Bill Text: CA AB1918 | 2015-2016 | Regular Session | Chaptered
Bill Title: Teacher credentialing: temporary certificates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 127, Statutes of 2016. [AB1918 Detail]
Download: California-2015-AB1918-Chaptered.html
BILL NUMBER: AB 1918 CHAPTERED
BILL TEXT
CHAPTER 127
FILED WITH SECRETARY OF STATE AUGUST 17, 2016
APPROVED BY GOVERNOR AUGUST 17, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE MAY 10, 2016
AMENDED IN ASSEMBLY MARCH 8, 2016
INTRODUCED BY Assembly Member O'Donnell
FEBRUARY 11, 2016
An act to amend Sections 44332, 44332.5, and 44332.6 of, and to
add and repeal Article 15 (commencing with Section 44405) of Chapter
2 of Part 25 of Division 3 of Title 2 of the Education Code, relating
to teacher credentialing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1918, O'Donnell. Teacher credentialing: temporary certificates.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44332 of the Education Code is amended to read:
44332. (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 children's 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 applicant's 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:
Article 15. Nonpublic, Nonsectarian Schools
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, 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.
