AB 1918: Teacher credentialing: temporary certificates.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-17
(1)Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice.
This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission.
(2)Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission.
(3)Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies.
The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.
The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill.
The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.
(1)Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice.
This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission.
(2)Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission.
(3)Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies.
The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.
The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill.
The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.
(1)Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice.
This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission.
(2)Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission.
(3)Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies.
The bill would require the commission to honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.
The bill would require the State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill.
The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.
Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
(1)Existing law authorizes a county board of education or city and county boards board of education to issue temporary certificates to a certified employee employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a criminal record summary about the applicant from the Department of Justice.
This bill instead would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees, including individuals certified in another state, whose credentials are being processed by the commission. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to instead obtain a certificate of clearance from the commission.
(2)Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
This bill would prohibit a school district from exercising that authority until the school district has obtained a certificate of clearance from the commission.
(3)Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
This bill would authorize a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools schools, including individuals certified in another state, whose credentials are being processed by the commission, as provided. The bill would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission. The bill would provide that the conditions under which a temporary certificate issued pursuant to these provisions may or shall be revoked, issued, or denied, as applicable, are to be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies.
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The bill would require the commission to permit honor requests to expedite teacher credentialing processing from the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to request to expedite teacher credentialing processing to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.
The bill would require the Sate State Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this bill.
The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.
Existing law authorizes a local educational agency to contract with a nonpublic, nonsectarian school to provide the appropriate special educational facilities, special education, or designated instruction and services required by a pupil with exceptional needs if no appropriate public education program is available.
Existing law authorizes county boards of education to issue temporary certificates to a certified employee whose credentials are being processed by the Commission on Teacher Credentialing.
This bill would authorize a county or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools whose credentials are being processed by the commission, as provided.
This bill would require the commission to permit the State Department of Education on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to request to expedite teacher credentialing processing to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from other employing agencies.
The bill would require the Sate Department of Education to recognize all teacher permits, credentials, and certificates issued by the commission or a county or city and county board of education authorized by this bill.
The bill would make these provisions inoperative on July 1, 2024, and would repeal them as of January 1, 2025.
(a)Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in childrens centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
SEC. 2.Section 44332.5 of the Education Code is amended to read:44332.5.(a)(1)A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2)A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission.
(b)During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1)Made full disclosure of all facts necessary to establish his or her true identity.
(2)Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicants fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3)Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981.
(c)Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.
SEC. 3.Section 44332.6 of the Education Code is amended to read:44332.6.(a)(1)Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2)Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b)This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony.
(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f)(1)Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
(2)Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
SEC. 4.Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:15.Nonpublic, Nonsectarian Schools44405.(a)A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e)For purposes of this article, nonpublic, nonsectarian school has the same meaning as defined in Section 56034.
44406.(a)Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission.
(b)The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).
44407.The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44408.The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article.
44409.This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
(a)Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in childrens centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
SEC. 2.Section 44332.5 of the Education Code is amended to read:44332.5.(a)(1)A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2)A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission.
(b)During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1)Made full disclosure of all facts necessary to establish his or her true identity.
(2)Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicants fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3)Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981.
(c)Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.
SEC. 3.Section 44332.6 of the Education Code is amended to read:44332.6.(a)(1)Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2)Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b)This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony.
(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f)(1)Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
(2)Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
SEC. 4.Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:15.Nonpublic, Nonsectarian Schools44405.(a)A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e)For purposes of this article, nonpublic, nonsectarian school has the same meaning as defined in Section 56034.
44406.(a)Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission.
(b)The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).
44407.The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44408.The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article.
44409.This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
(a)Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in childrens centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
SEC. 2.Section 44332.5 of the Education Code is amended to read:44332.5.(a)(1)A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2)A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission.
(b)During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1)Made full disclosure of all facts necessary to establish his or her true identity.
(2)Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicants fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3)Paid to the commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981.
(c)Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.
SEC. 3.Section 44332.6 of the Education Code is amended to read:44332.6.(a)(1)Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2)Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b)This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony.
(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f)(1)Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
(2)Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
SEC. 4.Article 15 (commencing with Section 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:15.Nonpublic, Nonsectarian Schools44405.(a)A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individuals must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit permit, providing notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit, immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e)For purposes of this article, nonpublic, nonsectarian school has the same meaning as defined in Section 56034.
44406.(a)Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission.
(b)The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).
44407.The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44408.The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article.
44409.This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
(a)Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in childrens centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematic mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications, qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
SEC. 2.Section 44332.5 of the Education Code is amended to read:44332.5.(a)(1)A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2)A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the commission.
(b)During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:(1)Made full disclosure of all facts necessary to establish his or her true identity.(2)Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for.An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicants fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.(3)Paid to the Commission on Teacher Credentialing commission the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981.(c)Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.SEC. 3.Section 44332.6 of the Education Code is amended to read:44332.6.(a)(1)Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain a criminal record summary about the applicant from the Department of Justice certificate of clearance from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2)Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain a criminal record summary about the applicant from the Department of Justice certificate of clearance from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b)This section applies to any violent or serious offense which, if committed in this state would have been punishable as a violent or serious felony.
(c)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f)(1)Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a criminal record summary certificate of clearance from the commission for that employee.
(2)Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a criminal record summary certificate of clearance from the commission for that employee.
SECTION 1.SEC. 4.Article 15 (commencing with Section 44410) 44405) is added to Chapter 2 of Part 25 of Division 3 of Title 2 of the Education Code, to read:15.Nonpublic, Nonsectarian Schools44410. 44405.(a)A county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools schools, including individuals certified in another state, whose credential applications are being processed by the commission. However, the individual individuals must have demonstrated proficiency in basic reading, writing, and mathematic mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the a temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications, qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential.
(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e)For purposes of this article, nonpublic, nonsectarian school has the same meaning as defined in Section 56034.
44406.(a)Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain a certificate of clearance from the commission.
(b)The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).
44411. 44407.The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44412. 44408.The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county board of education or city and county board of education authorized by this article.
44413. 44409.This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
(a)A county or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees of nonpublic, nonsectarian schools whose credential applications are being processed by the commission. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematic skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement that he or she has duly filed an application with the commission for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.
(b)The county or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.
(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county or city and county board of education that the applicant apparently does not possess adequate qualifications, that the commission has received facts that may cause denial of the application, or issues or denies the originally requested credential.
(d)A county or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.
(e)For purposes of this article, nonpublic, nonsectarian school has the same meaning as defined in Section 56034.
44411.The commission shall honor requests to expedite the processing of applications for teacher credentialing received from the department on behalf of an applicant employed or seeking employment at a nonpublic, nonsectarian school to the same degree the commission honors requests to expedite the processing of applications for teacher credentialing received from another employing agency.
44412.The department shall recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county or city and county board of education authorized by this article.
44413.This article shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2025, deletes or extends the dates on which it becomes inoperative and is repealed.
|
Date
|
Status
|
|---|---|
| May 10, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Aug 17, 2016 | Chaptered by Secretary of State - Chapter 127, Statutes of 2016. |
| Aug 17, 2016 | Approved by the Governor. |
| Aug 5, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 1, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5637.). |
| Aug 1, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4647.). |
| Jun 30, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 30, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 30 pursuant to Assembly Rule 77. |
| Jun 30, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 29 pursuant to Assembly Rule 77. |
| Jun 21, 2016 | Read second time. Ordered to Consent Calendar. |
| Jun 20, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 8, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| Feb 11, 2016 | Read first time. To print. |
| May 5, 2016 | Referred to Com. on ED. |
| Apr 21, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4463.) |
| Apr 21, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 21, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 14, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 13, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13). |
| Mar 17, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (March 16). Re-referred to Com. on APPR. |
| Mar 9, 2016 | Re-referred to Com. on ED. |
| Mar 8, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 25, 2016 | Referred to Com. on ED. |
| Feb 12, 2016 | From printer. May be heard in committee March 13. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 1, 2016 | AB 1918 O'DONNELL Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jun 30, 2016 | Consent Calendar 2nd AB1918 O'Donnell | Senate Floor |
Passed |
|
| Jun 8, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 21, 2016 | AB 1918 O'DONNELL Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 13, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 16, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Private School Organizations | ** Support | Aug 1, 2016 |
| California Association of Private Special Education Schools | ** Support | Aug 1, 2016 |
| California Coalition Of Option Schools | ** Support | Aug 1, 2016 |
| California Outdoor Recreation Partners | * Support | Jun 26, 2018 |
| California Outdoors Recreation Partnership Corp | * Support | Jun 26, 2018 |
| California Park & Recreation Society | * Support | Jun 26, 2018 |
| California State Parks Foundation | * Support | Jun 26, 2018 |
| California Tahoe Alliance | * Support | Jun 26, 2018 |
| California Trout | * Support | Jun 26, 2018 |
| Center for Early Intervention on Deafness | ** Support | Aug 1, 2016 |
| Chambers Of Commerce Alliance Of Ventura And Santa Barbara Counties | * Support | Jun 26, 2018 |
| City of Santa Monica | * Support | Jun 26, 2018 |
| Dubnoff School | ** Support | Aug 1, 2016 |
| East Bay Regional Park District | * Support | Jun 26, 2018 |
| ECF Kayne Eras Center | ** Support | Aug 1, 2016 |
| Grassland Water District | * Support | Jun 26, 2018 |
| Hawthorne Academy | ** Support | Aug 1, 2016 |
| Institute for the Redesign of Learning | ** Support | Aug 1, 2016 |
| Midpeninsula Regional Open Space District | * Support | Jun 26, 2018 |
| Mojave Desert Land Trust | * Support | Jun 26, 2018 |
| Outdoor Industry Association | * Support | Jun 26, 2018 |
| Recreational Boaters Of California | * Support | Jun 26, 2018 |
| Rural County Representatives Of California | * Support | Jun 26, 2018 |
| Santa Clara Valley Open Space Authority | * Support | Jun 26, 2018 |
| Save The Redwoods League | * Support | Jun 26, 2018 |
| Sierra Consortium | * Support | Jun 26, 2018 |
| Spectrum Center Schools and Programs | ** Support | Aug 1, 2016 |
| Speech and Language Development Center | ** Support | Aug 1, 2016 |
| Trust for Public Land | * Support | Jun 26, 2018 |
| u None received. | ** Against | Aug 1, 2016 |
| Villa Esperanza Services Nonpublic School | ** Support | Aug 1, 2016 |
| Vista School Nonpublic School | ** Support | Aug 1, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1918
Author:(O'Donnell)
As Amended Ver:May 10, 2016
Majority vote
ASSEMBLY: | 79-0 | (April 21, 2016) | SENATE: | 37-0 | (June 30, 2016) |
Original Committee Reference: ED.
SUMMARY: Authorizes county offices of education to issue temporary certificates to teachers employed at nonpublic schools, including out-of-state teachers, while their credential applications are being processed at the California Commission on Teacher Credentialing (CCTC), and increases background check requirements for all applicants for temporary certificates.
The Senate amendments require that a when a county board of education or city and county board of education cancels a temporary certificate or permit those boards provide notification to the applicant and the nonpublic, nonsectarian school specified on the temporary certificate or permit.
EXISTING LAW:
- Authorizes county offices of education and some school districts to issue temporary certificates for the purpose of authorizing salary payments to employees of school districts, and to employees of children's centers and other preschool educational programs, whose credential or permit applications are pending at the CCTC, provided that the individual has passed the state assessment of teachers' basic skills, and that the county office has obtained a criminal record summary from the Department of Justice. Limits the validity of temporary certificates to a period of one year.
- Defines nonpublic, nonsectarian schools as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program and are certified by the California Department of Education.
- Specifies requirements for annual certification of nonpublic schools, including a requirement that any application provide a list of appropriately qualified staff and copies of credential and license documents. Authorizes the Superintendent of Public Instruction to revoke or suspend the certification of a nonpublic school for a variety of reasons, including changes in credentialed staff.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087 FN: 0003635
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1918
:
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/21/16 (Consent) - See last page for vote
SOURCE: California Association of Private Special Education Schools
Spectrum Center Schools and Programs
DIGEST: This bill authorizes county offices of education to issue temporary certificates to teachers employed at nonpublic schools, including out-of-state teachers, while their credential applications are being processed at the Commission on Teacher Credentialing (CTC). This bill also increased background check requirements for all applicants seeking temporary certificates.
Existing law:
- Authorizes county offices of education and some school districts to issue temporary certificates for the purpose of authorizing salary payments to employees of school districts, and to employees of children’s centers and other preschool educational programs, whose credential or permit applications are pending at the CTC, provided that the individual has passed the state assessment of teachers’ basic skills, and that the county office has obtained a criminal record summary from the Department of Justice. (Education Code § 44332)
- Requires the CTC to issue five year multiple subject, single subject, and special education credentials to out-of-state prepared teachers who possess a baccalaureate degree, have completed a teacher preparation program, meet subject matter knowledge criteria, have passed criminal background checks, and have earned corresponding credentials in out-of-state preparation programs. Requires these teachers to have also passed the state basic skills assessment. (Education Code § 44274.2)
- Defines nonpublic, nonsectarian schools as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program and are certified by the California Department of Education (CDE). Requires these schools to meet standards as prescribed by the Superintendent and State Board of Education. (Education Code § 56034)
- Specifies requirements for the annual certification of nonpublic schools, including a requirement that any application provide a list of appropriately qualified staff and copies of credential and license documents. Authorizes the Superintendent of Public Instruction to revoke or suspend the certification of a nonpublic school for a variety of reasons, including changes in credentialed staff. (Education Code § 56365, et seq.)
This bill:
- Allows county offices of education to issue temporary certificates for out-of-state credential holders whose credential applications are being processed by the CTC.
- Provides that a school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the CTC.
- Authorizes county offices of education to issue temporary certificates for certified employees of nonpublic schools whose credential applications are being processed by the CTC, under the same conditions as those issued for employees of school districts, as specified. Requires that, prior to issuing a temporary certificate, county offices of education obtain a certificate of clearance for the individual from the CTC.
- Requires the CTC to honor requests from the CDE to expedite the processing of teacher credentialing applications on behalf of employees at nonpublic schools to the same degree the CTC handles requests from another employing agency.
- Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the CTC or a county or city and county board of education.
- Provides that the bill’s provisions shall become inoperative on July 1, 2024.
Comments
Need for the bill. The author’s office indicates that “California faces a serious shortage of qualified teachers. During the 2015-16 school year there were nearly 4,000 unfilled teaching positions in the state, and enrollment in teacher credentialing programs is down over 70% from ten years ago. Other states have a surplus of fully credentialed teachers. But teachers holding credentials granted in other states may encounter difficulty filling one of California’s teaching vacancies because it can take up to 50 days to have an out-of-state credential application reviewed by the CTC. School districts wishing to hire these teachers cannot do so without evidence of a California credential. As a result, out-of-state credentialed teachers may find it difficult to obtain a California teaching position during the traditional hiring season.
“Nonpublic schools, which serve special education students, are also experiencing a severe shortage of qualified teachers. Nonpublic schools must be certified by the CDE in order to serve special education students. Like school districts, nonpublic schools attempting to hire special education teachers, including those trained out-of-state, face long credential processing times. But unlike school districts, nonpublic schools cannot obtain temporary teaching certificates for these individuals.”
Nonpublic schools. California's nonpublic, nonsectarian schools are specialized private schools that provide services to public school students with disabilities. They are defined in statute as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in a nonpublic school is typically paid by the public local educational agency (LEA) that places the student in the school as specified in their contractual agreement. Nonpublic schools may also offer private, paid services to students and families outside of a contractual arrangement with an LEA. Each nonpublic school is certified by the CDE with approximately 325 nonpublic schools in the state.
Expediting of credential applications. According to the CTC, “online recommendations submitted through credential program sponsors are usually completed within 10 working days. Typically, all other applications are processed within 50 working days from the date we receive the application.” CTC advises that “applicants who need to have their application processed for employment purposes should submit their application no less than three months prior to applying for or beginning a position.” The CTC’s current policy on the expediting of applications is that it will only expedite a credential application if 1) the employing agency wants to make an offer of employment; 2) the educator is in jeopardy of being removed from the classroom; or 3) the educator is at risk of having his or her pay withheld.
Certificate of clearance. This bill prohibits county offices of education from issuing temporary certificates for teachers until they have obtained a certificate of clearance from the CTC. A certificate of clearance is a document issued by the CTC to an individual who has completed its fingerprint and character and identification process, and whose professional fitness has been shown to meet the standards established by law. A certificate of clearance involves a more thorough background check through the Department of Justice, the Federal Bureau of Investigation, and the National Association of State Directors of Teacher Education and Certification database, which contains information about credentials in other states which have been annulled, denied, suspended, revoked, or otherwise invalidated.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Private Special Education Schools (co-source)
Spectrum Center Schools and Programs (co-source)
California Association of Private School Organizations
California Catholic Conference, Inc.
Dubnoff School
ECF Kayne Eras Center
Hawthorne Academy
Institute for the Redesign of Learning
Speech and Language Development Center
Villa Esperanza Services Nonpublic School
Vista School Nonpublic School
OPPOSITION: (Verified 6/20/16)
None received
ASSEMBLY FLOOR: 79-0, 4/21/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Ridley-Thomas
6/22/16 15:15:00
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | |||
Version: | Hearing Date: June 8, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill authorizes county offices of education to issue temporary certificates to teachers employed at nonpublic schools, including out-of-state teachers, while their credential applications are being processed at the Commission on Teacher Credentialing (CTC). The bill also increased background check requirements for all applicants seeking temporary certificates.
BACKGROUND
Existing law:
- Authorizes county offices of education and some school districts to issue temporary certificates for the purpose of authorizing salary payments to employees of school districts, and to employees of children’s centers and other preschool educational programs, whose credential or permit applications are pending at the CTC, provided that the individual has passed the state assessment of teachers’ basic skills, and that the county office has obtained a criminal record summary from the Department of Justice.
(Education Code § 44332)
- Requires the CTC to issue five year multiple subject, single subject, and special education credentials to out-of-state prepared teachers who possess a baccalaureate degree, have completed a teacher preparation program, meet subject matter knowledge criteria, have passed criminal background checks, and have earned corresponding credentials in out-of-state preparation programs. Requires these teachers to have also passed the state basic skills assessment. (Education Code § 44274.2)
- Defines nonpublic, nonsectarian schools as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program and are certified by the California Department of Education. Requires these schools to meet standards as prescribed by the Superintendent and State Board of Education. (Education Code § 56034)
- Specifies requirements for the annual certification of nonpublic schools, including a requirement that any application provide a list of appropriately qualified staff and copies of credential and license documents. Authorizes the Superintendent of Public Instruction to revoke or suspend the certification of a nonpublic school for a variety of reasons, including changes in credentialed staff.
(Education Code § 56365, et seq.)
ANALYSIS
This bill:
- Allows county offices of education to issue temporary certificates for out-of-state credential holders whose credential applications are being processed by the Commission on Teacher Credentialing (CTC).
- Provides that a school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained a certificate of clearance from the CTC.
- Authorizes county offices of education to issue temporary certificates for certified employees of nonpublic schools whose credential applications are being processed by the CTC, under the same conditions as those issued for employees of school districts, as specified. Requires that, prior to issuing a temporary certificate, county offices of education obtain a certificate of clearance for the individual from the CTC.
- Requires the CTC to honor requests from the California Department of Education (CDE) to expedite the processing of teacher credentialing applications on behalf of employees at nonpublic schools to the same degree the CTC handles requests from another employing agency.
- Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the CTC or a county or city and county board of education.
- Provides that the bill’s provisions shall become inoperative on July 1, 2024.
STAFF COMMENTS
- Need for the bill. The author’s office indicates that “California faces a serious shortage of qualified teachers. During the 2015-16 school year there were nearly 4,000 unfilled teaching positions in the state, and enrollment in teacher credentialing programs is down over 70% from ten years ago. Other states have a surplus of fully credentialed teachers. But teachers holding credentials granted in other states may encounter difficulty filling one of California’s teaching vacancies because it can take up to 50 days to have an out-of-state credential application reviewed by the CTC. School districts wishing to hire these teachers cannot do so without evidence of a California credential. As a result, out-of-state credentialed teachers may find it difficult to obtain a California teaching position during the traditional hiring season.
Nonpublic schools, which serve special education students, are also experiencing a severe shortage of qualified teachers. Nonpublic schools must be certified by the California Department of Education (CDE) in order to serve special education students. Unlike a school operated by a school district, if a nonpublic school classroom is inappropriately staffed, the CDE cannot certify the classroom, and the school may be threatened with closure.
Like school districts, nonpublic schools attempting to hire special education teachers, including those trained out-of-state, face long credential processing times. But unlike school districts, nonpublic schools cannot obtain temporary teaching certificates for these individuals.”
- Nonpublic schools. California's nonpublic, nonsectarian schools are specialized private schools that provide services to public school students with disabilities. They are defined in statute as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in a nonpublic school is typically paid by the public local educational agency (LEA) that places the student in the school as specified in their contractual agreement. Nonpublic schools may also offer private, paid services to students and families outside of a contractual arrangement with an LEA. Each nonpublic school is certified by the CDE with approximately 325 nonpublic schools in the state.
- Expediting of credential applications. According to the Commission on Teacher Credentialing (CTC), “online recommendations submitted through credential program sponsors are usually completed within 10 working days. Typically, all other applications are processed within 50 working days from the date we receive the application.” CTC advises that “applicants who need to have their application processed for employment purposes should submit their application no less than three months prior to applying for or beginning a position.” The CTC’s current policy on the expediting of applications is that it will only expedite a credential application if 1) the employing agency wants to make an offer of employment; 2) the educator is in jeopardy of being removed from the classroom; or 3) the educator is at risk of having his or her pay withheld.
- Certificate of clearance. This bill prohibits county offices of education from issuing temporary certificates for teachers until they have obtained a certificate of clearance from the CTC. A certificate of clearance is a document issued by the CTC to an individual who has completed its fingerprint and character and identification process, and whose professional fitness has been shown to meet the standards established by law. A certificate of clearance involves a more thorough background check through the Department of Justice, the Federal Bureau of Investigation, and the National Association of State Directors of Teacher Education and Certification database, which contains information about credentials in other states which have been annulled, denied, suspended, revoked, or otherwise invalidated.
- Fiscal impact. According to the Assembly Appropriations Committee, this bill would result in General Fund administrative costs to the CTC of approximately $90,000 for increased workload related to prioritizing review of certification applications submitted by holders of temporary teaching certificates and Proposition 98 General Fund cost pressure, potentially in the low tens of thousands of dollars, for county offices of education to issue temporary certificates to teachers in nonpublic schools.
SUPPORT
California Association of Private School Organizations
California Association of Private Special Education Schools
California Catholic Conference, Inc.
Dubnoff School
ECF Kayne Eras Center
Hawthorne Academy
Institute for the Redesign of Learning
Spectrum Center Schools and Programs
Speech and Language Development Center
Villa Esperanza Services Nonpublic School
Vista School Nonpublic School
OPPOSITION
None received.
-- END --
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1918
Author:(O'Donnell) – As Amended Ver:March 8, 2016
Policy Committee: | Education | Vote: | 6 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes county offices of education (COE) to issue temporary certificates to teachers employed at nonpublic schools (NPS), including out-of-state teachers, while their credential applications are being processed at the California Commission on Teacher Credentialing (CCTC), and increases background check requirements for all applicants for temporary certificates. Specifically, this bill:
- Requires that, prior to issuing a temporary certificate, COEs and school districts obtain a certificate of clearance for the individual from the CCTC.
- Requires the CCTC to honor requests from the California Department of Education (CDE) to expedite the processing of applications on behalf of employees at NPS to the same degree the CCTC does for requests from another employing agency.
- Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county, or city and county, board of education.
- Sunsets on July 1, 2024, provisions of the bill authorizing the provision of temporary certificates to teachers employed at NPSs.
FISCAL EFFECT:
- General Fund administrative costs to the CCTC of approximately $90,000 for the increased workload related to prioritizing review of certification applications submitted by holders of temporary teaching certificates.
- Proposition 98/GF cost pressure, potentially in the low tens of thousands of dollars, for county offices of education to issue temporary certificates to teachers in nonpublic schools. According to the California County Superintendents Educational Services Association, the average cost of issuing a temporary credential is $100. There are 1704 NPS classrooms statewide. Assuming 20% of are in need of a temporary credential, and COEs choose to issue these credentials, statewide costs would be approximately $34,000.
COMMENTS:
- Purpose. NPS classrooms must be certified by the California Department of Education (CDE) in order to serve special education students. If a NPS classroom is inappropriately staffed, the CDE cannot certify the classroom and the classroom or program may be threatened with closure. The acute teacher shortage in special education can make maintaining certified programs challenging. The California Association of Private Special Education Schools (who represent NPS) are sponsoring this bill to allow NPS classrooms to be staffed by teachers issued a temporary teaching certificate.
This bill also strengthens background checks for ALL teachers authorized by temporary certificates, and codifies the existing practice of issuing temporary certificates for teachers prepared out of state.
- Temporary certificates. School districts have the ability to hire a teacher whose credential application is pending at the CCTC if a COE issues a temporary teaching certificate. Temporary certificates are generally used to provide salary payments to employees whose credential or permit applications are pending at the CCTC. These certificates are granted if the individual has passed the state assessment of teachers’ basic skills and the COE has obtained a criminal record summary from the Department of Justice (DOJ). These temporary certificates are valid for one year, although credentials are usually cleared by the CCTC within 10 to 50 days.
- Certificates of Clearance. Under current law, county offices of education obtain a background check through the DOJ before issuing a temporary certificate. This bill requires teachers to instead obtain a certificate of clearance from the CCTC prior to issuance of a temporary certificate.
A certificate of clearance involves a more thorough background check through the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the National Association of State Directors of Teacher Education and Certification (NASDTEC) database, which contains information about credentials in other states that have been annulled, denied, suspended, revoked, or otherwise invalidated. A certificate of clearance is required for all new credential applications, so this check would happen for the credential applicant whether or not he or she were applying for a temporary certificate. The fee for the certificate is applied to the applicant’s credential processing fee. According to the CCTC, the certificate is generally issued in 1-2 days for applicants with no issues of concern.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
Date of Hearing: March 16, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1918 (
Author:O'Donnell) –As Amended Ver:March 8, 2016
SUBJECT: Teacher credentialing: temporary certificates
SUMMARY: Authorizes county offices of education to issue temporary certificates to teachers employed at nonpublic schools, including out-of-state teachers, while their credential applications are being processed at the California Commission on Teacher Credentialing (CCTC), and increases background check requirements for all applicants for temporary certificates. Specifically, this bill:
- Authorizes county offices of education to issue temporary certificates for out-of-state credential holders whose credential applications are being processed by the CCTC.
- Authorizes county offices of education to issue temporary certificates for certified employees of nonpublic schools (NPS) whose credential applications are being processed by the CCTC, under the same conditions as those issued for employees of school districts.
- Requires that, prior to issuing a temporary certificate, county offices of education and school districts obtain a certificate of clearance for the individual from the CCTC.
- Requires the CCTC to honor requests from the California Department of Education (CDE) to expedite the processing of applications on behalf of employees at nonpublic schools to the same degree the CCTC does for requests from another employing agency.
- Requires the CDE to recognize the authority of all teacher permits, credentials, and certificates issued by the commission or a county or city and county board of education.
- Sunsets the provisions of the act on July 1, 2024.
EXISTING LAW:
- Authorizes county offices of education and some school districts to issue temporary certificates for the purpose of authorizing salary payments to employees of school districts, and to employees of children’s centers and other preschool educational programs, whose credential or permit applications are pending at the CCTC, provided that the individual has passed the state assessment of teachers’ basic skills, and that the county office has obtained a criminal record summary from the Department of Justice. Limits the validity of temporary certificates to a period of one year.
- Requires the CCTC to issue five year multiple subject, single subject, and special education credentials to out-of-state prepared teachers to out-of-state prepared teachers who possess a baccalaureate degree, have completed a teacher preparation program, meet subject matter knowledge criteria, have passed criminal background checks, and have earned corresponding credentials in out-of-state preparation programs. Requires these teachers to have passed the state basic skills assessment.
- Defines nonpublic, nonsectarian schools as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program and are certified by the CDE. Requires these schools to meet standards as prescribed by the Superintendent and board, and establishes
- Specifies requirements for annual certification of nonpublic schools, including a requirement that any application provide a list of appropriately qualified staff and copies of credential and license documents. Authorizes the Superintendent of Public Instruction to revoke or suspend the certification of a nonpublic school for a variety of reasons, including changes in credentialed staff.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. The author’s office states: “Like school districts, nonpublic schools, which serve special education students whose individualized education programs (IEPs) require specialized services, are experiencing a severe shortage of qualified teachers.
Nonpublic school classrooms must be certified by the California Department of Education (CDE) in order to serve special education students. Unlike a school operated by a school district, if a nonpublic school classroom is inappropriately staffed, the CDE cannot certify the classroom, and the classroom or program may be threatened with closure.
Under current law, school districts may hire a teacher whose credential application is pending at the California Commission on Teacher Credentialing if a county office of education issues a temporary teaching certificate. Unlike school districts, nonpublic schools cannot obtain temporary teaching certificates for these individuals. AB 1918 extends authority for these temporary certificates to be granted to teachers at nonpublic schools, preserving vital program options for special education students.
In addition, AB 1918 strengthens background checks for teachers authorized by temporary certificates, and codifies the existing practice of issuing temporary certificates for teachers prepared out of state.”
Nonpublic school certification and classroom/program closure. California's nonpublic, nonsectarian schools are specialized private schools that provide services to public school students with disabilities. They are defined in statute as private, nonsectarian schools that enroll individuals with exceptional needs pursuant to an individualized education program. The tuition of a student in a nonpublic school is paid by the public local educational agency that places the student in the school. Unlike other private schools, each nonpublic school is certified by the CDE. The CDE website lists 325 nonpublic schools in the state. According to the sponsor, there are over 1,700 certified classrooms, with the capacity to serve over 22,000 students in California.
The sponsors of this bill note that the acute teacher shortage in special education can make maintaining certified programs challenging. No statewide information on threats to classroom/program closure are available from the CDE, but the sponsors share anecdotes they believe are representative of the experience of many schools, and the way in which access to temporary certificates would allow them to keep classrooms and programs open. The sponsors share the following two representative experiences:
- “This year a San Diego area school had an on-site review, and they had a teacher leave prior to that review. They made every attempt to find a teacher and to provide temporary coverage. During the recruitment process they found someone with an out-of-state credential. The teacher was able to apply to the CTC to transfer their credential but it was not cleared at the time of the on-site review. The CDE required the school to close the classroom if the credential was not in-hand by the end of the week. The substitute credential was going to expire and the out-of-state-teacher’s credential had not been cleared at that time. Fortunately, the teacher’s credential was processed by the CTC by the deadline and they did not need to close a classroom.”
- “One nonpublic school had two teachers leave within two weeks of each other, and had to refuse to take students because they did not have sufficient staff. They also had certified teachers from out-of-state apply, but when told they need to go through the process of getting a California credential, they opted not to apply for the positions.”
Expediting of credential applications. According to the CCTC website, “online recommendations submitted through credential program sponsors are usually completed within 10 working days. Typically, all other applications are processed within 50 working days from the date we receive the application.” CCTC advises that “applicants who need to have their application processed for employment purposes should submit their application no less than three months prior to applying for or beginning a position.”
This bill requires the CCTC to honor requests to expedite credential applications from the CDE on behalf of nonpublic schools in the same manner as it does for requests from school districts. The CCTC’s current policy on the expediting of applications from LEAs, as communicated in a February, 2014 credential information alert, states that the CCTC will only expedite a credential application if 1) the employing agency wants to make an offer of employment, 2) the educator is in jeopardy of being removed from the classroom, or 3) the educator is at risk of having his or her pay withheld.
Certificate of clearance. This bill prohibits county offices of education from issuing temporary certificates for teachers until they have obtained a certificate of clearance from the CCTC. A certificate of clearance is a document issued by the CCTC to an individual who has completed the Commission's fingerprint and character and identification process, and whose professional fitness has been shown to meet the standards as established by law.
Under current law, county offices of education obtain a background check through the DOJ before issuing a temporary certificate. According to the CCTC, county offices of education are not able to access FBI records for background checks.
AB 1918 requires that these teachers instead obtain a certificate of clearance from the CCTC prior to issuance of a temporary certificate. A certificate of clearance which involves a more thorough background check through the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and the National Association of State Directors of Teacher Education and Certification (NASDTEC) database, which contains information about credentials in other states which have been annulled, denied, suspended, revoked, or otherwise invalidated. A certificate of clearance is required for all new credential applications, so this check would happen for the credential applicant whether or not he or she were applying for a temporary certificate. The fee for the certificate is applied to the applicant’s credential processing fee. According to the CCTC, for applicants with no issues of concern, the certificate is generally issued in 1-2 days.
Significant portion of new California credentials are granted to out-of-state trained teachers. This bill seeks to codify the current practice of county offices of education issuing temporary certificates to out-of-state teachers. According to the Legislative Analyst’s Office, between 1990-91 and 2014-15, 18 percent of California’s new teaching credentials were issued to those prepared in out-of-state programs, and that this share has fluctuated from a low of 11 percent in 2003-04 to a high of 33 percent in 1990-91. In 2014-15 out-of-state trained teachers represented nearly 25 percent of new credentials issued in California.
REGISTERED SUPPORT / OPPOSITION:
Support
Spectrum Center Schools and Programs (sponsor)
California Association of Private Special Education Schools (sponsor)
California Association of Private School Organizations
California Catholic Conference, Inc.
California Coalition of Option Schools
Center for Early Intervention on Deafness
Dubnoff School
ECF Kayne Eras Center
Hawthorne Academy
Institute for the Redesign of Learning
Speech and Language Development Center
Villa Esperanza Services Nonpublic School
Vista School Nonpublic School
Opposition
None on file
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
Discussed in Hearing
5MIN
Senate Standing Committee on Natural Resources and Water
46SEC
Assembly Floor
Bill Author
Bill Co-Author(s):