BILL NUMBER: SB 509 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2009
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 An act to amend Sections 17592.5 and 52165
of the Education Code, relating to education.
LEGISLATIVE COUNSEL'S DIGEST
SB 509, as amended, 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. Existing law authorizes 2 or more school districts
to enter into a joint powers agreement, as specified, for certain
purposes.
This bill would update references make
technical, nonsubstantive changes by updating a
cross-reference to the commission . The bill would
update cross-references, delete obsolete provisions, and would make
other technical, nonsubstantive changes , and by
deleting an obsolete reference to the Joint Powers Central County
Occupational Center and replacing it with a reference to the
Metropolitan Education District .
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
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 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
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 on the effective date of this
section. The status, position, and rights of any such person shall
not be affected by his 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 may issue warrants pursuant
to Section 42647 may, at its discretion, provide for the registration
of any 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 applicant
for an initial credential, certificate, or permit shall 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 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
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 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 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 credential issued by the State
Board of Education or the Commission for Teacher Preparation and
Licensing 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 credential issued by the State
Board of Education or the Commission for Teacher Preparation and
Licensing 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 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,
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
person may be employed as an exchange employee by a school
district in the state unless he holds the necessary valid credential
or credentials issued by the Commission for Teacher Preparation and
Licensing authorizing him to serve in a position requiring
certification qualifications in the school district proposing to
employ him. 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
fee or other charge for the issuance to him of any necessary valid
credential or credentials authorizing him 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
conclude arrangements with the proper authorities of any foreign
country, or of any state, territory, or possession of the United
States, for the hiring of bilingual teachers employed in public or
private schools of any 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
person may be hired as a sojourn certificate employee by a school
district unless he holds the necessary valid credential or
credentials issued by the Commission for Teacher Preparation and
Licensing authorizing him to serve in a position requiring
certification qualifications in the school district proposing to
employ him. Such person may be employed only for a period not to
exceed two years, except that thereafter such 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 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 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.
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 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 who accepts a position requiring certification
qualifications in any school district or office of any county
superintendent of schools; shall have transferred with him to the
second position his 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 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 for Child Care, as provided for by Chapter
2 (commencing with Section 8200) of Part 6.
(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)
Curriculum Development and Supplemental Materials Commission, as
provided for by Section 33530.
(6)
Educational Innovation and Planning Commission, as provided for
by Section 33502.
(7)
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)
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; whose purposes and
activities are to further public education, exclusive of the
Commission for Teacher Preparation and Licensing.
(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 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 leave of absence, the school district shall be reimbursed by the
board, commission, committee, or group which 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 apportionment pursuant
to Section 51726, school districts shall have a staff development
program that requires any 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
builds upon the language skills of the pupil and which 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 uses two languages, one of which is English, as a means of
instruction. It is a means of instruction which builds upon and
expands the existing language skills of each participating pupil,
which 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 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 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
programs may include new management approaches, greater emphasis on
team teaching, or other appropriate improvements which expand the
learning opportunities of pupils of limited English proficiency.
Unless waivers of code sections are required, projects approval of
the 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 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 board. Such programs shall be
authorized by the 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 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 may or may not be in another school,
shall be approved in any one district. Such 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 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 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 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 on or before the second regular meeting of the
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 meet the requirements of this subdivision shall be
approved by the 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 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
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 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 court
decisions and federal statutes. The primary goal of all such 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 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 court decisions and federal
statutes. The primary goal of all such programs shall be to teach the
pupil English.
(g) "Primary language" is a language other than English which is
the language the pupil first learned or the language which 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 or a bilingual-crosscultural
specialist credential. Such a 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 person shall have a professional demonstrated
working knowledge of the methodologies which are necessary to educate
effectively 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 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"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 Department of Education.
SECTION 1. Section 17592.5 of the
Education Code is amended to read:
17592.5. The Joint Powers Southern California Regional
Occupational Center and the Joint Powers Central County
Occupational Center Metropolitan Education District, a
joint powers authority, shall be deemed to be school districts
for purposes of Sections 17582 to 17592, inclusive, and for the
purposes of Section 17584.
SEC. 14. SEC. 2. 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 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.