BILL NUMBER: AB 1197 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2000
AMENDED IN SENATE SEPTEMBER 8, 1999
AMENDED IN SENATE AUGUST 25, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JULY 12, 1999
AMENDED IN SENATE JUNE 30, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY APRIL 27, 1999
AMENDED IN ASSEMBLY APRIL 6, 1999
INTRODUCED BY Assembly Member Firebaugh
(Coauthors: Assembly Members Honda, Kuehl, and Romero)
(Coauthor: Senator Vasconcellos)
FEBRUARY 26, 1999
An act to add and repeal Article 14 (commencing with
Section 44410) to Chapter 2 of Part 25 of the Education Code,
relating to teacher training. amend Section 89706 of,
and to add Section 76140.1 to, the Education Code, relating to public
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1197, as amended, Firebaugh. Teacher training:
California Teacher Training Grant Program Public
postsecondary education: residency .
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law authorizes community college districts to admit, and
charge a tuition fee for, nonresident students in accordance with
specified criteria.
Existing law establishes the California State University, and
authorizes the operation of its various campuses under the
administration of the Trustees of the California State University.
Existing law authorizes the trustees, on the basis of demonstrated
financial need and scholastic achievement, to waive entirely, or
reduce below the minimum rate, the tuition fee of a nonresident
student, as defined.
Existing law prescribes residency requirements for students at
public institutions of postsecondary education, including, among
others, the campuses of the California Community Colleges and the
California State University. With respect to alien students,
existing law specifies that an alien, including an unmarried minor
alien, may establish his or her residence unless precluded by the
federal Immigration and Nationality Act from establishing domicile in
the United States.
This bill would require that a person, including an alien
precluded from establishing California residency because of federal
law, who has attended high school in California for 3 or more years,
who has graduated from a California high school, who continues his or
her education at a California institution of higher education within
one year of high school graduation or on or before January 1, 2001,
and who presents documentation that he or she is lawfully in the
United States, or, if he or she is an alien precluded from
establishing California residency because of federal law, presents
documentation that he or she has initiated a petition or application
for lawful immigration status, or that a petition or application has
been initiated on his or her behalf, be exempted, under specified
circumstances, from paying nonresident tuition at the California
Community Colleges and the California State University. The bill
would request the Regents of the University of California to also
exempt these persons from paying nonresident tuition. The bill would
also make various technical and nonsubstantive changes to the
provisions relating to residency with respect to attendance at
campuses of the California Community Colleges and the California
State University.
Under existing law, there are various programs designed to promote
teacher training, including, the Paraprofessional Teacher Training
Program, the Alternative Certification, Program, the California
Center for Teaching Careers, the Assumption Program of Loans for
Educators, the Cal T Grant Program for teacher candidates, and the
California Mathematics Initiative.
This bill would enact the California Teacher Training Grant
program for the purpose of assisting the state in meeting the demand
for fully-credentialed teachers who specialize in teaching pupils in
kindergarten and grades 1 to 8, inclusive, of limited English
proficiency by providing financial assistance to local school
districts for the purpose of promoting teacher training to serve
pupils of limited English proficiency. The State Department of
Education would be required to administer the program, which would
award a block grant to school districts that meet certain conditions.
The bill would require school districts who wish to receive a block
grant to apply to the department on or before February 1, 2000, and
would require the State Department of Education to make
determinations regarding which school districts will receive a block
grant by June 1, 2000. Each school district that receives a block
grant would be authorized to award up to 500 grants, each in the
amount of $2,500, from the block grant received from the department,
along with a matching grant of $2,500 provided by school district
funds, for a total amount of $5,000 for each eligible grant
recipient.
The bill would prescribe the conditions for grant eligibility
under the program, and would require a grant recipient to enter into
a contract with the awarding school district, wherein the recipient
agrees to meet certain conditions, including, among others, that an
applicant must agree to pursue a course of study leading to a full
teaching credential. The bill would require school districts that
receive a block grant for this purpose to collect data and report on
various aspects of the program, including, among others, the overall
performance of grant recipients. The provisions of the bill would
remain in effect until January 1, 2003.
The bill would provide that certain funds appropriated to the
State Department of Education in the Budget Act of 1999 may be
allocated by the department for purposes of the bill.
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. Article 14 (commencing with Section
SECTION 1. Section 76140.1 is added to the Education Code, to
read:
76140.1. Notwithstanding any other provision of law:
(a) (1) Any person, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062,
who meets all of the requirements set forth in paragraph (2) is
exempt from nonresident tuition:
(2) (A) High school attendance in California for three or more
years.
(B) Graduation from a California high school.
(C) Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2001.
(D) Presentation of documentation that the person is lawfully in
the United States, or in the case of an alien precluded from
establishing California residency by reason of subdivision (h) of
Section 68062, presentation of documentation that a petition or
application for lawful immigration status has been initiated, either
by the person seeking the exemption from nonresident tuition or by
another person on behalf of the person seeking the exemption.
(b) For the purposes of this section:
(1) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
(2) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
(A) A photocopy of the petition or application.
(B) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.
(c) A student who is exempt from nonresident tuition pursuant to
this section may be reported by a community college district as a
full-time equivalent student for apportionment purposes.
SEC. 2. Section 89706 of the Education Code is amended to read:
89706. (a) The trustees may, on the basis of
demonstrated financial need and scholastic achievement, waive
entirely, or reduce below the rate, or the minimum rate, fixed by
Section 89705, the tuition fee of a nonresident student, as defined
in Section 68018, who is a citizen and resident of a foreign country,
who is an undergraduate student of exceptional scholastic ability
and prior scholastic achievement, and who is enrolled in a course of
study of no less than 10 semester units.
The
(b) The number of reductions and waivers granted by the
trustees under this section shall at no time exceed 71/2 percent of
the nonresident undergraduate students who are citizens and residents
of a foreign country, then enrolled in the California State
University.
(c) (1) Notwithstanding any other provision of law, any person,
including an alien precluded from establishing California residency
by reason of subdivision (h) of Section 68062, who meets all of the
requirements set forth in paragraph (2) is exempt from nonresident
tuition:
(2) (A) High school attendance in California for three or more
years.
(B) Graduation from a California high school.
(C) Continuation of his or her education at a California
institution of higher education within one year of high school
graduation or on or before January 1, 2001.
(D) Presentation of documentation that the person is lawfully in
the United States, or in the case of an alien precluded from
establishing California residency by reason of subdivision (h) of
Section 68062, presentation of documentation that a petition or
application for lawful immigration status has been initiated, either
by the person seeking the exemption from nonresident tuition or by
another person on behalf of the person seeking the exemption.
(3) For the purposes of this subdivision:
(A) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
(B) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
(i) A photocopy of the petition or application.
(ii) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.
SEC. 3. (a) The Legislature hereby requests the Regents of the
University of California to take action to exempt from nonresident
tuition any person, including an alien precluded from establishing
California residency by reason of subdivision (h) of Section 68062 of
the Education Code, who has attended high school in California for
three or more years, who has graduated from a California high school,
who continues his or her education at a California institution of
higher education within one year of high school graduation or on or
before January 1, 2001, and who presents documentation that he or she
is lawfully in the United States, or in the case of an alien
precluded from establishing California residency by reason of
subdivision (h) of Section 68062, presents documentation that he or
she has initiated a petition or application for lawful immigration
status, or that a petition or application for lawful immigration
status has been initiated on his or her behalf.
(b) For the purposes of this section:
(1) "A petition or application for lawful immigration status"
includes a petition or application in relation to which the person is
a derivative beneficiary.
(2) Documentation that a petition or application for lawful
immigration status has been initiated may include either or both of
the following:
(A) A photocopy of the petition or application.
(B) A letter or other document from the Immigration and
Naturalization Service or from another appropriate government agency,
or an affidavit from an attorney, indicating that the person is in
the process of petitioning or applying for lawful immigration status.
44410) is added to Chapter 2 of Part 25 of the
Education Code, to read:
Article 14. California Teacher Training Grant Program
44410. The Legislature finds and declares that:
(a) There is a growing shortage of credentialed professional
teachers trained to teach English to pupils of limited English
proficiency.
(b) Every child deserves quality early childhood experiences in
environments with teachers who address his or her intellectual,
social, emotional, physical, and cognitive needs.
(c) High turnover rates and unqualified teachers negatively impact
the learning abilities, self-esteem, and sense of security of young
children.
(d) Many hard-to-staff schools have high turnover rates and large
percentages of limited-English-proficiency pupils.
(e) There are currently few local school district incentives
targeting teacher education for this segment of the
limited-English-proficiency pupil population.
(f) Existing law requires, with certain exceptions, that children
in California public schools be taught English by being taught in
English.
44411. The California Teacher Training Grant program is hereby
established for the purpose of assisting the state in meeting the
demand for fully-credentialed teachers who specialize in teaching
pupils in kindergarten and grades 1 to 8, inclusive, of limited
English proficiency, by providing financial assistance to local
school districts for the purpose of promoting teacher training to
serve pupils of limited English proficiency.
44412. (a) The California Teacher Training Grant program shall be
administered by the State Department of Education, which shall award
a block grant, in an amount not to exceed one million two hundred
fifty thousand dollars ($1,250,000) to school districts that apply to
the department and that meet the following conditions:
(1) The school district demonstrate that it will provide matching
funds in the amount of the block grant provided by the department to
the school district.
(2) The school district has demonstrated a need to train teachers
toward credentialing and to serve limited-English-proficiency pupils.
(b) On or before February 1, 2000, a school district shall submit
an application to the department, requesting a block grant, and the
department shall make determinations regarding which school districts
will receive block grants by June 1, 2000.
(c) Each school district that receives a block grant pursuant to
subdivision (b) shall award up to 500 grants, each in the amount of
twenty-five hundred dollars ($2,500), from the block grant received
from the department, along with a matching grant of twenty-five
hundred dollars ($2,500), provided by school district funds, for a
total amount of five thousand dollars ($5,000) for each eligible
grant recipient.
44413. Eligible grant recipients include college seniors, college
graduates, paraprofessionals, and emergency credentialed teachers
who meet the requirements for entering a teacher credentialing
program and who meet the requirements of Section 44415.
44415. To receive a grant under this article, a participant shall
apply to a school district and shall enter into a contract with the
awarding school district, whereby the participant agrees to meet all
of the following conditions and to comply with regulations determined
by the local school district:
(a) To enroll in a district-approved and Commission on Teacher
Credentialing-approved teacher preparation program.
(b) To pursue a course of study leading to a full teaching
credential as certified by the Commission on Teacher Credentialing.
(c) To maintain full-time enrollment and satisfactory academic
progress as defined by the postsecondary educational institution with
which the local district has developed a credentialing program
approved by the Commission on Teacher Credentialing.
(d) To comply with the requirements of Article 15 (commencing with
Section 69810) of Chapter 2 of Part 42.
(e) Upon successful completion of all requirements for full
teacher credentials, agree to teach pupils who are limited English
proficient for two school calendar years in a hard-to-staff school.
A "hard-to-staff school" is defined as a school having 25 percent or
more emergency credentialed teachers in the school teacher force.
(f) To apply the grant toward the cost of tuition, books, and
other materials needed in a teacher training program that has been
approved by the awarding school district.
44416. A school district that participates in this grant program
shall collect data and report the following information, on or before
January 1, 2003, to the State Department of Education, the
Commission on Teacher Credentialing, and the Student Aid Commission:
(a) The demographic and statistical profile of grant recipients.
(b) The overall performance of those recipients.
(c) The status of teacher credentialing programs with
participating postsecondary educational institutions.
(d) Needs assessment for future grants based on the eligible pool
of applicants, the number of credentialed teachers trained to teach
limited-English-proficiency pupils, and the expected number of
limited-English-proficient pupils for the next calendar school year.
(e) Application procedures and selection criteria for individual
award recipients.
44417. In the event that a grant recipient fails to satisfy the
conditions set forth in Section 44412, he or she shall repay the
school district for the full amount of the grant received.
44418. The funds appropriated in Item 6110-125-0001 of Section 2
of the Budget Act of 1999 (Ch. 50, Stats. 1999) for English Language
Learning Teaching Assistance may be allocated by the department for
the purposes of this article.
44419. The article shall remain in effect until January 1, 2003,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2003, deletes or extends that date.