State Codes and Statutes

Statutes > California > Edc > 99230-99242

EDUCATION CODE
SECTION 99230-99242



99230.  This article shall be known and may be cited as the
Mathematics and Reading Professional Development Program.



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.




99232.  (a) The Mathematics and Reading Professional Development
Program is hereby established and shall be administered by the
Superintendent of Public Instruction with the approval of the State
Board of Education.
   (b) A local education agency that maintains kindergarten or any of
grades 1 to 12, inclusive, is eligible to apply for and receive
incentive funding from funds appropriated for the purpose of this
article.
   (c) From funds appropriated for the purpose of this article, the
Superintendent of Public Instruction shall award funding to provide
teachers and instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading with
instruction and training in the areas of mathematics and reading.



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.



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.


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.



99236.  The State Board of Education shall authorize the
Superintendent of Public Instruction to design, and the board shall
approve, regulations for the implementation and monitoring of the
program. The Superintendent of Public Instruction shall provide
funding to a local education agency in accordance with the funding
methodology specified in Sections 99234 and 99235 and with
regulations adopted by the State Board of Education.



99237.  (a) As a condition of receipt of funds for purposes of
Section 99234 or 99235, a local educational 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, and was approved by the state board, or the training
curriculum of the local educational agency was based upon one of the
training models outlined in guidelines and criteria for approval of
training providers established by the state board 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 educational 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 educational 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 educational agency may only claim funding
pursuant to Section 99234 for grade levels and subjects where the
local educational 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, on a one-time basis, shall adjust the next
principal apportionment to withhold from the local educational
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 educational 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, 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,
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,
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 educational agency served fewer participants than
it was funded to serve, the Superintendent shall adjust the next
principal apportionment to withhold from the local educational 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 educational 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 educational
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.




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.


99237.6.  (a) As an option for fulfilling up to 50 percent of the 80
hours of followup training required pursuant to Section 99237,
eligible elementary and secondary teachers may participate in 40
hours of instruction in areas including, but not limited to, all of
the following:
   (1) Data analysis.
   (2) Alignment of assessment and instruction.
   (3) Implication of data analysis and its effect on increasing
pupil achievement.
   (4) Impact on pupil success through diagnostic teaching.
   (5) Differentiating instruction through pacing and complexity.
   (6) Grouping as an aid to instruction.
   (7) Statewide and local data management systems.
   (b) In order to be eligible to participate in the training
described pursuant to this section, a teacher shall have completed 40
hours of professional development training pursuant to Section
99237.
   (c) If a local educational agency chooses to offer the option
provided for in subdivision (a), the local educational agency shall
contract with a training provider that is approved by the state board
and whose training curriculum meets the criteria established by the
state board and is based on the areas listed in paragraphs (1) to
(7), inclusive, of subdivision (a).
   (d) The Superintendent may appoint an advisory committee to ensure
the quality and effectiveness of the training provided pursuant to
this section. If an advisory committee is established, the majority
of the committee shall be made up of professionals with expertise in
data analysis, the implications regarding management of universal
access, providing instruction to pupils while teaching the academic
content standards and English language development standards, and
experience in using data analysis to increase pupil academic
achievement.



99239.  A local education agency or postsecondary institution that
offers an accredited program of professional preparation may consider
providing partial and proportional credit toward satisfaction of the
course requirements to an enrolled candidate who satisfactorily
completes a mathematics or reading professional development program
as described in this article if the program has been certified by the
Commission on Teacher Credentialing as meeting preparation
standards.


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.


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.


State Codes and Statutes

Statutes > California > Edc > 99230-99242

EDUCATION CODE
SECTION 99230-99242



99230.  This article shall be known and may be cited as the
Mathematics and Reading Professional Development Program.



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.




99232.  (a) The Mathematics and Reading Professional Development
Program is hereby established and shall be administered by the
Superintendent of Public Instruction with the approval of the State
Board of Education.
   (b) A local education agency that maintains kindergarten or any of
grades 1 to 12, inclusive, is eligible to apply for and receive
incentive funding from funds appropriated for the purpose of this
article.
   (c) From funds appropriated for the purpose of this article, the
Superintendent of Public Instruction shall award funding to provide
teachers and instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading with
instruction and training in the areas of mathematics and reading.



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.



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.


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.



99236.  The State Board of Education shall authorize the
Superintendent of Public Instruction to design, and the board shall
approve, regulations for the implementation and monitoring of the
program. The Superintendent of Public Instruction shall provide
funding to a local education agency in accordance with the funding
methodology specified in Sections 99234 and 99235 and with
regulations adopted by the State Board of Education.



99237.  (a) As a condition of receipt of funds for purposes of
Section 99234 or 99235, a local educational 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, and was approved by the state board, or the training
curriculum of the local educational agency was based upon one of the
training models outlined in guidelines and criteria for approval of
training providers established by the state board 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 educational 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 educational 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 educational agency may only claim funding
pursuant to Section 99234 for grade levels and subjects where the
local educational 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, on a one-time basis, shall adjust the next
principal apportionment to withhold from the local educational
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 educational 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, 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,
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,
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 educational agency served fewer participants than
it was funded to serve, the Superintendent shall adjust the next
principal apportionment to withhold from the local educational 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 educational 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 educational
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.




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.


99237.6.  (a) As an option for fulfilling up to 50 percent of the 80
hours of followup training required pursuant to Section 99237,
eligible elementary and secondary teachers may participate in 40
hours of instruction in areas including, but not limited to, all of
the following:
   (1) Data analysis.
   (2) Alignment of assessment and instruction.
   (3) Implication of data analysis and its effect on increasing
pupil achievement.
   (4) Impact on pupil success through diagnostic teaching.
   (5) Differentiating instruction through pacing and complexity.
   (6) Grouping as an aid to instruction.
   (7) Statewide and local data management systems.
   (b) In order to be eligible to participate in the training
described pursuant to this section, a teacher shall have completed 40
hours of professional development training pursuant to Section
99237.
   (c) If a local educational agency chooses to offer the option
provided for in subdivision (a), the local educational agency shall
contract with a training provider that is approved by the state board
and whose training curriculum meets the criteria established by the
state board and is based on the areas listed in paragraphs (1) to
(7), inclusive, of subdivision (a).
   (d) The Superintendent may appoint an advisory committee to ensure
the quality and effectiveness of the training provided pursuant to
this section. If an advisory committee is established, the majority
of the committee shall be made up of professionals with expertise in
data analysis, the implications regarding management of universal
access, providing instruction to pupils while teaching the academic
content standards and English language development standards, and
experience in using data analysis to increase pupil academic
achievement.



99239.  A local education agency or postsecondary institution that
offers an accredited program of professional preparation may consider
providing partial and proportional credit toward satisfaction of the
course requirements to an enrolled candidate who satisfactorily
completes a mathematics or reading professional development program
as described in this article if the program has been certified by the
Commission on Teacher Credentialing as meeting preparation
standards.


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.


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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 99230-99242

EDUCATION CODE
SECTION 99230-99242



99230.  This article shall be known and may be cited as the
Mathematics and Reading Professional Development Program.



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.




99232.  (a) The Mathematics and Reading Professional Development
Program is hereby established and shall be administered by the
Superintendent of Public Instruction with the approval of the State
Board of Education.
   (b) A local education agency that maintains kindergarten or any of
grades 1 to 12, inclusive, is eligible to apply for and receive
incentive funding from funds appropriated for the purpose of this
article.
   (c) From funds appropriated for the purpose of this article, the
Superintendent of Public Instruction shall award funding to provide
teachers and instructional aides and paraprofessionals who directly
assist with classroom instruction in mathematics and reading with
instruction and training in the areas of mathematics and reading.



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.



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.


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.



99236.  The State Board of Education shall authorize the
Superintendent of Public Instruction to design, and the board shall
approve, regulations for the implementation and monitoring of the
program. The Superintendent of Public Instruction shall provide
funding to a local education agency in accordance with the funding
methodology specified in Sections 99234 and 99235 and with
regulations adopted by the State Board of Education.



99237.  (a) As a condition of receipt of funds for purposes of
Section 99234 or 99235, a local educational 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, and was approved by the state board, or the training
curriculum of the local educational agency was based upon one of the
training models outlined in guidelines and criteria for approval of
training providers established by the state board 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 educational 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 educational 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 educational agency may only claim funding
pursuant to Section 99234 for grade levels and subjects where the
local educational 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, on a one-time basis, shall adjust the next
principal apportionment to withhold from the local educational
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 educational 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, 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,
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,
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 educational agency served fewer participants than
it was funded to serve, the Superintendent shall adjust the next
principal apportionment to withhold from the local educational 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 educational 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 educational
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.




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.


99237.6.  (a) As an option for fulfilling up to 50 percent of the 80
hours of followup training required pursuant to Section 99237,
eligible elementary and secondary teachers may participate in 40
hours of instruction in areas including, but not limited to, all of
the following:
   (1) Data analysis.
   (2) Alignment of assessment and instruction.
   (3) Implication of data analysis and its effect on increasing
pupil achievement.
   (4) Impact on pupil success through diagnostic teaching.
   (5) Differentiating instruction through pacing and complexity.
   (6) Grouping as an aid to instruction.
   (7) Statewide and local data management systems.
   (b) In order to be eligible to participate in the training
described pursuant to this section, a teacher shall have completed 40
hours of professional development training pursuant to Section
99237.
   (c) If a local educational agency chooses to offer the option
provided for in subdivision (a), the local educational agency shall
contract with a training provider that is approved by the state board
and whose training curriculum meets the criteria established by the
state board and is based on the areas listed in paragraphs (1) to
(7), inclusive, of subdivision (a).
   (d) The Superintendent may appoint an advisory committee to ensure
the quality and effectiveness of the training provided pursuant to
this section. If an advisory committee is established, the majority
of the committee shall be made up of professionals with expertise in
data analysis, the implications regarding management of universal
access, providing instruction to pupils while teaching the academic
content standards and English language development standards, and
experience in using data analysis to increase pupil academic
achievement.



99239.  A local education agency or postsecondary institution that
offers an accredited program of professional preparation may consider
providing partial and proportional credit toward satisfaction of the
course requirements to an enrolled candidate who satisfactorily
completes a mathematics or reading professional development program
as described in this article if the program has been certified by the
Commission on Teacher Credentialing as meeting preparation
standards.


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.


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.