Bill Text: CA AB2336 | 2015-2016 | Regular Session | Amended
Bill Title: Special education: substitute teachers.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2336 Detail]
Download: California-2015-AB2336-Amended.html
BILL NUMBER: AB 2336 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN SENATE MAY 24, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 29, 2016
INTRODUCED BY Assembly Member Olsen
(Coauthors: Assembly Members Baker, Bonilla, Lackey, and O'
Donnell)
(Coauthor: Senator Vidak)
FEBRUARY 18, 2016
An act to amend, repeal, and add Sections 56060 and
amend Section 56061 of
of, and to add and repeal Section 56061.5 of, the Education
Code, relating to special education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2336, as amended, Olsen. Special education: substitute
teachers.
Existing law authorizes a person holding a valid credential
authorizing substitute teaching to serve as a substitute for an
appropriately credentialed special education teacher for up
to 20 cumulative schooldays. teacher, as
specified. Existing law prohibits an employer from
employing an inappropriately credentialed substitute teacher for a
period of more than 20 cumulative school days for each special
education teacher absent during each school year. Existing law
authorizes the Superintendent of Public Instruction to approve an
extension beyond 20 cumulative schooldays, as provided. Existing law
requires the county superintendent of schools to perform various
duties with respect to the schools of his or her county, including a
duty to monitor and review their certificated employee assignment
practices.
This bill instead would prohibit an employer from employing an
inappropriately credentialed substitute teacher for a period of more
than 20 cumulative school days for each special education teacher
absent, or if there is a vacancy, during each school year.
This bill would, until January 1, 2022, authorize
additionally authorize, subject
to the issuance of specified federal guidance, a person holding
a valid emergency 30-day substitute teacher permit to serve as a
substitute in a special education classroom for up to 40 cumulative
schooldays per vacancy when specified conditions are met. The bill
would require an employing authority to report annually to its county
office of education, as part of the monitoring and review of
certificated employee assignment practices, the number of
permitholders employed pursuant to these provisions and the length of
time they were employed. By imposing additional duties on local
educational agencies, the bill would impose a state-mandated local
program. The
This bill would make conforming changes and
nonsubstantive changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56060 of the Education Code
is amended to read:
56060. (a) Except as provided in subdivision (b) of Section
56061, a noncredentialed person shall not substitute for any special
education certificated position.
(b) This section shall become inoperative on January 1, 2022, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2022, deletes or extends that date.
SEC. 2. Section 56060 is added to the Education
Code, to read:
56060. (a) A noncredentialed person shall not substitute for any
special education certificated position.
(b) This section shall become operative on January 1, 2022.
SEC. 3. SECTION 1. Section 56061 of
the Education Code is amended to read:
56061. (a) A person holding
a valid credential authorizing substitute teaching may serve as a
substitute for the appropriately credentialed special education
teacher as follows:
(1)
(a) Except as provided in paragraphs (2)
subdivisions (b) and (3),
(c), the employer shall not employ an inappropriately
credentialed substitute teacher for a period of more than 20
cumulative schooldays for each special education teacher
absent absent, or if there is a vacancy, during
each school year.
(2)
(b) Upon application by the district or county office,
the Superintendent may approve an extension of 20 schooldays in
addition to those authorized by paragraph (1).
subdivision (a).
(3)
(c) Only in extraordinary circumstances may an
additional number of days be granted beyond the 40 schooldays
provided for by paragraphs (1) subdivisions
(a) and (2). (b). Those
additional days shall be granted in writing by the Superintendent.
The Superintendent shall report to the state board on all requests
granted for an additional number of days pursuant to this
paragraph. subdivision.
(b) (1) A person holding a valid emergency 30-day substitute
teacher permit may serve as a substitute in a special education
classroom for up to 40 cumulative schooldays per vacancy, provided
all of the following conditions have been met:
(A) The permitholder is filling an immediate staffing need due to
a vacant position and is not substituting for a teacher who is
absent.
(B) The employing authority has completed and filed a Statement of
Need pursuant to Section 80025 of Title 5 of the California Code of
Regulations.
(C) The employing authority has complied with the hiring hierarchy
pursuant to Section 44225.7.
(D) By the time the employing authority has reason to believe that
the assignment will last more than 20 schooldays, and by no later
than the 20th day of the assignment, the employing authority has
developed and implemented a plan to provide not less than six hours
of training to the permitholder in all of the following areas:
(i) Classroom management.
(ii) Developing and implementing lesson plans.
(iii) Implementing the requirements of each pupil's individualized
education program.
(iv) Other areas as deemed necessary by the employing authority.
(E) The employing authority has assigned a credentialed teacher or
teachers to provide ongoing support to the permitholder.
(2) An employing authority shall report annually to its county
office of education, as part of the assignment monitoring required
pursuant to Section 44258.9, the number of permitholders employed
pursuant to this subdivision and the length of time they were
employed.
(c) For purposes of this section, "employing authority" includes
school districts, county offices of education, nonpublic,
nonsectarian schools and agencies, and charter schools.
(d) This section shall become inoperative on January 1, 2022, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2022, deletes or extends that date.
SEC. 4. Section 56061 is added to the Education
Code, to read:
56061. (a) A person holding a valid credential authorizing
substitute teaching may serve as a substitute for the appropriately
credentialed special education teacher as follows:
(1) Except as provided in paragraphs (2) and (3), the employer
shall not employ an inappropriately credentialed substitute teacher
for a period of more than 20 cumulative schooldays for each special
education teacher absent during each school year.
(2) Upon application by the district or county office, the
Superintendent may approve an extension of 20 schooldays in addition
to those authorized by paragraph (1).
(3) Only in extraordinary circumstances may an additional number
of days be granted beyond the 40 schooldays provided for by
paragraphs (1) and (2). Those additional days shall be granted in
writing by the Superintendent. The Superintendent shall report to the
state board on all requests granted for an additional number of days
pursuant to this paragraph.
(b) This section shall become operative on January 1, 2022.
SEC. 2. Section 56061.5 is added to the
Education Code , to read:
56061.5. (a) (1) Notwithstanding Sections 56060 and 56061, a
person holding a valid emergency 30-day substitute teacher permit may
serve as a substitute in a special education classroom for up to 40
cumulative schooldays per vacancy, provided all of the following
conditions have been met:
(A) The permitholder is filling an immediate staffing need due to
a vacant position and is not substituting for a teacher who is
absent.
(B) The employing authority has completed and filed a Statement of
Need pursuant to Section 80025 of Title 5 of the California Code of
Regulations.
(C) The employing authority has complied with the hiring hierarchy
pursuant to Section 44225.7.
(D) By the time the employing authority has reason to believe that
the assignment will last more than 20 schooldays, and by no later
than the 20th day of the assignment, the employing authority has
developed and implemented a plan to provide not less than six hours
of training to the permitholder in all of the following areas:
(i) Classroom management.
(ii) Developing and implementing lesson plans.
(iii) Implementing the requirements of each pupil's individualized
education program.
(iv) Other areas as deemed necessary by the employing authority.
(E) The employing authority has assigned a credentialed teacher or
teachers to provide ongoing support to the permitholder.
(2) An employing authority shall report annually to its county
office of education, as part of the assignment monitoring required
pursuant to Section 44258.9, the number of permitholders employed
pursuant to this subdivision and the length of time they were
employed.
(b) For purposes of this section, "employing authority" includes
school districts, county offices of education, nonpublic,
nonsectarian schools and agencies, and charter schools.
(c) This section shall become operative on the date that the
United States Department of Education provides guidance to state
education agencies or local educational agencies that applicable
federal law does not prohibit substitute teachers from filling an
absence or a vacancy in a special education classroom on an
emergency, temporary, or provisional basis.
(d) This section shall become inoperative on January 1, 2022, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2022, deletes or extends that date.
SEC. 5. SEC. 3. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
