Today's Law As Amended


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AB-383 California Classified School Employee Teacher Credentialing Program: leave of absence for student teaching.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Many classified employees are unable to, as a practical matter, obtain teaching certificates due to the requirement of student teaching, which is generally an unpaid position and requires several months to complete.
(b) Despite the hardship of unpaid student teaching, many school districts refuse to grant classified employees a leave of absence in order to complete the student teaching requirement.
(c) Classified employees generally lack the savings required to be out of work for several months of student teaching due to earning so little pay.

SEC. 2.

 Section 44392 of the Education Code is amended to read:

44392.
 For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings:
(a) “Applicant” means a school district, charter school, or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program.
(b) “Classified school employee” means a noncertificated school employee currently working in a public school.
(b) (c)  “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program.
(c) (d)  “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program.
(d) (e)  “Program” means the California Classified School Employee Teacher Credentialing Program.
(e)  “Classified school employee” means a noncertificated school employee currently working in a public school.
(f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a teacher preparation program approved by the commission that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive.

SEC. 3.

 Section 44393 of the Education Code is amended to read:

44393.
 (a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools.
(b) Subject to an appropriation for these purposes in the annual Budget Act or another statute, the commission shall issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts, charter schools, or county offices of education to participate in the program shall include all of the following:
(1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education or a local educational agency. agency, including, but not limited to, wage replacement for a classified school employee who reduces their hours in order to meet the requirements of their teacher training program. 
(2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses or remote program  of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education.
(3) The extent to which the applicant’s plan for recruitment attempts to meet the demand for bilingual cross-cultural teachers and teachers in shortage areas in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive.
(4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district, charter school, or county office of education.
(5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs.
(c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district, charter school, or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program.
(d) (1) On or after January 1, 2024, participants in the program shall be entitled to a leave of absence from an applicant selected to participate pursuant to subdivision (b) of up to 600 hours for the purpose of completing a student teaching requirement as required by a teacher training program.
(2) An applicant shall provide a participant, upon the participant’s request, with a stipend during the leave set forth in paragraph (1) that is equal to the participant’s regular wages and shall continue to pay for any benefits during the leave. The commission shall increase the individual participant award amount to cover these costs.
(d) (e)  (1) An applicant shall require participants to satisfy both of the following requirements before participating in the program:
(A) Pass a criminal background check.
(B) Provide verification of one of the following:
(i) Has earned an associate or higher level degree.
(ii) Has successfully completed at least two years of study at a postsecondary educational institution.
(2) An applicant shall certify that it has received a commitment from each participant that he or she  the participant  will accomplish all of the following:
(A) Graduate from an institution of higher education under the program with a bachelor’s degree.
(B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential.
(C) Complete one school year of classroom instruction in the school district, charter school, or county office of education for each year that he or she  the participant  receives assistance for books, fees, and tuition  tuition, or living expenses  while attending an institution of higher education under the program.
(3) (A) If a participant fails to earn a preliminary credential or complete the period of the placement, the participant shall reimburse the applicant the amount of grant funding provided to the participant for assistance for books, fees, tuition, or living expenses while attending an institution of higher education under the program.
(B) If a participant has completed at least one school year of teaching but less than the required number of school years of teaching at a school within the jurisdiction of the applicant, the participant shall have the amount to be reimbursed adjusted proportionately to reflect the participant’s service.
(C) If a participant is unable to complete a school year of teaching, that school year may still be counted toward the required number of school years of teaching if any of the following occur:
(i) The participant has completed at least one-half of the school year.
(ii) The employer deems the participant to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(iii) The participant was not able to teach due to the financial circumstances of the applicant, including a decision to not reelect the employee for the succeeding school year.
(iv) The participant has a condition that is covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or a similar state law.
(v) The participant was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(f) Applicants may recover from a participant who fails to earn a preliminary credential or complete the period of placement the amount of grant funding provided to the participant for assistance for books, fees, tuition, or living expenses while attending an institution of higher education under the program. The amount to be recovered shall be adjusted proportionately to reflect the participant’s service provided that the participant taught for at least one school year but less than the required number of school years of teaching at a school within the jurisdiction of the applicant.
(e) (g)  The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate.
(f) (h)  On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district, charter school, or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code.
(i) The amendments to this section made by Assembly Bill 383 of the 2023–24 Regular Session shall be implemented only if an appropriation is made in the annual Budget Act or another statute specifically for these purposes.