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<ns0:Id>20250AB__249097AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-16</ns0:ActionDate>
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<ns0:ActionDate>2026-04-06</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Valencia</ns0:AuthorText>
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<ns0:Name>Valencia</ns0:Name>
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<ns0:Title>An act to add Section 44303 to the Education Code, relating to teachers.</ns0:Title>
<ns0:RelatingClause>teachers</ns0:RelatingClause>
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<ns0:Subject>Teacher credentialing: substitute teachers: days of service.</ns0:Subject>
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<html:p>Existing law requires the Commission on Teacher Credentialing to establish standards and procedures for the issuance and renewal of credentials, certificates, and permits. Existing regulations prohibit a holder of an emergency substitute teaching permit from substitute teaching during the school year for any one teacher (1) for more than 30 days for a holder of an emergency 30-day substitute teaching permit or an emergency substitute teaching permit for prospective teachers, or (2) for more than 60 days for a holder of an emergency career substitute teaching permit. Existing law authorizes a person holding a valid credential authorizing substitute teaching to serve as a substitute for the appropriately credentialed special education teacher for not more than 20 cumulative school days for each special education teacher absent during each school year, except as otherwise provided.
Existing law, notwithstanding any other law, temporarily authorized, until July 1, 2024, any holder of a credential or permit issued by the commission that authorizes the holder to substitute teach in a general, special, or career technical education assignment to serve in a substitute teaching assignment aligned with their authorization, including for staff vacancies, for up to 60 cumulative days for any one assignment.</html:p>
<html:p>Existing law authorizes the commission to waive provisions governing the preparation or licensing of educators in certain situations. If a suitable fully prepared teacher is not available to the school district, existing law requires the school district to make reasonable efforts to recruit first a candidate who is qualified to participate and enrolls in an approved internship program in the region of the school district and then a candidate who is scheduled to complete the preliminary credential requirements within 6 months. Existing regulations
authorize a local employing agency to request a teaching permit for statutory leave when a teacher of record is unable to provide services due to a statutory leave and certain requirements are met.</html:p>
<html:p>This bill, notwithstanding any other law, would reestablish the above-described 60-cumulative day authorization for any one assignment in a school district, county office of education, or charter school, if the local educational agency has entered into a collective bargaining agreement with the employee organization that includes a specific process for the assignment of substitute teachers or, before using the authorization, the local educational agency that has not entered into a collective bargaining agreement with the employee organization that includes a specific process for the assignment of substitute teachers has adhered to specified requirements related
to whether the substitute will serve in a position in which the teacher on record is currently on statutory leave or the assignment is for a vacant position, as provided. The bill would require a school district or charter school, before assigning a substitute teacher pursuant to these provisions for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment, to either (1) obtain approval from the governing board or body at a regularly scheduled public meeting if the assignment is foreseeable, or (2) if the assignment is not foreseeable due to urgent circumstances, provide specified information related to the assignment to the governing board or body as an informational item at the next regularly scheduled public meeting of the governing board or body, as provided. The bill would require each county superintendent of schools, on a quarterly basis, to report to the respective county board of education the total number of substitute teachers employed by the
county superintendent of schools who served during the prior quarter for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment, as provided. If a local educational agency assigns a substitute teacher pursuant to these provisions and the substitute teacher does not have a preliminary or professional clear credential, the bill would require the local educational agency to ensure the substitute teacher receives, before beginning the first assignment for the local educational agency, at least 5 hours of professional development, an orientation training, and an assigned teaching mentor program, as provided. If a local educational agency makes an assignment where a substitute teacher teaches for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment, the bill would require the local educational agency, commencing with data from the
2027–28 school year, to annually report specified information to the Commission on Teacher Credentialing related to those assignments.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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(a)
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The Legislature finds and declares all of the following:
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<html:p>
(1)
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California’s public education system continues to experience teacher shortages, particularly in high-need subject areas and schools serving low-income pupils, English learners, and pupils with disabilities.
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<html:p>
(2)
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(A)
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In recent years, the state has sustained the number of pathways available to help local educational agencies fill classrooms when fully credentialed teachers are not available, including, but not limited to, the short-term staff permit, provisional internship permit,
teaching permit for statutory leave, emergency career substitute permit, and internship programs.
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<html:p>
(B)
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These pathways generally require evidence of recruitment efforts, governing board approval, and some form of professional preparation, support, or training which reflects California’s longstanding commitment to ensuring that flexibility in staffing is accompanied by safeguards for instructional quality.
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(3)
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The Legislature affirms that the long-term solution to staffing shortages must be a sustained commitment to fully credentialed, appropriately assigned teachers in every classroom.
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(4)
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This act is not intended to replace or diminish California’s commitment to educator quality, but to provide limited, time-bound flexibility
while the state strengthens and modernizes the substitute permitting framework.
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(b)
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It is the intent of the Legislature that the flexibility provided by this act that allows substitute teachers to serve up to 60 cumulative days per assignment be used only as a stopgap in rare circumstances where a higher quality option is not viable or not immediately available.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 44303 is added to the
<ns0:DocName>Education Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 44302</ns0:Positioning>
, to read:
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<html:p>
(a)
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Notwithstanding any other law, if a local educational agency complies with subdivision (b) or has entered into a collective bargaining agreement with the employee organization that includes a specific process for the assignment of substitute teachers, any holder of a credential or permit issued by the Commission on Teacher Credentialing that authorizes the holder to substitute teach in a general, special, or career technical education assignment may serve in a substitute teaching assignment aligned with their authorization, including for staff vacancies, for up to 60 cumulative days for any one assignment in the local educational agency.
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<html:p>
(b)
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Before using the
authorization pursuant to subdivision (a), a local educational agency that has not entered into a collective bargaining agreement with the employee organization that includes a specific process for the assignment of substitute teachers shall do either or both of the following, as applicable:
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<html:p>
(1)
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If the substitute will serve in a position in which the teacher on record is currently on statutory leave, employ all available and suitable substitute teachers who hold a teaching permit for statutory leave, as described in Section 80022 of Title 5 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For assignments in vacant positions, or where the use of a teaching permit for statutory leave is not allowed under existing law, make reasonable efforts to recruit an individual for the assignment
pursuant to Section 44225.7.
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<html:p>
(c)
<html:span class="EnSpace"/>
Before assigning a substitute teacher pursuant to the authority provided in this section for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment, a school district or charter school shall do either of the following, as applicable:
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<html:p>
(1)
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If the assignment is foreseeable, obtain approval from the governing board or body at a regularly scheduled public meeting. The item shall include the schoolsite and assignment details, the anticipated duration, and a statement that the assignment is being made under the authority of this section.
</html:p>
<html:p>
(2)
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If the assignment is unforeseeable due to urgent circumstances, the school district or charter school
shall provide the information described in paragraph (1) as an informational item at the next regularly scheduled public meeting of the governing board or body. This informational item shall also include a brief explanation of the unforeseen circumstances that prevented advance approval pursuant to paragraph (1).
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<html:p>
(d)
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A county superintendent of schools shall, on a quarterly basis, report to the respective county board of education at a regularly scheduled meeting held in accordance with public notification requirements the total number of substitute teachers employed by the county superintendent of schools who served during the prior quarter for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment pursuant to this section.
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<html:p>
(e)
<html:span class="EnSpace"/>
(1)
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If a local educational agency assigns a substitute teacher pursuant to the authority provided in this section and the substitute teacher does not have a preliminary or professional clear credential, the local educational agency shall ensure the substitute teacher receives all of the following before beginning the first assignment for the local educational agency:
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<html:p>
(A)
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At least five hours of professional development.
</html:p>
<html:p>
(B)
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An orientation training that includes, but is not limited to, classroom management, academic instructional strategies, and pupil and staff safety protocols.
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<html:p>
(C)
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An assigned teaching mentor program to provide ongoing support, which may include, but not be limited to, a
partnership with an experienced teacher or school administrator.
</html:p>
<html:p>
(2)
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Local educational agencies may use existing trainings to satisfy the requirements of paragraph (1).
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<html:p>
(3)
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A substitute teacher who has received the development, training, and support identified in paragraph (1) shall qualify to serve in a single classroom for up to 60 days.
</html:p>
<html:p>
(f)
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(1)
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A local educational agency shall, commencing with data from the
2027–28 school year, annually report to the Commission on Teacher Credentialing the number of assignments where a substitute teacher served for more than 20 cumulative days in a special education assignment or 30 cumulative days in any one assignment.
</html:p>
<html:p>
(2)
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Reporting pursuant to paragraph (1) shall include a separate identification of placements where a substitute teacher served due to a vacant teaching position where no teacher of record exists or due to a teacher leave where a teacher of record exists but is absent.
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<html:p>
(g)
<html:span class="EnSpace"/>
(1)
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This section does not constitute a change in existing law which provides that emergency credentialed substitute teachers serving in assignments beyond their authorized period or substitute teachers serving in vacant teaching positions are not considered properly assigned as described in Sections 33126,
35186, and 44258.9.
</html:p>
<html:p>
(2)
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This section does not amend the definition of a vacant teacher position pursuant to Section 33126 or a teacher vacancy pursuant to Section 35186.
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<html:p>
(h)
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This section does not amend the requirements of a short-term staff permit, provisional internship permit, or teaching permit for statutory leave, as described in Sections 80021, 80021.1, and 80022, respectively, of Article 2 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations.
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<html:p>
(i)
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For purposes of this section, “local educational agency” means a school district, county office of education, or charter school.
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