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SB-614 Teacher credentialing: reading instruction.(2019-2020)

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Date Published: 06/18/2019 09:00 PM
SB614:v95#DOCUMENT

Amended  IN  Assembly  June 18, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  April 11, 2019
Amended  IN  Senate  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 614


Introduced by Senator Rubio

February 22, 2019


An act to amend Section 8492 of, and to add Section 8492.5 to, Sections 44252.6, 44259, 44283, and 44468 of, and to repeal Sections 44268.5 and 44283.2 of, the Education Code, relating to childcare. teacher credentialing.


LEGISLATIVE COUNSEL'S DIGEST


SB 614, as amended, Rubio. Early childhood education: county offices of education: grant program. Teacher credentialing: reading instruction.
Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to develop, adopt, and administer a reading instruction competence assessment consisting of one or more instruments to measure an individual’s knowledge, skill, and ability relative to effective reading instruction, as provided. Existing law requires the requirements for the issuance of the preliminary multiple subject teaching credential to include successful passage of one of specified components of the reading instruction competence assessment.
This bill would repeal those requirements, and other requirements relating to the reading instruction competence assessment, and would provide that the reading instruction competence assessment is not required for the issuance of a teaching credential.
Existing law includes as a minimum requirement for the preliminary multiple or single subject teaching credential the study of alternative methods of developing English language skills, including the study of reading, among all pupils, including those for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. Existing law provides that the study of reading includes the satisfactory completion of comprehensive reading instruction that is research based and that includes certain components.
This bill would revise those provisions to require that the study of alternative methods of developing English language skills to also be in accordance with current expectations and requirements for credential candidates. The bill would repeal the provisions requiring the study of reading to include certain components.

The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age. Existing law establishes the Inclusive Early Education Expansion Program for the purpose of increasing access to inclusive early care and education programs. The program requires the department to award grants to local educational agencies, as defined, on a competitive basis, and requires the department’s Special Education Division and Early Education and Support Division to work collaboratively to administer the program. The program requires a grant to be used for one-time infrastructure costs only.

This bill would, contingent upon an appropriation by the Legislature for these purposes, establish the Inclusive Early Childhood Education Grant Program for the purpose of increasing access to early childhood education programs. The bill would require the department’s Special Education Division and Early Learning and Care Division, in consultation and coordination with the State Department of Developmental Services, to administer the program, including developing criteria for proposals, selecting grantees, and collecting specified data. The bill would require an applicant to be a county office of education and to include specified information in its grant application. The bill would require grants to be awarded on a competitive basis, with priority given to applicants that meet any of specified criteria. The bill would require grants to be used only for outreach coordinators, placement navigators, coordination and provision of resources, adaptive equipment, professional development, assessment or evaluation of tools and licenses, training for parents, and certain specialists. The bill would require the department to create an evaluation plan for county offices of education that receive grants, as provided. The bill would delay implementation of these provisions until June 30, 2020.

The bill would also make changes to the findings and declarations for the Inclusive Early Education Expansion Program and nonsubstantive changes to other provisions of that program.

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

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


SECTION 1.

 Section 44252.6 of the Education Code is amended to read:

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)

(c) 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.

SEC. 2.

 Section 44259 of the Education Code is amended to read:

44259.
 (a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of subdivision (b), each a program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation.
(b) The minimum requirements for the preliminary multiple or single subject teaching credential are all of the following:
(1) A baccalaureate degree or higher degree from a regionally accredited institution of postsecondary education. Except as provided in subparagraph (B) of paragraph (1) of subdivision (a) of Section 44225 and subdivision (c) of Section 44227, the baccalaureate degree shall not be in professional education. The commission shall encourage accredited institutions to offer undergraduate minors in education and special education to students who intend to become single subject credentialed teachers.
(2) Passage of the state basic skills proficiency test that is developed and administered by the commission pursuant to Section 44252.5.
(3) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, each a program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that each a candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board pursuant to Section 60605. Programs that meet this requirement for professional preparation shall include any of the following:
(A) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1.
(B) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1.
(C) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3.
(D) Degree programs offered pursuant to Article 5 (commencing with Section 78060) of Chapter 1 of Part 48 of Division 7 of Title 3.
(4) Study of alternative methods of developing English language skills, including the study of reading as described in subparagraphs (A) and (B), reading, among all pupils, including those pupils for whom English is a second language, in accordance with the commission’s standards of program quality and effectiveness. The study of reading shall meet the following requirements: effectiveness, and current expectations and requirements for credential candidates.

(A)Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following:

(i)The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills.

(ii)A strong literature, language, and comprehension component with a balance of oral and written language.

(iii)Ongoing diagnostic techniques that inform teaching and assessment.

(iv)Early intervention techniques.

(v)Guided practice in a clinical setting.

(B)For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A).

A program for the multiple subjects credential also shall include the study of integrated methods of teaching language arts.

(5) Completion of a subject matter program that has been approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.
(6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335.
(7) Commencing January 1, 2000, demonstration, Demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following:
(A) Successful completion of a commission-approved program or course.
(B) Successful passage of an assessment that is developed, approved, and administered by the commission.
(c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements:
(1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission.
(2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including one of the following:
(A) A program of beginning teacher support and assessment approved by the commission and the Superintendent pursuant to Section 44279.1, a provision of the Marian Bergeson Beginning Teacher Support and Assessment System. 44279.1.
(B) An alternative program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission and the Superintendent on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission, the Superintendent, and the state board pursuant to this subdivision. The standards for alternative programs shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. An alternative program of beginning teacher induction that has met state standards pursuant to this subdivision may apply for state funding pursuant to Sections 44279.1 and 44279.2.
(C) An alternative program of beginning teacher induction that is sponsored by a regionally accredited college or university, in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each a beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board pursuant to Section 60605.
(3) (A) If a candidate satisfies the requirements of subdivision (b), including completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2).
(B) If an approved induction program is verified as unavailable to a beginning teacher, or if the beginning teacher is required under the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) to complete subject matter coursework to be qualified for a teaching assignment, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph.
(4) Experience that includes the application of knowledge and skills previously acquired in a preliminary credential program, in accordance with commission standards, that addresses the following:
(A) Health education, including study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross.
(B) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs.
(C) Advanced computer-based technology, including the uses of technology in educational settings.
(d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (c), starting in professional preparation and continuing through induction.
(e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service.
(f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission.
(g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision.
(h) Subparagraphs (A) and (B) of paragraph Paragraph (4) of subdivision (b) do does not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) be applied apply only to persons who enter a program of professional preparation on or after January 1, 1997.

SEC. 3.

 Section 44268.5 of the Education Code is repealed.
44268.5.

(a)A teacher who does not hold a specialist credential to teach pupils with mild to moderate disabilities in a special day class setting may teach in a special day class setting that consists of pupils with mild to moderate disabilities if the teacher consents to the assignment and meets all of the following conditions:

(1)The teacher has been teaching in a special day class setting for a minimum of 10 years, as of January 1, 2000.

(2)The teacher holds one of the following:

(A)A services credential with a specialization in clinical or rehabilitative services with special class authorization.

(B)A Standard Teaching Credential with the Minor - Speech and Hearing Handicapped.

(C)A Restricted Special Education Credential - Speech and Hearing Therapy.

(D)A Limited Specialized Preparation Credential - Speech and Hearing Handicapped.

(E)A Special Secondary Credential - Correction of Speech Defects.

(F)An Exceptional Children Credential - Speech Correction and Lip Reading.

(3)Concurrently with the teaching assignment, the teacher annually completes 6 units or the equivalent thereof of professional development in core subjects.

(4)The teacher passes the reading instruction competence assessment administered by the commission pursuant to Section 44283 within one year of the beginning of the school year. Passage of the assessment shall be considered evidence of the teacher’s competence in reading instruction.

(b)This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date.

SEC. 4.

 Section 44283 of the Education Code is amended to read:

44283.
 (a) The Legislature hereby recognizes that teacher competence in reading instruction and literacy is essential to the progress and achievement of pupils learning to read in elementary and secondary schools. It is the intent of the Legislature that the commission develop a reading instruction competence assessment to measure the knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state who will be responsible for reading instruction. ensure that all applicants for multiple subject, single subject, and specialist instruction teaching credentials are prepared to teach reading and literacy within the scope of their certification.

(b)The commission shall develop, adopt, and administer a reading instruction competence assessment consisting of one or more instruments to measure an individual’s knowledge, skill, and ability relative to effective reading instruction. The reading instruction competence assessment shall measure the knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state that the commission determines to be essential to reading instruction and shall be consistent with the state’s reading curriculum framework adopted after July 1, 1996, and the Reading Program Advisory published by the State Department of Education in 1996. The commission shall perform the following duties with respect to the reading instruction competence assessment:

(1)Develop, adopt, and administer the assessment.

(2)Initially and periodically analyze the validity and reliability of the content of the assessment.

(3)Establish and implement appropriate passing scores on the assessment.

(4)Analyze possible sources of bias on the assessment.

(5)Collect and analyze background information provided by first-time credential applicants who are not credentialed in any state who participate in the assessment.

(6)Report and interpret individual and aggregated assessment results.

(7)Convene a task force to advise the commission on the design, content, and administration of the assessment. Not less than one-third of the members of the task force shall be classroom teachers with recent experience in teaching reading in the early elementary grades.

(8)Prior to requiring successful passage of the assessment for the preliminary multiple subject teaching credential, certify that all of the teacher education programs approved by the commission pursuant to Section 44227 offer instruction in the knowledge, skills, and abilities required by the assessment.

(c)Commencing on the earliest feasible date, as determined by the commission, the requirements for issuance of the preliminary multiple subject teaching credential, as set forth in subdivision (b) of Section 44259, shall include successful passage of one of the following components of the reading instruction competence assessment:

(1)A comprehensive examination of the knowledge and skill pertaining to effective reading instruction of the credential applicant.

(2)An authentic assessment of teaching skills and classroom abilities of the credential applicant pertaining to the provision of effective reading instruction.

(d)The reading instruction competence assessment is subject to the provisions of Sections 44235.1 and 44298.

(b) Notwithstanding any other law, passage of the reading instruction competence assessment developed by the commission pursuant to this section, as it read on January 1, 2019, shall not be required for the issuance of a teaching credential.

SEC. 5.

 Section 44283.2 of the Education Code is repealed.
44283.2.

(a)Commencing on January 1, 2000, prior to the initial issuance of a specialist teaching credential in special education pursuant to Section 44265, except as provided in subdivision (b) a first time credential applicant who is not credentialed in any state shall be required to demonstrate that he or she passed the reading instruction competence assessment developed pursuant to Section 44283.

(b)This section shall not apply to an applicant for an Early Childhood Special Education Certificate or Early Childhood Special Education Credential, which authorizes the holder to provide educational services to children from birth through prekindergarten who are eligible for early intervention special education and related services.

SEC. 6.

 Section 44468 of the Education Code is amended to read:

44468.
 (a) An internship program, established pursuant to Article 7.5 (commencing with Section 44325) of Chapter 2 or this article, that is accredited by the commission shall provide interns who meet entrance criteria and are accepted to a multiple subject teaching credential program, a single subject teaching credential program, or a level 1 education specialist credential program that provides instruction to individuals with mild to moderate disabilities, the opportunity to choose an early program completion option, culminating in a five-year preliminary teaching credential. The early program completion option shall be made available to interns who meet the following requirements:
(1) Pass a written assessment that assesses knowledge of teaching foundations, is adopted for this purpose by the commission, and includes all of the following:
(A) Human development as it relates to teaching and learning aligned with the state content and performance standards for pupils adopted pursuant to subdivision (a) of Section 60605.
(B) Techniques to address learning differences including working with pupils with special needs.
(C) Techniques to address working with English learners to provide access to the curriculum.
(D) Reading instruction as set forth in paragraph (4) of subdivision (b) of Section 44259.
(E) The assessment of pupil progress based upon the state content and performance standards for pupils adopted pursuant to subdivision (a) of Section 60605 and planning intervention based on the assessment.
(F) Classroom management techniques.
(G) Methods of teaching the subject fields.
(2) Pass the teaching performance assessment as set forth in Section 44320.2.
(A) An intern participating in the early completion option may take the teaching performance assessment only one time as part of the early completion option. An intern who takes the teaching performance assessment but is not successful may complete his or her the internship program. Scores on this assessment shall be used by the internship programs program in providing the individualized professional development plan for interns that emphasizes preparation in areas where additional growth is warranted and waiving preparation in areas where the candidate has demonstrated competence. The intern must retake and pass the teaching performance assessment at the end of the internship in order to be considered for recommendation by the internship program to the commission.
(B) Pending implementation of the teaching performance assessment, an internship program shall provide for early recommendation of an intern for a preliminary multiple subject teaching credential, single subject teaching credential, or level 1 education specialist credential that authorizes instruction to individuals with mild to moderate disabilities, based upon demonstrated competence of the field experience component of the internship program.

(3)Pass the reading instruction competence assessment described in Section 44283, unless the written assessment adopted by the commission pursuant to paragraph (1) is validated as covering content equivalent to the reading assessment.

(4)

(3) Meet the requirements for teacher fitness as set forth in Sections 44339, 44340, and 44341.
(b) An intern who chooses the early completion option must first pass the assessment required pursuant to paragraph (1) of subdivision (a) in order to qualify to take the teaching performance assessment required pursuant to paragraph (2) of subdivision (a). Individuals who have passed the written assessment may receive individualized support within the cohort group of like individuals in preparation for the teaching performance assessment.
(c) An intern who challenges the teacher preparation coursework by taking the assessment described in paragraph (1) of subdivision (a), but is not successful in passing the assessment, may complete his or her the full internship program. Scores on this assessment shall be used by the internship program in providing the individualized professional development plan for interns that emphasizes preparation in areas where additional growth is warranted and waiving preparation areas where the intern has demonstrated competence.
(d) An intern who passes the assessments described in subdivision (a) and is recommended by the internship program to the commission is eligible for a five-year preliminary multiple subject teaching credential, single subject teaching credential, or level 1 education specialist credential that authorizes instruction to individuals with mild to moderate disabilities.
(e) The commission shall issue a professional clear multiple or single subject teaching credential to an applicant whose employing public school district documents, in a manner prescribed by the commission, that he or she the applicant has fulfilled the following requirements:
(1) Holds a preliminary five-year teaching credential issued by the commission.
(2) Completes one of the following in accordance with the determination of the employing public school district based upon the experience and individual needs of the applicant:
(A) A program of beginning teacher support and assessment established pursuant to Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 24, 2, including the California formative assessment and support system for teachers.
(B) An alternative program of beginning teacher induction that the commission determines, in conjunction with the Superintendent of Public Instruction, Superintendent, meets state standards for teacher induction and includes the California formative assessment and support system for teachers or an alternative assessment deemed to meet the standards.
(3) As an alternative to the requirements in paragraph (2), an applicant may choose to complete the California formative assessment and support system for teachers or the equivalent at a faster pace as determined by the Beginning Teacher Support and Assessment System program. program of beginning teacher support and assessment established pursuant to Article 4.5 (commencing with Section 44279.1) of Chapter 2.

SECTION 1.Section 8492 of the Education Code is amended to read:
8492.

(a)The Legislature finds and declares all of the following:

(1)Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child and their families, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and positive developmental, social, and attitudinal outcomes. The defining features of inclusion that can be used to identify high-quality early childhood programs and services are access, participation, and supports.

(2)In accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), all young children with exceptional needs should have access to inclusive high-quality early childhood education programs where they are able to learn alongside children who do not have exceptional needs and are provided with individualized and appropriate supports to enable them to meet high expectations.

(3)Inclusive early childhood education programs can improve a child’s developmental progress and educational outcomes, especially for children with exceptional needs.

(4)Interventions provided to children with exceptional needs, including children who are at risk of requiring services as pupils with exceptional needs, can be more effective when a child is younger.

(5)Access to inclusive early childhood education programs benefits communities and families, especially when programs are coordinated with identified early intervention services and supports.

(b)The Inclusive Early Education Expansion Program is hereby established for the purpose of increasing access to inclusive early childhood education programs.

(c)The sum of one hundred sixty-seven million two hundred forty-two thousand dollars ($167,242,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2023.

(d)The department’s Special Education Division and Early Education and Support Division shall work collaboratively to administer the program, including developing criteria for the selection of grantees.

(e)At a minimum, an applicant shall be a local educational agency and shall include all of the following information in its grant application:

(1)A proposal to increase access to subsidized inclusive early childhood education programs for children up to five years of age, including those defined as “children with exceptional needs” pursuant to Section 8208, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs.

(2)A plan to fiscally sustain subsidized spaces or programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability.

(3)The identification of local resources to contribute 33 percent of the total award amount. The total award amount shall include state and local resources. Local resources may include in-kind contributions.

(4)The identification of resources necessary to support lead agency professional development to allow staff to develop the knowledge and skills required to implement effective inclusive practices and fiscal sustainability.

(5)A description of the special education expertise that will be used to ensure the funds are used in a high-quality, inclusive manner.

(f)This section does not prohibit a local educational agency from applying on behalf of a consortium of providers within the local educational agency’s program area, including public and private agencies that will provide inclusive early childhood education programs on behalf of the applicant.

(g)Grants shall be awarded on a competitive basis. Priority shall be given to all of the following:

(1)Applicants with a demonstrated need for expanded access to inclusive early childhood education.

(2)Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early learning and care environments.

(3)Applicants who demonstrate the ability to serve a broad range of disabilities.

(4)Applicants who do or plan to serve children with disabilities in proportion to their rate of identification similar to local educational agencies in their region.

(h)Grants may be used for one-time infrastructure costs only, including, but not limited to, adaptive and universal design facility renovations, adaptive equipment, and professional development. Funds shall not be used for ongoing expenditures.

(i)A grant recipient shall commit to provide program data and participate in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding.

(j)The department may reserve up to 1 percent of the program funds to support an evaluation to address improved access, participation, and supports to inclusive early learning and care programs and program and child outcomes.

(k)Commencing in the 2018–19 fiscal year, the department shall convene a stakeholder workgroup that includes, but is not limited to, representatives from the relevant divisions in the department, the State Department of Developmental Services, the State Interagency Coordinating Council on Early Intervention, local educational agencies, appropriate county agencies, regional centers, and resource and referral agencies. The workgroup shall be maintained through June 30, 2023, with the goal of providing continuous improvement in the inclusion of children with exceptional needs in early childhood education settings. The department shall include representatives of local educational agencies participating in the Inclusive Early Education Expansion Program established in this section and county offices of education participating in the Inclusive Early Care Pilot Program, established pursuant to Section 136 of the act adding this section, in this workgroup, when appropriate, to share challenges, barriers, and best practices.

(l)For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year.

SEC. 2.Section 8492.5 is added to the Education Code, to read:
8492.5.

(a)Contingent upon an appropriation by the Legislature for purposes of this section, the Inclusive Early Childhood Education Grant Program shall be established for the purpose of increasing access to inclusive early childhood education programs.

(b)The State Department of Education’s Special Education Division and Early Learning and Care Division, in consultation and coordination with the State Department of Developmental Services, shall administer the program, including developing criteria for proposals, selecting grantees, and collecting data as described in subdivision (g). The criteria for proposals shall include, but is not limited to, reporting on referral pathways and transitions.

(c)At a minimum, an applicant shall be a county office of education and shall include all of the following information in its grant application:

(1)A proposal to increase access to subsidized inclusive early childhood education programs for children up to five years of age, including children with exceptional needs, as defined in Section 8208, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 8499.5. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs.

(2)A proposal that demonstrates coordination and collaboration with local partners, which may include, but are not limited to, other county agencies, school districts, regional centers, and resource and referral agencies.

(3)Demonstration of coordination and the leveraging of other state funds directed toward supporting children with exceptional needs.

(d)Grants shall be awarded on a competitive basis. Priority shall be given to applicants that meet any of the following criteria:

(1)Applicants with a demonstrated need for expanded access to inclusive early childhood education.

(2)Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early childhood education environments.

(3)Applicants who demonstrate the ability to serve children with a broad range of disabilities.

(4)Applicants who serve, or plan to serve, children with exceptional needs in proportion to their presence in the general population.

(e)Grants shall be used only for outreach coordinators, placement navigators, coordination and provision of resources, adaptive equipment, professional development, assessment or evaluation of tools and licenses, training for parents, and specialists, including coaches and behavioral or mental health consultants.

(f)A grant recipient shall commit to providing program data and participating in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding.

(g)The department shall create an evaluation plan for county offices of education that receive grants pursuant to this section that addresses both of the following:

(1)Improved access, participation, and supports for inclusive early childhood education programs.

(2)Program and child outcomes.

(h)This section shall become operative on June 30, 2020.