Bill Text: CA AB2473 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2473

Bill Title: English Language Learner Acquisition and Development Pilot Program repeal: teacher credentialing authorizations: high school coursework and graduation requirements for pupils participating in a newcomer program.

Spectrum: Committee Bill

Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB2473 Detail]

Download: California-2023-AB2473-Amended.html

Amended IN Senate June 24, 2024

Amended IN Senate June 13, 2024

Amended IN Assembly April 30, 2024

Amended IN Assembly April 15, 2024

Amended IN Assembly April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2473

Introduced by Committee on Education

February 13, 2024

An act to amend ~~Section 44300 of,~~ Sections 44256 and 44274.2 of, to add Section 51225.25 to, ~~to add Article 15.5 (commencing with Section 44412) to Chapter 2 of Part 25 of Division 3 of Title 2 of,~~ and to repeal Chapter 5 (commencing with Section 420) of Part 1 of Division 1 of Title 1 of, the Education Code, and to repeal Section 143 of Chapter 44 of the Statutes of 2021, relating to pupil instruction, ~~making an appropriation therefor,~~ and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 2473, as amended, Committee on Education. English Language Learner Acquisition and Development Pilot Program repeal: ~~limited assignment permit extensions: supplementary authorization incentive grants:~~ teacher credentialing authorizations: high school coursework and graduation requirements for pupils participating in a newcomer program.

(1) Existing law establishes the English Language Learner Acquisition and Development Pilot Program, under the administration of the State Department of Education, as a 3-year competitive grant pilot project of 25,000 or more English language learners to be conducted during the 2007–08 to 2009–10, inclusive, school years. Under the program, grants are made to local educational agencies, as defined, to identify existing best practices regarding topics including, but not limited to, curriculum, instruction, and staff development for teaching English language learners and promoting English language acquisition and development. The program requires the Superintendent of Public Instruction to establish a 13-to-20 member advisory committee, with specified responsibilities.

This bill would repeal the statutes that establish the program.

(2)Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to issue only teaching and service credentials, with specified authorizations. Existing law authorizes the commission to issue or renew emergency teaching and specialist permits if certain conditions are met.
This bill would require the commission to authorize the holder of a general education single subject limited assignment permit that authorizes teaching in art, dance, music, or theater to extend the term of the permit, as specified, if the applicant makes certain verifications.
(3)Existing law establishes the Computer Science Supplementary Authorization Incentive Grant Program under the administration of the commission for the purpose of providing one-time grants to local educational agencies to support the preparation of credentialed teachers to earn a supplementary authorization in computer science and provide instruction in computer science coursework in settings authorized by the underlying credential. Existing law appropriates $15,000,000 from the General Fund to the commission for the program and makes those moneys available for encumbrance until June 30, 2026.
This bill would codify the program and extend the term of encumbrance to June 30, 2030. The bill would rename the program the Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program. Among other revisions to the program, the bill would provide one-time grants to local educational agencies to also support the preparation of credentialed teachers to earn a supplementary authorization in arts, dance, music, and theater. By expanding the purposes of an appropriation and extending the term of encumbrance, the bill would make an appropriation.
(2) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to issue only teaching and service credentials, with specified authorizations. Existing law provides authorization to the holder of a multiple subject or single subject teaching credential who has completed certain coursework at an institution of higher education in another commonly taught subject than the one for which they are currently certificated for, to teach that subject, as provided. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, verification of subject matter competence that is demonstrated through any one of a list of specified methods.
This bill would also provide authorization to the holder of a multiple or single subject teaching credential who has met subject matter competence, demonstrated through one of those methods referenced above, in another commonly taught subject than the one for which they are currently credentialed for, without taking the above-described coursework, to teach that subject, as provided.
(3) Existing law requires the commission to issue a preliminary multiple subject, single subject, or education specialist teaching credential to an out-of-state teacher who satisfies specified requirements, including having earned a valid corresponding elementary, secondary, or special education authorization based upon the out-of-state teacher preparation program.
If an out-of-state teaching credential authorizes the credentialholder to teach a commonly taught subject, in addition to the crendentialholder having earned a valid corresponding teaching authorization based upon the out-of-state teacher preparation program, this bill would require the commission to issue a preliminary multiple subject or single subject teaching credential along with an authorization to teach that commonly taught subject, as provided.

(4) Existing law requires local educational agencies to exempt a newcomer pupil, as defined, and who is in their 3rd or 4th year of high school from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements necessary to receive a diploma of graduation from high school, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s 4th year of high school. Existing law requires local educational agencies to comply with other procedures in relation to newcomer pupils, including, among other things, consultation and notice provisions. Existing law requires local educational agencies to issue, and new local educational agencies to accept, full or partial credit for all full or partial coursework satisfactorily completed by a newcomer pupil while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school, as provided.

This bill would require local educational agencies to comply with the above-described coursework exemptions, pupil consultation and notice requirements, acceptance of coursework completed at other schools, and other requirements for pupils participating in a newcomer program, as defined, who were enrolled before January 1, 2024, and would authorize local educational agencies to extend these provisions to other pupils participating in a newcomer program, as specified. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(6) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: ~~YES~~NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Chapter 5 (commencing with Section 420) of Part 1 of Division 1 of Title 1 of the Education Code is repealed.

SEC. 2.Section 44300 of the Education Code is amended to read:
44300.
(a)Commencing January 1, 1990, the commission may issue or renew emergency teaching or specialist permits in accordance with regulations adopted by the commission corresponding to the credential types specified in subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (b) of Section 44225, provided that all of the following conditions are met:
~~(1)The applicant possesses a baccalaureate degree conferred by a regionally accredited institution of higher education and has fulfilled the subject matter requirements of Section 44301.~~
~~(2)(A)The applicant passes the state basic skills proficiency test as provided for in Section 44252.~~
(B)Until July 1, 2024, the commission shall waive the basic skills proficiency requirement set forth in subparagraph (A) for the issuance of an emergency 30-day substitute teaching permit issued pursuant to Section 80025 of Title 5 of the California Code of Regulations. A waiver that is issued pursuant to this subparagraph may not be used to satisfy an applicable basic skills proficiency requirement for any other teaching credential, permit, or certificate.
~~(3)The commission approves the justification for the emergency permit submitted by the school district in which the applicant is to be employed. The justification shall include all of the following:~~
(A)Annual documentation that the district has implemented in policy and practices a process for conducting a diligent search that shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, advertising in local newspapers, and participating in job fairs in this state, but has been unable to recruit a sufficient number of certificated teachers, including teacher candidates pursuing full certification through internship, district internship, or other alternative routes established by the commission.
(B)A declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) and made in the form of a motion adopted by the governing board of the school district or the county board of education at a regularly scheduled meeting of the governing board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting.
~~(b)The commission may deny a request for an emergency permit that does not meet the justification set forth in subparagraph (A) of paragraph (3) of subdivision (a).~~
(c)It is the intent of the Legislature that the commission continue to issue emergency teaching permits to individuals employed by school districts defined in regulations as remote from regionally accredited institutions of higher education.
(d)The commission may issue and reissue emergency permits corresponding to the credential types specified in subparagraph (D) of paragraph (1) of subdivision (b) of Section 44225. The commission shall establish appropriate standards for each type of emergency permit specified in subparagraph (D) of paragraph (1) of subdivision (b) of Section 44225.
(e)The exclusive representative of certificated employees, if any, as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, may submit a written statement to the commission agreeing or disagreeing with the justification submitted to the commission pursuant to paragraph (3) of subdivision (a).
(f)A person holding an emergency teaching or specialist permit shall attend an orientation to the curriculum and to techniques of instruction and classroom management, and shall teach only with the assistance and guidance of a certificated employee of the district who has completed at least three years of full-time teaching experience, or the equivalent thereof. It is the intent of the Legislature to encourage districts to provide directed teaching experience to new emergency permitholders with no prior teaching experience.
(g)The holder of an emergency permit shall participate in ongoing training, coursework, or seminars designed to prepare the individual to become a fully credentialed teacher or other educator in the subject area or areas in which the individual is assigned to teach or serve. The employing agency shall verify that employees applying to renew their emergency permits are meeting these ongoing training requirements.
~~(h)Emergency permits for pupil personnel services shall not be valid for the purpose of determining pupil eligibility for placement in a special education class or program.~~
(i)This section shall not apply to the issuance of an emergency substitute teaching permit, or of an emergency permit to a teacher who has consented to teach temporarily outside of their field of certification, for which the commission shall establish minimum requirements.
(j)The commission may issue a one-year emergency specialist teaching permit in early childhood education that authorizes teaching all subjects in a self-contained transitional kindergarten general education classroom, as defined in Section 48000, provided that all of the following conditions are met:
(1)The applicant possesses a baccalaureate or higher degree conferred by a regionally accredited institution of higher education and holds a valid commission-issued child development permit at the teacher or higher level.
~~(2)The applicant satisfies the subject matter requirement by one of the following options:~~
~~(A)Commencing July 1, 2022, completes 24 semester units of coursework in child development or early childhood education at a regionally accredited institution of higher education.~~
(B)Commencing July 1, 2022, holds a baccalaureate or higher degree conferred by a regionally accredited institution of higher education where the major is in child development, or early childhood education, or a similar major.
(C)Commencing July 1, 2023, has three or more years of full-time teaching experience in a transitional kindergarten setting, or preschool age early childhood or child development program, or a combination thereof. Experience may include, but shall not be limited to, teaching experience in a public or private preschool or transitional kindergarten setting, Head Start program, or state-funded preschool program. For the purposes of this subparagraph, “teaching” shall mean the lead or primary classroom teacher, and not teaching done in support of another lead or primary classroom teacher.
(3)The commission approves the justification for the emergency permit submitted by the local employing agency in which the applicant is to be employed. The justification shall include all of the following:
(A)Annual documentation that the local employing agency has implemented in policy and practices a process for conducting a diligent search that shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, advertising in local newspapers or online web pages, and participating in job fairs in this state, but has been unable to recruit a sufficient number of certificated teachers, including teacher candidates pursuing full certification through internship, district internship, or other alternative routes established by the commission.
(B)A declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) and made in the form of a motion adopted by the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting.
~~(C)(i)Verification that the employing charter school, school district, or county shall provide the required orientation, mentoring, and support to the applicant.~~
(ii)The local employing agency shall report to the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education on the required orientation, mentoring, and support provided to the applicants.
~~(k)The commission may renew an emergency specialist teaching permit in early childhood education for one additional year, provided all of the following conditions are met:~~
~~(1)The applicant verifies current enrollment in a commission-approved teacher preparation program that will result in a credential authorizing teaching transitional kindergarten.~~
(2)The local employing agency submits a subsequent declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) of paragraph (3) of subdivision (j) made in the form of a motion adopted by the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting.
~~(3)The local employing agency verifies that the applicant continues to successfully serve in the assignment on the basis of the emergency permit.~~
~~(4)(A)The local employing agency verifies that continued orientation, mentoring, and support shall be provided to the applicant.~~
(B)The local employing agency shall report to the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education on the required orientation, mentoring, and support provided to the applicant.
(l)The commission shall authorize the holder of a general education single subject limited assignment permit authorizing teaching in art, music, theater, or dance an extension of time pursuant to subdivision (a) of Section 80523 of Title 5 of the California Code of Regulations, as it read on January 1, 2024, if the applicant verifies both of the following:
(1)Enrollment in a minimum of six units of coursework at a regionally accredited institution of higher education that meets the subject matter requirements for a supplementary authorization in the subject area of the permit.
~~(2)(A)Satisfactory performance at the employing local educational agency that requested the permit during the period that the permit is valid.~~
(B)Subparagraph (A) may be satisfied by a statement from the employing local educational agency’s human resources office, the school principal, or the superintendent of the local educational agency, or by performance evaluations.
SEC. 3.Article 15.5 (commencing with Section 44412) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:
15.5.Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program
44412.
~~This article shall be known, and may be cited, as the Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program.~~
44413.
(a)For the 2021–22 fiscal year, the sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund to the commission for the Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program. This funding shall be available for encumbrance until June 30, 2030.
(b)The Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program is hereby established for the purpose of providing one-time grants to local educational agencies to support the preparation of credentialed teachers to earn a supplementary authorization in computer science, art, dance, music, and theater, and provide instruction in computer science and visual and performing arts coursework in settings authorized by the underlying credential.
(c)The commission shall approve applications submitted by local educational agencies that meet the criteria established by the commission pursuant to paragraph (1) of subdivision (e). To the extent that funds are available, the commission shall allocate funds to participating local educational agencies for each approved application.
(d)A participating teacher is eligible to receive an award of up to five thousand dollars ($5,000) from the Computer Science and Visual and Performing Arts Supplementary Authorization Incentive Grant Program.
~~(e)The commission shall do all of the following:~~
~~(1)Establish grant criteria for local educational agencies.~~
~~(2)Issue a request for proposal to all local educational agencies to solicit applications for funding.~~
~~(3)Accept grant applications from participating local educational agencies until funds are fully expended.~~
~~(4)Review applications and verify that each proposed participant teacher holds a valid credential.~~
~~(5)Allocate grants to participating local educational agencies for the purpose of paying the teacher costs of coursework, books, fees, and tuition, as applicable.~~
~~(6)Give priority to grant applications for teachers that provide instruction at either of the following:~~
~~(A)A school operating within a rural district.~~
~~(B)A school with a higher share than other applicants of unduplicated pupils, as defined in Section 42238.02.~~
~~(f)In selecting grant recipients, the commission shall require each applicant to, at a minimum, do all of the following:~~
~~(1)Identify the teachers employed by the local educational agency who have been selected to participate in the incentive grant program.~~
~~(2)Identify the number of coursework credits required for each selected teacher to earn a supplementary authorization in computer science, art, dance, music, or theater.~~
~~(3)Provide an estimated cost for the required coursework, books, fees, tuition, and release time, as applicable.~~
~~(4)Provide an in-kind match of release time or substitute teacher costs for the participating teacher.~~
(5)Report to the commission on or before August 30 of the second year after receiving a grant award the number of new computer science and visual and performing arts courses offered at the school being taught by a teacher who participated in the incentive grant program.
~~(g)The awards allocated pursuant to this section shall not be subject to local educational agency indirect costs.~~
(h)(1)On or before April 1 of each year until the fiscal year following final disbursement of the grant funds, the commission shall report to the fiscal committees of the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the program, including, but not limited to, all of the following:
~~(A)The number of participating local educational agencies.~~
~~(B)The number of grants issued.~~
~~(C)The number of computer science, art, dance, music, or theater supplementary authorizations issued.~~
~~(D)The number of new computer science and visual and performing arts courses reported by grant recipients.~~
~~(2)A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.~~
(i)For purposes of this section, “local educational agency” means a school district, county office of education, county superintendent of schools, state-operated education program, including a state special school, an education program providing instruction in kindergarten or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services, or a regional occupational center or program operated by a joint powers authority or county office of education.
(j)The department shall update the department’s internet website regarding the Arts and Music in Schools--Funding Guarantee and Accountability Act (Chapter 5.1 (commencing with Section 8820) of Part 6 of Division 1 of Title 1) to provide guidance and clarification regarding the existing credential pathways and grant funding available for teaching visual and performing arts.
(k)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2020–21 fiscal year.

SEC. 2.

Section 44256 of the Education Code is amended to read:

44256.

Authorization for teaching credentials shall be of four basic kinds, as defined below:

(a) (1) “Single subject instruction” means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools. The holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential, as defined in this subdivision, who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, or (B) has been verified as having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, shall be eligible to have this subject appear on the credential as an authorization to teach this subject. The commission, by regulation, may require that evidence of additional competence is a condition for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the single subject credential on the basis of specialized needs. For purposes of this subdivision, a special secondary teaching credential means a special secondary teaching credential issued on the basis of at least a baccalaureate degree, a student teaching requirement, and 24 semester units of coursework in the subject specialty of the credential.

(2) For purposes of this subdivision, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours requirement.

(b) (1) “Multiple subject instruction” means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education.

(2) The holder of a multiple subject teaching credential or a standard elementary credential who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 9 and ~~below~~ below, or (B) has been verified as having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 9 and below, shall be eligible to have that subject appear on the credential as authorization to teach the subject in departmentalized classes in grades 9 and below. The governing board of a school district by resolution may authorize the holder of a multiple subject teaching credential or a standard elementary credential to teach any subject in departmentalized classes to a given class or group of pupils below grade 9, provided that the teacher has completed at least 12 semester units, or six upper division or graduate units, of coursework at a regionally accredited institution of higher education in each subject to be taught. The authorization shall be with the teacher’s consent. However, the commission, by regulation, may provide that evidence of additional competence is necessary for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the multiple subject credential on the basis of specialized needs.

(3) For purposes of this subdivision, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours or 12 semester units requirements.

(c) “Specialist instruction” means any specialty requiring advanced preparation or special competence, including, but not limited to, reading specialist, mathematics specialist, specialist in special education, or early childhood education, and such other specialties as the commission may determine.

(d) “Designated subjects” means the practice of assignment of teachers and pupils to designated technical, trade, or career technical courses which courses may be part of a program of trade, technical, or career technical education.

SEC. 3.

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 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, or shall allow the candidate to demonstrate the area of concentration based on two years of experience in California, while the candidate holds the preliminary credential.

(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 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 necessarily limited to, two satisfactory performance evaluations, and documents, in a manner prescribed by the commission, that the applicant has met the state requirements for teaching English learners, including, but not necessarily limited to, the requirements in Section 44253.3 or 44259.5.

(d) For applicants who do not meet the experience requirement described in subdivision (c), the commission shall issue a 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). However, an out-of-state prepared applicant in both special education and general education, who has earned a clear California education specialist credential, shall be granted a clear multiple subject or clear single subject teaching credential without first holding a preliminary multiple subject or single subject teaching credential, unless the commission determines that the applicant does not meet the other requirements of this subdivision.

(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 learners, including, but not necessarily limited to, the requirements in Section 44253.3 or 44259.5.

(e) If an out-of-state teaching credential authorizes the credentialholder to teach a commonly taught subject, in addition to the authorization described in paragraph (4) of subdivision (a), the commission shall issue the multiple subject or single subject teaching credential along with an authorization to teach that subject consistent with subdivisions (a) and (b) of Section 44256.

SEC. 4.

Section 51225.25 is added to the Education Code, to read:

51225.25.

(a) A “pupil participating in a newcomer program,” as defined in Section 51225.2, as that section read on January 1, 2023, who was enrolled before January 1, 2024, is entitled to the rights in Sections 51225.1 and 51225.2.

(b) Except as provided in subdivision (a), a local educational agency may, in its discretion, extend the rights in Sections 51225.1 and 51225.2 to a “pupil participating in a newcomer program,” as defined in Section 51225.2, as that section read on January 1, 2023.

SEC. 5.

Section 143 of Chapter 44 of the Statutes of 2021 is repealed.

SEC. 6.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 7.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that “a pupil participating in a newcomer program,” as defined in Section 51225.2 of the Education Code, as that section read on January 1, 2023, maintains certain educational rights in the 2024–25 school year as provided in Section 4 of this act, it is necessary that this act take effect immediately.