Bill Text: CA AB638 | 2023-2024 | Regular Session | Amended


Bill Title: Golden State Teacher Grant Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB638 Detail]

Download: California-2023-AB638-Amended.html

Amended  IN  Assembly  April 20, 2023
Amended  IN  Assembly  April 10, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 638


Introduced by Assembly Member McCarty

February 09, 2023


An act to amend Section 69617 of the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 638, as amended, McCarty. Golden State Teacher Grant Program.
Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission to award grants to students enrolled in professional preparation programs leading to a preliminary teaching credential or a pupil personnel services credential who commit to work at a priority school for 4 years, as provided. Existing law defines “priority school ” as a school with 55% or more of its pupils being unduplicated pupils, as defined. Existing law makes funds appropriated for the program in the Budget Acts of 2020 and 2021 available for encumbrance or expenditure by the commission until June 30, 2026.
This bill would instead require, commencing with new grants awarded on or after January 1, 2024, the student candidates to commit to work for 4 years in a shortage area, as designated by the Commission on Teacher Credentialing, at any California public or private nonpublic school, as provided. The bill would make funds appropriated for the Golden State Teacher Grant Program in the Budget Acts of 2022 and 2023 available for encumbrance or expenditure by the commission until June 30, 2028.
Existing law requires the commission to conduct an evaluation of the program to determine the effectiveness of the program to recruit and employ credential candidates and credentialholders at priority schools, and to provide a report to the Legislature on or before December 31, 2025, and every 2 years thereafter, as provided.
This bill would revise and conform requirements regarding the evaluation of the program, and would require the Student Aid Commission to annually collect demographic data on the recipients of the grant programs, commencing with new grants awarded on or after January 1, 2024, and to annually report that information to the Legislature, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 69617 of the Education Code is amended to read:

69617.
 (a) (1) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Golden State Teacher Grant Program. Under the program, the commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after January 1, 2020, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, if the student commits to working in a shortage area at any California public or private nonpublic school for four years within the eight years following the date the student completes the professional preparation program.
(2) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021 shall be available for encumbrance or expenditure by the commission until June 30, 2026.
(3) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2022 and the Budget Act of 2023 shall be available for encumbrance or expenditure by the commission until June 30, 2028.
(4) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed twenty thousand dollars ($20,000).
(b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020, the Budget Act of 2021, the Budget Act of 2022, and the Budget Act of 2023.
(c) (1) A grant recipient shall agree to serve in a shortage area at any California public or private nonpublic school for four years and shall have eight years, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state 25 percent of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following:
(A) Be enrolled in or have successfully completed a professional preparation program approved by the Commission on Teacher Credentialing.
(B) While enrolled in the professional preparation program, maintain good academic standing.
(C) Before or upon completion of the professional preparation program, satisfy the state basic skills requirement pursuant to Sections 44252 and 44252.5.
(D) Complete the required teaching service or clinical practice following completion of the recipient’s professional preparation program.
(E) Complete their teacher preparation program and earn a preliminary credential within three years after the first distribution of grant funds.
(2) Nonperformance of the commitment to serve in a shortage area for four years shall be certified by the commission.
(3) Nonperformance of the commitment to earn a preliminary teaching credential or pupil personnel services credential shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission.
(4) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not necessarily be limited to, counting a school year towards the required four-year service requirement if a grant recipient is unable to complete the school year when any of the following occur:
(A) The grant recipient has completed at least one-half of the school year.
(B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(C) The grant recipient was not able to serve due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year.
(D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law.
(E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(d) The commission may use up to 1.5 percent of funding appropriated for purposes of this section for outreach and administration.
(e) The commission shall develop a process by which students interested in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential may submit a request for a preenrollment conditional award notice from the commission. The notice shall provide information regarding the Golden State Teacher Grant Program award amount the student may be eligible to receive upon enrollment in the professional preparation program and formal application to the commission to participate in the Golden State Teacher Grant Program.
(f) (1) A “shortage area” means a subject area designated annually by the Commission on Teacher Credentialing based on an analysis of the availability of teachers in California pursuant to Section 44225.6, at a California public or private nonpublic school.
(2) The commission, in coordination with the State Department of Education, shall publish a list of shortage areas pursuant to paragraph (1) by April 15 of each year.
(g) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Golden State Teacher Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code.
(2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2025.
(3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(h) (1) The commission shall conduct, in partnership with the Commission on Teacher Credentialing, an evaluation of the Golden State Teacher Grant Program to determine the effectiveness of the program in recruiting, developing support systems for, and retaining teachers and credentialholders prepared to serve in commission-designated shortage areas, using data and evaluation guidelines that are consistent with the evaluation conducted of teacher residency programs established under Article 16 (commencing with Section 44415) of Chapter 2 of Part 25 of Division 3 of Title 2. Notwithstanding Section 10231.5 of the Government Code, the commission shall provide, with respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2025, and every two years thereafter.
(2) (A) Notwithstanding Section 10231.5 of the Government Code, the commission shall annually collect demographic data on grant award recipients, and shall annually report the demographic data to the Legislature.
(B) The report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(i)  The commission shall accept applications for the Golden State Teacher Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows institutions of higher education to provide applicants with grant eligibility determinations before the deadline for enrolling in their professional preparation program.
(j) The commission shall permit grant recipients to receive funds in more than one academic year, provided the total amount of funds granted to any applicant does not exceed twenty thousand dollars ($20,000).
(k) The changes made to this section by Assembly Bill 638 of the 2023–24 Regular Session shall apply only to new grants awarded pursuant to this section on or after January 1, 2024.

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