Bill Text: CA AB239 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Teacher credentialing.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 316, Statutes of 2009. [AB239 Detail]

Download: California-2009-AB239-Amended.html

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BILL NUMBER: AB 239	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2009

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 6, 2009

   An act to amend Sections 44253.3, 44325, 44326, 44328, 44398,
44399, and 44830.3 of, and to repeal Sections 44329 and 44329.5 of,
the Education Code, relating to teacher credentialing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 239, as amended, Brownley. Teacher credentialing.
   (1) Existing law requires the Commission on Teacher Credentialing
to issue an authorization to a teacher to provide specified services
to limited-English-proficient pupils, and sets forth the minimum
requirements for that authorization.
   This bill would also authorize the commission to issue the
authorization to an applicant who possesses a valid teaching
credential and who holds certain certificates issued by the National
Board of Professional Teaching Standards.
   (2) Existing law requires the commission to issue district intern
credentials authorizing persons employed by a school district to
provide classroom instruction to pupils with mild and moderate
disabilities in special education classes.
   This bill would delete the provision specifying the authorization
is only for pupils with mild and moderate disabilities.
   (3) Existing law  specifies   authorizes
 persons holding district intern credentials  that
authorize the holder  to teach in  kindergarten and
 grades 1 to 8, inclusive,  in a self-contained program
 or in a  self-contained bilingual 
class to   classes if they have  either 
complete   completed  a commission-approved
academic diversified or liberal arts subject matter program or
 pass a   have met the subject matter
requirement by passing the  subject matter examination approved
by the commission.
   This bill would  delete the option of completing a
commission-approved academic diversified or liberal arts subject
matter program   instead authorize those district intern
credentialholders to teach in those grades and classes if they have
met the subject matter requirement  .
   (4) Existing law specifies that it is the intent of the
Legislature that upon recommendation by the governing board, that
district interns be issued professional credentials rather than
preliminary credentials upon completion of successful service as a
teacher pursuant to specified provisions.
   This bill would instead specify that district interns be issued
preliminary credentials pursuant to those provisions.
   (5) Existing law requires the commission to issue a clear teaching
credential to a teacher who is licensed to teach in a state other
than California and who is certified by the National Board of
Professional Teaching Standards, in the area in which the teacher has
received the national certification.
   This bill would also require the commission to issue a clear
services credential authorizing service in the area in which the
person has received national certification.
   The bill would also delete obsolete provisions and make conforming
changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44253.3 of the Education Code is amended to
read:
   44253.3.  (a) The commission shall issue an authorization for a
teacher to provide all of the following services to
limited-English-proficient pupils:
   (1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit pursuant to Sections 8363 and
44252.7, a children's center supervision permit pursuant to Section
8363, or a designated subjects teaching credential in adult education
pursuant to Section 44260.2. If the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit, or a children's center
supervision permit, instruction for English language development is
limited to the programs authorized by that permit. If the requirement
specified in paragraph (1) of subdivision (b) is satisfied by the
possession of a designated subjects teaching credential in adult
education, instruction for English language development is limited to
classes organized primarily for adults.
   (2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b).
   (b) The minimum requirements for the authorization, which may be
completed at the same time as the initial preparation for the
prerequisite credential or at a later date, shall include all of the
following:
   (1) Possession of a valid California teaching credential, services
credential, visiting faculty permit, children's center instructional
permit, or children's center supervision permit which credential or
permit authorizes the holder to provide instruction to pupils in
preschool, kindergarten, any of grades 1 to 12, inclusive, or classes
primarily organized for adults, except for any of the following:
   (A) Emergency credentials or permits.
   (B) Exchange credentials as specified in Section 44333.
   (C) District intern credentials as specified in Section 44325.
   (D) Sojourn certificated employee credentials as specified in
Section 44856.
   (E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.
   (2) Passage of one or more examinations, or by completing an
approved program that consists of coursework or a combination of
coursework and examinations, that the commission determines is
necessary for demonstrating the knowledge and skills required for
effective delivery of the services included in the authorization.
   (3) Completion of at least six semester units, or nine quarter
units, of coursework in a second language at a regionally accredited
institution of postsecondary education. The commission shall
establish minimum standards for scholarship in the required
coursework. The commission also shall establish alternative ways in
which the requirement can be satisfied by language-learning
experience that creates an awareness of the challenges of
second-language acquisition and development.
   (c) Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness that
includes, at a minimum, instruction in the following:
   (1) The nature and content of culture.
   (2) Cross-cultural contact and interactions.
   (3) Cultural diversity in the United States and California.
   (4) Providing instruction responsive to the diversity of the pupil
population.
   (5) Recognizing and responding to behavior related to the
characteristics listed in Section 220.
   (6) Techniques for the peaceful resolution of conflict.
   (d) The commission shall establish alternative requirements for a
teacher to earn the authorization, which shall be awarded as a
supplementary authorization pursuant to subdivision (e) of Section
44225.
   (e) A teacher who possesses a credential or permit described in
paragraph (1) of subdivision (b) and is able to present a valid
out-of-state credential or certificate that authorizes the
instruction of English language learners may qualify for the
authorization issued under this section by submitting an application
and fee to the commission.
   (f) The commission may issue an authorization under this section
if the applicant possesses a valid California teaching credential and
holds either of the following certificates issued by the National
Board for Professional Teaching Standards:
   (1) Early and Middle Childhood/English as a New Language
Certificate.
   (2) Early Adolescence through Young Adulthood/English as a New
Language Certificate.
   (g) The authorization shall remain valid as long as the
prerequisite credential or permit specified in paragraph (1) of
subdivision (b) remains valid.
  SEC. 2.  Section 44325 of the Education Code is amended to read:
   44325.  (a) The commission shall issue district intern credentials
authorizing persons employed by a school district that maintains
kindergarten and grades 1 to 12, inclusive, or that maintains classes
in bilingual education to provide classroom instruction to pupils in
those grades and classes in accordance with the requirements of
Section 44830.3. The commission also shall issue district intern
credentials authorizing persons employed by a school district to
provide classroom instruction to pupils in special education classes,
in accordance with the requirements of Section 44830.3.
   (b) Each district intern credential is valid for a period of two
years. A credential may be valid for three years if the intern is
participating in a program that leads to the attainment of a
specialist credential in special education or four years if the
intern is participating in a program that leads to the attainment of
both a multiple subject or single subject teaching credential and a
specialist credential in special education. Upon the recommendation
of the school district, the commission may grant a one-year extension
of the district intern credential.
   (c) The commission shall require each applicant for a district
intern credential to demonstrate that he or she meets all of the
following minimum qualifications for that credential:
   (1) The possession of a baccalaureate degree conferred by a
regionally accredited institution of postsecondary education.
   (2) The successful passage of the state basic skills proficiency
requirement pursuant to Sections 44252 and 44252.5.
   (3) The successful completion of the appropriate subject matter
examination administered by the commission, or a commission-approved
subject matter preparation program for the subject areas in which the
district intern is authorized to teach.
   (4) The oral language component of the assessment program leading
to the bilingual-crosscultural language and academic development
certificate for persons seeking a district intern credential to teach
bilingual education classes.
   (d) The commission shall apply the requirements of Sections 44339,
44340, and 44341 to each applicant for a district intern credential.

   (e) The commission shall ensure that each district internship
program in California provides program elements to its interns as
required by the federal No Child Left Behind Act of 2001 (20 U.S.C.
Sec. 6301 et seq.) and its implementing regulations.
  SEC. 3.  Section 44326 of the Education Code is amended to read:
   44326.  (a) Persons holding district intern credentials issued by
the commission under Section 44325 to teach in grades 9 to 12,
inclusive, or in grades 6 to 8, inclusive, in a departmentalized
program, or in departmentalized bilingual classes, shall be
authorized to teach in the subject area in which they have met the
subject matter requirement.
   (b) Persons holding district intern credentials issued by the
commission under Section 44325 to teach in kindergarten and grades 1
to 8, inclusive, in a self-contained program or in self-contained
bilingual classes  and  who have met the subject matter
 requirements by passing the subject matter examination
approved by the commission for this purpose, shall be authorized to
teach in those grades or classes.   requirement shall be
authorized to teach in those grades or classes. 
   (c) Before being assigned to teach special education pupils,
persons holding district intern credentials issued by the commission
under Section 44325 to teach those pupils shall meet the requirements
of subdivision (b).
   (d) Each district intern is required to teach with the assistance
and guidance of certificated employees selected through a competitive
process adopted by the governing board after consultation with the
exclusive teacher representative unit or by personnel employed by
institutions of higher education to supervise student teachers.
   (e) A certificated employee who assists the district intern shall
possess valid certification at the same level or of the same type of
credential as the district interns they serve.
  SEC. 4.  Section 44328 of the Education Code is amended to read:
   44328.  (a) Unless the commission determines that substantial
evidence exists that a person is unqualified to teach, upon the
completion of successful service as a district intern pursuant to
subdivision (b) of Section 44325, and upon the recommendation of the
school district governing board, the commission shall award 
clear   preliminary  credentials to district
interns in the same manner as applicants recommended for credentials
by institutions that operate approved programs of professional
preparation.
   (b) Notwithstanding paragraphs (1) and (2) of subdivision (a) of
Section 44225, paragraphs (3), (4), (5), and (6) of subdivision (b)
of Section 44259, paragraphs (1), (2), (3), and (4) of subdivision
(c) of Section 44259, and Sections 44261, 44265, and 44335, upon
recommendation by the governing board, district interns shall be
issued preliminary credentials, upon the completion of successful
service as a teacher pursuant to subdivision (b) of Section 44325,
unless the governing board recommends, and the commission finds
substantial evidence, that the person is not qualified to teach. A
school district may require a district intern who is pursuing a clear
credential to complete an approved induction program if funds are
available or approved coursework in accordance with paragraph (5) of
subdivision (c) of Section 44259. Pursuant to Article 11 (commencing
with Section 44380), teachers participating in an induction program
pursuant to Article 4.5 (commencing with Section 44279.1) are no
longer eligible for funding under the district intern program.
   (c) Notwithstanding Section 44261, the preliminary credential
awarded to any district intern holding a district intern credential
to teach bilingual education classes shall be a basic teaching
credential with a bilingual-crosscultural language and academic
development emphasis. Notwithstanding Section 44265, the preliminary
credential awarded to any district intern who holds a district intern
credential to teach special education pupils shall be a special
education specialist instruction credential that authorizes the
holder to teach special education pupils.
   (d) It is the intent of the Legislature that institutions of
higher education that operate approved programs of professional
preparation work cooperatively with school districts that offer
district intern programs for a special education specialist
credential to apply the regular education coursework and fieldwork
from the special education district intern program toward earning a
multiple or single subject teaching credential through the
institution.
  SEC. 5.  Section 44329 of the Education Code is repealed.
  SEC. 6.  Section 44329.5 of the Education Code is repealed.
  SEC. 7.  Section 44398 of the Education Code is amended to read:
   44398.  Notwithstanding any provision of law except Sections
44332.6, 44340, 44346.1, and 44830.1, a person who is licensed to
teach or provide services in the public schools of a state other than
California and who is certified by the National Board for
Professional Teaching Standards shall be issued a clear teaching or
services credential authorizing teaching or service in the area, as
determined by the commission, in which the person has received
national certification.
  SEC. 8.  Section 44399 of the Education Code is amended to read:
   44399.  Notwithstanding any provision of law, except Sections
44332.6, 44340, 44346.1, and 44830.1, the commission shall issue a
clear credential to the holder of a preliminary teaching or services
credential who attains certification from the National Board for
Professional Teaching Standards. The clear credential issued pursuant
to this section shall authorize the holder to teach or provide
services in the area that the commission determines is equivalent to
the certificate field in which the teacher or services provider
received certification from the National Board for Professional
Teaching Standards.
  SEC. 9.  Section 44830.3 of the Education Code is amended to read:
   44830.3.  (a) The governing board of any school district that
maintains prekindergarten, kindergarten, or  any of  grades
1 to 12, inclusive, classes in bilingual education, or special
education programs, may, in consultation with an accredited
institution of higher education offering an approved program of
pedagogical teacher preparation, employ persons authorized by the
Commission on Teacher Credentialing to provide service as district
interns to provide instruction to pupils in those grades or classes
as a classroom teacher. The governing board shall require that each
district intern be assisted and guided by a certificated employee
selected through a competitive process adopted by the governing board
after consultation with the exclusive teacher representative unit or
by personnel employed by institutions of higher education to
supervise student teachers. These certificated employees shall
possess valid certification at the same level, or of the same type of
credential, as the district interns they serve.
   (b) The governing board of each school district employing district
interns shall develop and implement a professional development plan
for district interns in consultation with an accredited institution
of higher education offering an approved program of pedagogical
preparation. The professional development plan shall include all of
the following:
   (1) Provisions for an annual evaluation of the district intern.
   (2) As the governing board determines necessary, a description of
courses to be completed by the district intern, if any, and a plan
for the completion of preservice or other clinical training, if any,
including student teaching.
   (3) Mandatory preservice training for district interns tailored to
the grade level or class to be taught, through either of the
following options:
   (A) One hundred twenty clock hours of preservice training and
orientation in the aspects of child development, classroom
organization and management, pedagogy, and methods of teaching the
subject field or fields in which the district intern will be
assigned, which training and orientation period shall be under the
direct supervision of an experienced permanent teacher. In addition,
persons holding district intern certificates issued by the commission
pursuant to Section 44325 shall receive orientation in methods of
teaching pupils with disabilities. At the conclusion of the
preservice training period, the permanent teacher shall provide the
district with information regarding the area that should be
emphasized in the future training of the district intern.
   (B) The successful completion, prior to service by the intern in
any classroom, of six semester units of coursework from a regionally
accredited college or university, designed in cooperation with the
school district to provide instruction and orientation in the aspects
of child development and the methods of teaching the subject matter
or matters in which the district intern will be assigned.
   (4) Instruction in child development and the methods of teaching
during the first semester of service for district interns teaching in
prekindergarten, kindergarten, or  any of  grades 1 to 6,
inclusive, including bilingual education classes and special
education programs.
   (5) Instruction in the culture and methods of teaching bilingual
pupils during the first year of service for district interns teaching
pupils in bilingual classes and, for persons holding district intern
certificates issued by the commission pursuant to Section 44325,
instruction in the etiology and methods of teaching pupils with
disabilities.
   (6) Any other criteria that may be required by the governing
board.
   (7) In addition to the requirements set forth in paragraphs (1) to
(6), inclusive, the professional development plan for district
interns teaching in special education programs shall also include 120
clock hours of mandatory training and supervised fieldwork that
shall include, but not be limited to, instructional practices, and
the procedures and pedagogy of both general education programs and
special education programs that teach pupils with disabilities.
   (8) In addition to the requirements set forth in paragraphs (1) to
(6), inclusive, the professional development plan for district
interns teaching bilingual classes shall also include 120 clock hours
of mandatory training and orientation, which shall include, but not
be limited to, instruction in subject matter relating to
bilingual-crosscultural language and academic development.
   (9) The professional development plan for district interns
teaching in special education programs shall be based on the
standards adopted by the commission as provided in subdivision (a) of
Section 44327.
   (c) Each district intern and each district teacher assigned to
supervise the district intern during the preservice period shall be
compensated for the preservice period required pursuant to
subparagraph (A) or (B) of paragraph (3) of subdivision (b). The
compensation shall be that which is normally provided by each
district for staff development or in-service activity.
   (d) Upon completion of service sufficient to meet program
standards and performance assessments, the governing board may
recommend to the Commission on Teacher Credentialing that the
district intern be credentialed in the manner prescribed by Section
44328.