Bill Text: CA AB3149 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Substitute teachers: Teaching Permit for Statutory Leave: expanded pathways.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-08-31 - Ordered to inactive file at the request of Senator Monning. [AB3149 Detail]

Download: California-2017-AB3149-Amended.html

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Amended  IN  Assembly  May 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3149

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Introduced by Assembly Member Limón

February 16, 2018

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An act to add and repeal Section 44303 to of the Education Code, relating to substitute teachers.

LEGISLATIVE COUNSEL'S DIGEST

AB 3149, as amended, Limón. Substitute teachers: days of service: renewal of permits. permits: duration.

Existing law authorizes the Commission on Teacher Credentialing to issue various types of teaching and services credentials, including preliminary and clear multiple and single subject teaching credentials. The commission is also authorized to issue emergency teaching and specialist permits that correspond to specified credential types. Existing regulations provide for procedures by which the commission may issue a permit authorizing the holder to substitute teach, limiting the holder to not serve as a substitute for more than 30 days for any one teacher in a general education classroom during the school year, or 20 days for any one teacher in a special education classroom during the school year. Existing regulations also authorize a local employing agency to request from the commission that the Teaching Permit for Statutory Leave be used when a teacher of record is unable to provide services due to a statutory leave, and require the local employing agency to submit to the commission verification that the substitute teacher for whom the Teaching Permit for Statutory Leave is requested has completed 45 hours of pre-service preparation, as provided.

This bill would authorize a local educational agency to allow a person authorized to serve as a substitute teacher to substitute teach for up to 60 days in a general education classroom when the teacher of record elects to extend a leave beyond 30 days, and for up to 50 days in a special education classroom when the teacher of record elects to extend a leave beyond 20 days. The bill would require a local educational agency, if it allows a substitute teacher to serve for up to 60 days in a general education classroom or for up to 50 days in a special education classroom, to apply for a Teaching Permit for Statutory Leave. The bill would require, if a substitute teacher for whom a local educational agency has applied for a Teaching Permit for Statutory Leave has not completed 45 hours of pre-service preparation, the substitute teacher to agree to complete the 45 hours of pre-service preparation before the end of the 60 days in a general education classroom or the 50 days in a special education classroom, as provided.

This bill would make these provisions inoperative on July 1, 2025, and would repeal them as of January 1, 2026.

Existing law authorizes the Commission on Teacher Credentialing to issue various types of teaching and services credentials, including preliminary and clear multiple and single subject teaching credentials. The commission is also authorized to issue emergency teaching and specialist permits that correspond to specified credential types. Statutory provisions specify the requirements with which applicants for those credentials and permits are required to comply.

Existing regulations provide for procedures by which the commission may issue a permit authorizing the holder to substitute teach, limiting each school year to up to 30 days for any one teacher in a general education classroom, or 20 days for any one teacher in a special education classroom.

This bill would permit a person authorized to serve as a substitute teacher pursuant to those regulations, or any successor regulations, to serve as a substitute teacher for as long as the teacher of record is on leave.

Existing regulations require an employing agency to request the issuance of short-term staff permits when there is an acute staffing need and provisional internship permits when a suitable credentialed teacher cannot be found after a diligent search. Existing regulations require that these permits be issued for a term of no more than one year. Existing regulations prohibit the reissue of a short-term staff permit and prohibit the renewal of a provisional internship permit.

This bill would authorize the reissue or renewal, as applicable, of either of those permits for a second year if the person holding the permit is, at the time of renewal, substitute teaching for a teacher of record whose leave will extend into the following school year.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 44303 is added to the Education Code, to read:

44303.

 (a) (1) A local educational agency may, at its discretion, allow a person authorized to serve as a substitute teacher pursuant to Section 80025 or 80025.3 of Title 5 of the California Code of Regulations, or any successor regulations, to substitute teach for up to 60 days in a general education classroom when the teacher of record elects to extend a leave beyond 30 days.

(2) A local educational agency may, at its discretion, allow a person authorized to serve as a substitute teacher pursuant to Section 80025 or 80025.3 of Title 5 of the California Code of Regulations, or any successor regulations, to substitute teach for up to 50 days in a special education classroom when the teacher of record elects to extend a leave beyond 20 days.

(b) If, pursuant to subdivision (a), a local educational agency allows a substitute teacher to serve for up to 60 days in a general education classroom or up to 50 days in a special education classroom, the local educational agency shall apply for a Teaching Permit for Statutory Leave, as provided in Section 80022 of Title 5 of the California Code of Regulations.

(c) (1) If a substitute teacher for whom a local educational agency has applied for a Teaching Permit for Statutory Leave pursuant to subdivision (b) has not completed 45 hours of pre-service preparation, as required pursuant to Section 80022 of Title 5 of the California Code of Regulations, the substitute teacher shall agree to complete the 45 hours of pre-service preparation before the end of the 60 days in a general education classroom or the 50 days in a special education classroom authorized pursuant to subdivision (a).

(2) For a substitute teacher subject to paragraph (1), the local educational agency shall certify that a substitute teacher who has completed 22.5 hours of preparation for purposes of the Teaching Permit for Statutory Leave on or before the 45th day for a general education substitute teacher, or on or before the 35th day for a special education substitute teacher, has made satisfactory progress. If the substitute teacher has not made satisfactory progress on or before the 45th day for a general education substitute teacher or on or before the 35th day for a special education substitute teacher, the local educational agency shall remove the substitute teacher from the classroom.

(d) This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.

SECTION 1.Section 44303 is added to the Education Code, to read:

44303.

(a)A person authorized to serve as a substitute teacher pursuant to Section 80025 or 80025.3 of Title 5 of the California Code of Regulations, or any successor regulations, may serve as a substitute for a teacher of record for as long as the teacher of record is on leave.

(b)A short-term staff permit or a provisional internship permit, pursuant to Sections 80021 and 80021.1, respectively, of Title 5 of the California Code of Regulations, or any successor regulations, may be reissued or renewed, as applicable, for a second year if the person holding the permit is, at the time of renewal, serving as a substitute teacher for a teacher of record whose leave will extend into the following school year.