44250-44277
EDUCATION CODE
SECTION 44250-44277
44250. The commission shall issue only the following two types of
credentials, with authorizations as hereinafter defined:
(a) A teaching credential.
(b) A services credential.
The commission may issue an internship teaching or services
credential.
44251. (a) The period for which a credential, as authorized under
Section 44250 issued prior to September 1, 1985, is valid shall be as
follows:
(1) For an internship credential: two years.
(2) For a preliminary credential, pending completion of the clear
credential program: five years.
(3) For a life credential: the life of the holder.
(b) The period for which a credential issued on or after September
1, 1985, as authorized under Section 44250 is valid, shall be as
follows:
(1) For an internship credential: two years.
(2) For a preliminary credential, pending completion of a
beginning teacher induction program approved by the commission or the
clear credential program: five years.
(3) For a clear teaching credential: the life of the holder, if
the holder submits an application and fee for renewal every five
years and meets all professional fitness requirements under Sections
44339, 44340, and 44341.
(4) For a clear services credential: the life of the holder, if
the holder submits an application and fee for renewal every five
years and meets all professional fitness requirements under Sections
44339, 44340, and 44341.
44251.2. A credential, permit, certificate, or other document that
is lawfully issued by the commission shall remain in force in
accordance with the laws and regulations under which it was issued,
and shall be exempt from new laws and regulations unless sections of
this code are specifically amended to the contrary.
44252. (a) The commission shall establish standards and procedures
for the initial issuance and renewal of credentials.
(b) The commission shall not issue initially a credential, permit,
certificate, or renewal of an emergency credential to a person to
serve in the public schools unless the person has demonstrated
proficiency in basic reading, writing, and mathematics skills in the
English language as provided in Section 44252.5 or Section 44252.7.
The commission shall exempt the following persons from the basic
skills proficiency test requirement:
(1) A person credentialed solely for the purpose of teaching
adults in an apprenticeship program.
(2) An applicant for an adult education designated subject
credential for other than an academic subject.
(3) A person credentialed in another state who is an applicant for
employment in a school district in this state who has passed a basic
skills proficiency examination administered by the state where the
person is credentialed.
(4) A person credentialed in another state who is an applicant for
employment in a school district in this state who has passed a basic
skills proficiency examination that has been developed and
administered by the school district offering that person employment,
by cooperating school districts, or by the appropriate county office
of education. School districts administering a basic skills
proficiency examination under this paragraph shall comply with the
requirements of subdivision (h) of Section 44830. The applicant shall
be granted a nonrenewable credential, valid for not longer than one
year, pending fulfillment of the basic skills proficiency requirement
pursuant to Section 44252.5.
(5) An applicant for a child care center permit or a permit
authorizing service in a development center for the handicapped, so
long as the holder of the permit is not required to have a
baccalaureate degree.
(6) The holder of a credential, permit, or certificate to teach,
other than an emergency permit, who seeks an additional authorization
to teach.
(7) An applicant for a credential to provide service in the health
profession.
(8) An applicant who achieves scores on the writing, reading, and
mathematics sections of the College Board SAT Reasoning Test, the
enhanced ACT Test, or the California State University Early
Assessment Program that are sufficient to waive the English placement
test and the entry level mathematics examination administered by the
California State University.
(9) An applicant for an eminence credential to be issued pursuant
to Section 44262.
(c) The Superintendent shall adopt an appropriate state test to
measure proficiency in these basic skills. In adopting the test, the
Superintendent shall seek assistance from the commission and an
advisory board. A majority of the members of the advisory board shall
be classroom teachers. The board also shall include representatives
of school boards, school administrators, parents, and postsecondary
educational institutions.
The Superintendent shall adopt a normed test that the
Superintendent determines will sufficiently test basic skills for
purposes of this section.
The Superintendent, in conjunction with the commission and
approved teacher training institutions, shall take steps necessary to
ensure the effective implementation of this section.
(d) This section does not require the holders of, or applicants
for, a designated subjects special subjects credential to pass the
state basic skills proficiency test unless the requirements for the
specific credential required the possession of a baccalaureate
degree. The governing board of each school district, or each
governing board of a consortium of school districts, or each
governing board involved in a joint powers agreement, which employs a
holder of a designated subjects special subjects credential shall
establish its own basic skills proficiency criteria for the holders
of these credentials and shall arrange for those individuals to be
assessed. The basic skills proficiency criteria established by the
governing board shall be at least equivalent to the test required by
the district, or in the case of a consortium or a joint powers
agreement, by any of the participating districts, for graduation from
high school. The governing board or boards may charge a fee to
individuals being tested to cover the costs of the test, including
the costs of developing, administering, and grading the test.
(e) The commission shall compile data regarding the rate of
passing the state basic skills proficiency test by persons who have
been trained in various institutions of higher education. The data
shall be available to members of the public, including to persons who
intend to enroll in teacher education programs.
(f) Each applicant to an approved credential program, unless
exempted by subdivision (b), shall take the state basic skills
proficiency test in order to provide both the prospective applicant
and the program with information regarding the proficiency level of
the applicant. Test results shall be forwarded to each California
postsecondary educational institution to which the applicant has
applied. The program shall use test results to ensure that, upon
admission, each applicant receives appropriate academic assistance
necessary to pass the state basic skills proficiency test. Persons
residing outside the state shall take the test no later than the
second available administration following their enrollment in a
credential program.
It is the intent of the Legislature that applicants for admission
to teacher preparation programs not be denied admission on the basis
of state basic skills proficiency test results.
44252.1. (a) It is the intent of the Legislature that a credential
candidate enrolled in a credential preparation program receive
reasonable time to complete the program without meeting new
requirements, including, but not limited to, requirements added by
statutes, regulations, or commission standards, after the candidate's
enrollment in the program. Further, to ensure that all candidates
for a credential receive reasonable information and advice as they
proceed through their program, the Legislature finds and declares
that it is incumbent upon credential preparation programs to inform
candidates of new requirements and extension provisions available to
eligible candidates.
(b) For the purposes of this section, the following terms shall
have the following meanings:
(1) "Enrolled" refers to an individual who, on or after January 1,
2002, continuously participates in and is working toward completing
the requirements for a program that meets the minimum requirements
for a California preliminary multiple or single subject teaching
credential as specified in Section 44259. Whether an individual is
enrolled shall be subject to verification by the Commission on
Teacher Credentialing.
(2) "Continuously enrolled" refers to an individual who has begun
a teacher preparation program and does not have a break in that
participation that exceeds a period of 18 months.
(c) The commission shall adopt regulations to provide a credential
candidate enrolled in a commission-accredited preparation program,
including, but not limited to, an internship program as defined in
Article 7.5 (commencing with Section 44325) and Article 3 (commencing
with Section 44450), a professional preparation program as defined
in Article 7 (commencing with Section 44320), or an integrated
program of professional preparation as defined in Section 44259.1
with a grace period to complete the program without meeting new
requirements, including, but not limited to, requirements added by
statutes, regulations, or commission standards, after the candidate's
enrollment in the program. The commission shall also ensure through
standards and accreditation procedures that credential preparation
programs provide credential candidates with information about new
requirements and extension provisions as outlined in this subdivision
and subdivisions (d) and (e).
(1) The commission shall adopt regulations that provide a
credential candidate enrolled in a commission-accredited preparation
program time of not less than 24 months after enrollment in the
program, during which time new or amended statutes, regulations, and
commission standards that become effective and are imposed on
credential candidates after the candidate's enrollment date shall not
apply to that candidate.
(2) The commission shall allow a credential candidate an extension
of time in addition to the time specified pursuant to paragraph (1)
to complete a credential program under the statutes, regulations, and
commission standards in place at the time of the candidate's
enrollment if the candidate can demonstrate extenuating
circumstances, including, but not limited to, personal or family
illness, bereavement, or financial hardship and develops a plan, in
consultation with the credential preparation program, for continued
progress toward completion of the preparation program.
(d) The commission shall maintain a list of candidates who are
allowed an extended time period to complete the program under the
statutes, regulations, and commission standards in place at the time
of the candidates' enrollment prior to the effective date of a new or
amended statute, regulation, or standard. This list shall include
the projected date of program completion for each candidate.
(e) (1) A credential candidate enrolled in an integrated program
of professional preparation pursuant to subdivision (a) of Section
44259.1 is not subject to any new requirements added by statute,
regulation, or commission standards if that candidate is continuously
enrolled in the program, as defined in paragraph (2) of subdivision
(b), and does not change the type of credential or program he or she
is pursuing once enrolled.
(2) A credential candidate continuously enrolled in an integrated
program of professional preparation pursuant to subdivision (a) of
Section 44259.1 who has completed all requirements necessary to begin
the student teaching component of his or her program shall be
eligible to receive an extension of 12 months, if necessary, to
complete the outstanding requirements that were in place when that
credential candidate began the preparation program, and shall not be
subject to any new requirements added by statute, regulation, or
commission standards, once that candidate begins the student teaching
portion of his or her program.
(3) This subdivision does not limit the ability of a candidate to
seek additional time to complete a credential pursuant to paragraph
(2) of subdivision (c).
(4) By June 30, 2004, the commission shall report to the education
policy committees in each house of the Legislature on the success of
the integrated program of professional development pursuant to
Section 44259.1 toward preparing teacher candidates, including, but
not limited to, the number of students admitted to the teacher
education component in each program, the number of students who have
completed all course requirements, including student teaching, and
who have applied for a credential, the number of students applying
for and receiving an extension pursuant to subdivision (e), and the
information collected pursuant to subdivision (d).
(f) This section does not supersede subdivision (h) of Section
44259.
(g) A modification of a credentialing examination by the
commission that is made as the result of a validity study or a
passing standard study shall not be considered a new requirement for
purposes of this section.
(h) If credential preparation coursework that a credential
candidate has not yet taken is modified, the candidate shall take the
modified coursework instead of the previously required coursework
unless the modified coursework is not readily available, the modified
coursework would result in an increased cost to the candidate, or
completion of the modified coursework would delay the candidate's
completion of the credential preparation program.
(i) Once a candidate has received a preliminary California
teaching credential pursuant to Section 44259 and is employed as the
teacher of record in a California public school, the candidate shall
not be subject to any new requirements for completing the induction
phase required to obtain the professional clear teaching credential
pursuant to Section 44279.4, for a period not to exceed the length of
time provided for the preliminary teaching credential pursuant to
Section 44251.
44252.5. (a) The commission shall administer the state basic skills
proficiency test pursuant to Sections 44227, 44252, and 44830 in
accordance with rules and regulations adopted by the commission. A
fee shall be charged to individuals being tested to cover the costs
of the test, including the costs of developing, administering, and
grading the test. The amount of the fee shall be established by the
commission to recover the cost of examination administration and
development pursuant to Section 44235.3.
(b) The commission may enter into agreements with other states
permitting the use of the state basic skills proficiency test as a
requirement for the issuance of credentials or for teacher
preparation program admission in those other states, provided that
the use would advance the interests of the State of California and
that the other states reimburse the Teacher Credentials Fund for a
proportionate share of costs of the development and administration of
the test.
(c) An individual who passes the state basic skills proficiency
test, as adopted by the Superintendent, shall be considered
proficient in the skills of reading, writing, and mathematics, and
shall not be required to be retested by this test for purposes of
meeting the proficiency requirements of Sections 44227, 44252, and
44830.
(d) An individual who passes one or more components of the state
basic skills proficiency test in the subjects of basic reading,
writing, or mathematics shall be deemed to have demonstrated his or
her proficiency in these subject areas and shall not be required to
be retested in these subjects during subsequent test administrations.
44252.6. (a) The commission, no later than July 1, 2007, shall
ensure that the California Subject Examinations for Teachers (CSET):
Multiple Subjects be modified to add an assessment of basic writing
skills at least as comprehensively and to the level of rigor that
basic writing skills are assessed by the state basic skills
proficiency test.
(b) Any individual who passes the CSET: Multiple Subjects, after
it has been adjusted pursuant to subdivision (a), with the necessary
score determined by the commission, shall be considered proficient in
the skills of reading, writing, and mathematics, and shall not be
required to pass the state basic skills proficiency requirements of
Sections 44227, 44252, and 44830.
(c) The commission shall conduct a public study session to
consider the implications of incorporating the assessment of ability,
skills, and knowledge related to effective reading instruction that
is assessed by the Reading Instruction Competence Assessment (RICA)
within the teacher performance assessment set forth in Section
44320.2 and shall report on the outcome of that session to the
Legislature and the Governor no later than July 1, 2007. At the study
session, the commission shall provide an opportunity for teachers,
teacher educators, reading specialists, testing specialists,
representatives of teachers, administrators, governing board members,
parents of pupils, and the public to comment on the implications,
costs, and validity of consolidating these assessments.
(d) The commission shall convene a public study session to discuss
the implications of modifying the single subject California Subject
Examinations for Teachers (CSET) to assess basic skills in reading,
writing, and mathematics. The commission, no later than October 1,
2007, shall report to the Legislature on the outcome of that session
of modifying the CSET in single subjects to assess basic skills in
the subjects of basic reading, writing, and mathematics, at least as
comprehensively and to the level that these skills are assessed by
the state basic skills proficiency test. At the study session, the
commission shall provide an opportunity for teachers, teacher
educators, reading specialists, testing specialists, representatives
of teachers, administrators, governing board members, parents of
pupils, and the public to comment on the implications, costs, and
validity of modifying these assessments.
(e) The commission shall ensure that the consolidation and
modification of assessments pursuant to this section does not result
in an increase in the total fees paid by teacher credential
candidates.
44252.7. (a) Commencing on September 1, 1984, applicants for an
initial regular children's center instructional permit, and
applicants for the renewal of an emergency children's center permit
or a limited service permit shall demonstrate proficiency in basic
reading, writing, and mathematics skills by doing one of the
following:
(1) Passing a proficiency test developed by a school district
pursuant to either Section 45361.5 or 51216.
(2) Having met the requirements for an associate degree or
baccalaureate degree.
(3) Passing the California Basic Education Skills Test.
(4) Passing a field-based assessment approved by the Commission on
Teacher Credentialing.
(b) If a child care and development program teacher employed prior
to September 1, 1984, in such a program receiving public funds does
not demonstrate proficiency in basic skills pursuant to this section,
he or she shall be given two years to master these basic skills
without jeopardizing the renewal of his or her permit, and shall be
given additional opportunities to be reassessed.
(c) Persons seeking compensation as a child care and development
program teacher in such a program who have limited English-speaking
ability may be granted an additional exemption to this requirement by
the employing agency, for a period of up to one year, if the agency
deems that the exemption is in the best interest of the children
enrolled in the program. No person shall be exempted from these
requirements for more than a total of three years.
(d) School districts receiving public funds to operate a child
care and development program under direct contract with the State
Department of Education and subject to regulations set forth in Title
5 of the California Administrative Code shall make available to
persons seeking compensation for work as teachers in the program the
test developed or administered pursuant to Section 45361.5 or 51216.
A school district may charge a fee to persons taking the test
pursuant to the requirements of this section to fund the actual costs
incurred by the district in giving the test.
(e) The State Department of Education shall make available an
appropriate test meeting the requirements of this section to a person
seeking compensation for work as a child care and development
program teacher in such a center which is not administered by a
school district. School districts shall assist the State Department
of Education in fulfilling this requirement by making available to
the department, upon request, the test developed or administered
pursuant to Section 45361.5.
(f) The State Department of Education may charge a fee to persons
taking the test pursuant to the requirements of this section to fund
the actual costs incurred by the department in giving the test.
44252.8. (a) The commission may defer the state basic skills
proficiency test requirement in any case when illness, a family
death, or another similar and justifiable personal reason prevented a
credential applicant who had registered to take the test from taking
the test, or in any case when circumstances entirely beyond the
control of the applicant prevented his or her receipt of proof of
having passed the test. However, the commission shall not grant a
deferral to any person who has failed the state basic skills
proficiency test.
Any person granted a deferral pursuant to this section shall take
the state basic skills proficiency test at the next available
opportunity, or the deferral shall terminate. If any person granted a
deferral fails to pass the test, the deferral shall terminate.
(b) The commission shall keep a record of deferrals granted, the
persons to whom they were granted, and the reasons for the deferrals.
44252.9. (a) The Legislature finds and declares that the effective
education of pupils in kindergarten and grades 1 to 12, inclusive,
depends substantially on the academic skills, content competence, and
pedagogical preparation of classroom teachers. It is essential that
the ongoing administration of the state basic skills proficiency exam
for teachers be carried out at all times by a competent contractor
who adheres to high standards using sound, effective, and defensible
assessment procedures. The administration of this exam is jeopardized
by the increasing costs of the exam and statutory restrictions that
remain in effect. To preserve and strengthen the screening of teacher
candidates in relation to their basic academic skills, the
Legislature intends to maintain the state examination that is
administered by the commission pursuant to Section 44252.5, and to
support needed improvements in exam-related services to teaching
credential candidates.
(b) The commission shall make improvements to increase access to
the state basic skills proficiency test, and shall improve
exam-related services provided to candidates for teaching
credentials, which may include, but are not limited to, the
following:
(1) Administering the test more frequently.
(2) Increasing the number of testing locations.
(3) Making the exam available year-round by appointment at
examination centers that are highly secure and professionally
supervised.
(c) The commission shall adopt these improvements in consultation
with the Department of Finance and shall report all improvements to
the Legislature, no later than January 1, 2003.
44253.1. The Legislature finds and declares that almost one
million, or one of every five, pupils in California's public schools
are of limited English proficiency, and that the number of those
pupils is increasing rapidly. In addition, the number of primary
languages spoken by California's limited-English-proficient pupils is
increasing. The Legislature recognizes that
limited-English-proficient pupils have the same right to a quality
education as all California pupils. For these pupils to have access
to quality education, their special needs must be met by teachers who
have essential skills and knowledge related to English language
development, specially designed content instruction delivered in
English, and content instruction delivered in the pupils' primary
languages. It is the intent of the Legislature that the Commission on
Teacher Credentialing implement an assessment system to certify
those teachers who have the essential skills and knowledge necessary
to meet the needs of California's limited-English-proficient pupils.
44253.2. For purposes of this chapter, the following terms shall
have the following meanings, unless the context otherwise requires:
(a) "Instruction for English language development" means
instruction designed specifically for limited-English-proficient
pupils to develop their listening, speaking, reading, and writing
skills in English.
(b) "Specially designed content instruction delivered in English"
means instruction in a subject area, delivered in English, that is
specially designed to meet the needs of limited-English-proficient
pupils.
(c) "Content instruction delivered in the primary language" means
instruction in a subject area delivered in the primary language of
the pupil.
(d) "Instruction for primary language development" means
instruction designed to develop a pupil's listening, speaking,
reading, and writing skills in the primary language of the pupil.
(e) "Culture and cultural diversity" means an understanding of
human relations, including the following:
(1) The nature and content of culture.
(2) Cross cultural contact and interactions.
(3) Cultural diversity in the United States and California.
(4) Approaches to providing instruction responsive to the
diversity of the pupil population.
(5) Recognizing and responding to behavior related to bias based
on the characteristics listed in Section 220.
(6) Techniques for the peaceful resolution of conflict.
44253.3. (a) The commission shall issue an authorization for a
teacher to provide all of the following services to
limited-English-proficient pupils:
(1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit pursuant to Sections 8363 and
44252.7, a children's center supervision permit pursuant to Section
8363, or a designated subjects teaching credential in adult education
pursuant to Section 44260.2. If the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit, or a children's center
supervision permit, instruction for English language development is
limited to the programs authorized by that permit. If the requirement
specified in paragraph (1) of subdivision (b) is satisfied by the
possession of a designated subjects teaching credential in adult
education, instruction for English language development is limited to
classes organized primarily for adults.
(2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b).
(b) The minimum requirements for the authorization, which may be
completed at the same time as the initial preparation for the
prerequisite credential or at a later date, shall include all of the
following:
(1) Possession of a valid California teaching credential, services
credential, visiting faculty permit, children's center instructional
permit, or children's center supervision permit which credential or
permit authorizes the holder to provide instruction to pupils in
preschool, kindergarten, any of grades 1 to 12, inclusive, or classes
primarily organized for adults, except for any of the following:
(A) Emergency credentials or permits.
(B) Exchange credentials as specified in Section 44333.
(C) District intern credentials as specified in Section 44325.
(D) Sojourn certificated employee credentials as specified in
Section 44856.
(E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.
(2) Passage of one or more examinations, or by completing an
approved program that consists of coursework or a combination of
coursework and examinations, that the commission determines is
necessary for demonstrating the knowledge and skills required for
effective delivery of the services included in the authorization.
(3) Completion of at least six semester units, or nine quarter
units, of coursework in a second language at a regionally accredited
institution of postsecondary education. The commission shall
establish minimum standards for scholarship in the required
coursework. The commission also shall establish alternative ways in
which the requirement can be satisfied by language-learning
experience that creates an awareness of the challenges of
second-language acquisition and development.
(c) Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness that
includes, at a minimum, instruction in the following:
(1) The nature and content of culture.
(2) Cross-cultural contact and interactions.
(3) Cultural diversity in the United States and California.
(4) Providing instruction responsive to the diversity of the pupil
population.
(5) Recognizing and responding to behavior related to the
characteristics listed in Section 220.
(6) Techniques for the peaceful resolution of conflict.
(d) The commission shall establish alternative requirements for a
teacher to earn the authorization, which shall be awarded as a
supplementary authorization pursuant to subdivision (e) of Section
44225.
(e) A teacher who possesses a credential or permit described in
paragraph (1) of subdivision (b) and is able to present a valid
out-of-state credential or certificate that authorizes the
instruction of English language learners may qualify for the
authorization issued under this section by submitting an application
and fee to the commission.
(f) The commission may issue an authorization under this section
if the applicant possesses a valid California teaching credential and
holds either of the following certificates issued by the National
Board for Professional Teaching Standards:
(1) Early and Middle Childhood/English as a New Language
Certificate.
(2) Early Adolescence through Young Adulthood/English as a New
Language Certificate.
(g) The authorization shall remain valid as long as the
prerequisite credential or permit specified in paragraph (1) of
subdivision (b) remains valid.
44253.4. (a) The commission shall issue an authorization for a
teacher to provide all of the following services to
limited-English-proficient pupils:
(1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit pursuant to Sections 8363 and
44252.7, a children's center supervision permit pursuant to Section
8363, or a designated subjects teaching credential in adult education
pursuant to Section 44260.2. If the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit, or a children's center
supervision permit, then instruction for English language development
shall be limited to the programs authorized by that permit. If the
requirement specified in paragraph (1) of subdivision (b) is
satisfied by the possession of a designated subjects teaching
credential in adult education, then instruction for English language
development shall be limited to classes organized primarily for
adults.
(2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b).
(3) Content instruction delivered in the pupil's primary language
in the subjects and at the levels authorized by the teacher's
prerequisite credential or permit used to satisfy the requirement
specified in paragraph (1) of subdivision (b).
(4) Instruction for primary language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized
primarily for adults, except when the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
children's center instructional permit, a children's center
supervision permit, or a designated subjects teaching credential in
adult education. If the requirement specified in paragraph (1) of
subdivision (b) is satisfied by the possession of a children's center
instructional permit or a children's center supervision permit, then
instruction for primary language development is limited to the
programs authorized by that permit. If the requirement specified in
paragraph (1) of subdivision (b) is satisfied by the possession of a
designated subjects teaching credential in adult education, then
instruction for primary language development is limited to classes
organized primarily for adults.
(b) The minimum requirements for the authorization, which may be
completed at the same time as the initial preparation for the
prerequisite credential or at a later date, shall include both of the
following:
(1) Possession of a valid California teaching credential, services
credential, visiting faculty permit, children's center instructional
permit, or children's center supervision permit which credential or
permit authorizes the holder to provide instruction to pupils in
preschool, kindergarten, any of grades 1 to 12, inclusive, or classes
primarily organized for adults, except for the following:
(A) Emergency credentials or permits.
(B) Exchange credentials as specified in Section 44333.
(C) District intern credentials as specified in Section 44325.
(D) Sojourn certificated employee credentials as specified in
Section 44856.
(E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.
(2) Passage of one or more examinations, or by completing an
approved program that consists of coursework or a combination of
coursework and examinations, that the commission determines is
necessary for demonstrating the knowledge, skills, and language
proficiency required for effective delivery of the services included
in the authorization.
(c) To earn the authorization, teachers who hold the authorization
described in Section 44253.3, or in Article 3.5 (commencing with
Section 44475) of Chapter 3, as that section and that article existed
on December 31, 1992, shall not be required to pass examinations
that primarily assess the skills and knowledge necessary for
effective delivery of the services included in the authorizations
they possess.
(d) The authorization shall remain valid as long as the
prerequisite credential or permit specified in paragraph (1) of
subdivision (b) remains valid.
(e) The commission initially shall issue authorizations for
languages spoken by the largest numbers of limited-English-proficient
pupils for which there are reasonable numbers of teachers or
potential teachers who speak those languages. The commission shall
explore alternative ways to make authorizations available for other
languages.
44253.5. (a) The commission shall develop and administer
examinations on which a teacher can demonstrate his or her competence
in the knowledge and skills necessary for effective teaching of
limited-English-proficient pupils. For the purpose of demonstrating
the competencies specified in paragraphs (5) and (6) of subdivision
(c) in languages for which the commission has developed no
examinations, the commission may establish guidelines for approving
assessments performed by organizations that are expert in the
language and culture assessed.
(b) To the extent possible, the scope and content of the
examinations shall be congruent with the scope and content of the
commission-approved professional preparation programs for prospective
teachers of limited-English-proficient pupils.
(c) The scope and content of the examinations shall consist of the
professional skills and knowledge that are determined by the
commission to be necessary for effective teaching of
limited-English-proficient pupils, and shall include, but need not be
limited to, the following domains of professional knowledge and
skill:
(1) First- and second-language development and the structure of
language.
(2) Methodology of English language development and specially
designed content instruction in English.
(3) Culture and cultural diversity.
(4) Methodology of content instruction in the pupil's primary
language.
(5) The culture associated with a specific language group.
(6) Competence in a language other than English that is spoken by
limited-English-proficient pupils in California.
(d) In the development of the examinations, the commission shall
confer with selected professionals who are knowledgeable and
experienced in the education of limited-English-proficient pupils,
with colleges and universities that prepare teachers for
limited-English-proficient pupils, and with the State Department of
Education.
44253.6. (a) Until the commission begins the administration of
Section 44253.5, as added by Chapter 1050 of the Statutes of 1992,
the commission shall continue to administer Sections 44253.5 and
44253.6 and Article 3.5 (commencing with Section 44475) of Chapter 3,
as those sections and that article existed on December 31, 1992.
(b) A teacher who earned a passing score on a part of the
examination for the bilingual cross-cultural certificate that was
administered by the commission pursuant to Sections 44253.5 and
44253.6 as those sections existed on December 31, 1992, shall not be
required by the commission, as a requirement for earning the
certificate described in Section 44253.3 or 44253.4, to take a
duplicate examination within nine years of the date when the teacher
earned the passing score.
(c) A teacher who has passed both sections of the examination for
the language development specialist certificate of competence that
was administered by the commission pursuant to Article 3.5
(commencing with Section 44475) of Chapter 3 as that article existed
on December 31, 1992, shall have five years from the date of his or
her earliest passing score to complete the other requirements and
apply for the language development specialist certificate of
competence.
(d) After the commission begins to administer the examinations
required by Section 44253.5, the commission shall continue to
administer, until June 30, 1995, the examination for the language
development specialist certificate administered pursuant to Article
3.5 (commencing with Section 44475) of Chapter 3 as that article
existed on December 31, 1992, solely to those individuals who, on or
after June 30, 1992, were enrolled in language development specialist
programs approved by the commission pursuant to that article.
(e) Certificates of bilingual cross-cultural competence issued by
the commission pursuant to Sections 44253.5 and 44253.6 as those
sections existed on December 31, 1992, and certificates of competence
as language development specialist issued by the commission pursuant
to Article 3.5 (commencing with Section 44475) of Chapter 3 as it
existed on December 31, 1992, shall remain valid as long as the
holder's prerequisite teaching credential for those certificates as
specified in Sections 44253.5 and 44253.6 and Article 3.5 (commencing
with Section 44475) of Chapter 3 remain valid.
44253.7. (a) The Commission on Teacher Credentialing, based upon
the availability of funds, shall develop objective and verifiable
standards for an authorization for bilingual-cross-cultural
competence for holders of an appropriate credential, certificate,
authorization, or permit who will be serving English language
learners. These authorizations may be issued to persons holding an
appropriate credential or authorization issued by the commission,
including, but not limited to, counselors; special education
professionals, including, but not limited to, the holders of special
education credentials, clinical services credentials, and school
psychologist authorizations; and child development and preschool
professionals.
(b) Candidates for the authorization, by oral and written
examination, or by completing an approved program that consists of
coursework or a combination of coursework and examinations, shall
demonstrate all of the following either at the same time as the
initial preparation for the prerequisite credential or at a later
date:
(1) That the person is competent in both the oral and written
skills of a language other than English.
(2) That the person is competent in both the oral and written
skills in the English language. A passing score on the reading and
writing portions of the basic skills proficiency test administered
pursuant to Section 44252.5 or in accordance with Section 44252 shall
satisfy the written skills portion of this requirement.
(3) That the person has both the knowledge and understanding of
the cultural and historical heritage of the
limited-English-proficient individuals to be served.
(4) That the person has the ability to perform the services the
candidate is certified or authorized to perform in English and in a
language other than English.
(c) The commission may develop rules and regulations setting forth
objective and verifiable standards for approval of training programs
leading to the authorizations issued pursuant to this section.
(d) For the purpose of assessing the qualifications established by
the commission in accordance with this section, the commission shall
develop rules, regulations, or guidelines establishing an assessment
system that may include local educational agencies, institutions of
higher education, and qualified nonprofit bilingual testing agencies
as assessor agencies.
(e) It is not the intent of the Legislature in enacting this
section that possession of any authorization established by this
section be a state-mandated requirement for employment. It is the
intent that this is a matter for local educational agencies to
determine.
44253.8. (a) For the examinations required by Sections 44253.5 and
44253.7, the commission shall charge examination fees that are
sufficient to recover the costs of developing and administering the
examinations, including the costs of periodic studies of the
examinations, except to the extent that these costs are recovered by
appropriations from another source of funds.
(b) In addition to the fees collected pursuant to subdivision (a),
within the limits set forth in this chapter, the commission may
establish and collect fees to recover its costs for the
administration of any assessment of teaching competence adopted by
the commission to implement the provisions of this chapter, unless
the costs are recovered by appropriations from another source of
funds.
44253.9. The commission shall promulgate regulations to clarify and
make specific the requirements and authorizations of credentials,
certificates, and permits established pursuant to this article.
44253.10. (a) A teacher with a basic teaching credential may be
assigned to provide specially designed content instruction delivered
in English, as defined in subdivision (b) of Section 44253.2, to
limited-English-proficient pupils only if the following conditions
are met:
(1) The teacher, as of January 1, 1999, is a permanent employee of
a school district, a county office of education, or a school
administered under the authority of the Superintendent of Public
Instruction, or was previously a permanent employee and then was
employed in any California public school district within 39 months of
the previous permanent status, or has been employed in a school
district with an average daily attendance of not more than 250 for at
least two years.
(2) The teacher completes 45 clock hours of staff development in
methods of specially designed content instruction delivered in
English prior to January 1, 2008. The extension of the date by which
a teacher is required to complete this staff development may not be
construed as authorizing teachers to teach limited-English-proficient
pupils without a certificate issued pursuant to this section or
Sections 44253.3 and 44253.4.
(b) The commission, in consultation with the Superintendent of
Public Instruction, shall establish guidelines for the provision of
staff development pursuant to this section. The commission and the
superintendent shall use their best efforts to establish these
guidelines as soon as possible, but in no event later than January 1,
1996. Staff development pursuant to this section shall be consistent
with the commission's guidelines.
(1) To ensure the highest standards of program quality and
effectiveness, the guidelines shall include quality standards for the
persons who train others to perform staff development training and
for those who provide the training. The guidelines may require that
teachers who qualify to provide instruction pursuant to paragraph (1)
of subdivision (d) include a portion, within the total 45 clock
hours of training provided in paragraph (2) of subdivision (a), in
English language development.
(2) The guidelines for training to meet the requirements of
paragraph (1) of subdivision (d) may provide for 20 hours, or fewer
hours as the commission may specify, of training in any aspect of
English language development or specially designed content
instruction delivered in English.
(3) The guidelines shall require that the staff development
offered pursuant to this section be aligned to the teacher
preparation leading to the issuance of a certificate pursuant to
Section 44253.3 and any amendments made to that section. This
alignment, however, may not result in any increase in the number of
hours of staff development necessary to meet the requirements of this
section.
(4) The guidelines and standards established by the commission to
implement this section shall require and maintain compliance with any
requirements mandated by federal law for purposes of assuring
continued federal financial assistance.
(5) The commission shall review staff development programs in
relation to the guidelines and standards established pursuant to this
section. The review shall include all programs offered pursuant to
this section except programs previously approved pursuant to
subdivision (c). If the commission finds that a program meets the
applicable guidelines and standards, the commission shall forward a
report of its findings to the chief executive officer of the
sponsoring school district, county office of education, or regionally
accredited college or university. If the commission finds that a
program does not meet the applicable guidelines or standards, or
both, the report of the commission shall specify the areas of
noncompliance and the time period in which a second review shall
occur. If a second review of a program by the commission reveals a
pattern of continued noncompliance with the applicable guidelines or
standards, or both, the sponsoring agency shall not offer the program
to teachers who have not already enrolled in it. The effective date
for California Commission on Teacher Credentialing approval of staff
development programs not currently approved as of January 1, 2000,
shall be on or before January 1, 2002, except for persons already
enrolled in programs by January 1, 2002.
(6) By December 4, 2007, the commission shall report to the
Legislature on the status of the 45-hour and the 90-hour alternative
programs, including the strengths and weaknesses of the process and
programs. In preparing the report, the commission shall include a
summary of its review pursuant to paragraph (5) of the staff
development programs.
(c) The staff development may be sponsored by any school district,
county office of education, or regionally accredited college or
university that meets the standards included in the guidelines
established pursuant to this subdivision or any organization that
meets those standards and is approved by the commission. Any
equivalent three semester unit or four quarter unit class may be
taken by the teacher at a regionally accredited college or university
to satisfy the staff development requirement described in either
subdivision (a) or (d), or both. Once the commission has made a
determination that a college or university class is equivalent, no
further review of the class shall be required pursuant to paragraph
(5) of subdivision (b), regardless of the date of the initial review.
(d) (1) A teacher who completes the staff development described in
subdivision (a) shall be awarded a certificate of completion of
staff development in methods of specially designed content
instruction delivered in English.
(2) A teacher who completes the staff development described in
subdivision (a) may provide specially designed content instruction
delivered in English, as defined in subdivision (b) of Section
44253.2, and instruction for English language development, as defined
in subdivision (a) of Section 44253.2, in any departmentalized
teaching assignment consistent with the authorization of the teacher'
s basic credential. This authorization also applies to teachers who
completed the required staff development before the effective date of
the amendments made to this section by the act adding this
authorization.
(3) A teacher who completes the staff development described in
subdivision (a) may not be assigned to provide content instruction
delivered in the pupil's primary language, as defined in subdivision
(c) of Section 44253.2.
(4) A teacher who completes the staff development described in
subdivision (a) may be assigned to provide instruction for English
language development, as defined in subdivision (a) of Section
44253.2, in a self-contained classroom under either of the following
circumstances:
(A) The teacher has taught for at least nine years in California
public schools, certifies that he or she has had experience or
training in teaching limited-English-proficient pupils, and
authorizes verification by the entity that issues the certificate of
completion. The teacher shall be awarded a certificate of completion
in methods of instruction for English language development in a
self-contained classroom.
(B) The teacher has taught for less than nine years in California
public schools, or has taught for at least nine years in California
public schools but is unable to certify that he or she has had
experience or training in teaching limited-English-proficient pupils,
but has, within three years of completing the staff development
described in subdivision (a), completed an additional 45 hours of
staff development, including specially designed content instruction
delivered in English and English language development training, as
set forth in the guidelines developed pursuant to subdivision (b).
Upon completion of this additional staff development, the teacher
shall be awarded a certificate of completion in methods of
instruction for English language development in a self-contained
classroom.
(e) During the period in which a teacher is pursuing the training
specified in paragraph (2) of subdivision (a) or subdivision (d), or
both, including the period for the assessment and awarding of the
certificate, the teacher may be provisionally assigned to provide
instruction for English language development, as defined in
subdivision (a) of Section 44253.2, or to provide specially designed
content instruction delivered in English, as defined in subdivision
(b) of Section 44253.2.
(f) (1) A teacher who completes the staff development with any
provider specified in subdivision (c), and who meets the requirements
of subdivision (a) or (d) for a certificate of completion of staff
development in methods of specially designed content instruction
delivered in English or English language development in a
self-contained classroom, or both, shall be issued the certificate or
certificates.
(2) A teacher who completes a staff development program in methods
of specially designed content instruction delivered in English or
English language development in a self-contained classroom, or both,
who has been determined by the commission to meet the applicable
guidelines and standards, pursuant to paragraph (5) of subdivision
(b), shall receive a certificate or certificates of completion from
the commission upon submitting an application, a staff development
verification form to be furnished by the commission, and payment of a
fee to be set by the commission, not to exceed forty-five dollars
($45).
(3) A person who is enrolled in, or who has completed a staff
development program not approved by the commission prior to January
1, 2002, may, until the date of January 1, 2003, apply to any of the
following agencies for the certificate or certificates, but the
teacher shall be issued the certificate or certificates by only one
of these agencies:
(A) The school district in which the teacher is a permanent
employee.
(B) The county office of education in the county in which the
teacher is an employee for an agency specified in paragraph (1) of
subdivision (a).
(C) Any school district or county office of education that
provides staff development pursuant to subdivision (c). Before
issuing a certificate or certificates based on an equivalent class or
classes, as provided for in subdivision (c), the issuing agency
shall determine if the class or classes meet the guidelines
established pursuant to subdivision (b).
(4) Any school district or county office of education that issues
a certificate of completion shall forward a copy of the certificate
to the Commission on Teacher Credentialing within 90 days of issuing
the certificate.
(5) An agency that issues a certificate or certificates of
completion may charge the teacher requesting the certificate or
certificates of completion a fee that will cover the actual costs of
the agency in issuing, forwarding a copy to the commission, and
paying any fee charged by the commission for receiving and servicing,
the certificate or certificates of completion.
The commission may charge the agency that forwards a copy of a
certificate or certificates of completion a one-time fee to cover the
actual costs to the commission to file the copy or copies, and to
issue duplicates when requested by the teacher. The fee shall not
exceed an amount equal to one-half the fee the commission charges for
issuing a credential.
(g) The certificate of completion is valid in all California
public schools. A teacher who has been issued a certificate of
completion may be assigned indefinitely to provide the instructional
services named on the certificate in any school district, county
office of education, or school administered under the authority of
the Superintendent of Public Instruction.
(h) Teacher assignments made in accordance with subdivision (a) of
this section shall be included in the reports required by
subdivisions (a) and (e) of Section 44258.9.
(i) The governing board of each school district shall make
reasonable efforts to provide limited-English-proficient pupils in
need of English language development instruction with teachers who
hold appropriate credentials, language development specialist
certificates, or cross-cultural language and academic development
certificates that authorize English language development instruction.
However, any teacher awarded a certificate or certificates of
completion shall be deemed certificated and competent to provide the
services listed on that certificate of completion. A teacher who
completes staff development pursuant to this section may use those
hours of staff development to meet the requirements of subdivision
(b) of Section 44277.
(j) Any teacher completing staff development pursuant to this
section shall be credited with three semester units or four quarter
units for each block of 45 hours of staff development completed for
the purpose of meeting the requirements set forth in subdivision (b)
of Section 44253.3.
(k) Any school district may use funds allocated to it for the
purposes of Chapter 3.1 (commencing with Section 44681) to provide
staff development pursuant to this section.
44253.11. (a) A teacher with a designated subjects teaching
credential or a service credential with a special class authorization
may enroll in a course that meets the minimum requirements of staff
development in methods of specially designed content instruction
delivered in English, as described in Section 44253.3, 44253.4,
44253.7, or 44253.10.
(b) The commission, in consultation with the Superintendent, shall
establish guidelines for the provision of staff development pursuant
to this section that are at least as rigorous as the guidelines
established pursuant to Section 44253.10. The commission and the
Superintendent may designate guidelines established pursuant to
Section 44253.10 in satisfaction of this subdivision. Staff
development pursuant to this section shall be consistent with the
guidelines of the commission.
(1) To ensure the highest standards of program quality and
effectiveness, the guidelines shall include quality standards
applicable to persons who train others to perform staff development
training, as well as for persons who provide the training.
(2) The guidelines shall require that staff development offered
pursuant to this section be aligned with the teacher preparation that
leads to the issuance of a certificate pursuant to Section 44253.3.
(3) The guidelines and standards established by the commission to
implement this section shall comply with federal law.
(4) The commission shall review staff development programs in
relation to the guidelines and standards established pursuant to this
section. The review shall include all programs offered pursuant to
this section. If the commission finds that a program meets the
applicable guidelines and standards, the commission shall forward a
report of its findings to the chief executive officer of the
sponsoring school district, county office of education, or regionally
accredited college or university. If the commission finds that a
program does not meet the applicable guidelines or standards, or
both, the report of the commission shall specify the areas of
noncompliance and the time period in which a second review must
occur. If a second review reveals a pattern of continued
noncompliance with the applicable guidelines or standards, or both,
the sponsoring agency shall be prohibited from continuing to offer
the program to teachers.
(c) The staff development may be sponsored by a school district,
county office of education, or regionally accredited college or
university that meets the standards included in the guidelines
established pursuant to this section or an organization that meets
those standards and that is approved by the commission. An equivalent
course may be taken by a teacher at a regionally accredited college
or university in order to satisfy the staff development requirement.
Once the commission makes a determination that a college or
university class is equivalent, no further review of the class shall
be required.
(d) (1) A teacher who completes the staff development described in
this section shall be awarded a certificate of completion in methods
of specially designed content instruction delivered in English.
(2) A teacher who completes the staff development described in
this section is allowed to provide specially designed content
instruction delivered in English, as defined in subdivision (b) of
Section 44253.2.
(3) A teacher who completes the staff development described in
this section may not be assigned to provide content instruction
delivered in the primary language of the pupil, as defined in
subdivision (c) of Section 44253.2.
(e) A teacher who completes a staff development program in methods
of specially designed content instruction delivered in English
pursuant to this section shall receive a certificate of completion
from the commission upon submitting an application, a staff
development verification form to be furnished by the commission and
payment of a fee, as determined by the commission, not to exceed
forty-five dollars ($45).
(f) The certificate of completion is valid in all public schools.
A teacher who has been issued a certificate of completion may be
assigned indefinitely to provide the instructional services named on
the certificate in a school district, county office of education, or
school administered under the authority of the Superintendent.
(g) Teacher assignments made in accordance with this section shall
be included in the reports required by Sections 44225.6 and 44258.9.
(h) The governing board of each school district shall make
reasonable efforts to provide limited-English-proficient pupils in
need of English language development instruction with teachers who
hold appropriate credentials, language development specialist
certificates, or cross-cultural language and academic development
certificates that authorize English language development instruction.
However, a teacher awarded a certificate or certificates of
completion pursuant to this section shall be deemed certificated and
competent to provide the services listed on that certificate of
completion.
(i) A teacher completing staff development pursuant to this
section shall be credited with three semester units or four quarter
units for each block of 45 clock hours completed for the purpose of
meeting the requirements set forth in subdivision (b) of Section
44253.3.
44254. (a) The commission shall establish standards for a
restricted reading certificate to enable holders of a teaching
credential to provide the early development of reading and language
arts skills and the early correction of a pupil's reading
difficulties.
(b) (1) The standards and qualifications for the restricted
reading certificate shall include demonstrated knowledge of both of
the following:
(A) Current and confirmed research in teaching basic reading
skills that train the candidate for the restricted reading
certificate in ongoing, diagnostic techniques that inform teaching
and assessment.
(B) Teaching techniques for basic reading skills that include
direct instruction in phonemic awareness, systematic, explicit
phonics, and comprehension skills.
(2) The candidate shall also demonstrate knowledge of early
intervention techniques, and shall receive guided practice with all
of the aforementioned skills within a clinical setting. For the
purposes of this section, "direct, systematic, explicit phonics"
means spelling patterns, direct instruction in the relationships
among sounds and symbols, and practice in connected, decodable text.
(c) The commission shall be authorized to issue a restricted
reading certificate to holders of a teaching credential who meet the
commission's standards.
44254. (a) The commission shall establish standards for a
restricted reading certificate to enable holders of a teaching
credential to provide the early and continuing development of reading
and language arts skills and the earliest possible correction of a
pupil's reading difficulties.
(b) The standards and qualifications for the restricted reading
certificate shall include, but not be limited to, demonstrated
knowledge of the following:
(1) Current and confirmed research in the teaching of basic
reading skills, including research in ongoing, diagnostic techniques
that inform teaching and assessment.
(2) Techniques for teaching basic reading skills that include
direct instruction in phonemic awareness, direct systematic, explicit
phonics, and comprehension skills.
(3) Early intervention techniques.
(c) A candidate for a restricted reading certificate shall
receive, within a clinical setting, guided practice in all of the
skills described in subdivision (b).
(d) The commission may issue a restricted reading certificate to a
holde