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AB-3048 Teachers: teacher assignment monitoring.(2017-2018)

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Date Published: 05/02/2018 09:00 PM
AB3048:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2018
Amended  IN  Assembly  April 17, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3048


Introduced by Assembly Member Irwin

February 16, 2018


An act to amend Sections 44225.6 and 44230.5 of, and to repeal and add Section 44258.9 of, the Education Code, relating to teachers.


LEGISLATIVE COUNSEL'S DIGEST


AB 3048, as amended, Irwin. Teachers: teacher assignment monitoring.
(1) Existing law establishes the Commission on Teacher Credentialing to issue teaching and services credentials, and to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to report to the Legislature and the Governor on the availability of teachers in California, including specified information, by April 15 of each year.
This bill would make adjustments in the data required to be reported by the commission for this report. The bill would also require the commission to periodically provide reports and recommendations to the Legislature regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the state’s teacher workforce. The bill would require these reports to be made publicly available on the commission’s Internet Web site.
(2) Existing law requires the Commission on Teacher Credentialing to establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools.
This bill would authorize the identification number established pursuant to this provision to be used for purposes of sharing data with local educational agencies and the State Department of Education to satisfy specified reporting requirements. The bill would also authorize the identification number to be used to disclose data pursuant to a provision relating to scientific research conducted by the University of California, a nonprofit educational entity, or, in the case of education-related data, another nonprofit entity, provided that the request for information is approved as specified.
(3) Existing law requires county superintendents of schools to monitor and review teacher assignments for purposes of ensuring that the rate of teacher misassignment remains low. This provision requires county superintendents of schools to submit annual reports to the Commission on Teacher Credentialing, and authorizes the commission to establish reasonable sanctions for the misassignment of credential holders.
This bill would revise and recast this provision, providing, among other things, more authority and responsibility to the commission in collecting data relating to potential and actual teacher misassignments. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the certificated administrator responsible for the assignment within 30 days of final notification by the commission. The bill would also apply this provision to charter schools. Because applying this provision to charter schools imposes new duties on charter schools and local educational agencies serving as chartering authorities, the bill would impose a state-mandated local program.
The bill would require a determination submitted to the commission and county office of education under this provision to be certified under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would require potential misassignments that cannot be verified as legally authorized to be corrected by the administrator responsible for the assignment within 30 days of final notification by the commission. The bill would prohibit adverse action from being taken against an affected certificated person who files a notification of misassignment with the county superintendent of schools, or in the case of a charter school, the chartering authority, and, if a misassignment is determined to have taken place, the bill would nullify any performance evaluation of the employee in any subject to which the employee was misassigned. Because this provision would create new duties for a county office of education when a certificated employee files a notification of misassignment, this provision would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 44225.6 of the Education Code is amended to read:

44225.6.
 (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include the following information:
(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(2) The number of individuals recommended by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.
(4) The number of individuals receiving an emergency permit or credential waiver.
(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to paragraph (1) of subdivision (d) of Section 44253.11.
(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:
(A) University internship.
(B) District internship.
(C) Emergency permit.
(D) Credential waiver.
(E) Preliminary or clear credential.
(F) An authorization issued pursuant to Section 44253.3.
(G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.
(H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may utilize data from the department’s Annual Language Census Survey to report the data required pursuant to this paragraph.
(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.
(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commission’s Internet Web site.
(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:
(1) The University of California system.
(2) The California State University system.
(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.
(4) Other institutions that offer teacher preparation programs approved by the commission.
(d) For purposes of this section, “authorization” has the same meaning as defined in subdivision (d) of Section 44203.
(e) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the state’s teacher workforce. These reports shall be made publicly available on the commission’s Internet Web site. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9 for these purposes.

SEC. 2.

 Section 44230.5 of the Education Code is amended to read:

44230.5.
 The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The identification number established pursuant to this section shall be used for purposes of sharing data with local educational agencies and the department to satisfy the reporting requirements of Sections 44225.6 and 44258.9. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.

SEC. 3.

 Section 44258.9 of the Education Code is repealed.

SEC. 4.

 Section 44258.9 is added to the Education Code, to read:

44258.9.
 (a) (1) The Legislature finds that continued monitoring of teaching assignments by the commission to ensure that local educational agencies are in compliance with the requirements outlined in Section 35035 35035, subdivision (l) of Section 47605, subdivision (l) of Section 47605.6, and subdivision (a) of Section 47605.8 will ensure that the rate of teacher misassignment remains low. To that end, and with funds provided for that purpose, the commission, the department, and county offices of education are authorized to perform the duties specified in this section, beginning with the 2019–20 school year unless otherwise stated.
(2) For the purposes of this section, the following terms have the following meanings:
(A) “Local educational agency” means a school district, county office of education, or charter school.

(A)

(B) “Misassignment” means the placement of a certificated educator educator, which has the same meaning as certificated person, as defined in Section 44006, in a teaching or services position for which the employee certificated educator does not hold a legally recognized credential, as defined in Section 44002, with the appropriate authorization; or authorization, the placement of a certificated person, as defined in Section 44006, educator in a teaching or services position that the employee educator certificated educator is not otherwise authorized by statute to hold; hold, or a vacant teacher position as defined in subparagraph (B).

(B)

(C) “Vacant teacher position” means a position to which a single-designated certificated employee educator has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single-designated certificated employee educator has not been assigned at the beginning of a semester for an entire semester.
(3) Notwithstanding any other law, for charter schools authorized by the state board pursuant to paragraph (1) of subdivision (j) of Section 47605 and subdivision (a) of Section 47605.8, the requirements placed on the chartering authority of a charter school by this section shall be fulfilled by the commission.
(b) (1) The commission and the department shall enter into a data-sharing agreement to provide the commission with educator assignment data necessary to annually monitor and review schools, school districts, and county offices of education all local educational agencies and identify misassignments. The data-sharing agreement shall require the commission to make teacher assignment data available to the department to support federally required reporting and state-required review of district performance as it relates to the multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52060) of Chapter 6.1 of Part 28 of Division 4.
(2) (A) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not be used, either solely or in conjunction with data from the California Longitudinal Pupil Achievement Data System, for purposes of pay, promotion, sanction, or personnel evaluation of an individual teacher or groups of teachers, or of any other employment decisions related to individual teachers other than for determinations that a teacher is not properly assigned.
(B) Data shared pursuant to the data-sharing agreement described in paragraph (1) shall not include the names, social security numbers, home addresses, telephone numbers, or email addresses email addresses, or other personal electronic accounts of individual teachers.
(3) The commission shall collaborate with county offices of education and local education other local educational agencies to develop, test, and implement a statewide Teacher Assignment Monitoring Data System. The commission shall annually engage interested stakeholders, including, but not limited to, the department, county offices of education, and local education other local educational agencies in discussions about the functionality, performance, and impacts of the data system. Based on these discussions, the commission shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, within five years of the implementation of the data system that includes, but is not limited to, recommendations for potential improvements in the functionality, performance, and impacts of the data system.
(4) Each county superintendent of schools shall annually monitor and review all certificated educator misassignments identified pursuant to paragraph (1). Notwithstanding any other law, annual monitoring and review of assignments at charter schools shall be performed by each charter school’s chartering authority, in collaboration with the county superintendent of schools, on the basis of the requirements of subdivision (l) of Section 47605, subdivision (l) of Section 47605.6, and subdivision (a) of Section 47605.8, except as provided in paragraph (3) of subdivision (a).
(5) Each county superintendent of schools shall assist local educational agencies school districts and county offices of education, and each chartering authority shall assist its charter schools, that meet either of the following:
(A) Have demonstrated recurring problems with teacher misassignments and teacher vacancies.
(B) Are currently under review through a federal intervention program, have requested assistance through the statewide system of support, or are receiving assistance through the statewide system of support.
(c) Beginning with the 2019–20 school year, the commission shall annually verify that schools, school districts, and county offices of education all local educational agencies that have educators serving in assignments requiring a credential, as defined in Section 44002, authorizing services pursuant to Section 44253.3, 44253.4, or 44253.7 or training pursuant to Section 44253.10 hold the appropriate authorization for the instructional services provided. For charter schools, this verification shall be performed on the basis of the requirements of subdivision (l) of Section 47605, subdivision (l) of Section 47605.6, and subdivision (a) of Section 47605.8.
(d) (1) When a potential misassignment has been identified by the commission, the local educational agency school district or county office of education responsible for the assignment, and the county office of education if the only local educational agency responsible for the assignment is a school district, or in the case of a charter school, the chartering authority, shall be notified and provided an opportunity to review the assignment and determine whether the educator is otherwise legally authorized for the assignment. If the commission, or the commission and county office of education if the only local educational agency responsible for the assignment is a school district, or in the case of a charter school, the chartering authority, does not receive a response within 30 days of the notification, the assignment shall be included in the commission’s annual reporting for that year as a misassignment as defined in subparagraph (A) of paragraph (2) of subdivision (a). To be considered valid, a determination submitted to the commission and the county office of education education, or in the case of a charter school, the chartering authority, shall be certified under penalty of perjury, and is subject to verification by the county office of education or and the commission.
(2) If a potential misassignment cannot be verified as legally authorized, the certificated administrator administrator, or in the case of a charter school, the administrator, responsible for the assignment shall correct the misassignment within 30 days of final notification by the commission and shall report the correction method to the county office of education. education, or in the case of a charter school, to the chartering authority. A potential misassignment that is not identified as otherwise legally authorized or that is not corrected within the 30-day timeframe shall be reported as a misassignment to the commission by the county of education by a date specified, by regulation, by the commission. office of education, or in the case of a charter school, by the chartering authority.
(3) The county office of education shall collect data on the number of vacant teacher positions in each school district positions, as defined in subparagraph (B) of paragraph (2) of subdivision (a), in each school district and each charter school, as well as the number of complaints concerning vacancies and misassignments pursuant to Section 35186, and report that data to the commission by the date specified by the commission pursuant to paragraph (2). commission.
(4) A county in which there is a single school district, including, but not necessarily limited to, the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and, notwithstanding any other law, a charter school authorized by the state board pursuant to Section 47605.8 or approved on appeal pursuant to paragraph (1) of subdivision (j) of Section 47605, shall report its determination review and determination of potential misassignments identified within the Teacher Assignment Monitoring Data System regarding otherwise legally authorized assignments and correction methods for identified misassignments directly to the commission for review. review and final determination of misassignments.
(e) The commission shall annually publish and retain final misassignment data in a searchable, publicly available format. The commission shall also submit biennial reports to the Legislature, in compliance with Section 9795 of the Government Code, concerning teacher assignments and misassignments that shall include the results of all assignment monitoring and reviews. The commission may, but is not required to, publish statewide misassignment data for the 2019–20 school year.
(f) (1) A local education agency or county office of education educational agency that is identified as having one or more misassignments in a school year shall develop a plan to be submitted to the county office of education and the commission, or in the case of a charter school, the chartering authority and the commission, through the Teacher Assignment Monitoring Data System to ensure that such misassignments do not reoccur the following school year.
(2) The commission or commission, the county office of education education, or, in the case of a charter school, the chartering authority may identify and report schools and school districts that have demonstrated recurring problems with teacher misassignments and teacher vacancies, as defined in subparagraphs (A) and (B) of paragraph (2) of subdivision (a).
(g) The Legislature may hold, within a reasonable period after receipt of a pertinent report, a public hearing on pupil access to educators and on related statutory provisions. The Legislature may also assign one or more of the standing committees, or a joint committee, to determine any of the following:
(1) The effectiveness of the reviews required pursuant to this section.
(2) The extent, if any, of vacancies and misassignments, as defined in paragraph (2) of subdivision (a).
(3) The need, if any, to assist schools to eliminate vacancies and misassignments.
(h) The commission may establish reasonable sanctions for the misassignment of credential holders. Before the implementation of any regulations establishing sanctions, the commission shall engage in a variety of activities designed to inform local educational agency administrators and teachers, and personnel within the offices of county superintendents of schools, of the regulations and statutes affecting the assignment of certificated personnel.

(h)

(i) (1) Consistent with the California state plan addressing the federal Elementary and Secondary Education Act, Act of 1965, (20 U.S.C. Sec. 6301 et seq.), the commission and the department shall engage in a variety of activities designed to inform school administrators, teachers, local educational agency administrators and teachers, and personnel within county offices of education education, of the regulations and statutes affecting the assignment of certificated personnel for the purposes of technical assistance provided pursuant to Sections 52071 and 52072.
(2) A certificated person person, including a certificated person who is employed by a charter school, who is required by an administrative superior to accept an assignment for which he or she has no legal authorization, after exhausting existing local remedies, shall notify, in writing, the county superintendent of schools schools, or in the case of a charter school, the chartering authority, of the illegal assignment. The county superintendent of schools schools, or in the case of a charter school, the chartering authority, shall, within 15 working days, advise the affected certificated person concerning the legality of his or her assignment. There shall be no adverse action taken against a certificated person who files a notification of misassignment with the county superintendent of schools. schools, or in the case of a charter school, the chartering authority. During the period of the misassignment, the certificated person who files a written notification with the county superintendent of schools schools, or in the case of a charter school, the chartering authority, shall be exempt from Section 45034. If it is determined that a misassignment has taken place, any performance evaluation of the certificated employee under Article 11 (commencing with Section 44660) of Chapter 3 in any subject to which the employee has been misassigned shall be nullified. Notwithstanding any other law, for purposes of a charter school authorized by the state board pursuant to Section 47605.8 or paragraph (1) of subdivision (j) of Section 47605, the certificated person shall file any written notifications regarding misassignment with the commission.

(i)

(j) When reporting a misassignment in a local control and accountability plan as described in paragraph (1) of subdivision (d) of Section 52060 or a school accountability report card as described in Section 33126, and as required by Section 47604.33, the governing board of a school district or a charter school shall use the most recent data provided by the commission pursuant to paragraph (1) of subdivision (d) of this section. (d).

(j)

(k) (1) The Superintendent may submit a report to the Legislature on school districts and districts, county offices of education education, and charter schools that are not meeting state priority one of the local control accountability plans required pursuant to Sections 52060 and 52066, 52060, 52066, and 47606.5, respectively.
(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.