Bill Text: CA SB1391 | 2023-2024 | Regular Session | Enrolled

California Senate Bill 1391 (Prior Session Legislation)

Bill Title: Teachers: preparation and retention data.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Vetoed) 2024-09-27 - In Senate. Consideration of Governor's veto pending. [SB1391 Detail]

Download: California-2023-SB1391-Enrolled.html

Enrolled September 04, 2024

Passed IN Senate August 30, 2024

Passed IN Assembly August 28, 2024

Amended IN Assembly August 22, 2024

Amended IN Assembly August 19, 2024

Amended IN Assembly June 06, 2024

Amended IN Senate April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1391

Introduced by Senator Rubio
(Coauthor: Senator Wahab)
(Coauthors: Assembly Members Alanis and Quirk-Silva)

February 16, 2024

An act to amend Sections 44393, 44395, and 69617 of, and to add Sections 10868.5 and 44417.7 to, the Education Code, relating to teachers.

LEGISLATIVE COUNSEL'S DIGEST

SB 1391, Rubio. Teachers: preparation and retention data.

Under existing law, the California Cradle-to-Career Data System is established to be a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and is established to provide for expanded access to tools and services that support the navigation of the education-to-employment pipeline. Existing law establishes a governing board to govern the data system and the Office of Cradle-to-Career Data as the managing entity required to implement and manage the data system.

This bill would require the managing entity, under the direction of the governing board, to create a teacher training and retention dashboard within the data system on or before January 1, 2026. The bill would require the dashboard to provide information on California’s teacher workforce, including, among other things, trends regarding teacher training pipelines, teacher credentialing, teacher hiring, and teacher retention, as provided.

Existing law establishes the National Board for Professional Teaching Standards Certification Incentive Program, under the administration of the State Department of Education, to award grants to teachers who have, among other things, attained certification from the National Board for Professional Teaching Standards. Existing law establishes the Golden State Teacher Grant Program, under the administration of the Student Aid Commission, and requires, for applications received on July 1, 2024, to June 30, 2025, inclusive, the commission to award grants to students enrolled in professional preparation programs who commit to work for 2 years at a priority school or a preschool program, as provided.

This bill would require the department to annually collect data on award recipients pursuant to the National Board for Professional Teaching Standards Certification Incentive Program, and would require the commission to annually collect demographic data on grant recipients pursuant to the Golden State Teacher Grant Program, as provided.

This bill would incorporate additional changes to Section 69617 of the Education Code proposed by AB 176 and SB 176 to be operative only if this bill and one or both of AB 176 and SB 176 are enacted and this bill is enacted last.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Research shows that teachers are the single most impactful in-school factor associated with pupil outcomes and success.

(b) The shortage of qualified teachers in many areas continues to be a challenge in California. Education experts agree that shortages of qualified and effective teachers in high-poverty schools and in particular teaching fields create a need for high-quality teachers who will enter, stay, and be effective in these areas.

(c) Teacher shortages and high turnover rates have a negative impact on both pupil achievement and the quality of education pupils receive, and disproportionately impact pupils of color and pupils from low-income households.

(d) Education experts agree that teachers of color and multilingual teachers have a positive impact on the pupils they serve, regardless of the pupils’ race or ethnicity, and further help to close pupil achievement gaps.

(e) The demographic makeup of California’s teaching force is not reflective of the diversity of its pupil population.

(f) The state has invested in initiatives to recruit, prepare, support, and retain teachers. Education experts suggest that many of the strategies used to address teacher shortages can also help with the recruitment and retention of more teachers of color and multilingual teachers in the teacher workforce.

(g) It is critical to develop programs that increase the probability of teacher recruits succeeding and staying in the classrooms where they are needed. This will in turn help to build a teacher workforce that is more representative of the pupils they teach.

(h) To optimize these programs and inform policy decisions about how to best recruit, train, support, and sustain a diverse educator workforce, state and local leaders need a full and actionable view of data, creating a comprehensive picture of the teacher workforce at each segment of the educator pipeline, beginning with preparation and continuing through credentialing, placement, assignment and misassignment, and retention, including demographic data.

(i) State leaders have a responsibility to provide oversight of investments in the transitional kindergarten through grade 12 education systems, including the educator workforce, which requires actionable, integrated data.

(j) The California Cradle-to-Career Data System provides the data infrastructure necessary to create a comprehensive picture of the teacher workforce.

SEC. 2.

Section 10868.5 is added to the Education Code, to read:

10868.5.

(a) In enacting this section, it is the intent of the Legislature to provide data tools that enable policymakers and agencies to assess, plan for, and optimize educational workforce programs to ensure all pupils have access to a diverse and sustainable teacher workforce.

(b) On or before January 1, 2026, the managing entity, under the direction of the governing board, shall create a teacher training and retention dashboard within the data system. The dashboard shall provide information on California’s teacher workforce, including, but not limited to, all of the following:

(1) Trends regarding teacher training pipelines.

(2) Trends regarding teacher credentialing.

(3) Trends regarding teacher hiring and assignments.

(4) Trends regarding teacher retention.

(5) Trends regarding educator demographics.

(6) Trends regarding teacher vacancies and mobility.

(7) Trends regarding participation in programs for addressing teacher shortages and teacher diversity, as appropriate, including, but not limited to, the Teacher Residency Grant Program established in Section 44415, the California Classified School Employee Teacher Credentialing Program established in Section 44393, the Golden State Teacher Grant Program established in Section 69617, and the National Board for Professional Teaching Standards Certification Incentive Program established in Section 44395. Data on these programs shall address all of the following topics, to the extent applicable, disaggregated by race and ethnicity:

(A) The number and percentage of program participants, additionally disaggregated by cohort, who complete a teacher preparation program and earn a preliminary teaching credential.

(B) The extent to which program graduates are teaching in high-need subjects and locations.

(C) The extent to which program graduates increase the diversity of the grant recipient’s workforce, including the number and percentage of program graduates who are members of underrepresented groups.

(D) Teacher retention rates for program graduates, within the boundaries of the grant recipient and within California public schools.

(E) Program graduate achievement, as determined by first-time pass rates on the state teaching performance assessment pursuant to Section 44320.2.

(F) The percentage of program participants who complete a beginning teacher induction program and earn a clear teaching credential.

(G) Results from candidate and program graduate surveys of the quality of preparation they received.

SEC. 3.

Section 44393 of the Education Code is amended to read:

44393.

(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.

(b) Subject to an appropriation for these purposes in the annual Budget Act or another statute, the commission shall issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts, charter schools, or county offices of education to participate in the program shall include all of the following:

(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education or a local educational agency.

(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.

(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand for bilingual cross-cultural teachers and teachers in shortage areas in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive.

(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district, charter school, or county office of education.

(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.

(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district, charter school, or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.

(d) (1) An applicant shall require participants to satisfy both of the following requirements before participating in the program:

(A) Pass a criminal background check.

(B) Provide verification of one of the following:

(i) Has earned an associate or higher level degree.

(ii) Has successfully completed at least two years of study at a postsecondary educational institution.

(2) An applicant shall certify that it has received a commitment from each participant that the participant will accomplish all of the following:

(A) Graduate from an institution of higher education under the program with a bachelor’s degree.

(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential.

(C) Complete one school year of classroom instruction in the school district, charter school, or county office of education for each year that the participant receives assistance for books, fees, and tuition while attending an institution of higher education under the program.

(e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.

(f) (1) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district, charter school, or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.

(2) To the extent feasible, it is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System, the data required to provide the reports described in paragraph (1) should be integrated within the California Cradle-to-Career Data System.

SEC. 4.

Section 44395 of the Education Code is amended to read:

44395.

(a) (1) The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act.

(2) (A) Commencing July 1, 2021, any teacher who has attained certification from the National Board for Professional Teaching Standards is eligible to receive an award of up to twenty-five thousand dollars ($25,000) if the teacher agrees to teach at a high-priority school for at least five years. Teaching service before July 1, 2021, may not be counted towards satisfaction of this five-year commitment.

(B) Awards granted pursuant to this paragraph shall be disbursed in annual payments of five thousand dollars ($5,000) over a five-year period. The annual payment shall be made upon completion of the school year, and upon approval of a district-certified application pursuant to the guidelines of subdivision (c) of Section 44396.

(3) (A) Commencing July 1, 2021, any teacher who initiates the process of pursuing a certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of two thousand five hundred dollars ($2,500).

(B) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.

(C) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2) after completion of a certification from the National Board for Professional Teaching Standards to the extent funds are available.

(4) (A) (i) Commencing July 1, 2023, any teacher who initiates the process of maintenance of certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of four hundred ninety-five dollars ($495).

(ii) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.

(iii) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2).

(B) This paragraph may be implemented using funds appropriated pursuant to Section 137 of Chapter 44 of the Statutes of 2021.

(b) The department shall administer the awards authorized by subdivision (a), and shall develop, in consultation with the Commission on Teacher Credentialing, certification and award information, criteria, procedures, and applications, all of which shall be submitted to the state board for approval. Amendments requested by the state board to that information, criteria, procedures, and applications shall be made before the dissemination of the material and the granting of any award under this article.

(c) The department shall distribute the materials described in subdivision (b) to school districts. Each school district is strongly encouraged to ensure that teachers employed by the district or by charter schools affiliated with the district are informed about the program and can acquire the necessary application and information materials.

(d) School districts are encouraged to provide for adequate release time and support for a teacher to complete the certification process. As a condition to providing that release time and support, a school district may require that a teacher serve in a mentor teacher capacity.

(e) (1) The department shall annually collect data on award recipients pursuant to this section, including assignment and demographic data.

(2) To the extent feasible, it is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System, the data collected pursuant to paragraph (1) should be integrated within the California Cradle-to-Career Data System.

(f) For purposes of this article, the following definitions apply:

(1) “School district” means school district, county board of education, county superintendent of schools, a state operated program, including a special school, a regional occupational center or program operated by a joint powers authority or a county office of education, or an education program providing instruction in transitional kindergarten, 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.

(2) “High-priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. This designation shall be determined by the department.

SEC. 5.

Section 44417.7 is added to the Education Code, to read:

44417.7.

To the extent feasible, it is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System, the data required to provide the reports described in Sections 44417 and 44417.5 should be integrated within the California Cradle-to-Career Data System.

SEC. 6.

Section 69617 of the Education Code is amended to read:

69617.

(a) (1) (A) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Golden State Teacher Grant Program. Under the program, the commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program.

(B) For applications received under the program on July 1, 2024, to June 30, 2025, inclusive, the commission shall provide reduced one-time grant funds of up to ten thousand dollars ($10,000) to each student eligible for a grant pursuant to subparagraph (A), except intern credential program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program.

(2) (A) Under the program, the commission shall provide one-time grant funds of up to ten thousand dollars ($10,000) to each California resident student enrolled, or who has applied for enrollment, on or after January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or pupil personnel services credential at a qualified institution, as determined by the commission pursuant to Section 69617.5, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. Of the funds appropriated in support of the program, no more than 8 percent of the total funding may be allocated for the purpose of awards provided pursuant to this paragraph.

(B) For applications received on July 1, 2024, to June 30, 2025, inclusive, under the program, the commission shall provide reduced one-time grant funds of up to five thousand dollars ($5,000) to each student eligible for a grant pursuant to subparagraph (A), except intern credential program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program.

(3) (A) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021 shall be available for encumbrance or expenditure by the commission until June 30, 2026.

(B) For applications submitted to the commission in the 2023–24 fiscal year, the commission shall issue no more than fifty million dollars ($50,000,000) in grants pursuant to this section.

(4) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed the applicable amount specified in this section.

(b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021.

(c) Commencing July 1, 2024, the commission shall prioritize awards to eligible applicants with the lowest income at the time of application.

(d) (1) A grant recipient shall agree to serve at a priority school or a California preschool program for two or four years, as applicable, and shall have four or eight years, as applicable, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state 50 or 25 percent, as applicable, of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following:

(A) Be enrolled in or have successfully completed a professional preparation program approved by the Commission on Teacher Credentialing.

(B) While enrolled in the professional preparation program, maintain good academic standing.

(C) Before or upon completion of the professional preparation program, complete a baccalaureate degree program from a regionally accredited institution of higher education.

(D) Complete the required teaching service or clinical practice following completion of the recipient’s professional preparation program.

(E) Complete their teacher preparation program and earn a preliminary credential within six years after the first distribution of grant funds.

(2) Nonperformance of the commitment to serve at a priority school or a California preschool program for the applicable two or four years shall be certified by the commission.

(3) Nonperformance of the commitment to earn a preliminary teaching credential or pupil personnel services credential shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission.

(4) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not necessarily be limited to, counting a school year towards the required applicable service requirement at a priority school or a California preschool program if a grant recipient is unable to complete the school year when any of the following occur:

(A) The grant recipient has completed at least one-half of the school year or preschool program year, as applicable.

(B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year or preschool program year, as applicable, for purposes of salary increases, probationary or permanent status, and retirement.

(C) The grant recipient was not able to serve due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year.

(D) The grant recipient 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.

(E) The grant recipient 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.

(e) The commission may use up to 1.5 percent of funding appropriated for purposes of this section for outreach and administration.

(f) The commission shall develop a process by which students interested in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential may submit a request for a preenrollment conditional award notice from the commission. The notice shall provide information regarding the Golden State Teacher Grant Program award amount the student may be eligible to receive upon enrollment in the professional preparation program and formal application to the commission to participate in the Golden State Teacher Grant Program.

(g) (1) A “priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02.

(2) The commission, in coordination with the State Department of Education, shall publish a list of priority schools by April 15 of each year.

(3) For purposes of satisfying the service requirement, a grant recipient may use service at a school listed on the most recent list of priority schools published by the commission that is available when the grant recipient seeks employment at a priority school. Further service at that school shall continue to satisfy the applicable service requirement, even if the school is no longer included on future priority school lists.

(h) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Golden State Teacher Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code.

(2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2025.

(3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(i) (1) The commission shall conduct, in partnership with the Commission on Teacher Credentialing, an evaluation of the Golden State Teacher Grant Program to determine the effectiveness of the program in recruiting credential candidates and employing credentialholders at priority schools and California preschool programs. The commission is encouraged to use qualitative and quantitative measures to quantify the number of credential candidates the program recruited into professional preparation programs, disaggregated by program and institution type, and the number of credentialholders employed at priority schools and California preschool programs, disaggregated by subject matter placement, and to describe the effects of the program on the decisions of credential candidates to enter and remain in the education field. The commission shall provide, with respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2025, and every two years thereafter.

(2) (A) The commission shall annually collect demographic data on grant recipients.

(B) To the extent feasible, it is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System, the data collected pursuant to subparagraph (A) should be integrated within the California Cradle-to-Career Data System.

(j) (1) The commission shall accept applications for the Golden State Teacher Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows institutions of higher education to provide applicants with grant eligibility determinations before the deadline for enrolling in their professional preparation program.

(2) Commencing July 1, 2024, the commission shall establish up to three application periods each year, consistent with subdivision (a).

(k) The commission shall permit grant recipients to receive funds in more than one academic year, provided the total amount of funds granted to any applicant does not exceed the applicable amount specified in this section.

(l) As used in this section, “California preschool program” means a state-funded or federally funded preschool program in the state, including California state preschool programs, tribal preschool programs, and Head Start programs.

SEC. 6.5.

Section 69617 of the Education Code is amended to read:

69617.

(B) For applications submitted to the commission in the 2023–24 fiscal year, the commission shall issue no more than fifty million dollars ($50,000,000) in grants pursuant to this section.

(b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021.

(c) Commencing July 1, 2024, the commission shall prioritize awards to eligible applicants with the lowest income and asset levels at the time of application. Income and asset levels shall be calculated using the same methodology set forth for the Student Aid Index.