Bill Text: CA SB1329 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elementary and secondary education: omnibus.
Spectrum: Committee Bill
Status: (Enrolled) 2024-08-28 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. [SB1329 Detail]
Download: California-2023-SB1329-Amended.html
the purpose purposes of administering this article. The information shall not be used for any other purpose or given or transferred to any other person or agency.
Section 33050.3 of the Education Code is repealed.
Section 44202 of the Education Code is amended to read:
Section 44225.4 of the Education Code is repealed.SEC. 11. Section 44230 of the Education Code is amended to read: 44230.
Section 44235.4 of the Education Code is repealed.
Section 44252.7 of the Education Code is repealed.
Section 44258.10 of the Education Code is amended to read:
Section 44259.2 of the Education Code is amended to read:
Section 44266.5 of the Education Code is repealed.
Section 44270 of the Education Code is amended to read:
Section 44614 of the Education Code is amended to read:
Section 45036 of the Education Code is amended to read:
Section 48901.1 of the Education Code is amended to read:
Section 52183 of the Education Code is amended to read:
Section 87448 of the Education Code is amended to read:
Section 87783 of the Education Code is amended to read:
Section 11146 of the Penal Code is amended to read:
Section 10384.5 of the Welfare and Institutions Code is amended to read:
Section 112 of Chapter 48 of the Statutes of 2023, as amended by Section 25 of Chapter 194 of the Statutes of 2023, is amended to read:
Bill Title: Elementary and secondary education: omnibus.
Spectrum: Committee Bill
Status: (Enrolled) 2024-08-28 - Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. [SB1329 Detail]
Download: California-2023-SB1329-Amended.html
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Amended
IN
Assembly
August 22, 2024 |
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Amended
IN
Senate
April 08, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1329
| Introduced by Committee on Education (Senators Newman (Chair), Cortese, Glazer, Gonzalez, Ochoa Bogh, Smallwood-Cuevas, and Wilk) |
February 16, 2024 |
An act to amend Sections 1732, 1742, 1753, 1762, 1770, 1771, 8302, 19341, 19342, 19343, 19344, 44202, 44230, 44258.10, 44259.2, 44270, 44614, 45036, 48901.1, 52183, 87448, and 87783 of, and to repeal Sections 33050.3, 44225.4, 44235.4, 44252.7, and 44266.5 of, the Education Code,
to amend Section 11146 of the Penal Code, to amend Section 10384.5 of the Welfare and Institutions Code, and to amend Section 112 of Chapter 48 of the Statutes of 2023, relating to elementary and secondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 1329, as amended, Committee on Education.
Elementary and secondary education: omnibus.
(1) 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 makes various references to credentials and other authorizations issued by the State Board of Education or the Commission for Teacher Preparation and Licensing, or just the Commission for Teacher Preparation and Licensing, as specified.
This bill would instead only reference the Commission on Teacher Credentialing for those credentials and other authorizations.
(2) Existing law authorizes county superintendents of schools, with the approval of the county board of education, to employ one or more supervisors of health, contract with the county board of supervisors or
with any local health district, or enter an agreement with the governing board of any school district under their jurisdiction to provide health services to pupils in certain elementary school districts, high school districts, and unified school districts, as specified. Existing law requires those services to be performed by persons who hold a valid health and development credential, or life diploma based thereon, or a services credential with a specialization in health, as provided, but authorizes a psychologist to be employed to perform psychological services or to perform psychological services under contract if they are the holder of a valid school psychologist credential issued by the state board.
This bill would, among other things, delete that latter authorization regarding psychologists.
(3) Existing law
establishes the Local Public Library Partnership Program, under the administration of the State Librarian, for purposes of ensuring that all pupils have access to a local public library by 3rd grade.
Existing law defines “student success card” for purposes of the program to mean a card issued by a local public library that provides access to library services, including, among other things, online tutoring.
The bill would revise the definition of “student success card” to specify that library services instead include online tutoring, where available.
Existing law requires the State Librarian, among other things, to (A) coordinate with each local public library to
determine the most effective means to ensure each pupil in each local educational agency, as defined, is issued a student success card by 3rd grade and (B) ensure, on or before January 1, 2026, that partnerships between local public libraries and local educational agencies have been established to enable each pupil enrolled at a schoolsite of each local educational agency to be issued a student success card by 3rd grade, as provided.
This bill would, among other things, revise those requirements by requiring the State Librarian to instead (A) coordinate with each local public library to determine the most effective means to ensure each pupil in each local educational agency is instead provided with the opportunity to obtain a student success card by 3rd grade and (B) ensure that partnerships between local public libraries and local educational agencies have been established to enable each pupil enrolled at a schoolsite of each local educational agency to be provided
with the opportunity to obtain a student success card by 3rd grade, as provided.
Existing law authorizes a local educational agency to disclose, consistent with federal law, directory information, as defined, to the State Librarian for purposes of administering the program.
This bill would authorize a local educational agency to instead disclose, consistent with federal law, directory information to both the State Librarian and a local public library for purposes of administering the program.
(3)
(4) Existing law authorizes the Commission on Teacher Credentialing,
in order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents, to receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the information set forth in that application. For purposes of these provisions, existing law defines “agency” to mean a school district, county office of education, or institution of higher education having a commission-approved program of professional preparation.
This bill would include the status of the application in those authorized transmissions, and would add charter schools to the definition of “agency” for purposes of those provisions. transmissions.
(4)
(5) Existing law requires the commission to waive the requirements for completion of a program of professional preparation for any individual with a minimum of 6 years of full-time teaching experience in an accredited private school, as determined by the commission, in the subject and level of the credential sought, who complies with specified requirements.
This bill would require the teaching experience in an accredited private school to instead be at a regionally accredited private school.
(5)
(6) Existing law prescribes the minimum requirements for the preliminary services credential with a specialization in administrative services, including, among other requirements, (A) the completion of a minimum of 3 years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status or 3 years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services, and (B) current employment in an administrative position after completion of professional preparation, whether full or part time, in a public school or private school of equivalent status.
This bill would require the classroom teaching experience at a private school, and current employment in an administrative position at a private school, to instead have been at or be at, a regionally accredited private school.
(6)
(7) Existing law, for the 2023–24 fiscal year, requires the Superintendent of Public Instruction to allocate $10,000,000 to the commission to establish the Diverse Education Leaders Pipeline Initiative program, and provides that the purpose of the program is to train, place, and retain diverse and culturally responsive administrators in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to improve pupil outcomes and meet the needs of California’s education workforce. Existing law prescribes certain goals for the program, including, among others, mitigating or removing administrator credentialing costs for aspiring public school administrators for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and administrator preparation and induction programs.
This
bill would clarify that goal and provisions regarding the permissible uses of funding allocated pursuant to the program for administrator candidates.
(7)
(8) This bill would also delete obsolete provisions, correct cross-references, and make other nonsubstantive changes.
(9) This bill would incorporate additional changes to Section 44270 of the Education Code proposed by AB 2725 to be operative only if this bill and AB 2725 are enacted and this bill is enacted last.
(10) This bill would incorporate additional changes to Section 48901.1 of the Education Code proposed by AB 2711 to be operative only if this bill and AB 2711 are enacted and this bill is enacted last.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1732 of the Education Code is amended to read:1732.
The services described in Sections 1730 and 1731 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing that service.SEC. 2.
Section 1742 of the Education Code is amended to read:1742.
The services described in Sections 1740 and 1741 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the service.SEC. 3.
Section 1753 of the Education Code is amended to read:1753.
The services described in Sections 1750, 1751, and 1752 shall be performed by persons who hold a valid health and development credential, or life diploma based thereon, or a services credential with a specialization in health issued by the Commission on Teacher Credentialing.SEC. 4.
Section 1762 of the Education Code is amended to read:1762.
The services described in Sections 1760 and 1761 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the services.SEC. 5.
Section 1770 of the Education Code is amended to read:1770.
(a) The county superintendent of schools may, with the approval of the county board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian entered into pursuant to Article 4 (commencing with Section 18130) of Chapter 2 of Part 11. Thereafter, the county superintendent of schools shall generally perform the library services for the school districts or community college districts that were previously performed by the county library.(b) After the above agreement has been entered into, the governing board of any district that had not yet joined the county library may enter into an agreement with the county superintendent of schools for the performance of school library services upon the terms and conditions fixed in the contracts or agreements.
(c) Whenever the county superintendent of schools performs school library services for any district, the provisions of
Article 4 (commencing with Section 18130) of Chapter 2 of Part 11, so far as applicable, shall control. The county superintendent of schools shall employ a librarian holding a valid credential authorizing services as a librarian issued by the Commission on Teacher Credentialing. The county superintendent of schools shall also employ the assistants that may be necessary to carry on this service. The cost of the salaries of the librarian and assistants, and the other necessary expenses of maintenance of the library, including necessary supplies, equipment, and books, may be paid from the county school service fund.
SEC. 6.
Section 1771 of the Education Code is amended to read:1771.
(a) The county superintendent of schools of any county in which no county library is maintained may, with the approval of the county board of education, establish and maintain a county school library service for elementary school districts of the county that elect to participate in that service.(b) Upon the governing board of any elementary school district electing to participate in that service, the governing board of the elementary school district shall enter into an agreement with the county superintendent of schools, and the provisions of Article 4 (commencing with Section 18130) of Chapter 2 of Part 11 shall control and be applicable in the
same manner as they apply to a school district that enters into an agreement for school library services from the county library.
(c) The county superintendent of schools shall have the same powers, duties, responsibilities, and jurisdiction with respect to the furnishing and performance of library services to elementary school districts that have elected to participate in the county school library service as may be exercised by a county library with respect to school library services.
(d) Whenever the county superintendent of schools establishes and maintains a county school library service pursuant to subdivision (a), the county superintendent of schools shall employ a librarian holding a valid credential authorizing service as a school librarian issued by the Commission
on Teacher Credentialing.
(e) The county superintendents of schools of two or more contiguous counties that have established county school library services pursuant to this section may cooperate with each other and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out
this section.
SEC. 7.
Section 8302 of the Education Code is amended to read:8302.
Each county board of education, city and county board of education, or community college governing board may issue temporary certificates for the purpose of authorizing salary payments to preschool employees whose child development permit applications are being processed. The applicant for the temporary certificate shall make a statement under oath that the applicant has duly filed their application for a permit, together with the required fee, and that to the best of their knowledge no reason exists why they should not be issued a permit. The temporary certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission on Teacher Credentialing.SEC. 8.
Section 19341 of the Education Code is amended to read:19341.
For purposes of this article, the following definitions apply:(a) “Local educational agency” means a school district, county office of education, or charter school.
(b) (1) “Local public library” means a public library formed pursuant to this part that is located within the elementary school attendance area in which a schoolsite of a local educational agency is located.
(2) If no public library is located within the elementary school attendance area in which a schoolsite of a local educational agency is located, the closest public library formed pursuant to this part that is within the elementary or unified school district in which a
schoolsite is located shall be considered the local public library.
(3) If no public library is located within the elementary or unified school district in which a schoolsite of a local educational agency is located, the closest public library formed pursuant to this part that is within the county in which a schoolsite is located shall be considered the local public library.
(c) “Student success card” means a card issued by a local public library that provides access to library services, including, but not limited to, all of the following:
(1) Collections that support school curriculum as well as pupil leisure reading, online research, and learning resources maintained by local public libraries and the California State Library.
(2) Online tutoring.
tutoring, where available.
(3) Digital content from the California State Library’s K–12 Online Resources Project.
SEC. 9.
Section 19342 of the Education Code is amended to read:19342.
(a) The State Librarian shall offer resources to assist each local public library to find student success card dispensing strategies that work best for their communities.(b) The State Librarian shall coordinate with each local public library to determine the most effective means to ensure each pupil in each local educational agency is issued provided with the opportunity to obtain a student success card by third grade, including, but not limited to, by working with a school administrator or school librarian.
(c) On or before January 1, 2026, the State Librarian shall ensure that partnerships between local public libraries and local educational agencies have been established to enable each pupil enrolled at a schoolsite of each local educational agency to be issued provided with the opportunity to obtain a student success card by third grade.
SEC. 10.
Section 19343 of the Education Code is amended to read:19343.
(a) Notwithstanding Section 10231.5 of the Government Code, the State Librarian shall, on or before January 1, 2029, and by each January 1 thereafter, report to the Legislature all of the following information:(1) The number of third grade pupils who have been issued obtained a student success card.
(2) The number of third grade pupils who received local public library access as a result of the partnerships developed pursuant to this article.
(3) The number of new summer readers each local public library received during the summer months each year.
(4) Any measurable increases to the use of other library resources as a result of the partnerships developed pursuant to this article.
(b) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 11.
Section 19344 of the Education Code is amended to read:19344.
Consistent with Section 99.37 of Title 34 of the Code of Federal Regulations, a local educational agency may disclose directory information, as defined in Section 49061, to the State Librarian and a local public library forSEC. 8.SEC. 12.
Section 33050.3 of the Education Code is repealed.SEC. 9.SEC. 13.
Section 44202 of the Education Code is amended to read:44202.
It is the intent of the Legislature that the commission shall exercise authority over all services provided to pupils in grade 12 or below. It is not the intent of the Legislature to authorize the commission to issue credentials authorizing service in grades 13 and 14, or in any institution of higher education.SEC. 10.SEC. 14.
Section 44225.4 of the Education Code is repealed.(a)(1)The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.
(2)Notwithstanding any other law, except as provided for in Sections 10871, 44230.6, and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.
(b)In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the status of, and information set forth in, that application. For purposes of this subdivision, “agency” means a school district, county office of education, charter school, or institution of higher education having a commission-approved program of professional preparation.
SEC. 15.
Section 44230 of the Education Code is amended to read:44230.
(a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.(2) Notwithstanding any other law, except as provided for in Sections 10871, 44230.6, and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.
(b) In order
to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the status of, and information set forth in in, that application. For purposes of this subdivision, “agency” means a charter school, school district, county office of education, nonpublic school or agency, or institution of higher education having a commission-approved program of professional preparation.
SEC. 12.SEC. 16.
Section 44235.4 of the Education Code is repealed.SEC. 13.SEC. 17.
Section 44252.7 of the Education Code is repealed.SEC. 14.SEC. 18.
Section 44258.10 of the Education Code is amended to read:44258.10.
(a) Notwithstanding paragraph (10) of subdivision (e) of Section 44258.9, for teachers employed by charter schools during the 2019–20 school year, the monitoring authority shall not be required, pursuant to paragraph (10) of subdivision (e) of Section 44258.9, to advise the charter school administrator to correct a misassignment until July 1, 2025.(b) This section shall become inoperative on July 2, 2025, and, as of January 1, 2026, is repealed.
SEC. 15.SEC. 19.
Section 44259.2 of the Education Code is amended to read:44259.2.
(a) Notwithstanding any other provision of this chapter, including, but not limited to, paragraph (3) of subdivision (b) of Section 44259, the commission shall waive the requirements for completion of a program of professional preparation for any individual with a minimum of six years of full-time teaching experience in a regionally accredited private school, as determined by the commission, in the subject and level of the credential sought, who complies with all of the following:(1) The individual submits evidence of two years of rigorous performance evaluations while teaching in an accredited private school, based on criteria determined by the
commission, on which the applicant received ratings of satisfactory or better.
(2) The individual meets the California requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341.
(3) The individual satisfies the requirement for preparation in the instruction of pupils who are English language learners in accordance with paragraph (4) of subdivision (b) of Section 44259 and subdivisions (a) and (c) of Section 44259.5.
(b) Notwithstanding any other provision of this chapter, including, but not limited to, paragraph (3) of subdivision (b) of Section 44259, the commission shall waive the requirements for completion of the professional field experience component of a program of professional preparation for
any individual with a minimum of three years of full-time teaching experience in an accredited private school, as determined by the commission, in the subject and level of the credential sought, who complies with all of the following:
(1) The individual submits evidence of two years of rigorous performance evaluations while teaching in an accredited private school, based on criteria determined by the commission, on which the applicant received ratings of satisfactory or better.
(2) The individual meets the California requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341.
SEC. 16.SEC. 20.
Section 44266.5 of the Education Code is repealed.SEC. 17.SEC. 21.
Section 44270 of the Education Code is amended to read:44270.
(a) The minimum requirements for the preliminary services credential with a specialization in administrative services are all of the following:(1) Possession of one of the following:
(A) A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching.
(B) A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the
candidate also possesses a baccalaureate degree.
(C) A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, as specified in Section 44266, 44267, 44267.5, or 44268, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269.
(D) A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C).
(2) Completion of a minimum of three years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in regionally
accredited private schools of equivalent status or three years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services.
(3) Completion of an entry-level program of specialized and professional preparation in administrative services approved by the commission or a one-year internship in a program of supervised training in administrative services, approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services.
(4) Current employment in an administrative position after completion of professional preparation as defined in paragraph (3), whether full or part time, in a public school or regionally accredited private school of equivalent status. The commission shall
encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment.
(b) The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable.
(c) A candidate who completed, by September 30, 1984, the requirements for the administrative services credential in effect on June 30, 1982, is eligible for the credential authorized under those requirements. All other candidates shall satisfy the requirements set forth in this section.
SEC. 21.5.
Section 44270 of the Education Code is amended to read:44270.
(a) The minimum requirements for the preliminary services credential with a specialization in administrative services are all of the following:(1) Possession of one of the following:
(A) A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching.
(B) A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses a baccalaureate degree.
(C) A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, as specified in Section 44266, 44267, 44267.5, or 44268, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269.
(D) A valid license to practice occupational therapy issued by the California Board of Occupational Therapy or a valid license to practice physical therapy issued by the Physical Therapy Board of California and verification of meeting a basic skills requirement as outlined in subdivision (b) of Section 44252.
(D)
(E) A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C).
(2) Completion of a minimum of three years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in regionally accredited private schools of equivalent status or status, three years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services.
services, or three years of experience as a school-based occupational therapist or physical therapist.
(3) Completion of an entry-level program of specialized and professional preparation in administrative services approved by the commission or a one-year internship in a program of supervised training in administrative services, approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services.
(4) Current employment in an administrative position after completion of professional preparation as defined in paragraph (3), whether full or part time, in a public school or regionally accredited private school of equivalent status. The commission shall
encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment.
(b) The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable.
(c) A candidate who completed, by September 30, 1984, the requirements for the administrative services credential in effect on June 30, 1982, is eligible for the credential authorized under those requirements. All other candidates shall satisfy the requirements set forth in this section.
SEC. 18.SEC. 22.
Section 44614 of the Education Code is amended to read:44614.
(a) The exchange of teachers with a foreign country pursuant to this article shall be conditioned upon the fact that the employing school district in California shall not be required to pay the salary of the teacher from the foreign country. Teachers employed by California school districts shall, while serving as teachers in a foreign country pursuant to this article, continue to receive from their employing school districts the full amounts of the regular salaries that would be payable to them if they were serving in the schools of the particular employing school districts, and the school district shall make all deductions provided by law for retirement purposes during that period.(b) The department may pay to the teachers from a foreign country employed by a school district in California pursuant to this article, part or all of the difference between the salary being paid to them by their respective foreign employers and the salary being paid by the California school district to the particular teachers with whom they are exchanged, as the department shall determine to be appropriate in each instance, except that no payment for these purposes to a foreign teacher shall exceed three thousand dollars ($3,000) in one school year, nor shall payments for these purposes be made to more than 500 teachers from foreign countries in any one fiscal year.
(c) The department may pay the travel expenses of teachers in the exchange program but those payments shall not be made to
more than 500 California teachers and 500 teachers from foreign countries in any one fiscal year, and those payments shall be for the actual expense involved in travel to and from the exchange assignments or for one thousand dollars ($1,000), whichever is the lesser amount.
(d) The commission shall establish minimum standards for credentials for exchange teachers from a foreign country and shall provide for the issuance of credentials to those teachers.
SEC. 19.SEC. 23.
Section 45036 of the Education Code is amended to read:45036.
(a) Whenever, on or after September 15, 1961, a person has rendered service in a position requiring certification qualifications, or the governing board of a school district has employed a person in a position requiring certification qualifications, or the county superintendent of schools has drawn an order for a warrant in favor of a person in a position requiring certification qualifications, for a period of service during which the person did not have a valid credential required for that position in force as required by law, and when as a result of that the employment of the person to render that service, the rendering of that service, the inclusion of the attendance of pupils taught by the person in the average daily attendance of the school district, or the drawing of the order warrant for the service of that person, is in violation of Section 46300, 44830, 45034, or any other provision of this code, that employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the commission approves the rendering of the service in accordance with this section.
(b) The commission shall adopt rules and regulations to establish procedures for a review in these cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the commission gives its approval to the rendering of the service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes.
(c) The commission shall not approve of the rendering of the service unless it determines that the person rendering the service had, in fact, the necessary qualifications, during the period of service in question, for the credential required by law for the position in which the service was rendered, and unless a valid credential required for the position has been
issued to
the person before the review and action by the commission.
SEC. 20.SEC. 24.
Section 48901.1 of the Education Code is amended to read:48901.1.
Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:(a) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b) A pupil enrolled in a
charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision is inoperative on July 1, 2029.
(c) Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in subdivision (a). This subdivision is inoperative on July 1, 2029.
(d) (1) A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports
from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in subdivision (a).
(2) A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1) and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
SEC. 24.5.
Section 48901.1 of the Education Code is amended to read:48901.1.
Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools:(a) (1) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion.
(b)
(2) A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This subdivision paragraph is inoperative on July 1, 2029.
(c)
(3) Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified described in paragraph (1). This paragraph is inoperative on July 1, 2029.
(d)(1)
(4) (A) A certificated or noncertificated employee may refer
a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts enumerated described in paragraph (1).
(2)
(B) A charter school administrator shall, within five business days, document the actions taken pursuant to paragraph (1)
subparagraph (A)
and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports.
(b) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure.
SEC. 21.SEC. 25.
Section 52183 of the Education Code is amended to read:52183.
The department shall establish minimum requirements for teachers who may wish to participate in the program, including, but not limited to, the following requirements:(a) That the teacher is working in a bilingual classroom serving pupils of limited-English-proficiency and is under a bilingual teacher waiver issued pursuant to Section 52178.
(b) That the teacher’s waiver application includes a certification by an assessor agency approved by the Commission on Teacher Credentialing issued pursuant to Section 52178.
(c) That the teacher is
enrolled and participating in a program leading to a bilingual specialist credential or a certificate of competence for bilingual-crosscultural instruction pursuant to Section 44253.5.
(d) That the teacher demonstrates the ability and commitment to meet the requirements of the certificate of competence within the time period specified in Section 52178.
SEC. 22.SEC. 26.
Section 87448 of the Education Code is amended to read:87448.
(a) A physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse who is not employed in that capacity by the State Department of Public Health, shall not be, and any other person shall not be, employed or permitted to supervise the health and physical development of students unless they hold a services credential with a specialization in health or a valid credential issued before November 27, 1970, or unless they meet applicable minimum qualifications established by the board of governors.(b) Any psychologist employed pursuant to this section shall hold a school psychologist
credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, a services credential issued by the board of governors or the Commission on Teacher Credentialing or meet applicable minimum qualifications established by the board of governors.
(c) An authorization for service as a school nurse shall not authorize teaching services unless the individual is qualified for faculty service pursuant to minimum qualifications established by the board of governors.
(d) A physician employed by a community college district to perform medical services on a halftime or greater than halftime basis shall hold a valid
certificate to practice medicine and surgery issued by the Medical Board of California or the Osteopathic Medical Board of California. The qualifications for a physician employed for less than halftime shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California.
SEC. 23.SEC. 27.
Section 87783 of the Education Code is amended to read:87783.
(a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with them to their second position:(1) Any academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools.
(2) Any certificated employee of any county superintendent of schools who accepts an academic position in a community college district or office of another county superintendent of schools.
(3) Any
person employed by the board of governors in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts an academic position in a community college district or a position requiring certification qualifications in the office of any county superintendent of schools.
(4) Any certificated employee of the Commission on Teacher Credentialing who accepts an academic position in any community college district.
(b) The amount of leave to be transferred pursuant to this section shall be determined in the same manner as provided in Section 87782. All other provisions of Section 87782 shall also apply to the employees and employers described in this section.
SEC. 24.SEC. 28.
Section 11146 of the Penal Code is amended to read:11146.
This chapter applies to:(a) The Commission on Teacher Credentialing, in licensing of all teaching and services credential applicants, pursuant to Section 44341 of the Education Code.
(b) The State Department of Social Services in licensing those community care facility operators providing services to children as mandated in Section 1522 of the Health and Safety Code.
(c) The county welfare department in carrying out its approval authority for relative and nonrelative extended family member foster care placements pursuant to Section 309
of the Welfare and Institutions Code.
SEC. 25.SEC. 29.
Section 10384.5 of the Welfare and Institutions Code is amended to read:10384.5.
Each county board of education, city and county board of education, or community college governing board may issue temporary certificates for the purpose of authorizing salary payments to child development employees whose child development permit applications are being processed. The applicant for the temporary certificate shall make a statement under oath that the employee has duly filed their application for a permit, together with the required fee, and that to the best of their knowledge no reason exists why the employee should not be issued a permit. The temporary certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission on Teacher Credentialing.SEC. 26.SEC. 30.
Section 112 of Chapter 48 of the Statutes of 2023, as amended by Section 25 of Chapter 194 of the Statutes of 2023, is amended to read:Sec. 112.
(a) For the 2023–24 fiscal year, the Superintendent of Public Instruction shall allocate the sum of ten million dollars ($10,000,000) from the funding appropriated in Provision 3 of Item 6100-488 of the Budget Act of 2023 to the Commission on Teacher Credentialing to establish the Diverse Education Leaders Pipeline Initiative program, as set forth in this section.(b) The purpose of the program is to train, place, and retain diverse and culturally responsive administrators in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to improve pupil outcomes and meet the needs of California’s education workforce. The program shall have the following goals:
(1) Increasing diversity among public school administrators for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to promote school environments that better represent and reflect the diversity of the pupils served.
(2) Cultivating culturally responsive public school administrators for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, through professional development that centers diversity, equity, and inclusion.
(3) Mitigating or removing preliminary administrator credentialing costs for aspiring public school administrators for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, and administrator preparation and induction programs for administrator
candidates.
(4) Promoting improved academic and school climate outcomes for all pupils, especially historically underserved pupil subgroups.
(5) Tracking and publicly reporting recruitment, retention, and demographic data for educators that benefit from this program to inform policy, legislation, and practice.
(6) Build capacity and partnerships between local educational agencies, nonprofit educational service providers, and institutions of higher education to meet the needs of administrator candidates with a focus on improving outcomes for pupils and strengthening California’s educator workforce.
(7) Increasing quality school administrators statewide and incorporating
culturally diverse practices that prove effective towards increasing local educational agency and schoolsite leadership.
(c) For purposes of this section, the following definitions apply:
(1) “Administrator candidate” means an individual with a teaching or services credential eligible to pursue an administrative services credential, including individuals who will apply or who have applied to preliminary administrative services credential programs.
(2) “Current administrator” means an individual with a preliminary or clear administrative services credential.
(3) “Grant recipient” means a local educational agency or a consortium of local educational agencies
that is awarded a grant pursuant to this section.
(4) “Institution of higher education” means a California postsecondary college or university accredited by the Commission on Teacher Credentialing to offer a preparation program for an administrative services credential.
(5) “Local educational agency” means a school district, county office of education, charter school, or a regional occupational center or program operated by a joint powers authority or a county office of education.
(6) “Nonprofit educational service provider” means either of the following:
(A) A California nonprofit entity accredited by the Commission on Teacher Credentialing to
offer a preparation program for an administrative services credential.
(B) A California nonprofit entity in partnership with a local educational agency or institution of higher education accredited by the California Commission on Teacher Credentialing to offer a preparation program for an administrative services credential.
(d) When selecting grant recipients, the Commission on Teacher Credentialing shall do both of the following:
(1) Develop criteria for the awarding of competitive grants and an application process, request necessary data from participating local educational agencies, and award grants consistent with this section. Successful applicants
shall demonstrate an understanding of how diverse and culturally competent school leadership affects pupil academic success and social-emotional well-being, family engagement, and the retention of a diverse educator workforce.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the teaching workforce, have a higher percentage than other applicants of enrolled unduplicated pupils, as defined in Section 42238.02 of the Education Code, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is located in either a
rural location or a densely populated region.
(e) Grant recipients awarded funding pursuant to this section shall demonstrate a commitment to administrator diversity and culturally responsive school leadership, as evidenced by programmatic pedagogy, curriculum, coursework, mission statements, or any other relevant data, and shall receive an amount of up to thirty thousand dollars ($30,000) per administrator candidate.
(f) (1) Permissible uses of funding allocated pursuant to this section include, but are not limited to, all of the following:
(A) Coaching, training, and mentoring activities for current administrators and administrator candidates to serve and educate diverse pupil
populations, engage diverse families, and support and retain a diverse educator workforce.
(B) Developing support systems for a diverse administrator workforce that reflects a local educational agency community’s diversity.
(C) Paying for or reimbursing administrator program costs for administrator candidates.
(D) Paying for or reimbursing administrator credentialing costs for administrator candidates, including administrative services credential clear induction programs.
(2) A grant recipient shall not use more than 5 percent of a grant award, per administrator candidate, for program administration costs.
(3) In performing these activities, a grant recipient is highly encouraged to partner with an institution of higher education or a nonprofit educational service provider, or both, as applicable. These partnerships may require that grant recipients provide fiscal support to partner organizations to support their capacity for meaningful collaboration and implementation of the Diverse Education Leaders Pipeline Initiative program.
(g) An administrator candidate shall agree in writing to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate or another public school in California for a period of at least two school years. The administrator candidate shall also commit in the written agreement to annually report to their sponsoring local educational agency where they are employed and their current
contact information until they have completed their service requirement. Upon receiving the preliminary administrator credential, the administrator candidate has four years to complete the two-year service requirement.
(h) If a candidate is unable to complete a school year of service, that school year may still be counted toward the required two complete school years if any of the following occur: occurs:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual
requirements for the school year.
(3) The candidate was not able to serve as an administrator due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(i) (1) If the Commission on Teacher Credentialing is informed that more than 10 percent of
sponsored candidates in a local educational agency’s yearly program cohort failed to earn an administrator credential or failed to meet their commitment pursuant to this section, the Commission on Teacher Credentialing shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a credential or meet their administrator commitment above a 10-percent attrition rate.
(2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate served at least one year at a public school in California.
(j) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (i), the Commission on Teacher Credentialing shall
notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the
Commission on Teacher Credentialing. If the grant recipient fails to make the required payment within 60 days, the Commission on Teacher Credentialing shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the Commission on Teacher Credentialing from the grant recipient’s next principal apportionment or apportionments of state funds,
other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(k) An amount recovered by the Commission on Teacher Credentialing or deducted by the Controller pursuant to subdivision (j) shall be deposited into the Proposition 98 Reversion Account.
(l) Grant recipients may recover from a sponsored candidate who fails to earn an administrator credential, or who fails to complete the period of placement, the amount of grant funding invested in the administrator candidate’s training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the administrator candidate served at least one year, but less than two years, at a public school in California.
(m) Grant recipients shall not charge a sponsored candidate a fee to participate in the Diverse Education Leaders Pipeline Initiative program.
(n) On or before June 30, 2027, the Commission on Teacher Credentialing shall submit a report on the Diverse Education Leaders Pipeline Initiative program to the Department of Finance and the appropriate policy and fiscal committees of both houses of the Legislature. The report shall include an evaluation of the program, including, but not limited to, all of the following information:
(1) The number of local educational agencies awarded a grant and the number of institutions of higher education and nonprofit educational service providers that were included in grantee partnerships.
(2) The number of administrator candidates supported by the grant award and the number of individuals who obtained an administrative services credential and employment as an
administrator as a result of the program.
(3) Any relevant demographic data for each participating local educational agency, including the racial, ethnic, and gender demographics and first language of each administrator candidate supported by the grant award.
(4) The types of culturally relevant support provided to administrator candidates and administrators to improve retention and the education, engagement, and retention of diverse pupils, families, and educators.
(5) Where applicable, the impact of the program on pupil academic and school climate outcomes in participating local educational agencies.
SEC. 31.
(a) Section 21.5 of this bill incorporates amendments to Section 44270 of the Education Code proposed by both this bill and Assembly Bill 2725. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 44270 of the Education Code, and (3) this bill is enacted after Assembly Bill 2725, in which case Section 21 of this bill shall not become operative.(b) Section 24.5 of this bill incorporates amendments to Section 48901.1 of the Education Code proposed by both this bill and Assembly Bill 2711. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 48901.1 of the Education Code, and (3) this bill is enacted after Assembly Bill 2711, in which case Section 24 of this bill shall not become operative.
