BILL NUMBER: AB 2248AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2016 INTRODUCED BY Assembly Member Holden ( Coauthor: Assembly Member O'Donnell ) FEBRUARY 18, 2016 An act to amend Sections 44253.3, 44253.4, and 44274.2 Section 44253.4 of the Education Code, relating to teacher credentialing. LEGISLATIVE COUNSEL'S DIGEST AB 2248, as amended, Holden. Teacher credentialing: out-of-state trained teachers. teachers: English learner authorizations. Existing law requires the Commission on Teacher Credentialing to issue a 5-year preliminary teaching credential to an out-of-state prepared teacher who meets specified requirements. Existing law requires the commission to issue a clear teaching credential to an out-of-state prepared applicant who satisfies specified requirements, including verifying 2 or more years of teaching experience. This bill would require the commission to issue these teaching credentials within 30 days of receiving all required documentation. Existing law requires the commission Commission on Teacher Credentialing to issue authorizations for a teacher to provide specific services to limited-English-proficient pupils, if certain minimum requirements are met. This bill would require the commission, within 30 days of receiving all required documentation, to issue these authorizations to a teacher who holds a valid teaching credential or is applying for a certain teaching credential as an out-of-state prepared teacher and is able to present a valid out-of-state credential or certificate that authorizes the equivalent level of instruction of English learners. provide that a teacher who possesses any of several specified California credentials or permits and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil's primary language may qualify for that authorization by submitting an application and a fee to the commission. 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 44253.3 of the Education Code is amended to read: 44253.3. (a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: (1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit pursuant to Sections 8363 and 44252.7, a children's center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit, or a children's center supervision permit, instruction for English language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, instruction for English language development is limited to classes organized primarily for adults. (2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher's prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include all of the following: (1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children's center instructional permit, or children's center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for any of the following: (A) Emergency credentials or permits. (B) Exchange credentials as specified in Section 44333. (C) District intern credentials as specified in Section 44325. (D) Sojourn certificated employee credentials as specified in Section 44856. (E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. (2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge and skills required for effective delivery of the services included in the authorization. (3) Completion of at least six semester units, or nine quarter units, of coursework in a second language at a regionally accredited institution of postsecondary education. The commission shall establish minimum standards for scholarship in the required coursework. The commission also shall establish alternative ways in which the requirement can be satisfied by language-learning experience that creates an awareness of the challenges of second-language acquisition and development. (4) Completion of coursework in human relations in accordance with the commission's standards of program quality and effectiveness that includes, at a minimum, instruction in the following: (A) The nature and content of culture. (B) Cross-cultural contact and interactions. (C) Cultural diversity in the United States and California. (D) Providing instruction responsive to the diversity of the pupil population. (E) Recognizing and responding to behavior related to the characteristics listed in Section 220. (F) Techniques for the peaceful resolution of conflict. (c) The commission shall establish alternative requirements for a teacher to earn the authorization, which shall be awarded as a supplementary authorization pursuant to subdivision (e) of Section 44225. (d) The commission shall issue, within 30 days of receiving an application, a fee, and all documentation required, authorization under this section to a teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) or is applying for a teaching credential pursuant to Section 44274.2, and is able to present a valid out-of-state credential or certificate that authorizes the equivalent level of instruction of English learners. (e) The commission may issue an authorization under this section if the applicant possesses a valid California teaching credential and holds either of the following certificates issued by the National Board for Professional Teaching Standards: (1) Early and Middle Childhood/English as a New Language Certificate. (2) Early Adolescence through Young Adulthood/English as a New Language Certificate. (f) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. SEC. 2. SECTION 1. Section 44253.4 of the Education Code is amended to read: 44253.4. (a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: (1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit pursuant to Sections 8363 and 44252.7, a children's center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit, or a children's center supervision permit, then instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for English language development shall be limited to classes organized primarily for adults. (2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher's prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (3) Content instruction delivered in the pupil's primary language in the subjects and at the levels authorized by the teacher's prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit, a children's center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children's center instructional permit or a children's center supervision permit, then instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, then instruction for primary language development is limited to classes organized primarily for adults. (b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following: (1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children's center instructional permit, or children's center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following: (A) Emergency credentials or permits. (B) Exchange credentials as specified in Section 44333. (C) District intern credentials as specified in Section 44325. (D) Sojourn certificated employee credentials as specified in Section 44856. (E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. (2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization. (c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess. (d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. (e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages. (f) The commission shall issue, within 30 days of receiving an application, a fee, and all documentation required, authorization under this section to a teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) or is applying for a teaching credential pursuant to Section 44274.2, and is able to present a valid out-of-state credential or certificate that authorizes the equivalent level of instruction of English learners. (f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil's primary language may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission. SEC. 3. Section 44274.2 of the Education Code is amended to read: 44274.2. (a) Notwithstanding any provision of this chapter, the commission shall issue, within 30 days of receiving all required documentation, 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, within 30 days of receiving all required documentation, 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.