Bill Text: CA AB383 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Classified School Employee Teacher Credentialing Program: leave of absence for student teaching.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Padilla. [AB383 Detail]
Download: California-2023-AB383-Amended.html
Bill Title: California Classified School Employee Teacher Credentialing Program: leave of absence for student teaching.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Padilla. [AB383 Detail]
Download: California-2023-AB383-Amended.html
|
Amended
IN
Assembly
March 28, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 383
| Introduced by Assembly Member Zbur (Coauthors: Assembly Members Mike Fong, Lee, Muratsuchi, Ortega, Quirk-Silva, and Schiavo) |
February 02, 2023 |
An act to amend Sections 44392 and 44393 of the Education Code, relating to teacher credentialing.
LEGISLATIVE COUNSEL'S DIGEST
AB 383, as amended, Zbur.
California Classified School Employee Teacher Credentialing Program: leave of absence for student teaching.
Under existing law, the governing board of a school district may grant leaves of absences, with or without pay, to persons employed in the classified service of the school district.
Existing law establishes the California Classified School Employee Teacher Credentialing Program for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs, as defined, and to provide instructional service as teachers in the public schools. Existing law requires the commission, subject to an appropriation for these purposes in the annual Budget Act or other statute, to issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding. Existing law requires the criteria adopted by
the commission for the selection of those local educational agencies to participate in the program to include, among other things, the extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education or a local educational agency. Existing law requires an applicant to require participants to provide information, meet requirements, and commit to accomplishing criteria, as provided.
This bill would expand the definition of “teacher training program” to include out-of-state teacher licensure programs that meet certain criteria, as provided. The bill would add wage replacement as one of the criteria that the commission is required to include in its selection of school districts, charter schools, or county offices of education for the program.
The bill would require participating classified employees who participate in the program on or after January 1, 2024, to be entitled to a leave of absence from a participating local educational agency of up to 600 hours for the purpose of completing a student teaching requirement as required by a teacher training program. The bill would require a participating local educational agency, upon a classified employee participant’s request, to provide the participant with a stipend during a leave of absence for student teaching that is equal to the participant’s regular wages and shall would require that local educational agency to
continue to pay for any benefits during the leave. The bill would require a classified employee participant to agree to various terms regarding the stipend, including, among other things, that reimbursement of the stipend is required in certain circumstances and may be withheld from their employee pay, as provided. the commission to increase the individual participant award amount to cover those additional costs relating to the leave of absence, including stipend costs. The bill would require a classified employee participant, under specified circumstances, to reimburse the participating local educational agency the amount of grant funding provided to the employee for assistance and would authorize the participating local educational agency to recover that amount, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Many classified employees are unable to, as a practical matter, obtain teaching certificates due to the requirement of student teaching, which is generally an unpaid position and requires several months to complete.
(b) Despite the hardship of unpaid student teaching, many school districts refuse to grant classified employees a leave of absence in order to complete the student teaching requirement.
(c) Classified employees generally lack the savings required to be
out of work for several months of student teaching due to earning so little pay.
SEC. 2.
Section 44392 of the Education Code is amended to read:44392.
For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings:(a) “Applicant” means a school district, charter school, or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program.
(b)“CAEP” means the Council for the Accreditation of Educator Preparation.
(c)
(b) “Classified school employee” means a noncertificated school employee currently working in a public school.
(d)
(c) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and other public and private not-for-profit institutions of higher education that offer either
a commission-approved teacher preparation program or a program that is accredited both regionally and by CAEP.
program.
(e)
(d) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program.
(f)
(e) “Program” means the California Classified School Employee Teacher
Credentialing Program.
(g)(1)
(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a teacher preparation program approved by the commission that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12,
inclusive.
(2)“Teacher training program” also means an out-of-state teacher licensure program that meets all of the following criteria:
(A)Has both regional accreditation and accreditation by CAEP.
(B)Offers an applicant a teaching license that can then be used to receive a valid California teaching credential from the commission.
(C)Includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive.
SEC. 3.
Section 44393 of the Education Code is amended to read:44393.
(a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.(b) Subject to an appropriation for these purposes in the annual Budget Act or another statute, the commission shall issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts, charter
schools, or county offices of education to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education or a local educational agency, including, but not limited to, wage replacement for a classified school employee who reduces their hours in order to meet the requirements of their teacher training program.
(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses or remote program of the participating institutions of higher education in the development of
coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.
(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand for bilingual cross-cultural teachers and teachers in shortage areas in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive.
(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district, charter school, or county office of education.
(5) The
extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district, charter school, or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.
(d) (1) Participants On or after January 1, 2024, participants in the program shall be entitled to a leave of absence from an applicant
selected to participate pursuant to subdivision (b) of up to 600 hours for the purpose of completing a student teaching requirement as required by a teacher training program.
(2) An applicant shall provide a participant, upon the participant’s request, with a stipend during the leave set forth in paragraph (1) that is equal to the participant’s regular wages and shall continue to pay for any benefits during the leave. The commission shall increase the individual participant award amount to cover these costs.
(e) (1) An applicant shall require participants to satisfy both of the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has successfully completed at least two years of study at a postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment from each participant that the participant will accomplish all of the following:
(A) Graduate from an institution of higher education under the program with a bachelor’s degree.
(B) Complete all of the requirements for, and obtain,
a multiple
subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the school district, charter school, or county office of education for each year that the participant receives assistance for books, fees, tuition, or living expenses while attending an institution of higher education under the program.
(3)An applicant shall require a participant to sign an agreement acknowledging that if the participant requests and receives a stipend, paid benefits, or both, pursuant to paragraph (2) of subdivision (d), then they agree to all of the following terms:
(A)The participant shall reimburse the state or the applicant in full for the stipend, paid benefits, or both, with interest at the legal rate if the participant accepts a teaching position during the regular school year at a school that is not in the state within three years of obtaining their teaching certificate.
(B)Unless the participant serves a total of at least five years as a teacher for local educational agencies within the state, the participant shall reimburse the state or the applicant one-half the stipend, paid benefits, or both, that were received if the participant is offered a teaching position by the same applicant that paid their stipend or benefits, or both, and the participant either declines the position or accepts the position and resigns within the first three years and subsequently works as a teacher for a different local educational agency within the state.
(C)Reimbursement pursuant to subparagraphs (A) and (B) shall be excused for either of the following reasons:
(i)There are no available in-state teaching positions within a 60-mile radius of the participant’s residence.
(ii)The participant suffers from a disability that precludes the participant from continuing to work as a teacher.
(D)Reimbursement pursuant to this paragraph may be pursued by the applicant, the state, or either of their designees starting five years after the participant has completed their teaching program.
(E)In addition to reimbursement of the principal sum pursuant to subparagraphs (A) and (B), the participant shall be liable for prejudgment interest and all expenses of collection, including, but not limited to, attorney’s fees.
(F)If an employer learns that a participant who received a stipend, paid benefits, or both, from an applicant is now subject to reimbursement and is still due to receive pay from this employer, then the employer shall deduct the sum owed by the participant, not to exceed the legal minimum wage, and shall remit those funds to the state. Pay may be withheld until the entire sum owed by the participant has been satisfied.
(3) (A) If a participant fails to earn a preliminary credential or complete the period of the placement, the participant shall reimburse the applicant the amount of grant funding provided to the participant for assistance for books, fees, tuition, or living expenses while attending an institution of higher education under the program.
(B) If a participant has completed at least one school year of teaching but less than the
required number of school years of teaching at a school within the jurisdiction of the applicant, the participant shall have the amount to be reimbursed adjusted proportionately to reflect the participant’s service.
(C) If a participant is unable to complete a school year of teaching, that school year may still be counted toward the required number of school years of teaching if any of the following occur:
(i) The participant has completed at least one-half of the school year.
(ii) The employer
deems the participant to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(iii) The participant was not able to teach due to the financial circumstances of the applicant, including a decision to not reelect the employee for the succeeding school year.
(iv) The participant has a condition that is covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or a similar state law.
(v) The participant was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(f) Applicants may recover from a participant who fails to earn a preliminary credential or complete the period of placement the amount of grant funding provided to the participant for assistance for books, fees, tuition, or living expenses while attending an institution of higher education under the program. The amount to be recovered shall be adjusted proportionately to reflect the participant’s service provided that the participant taught for at least one school year but less than the required number of school years of teaching at a school within the jurisdiction of the applicant.
(f)
(g) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.
(g)
(h) On or before January 1 of each year, the
commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district, charter school, or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.
