Bill Text: CA SB941 | 2011-2012 | Regular Session | Chaptered


Bill Title: Teachers: credentialing.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 348, Statutes of 2011. [SB941 Detail]

Download: California-2011-SB941-Chaptered.html
BILL NUMBER: SB 941	CHAPTERED
	BILL TEXT

	CHAPTER  348
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN ASSEMBLY  JUNE 30, 2011
	AMENDED IN ASSEMBLY  JUNE 14, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)

                        MARCH 24, 2011

   An act to amend Sections 44274.2, 44279.1, 44279.2, 44279.4,
44371, and 44372 of, to add Section 44399.1 to, and to repeal
Sections 44279.5 and 44279.6 of, the Education Code, relating to
teachers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 941, Committee on Education. Teachers: credentialing.
   Existing law requires the Commission on Teacher Credentialing to
issue a 5-year preliminary teaching credential, including a
preliminary 5-year "professional clear teaching credential," to an
out-of-state prepared teacher who meets specified requirements.
Existing law requires the commission to issue a professional clear
teaching credential to an out-of-state prepared applicant who
satisfies specified requirements, provides verification of 2 or more
years of teaching experience, and documents the fulfillment of other
specified requirements. If the applicant does not meet the experience
requirement, the applicant is required to be issued credentials upon
verification of other requirements, including that the commission
has issued the applicant a preliminary 5-year teaching credential.
   This bill would remove reference to a "professional clear teaching
credential" and instead simply refer to a "clear teaching
credential." The bill would require that an out-of-state prepared
applicant in both special education and general education, who has
earned a clear California education specialist credential, be granted
a clear multiple subject or clear single subject teaching credential
without first holding a preliminary multiple subject or single
subject teaching credential, unless the commission determines that
the applicant does not meet other specified requirements.
   Existing law establishes the California Beginning Teacher Support
and Assessment System that shall, among other things, ensure that
programs meet the Standards of Quality and Effectiveness for
Beginning Teacher Support and Assessment Programs adopted by the
commission in 1997, and establish an effective, coherent system of
performance assessments based upon the California Standards for the
Teaching Profession adopted by the commission in 1997, which the
Superintendent of Public Instruction and the commission are also
required to disseminate, as specified.
   This bill would remove reference to the year in which these
standards were adopted by the commission.
   Existing law provides that any credential candidate who is
eligible for a preliminary credential shall be eligible for a
classroom teaching position with beginning teacher support and
assessment; however, requirements relating to beginning teacher
support and assessment may be waived by the commission for
individuals who are pursuing alternative entry programs, as
specified, including the successful completion of at least 2 years of
classroom instruction under a district intern certificate.
   This bill would also permit the commission to waive requirements
relating to beginning teacher support and assessment for an
individual who has completed a clear credential program after
completion of a baccalaureate degree at a regionally accredited
institution.
   Existing law states the intent of the Legislature that beginning
teachers who have been issued a preliminary credential receive
support and assistance, as specified, and that the commission
establish procedures to assess the teaching performance of beginning
teachers, as specified.
   This bill would repeal these provisions.
   Existing law requires the commission to adopt and implement an
accreditation framework, which sets forth the policies of the
commission regarding the accreditation of educator preparation in
California, and to modify the framework in accordance to specified
provisions. Existing law requires the system for accreditation of
educator preparation to replace the prior system of program approval
established in 1970. Existing law also requires the commission, with
the Committee on Accreditation, to select an external evaluator to
conduct an evaluation of accreditation policies.
   This bill would delete provisions relating to replacement of the
prior system of program approval, provisions relating to the
modification of the framework, and provisions requiring selection of
an external evaluator.
   Existing law requires the commission to issue a clear credential
to the holder of a preliminary teaching or services credential who
attains certification from the National Board for Professional
Teaching Standards. Existing law requires the clear credential issued
pursuant to these provisions to authorize the credentialholder to
teach or provide services in the area that the commission determines
is equivalent to the certificate field in which the teacher or
services provider received certification from the National Board for
Professional Teaching Standards.
   This bill would require the commission to issue an authorization
for an additional subject or for a new teaching credential type to
the holder of a valid multiple subject or single subject teaching
credential, or eligible applicant, who has earned certification from
the National Board for Professional Teaching Standards in the
additional single subject content area or the new multiple subject or
single subject teaching credential type. The bill, notwithstanding
these provisions, would authorize the commission to require the
applicant to pass a commission-approved subject matter examination
before the issuance of the credential or authorization request when
there is no direct equivalence between the national certification and
the state subject or credential type.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44274.2 of the Education Code is amended to
read:
   44274.2.  (a) Notwithstanding any provision of this chapter, the
commission shall issue a five-year preliminary multiple subject
teaching credential authorizing instruction in a self-contained
classroom, a five-year preliminary single subject teaching credential
authorizing instruction in departmentalized classes, or a five-year
preliminary education specialist credential authorizing instruction
of special education pupils to an out-of-state prepared teacher who
meets all of the following requirements:
   (1) Possesses a baccalaureate degree from a regionally accredited
institution of higher education.
   (2) Has completed a teacher preparation program at a regionally
accredited institution of higher education, or a state-approved
teacher preparation program offered by a local educational agency.
   (3) Meets the subject matter knowledge requirements for the
credential. If the subject area listed on the out-of-state credential
does not correspond to a California subject area, as specified in
Sections 44257 and 44282, the commission may require the applicant to
meet California subject matter requirements before issuing a clear
credential.
   (4) Has earned a valid corresponding elementary, secondary, or
special education teaching credential based upon the out-of-state
teacher preparation program. For the education specialist credential,
the commission shall determine the area of concentration based on
the special education program completed out of state.
   (5) Has successfully completed a criminal background check
conducted under Sections 44339, 44340, and 44341 for credentialing
purposes.
   (b) The holder of a credential issued pursuant to this section
shall meet the state basic skills proficiency requirement set forth
in Section 44252 within one year of the date the credential is issued
or the credential shall become invalid.
   (c) The commission shall issue a clear multiple subject, single
subject, or education specialist teaching credential to an applicant
who satisfies the requirements of subdivision (a), provides
verification of two or more years of teaching experience, including,
but not limited to, two satisfactory performance evaluations, and
documents, in a manner prescribed by the commission, that he or she
fulfills each of the following requirements:
   (1) The applicant has completed 150 clock hours of activities that
contribute to his or her competence, performance, and effectiveness
in the education profession, and that assist the applicant in meeting
or exceeding standards for professional preparation established by
the commission, or the applicant has earned a master's degree or
higher in a field related to the credential, or the equivalent
semester units, from a regionally accredited institution of higher
education.
   (2) The applicant has met the state requirements for teaching
English learners including, but not limited to, the requirements in
Section 44253.3.
   (d) For applicants who do not meet the experience requirement
described in subdivision (c), the commission shall issue a clear
multiple subject, single subject, or education specialist teaching
credential upon verification of the following requirements:
   (1) The commission has issued to the applicant a preliminary
five-year teaching credential pursuant to subdivision (a). However,
an out-of-state prepared applicant in both special education and
general education, who has earned a clear California education
specialist credential, shall be granted a clear multiple subject or
clear single subject teaching credential without first holding a
preliminary multiple subject or single subject teaching credential,
unless the commission determines that the applicant does not meet the
other requirements of this subdivision.
   (2) The applicant has completed a beginning teacher induction
program pursuant to paragraph (2) of subdivision (c) of Section
44259.
   (3) The applicant has met the requirements for teaching English
learners, including, but not limited to, the requirements in Section
44253.3.
   (4) Before issuing an education specialist credential under this
subdivision, the commission shall verify completion of a program for
the Professional Level II credential accredited by the commission.
  SEC. 2.  Section 44279.1 of the Education Code is amended to read:
   44279.1.  (a) The Legislature finds and declares that the
beginning years of the career of a teacher are a critical time in
which it is necessary that intensive professional development and
assessment occur. The Legislature recognizes that the public invests
heavily in the preparation of prospective teachers, and that more
than one-half of all new teachers leave some California school
districts after one or two years in the classroom. Intensive
professional development and assessment are necessary to build on the
preparation that precedes initial certification, to transform
academic preparation into practical success in the classroom, to
retain greater numbers of capable beginning teachers, and to remove
novices who show little promise as teachers. It is the intent of the
Legislature that the commission and the Superintendent develop and
implement policies to govern the support and assessment of beginning
teachers, as a condition for the professional certification of those
teachers in the future.
   (b) There is hereby established the California Beginning Teacher
Support and Assessment System, to be administered jointly by the
commission and the Superintendent. In administering the system, the
commission and the Superintendent shall approve the most
cost-effective programs of support and assessment. The commission and
the Superintendent also shall ensure that programs meet the
Standards of Quality and Effectiveness for Beginning Teacher Support
and Assessment Programs adopted by the commission and that local
programs support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission. The system shall do all of the following:
   (1) Provide an effective transition into the teaching career for
first-year and second-year teachers in California.
   (2) Improve the educational performance of pupils through improved
training, information, and assistance for new teachers.
   (3) Enable beginning teachers to be effective in teaching pupils
who are culturally, linguistically, and academically diverse.
   (4) Ensure the professional success and retention of new teachers.

   (5) Ensure that a support provider provides intensive
individualized support and assistance to each participating beginning
teacher.
   (6) Improve the rigor and consistency of individual teacher
performance assessments and the usefulness of assessment results to
teachers and decisionmakers.
   (7) Establish an effective, coherent system of performance
assessments that are based on the California Standards for the
Teaching Profession adopted by the commission.
   (8) Examine alternative ways in which the general public and the
educational profession may be assured that new teachers who remain in
teaching have attained acceptable levels of professional competence.

   (9) Ensure that an individual induction plan is in place for each
participating beginning teacher and is based on an ongoing assessment
of the development of the beginning teacher.
   (10) Ensure continuous program improvement through ongoing
research, development, and evaluation.
   (c) Participation in the system shall be voluntary for teachers,
school districts, and county offices of education and participation
by certificated employees shall not be made a condition of
employment. The commission and the Superintendent shall adopt and
implement criteria and standards for participation in the system,
including criteria regarding the eligibility of teachers and
standards of local program quality and intensity for schools, school
districts, county offices of education, colleges, universities, and
other educational and professional organizations. The criteria and
standards shall be consistent with the purposes of the system.
   (d) (1) For purposes of this article, unless the context otherwise
requires, "beginning teacher" means a teacher with a valid
California credential, as defined in Section 44259.
   (2) For purposes of this article, "beginning teacher" does not
include a teacher with a life or a clear teaching credential who
returns to serve in a certificated teaching position.
   (e) Subject to verification and approval by an induction program
director, a beginning teacher shall not be required to demonstrate
that an induction standard has been met, or complete an element of an
approved induction program designed to assist a candidate in
mastering a given standard, if the candidate previously met the
induction standard while participating in a commission-approved
preparation program.
   (f) The Superintendent and the commission shall disseminate the
California Standards for the Teaching Profession adopted by the
commission to colleges, universities, school districts, county
offices of education, and professional associations, who shall be
encouraged to use the standards in efforts to improve teacher
preparation and support programs. Performance assessments developed
under this article shall be designed to provide useful, helpful
feedback to beginning teachers and their support providers. That
information shall not be used for employment-related evaluations, as
a condition of employment, or as a basis for terminating employment.
   (g) It is the intent of the Legislature that the commission and
the Superintendent establish a statewide teacher induction program
that supports locally designed, high-quality induction programs that
provide individualized support and formative assessment for all
participating beginning teachers as defined in subdivision (d). At
the discretion of the local beginning teacher support and assessment
system teacher induction program, funds allocated to a program on the
basis of eligible beginning teachers may be used to provide support,
assistance, and preparation services to other credential candidates
who are in their first or second year of employment as a classroom
teacher.
   (h) This article shall be known, and may be cited, as the Marian
Bergeson Beginning Teacher Support and Assessment System.
  SEC. 3.  Section 44279.2 of the Education Code is amended to read:
   44279.2.  (a) The Superintendent and the commission shall jointly
administer the California Beginning Teacher Support and Assessment
System pursuant to this chapter. In administering this section, the
Superintendent and the commission shall provide or contract for the
provision of all of the following:
   (1) Establishing requirements for reviewing and approving teacher
induction programs.
   (2) Developing and administering a system for ensuring teacher
induction program quality and effectiveness. For purposes of this
section, "program effectiveness" means producing excellent program
outcomes in relation to the purposes defined in subdivision (b) of
Section 44279.1. For purposes of this section, "program quality"
means excellence with respect to program factors, including, but not
limited to, all of the following:
   (A) Program goals.
   (B) Design resources.
   (C) Management, evaluation, and improvement of the program.
   (D) School context and working conditions.
   (E) Support and assessment services to each beginning teacher.
   (3) Developing purposes and functions for reviewing and approving
supplemental grants and standards for program clusters and program
consultants, as defined pursuant to Section 44279.7.
   (4) Improving and refining the formative assessment system.
   (5) Improving and refining professional development materials and
strategies for all personnel involved in implementing induction
programs.
   (6) Conducting and tracking research related to beginning teacher
induction.
   (7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission and
the Standards of Quality and Effectiveness for Beginning Teacher
Support and Assessment Program adopted by the commission and making
changes to those documents, as necessary.
   (b) As part of the California Beginning Teacher Support and
Assessment System, the commission and the Superintendent shall
establish requirements for local teacher induction programs.
   (c) A school district or consortium of school districts may apply
to the Superintendent for funding to establish a local teacher
induction program pursuant to this section. From amounts appropriated
for purposes of this section, the Superintendent shall allocate
three thousand dollars ($3,000) for each beginning teacher
participating in the program. That amount shall be adjusted each
fiscal year by the inflation factor set forth in Section 42238.1. To
be eligible to receive funding, a school district or consortium of
school districts shall, at a minimum, meet all of the following
requirements:
   (1) Develop, implement, and evaluate teacher induction programs
that meet the Quality and Effectiveness for Beginning Teacher
Induction Program Standards adopted by the commission.
   (2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession
adopted by the commission.
   (3) Meet criteria for the cost-effective delivery of program
services.
   (4) From amounts received from local, state, or resources
available for purposes of teacher induction programs, contribute not
less than two thousand dollars ($2,000) for the costs of each
beginning teacher served in the induction program.
   (d) Teachers who have received their preliminary credential in a
district intern program pursuant to Article 7.5 (commencing with
Section 44325) or an intern program pursuant to Article 3 (commencing
with Section 44450) of Chapter 3 and who are participating in an
induction program pursuant to this section are not eligible for
funding pursuant to Article 11 (commencing with Section 44380) of
Chapter 2.
  SEC. 4.  Section 44279.4 of the Education Code is amended to read:
   44279.4.  (a) (1) It is the intent of the Legislature that one
full year, or the equivalent thereof, of paid, classroom teaching
experience and beginning teacher support and assessment shall be a
prerequisite to obtaining a professional credential to teach in the
California public schools.
   (2) Any credential candidate who is eligible for a preliminary
credential shall be eligible for a classroom teaching position with
beginning teacher support and assessment. The requirements of this
article may be waived by the commission for individuals who are
pursuing alternative entry programs established pursuant to
subdivision (g) of Section 44225 and subparagraph (B) of paragraph
(3) of subdivision (c) of Section 44259.
   (b)  It is the intent of the Legislature that support and
assessment of beginning teachers shall be governed by standards
adopted by the commission in consultation with the Superintendent and
the state board.
   (c) A beginning teacher who has been issued a preliminary teaching
credential and a preliminary specialty credential pursuant to
paragraph (3) of subdivision (b) of Section 44225 shall be eligible
for one year of beginning teacher support and assessment that
combines classroom teaching and specialty instruction.
  SEC. 5.  Section 44279.5 of the Education Code is repealed.
  SEC. 6.  Section 44279.6 of the Education Code is repealed.
  SEC. 7.  Section 44371 of the Education Code is amended to read:
   44371.  (a) The system for accreditation of educator preparation
shall do all of the following:
   (1) Concentrate on the overall quality of educator preparation in
credential programs.
   (2) Hold professional elementary, secondary, and postsecondary
educators responsible for quality in the preparation of professional
practitioners.
   (3) Contribute to improvements in educator preparation and
recognize excellence in preparation programs and institutions.
   (4) Be governed by an accreditation framework that sets forth the
policies of the commission regarding the accreditation of educator
preparation.
   (b) The accreditation framework shall do all of the following:
   (1) Establish broad, flexible policies and standards for
accreditation of educator preparation.
   (2) Define the accreditation responsibilities, authority, and
roles of the commission and the Committee on Accreditation.
   (3) Establish an accreditation system that is efficient and cost
effective.
   (4) Require that accreditation decisions be based on sufficient,
reliable evidence about the quality of educator preparation.
  SEC. 8.  Section 44372 of the Education Code is amended to read:
   44372.  The powers and duties of the commission regarding the
accreditation system shall include the following:
   (a) Adopt and implement an accreditation framework, which sets
forth the policies of the commission regarding the accreditation of
educator preparation in California.
   (b) Establish and modify credential-specific standards,
experimental program standards, and alternative program standards, as
defined in the adopted accreditation framework.
   (c) Rule on the eligibility of an applicant for accreditation when
the applying institution has not previously prepared educators for
state certification in California, pursuant to subdivision (a) of
Section 44227.
   (d) Appoint and reappoint the members of the Committee on
Accreditation, in accordance with Section 44373, by selecting among
nominees submitted by a panel of distinguished educators.
   (e) Review periodic accreditation reports by the Committee on
Accreditation, and refer accreditation issues and concerns to the
committee for its examination and response.
   (f) Hear and resolve appeals of accreditation decisions, pursuant
to subdivision (e) of Section 44374.
   (g) Allocate resources annually for implementation of the
accreditation system.
   (h) With the Committee on Accreditation, jointly design an
evaluation of accreditation policies and their implementation.
   (i) Inform and advise the Legislature regarding statutory issues
related to accreditation, and submit legislative recommendations,
after considering the advice of the Committee on Accreditation,
educational institutions, and professional organizations.
  SEC. 9.  Section 44399.1 is added to the Education Code, to read:
   44399.1.  (a) The commission shall issue an authorization for an
additional subject or for a new teaching credential type to the
holder of a valid California multiple subject or single subject
teaching credential, or eligible applicant, who has earned
certification from the National Board for Professional Teaching
Standards in the additional single subject content area or the new
multiple subject or single subject teaching credential type.
   (b) Notwithstanding subdivision (a), when there is no direct
equivalence between the national certification and the California
subject or credential type, the commission shall determine the
subject or credential type or may require the applicant to pass a
commission-approved subject matter examination before issuance of the
credential or authorization request. An applicant for a multiple
subject teaching credential may also be required to pass a
commission-approved subject matter examination in order to comply
with federal and state subject matter requirements, including, but
not limited to, the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.).
           
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