CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member IrwinFebruary 16, 2018 An act to amend Sections 33126, 44225.6, and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers. LEGISLATIVE COUNSEL'S DIGESTAB 3048, as introduced, Irwin. Teachers: teacher assignment monitoring.(1) Existing law, known as the Classroom Instructional Improvement and Accountability Act, requires the governing board of each school district maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes assessments of various school conditions. Existing law requires the school accountability report card to include, among other data, the number of teacher misassignments, as defined. The act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor.This bill would alter the definition of misassignment in the act to provide that it means the placement of a certificated educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined, with the appropriate authorization or the placement of a certificated person, as defined, in a teaching or services position that the employee is not otherwise authorized by statute to hold. To the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would provide that the Legislature finds and declares that the changes made to the act by that provision further the purposes of the act.(2) Existing law establishes the Commission on Teacher Credentialing to issue teaching and services credentials, and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to report to the Legislature and the Governor on the availability of teachers in California, including specified information, by April 15 of each year.This bill would make adjustments in the data required to be reported by the commission for this report. The bill would also require the commission to periodically provide reports and recommendations to the Legislature regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. The bill would require these reports to be made publicly available on the commissions Internet Web site.(3) Existing law requires the Commission on Teacher Credentialing to establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. This bill would authorize the identification number established pursuant to this provision to be used for purposes of sharing data with local educational agencies and the State Department of Education to satisfy specified reporting requirements. The bill would also authorize the identification number to be used to disclose data pursuant to a provision relating to scientific research conducted by the University of California, a nonprofit educational entity, or, in the case of education-related data, another nonprofit entity, provided that the request for information is approved as specified.(4) Existing law requires county superintendents of schools to monitor and review teacher assignments for purposes of ensuring that the rate of teacher misassignment remains low. This provision requires county superintendents of schools to submit annual reports to the Commission on Teacher Credentialing, and authorizes the commission to establish reasonable sanctions for the misassignment of credential holders.This bill would revise and recast this provision, providing more authority and responsibility to the commission in collecting data relating to potential and actual teacher misassignments. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the certificated administrator responsible for the assignment within 30 days of final notification by the commission and for the method of correction to be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred.The bill would require a determination submitted to the commission under this provision to be certified under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit adverse action from being taken against an affected certificated person who files a notification of misassignment with the county superintendent of schools, and, if a misassignment is determined to have taken place, the bill would nullify any performance evaluation of the employee in any subject to which the employee was misassigned. Because this provision would create new duties for a county office of education when a certificated employee files a notification of misassignment, this provision would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 33126 of the Education Code is amended to read:33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.SEC. 2. Section 44225.6 of the Education Code is amended to read:44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.SEC. 3. Section 44230.5 of the Education Code is amended to read:44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.SEC. 4. Section 44258.9 of the Education Code is repealed.44258.9.(a)The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).(b)(1)Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:(A)Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126, based on past experience or other available information.(B)Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).(C)All other schools on a four-year cycle.(2)Each county superintendent of schools shall investigate school and district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.(3)The Commission on Teacher Credentialing shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected district within 30 calendar days of the monitoring activity.(c)County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:(1)The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.(2)Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent by school districts.(3)Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.(4)(A)Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.(B)This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of misassignment in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(5)After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing.(d)The Commission on Teacher Credentialing shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.(e)(1)The Commission on Teacher Credentialing shall establish reasonable sanctions for the misassignment of credentialholders.Prior to the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.(2)Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.(3)The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which make this correction impossible.(4)The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.(f)An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.(g)The Superintendent shall submit a summary of the reports submitted by county superintendents pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:(1)The effectiveness of the reviews required pursuant to this section.(2)The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3)The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.SEC. 5. Section 44258.9 is added to the Education Code, to read:44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.SEC. 6. The Legislature finds and declares that the amendments made to Section 33126 of the Education Code by Section 1 of this act further the purposes of the Classroom Instructional Improvement and Accountability Act.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member IrwinFebruary 16, 2018 An act to amend Sections 33126, 44225.6, and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers. LEGISLATIVE COUNSEL'S DIGESTAB 3048, as introduced, Irwin. Teachers: teacher assignment monitoring.(1) Existing law, known as the Classroom Instructional Improvement and Accountability Act, requires the governing board of each school district maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes assessments of various school conditions. Existing law requires the school accountability report card to include, among other data, the number of teacher misassignments, as defined. The act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor.This bill would alter the definition of misassignment in the act to provide that it means the placement of a certificated educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined, with the appropriate authorization or the placement of a certificated person, as defined, in a teaching or services position that the employee is not otherwise authorized by statute to hold. To the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would provide that the Legislature finds and declares that the changes made to the act by that provision further the purposes of the act.(2) Existing law establishes the Commission on Teacher Credentialing to issue teaching and services credentials, and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to report to the Legislature and the Governor on the availability of teachers in California, including specified information, by April 15 of each year.This bill would make adjustments in the data required to be reported by the commission for this report. The bill would also require the commission to periodically provide reports and recommendations to the Legislature regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. The bill would require these reports to be made publicly available on the commissions Internet Web site.(3) Existing law requires the Commission on Teacher Credentialing to establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. This bill would authorize the identification number established pursuant to this provision to be used for purposes of sharing data with local educational agencies and the State Department of Education to satisfy specified reporting requirements. The bill would also authorize the identification number to be used to disclose data pursuant to a provision relating to scientific research conducted by the University of California, a nonprofit educational entity, or, in the case of education-related data, another nonprofit entity, provided that the request for information is approved as specified.(4) Existing law requires county superintendents of schools to monitor and review teacher assignments for purposes of ensuring that the rate of teacher misassignment remains low. This provision requires county superintendents of schools to submit annual reports to the Commission on Teacher Credentialing, and authorizes the commission to establish reasonable sanctions for the misassignment of credential holders.This bill would revise and recast this provision, providing more authority and responsibility to the commission in collecting data relating to potential and actual teacher misassignments. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the certificated administrator responsible for the assignment within 30 days of final notification by the commission and for the method of correction to be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred.The bill would require a determination submitted to the commission under this provision to be certified under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit adverse action from being taken against an affected certificated person who files a notification of misassignment with the county superintendent of schools, and, if a misassignment is determined to have taken place, the bill would nullify any performance evaluation of the employee in any subject to which the employee was misassigned. Because this provision would create new duties for a county office of education when a certificated employee files a notification of misassignment, this provision would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3048
Introduced by Assembly Member IrwinFebruary 16, 2018
Introduced by Assembly Member Irwin
February 16, 2018
An act to amend Sections 33126, 44225.6, and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3048, as introduced, Irwin. Teachers: teacher assignment monitoring.
(1) Existing law, known as the Classroom Instructional Improvement and Accountability Act, requires the governing board of each school district maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes assessments of various school conditions. Existing law requires the school accountability report card to include, among other data, the number of teacher misassignments, as defined. The act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor.This bill would alter the definition of misassignment in the act to provide that it means the placement of a certificated educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined, with the appropriate authorization or the placement of a certificated person, as defined, in a teaching or services position that the employee is not otherwise authorized by statute to hold. To the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would provide that the Legislature finds and declares that the changes made to the act by that provision further the purposes of the act.(2) Existing law establishes the Commission on Teacher Credentialing to issue teaching and services credentials, and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to report to the Legislature and the Governor on the availability of teachers in California, including specified information, by April 15 of each year.This bill would make adjustments in the data required to be reported by the commission for this report. The bill would also require the commission to periodically provide reports and recommendations to the Legislature regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. The bill would require these reports to be made publicly available on the commissions Internet Web site.(3) Existing law requires the Commission on Teacher Credentialing to establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. This bill would authorize the identification number established pursuant to this provision to be used for purposes of sharing data with local educational agencies and the State Department of Education to satisfy specified reporting requirements. The bill would also authorize the identification number to be used to disclose data pursuant to a provision relating to scientific research conducted by the University of California, a nonprofit educational entity, or, in the case of education-related data, another nonprofit entity, provided that the request for information is approved as specified.(4) Existing law requires county superintendents of schools to monitor and review teacher assignments for purposes of ensuring that the rate of teacher misassignment remains low. This provision requires county superintendents of schools to submit annual reports to the Commission on Teacher Credentialing, and authorizes the commission to establish reasonable sanctions for the misassignment of credential holders.This bill would revise and recast this provision, providing more authority and responsibility to the commission in collecting data relating to potential and actual teacher misassignments. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the certificated administrator responsible for the assignment within 30 days of final notification by the commission and for the method of correction to be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred.The bill would require a determination submitted to the commission under this provision to be certified under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit adverse action from being taken against an affected certificated person who files a notification of misassignment with the county superintendent of schools, and, if a misassignment is determined to have taken place, the bill would nullify any performance evaluation of the employee in any subject to which the employee was misassigned. Because this provision would create new duties for a county office of education when a certificated employee files a notification of misassignment, this provision would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, known as the Classroom Instructional Improvement and Accountability Act, requires the governing board of each school district maintaining an elementary or secondary school to develop and cause to be implemented for each school in the school district a school accountability report card that includes assessments of various school conditions. Existing law requires the school accountability report card to include, among other data, the number of teacher misassignments, as defined. The act prohibits any change to its provisions, except a change to further its purposes enacted by a bill passed by a vote of 2/3 of the Legislature and signed by the Governor.
This bill would alter the definition of misassignment in the act to provide that it means the placement of a certificated educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined, with the appropriate authorization or the placement of a certificated person, as defined, in a teaching or services position that the employee is not otherwise authorized by statute to hold. To the extent this bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill would provide that the Legislature finds and declares that the changes made to the act by that provision further the purposes of the act.
(2) Existing law establishes the Commission on Teacher Credentialing to issue teaching and services credentials, and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to report to the Legislature and the Governor on the availability of teachers in California, including specified information, by April 15 of each year.
This bill would make adjustments in the data required to be reported by the commission for this report. The bill would also require the commission to periodically provide reports and recommendations to the Legislature regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. The bill would require these reports to be made publicly available on the commissions Internet Web site.
(3) Existing law requires the Commission on Teacher Credentialing to establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools.
This bill would authorize the identification number established pursuant to this provision to be used for purposes of sharing data with local educational agencies and the State Department of Education to satisfy specified reporting requirements. The bill would also authorize the identification number to be used to disclose data pursuant to a provision relating to scientific research conducted by the University of California, a nonprofit educational entity, or, in the case of education-related data, another nonprofit entity, provided that the request for information is approved as specified.
(4) Existing law requires county superintendents of schools to monitor and review teacher assignments for purposes of ensuring that the rate of teacher misassignment remains low. This provision requires county superintendents of schools to submit annual reports to the Commission on Teacher Credentialing, and authorizes the commission to establish reasonable sanctions for the misassignment of credential holders.
This bill would revise and recast this provision, providing more authority and responsibility to the commission in collecting data relating to potential and actual teacher misassignments. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the certificated administrator responsible for the assignment within 30 days of final notification by the commission and for the method of correction to be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred.
The bill would require a determination submitted to the commission under this provision to be certified under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit adverse action from being taken against an affected certificated person who files a notification of misassignment with the county superintendent of schools, and, if a misassignment is determined to have taken place, the bill would nullify any performance evaluation of the employee in any subject to which the employee was misassigned. Because this provision would create new duties for a county office of education when a certificated employee files a notification of misassignment, this provision would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 33126 of the Education Code is amended to read:33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.SEC. 2. Section 44225.6 of the Education Code is amended to read:44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.SEC. 3. Section 44230.5 of the Education Code is amended to read:44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.SEC. 4. Section 44258.9 of the Education Code is repealed.44258.9.(a)The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).(b)(1)Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:(A)Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126, based on past experience or other available information.(B)Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).(C)All other schools on a four-year cycle.(2)Each county superintendent of schools shall investigate school and district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.(3)The Commission on Teacher Credentialing shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected district within 30 calendar days of the monitoring activity.(c)County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:(1)The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.(2)Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent by school districts.(3)Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.(4)(A)Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.(B)This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of misassignment in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(5)After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing.(d)The Commission on Teacher Credentialing shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.(e)(1)The Commission on Teacher Credentialing shall establish reasonable sanctions for the misassignment of credentialholders.Prior to the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.(2)Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.(3)The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which make this correction impossible.(4)The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.(f)An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.(g)The Superintendent shall submit a summary of the reports submitted by county superintendents pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:(1)The effectiveness of the reviews required pursuant to this section.(2)The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3)The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.SEC. 5. Section 44258.9 is added to the Education Code, to read:44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.SEC. 6. The Legislature finds and declares that the amendments made to Section 33126 of the Education Code by Section 1 of this act further the purposes of the Classroom Instructional Improvement and Accountability Act.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 33126 of the Education Code is amended to read:33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.
SECTION 1. Section 33126 of the Education Code is amended to read:
### SECTION 1.
33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.
33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.
33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.(ii) Foreign language and health.(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.(iv) Visual and performing arts.(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.(10) Suspension and expulsion rates for the most recent three-year period.(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.(12) The number of advanced placement courses offered, by subject.(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.(14) Contact information pertaining to organized opportunities for parental involvement.(15) Career technical education data measures, including all of the following:(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.(C) The number of pupils participating in career technical education.(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.
33126. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.
(b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions:
(1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. 33 of Division 4.
(B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, 33 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment.
(2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052.
(3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite.
(4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period.
(5) The total number of the schools fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.
(A) For purposes of this paragraph, vacant teacher position means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.
(B) For purposes of this paragraph, misassignment means the placement of a certificated employee educator in a teaching or services position for which the employee does not hold a legally recognized certificate or credential credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated employee person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold.
(6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted.
(B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following:
(i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science.
(ii) Foreign language and health.
(iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate.
(iv) Visual and performing arts.
(7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil.
(8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089.
(9) The annual number of schooldays dedicated to staff development for the most recent three-year period.
(10) Suspension and expulsion rates for the most recent three-year period.
(11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system.
(12) The number of advanced placement courses offered, by subject.
(13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools.
(14) Contact information pertaining to organized opportunities for parental involvement.
(15) Career technical education data measures, including all of the following:
(A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district.
(B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented.
(C) The number of pupils participating in career technical education.
(D) The percentage of pupils that complete a career technical education program and earn a high school diploma.
(E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education.
(c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15.
(d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards.
SEC. 2. Section 44225.6 of the Education Code is amended to read:44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.
SEC. 2. Section 44225.6 of the Education Code is amended to read:
### SEC. 2.
44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.
44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.
44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:(A) University internship.(B) District internship.(C)Preinternship.(D)(C) Emergency permit.(E)(D) Credential waiver.(F)(E) Preliminary or clear credential.(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.(H)(F) An authorization issued pursuant to Section 44253.3.(I)(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(J)(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:(1) The University of California system.(2) The California State University system.(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.(4) Other institutions that offer teacher preparation programs approved by the commission.(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.
44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:
(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(4) The number of individuals receiving an emergency permit, credential waiver, or other authorization that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). permit or credential waiver.
(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to subdivision (d) of Section 44253.10 and, separately, pursuant to paragraph (1) of subdivision (e) (d) of Section 44253.11.
(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:
(A) University internship.
(B) District internship.
(C)Preinternship.
(D)
(C) Emergency permit.
(E)
(D) Credential waiver.
(F)
(E) Preliminary or clear credential.
(G)An authorization, other than those listed in this paragraph, that does not meet the definition of a highly qualified teacher under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) by category of authorization.
(H)
(F) An authorization issued pursuant to Section 44253.3.
(I)
(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.
(J)
(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the departments Annual Language Census Survey to report the data required pursuant to this paragraph.
(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.
(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commissions Internet Web site.
(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:
(1) The University of California system.
(2) The California State University system.
(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.
(4) Other institutions that offer teacher preparation programs approved by the commission.
(d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203.
(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the states teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the states teacher workforce. These reports shall be made publicly available on the commissions Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.
SEC. 3. Section 44230.5 of the Education Code is amended to read:44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
SEC. 3. Section 44230.5 of the Education Code is amended to read:
### SEC. 3.
44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
44230.5. The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.
SEC. 4. Section 44258.9 of the Education Code is repealed.44258.9.(a)The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).(b)(1)Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:(A)Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126, based on past experience or other available information.(B)Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).(C)All other schools on a four-year cycle.(2)Each county superintendent of schools shall investigate school and district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.(3)The Commission on Teacher Credentialing shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected district within 30 calendar days of the monitoring activity.(c)County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:(1)The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.(2)Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent by school districts.(3)Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.(4)(A)Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.(B)This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of misassignment in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(5)After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing.(d)The Commission on Teacher Credentialing shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.(e)(1)The Commission on Teacher Credentialing shall establish reasonable sanctions for the misassignment of credentialholders.Prior to the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.(2)Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.(3)The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which make this correction impossible.(4)The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.(f)An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.(g)The Superintendent shall submit a summary of the reports submitted by county superintendents pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:(1)The effectiveness of the reviews required pursuant to this section.(2)The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3)The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.
SEC. 4. Section 44258.9 of the Education Code is repealed.
### SEC. 4.
44258.9.(a)The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).(b)(1)Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:(A)Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126, based on past experience or other available information.(B)Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).(C)All other schools on a four-year cycle.(2)Each county superintendent of schools shall investigate school and district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.(3)The Commission on Teacher Credentialing shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected district within 30 calendar days of the monitoring activity.(c)County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:(1)The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.(2)Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent by school districts.(3)Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.(4)(A)Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.(B)This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of misassignment in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(5)After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing.(d)The Commission on Teacher Credentialing shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.(e)(1)The Commission on Teacher Credentialing shall establish reasonable sanctions for the misassignment of credentialholders.Prior to the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.(2)Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.(3)The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which make this correction impossible.(4)The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.(f)An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.(g)The Superintendent shall submit a summary of the reports submitted by county superintendents pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:(1)The effectiveness of the reviews required pursuant to this section.(2)The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3)The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.
(a)The Legislature finds that continued monitoring of teacher assignments by county superintendents of schools will ensure that the rate of teacher misassignment remains low. To the extent possible and with funds provided for that purpose, each county superintendent of schools shall perform the duties specified in subdivisions (b) and (c).
(b)(1)Each county superintendent of schools shall monitor and review school district certificated employee assignment practices in accordance with the following:
(A)Annually monitor and review schools and school districts that are likely to have problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126, based on past experience or other available information.
(B)Annually monitor and review schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, if those schools are not currently under review through a state or federal intervention program. If a review completed pursuant to this subparagraph finds that a school has no teacher misassignments or teacher vacancies for two consecutive years, the next review of that school may be conducted according to the cycle specified in subparagraph (C), unless the school meets the criteria of subparagraph (A).
(C)All other schools on a four-year cycle.
(2)Each county superintendent of schools shall investigate school and district efforts to ensure that a credentialed teacher serving in an assignment requiring a certificate issued pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 completes the necessary requirements for these certificates or completes the required training.
(3)The Commission on Teacher Credentialing shall be responsible for the monitoring and review of those counties or cities and counties in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco. All information related to the misassignment of certificated personnel and teacher vacancies shall be submitted to each affected district within 30 calendar days of the monitoring activity.
(c)County superintendents of schools shall submit an annual report to the Commission on Teacher Credentialing and the department summarizing the results of all assignment monitoring and reviews. These reports shall include, but need not be limited to, the following:
(1)The numbers of teachers assigned and types of assignments made by the governing board of a school district under the authority of Sections 44256, 44258.2, and 44263.
(2)Information on actions taken by local committees on assignment, including the number of assignments authorized, subject areas into which committee-authorized teachers are assigned, and evidence of departures from the implementation plans presented to the county superintendent by school districts.
(3)Information on each school district reviewed regarding misassignments of certificated personnel, including efforts to eliminate these misassignments.
(4)(A)Information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as specified in paragraph (2) of subdivision (c) of Section 1240, to ensure that, at a minimum, in any class in these schools in which 20 percent or more pupils are English learners, the assigned teacher possesses a certificate issued pursuant to Section 44253.3 or 44253.4, or has completed training pursuant to Section 44253.10, or is otherwise authorized by statute.
(B)This paragraph shall not relieve a school district from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of misassignment in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.
(5)After consultation with representatives of county superintendents of schools, other information as may be determined to be needed by the Commission on Teacher Credentialing.
(d)The Commission on Teacher Credentialing shall submit biennial reports to the Legislature concerning teacher assignments and misassignments that shall be based, in part, on the annual reports of the county superintendents of schools.
(e)(1)The Commission on Teacher Credentialing shall establish reasonable sanctions for the misassignment of credentialholders.
Prior to the implementation of regulations establishing sanctions, the Commission on Teacher Credentialing shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within the offices of county superintendents of schools of the regulations and statutes affecting the assignment of certificated personnel. These activities shall include the preparation of instructive brochures and the holding of regional workshops.
(2)Commencing July 1, 1989, a certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify the county superintendent of schools in writing of the illegal assignment. The county superintendent of schools, within 15 working days, shall advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the employee under Sections 44660 to 44664, inclusive, in any misassigned subject shall be nullified.
(3)The county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which he or she has no legal authorization of the misassignment and shall advise him or her to correct the assignment within 30 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignment if the certificated school administrator has not corrected the misassignment within 30 days of the initial notification, or if the certificated school administrator has not described, in writing, within the 30-day period, to the county superintendent of schools the extraordinary circumstances which make this correction impossible.
(4)The county superintendent of schools shall notify the superintendent of a school district in which 5 percent or more of all certificated teachers in the secondary schools are found to be misassigned of the misassignments and shall advise him or her to correct the misassignments within 120 calendar days. The county superintendent of schools shall notify the Commission on Teacher Credentialing of the misassignments if the school district superintendent has not corrected the misassignments within 120 days of the initial notification, or if the school district superintendent of schools has not described, in writing, within the 120-day period, to the county superintendent of schools the extraordinary circumstances that make this correction impossible.
(f)An applicant for a professional administrative service credential shall be required to demonstrate knowledge of existing credentialing laws, including knowledge of assignment authorizations.
(g)The Superintendent shall submit a summary of the reports submitted by county superintendents pursuant to subdivision (c) to the Legislature. The Legislature may hold, within a reasonable period after receipt of the summary, public hearings on pupil access to teachers and to related statutory provisions. The Legislature also may assign one or more of the standing committees or a joint committee, to determine the following:
(1)The effectiveness of the reviews required pursuant to this section.
(2)The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.
(3)The need, if any, to assist schools ranked in deciles 1 to 3, inclusive, of the base Academic Performance Index, as defined in paragraph (2) of subdivision (c) of Section 1240, to eliminate vacancies and misassignments.
SEC. 5. Section 44258.9 is added to the Education Code, to read:44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.
SEC. 5. Section 44258.9 is added to the Education Code, to read:
### SEC. 5.
44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.
44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.
44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:(1) The effectiveness of the reviews required pursuant to this section.(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.(3) The need, if any, to assist schools to eliminate vacancies and misassignments.(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.
44258.9. (a) The Legislature finds that continued monitoring of teaching assignments by the commission will ensure that the rate of teacher misassignment remains low. To that end, the commission and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.
(b) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education and identify misassignments, as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126.
(c) On or before July 1, 2019, and on or before July 1 annually thereafter, the commission shall verify that schools, school districts, and county offices of education that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided.
(d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education responsible for the assignment shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission does not receive a response within 30 days of the notification, the assignment shall be included in the commissions annual reporting for that year as a misassignment as defined in subparagraph (B) of paragraph (5) of subdivision (b) of Section 33126. To be considered valid, a determination submitted to the commission shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission.
(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. A corrected misassignment, and the method of correction, shall be reported to the commission by the county office of education no later than July 1 of the year in which the correction occurred. A misassignment that is not corrected within the 30-day timeframe shall be reported to the commission by the county of education no later than July 1 of the year in which the misassignment occurred.
(3) The county office of education shall collect data on the number of vacant teacher positions in each school district as defined in subparagraph (A) of paragraph (5) of subdivision (b) of Section 33126, and report that data to the commission no later than July 1 of the year in which the vacancies occurred.
(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, shall report its determination regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review.
(e) The commission shall annually publish misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews.
(f) The commission or the county office of education may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.
(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:
(1) The effectiveness of the reviews required pursuant to this section.
(2) The extent, if any, of vacancies and misassignments, as defined in subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of Section 33126.
(3) The need, if any, to assist schools to eliminate vacancies and misassignments.
(h) (1) The commission and the department may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of regulations establishing sanctions pursuant to this subdivision, the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, and personnel within county offices of education of the regulations and statutes affecting the assignment of certificated personnel.
(2) A certificated person who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools of the illegal assignment. The county superintendent of schools shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified.
(i) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, the governing board of a school district shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section.
SEC. 6. The Legislature finds and declares that the amendments made to Section 33126 of the Education Code by Section 1 of this act further the purposes of the Classroom Instructional Improvement and Accountability Act.
SEC. 6. The Legislature finds and declares that the amendments made to Section 33126 of the Education Code by Section 1 of this act further the purposes of the Classroom Instructional Improvement and Accountability Act.
SEC. 6. The Legislature finds and declares that the amendments made to Section 33126 of the Education Code by Section 1 of this act further the purposes of the Classroom Instructional Improvement and Accountability Act.
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SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 7.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.