BILL NUMBER: SB 472 CHAPTERED
BILL TEXT
CHAPTER 524
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
AMENDED IN ASSEMBLY AUGUST 28, 2006
AMENDED IN ASSEMBLY AUGUST 22, 2006
AMENDED IN ASSEMBLY MAY 8, 2006
AMENDED IN ASSEMBLY APRIL 18, 2006
AMENDED IN ASSEMBLY FEBRUARY 27, 2006
AMENDED IN ASSEMBLY JANUARY 25, 2006
AMENDED IN ASSEMBLY AUGUST 15, 2005
AMENDED IN SENATE JUNE 1, 2005
AMENDED IN SENATE MAY 31, 2005
INTRODUCED BY Senator Alquist
(Principal coauthor: Assembly Member Chu)
(Coauthors: Senators Bowen, Kuehl, and Romero)
(Coauthors: Assembly Members Bermudez, Chavez, Jones, Lieu, and
Pavley)
FEBRUARY 18, 2005
An act to amend Sections 99231, 99233, 99234, 99235, 99237, 99240,
and 99242 of, to add Section 99237.5 to, and to repeal Sections
99234.5, 99238, and 99241 of, the Education Code, relating to
instructional programs, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 472, Alquist Instructional programs: Mathematics and Reading
Professional Development Program.
Existing law establishes the Mathematics and Reading Professional
Development Program, which is administered by the Superintendent of
Public Instruction with the approval of the State Board of Education.
Under this program, a local education agency, as defined, receives
incentive funding to provide training in mathematics and reading to
teachers and to provide training to instructional aides and
paraprofessionals, as defined, who directly assist with classroom
instruction in mathematics and reading. Under existing law, the
program becomes inoperative on July 1, 2006, and is repealed on
January 1, 2007.
This bill would extend the operation of the program until July 1,
2012, when the program would become inoperative. The bill would
provide for the repeal of these provisions on January 1, 2013.
This bill also would remove the authority of the Superintendent of
Public Instruction to allocate funding for training at a California
Professional Development Institute. The bill would repeal the
provisions granting priority for participation in the program to
teachers who have not participated in professional development at a
California Professional Development Institute, or have received this
training but have not participated in supplemental training regarding
the math and English language arts content standards and curriculum
frameworks adopted by the State Board of Education.
This bill would add, to the subjects of provider-contracted
professional development training and in-house professional
development that a local education agency must certify that its
proposal satisfies as a condition of receiving specified funding,
training using instructional strategies to teach essential content to
address the varied learning needs of pupils, with an emphasis on
English language learners and pupils with exceptional needs. The bill
would specify that the 40 hours of the professional development that
a local education agency must certify has occurred has been based on
the statewide academic content standards and related adopted or
standards-aligned instructional materials.
This bill would remove the provisions allowing a school district,
charter school, or county office of education to claim funding under
a program that has been repealed. This bill would repeal the
provisions requiring the State Board of Education to determine
whether professional development programs not operated pursuant to
the California Professional Development Institute meet minimum
criteria. The bill would also repeal the provision authorizing the
State Board of Education to contract for the review of certified
assurances by local education agencies regarding training.
The bill would require the State Department of Education to
provide funding to local education agencies, with the approval of the
State Board of Education, to provide professional development in
reading language arts and mathematics to teachers of English language
learner pupils. The bill would require the training providers, as
defined, to have knowledge of the English language arts content
standards, the mathematics content standards, the English language
development standards, second language acquisition skills, and a
thorough knowledge of specified instructional materials.
The bill would require the Superintendent of Public Instruction to
provide funding, from a specified item of the Budget Act of 2006, to
provide eligible elementary and secondary teachers with 40 hours of
instruction, followup instruction, and support in specified areas.
The bill would authorize the provision of funding under this program
to all local education agencies, and would establish priorities and
eligibility standards for the provision of this funding.
The bill would require the Superintendent of Public Instruction to
appoint an advisory committee, consisting of at least 8 members, in
order to ensure the quality and effectiveness of specified training
provided under the bill. The bill would specify the qualifications
required of the members of the advisory committee, as well as the
general subject matter of the recommendations to be received by that
committee.
This bill would delete a provision requiring cooperation between
the State Department of Education and the University of the
California and the California Professional Development Institute
regarding a report by the State Department of Education on the
effectiveness of the program. The bill would add survey data
regarding program effectiveness and preprogram and postprogram pupil
achievement, as well as retention rates of teachers, instructors, and
paraprofessionals who participated in the program training, to the
requirements for the report contents.
This bill would repeal the provisions authorizing professional
development through this program to be provided through the
California Professional Development Institute and related funding.
The bill would also repeal a provision providing authority for this
professional development to be provided at sites not located on a
college or university campus.
This bill would express the intent of the Legislature to ensure
that specified program training does not solely rely on state-adopted
instructional materials to teach statewide academic content
standards, and also express the intent of the Legislature to work
with the State Board of Education and State Department of Education
to achieve these goals.
The bill would also make various technical and conforming changes
to the statutes governing the program.
The bill would appropriate $120,000, without regard to fiscal
year, from the General Fund to the Superintendent of Public
Instruction for the purposes of the administration, by the State
Department of Education, of the program, and would authorize the
establishment of a position in the department for these purposes.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 99231 of the Education Code is amended to read:
99231. For the purpose of this article, the following terms have
the following meanings:
(a) "Instructional aide" means a person who is employed on either
a full-time or a part-time basis for the purpose of directly
assisting with classroom instruction in mathematics or reading in a
California public school in which kindergarten or any of grades 1 to
12, inclusive, are taught and who does not possess a valid teaching
credential, certificate, authorization, or permit issued by the
Commission on Teacher Credentialing and does not include a
paraprofessional, as defined in subdivision (b).
(b) "Paraprofessional" means a teacher aide, a teacher assistant,
or a speech language pathology assistant who is employed on either a
full-time or a part-time basis for the purpose of directly assisting
with classroom instruction in mathematics or reading in a California
public school in which kindergarten or any of grades 1 to 12,
inclusive, are taught and who does not possess a valid teaching
credential, certificate, authorization, or permit issued by the
Commission on Teacher Credentialing.
(c) "Instructional materials that are aligned to state standards"
means, for kindergarten and grades 1 to 8, inclusive, materials
adopted by the state board after January 1, 2001, unless otherwise
authorized by the state board. For grades 9 to 12, inclusive,
"instructional materials that are aligned to state standards" means
materials that the governing board of the local education agency has,
after careful review, certified are aligned to the state mathematics
or reading content standards and the curriculum frameworks for these
subjects.
(d) "Local education agency" means a school district, county
office of education, state special school, or charter school.
(e) "Teacher" means a person who holds a valid teaching
credential, certificate, authorization, or permit issued by the
Commission on Teacher Credentialing and is employed on either a
full-time or a part-time basis in a California public school in which
kindergarten or any of grades 1 to 12, inclusive, are taught.
SEC. 2. Section 99233 of the Education Code is amended to read:
99233. (a) This program is intended to serve the following
categories of staff:
(1) Teachers employed in a public school for the purpose of
teaching in a self-contained classroom that serves pupils in
kindergarten or any of grades 1 to 8, inclusive. Teachers described
in this paragraph are eligible to receive instruction in both
mathematics and reading.
(2) Teachers employed in a public school for the purpose of
providing mathematics or reading instruction to pupils with
exceptional needs. Teachers described in this paragraph are eligible
to receive instruction in both mathematics and reading.
(3) Teachers who hold a single-subject teaching credential,
certificate, or authorization issued by the Commission on Teacher
Credentialing that authorizes them to teach English or social science
in a classroom that is not self-contained and who are employed in a
public school. Teachers described in this paragraph are eligible to
receive instruction in reading.
(4) Holders of one-year emergency teaching permits and emergency
career substitute teaching permits who are employed in a public
school and assigned to teach English or social science courses in a
classroom that is not self-contained. Teachers described in this
paragraph are eligible to receive instruction in reading.
(5) Teachers who hold a single-subject teaching credential,
certificate, or authorization issued by the Commission on Teacher
Credentialing that authorizes them to teach mathematics or science in
a classroom that is not self-contained and who are employed in a
public school. Teachers described in this paragraph are eligible to
receive instruction in mathematics.
(6) Holders of one-year emergency teaching permits and emergency
career substitute teaching permits who are employed in a public
school and assigned to teach mathematics or science courses in a
classroom that is not self-contained. Teachers described in this
paragraph are eligible to receive instruction in mathematics.
(7) Instructional aides and paraprofessionals who directly assist
with classroom instruction in mathematics or reading who are employed
in a public school for the purpose of assisting teachers in the
instruction of pupils in kindergarten or any of grades 1 to 12,
inclusive. Instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics or reading, as
described in this subdivision, are eligible to receive instruction in
mathematics or reading.
(b) Holders of emergency 30-day substitute teaching permits issued
by the Commission on Teacher Credentialing are not eligible to
receive training offered pursuant to this article.
SEC. 3. Section 99234 of the Education Code is amended to read:
99234. (a) (1) The Superintendent shall notify local educational
agencies that they are eligible to receive an incentive award based
on the percentage of eligible teachers calculated in accordance with
provisions of an item of appropriation in the annual Budget Act. It
is the intent of the Legislature that a local educational agency give
highest priority to training teachers who are new to the teaching
profession, who are assigned to high-priority schools, who are
assigned to schools that are under state sanctions as specified under
Section 52055.5 or 52055.650, or who have recently changed teaching
assignments.
(2) It is also the intent of the Legislature that funding
appropriated in one fiscal year that is not expended by a local
educational agency be redirected to local educational agencies that
have trained more eligible teachers than the percentage funded. If a
redirection of funding occurs, funding in subsequent fiscal years for
the local educational agencies involved shall be adjusted to reflect
the redirection of funding.
(b) A school district that cannot make the certification required
pursuant to paragraph (3) of subdivision (a) of Section 99237 for all
the grade levels it maintains in mathematics or reading may apply
for and receive incentive funding for the grade levels and subjects
for which it can make the certification required pursuant to
paragraph (3) of subdivision (a) of Section 99237, in which case the
certified assurance submitted pursuant to Section 99237 applies only
to the professional development provided to teachers, instructional
aides, and paraprofessionals who directly assist with classroom
instruction in mathematics or reading in the grade levels and
subjects for which it can make the certification required pursuant to
paragraph (3) of subdivision (a) of Section 99237.
(c) Of the incentive provided pursuant to subdivision (a), a local
educational agency may use not more than one thousand dollars
($1,000) of the per teacher per subject amount to provide an
individual teacher stipend.
(d) The Superintendent shall notify local educational agencies
that the maximum funding for the purpose of this article for which
they are eligible each year is equal to the percentage calculated in
accordance with provisions of an item of appropriation in the annual
Budget Act, multiplied by the sum of the following two factors
multiplied by two thousand five hundred dollars ($2,500):
(1) Twice the number of multiple subjects teachers teaching in a
self-contained classroom and special education teachers, as specified
in paragraphs (1) and (2) of subdivision (a) of Section 99233, that
provide direct instruction in mathematics or reading as reported in
the most recent available CBEDS data, who have not received training
pursuant to either this article or Article 2 (commencing with Section
99220).
(2) The number of mathematics, English, science, and social
science teachers, as specified in paragraphs (3) to (6), inclusive,
of subdivision (a) of Section 99233 that were reported in the most
recent available CBEDS data, who have not received training pursuant
to either this article or Article 2 (commencing with Section 99220).
(e) The Superintendent shall allocate funding appropriated for the
purposes of this article in the following order of priority:
(1) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to subdivision (a) in the
prior year for whom the local educational agency did not receive
funding due to insufficient availability of funds in the prior fiscal
year.
(2) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to this article, subject
to the limitations in subdivision (d).
(3) Two thousand five hundred dollars ($2,500) for each qualifying
teacher who was provided training pursuant to this article in excess
of limitations in subdivision (d).
(f) Funding may not be provided to a local educational agency
until the state board approves the certified assurance of the agency
submitted pursuant to subdivision (a) of Section 99237.
(g) Of the funding a local educational agency is eligible to
receive pursuant to this section for each eligible teacher, 50
percent shall be awarded following the provision of 40 hours of
professional development based on the statewide academic content
standards adopted pursuant to Section 60605, the Mathematics and
Reading/English Language Arts frameworks adopted by the State Board
of Education, and instructional materials adopted by the state board
or standards-aligned instructional materials, as specified in
subdivision (b) of Section 99237, with the remaining funding to be
awarded following certification of the provision of the 80 hours of
followup instruction as specified in subdivision (b) of Section
99237. The 80 hours of training may be completed over a two-year
period.
(h) A local educational agency may not receive funds pursuant to
this article for teachers who receive training pursuant to Article 2
(commencing with Section 99220) using funding provided pursuant to
that article.
SEC. 4. Section 99234.5 of the Education Code is repealed.
SEC. 5. Section 99235 of the Education Code is amended to read:
99235. (a) The Superintendent of Public Instruction shall notify
local educational agencies that they are eligible to receive funding
to provide instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics or reading with
professional development training in mathematics or reading, in an
amount equal to one thousand dollars ($1,000) per qualifying
instructional aide. Funding will be provided to local educational
agencies on a first-come-first-served basis. A local educational
agency that chooses to participate in the program is eligible to
receive funding for no greater than the percentage calculated in
accordance with provisions of an item of appropriation in the annual
Budget Act for its instructional aides and paraprofessionals.
However, the statewide total number of instructional aides and
paraprofessionals who directly assist with classroom instruction in
mathematics and reading served under this program may not exceed
9,600 over two consecutive fiscal years.
(b) Of the incentive provided pursuant to subdivision (a), a local
educational agency may not use more than five hundred dollars ($500)
of the amount per instructional aide or paraprofessional who
directly assists with classroom instruction in mathematics or reading
to provide an individual instructional aide stipend.
SEC. 6. Section 99237 of the Education Code is amended to read:
99237. (a) As a condition of receipt of funds for purposes of
Section 99234 or 99235, a local education agency shall submit a
certified assurance signed by the appropriate agency official and
approved in a public session by the governing body of the agency to
the state board that contains its proposal to satisfy the following:
(1) It contracted with a provider whose training curriculum was
based upon one of the training models outlined in guidelines and
criteria for approval of training providers established by the State
Board of Education, and was approved by the state board, or the local
education agency's training curriculum was based upon one of the
training models outlined in guidelines and criteria for approval of
training providers established by the State Board of Education and
approved by the state board. Approval by the state board of the
training curriculum shall be based on the criteria contained in
paragraph (4) and in subdivision (b).
(2) It or the provider with whom it contracted provided
professional development training focused primarily on the following:
(A) The mathematics or English language arts content standards
adopted by the state board pursuant to Section 60605.
(B) The curriculum frameworks adopted by the state board for
mathematics and English language arts.
(C) The use of instructional materials that will be used by pupils
and are aligned to the mathematics or English language arts content
standards adopted by the state board pursuant to Section 60605.
(D) The training shall include instructional strategies designed
to help all pupils gain mastery of the California academic content
standards with special emphasis on English language learners and
pupils with exceptional needs.
(3) (A) It provides each pupil with instructional materials that
are aligned to the state content standards in mathematics and English
language arts no later than the first day of the first school term
that commences 12 months or less after those materials are adopted by
the state board in the case of instructional materials for
kindergarten and grades 1 to 8, inclusive, or by the governing board
of the school district in the case of instructional materials for
grades 9 to 12, inclusive.
(B) For local education agencies that are piloting or evaluating
instructional materials that are aligned to the state content
standards in mathematics and English language arts, those materials
shall be provided to each pupil no later than the first day of the
first school term that commences 24 months or less after those
materials were adopted by the state board in the case of
instructional materials for grades 1 to 8, inclusive, or by the
governing board of the school district in the case of instructional
materials for grades 9 to 12, inclusive.
(C) If a local education agency has not adopted instructional
materials as required by subparagraph (A) for one or more grade
levels because it is piloting or evaluating those instructional
materials, the local education agency may only claim funding pursuant
to Section 99234 for grade levels and subjects where the local
education agency is in compliance with subparagraphs (A) and (B).
(D) For each teacher, in each core area for which funding is
claimed pursuant to this article and for which there are not
standards-aligned textbooks for each pupil, as determined through an
audit, the Superintendent of Public Instruction, on a one-time basis,
shall withhold from the next monthly principal apportionment payment
to the local education agency an amount equal to one hundred dollars
($100) for each of those pupils. The funds withheld are deemed to be
an offset against the training funds provided pursuant to this
article.
(4) It provides in-house professional development that focuses
primarily on the following:
(A) The mathematics or English language arts content standards
adopted by the state board pursuant to Section 60605.
(B) The curriculum frameworks adopted by the state board for
mathematics and English language arts.
(C) The use of instructional materials that will be used by pupils
and are aligned to the mathematics or English language arts content
standards adopted by the state board pursuant to Section 60605.
(D) The training shall include instructional strategies designed
to help all pupils gain mastery of the California academic content
standards, with special emphasis on English language learners and
pupils with exceptional needs.
(5) It provides the data elements required pursuant to Section
99240.
(b) As an additional condition of receipt of funds for purposes of
Section 99234, a local education agency shall certify that:
(1) Forty hours of professional development based on the statewide
academic content standards adopted pursuant to Section 60605, the
Mathematics and Reading/English Language Arts frameworks adopted by
the State Board of Education, and instructional materials adopted by
the state board or standards-aligned instructional materials and 80
hours of followup instruction, coaching, or additional schoolsite
assistance, in mathematics or reading, based upon the individual
school needs, as appropriate, was provided to teachers who meet the
criteria specified in paragraphs (1) and (2) of subdivision (a) of
Section 99233.
(2) Forty hours of reading or English language arts professional
development that includes strategies to help all pupils gain mastery
of the California content standards and based on the statewide
academic content standards adopted pursuant to Section 60605, the
Reading/English Language Arts framework adopted by the State Board of
Education, and instructional materials adopted by the state board or
standards-aligned instructional materials, and 80 hours of followup
instruction, coaching, or additional schoolsite assistance, based
upon the individual teacher or school needs, was provided to teachers
who meet the criteria specified in paragraphs (3) and (4) of
subdivision (a) of Section 99233.
(3) Forty hours of professional development in mathematics based
on the statewide academic content standards adopted pursuant to
Section 60605, the Mathematics framework adopted by the State Board
of Education, instructional strategies designed to help all pupils
gain mastery of the California academic content standards, and
instructional materials adopted by the state board or
standards-aligned instructional materials, and 80 hours of followup
instruction, coaching, or additional schoolsite assistance, based
upon the individual teacher or school needs, was provided to teachers
who meet the criteria specified in paragraphs (5) and (6) of
subdivision (a) of Section 99233.
(c) If, as the result of a program audit, it is found that the
participating local education agency served fewer participants than
it was funded to serve, the Superintendent of Public Instruction
shall withhold from the next monthly principal apportionment payment
to the local education agency an amount proportional to the amount of
funding associated with the number of teachers that were not served.
(d) If, as the result of a program audit, it is found that the
training provided by the local education agency or the provider with
whom it contracted did not meet the requirements of paragraph (4) of
subdivision (a), the Superintendent shall withhold from the next
monthly principal apportionment payment to the local education agency
an amount equal to the amount of funding associated with the
training that was not aligned to state standards and curriculum
frameworks.
(e) It is the intent of the Legislature that audits referenced in
subdivisions (c) and (d) be conducted as part of a compliance audit
performed in accordance with Sections 14503, 14508, and 41020.
SEC. 7. Section 99237.5 is added to the Education Code, to read:
99237.5. (a) (1) For the purposes of this section, the
Superintendent of Public Instruction shall provide funding to local
education agencies, with the approval of the State Board of
Education, to provide professional development in reading language
arts and mathematics to teachers of English language learner pupils.
The criteria for the provision of funding shall include quality
standards for the persons who train others to perform professional
development training and for those who provide the training. Training
providers shall have knowledge of the English language arts content
standards, the mathematics content standards, the English language
development standards, and second language acquisition skills. All
providers shall have a thorough knowledge of all of the following
instructional materials:
(A) The required state board adopted programs for kindergarten to
grade 8, inclusive.
(B) The English language development components of the state board
adopted programs for kindergarten and grades 1 to 8, inclusive.
(C) The standards-aligned programs purchased by local education
agencies for grades 9 to 12, inclusive.
(D) A means of incorporating the supplemental instructional
materials adopted pursuant to the Budget Act of 2004 and pursuant to
Chapter 79 of the Statutes of 2006, designed to assist English
learner pupils become proficient in reading, writing, and speaking
English.
(2) For purposes of this section, "trainer provider" is defined as
a currently or prospectively approved provider who may contract with
a local education agency to offer any of the following:
(A) The 40 hours of training as authorized in Section 99237.
(B) The 40 hours of training authorized in Section 99237, in
addition to the 40 hours of training for teachers of English learner
pupils authorized in this section.
(C) The 40 hours of training authorized in Section 99237, in
addition to the 40 hours of training for teachers of English learner
pupils authorized in this section and the followup training
authorized in Section 99237.
(3) Nothing in this section shall be construed to preclude
training providers to apply to only offer the 40 hours of training
for teachers of English language learner pupils.
(4) The State Department of Education, no later than January 1,
2007, shall establish the criteria for the professional development
offered pursuant to this section. The professional development
training shall include, but not necessarily be limited to, all of the
following characteristics:
(A) It shall be sufficient in scope, depth, and duration to fully
equip teachers with comprehensive instructional strategies using
state board adopted instructional materials, including the universal
access components of the state board adopted programs.
(B) It shall include English Language Development components of
the state board adopted programs, and also provide strategies to
differentiate instruction as needed in the basic programs, including,
but not necessarily limited to, English language proficiency levels
as measured by the California English Language Development Test.
(C) It shall include strategies to use supplementary materials
with the state board adopted program to meet the needs of English
language learner pupils.
(D) It shall be capable of delivering a thorough knowledge of the
core academic content standards using the English language
development standards to deliver instruction, as applicable.
(b) From funds appropriated pursuant to Provision (2) of Item
6110-137-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 47,
Stats. 2006) for the purposes of this section, the Superintendent of
Public Instruction shall award funding to provide eligible elementary
and secondary teachers with 40 hours of instruction, followup
instruction, and support in areas including, but not necessarily
limited to, all of the following:
(1) Vocabulary development.
(2) Writing development.
(3) Core academic standards and English Language Development
Standards.
(4) Comprehensive instructional strategies using state board
adopted instructional materials, including the universal access
components of the state board adopted programs.
(5) Analyzing achievement of English learners to improve pupil
performance through the use of multiple measures including state and
local pupil assessment instruments and the Standardized Testing and
Reporting (STAR) Program.
(6) English Language Development targeted to the pupils' English
language proficiency level as measured by the California English
Language Development Test.
(7) Early intervention techniques for pupils experiencing
difficulty.
(8) Instructional strategies to teach essential content to address
the varied learning needs of English learner pupils, including the
different proficiency levels of English language learner pupils as
determined by the California English Language Development Test.
(9) Any additional instruction and training areas that may be
considered to improve pupil learning and achievement based upon the
needs of participating teachers.
(c) All local education agencies are eligible to participate in
the professional development training for teachers of English
language learner pupils authorized pursuant to this section. Priority
in funding shall be awarded to any local education agency that meets
one or more of the following criteria:
(1) Twenty percent or more of its total enrollment is English
language learner pupils.
(2) It has one or more schools identified as in program
improvement under the federal No Child Left Behind Act of 2001 (20
U.S.C. Secs. 6301 et seq.).
(3) It has one or more schools that have not met their English
language learner subgroup targets pursuant to Section 52052.
(d) In order to be eligible to participate in the training
described under this section, a teacher shall have completed 40 hours
of professional development training pursuant to Section 99237, at
any prior time. As a condition of receipt of funding to provide the
professional development described in this section, a local education
agency shall submit a certified assurance to the State Board of
Education, signed by the appropriate agency official and approved in
a public session by the governing body of the agency, declaring that
the teachers who participated in the professional development for
teachers of English language learner pupils described in this section
have previously completed 40 hours of professional development
pursuant to Section 99237.
(e) A teacher who has completed 40 hours of professional
development for teachers of English learner pupils described in this
section shall have the option of allowing this participation to
fulfill 50 percent of the 80 hours of followup training required
pursuant to Section 99237.
(f) The Superintendent of Public Instruction shall allocate
funding appropriated for the purposes of professional development
training for teachers of English language learner pupils, as
described in this section, in the amount of one thousand two hundred
fifty dollars ($1,250) per qualifying teacher. The Superintendent of
Public Instruction shall provide the funding to eligible local
education agencies upon the
provision, to qualified teachers, of the 40 hours of training
described in this section. Of the funding allocated pursuant to this
subdivision, a local educational agency may not use more than five
hundred dollars ($500) of the per-teacher amount to provide an
individual teacher stipend.
(g) (1) On or before April 1, 2007, the Superintendent of Public
Instruction shall submit estimates of both of the following to the
Department of Finance and the Legislature:
(A) The number of teachers who intend to participate in the
professional development for teachers of English language learner
pupils as described in this section, but who have not already
participated in professional development offered pursuant to Section
99234.
(B) The number of teachers who intend to participate only in the
professional development offered pursuant to Section 99234.
(2) The report prepared under this subdivision shall estimate the
cost of accommodating the teachers referenced in subparagraphs (A)
and (B) of paragraph (1). If the Superintendent of Public Instruction
finds that the cost of accommodating the numbers estimated in the
report exceeds the amount of funding available pursuant to the Budget
Act of 2006 for the professional training authorized pursuant to
Section 99234, the Superintendent of Public Instruction shall notify
the Department of Finance and the Legislature of the need to transfer
funds from those appropriated for professional development for
teachers of English language learner pupils under Provision 2 of Item
6110-137-0001 of Section 2.00 of the Budget Act of 2006 in order to
accommodate providing the 40 hours of training authorized pursuant to
Section 99237 for teachers of English language learner pupils.
(h) (1) The Superintendent of Public Instruction shall appoint an
advisory committee, consisting of at least eight members, in order to
ensure the quality and effectiveness of the training provided
pursuant to this section. The advisory committee shall be made up of
elementary and secondary teachers and teachers of English language
learner pupils, schoolsite and school district administrators,
representatives from higher education, researchers, and
representatives from county offices. The majority of advisory
committee members shall have expertise in second language acquisition
and experience in teaching the academic content standards and
English Language Development standards.
(2) The advisory committee shall make recommendations to the
Superintendent of Public Instruction, including, but not necessarily
limited to, all of the following:
(A) Training criteria.
(B) Training providers.
(C) Implementation of the program.
(D) Whether or not this type of training to teachers of English
learners in other subjects besides reading and mathematics is
appropriate.
(3) The Superintendent of Public Instruction shall make any
recommendations made by the advisory committee available to the
Legislature and the Governor upon request. To the extent practicable,
the Superintendent of Public Instruction shall use the advisory
committee established under the English Language Learner Acquisition
and Development Pilot Program pursuant to Section 420, if that
section is added in the 2005-06 Regular Session of the Legislature.
(i) The Superintendent of Public Instruction shall include
information on this training in the reports provided to the
Legislature pursuant to Section 99240.
SEC. 8. Section 99238 of the Education Code is repealed.
SEC. 9. Section 99240 of the Education Code is amended to read:
99240. (a) By June 30, 2008, the department shall submit, subject
to review and approval by the state board, a report to the
Legislature regarding the program established pursuant to this
article. The report shall, at a minimum, detail all of the following:
(1) The number of teachers, by credential type, who have received
training offered pursuant to this article.
(2) The number of instructional aides and paraprofessionals who
directly assist with classroom instruction in mathematics or reading
who have received training offered pursuant to this article.
(3) The entities that have received funds for the purpose of
offering training pursuant to this article, and the number of
teachers, instructional aides, and paraprofessionals who directly
assist with classroom instruction in mathematics or reading,
respectively, that each has trained.
(4) Information detailing the effectiveness of the program
established pursuant to this article. This information shall, at a
minimum, incorporate survey data concerning program effectiveness and
preprogram and postprogram pupil achievement that has been gathered
from program participants and school principals.
(5) To the extent that information is available, information
detailing, by credential type, the retention rate of teachers who
participated in training offered pursuant to this article. The
information shall, at a minimum, incorporate sample data concerning
teachers who are no longer in the profession.
(6) To the extent that information is available, information
detailing the retention rate of instructional aides and
paraprofessionals who directly assist with classroom instruction in
mathematics, reading, science, or social science who participated in
training offered pursuant to this article. The information shall, at
a minimum, incorporate sample data concerning aides who are no longer
in the profession, as well as aides who have obtained a teaching
credential subsequent to the training.
(b) By December 31, 2012, the department shall submit, subject to
review and approval by the state board, a report to the Legislature
regarding the program established pursuant to this article. The
report shall, at a minimum, detail the following:
(1) The number of teachers, by credential type, who received
training offered pursuant to this article.
(2) The number of instructional aides and paraprofessionals who
directly assist with classroom instruction in mathematics or reading
who received training offered pursuant to this article.
(3) The entities that received funds for the purpose of offering
training pursuant to this article and the number of teachers,
instructional aides, paraprofessionals who directly assist with
classroom instruction in mathematics or reading, respectively, that
each has trained.
(4) Information detailing the effectiveness of the program
established pursuant to this article. This information shall, at a
minimum, incorporate survey data concerning program effectiveness and
preprogram and postprogram pupil achievement that has been gathered
from program participants and school principals.
(5) To the extent that information is available, information
detailing, by credential type, the retention rate of teachers who
participated in training offered pursuant to this article. The
information shall, at a minimum, incorporate sample data concerning
teachers who are no longer in the profession.
(6) To the extent that information is available, information
detailing the retention rate of instructional aides and
paraprofessionals who directly assist with classroom instruction in
mathematics or reading who participated in training offered pursuant
to this article. The information shall, at a minimum, incorporate
sample data concerning aides who are no longer in the profession, as
well as aides who have obtained a teacher credential subsequent to
training.
SEC. 10. Section 99241 of the Education Code is repealed.
SEC. 11. Section 99242 of the Education Code is amended to read:
99242. This article shall become inoperative on July 1, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 12. It is the intent of the Legislature:
(a) That providers of the training provided pursuant to
subdivision (d) of Section 99234 of the Education Code and
subdivision (a) of Section 99235 of the Education Code, as approved
by the State Board of Education, shall primarily emphasize the
statewide academic content standards adopted pursuant to Section
60605 of the Education Code. This emphasis includes ensuring that
providers of training do not solely rely on the state-adopted
instructional materials in their training sessions as the sole
resource for teaching the statewide academic content standards.
(b) To work with the State Board of Education and the State
Department of Education to achieve the goals set forth in subdivision
(a).
SEC. 13. The sum of one hundred twenty thousand dollars ($120,000)
is hereby appropriated, without regard to fiscal year, from the
General Fund to the Superintendent of Public Instruction for the
purposes of the administration, by the State Department of Education,
of the Mathematics and Reading Professional Development Program
(Article 3 (commencing with Section 99230) of Chapter 5 of Part 65 of
the Education Code). The department is authorized to establish a
position for these purposes.