Bill Text: CA AB872 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 872

Bill Title: Elementary and secondary education: omnibus bill.

Spectrum: Committee Bill

Status: (Passed) 2023-09-30 - Chaptered by Secretary of State - Chapter 273, Statutes of 2023. [AB872 Detail]

Download: California-2023-AB872-Chaptered.html

Assembly Bill No. 872

CHAPTER 273

An act to amend Sections 1206 and 1208 of the Education Code, and to amend Section 1501.1 of the Health and Safety Code, relating to elementary and secondary education.

[ Approved by Governor September 30, 2023. Filed with Secretary of State September 30, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 872, Committee on Education. Elementary and secondary education: omnibus bill.

(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 prohibits a person who does not possess a valid credential issued by the State Board of Education, as provided, from being elected or appointed to office as county superintendent of schools. Existing law requires all county superintendents of schools to possess a valid certification document authorizing administrative services.

This bill would instead prohibit a person who does not possess a valid credential issued by the Commission on Teacher Credentialing from being elected or appointed to office as county superintendent of schools and would require all county superintendents of schools to instead possess a valid administrative credential issued by the commission, as provided.

(2) Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities by the State Department of Social Services, including various residential care facilities for children who require out-of-home placement under certain circumstances. Existing law declares the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. Existing law authorizes children with varying designations and varying needs, including nonminor dependents, as defined, to be placed in the same facility, licensed foster family home, or with a foster family agency, as provided.

This bill would explicitly authorize community care facilities, licensed foster family homes, and foster family agencies to include nonminors who are individuals with exceptional needs, as defined, within the group of children with varying designations and varying needs that may be placed in the applicable facility, home, or agency, as provided.

Under the Community Care Facilities Act, references to a “child” include nonminor dependents and nonminor former dependents or wards.

This bill would, for purposes of the Community Care Facilities Act, explicitly state that references to a “child” include nonminors who are individuals with exceptional needs.

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

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

SECTION 1.

Section 1206 of the Education Code is amended to read:

1206.

(a) Except as provided in subdivision (b), no person shall hereafter be elected or appointed to office as county superintendent of schools of any county who does not possess a valid credential issued by the Commission on Teacher Credentialing of the type designated in this article for each class.

(b) Where a county changes from one class to another because of an increase in the average daily attendance in the public schools of that county, the incumbent county superintendent of schools in that county shall not be prohibited from continuing in office and shall be eligible for reelection to the same office regardless of whether the incumbent county superintendent of schools possesses a valid credential otherwise required in a county of that class.

SEC. 2.

Section 1208 of the Education Code is amended to read:

1208.

(a) All county superintendents of schools in counties within classes (1) to (8), inclusive, shall possess a valid administrative credential issued by the Commission on Teacher Credentialing.

(b) For purposes of this section, the possession of a valid elementary administrative credential and a valid secondary administrative credential are equivalent to the possession of a valid general administrative credential.

SEC. 3.

Section 1501.1 of the Health and Safety Code is amended to read:

1501.1.

(a) It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan.

(b) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by Section 56026 of the Education Code.

(c) Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a facility to be licensed by the department.

(d) Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same licensed foster family home or with a foster family agency for subsequent placement in a certified family home or with a resource family. Children, including nonminor dependents, with developmental disabilities, mental disorders, or physical disabilities may be placed in licensed foster family homes or certified family homes or with resource families, provided that an appraisal of the child’s or nonminor dependent’s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of certified family homes or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home.

(e) (1) For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies.

(2) For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code.