California Senate Bill SB941 Introduced / Bill

 BILL NUMBER: SB 941INTRODUCED BILL TEXT 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, and to repeal Sections 44279.5 and 44279.6 of, the Education Code, relating to teachers. LEGISLATIVE COUNSEL'S DIGEST SB 941, as introduced, 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." This bill would provide that an out-of-state prepared applicant who satisfies specified requirements and documents the fulfillment of other requirements, but does not meet the experience requirement, shall be issued a credential upon verification of other requirements; however, the requirement that whether the commission has issued a preliminary 5-year credential be verified, may be waived if the applicant holds a valid equivalent credential or certificate or has completed equivalent requirements as determined by the commission. Existing law establishes the California Beginning Teacher Support and Assessment System which 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 require the accreditation framework to be modified by the commission in accordance with a system of ongoing evaluation and revision of accreditation practices. This bill would delete provisions relating to replacement of the prior system for accreditation and preparation and instead require the system to implement a system of ongoing evaluation and revision of accreditation practices. This bill would remove provisions requiring selection of an external evaluator. This bill would make other conforming changes. 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 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  professional  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  professional  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 language 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  professional  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).  This requirement may be waived if the applicant holds a valid equivalent credential or certificate or has completed equivalent requirements as determined by the commission.  (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 language learners including, but not limited to, the requirements in Section 44253.3. (4) Prior to 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  in 1997  and that local programs support beginning teachers in meeting the competencies described in the California Standards for the Teaching Profession adopted by the commission  in January 1997  . 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  in January 1997  . (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  credential,   or  a clear  teaching  credential  , or a professional 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  in January 1997  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   Superintendent  and the commission shall jointly administer the Beginning Teacher Support and Assessment System pursuant to this chapter. In administering this section, the  superintendent   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 the 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 the 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  in January 1997  and the Standards of Quality and Effectiveness for Beginning Teacher Support and Assessment Program adopted by the commission  in 1997  and making changes to those documents, as necessary. (b) As part of the Beginning Teacher Support and Assessment System, the commission and the  superintendent   Superintendent  shall establish requirements for local teacher induction programs. (c) A school district or consortium of school districts may apply to the  superintendent   Superintendent  for funding to establish a local teacher induction program pursuant to this section. From amounts appropriated for the purposes of this section, the  superintendent   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  in 1997  . (2) Support beginning teachers in meeting the competencies described in the California Standards for the Teaching Profession adopted by the commission  in January 1997  . (3) Meet criteria for the cost-effective delivery of program services. (4) From amounts received from local, state, or resources available for the 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) 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. 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  of Public Instruction  and the  State Board of Education   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.  44279.5. It is the intent of the Legislature that a beginning teacher who has been issued a preliminary credential shall receive support and assistance from an experienced educator in a manner consistent with the recommendations of the evaluation study conducted pursuant to Section 44279.2, as that section read on December 31, 1992.  SEC. 6. Section 44279.6 of the Education Code is repealed.  44279.6. It is the intent of the Legislature that the commission shall establish procedures to assess the teaching performance of beginning teachers on a regular basis by onsite visits of assessment teams or through the use of uniform exercises in a controlled setting, or both, as determined appropriate by the commission based upon the recommendations of the evaluation study conducted pursuant to Section 44279.2 as that section read on December 31, 1992. The commission shall ensure that members of the assessment teams have been appropriately trained and demonstrate an understanding of the cultures of the major ethnic populations of this state, teaching strategies for the acquisition of English language skills by non-English-speaking pupils, and teaching strategies for dealing with at-risk pupils.  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) Replace the prior system of program approval, as established by the Teacher Preparation and Licensing Act of 1970.   (4) Implement a system of ongoing evaluation and revision of accreditation practices.  (5) Be governed by an accreditation framework that sets forth the policies of the  Commission on Teacher Credentialing  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 on Teacher Credentialing   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 on Teacher Credentialing   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  , and jointly select an external evaluator to conduct the evaluation, in accordance with Section 8 of the accreditation framework that was in effect on June 30, 1993  . (i) Modify the accreditation framework in accordance with  Section 8 of the framework that was in effect on June 30, 1993   paragraph (4) of subdivision (a) of Section 44371  . (j) 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.