44253.10
. (a) A teacher with a basic teaching credential may be
assigned to provide specially designed content instruction delivered
in English, as defined in subdivision (b) of Section 44253.2, to
limited-English-proficient pupils only if the following conditions
are met:
(1) The teacher, as of January 1, 1999, is a permanent employee of
a school district, a county office of education, or a school
administered under the authority of the Superintendent of Public
Instruction, or was previously a permanent employee and then was
employed in any California public school district within 39 months of
the previous permanent status, or has been employed in a school
district with an average daily attendance of not more than 250 for at
least two years.
(2) The teacher completes 45 clock hours of staff development in
methods of specially designed content instruction delivered in
English prior to January 1, 2008. The extension of the date by which
a teacher is required to complete this staff development may not be
construed as authorizing teachers to teach limited-English-proficient
pupils without a certificate issued pursuant to this section or
Sections 44253.3 and 44253.4.
(b) The commission, in consultation with the Superintendent of
Public Instruction, shall establish guidelines for the provision of
staff development pursuant to this section. The commission and the
superintendent shall use their best efforts to establish these
guidelines as soon as possible, but in no event later than January 1,
1996. Staff development pursuant to this section shall be consistent
with the commission's guidelines.
(1) To ensure the highest standards of program quality and
effectiveness, the guidelines shall include quality standards for the
persons who train others to perform staff development training and
for those who provide the training. The guidelines may require that
teachers who qualify to provide instruction pursuant to paragraph (1)
of subdivision (d) include a portion, within the total 45 clock
hours of training provided in paragraph (2) of subdivision (a), in
English language development.
(2) The guidelines for training to meet the requirements of
paragraph (1) of subdivision (d) may provide for 20 hours, or fewer
hours as the commission may specify, of training in any aspect of
English language development or specially designed content
instruction delivered in English.
(3) The guidelines shall require that the staff development
offered pursuant to this section be aligned to the teacher
preparation leading to the issuance of a certificate pursuant to
Section 44253.3 and any amendments made to that section. This
alignment, however, may not result in any increase in the number of
hours of staff development necessary to meet the requirements of this
section.
(4) The guidelines and standards established by the commission to
implement this section shall require and maintain compliance with any
requirements mandated by federal law for purposes of assuring
continued federal financial assistance.
(5) The commission shall review staff development programs in
relation to the guidelines and standards established pursuant to this
section. The review shall include all programs offered pursuant to
this section except programs previously approved pursuant to
subdivision (c). If the commission finds that a program meets the
applicable guidelines and standards, the commission shall forward a
report of its findings to the chief executive officer of the
sponsoring school district, county office of education, or regionally
accredited college or university. If the commission finds that a
program does not meet the applicable guidelines or standards, or
both, the report of the commission shall specify the areas of
noncompliance and the time period in which a second review shall
occur. If a second review of a program by the commission reveals a
pattern of continued noncompliance with the applicable guidelines or
standards, or both, the sponsoring agency shall not offer the program
to teachers who have not already enrolled in it. The effective date
for California Commission on Teacher Credentialing approval of staff
development programs not currently approved as of January 1, 2000,
shall be on or before January 1, 2002, except for persons already
enrolled in programs by January 1, 2002.
(6) By December 4, 2007, the commission shall report to the
Legislature on the status of the 45-hour and the 90-hour alternative
programs, including the strengths and weaknesses of the process and
programs. In preparing the report, the commission shall include a
summary of its review pursuant to paragraph (5) of the staff
development programs.
(c) The staff development may be sponsored by any school district,
county office of education, or regionally accredited college or
university that meets the standards included in the guidelines
established pursuant to this subdivision or any organization that
meets those standards and is approved by the commission. Any
equivalent three semester unit or four quarter unit class may be
taken by the teacher at a regionally accredited college or university
to satisfy the staff development requirement described in either
subdivision (a) or (d), or both. Once the commission has made a
determination that a college or university class is equivalent, no
further review of the class shall be required pursuant to paragraph
(5) of subdivision (b), regardless of the date of the initial review.
(d) (1) A teacher who completes the staff development described in
subdivision (a) shall be awarded a certificate of completion of
staff development in methods of specially designed content
instruction delivered in English.
(2) A teacher who completes the staff development described in
subdivision (a) may provide specially designed content instruction
delivered in English, as defined in subdivision (b) of Section
44253.2, and instruction for English language development, as defined
in subdivision (a) of Section 44253.2, in any departmentalized
teaching assignment consistent with the authorization of the teacher'
s basic credential. This authorization also applies to teachers who
completed the required staff development before the effective date of
the amendments made to this section by the act adding this
authorization.
(3) A teacher who completes the staff development described in
subdivision (a) may not be assigned to provide content instruction
delivered in the pupil's primary language, as defined in subdivision
(c) of Section 44253.2.
(4) A teacher who completes the staff development described in
subdivision (a) may be assigned to provide instruction for English
language development, as defined in subdivision (a) of Section
44253.2, in a self-contained classroom under either of the following
circumstances:
(A) The teacher has taught for at least nine years in California
public schools, certifies that he or she has had experience or
training in teaching limited-English-proficient pupils, and
authorizes verification by the entity that issues the certificate of
completion. The teacher shall be awarded a certificate of completion
in methods of instruction for English language development in a
self-contained classroom.
(B) The teacher has taught for less than nine years in California
public schools, or has taught for at least nine years in California
public schools but is unable to certify that he or she has had
experience or training in teaching limited-English-proficient pupils,
but has, within three years of completing the staff development
described in subdivision (a), completed an additional 45 hours of
staff development, including specially designed content instruction
delivered in English and English language development training, as
set forth in the guidelines developed pursuant to subdivision (b).
Upon completion of this additional staff development, the teacher
shall be awarded a certificate of completion in methods of
instruction for English language development in a self-contained
classroom.
(e) During the period in which a teacher is pursuing the training
specified in paragraph (2) of subdivision (a) or subdivision (d), or
both, including the period for the assessment and awarding of the
certificate, the teacher may be provisionally assigned to provide
instruction for English language development, as defined in
subdivision (a) of Section 44253.2, or to provide specially designed
content instruction delivered in English, as defined in subdivision
(b) of Section 44253.2.
(f) (1) A teacher who completes the staff development with any
provider specified in subdivision (c), and who meets the requirements
of subdivision (a) or (d) for a certificate of completion of staff
development in methods of specially designed content instruction
delivered in English or English language development in a
self-contained classroom, or both, shall be issued the certificate or
certificates.
(2) A teacher who completes a staff development program in methods
of specially designed content instruction delivered in English or
English language development in a self-contained classroom, or both,
who has been determined by the commission to meet the applicable
guidelines and standards, pursuant to paragraph (5) of subdivision
(b), shall receive a certificate or certificates of completion from
the commission upon submitting an application, a staff development
verification form to be furnished by the commission, and payment of a
fee to be set by the commission, not to exceed forty-five dollars
($45).
(3) A person who is enrolled in, or who has completed a staff
development program not approved by the commission prior to January
1, 2002, may, until the date of January 1, 2003, apply to any of the
following agencies for the certificate or certificates, but the
teacher shall be issued the certificate or certificates by only one
of these agencies:
(A) The school district in which the teacher is a permanent
employee.
(B) The county office of education in the county in which the
teacher is an employee for an agency specified in paragraph (1) of
subdivision (a).
(C) Any school district or county office of education that
provides staff development pursuant to subdivision (c). Before
issuing a certificate or certificates based on an equivalent class or
classes, as provided for in subdivision (c), the issuing agency
shall determine if the class or classes meet the guidelines
established pursuant to subdivision (b).
(4) Any school district or county office of education that issues
a certificate of completion shall forward a copy of the certificate
to the Commission on Teacher Credentialing within 90 days of issuing
the certificate.
(5) An agency that issues a certificate or certificates of
completion may charge the teacher requesting the certificate or
certificates of completion a fee that will cover the actual costs of
the agency in issuing, forwarding a copy to the commission, and
paying any fee charged by the commission for receiving and servicing,
the certificate or certificates of completion.
The commission may charge the agency that forwards a copy of a
certificate or certificates of completion a one-time fee to cover the
actual costs to the commission to file the copy or copies, and to
issue duplicates when requested by the teacher. The fee shall not
exceed an amount equal to one-half the fee the commission charges for
issuing a credential.
(g) The certificate of completion is valid in all California
public schools. A teacher who has been issued a certificate of
completion may be assigned indefinitely to provide the instructional
services named on the certificate in any school district, county
office of education, or school administered under the authority of
the Superintendent of Public Instruction.
(h) Teacher assignments made in accordance with subdivision (a) of
this section shall be included in the reports required by
subdivisions (a) and (e) of Section 44258.9.
(i) The governing board of each school district shall make
reasonable efforts to provide limited-English-proficient pupils in
need of English language development instruction with teachers who
hold appropriate credentials, language development specialist
certificates, or cross-cultural language and academic development
certificates that authorize English language development instruction.
However, any teacher awarded a certificate or certificates of
completion shall be deemed certificated and competent to provide the
services listed on that certificate of completion. A teacher who
completes staff development pursuant to this section may use those
hours of staff development to meet the requirements of subdivision
(b) of Section 44277.
(j) Any teacher completing staff development pursuant to this
section shall be credited with three semester units or four quarter
units for each block of 45 hours of staff development completed for
the purpose of meeting the requirements set forth in subdivision (b)
of Section 44253.3.
(k) Any school district may use funds allocated to it for the
purposes of Chapter 3.1 (commencing with Section 44681) to provide
staff development pursuant to this section.