty recruiting and retaining
high-quality teachers for high-priority schools, for pupils with
special needs, for schools serving rural areas or large populations
of pupils from low-income and linguistic minority families, and for
schools with a high percentage of teachers holding emergency permits.
(5) The rising costs of higher education, coupled with a shift in
available financial aid from scholarships and grants to loans, make
loan repayment options an important consideration in a student's
decision to pursue a postsecondary education.
(6) The availability of financial aid and loan repayment
assistance are important considerations for many students, especially
economically disadvantaged students, in making their educational
decisions.
(b) It is, therefore, the intent of the Legislature that all of
the following occur:
(1) The Assumption Program of Loans for Education be designed to
encourage persons to enter into the teaching profession in designated
subject matter shortage areas and in schools serving large
populations of pupils from low-income families, schools serving rural
areas, schools with a high percentage of teachers holding emergency
permits, or schools with any or all of these characteristics.
(2) That the enactment of this article accomplish all of the
following:
(A) Providing outstanding postsecondary students, particularly
economically disadvantaged students, with the assurance of financial
assistance to encourage them to complete postsecondary education
programs leading to teaching credentials, and to seek employment as
teachers.
(B) Identifying subject matter areas or schools in which there are
shortages of fully credentialed teachers and provide incentives for
persons to obtain teaching credentials and seek teaching positions in
those areas.
(C) Identifying schools serving rural areas, schools serving large
populations of students from low-income families, or both, and
schools with a high percentage of teachers holding emergency permits,
and provide incentives for persons to obtain teaching credentials
and seek teaching positions in those schools.
(D) Identifying high-priority schools and provide incentives for
persons to obtain teaching credentials and seek teaching positions in
those schools. For the purposes of this article, "high-priority
school" means a school ranked in deciles 1 to 3, inclusive, of the
Academic Performance Index rankings established pursuant to
subdivision (a) of Section 52056 at the time that a teacher is hired.
(3) Commencing with the 2000-01 school year, all persons eligible
to enter into agreements for loan assumption pursuant to this article
shall be persons who need to complete training or coursework in
order to be fully credentialed, and who agree to obtain a credential
and teach in a designated subject matter shortage area or in a school
that, at the time that the teacher is hired, meets any of the
following criteria:
(A) Serves a large population of pupils from low-income families.
(B) Has a high percentage of teachers holding emergency permits.
For purposes of this article, a school with a "high percentage of
teachers holding emergency permits" is a school in which 20 percent
or more of the teachers hold emergency permits, teach pursuant to
waivers of credential requirements, or are interns.
(C) Is a high-priority school.
(4) Funding necessary for the administration of this article shall
be included within the annual budget of the commission in an amount
necessary to meet the student loan obligations incurred by the
commission.
SEC. 5. Section 69613 of the Education Code is amended to read:
69613. (a) (1) Any person enrolled in an eligible institution may
be eligible to enter into an agreement for loan assumption, to be
redeemed pursuant to Section 69613.2 upon becoming employed as a
teacher. In order to be eligible to enter into an agreement for loan
assumption, an applicant shall satisfy all of the conditions
specified in subdivision (b).
(2) As used in this article, "eligible institution" means a
postsecondary institution that is determined by the Student Aid
Commission to meet both of the following requirements:
(A) The institution is eligible to participate in state and
federal financial aid programs.
(B) The institution maintains a program of professional
preparation that has been approved by the Commission on Teacher
Credentialing.
(b) (1) The applicant has completed at least 60 semester units, or
the equivalent, and is enrolled in an academic program leading to a
baccalaureate degree at an eligible institution or has been admitted
to a program of professional preparation that has been approved by
the Commission on Teacher Credentialing.
(2) The applicant is currently enrolled, or has been admitted to a
program in which he or she will be enrolled on at least a half-time
basis, as determined by the participating institution. The applicant
shall agree to maintain satisfactory academic progress and a minimum
of half-time enrollment, as defined by the participating eligible
institution.
(3) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any loan program approved by the Student Aid Commission.
(5) The applicant has agreed to teach full time for at least four
consecutive academic years after obtaining a teaching credential in a
public elementary or secondary school in this state, in a subject
area that is designated as a current or projected shortage area by
the Superintendent of Public Instruction, or at a school that, at the
time that the teacher is hired, meets any of the following criteria:
(A) It serves a large population of pupils from low-income
families, as designated by the Superintendent of Public Instruction.
(B) It has 20 percent or more teachers holding emergency permits.
For purposes of this paragraph, "teachers holding emergency permits"
includes persons who teach pursuant to waivers of credential
requirements or who are interns.
(C) It is a high-priority school.
(c) No applicant who has completed fewer than 60 units, or the
equivalent, shall be eligible under this section to participate in
the loan assumption program set forth in this article.
(d) The agreements entered into each year pursuant to subdivision
(b) at each eligible institution or participating school district or
county office of education shall be with applicants who meet the
criteria specified in paragraph (3) of subdivision (b) of Section
69612 or agree to teach in any of the subject areas listed pursuant
to that section. An agreement shall remain valid even if the subject
area under which an applicant becomes eligible to enter into an
agreement ceases to be a designated shortage field by the time the
applicant becomes a teacher.
(e) For purposes of calculating eligible years of teaching for the
redemption of an award, the designation by the Superintendent of
Public Instruction of a newly-opened school pursuant to Section 52056
shall apply retroactively from the time of opening the school.
(f) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
SEC. 6. Section 70000 of the Education Code is amended to read:
70000. (a) (1) The Governor's Teaching Fellowships Program is
hereby established to be administered by the Chancellor of the
California State University with the advice of the intersegmental
review committee established pursuant to Section 70002. The
chancellor shall collaborate with the University of California, the
California Community Colleges, the Association of Independent
California Colleges and Universities, the State Department of
Education, and the Commission on Teacher Credentialing to ensure that
access to the fellowships is available to students in a variety of
teaching preparation programs.
(2) The Legislature finds and declares that, as of January 1,
2007, the program established by this article shall be restructured
by the act that adds this paragraph, but, pursuant to Section 70005,
the Chancellor of the California State University shall retain the
authority to enforce the conditions of awards made prior to January
1, 2007.
(b) Commencing with the 2007-08 fiscal year and for each fiscal
year thereafter, the number of fellowships awarded under this program
shall be determined pursuant to an appropriation in the annual
Budget Act for this purpose. These fellowships shall be awarded as
follows:
(1) Eight thousand dollars ($8,000) shall be disbursed, pursuant
to regulations established by the Chancellor of the California State
University, to candidates who are enrolled in, and scheduled to
complete, a teacher certification program at an accredited
postsecondary educational institution in California.
(2) Three thousand dollars ($3,000) shall be disbursed in the
first school year that the qualified teacher teaches in a
high-priority school pursuant to subdivision (a) of Section 70003.
Four thousand dollars ($4,000) shall be disbursed to the qualified
teacher in the second school year, and five thousand dollars ($5,000)
shall be disbursed in the third school year.
(3) Each annual stipend shall be disbursed pursuant to regulations
established by the Chancellor of the California State University.
SEC. 7. Section 70001 of the Education Code is amended to read:
70001. (a) The Chancellor of the California State University
shall have the following duties:
(1) Developing an application process that establishes a
merit-based fellowship program for graduate students who agree to
teach at a high-priority school for three years.
(2) Establishing a broad and effective outreach effort to promote
the availability and the merits of the fellowship program.
(3) Conducting the selection process for fellowship applicants.
(4) Developing and implementing a system for disbursing annual
stipends and monitoring program participants through the completion
of their three-year teaching obligation.
(5) Determining the criteria for selecting teaching fellowship
candidates. The criteria shall include, at a minimum, all of the
following:
(A) Previous academic and employment record.
(B) A demonstrated commitment to serve in a high-priority school.
(C) Evaluations from faculty, employers, or both.
(D) Interviews.
(E) Letters of recommendation.
(b) For purposes of this article, a "high-priority school" is a
school ranked in deciles 1 to 3, inclusive, of the Academic
Performance Index (API) rankings established pursuant to subdivision
(a) of Section 52056. If a school meets this criteria at the time a
teacher is hired, continued employment of the teacher at that school
fulfills the commitment made by the teacher, even if the school
improves its rank on the (API).
SEC. 8. Section 70002 of the Education Code is amended to read:
70002. An intersegmental review committee is hereby established
to review all applications for the Governor's Teaching Fellowships,
and to advise the Chancellor of the California State University on
the needs of fellowship recipients who are students in segments other
than the California State University. The committee shall recommend
teaching fellowship candidates to the Chancellor of the California
State University. The committee shall consist of nine members,
appointed by the Governor to a term of four years, based on
recommendations as follows:
(a) The Chancellor of the California State University shall
recommend three members. One shall be a faculty member. One shall be
an administrator from either higher education or schools maintaining
kindergarten or any of grades 1 to 12, inclusive. One shall be a
teacher from a school maintaining kindergarten or any of grades 1 to
12, inclusive.
(b) The President of the University of California shall recommend
three members. One shall be a faculty member. One shall be an
administrator from either higher education or schools maintaining
kindergarten or any of grades 1 to 12, inclusive. One shall be an
elementary or secondary teacher.
(c) The President of the Association of Independent California
Colleges and Universities shall recommend three members. One shall be
a faculty member. One shall be an administrator from either higher
education or schools maintaining kindergarten or any of grades 1 to
12, inclusive. One shall be an elementary or secondary teacher.
SEC. 9. Section 70003 of the Education Code is amended to read:
70003. (a) A fellowship recipient shall agree to teach in a
high-priority school for three consecutive years and shall have four
years, upon completion of his or her preparation program, to meet
that obligation. Notwithstanding Section 70005, the recipient of a
fellowship under this article on or after January 1, 2007, shall not
be assessed a civil penalty or required to repay funds awarded under
this article to the state, but shall forfeit future payments if he or
she fails to complete any portion of his or her obligation to teach
in a high-priority school for three consecutive years.
(b) Nonperformance of the commitment to teach in a high-priority
school for three consecutive years shall be certified by the
California State University.
(c) Any exceptions to the requirement for repayment shall be
defined by the chancellor's office.
SEC. 10. Section 70004 of the Education Code is amended to read:
70004. The Chancellor of the California State University shall
submit an annual report to the Legislature on the number of fellows
receiving funding, the number of fellows completing credential
programs and their three-year teaching obligations, the place of
employment for each candidate, and anonymous evaluation by school
principals of the effectiveness and impact of fellows under their
supervision on pupils.
SEC. 11. Section 70005 of the Education Code is amended
to read:
70005. (a) The Chancellor of the California State University
shall adopt any rules and regulations he or she deems necessary for
the recovery of funds he or she determines are owed to the state by a
person who received funds under this program prior to January 1,
2007. The rules and regulations adopted by the chancellor pursuant to
this section shall also include a provision authorizing the
chancellor to seek a civil penalty against a person who received
funds under this program prior to January 1, 2007, in an amount not
to exceed five thousand dollars ($5,000) per year for each year that
the recipient of funds is determined by the Commission on Teacher
Credentialing to have failed to fulfill his or her obligation to
teach in a high-priority school.
(b) Any moneys derived from the assessment of penalties pursuant
to this section shall be deposited into the General Fund.
SEC. 12. Article 5 (commencing with Section 90540) is added to
Chapter 11 of Part 55 of the Education Code, to read:
Article 5. California Teacher Cadet Program
90540. The California Teacher Cadet Program is hereby
established, and shall be operated by the California Center on
Teaching Careers in conjunction with the Superintendent of Public
Instruction and the Chancellor of the California State University.
The program is established for the purpose of introducing public
secondary school pupils to the teaching profession. The main purpose
of the program is to encourage high school pupils who possess a high
level of academic achievement and the personality traits found in
good teachers to consider a career in teaching.
90541. (a) The Chancellor of the California State University
shall convene an advisory committee, consisting of appropriately
qualified high school and college faculty and administrators, as
selected by the chancellor pursuant to subdivision (b) to accomplish
both of the following:
(1) To develop a common core curriculum designed to expose pupils
to teaching careers and the education system through the development
of a hands-on curriculum that includes all of the following elements:
(A) Classroom discussions led by the supervising teacher at the
high school.
(B) Hands-on activities designed to excite pupils about teaching.
(C) Observation and participation in public school classrooms.
(D) Interaction with successful administrators and teachers.
(E) Opportunities for high school pupils to participate in
classrooms by tutoring, interning, and observing classroom teaching.
(2) To develop criteria and standards that will be used to create
a request-for-proposal for the competitive grant program that would
be established under Article 5.5 (commencing with Section 90545) by
accomplishing all of the following:
(A) Determining the appropriate number of partnership schools for
participation in the program with a university campus of a particular
size.
(B) Defining the shared program responsibilities of the
partnership school and the university campus.
(C) Estimating the amount of startup funding that is necessary for
the implementation of the program.
(D) Determining the length of the commitment to be made by an
institution participating in the program.
(E) Defining other components and standards of the program as the
advisory committee deems appropriate.
(b) The chancellor shall select the membership of the advisory
committee established under this section. The membership of the
advisory committee shall include, but not necessarily be limited to,
representatives of both of the following:
(1) Administrators and faculty from public elementary or secondary
schools, chosen from lists, provided by the State Department of
Education, of faculty and administrators with experience in working
at partnership schools.
(2) Teacher training faculty or administrators from each of the
following: the University of California, the California State
University, and at least one college or university that is a member
of the Association of Independent California Colleges and
Universities. Each person selected under this paragraph shall have
experience with partnerships between elementary or secondary schools
and institutions of higher education.
(c) On or before May 1, 2007, the chancellor shall submit to the
Legislature and the Governor a report that includes the findings and
recommendations of the advisory committee with respect to the
competitive grant program established under Article 5.5 (commencing
with Section 90545).
90542. A school district that participates in the California
Teacher Cadet Program shall receive, from funds appropriated for that
purpose, a one-time grant of up to one thousand five hundred dollars
($1,500) for the startup of the program at its schoolsite that will
fund the purchase of materials and the development of tutoring,
internship, and observation options for the high school pupils
enrolled in the California Teacher Cadet Program.
90543. Subject to the availability of funding, the California
State University shall contract for an evaluation of this program,
and shall report to the Legislature no later than January 1, 2010.
The evaluation should include interviews with program participants,
high school teachers and counselors, and supervising teachers who
interact with cadets regarding their views on the value of the
program and whether participation in the California Teacher Cadet
Program has been instrumental in encouraging the selection of
teaching as a career. The program shall make available an aggregate
report of this information after each year. This report shall
include, but not necessarily be limited to, a description of any
actions taken as a result of this feedback to continually strengthen
and improve the program's effectiveness.
90544. This article shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends that date.
SEC. 13. Article 5.5 (commencing with Section 90545) is added to
Chapter 11 of Part 55 of the Education Code, to read:
Article 5.5. Competitive Grant Program for Partnership Schools
and Institutions of Higher Education
90545. (a) It is the intent of the Legislature to create a
competitive grant program for institutions of higher education to
collaborate with schools and local educational agencies in order to
create and implement professional development schools for teacher
education. The criteria for grant program awards shall include all of
the following:
(1) Preference for projects that incorporate, into their plans,
schools that include any or all of kindergarten and grades 1 to 12,
inclusive, and that are ranked in deciles 1 to 3, inclusive, of the
Academic Performance Index.
(2) Novice teachers shall be offered extensive hands-on experience
in the classroom alongside experienced teachers, exposure to
demonstration teachers, and consistent ongoing contact with informal
mentors.
(3) Preference for projects that share the responsibility for new
teacher education by highlighting the collaboration between the
faculty of institutions of higher education and the personnel of any
school that includes any or all of kindergarten and grades 1 to 12,
inclusive.
(b) It is the intent of the Legislature to include an
appropriation of three million dollars ($3,000,000) in the Budget Act
of 2007 for the purposes of the competitive grant program that would
be established under this article.
SEC. 14. (a) The sum of four hundred seventy-five thousand dollars
($475,000) is hereby appropriated from the General Fund for the
2006-07 fiscal year to be allocated as follows:
(1) Twenty-five thousand dollars ($25,000) to the State Department
of Education for administrative costs associated with the allocation
of startup grants to school districts for the California Teacher
Cadet Program specified in Section 90540.
(2) One hundred fifty thousand dollars ($150,000) to the
California State University for curriculum and program development
assistance and outreach services related to the California Teacher
Cadet Program, and for convening the advisory committee and
submitting the report pursuant to Section 90541 of the Education
Code.
(3) Three hundred thousand dollars ($300,000) to the State
Department of Education for allocation to school districts for the
purposes associated with the startup costs of the California Teacher
Cadet Program in up to 200 schoolsites statewide.
(b) For purposes of making computations required by Section 8 of
Article XVI of the California Constitution, the appropriation made by
paragraph (3) of subdivision (a) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2006-07 fiscal year, and shall be included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202 of the Education
Code, for the 2006−07 fiscal year.