BILL NUMBER: SB 941	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)

                        MARCH 24, 2011

   An act to amend Sections 44274.2, 44279.1, 44279.2, 44279.4,
44371, and 44372 of, and to repeal Sections 44279.5 and 44279.6 of,
the Education Code, relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 941, as introduced, Committee on Education. Teachers:
credentialing.
   Existing law requires the Commission on Teacher Credentialing to
issue a 5-year preliminary teaching credential, including a
preliminary 5-year "professional clear teaching credential," to an
out-of-state prepared teacher who meets specified requirements.
Existing law requires the commission to issue a professional clear
teaching credential to an out-of-state prepared applicant who
satisfies specified requirements, provides verification of 2 or more
years of teaching experience, and documents the fulfillment of other
specified requirements. If the applicant does not meet the experience
requirement, the applicant is required to be issued credentials upon
verification of other requirements, including that the commission
has issued the applicant a preliminary 5-year teaching credential.
   This bill would remove reference to a "professional clear teaching
credential" and instead simply refer to a "clear teaching
credential." This bill would provide that an out-of-state prepared
applicant who satisfies specified requirements and documents the
fulfillment of other requirements, but does not meet the experience
requirement, shall be issued a credential upon verification of other
requirements; however, the requirement that whether the commission
has issued a preliminary 5-year credential be verified, may be waived
if the applicant holds a valid equivalent credential or certificate
or has completed equivalent requirements as determined by the
commission.
   Existing law establishes the California Beginning Teacher Support
and Assessment System which shall, among other things, ensure that
programs meet the Standards of Quality and Effectiveness for
Beginning Teacher Support and Assessment Programs adopted by the
commission in 1997, and establish an effective, coherent system of
performance assessments based upon the California Standards for the
Teaching Profession adopted by the commission in 1997, which the
Superintendent of Public Instruction and the commission are also
required to disseminate, as specified.
   This bill would remove reference to the year in which these
standards were adopted by the commission.
   Existing law provides that any credential candidate who is
eligible for a preliminary credential shall be eligible for a
classroom teaching position with beginning teacher support and
assessment; however, requirements relating to beginning teacher
support and assessment may be waived by the commission for
individuals who are pursuing alternative entry programs, as
specified, including the successful completion of at least 2 years of
classroom instruction under a district intern certificate.
   This bill would also permit the commission to waive requirements
relating to beginning teacher support and assessment for an
individual who has completed a clear credential program after
completion of a baccalaureate degree at a regionally accredited
institution.
   Existing law states the intent of the Legislature that beginning
teachers who have been issued a preliminary credential receive
support and assistance, as specified, and that the commission
establish procedures to assess the teaching performance of beginning
teachers, as specified.
   This bill would repeal these provisions.
   Existing law requires the commission to adopt and implement an
accreditation framework, which sets forth the policies of the
commission regarding the accreditation of educator preparation in
California, and to modify the framework in accordance to specified
provisions. Existing law requires the system for accreditation of
educator preparation to replace the prior system of program approval
established in 1970. Existing law also requires the commission, with
the Committee on Accreditation, to select an external evaluator to
conduct an evaluation of accreditation policies.
   This bill would require the accreditation framework to be modified
by the commission in accordance with a system of ongoing evaluation
and revision of accreditation practices. This bill would delete
provisions relating to replacement of the prior system for
accreditation and preparation and instead require the system to
implement a system of ongoing evaluation and revision of
accreditation practices. This bill would remove provisions requiring
selection of an external evaluator.
   This bill would make other conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44274.2 of the Education Code is amended to
read:
   44274.2.  (a) Notwithstanding any provision of this chapter, the
commission shall issue a five-year preliminary multiple subject
teaching credential authorizing instruction in a self-contained
classroom, a five-year preliminary single subject teaching credential
authorizing instruction in departmentalized classes, or a five-year
preliminary education specialist credential authorizing instruction
of special education pupils to an out of state prepared teacher who
meets all of the following requirements:
   (1) Possesses a baccalaureate degree from a regionally accredited
institution of higher education.
   (2) Has completed a teacher preparation program at a regionally
accredited institution of higher education, or a state-approved
teacher preparation program offered by a local educational agency.
   (3) Meets the subject matter knowledge requirements for the
credential. If the subject area listed on the out-of-state credential
does not correspond to a California subject area, as specified in
Sections 44257 and 44282, the commission may require the applicant to
meet California subject matter requirements before issuing a
 professional  clear credential.
   (4) Has earned a valid corresponding elementary, secondary, or
special education teaching credential based upon the out-of-state
teacher preparation program. For the education specialist credential,
the commission shall determine the area of concentration based on
the special education program completed out of state.
   (5) Has successfully completed a criminal background check
conducted under Sections 44339, 44340, and 44341 for credentialing
purposes.
   (b) The holder of a credential issued pursuant to this section
shall meet the state basic skills proficiency requirement set forth
in Section 44252 within one year of the date the credential is issued
or the credential shall become invalid.
   (c) The commission shall issue a  professional 
clear multiple subject, single subject, or education specialist
teaching credential to an applicant who satisfies the requirements of
subdivision (a), provides verification of two or more years of
teaching experience, including, but not limited to, two satisfactory
performance evaluations, and documents, in a manner prescribed by the
commission, that he or she fulfills each of the following
requirements:
   (1) The applicant has completed 150 clock hours of activities that
contribute to his or her competence, performance, and effectiveness
in the education profession, and that assist the applicant in meeting
or exceeding standards for professional preparation established by
the commission, or the applicant has earned a master's degree or
higher in a field related to the credential, or the equivalent
semester units, from a regionally accredited institution of higher
education.
   (2) The applicant has met the state requirements for teaching
English language learners including, but not limited to, the
requirements in Section 44253.3.
   (d) For applicants who do not meet the experience requirement
described in subdivision (c), the commission shall issue a 
professional  clear multiple subject, single subject, or
education specialist teaching credential upon verification of the
following requirements:
   (1) The commission has issued to the applicant a preliminary
five-year teaching credential pursuant to subdivision (a).  This
requirement may be waived if the applicant holds a valid equivalent
credential or certificate or has completed equivalent requirements as
determined by the commission. 
   (2) The applicant has completed a beginning teacher induction
program pursuant to paragraph (2) of subdivision (c) of Section
44259.
   (3) The applicant has met the requirements for teaching English
language learners including, but not limited to, the requirements in
Section 44253.3.
   (4) Prior to issuing an education specialist credential under this
subdivision, the commission shall verify completion of a program for
the Professional Level II credential accredited by the commission.
  SEC. 2.  Section 44279.1 of the Education Code is amended to read:
   44279.1.  (a) The Legislature finds and declares that the
beginning years of the career of a teacher are a critical time in
which it is necessary that intensive professional development and
assessment occur. The Legislature recognizes that the public invests
heavily in the preparation of prospective teachers, and that more
than one-half of all new teachers leave some California school
districts after one or two years in the classroom. Intensive
professional development and assessment are necessary to build on the
preparation that precedes initial certification, to transform
academic preparation into practical success in the classroom, to
retain greater numbers of capable beginning teachers, and to remove
novices who show little promise as teachers. It is the intent of the
Legislature that the commission and the Superintendent develop and
implement policies to govern the support and assessment of beginning
teachers, as a condition for the professional certification of those
teachers in the future.
   (b) There is hereby established the California Beginning Teacher
Support and Assessment System, to be administered jointly by the
commission and the Superintendent. In administering the system, the
commission and the Superintendent shall approve the most
cost-effective programs of support and assessment. The commission and
the Superintendent also shall ensure that programs meet the
Standards of Quality and Effectiveness for Beginning Teacher Support
and Assessment Programs adopted by the commission  in 1997
 and that local programs support beginning teachers in
meeting the competencies described in the California Standards for
the Teaching Profession adopted by the commission  in January
1997  . The system shall do all of the following:
   (1) Provide an effective transition into the teaching career for
first-year and second-year teachers in California.
   (2) Improve the educational performance of pupils through improved
training, information, and assistance for new teachers.
   (3) Enable beginning teachers to be effective in teaching pupils
who are culturally, linguistically, and academically diverse.
   (4) Ensure the professional success and retention of new teachers.

   (5) Ensure that a support provider provides intensive
individualized support and assistance to each participating beginning
teacher.
   (6) Improve the rigor and consistency of individual teacher
performance assessments and the usefulness of assessment results to
teachers and decisionmakers.
   (7) Establish an effective, coherent system of performance
assessments that are based on the California Standards for the
Teaching Profession adopted by the commission  in January
1997  .
   (8) Examine alternative ways in which the general public and the
educational profession may be assured that new teachers who remain in
teaching have attained acceptable levels of professional competence.

   (9) Ensure that an individual induction plan is in place for each
participating beginning teacher and is based on an ongoing assessment
of the development of the beginning teacher.
   (10) Ensure continuous program improvement through ongoing
research, development, and evaluation.
   (c) Participation in the system shall be voluntary for teachers,
school districts, and county offices of education and participation
by certificated employees shall not be made a condition of
employment. The commission and the Superintendent shall adopt and
implement criteria and standards for participation in the system,
including criteria regarding the eligibility of teachers and
standards of local program quality and intensity for schools, school
districts, county offices of education, colleges, universities, and
other educational and professional organizations. The criteria and
standards shall be consistent with the purposes of the system.
   (d) (1) For purposes of this article, unless the context otherwise
requires, "beginning teacher" means a teacher with a valid
California credential, as defined in Section 44259.
   (2) For purposes of this article, "beginning teacher" does not
include a teacher with a life  credential,   or
 a clear  teaching  credential  , or a
professional clear teaching credential  who returns to serve
in a certificated teaching position.
   (e) Subject to verification and approval by an induction program
director, a beginning teacher shall not be required to demonstrate
that an induction standard has been met, or complete an element of an
approved induction program designed to assist a candidate in
mastering a given standard, if the candidate previously met the
induction standard while participating in a commission-approved
preparation program.
   (f) The Superintendent and the commission shall disseminate the
California Standards for the Teaching Profession adopted by the
commission  in January 1997  to colleges,
universities, school districts, county offices of education, and
professional associations, who shall be encouraged to use the
standards in efforts to improve teacher preparation and support
programs. Performance assessments developed under this article shall
be designed to provide useful, helpful feedback to beginning teachers
and their support providers. That information shall not be used for
employment-related evaluations, as a condition of employment, or as a
basis for terminating employment.
   (g) It is the intent of the Legislature that the commission and
the Superintendent establish a statewide teacher induction program
that supports locally designed, high-quality induction programs that
provide individualized support and formative assessment for all
participating beginning teachers as defined in subdivision (d). At
the discretion of the local beginning teacher support and assessment
system teacher induction program, funds allocated to a program on the
basis of eligible beginning teachers may be used to provide support,
assistance, and preparation services to other credential candidates
who are in their first or second year of employment as a classroom
teacher.
   (h) This article shall be known, and may be cited, as the Marian
Bergeson Beginning Teacher Support and Assessment System.
  SEC. 3.  Section 44279.2 of the Education Code is amended to read:
   44279.2.  (a) The  superintendent  
Superintendent  and the commission shall jointly administer the
Beginning Teacher Support and Assessment System pursuant to this
chapter. In administering this section, the  superintendent
  Superintendent  and the commission shall provide
or contract for the provision of all of the following:
   (1) Establishing requirements for reviewing and approving teacher
induction programs.
   (2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For the purposes of this
section, "program effectiveness" means producing excellent program
outcomes in relation to the purposes defined in subdivision (b) of
Section 44279.1. For the purposes of this section, "program quality"
means excellence with respect to program factors, including, but not
limited to, all of the following:
   (A) Program goals.
   (B) Design resources.
   (C) Management, evaluation, and improvement of the program.
   (D) School context and working conditions.
   (E) Support and assessment services to each beginning teacher.
   (3) Developing purposes and functions for reviewing and approving
supplemental grants and standards for program clusters and program
consultants, as defined pursuant to Section 44279.7.
   (4) Improving and refining the formative assessment system.
   (5) Improving and refining professional development materials and
strategies for all personnel involved in implementing induction
programs.
   (6) Conducting and tracking research related to beginning teacher
induction.
   (7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission
 in January 1997  and the Standards of Quality and
Effectiveness for Beginning Teacher Support and Assessment Program
adopted by the commission  in 1997  and making
changes to those documents, as necessary.
   (b) As part of the Beginning Teacher Support and Assessment
System, the commission and the  superintendent  
Superintendent  shall establish requirements for local teacher
induction programs.
   (c) A school district or consortium of school districts may apply
to the  superintendent   Superintendent 
for funding to establish a local teacher induction program pursuant
to this section. From amounts appropriated for the purposes of this
section, the  superintendent   Superintendent
 shall allocate three thousand dollars ($3,000) for each
beginning teacher participating in the program. That amount shall be
adjusted each fiscal year by the inflation factor set forth in
Section 42238.1. To be eligible to receive funding, a school district
or consortium of school districts shall, at a minimum, meet all of
the following requirements:
   (1) Develop, implement, and evaluate teacher induction programs
that meet the Quality and Effectiveness for Beginning Teacher
Induction Program Standards adopted by the commission  in
1997  .
   (2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission  in January 1997  .
   (3) Meet criteria for the cost-effective delivery of program
services.
   (4) From amounts received from local, state, or resources
available for the purposes of teacher induction programs, contribute
not less than two thousand dollars ($2,000) for the costs of each
beginning teacher served in the induction program.
   (d) Teachers who have received their preliminary credential in a
district intern program pursuant to Article 7.5 (commencing with
Section 44325) or an intern program pursuant to Article 3 (commencing
with Section 44450) of Chapter 3 and who are participating in an
induction program pursuant to this section are not eligible for
funding pursuant to Article 11 (commencing with Section 44380) of
Chapter 2.
  SEC. 4.  Section 44279.4 of the Education Code is amended to read:
   44279.4.  (a) It is the intent of the Legislature that one full
year, or the equivalent thereof, of paid, classroom teaching
experience and beginning teacher support and assessment shall be a
prerequisite to obtaining a professional credential to teach in the
California public schools.
   Any credential candidate who is eligible for a preliminary
credential shall be eligible for a classroom teaching position with
beginning teacher support and assessment. The requirements of this
article may be waived by the commission for individuals who are
pursuing alternative entry programs established pursuant to
subdivision (g) of Section 44225  and subparagraph (B) of
paragraph (3) of   subdivision (c) of Section 44259  .
   (b)  It is the intent of the Legislature that support and
assessment of beginning teachers shall be governed by standards
adopted by the commission in consultation with the Superintendent
 of Public Instruction  and the  State Board
of Education   state board  .
   (c) A beginning teacher who has been issued a preliminary teaching
credential and a preliminary specialty credential pursuant to
paragraph (3) of subdivision (b) of Section 44225 shall be eligible
for one year of beginning teacher support and assessment that
combines classroom teaching and specialty instruction.
  SEC. 5.  Section 44279.5 of the Education Code is repealed.

   44279.5.  It is the intent of the Legislature that a beginning
teacher who has been issued a preliminary credential shall receive
support and assistance from an experienced educator in a manner
consistent with the recommendations of the evaluation study conducted
pursuant to Section 44279.2, as that section read on December 31,
1992. 
  SEC. 6.  Section 44279.6 of the Education Code is repealed.

   44279.6.  It is the intent of the Legislature that the commission
shall establish procedures to assess the teaching performance of
beginning teachers on a regular basis by onsite visits of assessment
teams or through the use of uniform exercises in a controlled
setting, or both, as determined appropriate by the commission based
upon the recommendations of the evaluation study conducted pursuant
to Section 44279.2 as that section read on December 31, 1992. The
commission shall ensure that members of the assessment teams have
been appropriately trained and demonstrate an understanding of the
cultures of the major ethnic populations of this state, teaching
strategies for the acquisition of English language skills by
non-English-speaking pupils, and teaching strategies for dealing with
at-risk pupils. 
  SEC. 7.  Section 44371 of the Education Code is amended to read:
   44371.  (a) The system for accreditation of educator preparation
shall do all of the following:
   (1) Concentrate on the overall quality of educator preparation in
credential programs.
   (2) Hold professional elementary, secondary, and postsecondary
educators responsible for quality in the preparation of professional
practitioners.
   (3) Contribute to improvements in educator preparation and
recognize excellence in preparation programs and institutions.

   (4) Replace the prior system of program approval, as established
by the Teacher Preparation and Licensing Act of 1970.  
   (4) Implement a system of ongoing evaluation and revision of
accreditation practices. 
   (5) Be governed by an accreditation framework that sets forth the
policies of the  Commission on Teacher Credentialing
 commission  regarding the accreditation of educator
preparation.
   (b) The accreditation framework shall do all of the following:
   (1) Establish broad, flexible policies and standards for
accreditation of educator preparation.
   (2) Define the accreditation responsibilities, authority, and
roles of the  Commission on Teacher Credentialing 
 commission  and the Committee on Accreditation.
   (3) Establish an accreditation system that is efficient and
cost-effective.
   (4) Require that accreditation decisions be based on sufficient,
reliable evidence about the quality of educator preparation.
  SEC. 8.  Section 44372 of the Education Code is amended to read:
   44372.  The powers and duties of the  Commission on
Teacher Credentialing   commission  regarding the
accreditation system shall include the following:
   (a) Adopt and implement an accreditation framework, which sets
forth the policies of the commission regarding the accreditation of
educator preparation in California.
   (b) Establish and modify credential-specific standards,
experimental program standards, and alternative program standards, as
defined in the adopted accreditation framework.
   (c) Rule on the eligibility of an applicant for accreditation when
the applying institution has not previously prepared educators for
state certification in California, pursuant to subdivision (a) of
Section 44227.
   (d) Appoint and reappoint the members of the Committee on
Accreditation, in accordance with Section 44373, by selecting among
nominees submitted by a panel of distinguished educators.
   (e) Review periodic accreditation reports by the Committee on
Accreditation, and refer accreditation issues and concerns to the
committee for its examination and response.
   (f) Hear and resolve appeals of accreditation decisions, pursuant
to subdivision (e) of Section 44374.
   (g) Allocate resources annually for implementation of the
accreditation system.
   (h) With the Committee on Accreditation, jointly design an
evaluation of accreditation policies and their implementation
 , and jointly select an external evaluator to conduct the
evaluation, in accordance with Section 8 of the accreditation
framework that was in effect on June 30, 1993  .
   (i) Modify the accreditation framework in accordance with 
Section 8 of the framework that was in effect on June 30, 1993
  paragraph (4) of subdivision (a) of Section 44371
 .
   (j) Inform and advise the Legislature regarding statutory issues
related to accreditation, and submit legislative recommendations,
after considering the advice of the Committee on Accreditation,
educational institutions, and professional organizations.