BILL NUMBER: SB 509 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Education (Senators Romero (Chair),
Alquist, Hancock, Huff, Liu, Maldonado, Padilla, Simitian, and
Wyland)
FEBRUARY 26, 2009
An act to amend Sections 44221, 44332.5, 44421, 44422, 44426,
44830.7, 44853, 44856, 44917, 44980, 44987.3, 52127, 52163, and 52165
of the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 509, as introduced, Committee on Education. Education.
Existing law establishes the Commission on Teacher Credentialing
to issue teaching and services credentials, and to establish
standards for the issuance and renewal of credentials, certificates,
and permits.
This bill would update references to the commission. The bill
would update cross-references, delete obsolete provisions, and would
make other technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44221 of the Education Code is amended to read:
44221. The commission may employ such
personnel as may be necessary to carry out its
duties and responsibilities. The staff of the commission shall be
subject to the relevant system and procedures of the state
civil service. The provisions the provisions of
the State Civil Service Act contained in Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code
shall apply to such personnel .
All such persons, other than temporary
employees, serving in the state civil service and engaged in the
performance of a function transferred to the Commission for
Teacher Preparation and Licensing on Teacher
Credentialing or engaged in the administration of a law, the
administration of which is transferred to the commission, shall
remain in the state civil service and may request transfer to the
commission or remain with the Department of Education
department on the effective date of this
section. The status, position, and rights of any such
person shall not be affected by his or her
transfer and shall continue to be retained by him
pursuant to the State Civil Service Act, except as to positions the
duties of which are vested in a position that is exempt from civil
service.
SEC. 2. Section 44332.5 of the Education Code is amended to read:
44332.5. (a) A school district which that
may issue warrants pursuant to Section 42647 may, at its
discretion, provide for the registration of any
a valid certification or other document authorizing the
holder thereof to serve in a position requiring
certification qualifications as an employee of the school district.
(b) During any period when summary criminal history information is
not available from the Federal Bureau of Investigation, no
an applicant for an initial credential,
certificate, or permit shall not be employed in a position
requiring certification qualifications until he or she has met the
minimum requirements for a temporary certificate of clearance. A
temporary certificate of clearance or a credential, certificate, or
permit authorizing service in the public schools shall be issued when
the applicant has:
(1) Made full disclosure of all facts necessary to establish his
or her true identity.
(2) Made a statement under penalty of perjury that he or she has
not been convicted of a crime which would constitute grounds for the
denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee
of Credentials shall not inquire into or consider, any acts or
omissions not related to the applicant's fitness to teach or to
perform other duties for which he or she is certificated, or
which that is related to his or her competence
to perform the duties authorized by his or her credential.
(3) Paid to the Commission for Teacher Preparation and
Licensing on Teacher Credentialing the amount of
twelve dollars ($12) or the fees or costs which have been or will be
assessed by the Federal Bureau of Investigation for the issuance of
its summary criminal history of the applicant when this information
is once again made available to the commission. The fees authorized
by this paragraph shall be applicable to all credentials, permits,
and certificates which were applied for or issued after October 1,
1981.
(c) Upon receipt of a statement from the Federal Bureau of
Investigation that it has no summary criminal history information on
the applicant, or upon receipt of the summary criminal history
information and clearance by the Committee of Credentials, a
temporary certificate of clearance shall be converted to a regular
certificate of clearance.
SEC. 3. Section 44421 of the Education Code is amended to read:
44421. The Commission for Teacher Preparation and
Licensing on Teacher Credentialing shall
privately admonish, publicly reprove, revoke or suspend for immoral
or unprofessional conduct, or for persistent defiance of, and refusal
to obey, the laws regulating the duties of persons serving in the
public school system, or for any cause which
that would have warranted the denial of an application for a
credential or the renewal thereof, or for evident unfitness for
service.
SEC. 4. Section 44422 of the Education Code is amended to read:
44422. Whenever the holder of any a
credential issued by the State Board of Education or the Commission
for Teacher Preparation and Licensing on
Teacher Credentialing is charged with immoral or unprofessional
conduct or evident unfitness for service or persistent defiance of,
and refusal to obey, the laws regulating the duties of his position,
the commission in its discretion after notifying the person charged
of its intention to do so, may require the county board of education
of the county in which he is serving or has last served to give
notice of, and conduct, a hearing of the charges in the manner
prescribed by law for the hearing of charges for private admonition,
or for the revocation or suspension of a certificate by a county
board of education.
The county board of education, after the hearing, shall report to
the commission its findings, and a summary of the evidence, and shall
make a definite recommendation concerning the revocation or
suspension of the credential.
Upon receipt of a copy of the findings, summary of evidence, and
recommendation, the commission may privately admonish the holder of
the credential, or suspend or revoke the credential for the causes
stated, or order the charges dismissed.
SEC. 5. Section 44426 of the Education Code is amended to read:
44426. Whenever the holder of any a
credential issued by the State Board of Education or the Commission
for Teacher Preparation and Licensing on
Teacher Credentialing has been determined to be a sexual
psychopath under the provisions of Article 1 (commencing with Section
6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code or under similar provisions of law of any other
state, the commission shall forthwith suspend the credential. If the
determination is reversed and the holder is determined not be a
sexual psychopath in a new proceeding or the proceeding to determine
whether he is a sexual psychopath is dismissed, the commission shall
forthwith terminate the suspension of the credential. When the
determination becomes final, the commission shall forthwith revoke
the credential.
SEC. 6. Section 44830.7 of the Education Code is amended to read:
44830.7. Every contract for employment for a position requiring
certification qualifications between a school district governing
board and a person who possesses certification qualifications from
another state shall provide that employment shall terminate upon
notice by the Commission for Teacher Preparation and
Licensing on Teacher Credentialing to the
district and the employee, that the employee does not have the
necessary qualifications for the credential required by law for the
position for which the service was rendered.
SEC. 7. Section 44853 of the Education Code is amended to read:
44853. The governing board of any school district, subject to the
rules and regulations prescribed by the State Board of
Education state board , may enter into an
agreement with the proper authorities of any foreign country, or of
any state, territory, or possession of the United States, or other
district within the state, for the exchange and employment of
regularly credentialed employees and employees of public schools of
any foreign country, state, territory, or possession, or other
district within this state. Any certificated person so
employed as provided in this section shall be known as an
"exchange certificated employee." No exchange shall be made without
the consent of the employee to be exchanged.
Due consideration shall be given to the general qualifications and
professional status of the exchange employee as compared to the
general qualifications and professional status of the employee for
whom exchanged. However, it shall not be a requirement that an
exchange certificated employee be a teacher of the same subject or
grade, or both, as the employee for whom exchanged. If the service
authorized is other than teaching, it shall not be a requirement that
the service be at the same grade level or that the service be
exactly the same as the employee for whom exchanged.
No
A person may shall
not be employed as an exchange employee by a school district in
the state unless he or she holds the necessary valid
credential or credentials issued by the Commission for
Teacher Preparation and Licensing on Teacher
Credentialing authorizing him the
person to serve in a position requiring certification
qualifications in the school district proposing to employ
him the person . The commission may establish
minimum standards for the credentials for exchange certificated
employees, provided however, that no exchange
certificated employee shall be required to pay any
a fee or other charge for the issuance to him
of any necessary valid credential or credentials
authorizing him or her to serve in a position requiring
certification qualifications in any school district in this state.
An exchange agreement may be made for a period not to exceed three
years.
At the end of the assignment period, the exchange, with the
consent of all parties, may be made complete and permanent.
SEC. 8. Section 44856 of the Education Code is amended to read:
44856. The governing board of a school district may
, for the purposes of providing bilingual instruction,
foreign language instruction, or cultural enrichment, in the schools
of the district, subject to the rules and regulations of the
State Board of Education state board, may
conclude arrangements with the proper authorities of any
a foreign country, or of any
a state, territory, or possession of the United States,
for the hiring of bilingual teachers employed in public or private
schools of any a foreign country,
state, territory, or possession. To be eligible for employment ,
the teacher must speak English fluently. Any persons
so employed pursuant to this section shall be known as a
"sojourn certificated employee."
No
A person may shall not be
hired as a sojourn certificate employee by a school district unless
he or she holds the necessary valid credential or
credentials issued by the Commission for Teacher Preparation
and Licensing on Teacher Credentialing
authorizing him the person to serve in
a position requiring certification qualifications in the school
district proposing to employ him or her . Such
The person may be employed only
for a period not to exceed two years, except that
thereafter such the period of
employment may be extended from year to year for a total period of
not more than five years upon verification by the employing district
that termination of such the employment
would adversely affect an existing bilingual or foreign language
program or program of cultural enrichment , and that
attempts to secure the employment of a certificated California
teacher qualified to fill such the
position have been unsuccessful. The commission shall establish
minimum standards for the credentials for sojourn certificated
employees.
SEC. 9. Section 44917 of the Education Code is amended to read:
44917. Except as provided in Sections 44888 and 44920, governing
boards of school districts shall classify as substitute employees
those persons employed in positions requiring certification
qualifications, to fill positions of regularly employed persons
absent from service.
After September 1 of any school year, the governing board of any
school district may employ, for the remainder of the school year, in
substitute status any otherwise qualified person who consents to be
so employed in a position for which no regular
employee is available, including persons retired for service under
the State Teachers' Retirement System. Inability to acquire the
services of a qualified regular employee shall be demonstrated to the
satisfaction of the Commission for Teacher Preparation and
Licensing on Teacher Credentialing .
Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a
position requiring certification qualifications, be classified by the
governing board as a probationary employee and the previous year's
employment as a temporary employee shall be deemed one year's
employment as a probationary employee for purposes of acquiring
permanent status.
SEC. 10. Section 44980 of the Education Code is amended to read:
44980. Any certificated employee of any school district who
accepts a position requiring certification qualifications in the
office of any county superintendent of schools; or, any certificated
employee of any county superintendent of schools who accepts a
position requiring certification qualifications in a school district
or office of another county superintendent of schools; or, any person
employed by the State Department of Education
state department in a position requiring certification
qualifications or an employee of the office of the Chancellor of the
California Community Colleges who accepts a position requiring
certification qualifications in any school district or office of any
county superintendent of schools; or, any certificated employee of
the Commission for Teacher Preparation and Licensing
on Teacher Credentialing who accepts a position
requiring certification qualifications in any school district or
office of any county superintendent of schools; shall have
transferred with him or her to the second position his
or her accumulated leave of absence for illness or injury.
The amount of such leave to be transferred shall
be determined in the same manner as provided in Section 44979. All
other provisions of Section 44979 shall also apply to the employees
and employers described in this section.
SEC. 11. Section 44987.3 of the Education Code is amended to read:
44987.3. (a) The governing board of a school district shall grant
to any employee, upon request, a leave of absence without loss of
any compensation for the purpose of enabling such
the employee to serve on any of the following boards,
commissions, committees, or groups, so long as the requirements of
subdivision (b) are satisfied:
(1) Advisory Commission on Special Education, as provided for by
Section 33590.
(2) Advisory Committee committee for
Child Care child care and development
services , as provided for by Chapter 2 (commencing
with Section 8200) of Part 6 in Section 8286 .
(3) California Advisory Council on Vocational Education, as
provided for by Section 8000.
(4) California Commission on Crime Control and Violence
Prevention, as provided for by Section 14101 of the Penal Code.
(5)
(3) Curriculum Development and Supplemental Materials
Commission, as provided for by Section 33530.
(6)
(4) Educational Innovation and Planning Commission, as
provided for by Section 33502.
(7)
(5) Educational Management and Evaluation Commission,
as provided for by Section 33550.
(8) Equal Educational Opportunities Commission, as provided for by
Section 33570.
(9) Instructional Television Advisory Commission, as provided for
by Sections 51872 and 51873.
(10) State Council of Educational Planning and Coordination, as
provided for by Section 21000.
(11)
(6) Any other group, commission, or board authorized by
statute; or commission or board, any of whose members are appointed
by the Governor or the State Board of Education
state board ; whose purposes and activities are to further
public education, exclusive of the Commission for Teacher
Preparation and Licensing on Teacher Credentialing
.
(b) A leave of absence shall not be granted unless all the
following requirements are satisfied:
(1) Service is performed in the State of California.
(2) The board, commission, committee, or group, in writing,
informs the employee's district of such the
service.
(3) The board, commission, committee, or group agrees, prior to
service, to reimburse the school district pursuant to subdivision
(d).
(c) The leave of absence shall be limited to 20 school days per
school year.
(d) Following the school district's payment of the employee for
such the leave of absence, the school
district shall be reimbursed by the board, commission, committee, or
group which that the employee serves
for the compensation paid to the employee's substitute and for actual
administrative costs related to the leave of absence granted to the
employee under this section, upon written request for such
reimbursement by the school district. Reimbursement by the
board, commission, committee, or group shall be made within 10 days
after its receipt of the school district's certification of payment
of compensation to the employee and of payment of compensation to the
employee's substitute.
(e) The leave of absence without loss of compensation provided for
by this section is in addition to the release time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code and the leave of absence granted employees by Section 44987.
(f) As used in this section, "school district" also means a county
superintendent of schools.
SEC. 12. Section 52127 of the Education Code is amended to read:
52127. (a) As a condition to receiving any
an apportionment pursuant to Section 51726
52126 , school districts shall have a staff
development program that requires any a
certificated teacher who will provide direct instructional services
for a class participating in the school district's class size
reduction program to receive the appropriate training necessary to
maximize the educational advantages of class size reduction. This
training shall include, but not be limited to, methods for providing
each of the following:
(1) Individualized instruction.
(2) Effective teaching, including classroom management, in smaller
classes.
(3) Identifying and responding to pupil needs.
(4) Opportunities to build on the individual strengths of pupils.
(b) School districts may use funds currently received for staff
development or funds received under this chapter to meet the
requirements of this section.
SEC. 13. Section 52163 of the Education Code is amended to read:
52163. Unless the context otherwise requires, the definitions set
forth in this section shall govern the construction of this article.
(a) "Basic bilingual education" is a system of instruction
which that builds upon the language
skills of the pupil and which that
consists of, but is not limited to, all of the following:
(1) A structured English language development component with daily
instruction leading to the acquisition of English language
proficiency, including English reading and writing skills.
(2) A structured primary language component with daily basic
skills instruction in the primary language for the purpose of
sustaining achievement in basic subject areas until the transfer to
English is made.
As the pupil develops English language skills, the amount of
instruction offered through English shall increase.
(b) "Bilingual-bicultural education" is a system of instruction
which that uses two languages, one of
which is English, as a means of instruction. It is a means of
instruction which that builds upon and
expands the existing language skills of each participating pupil,
which that will enable the pupil to
achieve competency in both languages.
This instruction shall include all of the following:
(1) Daily instruction in English language development
which that shall include:
(A) Listening and speaking skills.
(B) Reading and writing skills; formal instruction in reading and
writing of English shall be introduced when appropriate criteria are
met.
(2) Language development in the pupil's primary language,
including oral and literacy skills.
(3) Reading in the pupil's primary language.
(4) Selected subjects taught in the pupil's primary language.
(5) Development of an understanding of the history and culture of
California and the United States, as well as an understanding of
customs and values of the cultures associated with the languages
being taught.
(c) (1) "Experimental bilingual programs" are:
(A) Innovative programs which that
are consistent with the provisions of this article, the requirements
for bilingual teaching personnel pursuant to Section 52165, and the
requirements for English language and primary language development
pursuant to this section. Such Innovative
programs may include new management approaches, greater
emphasis on team teaching, or other appropriate improvements
which that expand the learning opportunities of
pupils of limited English proficiency. Unless waivers of code
sections are required, projects approval of the state
board is not required. A description of each such
innovative program shall be included with the consolidated
application for program funding and an annual evaluation of
such the programs shall be included in the
multiple-funded program evaluation required pursuant to Section
33403.
(B) Planned variation programs for the purpose of comparing and
improving language development programs for pupils of limited English
proficiency. A primary focus shall be on appropriate instruction for
pupils of limited English proficiency whose English skills are
superior to their skills in their primary language.
A focus may also be placed upon situations in which the number of
pupils who, in accordance with Section 52165, would be required to
receive instruction pursuant to subdivision (a) or (b) of Section
52163, is substantially smaller than the census indicated for the
previous year, in which case all pupils of limited English
proficiency shall receive instruction through individual learning
programs during the preparation of the district's proposal and the
consideration of the proposal by the state board.
Such The programs shall be authorized by the
state board in up to 300 classrooms in 1982-83 and up to
700 classrooms in 1983-84 and each school year thereafter in
districts which that are representative
of the state both geographically and by size. Not more than 30
such classrooms in 1982-83 and 50 classrooms in
1983-84, which that may or may not be
in another school, shall be approved in any one district.
Such The programs shall not result in
segregation. For districts proposing a planned variation program, the
staffing requirements of Section 52165 may be partially or totally
waived by the state board provided that the district has
an inadequate number of certified bilingual teachers, that certified
bilingual teachers are not replaced, that present level of effort is
not reduced, and that the proposed language development program is
appropriate. For each participating classroom there shall be another
similar classroom in the district which that
has fully implemented and is in compliance with the other
provisions of this article.
(2) Proposals for planned variation programs shall include, but
need not be limited to:
(A) A clear statement of the purposes, goals, and objectives for
planned variation programs and projected outcomes.
(B) A delineated management, staffing, and instructional plan.
(C) Pupil identification, diagnosis, and assessment procedures.
(D) Evidence of qualified bilingual and other instructional staff
with demonstrated competence in language development, bicultural or
multicultural knowledge of participating pupils, and instructional
methodologies.
(E) Documented parent and community participation and support.
(F) Use of state and federal funding, where applicable.
(G) Evaluation component which that
controls for instructional treatments, instructional engaged time,
staffing, pupil language characteristics, achievement, attendance,
and related data.
(H) For purposes of this subdivision, if formal action upon a
proposal for a planned variation program is not taken by the
State Board of Education state board on or
before the second regular meeting of the state board
following the receipt of a complete and documented proposal, the
proposal shall be deemed approved for the remainder of the school
year.
Proposals which that meet the
requirements of this subdivision shall be approved by the state
board in accordance with standards established in subdivision
(b) of Section 52820.
Proposals may be approved annually for a second, third, or fourth
year based upon a demonstration of compliance with planned variation
program requirements.
(3) The department shall include in its annual report to the
Legislature submitted pursuant to Sections 33405 and 52171.6 the
number and nature of experimental bilingual and planned variation
programs and progress of participating pupils.
(4) Nothing contained in this subdivision shall be construed to
permit the operation of experimental bilingual and planned variation
programs contrary to the purposes or intent of this article and other
state or federal statutes and regulations promulgated for and on
behalf of pupils of limited English proficiency. The primary goal of
all such programs shall be to teach the pupil
English.
(d) "Secondary level language development program" is a program in
grades 7 to 12 which that provides a
prescriptive English language program that systematically develops a
pupil's listening and speaking skills, knowledge of linguistic and
grammatical structure leading to proficiency in reading and writing
English. The prescriptive English language program shall be based on
the diagnosis of a pupil's language skills pursuant to Sections 52164
and 52164.1 and shall be conducted as an integral instructional
program of English curriculum for not less than one full period a day
or its equivalent for the purpose of providing pupils with minimum
English language competencies pursuant to subdivision (e). The
primary goal of such
the programs shall be to teach pupils the
English language.
In addition to the prescriptive English language program required
by this subdivision, a secondary level language development program
shall provide primary language instructional support to sustain
academic achievement in nonelective content subject areas required
for high school graduation consistent with current law.
Instruction in a secondary level language development program
shall be provided either by a language development specialist, or by
a certified bilingual-crosscultural teacher, who has received the
recommendation of the local superintendent of schools verifying in
writing that the teacher is competent and qualified to teach an
English-as-a-second-language component, as measured by the district's
personnel evaluation system.
School districts offering an instructional program pursuant to
this subdivision shall not be required to provide a secondary level
individual learning program, as defined in subdivision (e), but shall
be required to maintain records documenting all parental notices and
of the continuing evaluation of pupil needs and services.
A school district may make a secondary level language development
program available to pupils enrolled in grade 6 whenever that grade
is maintained by the district in a middle school comprised of any of
grades 6, 7, 8, or 9.
(e) "Secondary level individual learning program" is an
individualized systematic program of instruction which
that meets the needs of
limited-English-proficient pupils and builds upon their language
skills in order to develop proficiency in English. This program shall
be offered in a manner consistent with the United States Supreme
Court decision in Lau vs. Nichols (414 U.S. 563), the Equal Education
Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.) and federal
regulations promulgated pursuant to such
those court decisions and federal statutes. The primary goal of
all such the programs shall be to
teach the pupil English.
(f) "Elementary level individual learning program" is any program
of instruction for a pupil of limited English proficiency in which
any one of the three program options described in subdivision (a),
(b), or (c) is individualized to meet the needs of the pupil of
limited English proficiency and is offered in a manner consistent
with the requirements of this article. Such instruction
Instruction shall be offered in a manner
consistent with the United States Supreme Court decision in Lau v.
Nichols (414 U.S. 563), the Equal Educational Opportunities Act of
1974 (20 U.S.C. Sec. 1701 et seq.), and federal regulations
promulgated pursuant to such those court
decisions and federal statutes. The primary goal of all
such the programs shall be to teach the pupil
English.
(g) "Primary language" is a language other than English
which that is the language the pupil first
learned or the language which that is
spoken in the pupil's home.
(h) "Bilingual-crosscultural teacher" means a person who (1) holds
a valid, regular California teaching credential and (2) holds either
a bilingual-crosscultural certificate of proficiency or other
credential in bilingual education authorized by the Commission
for Teacher Preparation and Licensing on
Teacher Credentialing or a bilingual-crosscultural specialist
credential. Such a The person shall be
fluent in the primary language and familiar with the cultural
heritage of limited-English-proficiency pupils in the bilingual
classes he or she conducts. Such a The
person shall have a professional demonstrated working knowledge of
the methodologies which that are
necessary to educate effectively educate
those pupils.
(i) "Bilingual-crosscultural teacher aide" means an aide fluent in
both English and the primary language of the pupil or pupils of
limited English proficiency in a bilingual-bicultural program.
Such an The aide shall be familiar with
the cultural heritage of pupils of limited English proficiency in
the bilingual classes to which he or she is assigned.
(j) "Board" "State board" means the
State Board of Education.
(k) "Superintendent" means the Superintendent of Public
Instruction.
() "Basic skills" means language arts, including, but not limited
to, reading and writing, and mathematics.
(m) "Pupils of limited English proficiency" are pupils who do not
have the clearly developed English language skills of comprehension,
speaking, reading, and writing necessary to receive instruction only
in English at a level substantially equivalent to pupils of the same
age or grade whose primary language is English. The determination of
which pupils are pupils of limited English proficiency shall be made
in accordance with the procedures specified in Sections 52164 and
52164.1. Pupils who have no proficiency in their primary language are
not included within this definition.
(n) "Pupils of fluent English proficiency" are pupils whose
English proficiency is comparable to that of the majority of pupils,
of the same age or grade, whose primary language is English.
(o) "Department" means the State Department of
Education.
SEC. 14. Section 52165 of the Education Code is amended to read:
52165. Each pupil of limited English proficiency enrolled in the
California public school system in kindergarten and grades 1 to 12,
inclusive, shall receive instruction in a language understandable to
the pupil that recognizes the pupil's primary language and teaches
the pupil English.
(a) In kindergarten and grades 1 to 6, inclusive, the following
shall apply:
(1) If the language census indicates that any school of a school
district has 10 or more pupils of limited English proficiency with
the same primary language in the same grade level or 10 or more
pupils of limited English proficiency with the same primary language,
in the same age group, and in a multigrade or ungraded instructional
environment, the school district shall offer instruction pursuant to
subdivision (a), (b), or (c) of Section 52163 for those pupils at
the school. If there are pupils of limited English proficiency with
different primary languages who do not otherwise satisfy the program
requirements of subdivision (a), (b), or (c) of Section 52163 or of
this subdivision, a language development specialist defined in
subdivision (b) may be used.
(2) To the extent state or federal categorical funds are
available, the services, as described in this paragraph, are required
for pupils of limited English proficiency in concentrations of fewer
than 10 per grade level. If there are fewer than 10 pupils of
limited English proficiency in the same grade, but at least 20 pupils
of limited English proficiency in the school with the same primary
language, the school district shall provide at least one certified
bilingual-crosscultural teacher or teachers on waiver as defined in
Section 52178 or 52178.5 and an individualized instruction program as
defined in subdivision (f) of Section 52163 for those pupils at the
school. If the number of pupils of limited English proficiency in the
school exceeds 45, the district shall provide two of those teachers.
These teachers may be used as resource teachers or team teachers or
to provide any other services to pupils of limited English
proficiency as the district deems appropriate. These teachers shall
be different teachers than those required pursuant to paragraph (1).
(b) The Legislature recognizes that in the past equal educational
opportunities have not been fully available to secondary pupils of
limited English proficiency. It is the intent of the Legislature to
encourage school districts to offer a language learning program
pursuant to subdivision (d) of Section 52163. Certified
bilingual-crosscultural teachers or, if those teachers are not
available, language development specialists assisted by a bilingual
aide shall be qualified to provide instruction for those programs.
Language development specialists shall be formally trained and
competent in the field of English language learning, including second
language acquisition and development, structure of modern English,
and basic principles of linguistics, and shall meet the culture and
methodology competencies established by subdivisions (b) and (c) of
Section 44253.5. The Commission for Teacher Preparation and
Licensing on Teacher Credentialing shall provide
for the assessment of language competencies specified in this
section and shall modify existing culture and methodology competency
for language development specialist to ensure that they meet the
crosscultural and instructional methodologies for pupils being served
by those teachers. A teacher of English to speakers of other
languages certificate from a commission-approved teacher training
institution of higher education that meets the criteria established
by the commission pursuant to Section 44253.5 shall be accepted
instead of the methodology requirement.
(c) In kindergarten and grades 1 to 12, inclusive, pupils of
limited English proficiency who are not enrolled in a program
described in subdivision (a), (b), (c), or (d) of Section 52163,
shall be individually evaluated and shall receive educational
services defined in subdivision (e) or (f), as appropriate, of
Section 52163. These services shall be provided in consultation with
the pupil and the parent, parents, or guardian of the pupil.
(d) As a part of its consolidated application for categorical
program funds, each district receiving those funds shall include a
specific plan indicating the ways in which the individual learning
plans will meet the needs of pupils of limited English proficiency.
The plan shall describe all of the following:
(1) Procedures used in making the individual evaluation.
(2) The pupils' levels of English and primary language proficiency
and levels of educational performance.
(3) Instructional objectives and scope of educational services to
be provided.
(4) Periodic evaluation procedures, using objective criteria, to
determine whether the instructional objectives are being met.