Amended  IN  Assembly  May 16, 2018
Amended  IN  Assembly  May 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3149

Introduced by Assembly Member Limón

February 16, 2018

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


LEGISLATIVE COUNSEL'S DIGEST


AB 3149, as amended, Limón. Substitute teachers: permits: duration. Teaching Permit for Statutory Leave: expanded pathways.
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 an Emergency 30-Day Substitute Teaching Permit authorizing the holder to substitute teach, as provided. 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, as provided.
This bill would require the commission, through a stakeholder process, to determine whether there is a need to provide a person who holds an Emergency 30-Day Substitute Teaching Permit, who is otherwise qualified to receive a Teaching Permit for Statutory Leave, expanded pathways for meeting the requirements of the Teaching Permit for Statutory Leave, and to make regulatory changes as necessary, on or before July 1, 2019.

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.

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

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


SECTION 1.

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

44303.
 The commission shall, through a stakeholder process, determine whether there is a need to provide a person who holds an Emergency 30-Day Substitute Teaching Permit, as provided in Section 80025 of Title 5 of the California Code of Regulations, who is otherwise qualified to receive a Teaching Permit for Statutory Leave, as provided in Section 80022 of Title 5 of the California Code of Regulations, expanded pathways for meeting the requirements of the Teaching Permit for Statutory Leave, and to make regulatory changes as necessary, on or before July 1, 2019.

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.