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| 1 | + | Amended IN Assembly April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member IrwinFebruary 16, 2018 An act to amend Sections 33126, 44225.6, 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 amended, 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 23 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)(1) 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)(2) 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)(3) 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 providing, among other things, 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. commission.The bill would require a determination submitted to the commission and county office of education 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: TWO_THIRDSMAJORITY 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 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 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 educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated 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 1. 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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.SEC. 2. 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.SEC. 3. Section 44258.9 of the Education Code is repealed.SEC. 5.SEC. 4. Section 44258.9 is added to the Education Code, to read:44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.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.SEC. 5. 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. | |
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| 3 | + | Amended IN Assembly April 17, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3048Introduced by Assembly Member IrwinFebruary 16, 2018 An act to amend Sections 33126, 44225.6, 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 amended, 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 23 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)(1) 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)(2) 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)(3) 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 providing, among other things, 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. commission.The bill would require a determination submitted to the commission and county office of education 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: TWO_THIRDSMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | + | Amended IN Assembly April 17, 2018 | |
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| 7 | - | Amended IN Assembly May 02, 2018 | |
| 8 | 7 | Amended IN Assembly April 17, 2018 | |
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| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
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| 12 | 11 | Assembly Bill No. 3048 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member IrwinFebruary 16, 2018 | |
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| 16 | 15 | Introduced by Assembly Member Irwin | |
| 17 | 16 | February 16, 2018 | |
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| 19 | - | An act to amend Sections 44225.6 and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers. | |
| 18 | + | An act to amend Sections 33126, 44225.6, 44225.6 and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
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| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 3048, as amended, Irwin. Teachers: teacher assignment monitoring. | |
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| 27 | - | (1) 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.(2) 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.(3) 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, among other things, 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. The bill would also apply this provision to charter schools. Because applying this provision to charter schools imposes new duties on charter schools and local educational agencies serving as chartering authorities, the bill would impose a state-mandated local program.The bill would require a determination submitted to the commission and county office of education 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 require potential misassignments that cannot be verified as legally authorized to be corrected by the administrator responsible for the assignment within 30 days of final notification by the commission. 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, or in the case of a charter school, the chartering authority, 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.(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 26 | + | (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 23 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)(1) 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)(2) 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)(3) 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 providing, among other things, 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. commission.The bill would require a determination submitted to the commission and county office of education 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. | |
| 27 | + | ||
| 28 | + | (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 23 of the Legislature and signed by the Governor. | |
| 29 | + | ||
| 30 | + | ||
| 31 | + | ||
| 32 | + | 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. | |
| 33 | + | ||
| 34 | + | ||
| 35 | + | ||
| 36 | + | (2) | |
| 37 | + | ||
| 38 | + | ||
| 28 | 39 | ||
| 29 | 40 | (1) 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. | |
| 30 | 41 | ||
| 31 | 42 | 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. | |
| 32 | 43 | ||
| 44 | + | (3) | |
| 45 | + | ||
| 46 | + | ||
| 47 | + | ||
| 33 | 48 | (2) 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. | |
| 34 | 49 | ||
| 35 | 50 | 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. | |
| 36 | 51 | ||
| 52 | + | (4) | |
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 37 | 56 | (3) 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. | |
| 38 | 57 | ||
| 39 | - | This bill would revise and recast this provision, providing, among other things, 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 | |
| 58 | + | This bill would revise and recast this provision, providing providing, among other things, 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. commission. | |
| 40 | 59 | ||
| 41 | - | The bill would require a determination submitted to the commission and county office of education 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 | |
| 60 | + | The bill would require a determination submitted to the commission and county office of education 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. | |
| 42 | 61 | ||
| 43 | 62 | 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. | |
| 44 | 63 | ||
| 45 | - | ||
| 46 | - | ||
| 47 | 64 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 48 | 65 | ||
| 49 | - | ||
| 50 | - | ||
| 51 | 66 | 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. | |
| 52 | - | ||
| 53 | - | ||
| 54 | - | ||
| 55 | - | (4) 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. | |
| 56 | - | ||
| 57 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 58 | 67 | ||
| 59 | 68 | ## Digest Key | |
| 60 | 69 | ||
| 61 | 70 | ## Bill Text | |
| 62 | 71 | ||
| 63 | - | The people of the State of California do enact as follows:SECTION 1. 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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 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 44258.9 of the Education Code is repealed.SEC. 4. Section 44258.9 is added to the Education Code, to read:44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 72 | + | 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 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 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 educator in a teaching or services position for which the employee does not hold a legally recognized credential, as defined in Section 44002, with the appropriate authorization or the placement of a certificated 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 1. 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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.SEC. 2. 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.SEC. 3. Section 44258.9 of the Education Code is repealed.SEC. 5.SEC. 4. Section 44258.9 is added to the Education Code, to read:44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.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.SEC. 5. 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. | |
| 64 | 73 | ||
| 65 | 74 | The people of the State of California do enact as follows: | |
| 66 | 75 | ||
| 67 | 76 | ## The people of the State of California do enact as follows: | |
| 68 | 77 | ||
| 69 | - | SECTION 1. 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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. | |
| 70 | 78 | ||
| 71 | - | SECTION 1. Section 44225.6 of the Education Code is amended to read: | |
| 72 | 79 | ||
| 73 | - | ### SECTION 1. | |
| 80 | + | ||
| 81 | + | ||
| 82 | + | (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. | |
| 83 | + | ||
| 84 | + | ||
| 85 | + | ||
| 86 | + | (b)The school accountability report card shall include, but is not limited to, assessment of the following school conditions: | |
| 87 | + | ||
| 88 | + | ||
| 89 | + | ||
| 90 | + | (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 of Division 4. | |
| 91 | + | ||
| 92 | + | ||
| 93 | + | ||
| 94 | + | (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 of Division 4, pupil achievement by grade level, as measured by the results of the statewide assessment. | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 98 | + | (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. | |
| 99 | + | ||
| 100 | + | ||
| 101 | + | ||
| 102 | + | (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. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | (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. | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (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. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (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. | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | (B)For purposes of this paragraph, misassignment 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 in Section 44002, with the appropriate authorization or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee is not otherwise authorized by statute to hold. | |
| 119 | + | ||
| 120 | + | ||
| 121 | + | ||
| 122 | + | (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. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | (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: | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (i)The core curriculum areas of reading/language arts, mathematics, science, and history/social science. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (ii)Foreign language and health. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (iii)Science laboratory equipment for grades 9 to 12, inclusive, as appropriate. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (iv)Visual and performing arts. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (7)The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (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. | |
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | (9)The annual number of schooldays dedicated to staff development for the most recent three-year period. | |
| 155 | + | ||
| 156 | + | ||
| 157 | + | ||
| 158 | + | (10)Suspension and expulsion rates for the most recent three-year period. | |
| 159 | + | ||
| 160 | + | ||
| 161 | + | ||
| 162 | + | (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. | |
| 163 | + | ||
| 164 | + | ||
| 165 | + | ||
| 166 | + | (12)The number of advanced placement courses offered, by subject. | |
| 167 | + | ||
| 168 | + | ||
| 169 | + | ||
| 170 | + | (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. | |
| 171 | + | ||
| 172 | + | ||
| 173 | + | ||
| 174 | + | (14)Contact information pertaining to organized opportunities for parental involvement. | |
| 175 | + | ||
| 176 | + | ||
| 177 | + | ||
| 178 | + | (15)Career technical education data measures, including all of the following: | |
| 179 | + | ||
| 180 | + | ||
| 181 | + | ||
| 182 | + | (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. | |
| 183 | + | ||
| 184 | + | ||
| 185 | + | ||
| 186 | + | (B)A listing of the primary representative of the career technical advisory committee of the school district and the industries represented. | |
| 187 | + | ||
| 188 | + | ||
| 189 | + | ||
| 190 | + | (C)The number of pupils participating in career technical education. | |
| 191 | + | ||
| 192 | + | ||
| 193 | + | ||
| 194 | + | (D)The percentage of pupils that complete a career technical education program and earn a high school diploma. | |
| 195 | + | ||
| 196 | + | ||
| 197 | + | ||
| 198 | + | (E)The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education. | |
| 199 | + | ||
| 200 | + | ||
| 201 | + | ||
| 202 | + | (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. | |
| 203 | + | ||
| 204 | + | ||
| 205 | + | ||
| 206 | + | (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. | |
| 207 | + | ||
| 208 | + | ||
| 209 | + | ||
| 210 | + | SEC. 2.SECTION 1. 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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. | |
| 211 | + | ||
| 212 | + | SEC. 2.SECTION 1. Section 44225.6 of the Education Code is amended to read: | |
| 213 | + | ||
| 214 | + | ### SEC. 2.SECTION 1. | |
| 74 | 215 | ||
| 75 | 216 | 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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. | |
| 76 | 217 | ||
| 77 | 218 | 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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. | |
| 78 | 219 | ||
| 79 | 220 | 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 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 paragraph (1) of subdivision (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) Emergency permit.(D) Credential waiver.(E) Preliminary or clear credential.(F) An authorization issued pursuant to Section 44253.3.(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.(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. | |
| 80 | 221 | ||
| 81 | 222 | ||
| 82 | 223 | ||
| 83 | 224 | 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: | |
| 84 | 225 | ||
| 85 | 226 | (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. | |
| 86 | 227 | ||
| 87 | 228 | (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. | |
| 88 | 229 | ||
| 89 | 230 | (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. | |
| 90 | 231 | ||
| 91 | 232 | (4) The number of individuals receiving an emergency permit or credential waiver. | |
| 92 | 233 | ||
| 93 | 234 | (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 paragraph (1) of subdivision (d) of Section 44253.11. | |
| 94 | 235 | ||
| 95 | 236 | (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: | |
| 96 | 237 | ||
| 97 | 238 | (A) University internship. | |
| 98 | 239 | ||
| 99 | 240 | (B) District internship. | |
| 100 | 241 | ||
| 101 | 242 | (C) Emergency permit. | |
| 102 | 243 | ||
| 103 | 244 | (D) Credential waiver. | |
| 104 | 245 | ||
| 105 | 246 | (E) Preliminary or clear credential. | |
| 106 | 247 | ||
| 107 | 248 | (F) An authorization issued pursuant to Section 44253.3. | |
| 108 | 249 | ||
| 109 | 250 | (G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available. | |
| 110 | 251 | ||
| 111 | 252 | (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. | |
| 112 | 253 | ||
| 113 | 254 | (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. | |
| 114 | 255 | ||
| 115 | 256 | (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. | |
| 116 | 257 | ||
| 117 | 258 | (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: | |
| 118 | 259 | ||
| 119 | 260 | (1) The University of California system. | |
| 120 | 261 | ||
| 121 | 262 | (2) The California State University system. | |
| 122 | 263 | ||
| 123 | 264 | (3) Independent colleges and universities that offer teacher preparation programs approved by the commission. | |
| 124 | 265 | ||
| 125 | 266 | (4) Other institutions that offer teacher preparation programs approved by the commission. | |
| 126 | 267 | ||
| 127 | 268 | (d) For purposes of this section, authorization has the same meaning as defined in subdivision (d) of Section 44203. | |
| 128 | 269 | ||
| 129 | 270 | (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. | |
| 130 | 271 | ||
| 131 | - | SEC. 2. 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. | |
| 272 | + | SEC. 3.SEC. 2. 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. | |
| 132 | 273 | ||
| 133 | - | SEC. 2. Section 44230.5 of the Education Code is amended to read: | |
| 274 | + | SEC. 3.SEC. 2. Section 44230.5 of the Education Code is amended to read: | |
| 134 | 275 | ||
| 135 | - | ### SEC. 2. | |
| 276 | + | ### SEC. 3.SEC. 2. | |
| 136 | 277 | ||
| 137 | 278 | 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. | |
| 138 | 279 | ||
| 139 | 280 | 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. | |
| 140 | 281 | ||
| 141 | 282 | 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. | |
| 142 | 283 | ||
| 143 | 284 | ||
| 144 | 285 | ||
| 145 | 286 | 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. | |
| 146 | 287 | ||
| 147 | - | SEC. 3. Section 44258.9 of the Education Code is repealed. | |
| 288 | + | SEC. 4.SEC. 3. Section 44258.9 of the Education Code is repealed. | |
| 148 | 289 | ||
| 149 | - | SEC. 3. Section 44258.9 of the Education Code is repealed. | |
| 290 | + | SEC. 4.SEC. 3. Section 44258.9 of the Education Code is repealed. | |
| 150 | 291 | ||
| 151 | - | ### SEC. 3. | |
| 292 | + | ### SEC. 4.SEC. 3. | |
| 152 | 293 | ||
| 153 | 294 | ||
| 154 | 295 | ||
| 155 | - | SEC. 4. Section 44258.9 is added to the Education Code, to read:44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 296 | + | SEC. 5.SEC. 4. Section 44258.9 is added to the Education Code, to read:44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 156 | 297 | ||
| 157 | - | SEC. 4. Section 44258.9 is added to the Education Code, to read: | |
| 298 | + | SEC. 5.SEC. 4. Section 44258.9 is added to the Education Code, to read: | |
| 158 | 299 | ||
| 159 | - | ### SEC. 4. | |
| 300 | + | ### SEC. 5.SEC. 4. | |
| 160 | 301 | ||
| 161 | - | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 302 | + | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 162 | 303 | ||
| 163 | - | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 304 | + | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 164 | 305 | ||
| 165 | - | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 306 | + | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated.(2) For the purposes of this section, the following terms have the following meanings:(A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B).(B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.(b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers.(3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1).(5) Each county superintendent of schools shall assist local educational agencies that meet either of the following:(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.(c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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 local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education 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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission.(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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2).(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 and retain 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) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year.(f)(2) 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. (2) of subdivision (a).(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. paragraph (2) of subdivision (a).(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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.(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.(j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively.(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 166 | 307 | ||
| 167 | 308 | ||
| 168 | 309 | ||
| 169 | - | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 | |
| 310 | + | 44258.9. (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 will ensure that the rate of teacher misassignment remains low. To that end, the commission and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 201920 school year unless otherwise stated. | |
| 170 | 311 | ||
| 171 | 312 | (2) For the purposes of this section, the following terms have the following meanings: | |
| 172 | 313 | ||
| 173 | - | (A) | |
| 314 | + | (A) Misassignment 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 in Section 44002, with the appropriate authorization; or the placement of a certificated person, as defined in Section 44006, in a teaching or services position that the employee educator is not otherwise authorized by statute to hold; or a vacant teacher position as defined in subparagraph (B). | |
| 174 | 315 | ||
| 175 | - | (A | |
| 316 | + | (B) 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 to which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester. | |
| 176 | 317 | ||
| 177 | - | ||
| 178 | - | ||
| 179 | - | (B) Misassignment means the placement of a certificated educator educator, which has the same meaning as certificated person, as defined in Section 44006, in a teaching or services position for which the employee certificated educator does not hold a legally recognized credential, as defined in Section 44002, with the appropriate authorization; or authorization, the placement of a certificated person, as defined in Section 44006, educator in a teaching or services position that the employee educator certificated educator is not otherwise authorized by statute to hold; hold, or a vacant teacher position as defined in subparagraph (B). | |
| 180 | - | ||
| 181 | - | (B) | |
| 182 | - | ||
| 183 | - | ||
| 184 | - | ||
| 185 | - | (C) Vacant teacher position means a position to which a single-designated certificated employee educator 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 to which a single-designated certificated employee educator has not been assigned at the beginning of a semester for an entire semester. | |
| 186 | - | ||
| 187 | - | (3) Notwithstanding any other law, for charter schools authorized by the state board pursuant to paragraph (1) of subdivision (j) of Section 47605 and subdivision (a) of Section 47605.8, the requirements placed on the chartering authority of a charter school by this section shall be fulfilled by the commission. | |
| 188 | - | ||
| 189 | - | (b) (1) 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 all local educational agencies and identify misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4. | |
| 318 | + | (b) (1) 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. misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4. | |
| 190 | 319 | ||
| 191 | 320 | (2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned. | |
| 192 | 321 | ||
| 193 | - | (B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses | |
| 322 | + | (B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses of individual teachers. | |
| 194 | 323 | ||
| 195 | - | (3) The commission shall collaborate with county offices of education and local education | |
| 324 | + | (3) The commission shall collaborate with county offices of education and local education agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system. | |
| 196 | 325 | ||
| 197 | - | (4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1). | |
| 326 | + | (4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1). | |
| 198 | 327 | ||
| 199 | - | (5) Each county superintendent of schools shall assist local educational agencies | |
| 328 | + | (5) Each county superintendent of schools shall assist local educational agencies that meet either of the following: | |
| 200 | 329 | ||
| 201 | 330 | (A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies. | |
| 202 | 331 | ||
| 203 | 332 | (B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support. | |
| 204 | 333 | ||
| 205 | - | (c) Beginning with the 201920 school year, the commission shall annually verify that schools, school districts, and county offices of education | |
| 334 | + | (c) On or before July 1, 2019, and on or before July 1 annually thereafter, Beginning with the 201920 school year, the commission shall annually 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. | |
| 206 | 335 | ||
| 207 | - | (d) (1) When a potential misassignment has been identified by the commission, the | |
| 336 | + | (d) (1) When a potential misassignment has been identified by the commission, the school district or county office of education local educational agency responsible for the assignment assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, 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 commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, 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. (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education shall be certified under penalty of perjury, and is subject to verification by the county office of education or the commission. | |
| 208 | 337 | ||
| 209 | - | (2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator | |
| 338 | + | (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 potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education no later than July 1 of the year in which the misassignment occurred. by a date specified, by regulation, by the commission. | |
| 210 | 339 | ||
| 211 | - | (3) The county office of education shall collect data on the number of vacant teacher positions in each school district | |
| 340 | + | (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, (B) of paragraph (2) of subdivision (a), as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission no later than July 1 of the year in which the vacancies occurred. by the date specified by the commission pursuant to paragraph (2). | |
| 212 | 341 | ||
| 213 | - | (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, | |
| 342 | + | (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. | |
| 214 | 343 | ||
| 215 | - | (e) The commission shall annually publish and retain | |
| 344 | + | (e) The commission shall annually publish and retain 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. | |
| 216 | 345 | ||
| 217 | - | (f) (1) A local education agency or county office of education | |
| 346 | + | (f) (1) A local education agency or county office of education that is identified as having one or more misassignments in a school year shall develop a plan to ensure that such misassignments do not reoccur the following school year. | |
| 218 | 347 | ||
| 219 | - | (2) The commission or commission, the county office of education education, or, in the case of a charter school, the chartering authority 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 (2) of subdivision (a). | |
| 348 | + | (f) | |
| 349 | + | ||
| 350 | + | ||
| 351 | + | ||
| 352 | + | (2) 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. (2) of subdivision (a). | |
| 220 | 353 | ||
| 221 | 354 | (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: | |
| 222 | 355 | ||
| 223 | 356 | (1) The effectiveness of the reviews required pursuant to this section. | |
| 224 | 357 | ||
| 225 | - | (2) The extent, if any, of vacancies and misassignments, as defined in paragraph (2) of subdivision (a). | |
| 358 | + | (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. paragraph (2) of subdivision (a). | |
| 226 | 359 | ||
| 227 | 360 | (3) The need, if any, to assist schools to eliminate vacancies and misassignments. | |
| 228 | 361 | ||
| 229 | - | (h) The commission may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of | |
| 362 | + | (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, Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, 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. personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072. | |
| 230 | 363 | ||
| 231 | - | ( | |
| 364 | + | (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. | |
| 232 | 365 | ||
| 366 | + | (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. | |
| 233 | 367 | ||
| 234 | - | ||
| 235 | - | (i) (1) Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, Act of 1965, (20 U.S.C. Sec. 6301 et seq.), the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, local educational agency administrators and teachers, and personnel within county offices of education education, of the regulations and statutes affecting the assignment of certificated personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072. | |
| 236 | - | ||
| 237 | - | (2) A certificated person person, including a certificated person who is employed by a charter school, 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 schools, or in the case of a charter school, the chartering authority, of the illegal assignment. The county superintendent of schools schools, or in the case of a charter school, the chartering authority, 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. schools, or in the case of a charter school, the chartering authority. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools schools, or in the case of a charter school, the chartering authority, 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. Notwithstanding any other law, for purposes of a charter school authorized by the state board pursuant to Section 47605.8 or paragraph (1) of subdivision (j) of Section 47605, the certificated person shall file any written notifications regarding misassignment with the commission. | |
| 238 | - | ||
| 239 | - | (i) | |
| 240 | - | ||
| 241 | - | ||
| 242 | - | ||
| 243 | - | (j) 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, and as required by Section 47604.33, the governing board of a school district or a charter school shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section. (d). | |
| 244 | - | ||
| 245 | - | (j) | |
| 246 | - | ||
| 247 | - | ||
| 248 | - | ||
| 249 | - | (k) (1) The Superintendent may submit a report to the Legislature on school districts and districts, county offices of education education, and charter schools that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, 52060, 52066, and 47606.5, respectively. | |
| 368 | + | (j) (1) The Superintendent may submit a report to the Legislature on school districts and county offices of education that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, respectively. | |
| 250 | 369 | ||
| 251 | 370 | (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 252 | 371 | ||
| 253 | 372 | ||
| 254 | 373 | ||
| 255 | - | ||
| 374 | + | 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. | |
| 256 | 375 | ||
| 257 | 376 | ||
| 258 | 377 | ||
| 378 | + | SEC. 7.SEC. 5. 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. | |
| 379 | + | ||
| 380 | + | SEC. 7.SEC. 5. 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. | |
| 381 | + | ||
| 382 | + | SEC. 7.SEC. 5. 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. | |
| 383 | + | ||
| 384 | + | ### SEC. 7.SEC. 5. | |
| 385 | + | ||
| 259 | 386 | 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. | |
| 260 | - | ||
| 261 | - | ||
| 262 | - | ||
| 263 | - | SEC. 5. If the Commission on State Mandates determines that this act contains 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. | |
| 264 | - | ||
| 265 | - | SEC. 5. If the Commission on State Mandates determines that this act contains 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. | |
| 266 | - | ||
| 267 | - | SEC. 5. If the Commission on State Mandates determines that this act contains 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. | |
| 268 | - | ||
| 269 | - | ### SEC. 5. |