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AB-1087 Teacher credentialing: services credential with a specialization in occupational therapy and physical therapy services.(2017-2018)

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Date Published: 04/18/2017 04:00 AM
AB1087:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1087


Introduced by Assembly Member Irwin

February 16, 2017


An act to amend Sections 48301, 48306, 48307, and 48315 of, and to amend, repeal, and add Section 48311 of, the Education Code, relating to school attendance, and declaring the urgency thereof, to take effect immediately. Section 44270 of, and to add Section 44268.2 to, the Education Code, relating to teacher credentialing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1087, as amended, Irwin. School attendance: interdistrict transfers. Teacher credentialing: services credential with a specialization in occupational therapy and physical therapy services.
(1) Existing law requires the Commission on Teacher Credentialing to, among other things, establish professional standards, assessments, and examinations for entry and advancement in the education profession and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law sets forth the minimum requirements for a services credential with a specialization in health and excludes services as an occupational therapist or physical therapist from the health services the holder of a services credential with a specialization in health is authorized to perform.
This bill would require the commission to develop a services credential with a specialization in occupational therapy and physical therapy services and sets forth the minimum requirements for the credential, as provided. The bill would specify that nothing in its provisions shall be construed to require a person to hold a credential to perform occupational therapy or physical therapy services in the public schools.
(2) Existing law specifies the minimum requirements for the preliminary services credential with a specialization in administrative services, which include, among other requirements, possession of one of various types of credentials.
This bill would provide that possession of the services credential with a specialization in occupational therapy and physical therapy services satisfies that requirement.

(1)Existing law authorizes the governing board of any school district to accept pupils for admission through interdistrict transfers in accordance with specified requirements. Existing law requires communications to parents or guardians by school districts electing to enroll pupils under the school district of choice options to comply with specified requirements.

This bill would require those communications to be designed to maximize participation by pupils who are classified as English learners, eligible for free or reduced-price meals, or foster youth, and would require communications to be translated in non-English languages in certain school districts where a specified percentage of pupils speak a single primary language other than English.

(2)Existing law requires a school district of choice to ensure the auditor who conducts the school district’s annual financial audit, as specified, reviews compliance with provisions requiring interdistrict transfer pupils to be selected through a random, unbiased process.

This bill would require the school district of choice to notify auditors of any assertions by 3rd parties of noncompliance with interdistrict transfer requirements, including allegations of nonrandom, biased admission practices.

(3)Existing law requires a school district of choice to give priority for attendance to siblings of children already in attendance in that school district.

This bill would require a school district of choice to give first priority for attendance to siblings of children already in attendance and to give second priority to pupils who are classified as English learners, eligible for free or reduced-price meals, or foster youth.

(4)Existing law authorizes a school district of residence with an average daily attendance greater than 50,000 to limit the number of pupils transferring out each year to 1% of its current year estimated average daily attendance, and authorizes a school district of residence with an average daily attendance of less than 50,000 to limit the number of pupils transferring out to 3% of its current year estimated average daily attendance.

This bill would instead authorize a school district of residence with an average daily attendance greater than 50,000 has received notification from a school district of choice that a number of pupils that the school district of residence calculates to be equal to 1% of its current year estimated average daily attendance have been accepted into that school district of choice for the following school year to restrict any additional pupils from transferring to the school district of choice upon adoption of a resolution at a public meeting of the governing board of the school district of residence. The bill would authorize a school district of residence with an average daily attendance of 50,000 or less to restrict additional pupils from transferring after receiving notification from a school district of choice that a number of pupils that the school district of residence calculates to be equal to 3% of its current year estimated average daily attendance have been accepted into that school district of choice for the following school year, and would authorize the school district of residence to limit the total number of pupils enrolled in all school districts of choice at any given time to 10% of the school district of residence’s average daily attendance.

(5)Existing law authorizes a school district of residence that has a negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year to limit the number of pupils who transfer out of the school district in that fiscal year.

This bill would also authorize a school district of residence that has a qualified status on the most recent budget certification to limit the number of pupils who transfer out of the school district.

(6)Existing law authorizes a school district of choice to provide transportation assistance to an interdistrict transfer pupil to the extent that the school district otherwise provides transportation assistance to pupils.

This bill would repeal those provisions on July 1, 2020, and as of that date would require a school district of choice, upon request of a pupil’s parent or guardian, to provide free transportation assistance to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice in accordance with specified requirements.

(7)Existing law makes the provisions authorizing interdistrict transfers inoperative on July 1, 2017, and repeals them on January 1, 2018.

This bill would instead make the provisions inoperative on July 1, 2022, and would repeal them on January 1, 2023.

(8)This bill would declare that it is to take effect immediately as an urgency statute.

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 44268.2 is added to the Education Code, to read:

44268.2.
 (a) The commission shall develop a services credential with a specialization in occupational therapy and physical therapy services. The minimum requirements for the services credential with a specialization in occupational therapy and physical therapy services shall include all of the following:
(1) A baccalaureate degree or higher degree from an institution approved by the commission.
(2) A fifth year, or its equivalent, of college or university education.
(3) Such specialized and professional preparation as the commission may require.
(b) Nothing in this section shall be construed to require a person to hold a credential to perform occupational therapy or physical therapy services in the public schools.

SEC. 2.

 Section 44270 of the Education Code is amended to read:

44270.
 (a) The minimum requirements for the preliminary services credential with a specialization in administrative services are all of the following:
(1) Possession of one of the following:
(A) A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching.
(B) A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses a baccalaureate degree.
(C) A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, or occupational therapy and physical therapy services, as specified in Section 44266, 44267, 44267.5, or 44268, or 44268.2, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269.
(D) A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C).
(2) Completion of a minimum of three years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status or three years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services.
(3) Completion of an entry-level program of specialized and professional preparation in administrative services approved by the commission or a one-year internship in a program of supervised training in administrative services, approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services.
(4) Current employment in an administrative position after completion of professional preparation as defined in paragraph (3), whether full or part time, in a public school or private school of equivalent status. The commission shall encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment.
(b) The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable.
(c) A candidate who completed, by September 30, 1984, the requirements for the administrative services credential in effect on June 30, 1982, is eligible for the credential authorized under those requirements. All other candidates shall satisfy the requirements set forth in this section.

SECTION 1.

It is the intent of the Legislature to do all of the following:

(a)To increase access for all pupils to the school district of choice program by requiring some transportation assistance to pupils eligible for free or reduced-price meals, with the understanding that the cost of providing this assistance reduces resources available for other programs designed to benefit these same pupils. Consequently, this required transportation assistance shall be capped at a maximum school district expenditure per pupil.

(b)To cap required transportation assistance at a maximum school district expenditure per pupil.

SEC. 2.Section 48301 of the Education Code is amended to read:
48301.

(a)The governing board of any school district may accept interdistrict transfers. A school district that receives an application for attendance under this article is not required to admit pupils to its schools. If, however, the governing board of a school district elects to accept transfers as authorized under this article, it may, by resolution, elect to accept transfer pupils, determine and adopt the number of transfers it is willing to accept under this article, and ensure that pupils admitted under the policy are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based upon his or her academic or athletic performance. Any pupil accepted for transfer shall be deemed to have fulfilled the requirements of Section 48204. If the number of transfer applications exceeds the number of transfers the governing board of a school district elects to accept under this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district.

(b)Either the pupil’s school district of residence, upon notification of the pupil’s acceptance to the school district of choice pursuant to subdivision (c) of Section 48308, or the school district of choice may prohibit the transfer of a pupil under this article or limit the number of pupils so transferred if the governing board of the school district determines that the transfer would negatively impact any of the following:

(1)The court-ordered desegregation plan of the school district.

(2)The voluntary desegregation plan of the school district.

(3)The racial and ethnic balance of the school district.

(c)The school district of residence may not adopt policies that in any way block or discourage pupils from applying for transfer to another school district.

(d)Communications to parents or guardians by school districts electing to enroll pupils under the choice options provided by this article shall comply with both of the following:

(1)Be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a child’s actual or perceived academic or athletic performance or any other personal characteristic.

(2)Be designed to maximize participation by pupils who meet the criteria specified in subdivision (b) of Section 42238.02, including translating communications into non-English languages identified pursuant to Section 48985 within all adjacent school districts, including communications on a school district of choice’s Internet Web site.

(e)A school district of choice, at its expense, shall ensure that the auditor who conducts the annual audit pursuant to Section 41020, at the same time that he or she is conducting that annual audit, reviews compliance with the provisions in this section regarding a random, unbiased selection process and appropriate communications. The compliance review specified in this subdivision is not subject to the requirements in subdivision (d) of Section 41020. The school district of choice shall notify the auditor regarding this compliance review specified in this subdivision before the commencement of the annual audit, and shall notify the auditors of any assertions by third parties of noncompliance with this article, including any allegations of nonrandom, biased admission practices. The governing board of the school district of choice shall include a summary of audit exceptions, if any, resulting from the compliance review conducted pursuant to this subdivision in the report it provides pursuant to subdivision (b) of Section 48313.

(f)A school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent to a school in any school district, if the school district to which the parent of the pupil applies approves the application for transfer.

SEC. 3.Section 48306 of the Education Code is amended to read:
48306.

(a)A school district of choice shall give first priority for attendance to siblings of children already in attendance in that district.

(b)A school district of choice shall give second priority for attendance to pupils who meet the criteria specified in subdivision (b) of Section 42238.02.

(c)A school district of choice may give priority for attendance to children of military personnel.

SEC. 4.Section 48307 of the Education Code is amended to read:
48307.

(a)Once a school district of residence with an average daily attendance greater than 50,000 has received notification from a school district of choice that a number of pupils that the school district of residence calculates to be equal to 1 percent of its current year estimated average daily attendance have been accepted into that school district of choice for the following school year, the governing board of the school district of residence may, by adopting a resolution at a public meeting, restrict any additional pupils from transferring to the school district of choice for the upcoming school year.

(b)Once a school district of residence with an average daily attendance of 50,000 or less has been notified from a school district of choice that a number of pupils that the school district of residence calculates to be equal to 3 percent of its current year estimated average daily attendance have been accepted into that school district of choice for the following school year, the governing board of the school district of residence may, by adopting a resolution in a public meeting, restrict any additional pupils from transferring to that school district of choice for the upcoming school year.

(c)A school district of residence with an average daily attendance of 50,000 or less may limit the total number of pupils enrolled in all school districts of choice at any given time to 10 percent of the school district of residence’s average daily attendance at that point in time. A school district of residence shall authorize additional pupils to participate in the program authorized by this article as current program participants leave or graduate provided that the total number of pupils does not exceed the school district’s 10 percent cap.

(d)A school district of residence that has a negative status or qualified status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year.

(e)Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, only if the county superintendent of schools determines that the school district of residence would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the school district of residence may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent of schools identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article.

(f)If a school district of residence limits the number of pupils who transfer out of the district pursuant to subdivision (d) or (e), pupils who have already been enrolled or notified of eligibility for enrollment, including through the random, public selection process before the action by the school district of residence to limit transfers shall be permitted to attend the school district of choice.

(g)Notwithstanding any other provision of this article, a pupil attending a school district of choice or a pupil who received a notice of eligibility to enroll in a school district of choice, including a pupil selected by means of a random selection process conducted on or before June 30, 2009, pursuant to this article, as it read on June 30, 2009, shall be permitted to attend the school district of choice.

SEC. 5.Section 48311 of the Education Code is amended to read:
48311.

(a)Upon request of the pupil’s parent or guardian, each school district of choice that admits a pupil under this section to any school or program of the district may provide to the pupil transportation assistance within the boundaries of the district to that school or program, to the extent that the district otherwise provides transportation assistance to pupils.

(b)This section shall remain in effect only until July 1, 2020, and as of that date is repealed.

SEC. 6.Section 48311 is added to the Education Code, to read:
48311.

(a)Upon request of the pupil’s parent or guardian, a school district of choice shall provide free transportation assistance to the school or program to a pupil who is eligible for free or reduced-price meals and has transferred to a school district of choice.

(b)The transportation assistance required under subdivision (a) shall not exceed in cost one-half of the amount of “supplemental grant” funding received by the school district of choice for each pupil requesting transportation assistance.

(c)(1)A school district of choice may request a waiver from the state board from the requirement in subdivision (a) upon the state board’s finding that the cost of providing transportation assistance leads to cuts in compensatory educational programs that outweigh the benefits in increased accessibility provided by the transportation assistance.

(2)For purposes of this subdivision, “supplemental grant” means a grant received pursuant to subdivision (e) of Section 42238.03.

(d)A school district of choice may provide transportation assistance to any pupil admitted under this article.

(e)A school district of choice shall not charge any fees for transportation required by this section.

(f)This section shall become operative on July 1, 2020.

SEC. 7.Section 48315 of the Education Code is amended to read:
48315.

This article shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 8.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to continue services provided to pupils under the school district of choice program without interruption, it is necessary that this act take effect at the earliest possible time.