Amended  IN  Senate  June 12, 2017
Amended  IN  Senate  June 06, 2017
Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 681

Introduced by Assembly Member Chau

February 15, 2017

An act to amend Sections 44332.5, 44332.6, and 44406 of of, and to add Sections 44275.5 and 44275.6 to, the Education Code, relating to teacher credentialing.


LEGISLATIVE COUNSEL'S DIGEST


AB 681, as amended, Chau. Teacher credentialing: teacher preparation outside of the United States: temporary certificates.
(1) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to issue a 5-year preliminary multiple subject teaching credential, a 5-year preliminary single subject teaching credential, or a 5-year preliminary education specialist credential to a teacher prepared in a country other than the United States who meets specified requirements.
Existing law provides that coursework, programs, or degrees completed at an institution of higher education outside of the United States are acceptable toward certification when the commission or an evaluating agency approved by the commission has determined that the institution’s coursework, programs, or degrees are equivalent to those offered by a regionally accredited institution in the United States.
This bill would authorize the commission to determine that the national standards for coursework, programs, or degrees in a country other than the United States are equivalent to those offered by a regionally accredited institution in the United States. The bill would provide that, if the commission determines that the other country’s national standards are equivalent, an individual who holds or is eligible for a credential in that country is presumed to have satisfied specified requirements for obtaining a credential.
The bill would authorize the commission to enter into an agreement with an evaluating agency as necessary to make a determination regarding another country’s national standards. The bill would also require the commission to adopt regulations necessary to implement these provisions. The bill would require the commission to annually report to the Legislature specified information relating to these provisions.
The bill would require a school district, county office of education, and charter school to annually report to the State Department of Education the number of visa applications for certain nonimmigrant aliens the school district, county office of education, or charter school applies for on behalf of potential employees, and the number of those visa applications that are granted. The bill would require the department to annually report that information to the Legislature.

(1)

(2) Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees whose credentials are being processed by the Commission on Teacher Credentialing. Under existing law, a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, is required to obtain a certificate of clearance from the commission.
This bill instead would require a county board of education or city and county board of education, before issuing a temporary certificate, or a school district, before issuing a temporary certificate of clearance, to obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.

(2)

(3) Existing law authorizes certain school districts, at their discretion, to provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. Existing law prohibits a school district from exercising that authority until the school district has obtained a certificate of clearance from the Commission on Teacher Credentialing.
This bill instead would require a school district, before providing for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district, to obtain proof that the holder has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.

(3)

(4) Existing law authorizes a county board of education or city and county board of education to issue temporary certificates to certified employees of nonpublic, nonsectarian schools, including individuals certified in another state, whose credentials are being processed by the Commission on Teacher Credentialing. Existing law requires a county board of education or city and county board of education, before issuing a temporary certificate, to obtain a certificate of clearance from the commission.
This bill instead would require a county board of education or city and county board of education, before issuing a temporary certificate, to obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 44275.5 is added to the Education Code, to read:

44275.5.
 (a) In addition to the authority granted to the commission under Section 44275.4, the commission may determine that the national standards for coursework, programs, or degrees in a country other than the United States are equivalent to those offered by a regionally accredited institution in the United States. If the commission determines that the other country’s national standards are equivalent, an individual who holds or is eligible for a credential in that country is presumed to have satisfied the requirements of paragraph (1) of subdivision (b) of Section 44275.4.
(b) The commission may enter into an agreement with an evaluating agency as necessary to make a determination regarding another country’s national standards.
(c) The commission shall adopt regulations necessary to implement this section, including regulations that do both of the following:
(1) Establish uniform standards for making a determination regarding another country’s national standards.
(2) Prescribe the procedure by which a determination regarding another country’s national standards shall occur.
(d) (1) The commission shall annually report to the Legislature the list of countries that qualify under this section, the number of credential applications from foreign countries that are approved, and the country of origin of those credential applications.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Section 44275.6 is added to the Education Code, to read:

44275.6.
 (a) A school district, county office of education, and charter school shall annually report to the department, in a manner prescribed by the department, the number of visa applications for nonimmigrant aliens described in Section 1101(a)(15)(H)(i)(b) of Title 8 of the United States Code that the school district, county office of education, or charter school applies for on behalf of potential employees, and the number of those visa applications that are granted.
(b) (1) The department shall annually report the information provided pursuant to subdivision (a) to the Legislature.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.SEC. 3.

 Section 44332.5 of the Education Code is amended to read:

44332.5.
 (a) (1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2) A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained proof that the holder has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.
(b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1) Made full disclosure of all facts necessary to establish his or her true identity.
(2) (A) Made a statement under penalty of perjury that he or she has not been convicted of a crime that would constitute grounds for the denial of the credential, permit, or certificate applied for.
(B) An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3) Paid to the commission the amount of twelve dollars ($12) or the fees or costs that have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates that were applied for or issued after October 1, 1981.
(c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.

SEC. 2.SEC. 4.

 Section 44332.6 of the Education Code is amended to read:

44332.6.
 (a) (1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2) Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.
(b) This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(d) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(e) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.
(2) Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.

SEC. 3.SEC. 5.

 Section 44406 of the Education Code is amended to read:

44406.
 (a) Before issuing a temporary certificate pursuant to Section 44405, a county board of education or city and county board of education shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.
(b) The conditions under which a temporary certificate issued pursuant to Section 44405 may or shall be revoked, issued, or denied, as applicable, shall be the same for nonpublic, nonsectarian schools as for schools operated by local educational agencies, as provided in Article 8 (commencing with Section 44330).