California Assembly Bill AB364 Introduced / Bill

 BILL NUMBER: AB 364INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Torlakson FEBRUARY 23, 2009 An act to amend Sections 8483.55 and 44393 of, and to add and repeal Section 44394 of, the Education Code, relating to after school programs. LEGISLATIVE COUNSEL'S DIGEST AB 364, as introduced, Torlakson. California After School Teacher Pipeline Program. (1) The After School Education and Safety Program Act of 2002, enacted by the initiative measure Proposition 49, establishes the After School Education and Safety Program to serve pupils in kindergarten and grades 1 to 9, inclusive, at participating public elementary, middle, junior high, and charter schools. The Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997 establishes the California School Paraprofessional Teacher Training Program for the purpose of recruiting paraprofessionals 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. This bill would establish the California After School Teacher Pipeline Program, a pilot program, for the purpose of recruiting qualified after school instructors to participate on a pilot basis in the California School Paraprofessional Teacher Training Program. The bill would require the Commission on Teacher Credentialing to select up to 4 school districts or county offices of education receiving program funds under the California School Paraprofessional Teacher Training Program to apply for pilot program funds. The bill would require the commission to use the $150,000 annually transferred by the State Department of Education, as described in (2) below, to award a grant to each selected applicant, not to exceed $3,500 per pilot participant per year. The bill would require the commission, before January 1, 2015, to report to the Legislature regarding the pilot program, as specified. The bill would make these provisions inoperative on July 1, 2016, and repeal them on January 1, 2017. (2) The After School Education and Safety Program Act of 2002 makes 1.5% of the funds continuously appropriated for purposes of that program available to the department for purposes of providing technical assistance, evaluation, and training services, and for providing local assistance funds to support program improvement and technical assistance. The act authorizes the Legislature to amend that funding provision by a majority vote if the amendment furthers the purposes of the act. This bill, commencing with the 2010-11 fiscal year, would require the department annually to transfer $150,000 of those funds to the commission for purposes of implementing the California After School Teacher Pipeline Program. (3) This bill also would include a finding and declaration of the Legislature that the bill's provisions further the purposes of the After School Education and Safety Program Act of 2002. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8483.55 of the Education Code is amended to read: 8483.55. (a) From the funds appropriated pursuant to subdivision (b) of Section 8483.5, the department may spend 1.5 percent to cover evaluation costs and to provide training and support to ensure quality program implementation, development, and sustainability and may pay its costs of awarding and monitoring grants. (b)  (1)    Beginning with the 2006-07 fiscal year, 1.5 percent of the funds appropriated pursuant to this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for providing local assistance funds to support program improvement and technical assistance.  (2) Commencing with the 2010-11 fiscal year, one hundred fifty thousand dollars ($150,000) of the funds appropriated as described in this section shall be transferred annually by the department to the Commission on Teacher Credentialing for purposes of implementing the California After School Teacher Pipeline Program established in Section 44394.   (1)   (3)    The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance. The department shall allocate an appropriate level of technical assistance funds to the regional system of support to support program startup within 45 days after grant awards to programs.  (2)   (4)    (A) Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to paragraph (2) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday. (B) The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009. (c) The department shall contract for an independent statewide evaluation of the effectiveness of programs funded pursuant to this article to be prepared and submitted to the Legislature. The evaluation shall include a comparison of outcomes for participating pupils and similarly situated pupils who did not participate in the program. A report shall be submitted to the Governor and the Legislature on or before October 1, 2011, providing data that includes, but is not limited to, all of the following: (1) Data collected pursuant to Section 8484. (2) Data adopted through the process outlined in subdivision (b) of Section 8421.5 and subdivision (g) of Section 8482.4. (3) Number and type of sites and grantees participating in the program. (4) Pupil program attendance, as reported semiannually, and pupil schoolday attendance, as reported annually. (5) Pupil program participation rates. (6) Quality of program drawing on the research of the Academy of Sciences on critical features of programs that support healthy youth development. (7) The participation rates of local educational agencies. (8) Local partnerships. (9) The academic performance of participating pupils in English language arts and mathematics, as measured by the results of the Standardized Testing and Reporting (STAR) Program established pursuant to Section 60640. (d) A final report shall be submitted to the Governor and the Legislature on or before December 1, 2011. The final report shall include, but not be limited to, all of the following: (1) Updated data on the measures specified in subdivision (b), including, but not limited to, changes in those measures. (2) The prevalence and frequency of activities included in funded programs. SEC. 2. Section 44393 of the Education Code is amended to read: 44393. (a) The California School Paraprofessional Teacher Training Program is hereby established for the purpose of recruiting school paraprofessionals 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) The commission, in consultation with the Chancellor of the California Community Colleges, the Chancellor of the California State University, the President of the University of California, the chancellors of private  postsecondary educational  institutions  of higher education  that offer accredited teacher training programs, and representatives of certificated and classified employee organizations, shall select 24 or more school districts or county offices of education representing rural, urban, and suburban areas that apply to participate in the program. The commission shall ensure that, at a minimum, a total of 600 school paraprofessionals are recruited from among the 24 or more participating school districts or county offices of education. The criteria adopted by the commission for the selection of school districts 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 school paraprofessionals in teacher training programs conducted at  postsecondary educational  institutions  of higher education  . (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 of the participating  postsecondary educational  institutions  of higher education  in the development of coursework and teaching programs for participating school paraprofessionals. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the  postsecondary educational  institutions  of higher education  . (3) The extent to which the applicant's plan for recruitment attempts to meet the demand for bilingual-crosscultural teachers. (4) The extent to which the applicant's plan for recruitment attempts to meet the demand for multiple subject credentialed teachers interested in teaching kindergarten or any of grades 1 to 3, inclusive. For purposes of this paragraph, each paraprofessional selected to participate shall have completed at least two years of undergraduate college or university coursework and shall have demonstrated an interest in obtaining a multiple subject teaching credential for teaching kindergarten or any of grades 1 to 3, inclusive. (5) The extent to which the applicant's plan for recruitment attempts to meet the demand for special education teachers. (6) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level school paraprofessional position to an entry-level teaching position in that school district or county office of education. (7) The extent to which the applicant's plan for recruitment attempts to meet its own specific teacher needs. (8) The extent to which the applicant's plan for implementation of its recruitment program involves participation in a district internship program pursuant to Article 7.5 (commencing with Section 44325) and Section 44830.3 or a  university   teacher education  internship program pursuant to Article 3 (commencing with Section 44450) of Chapter 3. (c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information and assistance to each school paraprofessional it recruits under the program regarding admission to a teacher training program. (d) (1) The applicant shall recruit and organize groups, or "cohorts," of  participants,   participants  of no more than 30, and no less than 10, in each cohort. Cohorts shall be organized to consist of participants having approximately equal academic experience and qualifications, as determined by the school district or county office of education. To the extent possible, the members of each cohort shall proceed through the same subject matter and credential programs. The members of each cohort shall enroll in the same college or university and shall be provided appropriate support  , mentoring, advising,  and information throughout the course of their studies by the applicant. (2) An applicant shall require participants to satisfy all of the following requirements prior to participating in the program: (A) For the purpose of obtaining current criminal history information from the Department of Justice and the Federal Bureau of Investigation, obtain a certificate of clearance from the commission pursuant to Sections 44339 to 44341, inclusive, and related regulations adopted by the commission. (B) Provide verification of one of the following: (i) Has earned an associate or higher level degree. (ii) Has completed at least two years of study at a postsecondary educational institution. (iii) Has received a passing score on a formal academic assessment that demonstrates knowledge of, and the ability to assist in the instruction of, reading, writing, and mathematics. The formal academic assessment shall be based upon a job analysis for validity purposes and shall be made readily available to examinees. (3) An applicant shall certify that it has received a commitment from each participant that he or she 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 district or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program. (4) To the extent that a participant does not fulfill his or her obligations, as set forth in paragraph (3), the participant shall be required to repay the assistance. If a participant is laid off, the participant  may   shall  not be required to repay the assistance until the participant is offered reemployment and has an opportunity to fulfill his or her obligations under this section. (5) Except as otherwise provided in paragraph (4), if a participant is unable to fulfill his or her obligations pursuant to paragraph (3) due to a serious illness, a pregnancy, or another natural cause, the time period for repayment of the assistance shall be extended by a maximum period of one year. (6) Except as otherwise provided in paragraph (4), if an interruption in employment caused by a natural disaster prevents a participant from completing one of the required years of service, the time period for repayment of the assistance shall be extended by a period equal to the period between the date the interruption of employment begins and the date employment resumes. (e) The commission shall contract with an independent evaluator with a proven record of experience in assessing career-advancement programs or teacher training programs to conduct an evaluation to determine the success of the recruitment programs established pursuant to subdivision (b). The evaluation shall be conducted once every five years and shall incorporate data annually collected by the commission and reported to the Legislature. The commission shall complete the evaluation with existing resources. By January 1 of each year in which an evaluation is conducted pursuant to this subdivision, commencing with January 1, 2009, the commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate. The evaluation shall include, but is not limited to, all of the following: (1) The total cost per person participating in the program who successfully obtains a teaching credential, based upon all state, local, federal, and other sources of funding. (2) The economic status of persons participating in the program. (3) A description of financial and other resources made available to each recruitment program by participating school districts or county offices of education,  postsecondary educational  institutions  of higher education  , and other participating organizations. (4) The extent to which pupil performance on standardized achievement tests has improved in classes taught by teachers who have successfully completed the program, in comparison to classes taught by other teachers who have equivalent teaching experience. (5) The extent to which pupil dropout rates and other measures of delinquency have improved in classes taught by teachers who have successfully completed the program. (6) The extent to which teachers who have successfully completed the program remain in the communities in which they reside and in which they teach. (7) The attrition rate of teachers who have successfully completed the program. (f) Each selected school district or county office of education shall report to the commission regarding the progress of each cohort of school paraprofessionals,  the number of prospective   participants who annually apply for the program and are not accepted due to program capacity restraints,  and other information regarding its recruitment program as the commission may direct. (g) No later than 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 school paraprofessionals recruited, the academic progress of the school paraprofessionals recruited, the number of school paraprofessionals recruited who are subsequently employed as teachers in the public schools, the degree to which the program meets the demand for bilingual and special education teachers as well as meeting teacher needs in shortage areas as determined by the school district or county office of education, the degree to which the program or similar programs can meet that demand if properly funded and executed,  the number of prospective participants who annually apply for the program and are not accepted due to program capacity restraints,  and other effects upon the operation of the public schools. (h) (1) It is the intent of the Legislature that each fiscal year, funding for the California School Paraprofessional Teacher Training Program be allocated to the Commission on Teacher Credentialing for grants to applicants pursuant to this section. A grant to an applicant shall not exceed three thousand five hundred dollars ($3,500) per participant per year. Funding for grants to applicants pursuant to this subdivision shall be contingent upon an appropriation in the annual Budget Act. (2) The commission shall report to the Department of Finance by March 31 of each year the amount of funds collected by school districts and county offices of education as repayment of assistance pursuant to paragraph (4) of subdivision (d) and the amount of funds that remain unspent from the funds appropriated to the commission in the annual Budget Act for purposes of the program. SEC. 3. Section 44394 is added to the Education Code, to read: 44394. (a) For purposes of this section, unless the context clearly requires otherwise, the following terms shall have the following meanings: (1) "After school instructor" means an employee who meets the minimum standards of the paraprofessional job classification as defined by the applicant school district or county office of education and who is employed in an after school program by a school district, city, county, or nonprofit organization that receives funds pursuant to the 21st Century High School After School Safety and Enrichment for Teens program (Article 19 (commencing with Section 8420) of Chapter 2 of Part 6 of Division 1 of Title 1), the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), or the 21st Century Community Learning Centers program (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1) either as a grantee or through a school district subcontract. This definition of "after school instructor" applies only to this section. (2) "Applicant" means a school district or county office of education receiving program funds under the California School Paraprofessional Teacher Training Program established in Section 44393 and applying for pilot program funds pursuant to the California After School Teacher Pipeline Program established in subdivision (b). (3) "Postsecondary educational institutions" means the California Community Colleges, the California State University, the University of California, and private postsecondary educational institutions that offer an accredited teacher training program. (4) "Pilot" means the California After School Teacher Pipeline Program. (5) "Pilot participant" means an after school instructor who elects to participate in the California School Paraprofessional Teacher Training Program and the California After School Teacher Pipeline Program. (6) "Program" means the California School Paraprofessional Teacher Training Program. (7) "Teacher training program" means an undergraduate or graduate program of instruction conducted by a campus of a postsecondary educational institution 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 pupils enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive. (b) The California After School Teacher Pipeline Program is hereby established for the purpose of recruiting qualified after school instructors to participate on a pilot basis in the California School Paraprofessional Teacher Training Program established pursuant to Section 44393. (c) The commission shall select up to four applicants to participate in the pilot project. (d) In addition to satisfying all of the requirements of the program, the commission shall require applicants for the pilot to demonstrate all of the following: (1) A screening process that will determine if a pilot participant' s after school instruction experience ensures participant readiness for the pilot. (2) How the applicant will ensure professional support for pilot participants, including, but not limited to, mentor teacher oversight, classroom experience, and academic content instruction experience. (3) How the applicant will track pilot participants within the program. (4) That the applicant and pilot participants will meet all the same requirements pursuant to Section 44393 for this pilot, including, but not limited to, the requirements for participant eligibility and commitments, program design, and program reporting. (e) (1) From the funds transferred to the commission pursuant to paragraph (2) of subdivision (b) of Section 8483.55, the commission shall award a grant to each selected applicant, not to exceed three thousand five hundred dollars ($3,500) per pilot participant per year. The commission may award funding for after school instructors to participate in the pilot only to the extent that the funds described in this paragraph cover all of the costs associated with instructor participation in the pilot and any costs incurred by the commission pursuant to paragraphs (2) and (3). (2) The commission shall include this pilot and pilot participants in all the reporting requirements pursuant to Section 44393. (3) Before January 1, 2015, the commission shall report to the Legislature regarding the pilot. The report shall include the ability of applicants to successfully integrate the pilot into their existing program and the number of participants in the pilot who receive teaching credentials. (f) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. The Legislature finds and declares that this act furthers the purposes of the After School Education and Safety Program Act of 2002.