BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 794
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          Date of Hearing:   April 1, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                 AB 794 (Hagman) - As Introduced:  February 26, 2009
           
          SUBJECT  :   Teacher credentialing: fees.

           SUMMARY  :   Requires the Commission on Teacher Credentialing  
          (CTC) to waive all application and processing fees for  
          out-of-state applicants for teaching credentials who relocate to  
          California due to orders received from a branch of the United  
          States Armed Forces that require the applicant's spouse to  
          relocate to California.

           EXISTING LAW  requires: 

          1)Fees to be levied by the commission for the issuance and  
            renewal of teaching and service credentials.  Commencing  
            January 1, 1987, the fee for the issuance and renewal of  
            teaching and service credentials shall be fifty dollars ($50).  
             In subsequent years, the commission may set a different fee,  
            but in no case shall a fee exceed seventy dollars ($70)  
            without express legislative approval. (Education Code Section  
            44235)

          2)Subject to funds being appropriated expressly for this purpose  
            in the annual Budget Act, credential fees to be waived by the  
            commission for first-time teaching credential applicants for  
            the Single subject credential; Multiple subject credential;  
            Special education credential; and, Specialist instruction  
            credential. (Education Code Section 44235)

          3)Annually, as part of the budget review process, the Department  
            of Finance to recommend to the Legislature an appropriate  
            credential fee sufficient to generate revenues necessary to  
            support the operating budget of the commission plus a prudent  
            reserve. (Education Code Section 44235)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  This bill would require the Commission on Teacher  
          Credentialing (CTC) to waive the initial teacher credential  
          issuance fee for credential applicants from out of state who  
          have relocated to California due to orders received by the  








                                                                  AB 794
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          applicant's spouse from a branch of the United States Armed  
          Forces.

          The CTC has authorization to set teaching and service credential  
          fees to cover the costs of the operating budget of the  
          Commission.  Currently, the CTC charges $55 for an initial  
          issuance or renewal of a teaching or services credential or to  
          add an authorization to an existing credential.  The CTC also  
          charges a fingerprinting processing fee of $51, which covers the  
          Department of Justice and Federal Bureau of Investigation fees  
          for processing fingerprints.  This means a first time teacher or  
          services credential candidate must pay a total of $106 to the  
          CTC.  AB 794 would waive the Initial State credential fee ($55)  
          for those out-of-state military spouses who were re-located due  
          to their spouse receiving military orders.  This will cut the  
          financial burden of these credential candidates by 52%.

           Other Fee Waivers  .  In 1999, the Budget Act authorized the CTC  
          to waive the credential fees for all first time teaching  
          credential candidates, when funds are expressly appropriated for  
          this purpose.  This fee waiver was in effect from 1999 until  
          2002.

          According to the California Department of Veterans Affairs,  
          there are several fee waivers available to members of the Armed  
          Forces, their children and spouses, as well as veterans of the  
          Armed Forces.  Two of these fee waivers are similar in nature to  
          the fee waiver proposed by this measure.  Veterans, members of  
          the Armed Forces, children and spouses of a member of the Armed  
          Forces are eligible for a waiver of non-resident fees at all  
          State of California Community Colleges, California State  
          University or University of California campuses, which means  
          they are eligible to pay these institutions at the California  
          resident rate.  Another fee waiver is available on vehicle  
          registration and license fees for Medal of Honor recipients,  
          American Ex-Prisoners of War and disabled veterans.  The lost  
          revenue incurred from both of these fee waivers are absorbed by  
          the respective agencies, and the revenue is not backfilled by  
          the State General Fund.

           Potential Lost Revenue to the CTC  .  According to the CTC and the  
          Annual Teacher Supply Report, in 2006-07 the CTC issued 3,787  
          teacher credentials to out-of state trained teachers.  In the  
          last 5 years, the CTC has issued an average of 3,678 teacher  
          credentials to out-of state trained teachers per year.  With the  








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          existing large military installations in California, one could  
          estimate that the percentage of current credentials being issued  
          to military spouses from out of state could be as much as 5%,  
          10% or even 20% of the total number of credentials issued to out  
          of state candidates.  If 20% of the 3,678 credential candidates  
          were eligible for the waiver proposed by this measure, it would  
          mean a loss in revenue for the CTC of more than $40,000  
          annually.  If 5% of the 3,678 credential candidates were  
          eligible for the waiver proposed by this measure, it would mean  
          a loss in revenue for the CTC of more than $10,000 annually.   
          The committee should consider how this loss in revenue would  
          affect the functions of the CTC.

          According to the author, "Currently, when an out-of-state  
          teacher has to relocate to California due to his/her spouse  
          receiving relocation orders from the military, that teacher is  
          required to pay an Initial processing fee of $55 in order to  
          teach in this state.  Along with this fee, the teacher also has  
          to pay a $51 fingerprinting fee, bringing the total to $106.  It  
          is hard enough for California to find enough responsible and  
          effective educators.  We should not make it unfairly more  
          difficult for out-of-state military spouses to come educate our  
          California children."

           Committee Amendment  : Committee staff recommends the bill be  
          amended to clarify that the fee waived by this measure would be  
          the "Initial Issuance" fee of $55, and does not include the  
          fingerprint fee or any renewal fees.  

           Related legislation  : SB 15 (Cedillo) from 2009 expands the  
          students eligible to receive a Cal Grant A or B award under the  
          Cal Grant High School Entitlement Program to include California  
          residents who are current or former members of the United States  
          Armed Forces beginning with the 2010-11 academic year.  SB 15  
          passed the Senate Education Committee with a vote of 8-0.

           Previous legislation  :  SB 1219 (Cedillo) from 2008 would have  
          expanded the students eligible to receive a Cal Grant A or B  
          award under the Cal Grant High School Entitlement Program to  
          include California residents who are current or former members  
          of the United States Armed Forces beginning with the 2010-11  
          academic year.  SB 1219 was held in the Senate Appropriations  
          Committee.  

          AB 1115 (Strom-Martin, etc.) Chapter 78, Statutes of 1999,  








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          authorized the CTC to waive all fees for first time teaching  
          credential applicants, subject to an appropriation in the annual  
          Budget Act.  This fee waiver was in effect from 1999-2002.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Chelsea Kelley / ED. / (916) 319-2087