| Last Version Text |
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<ns0:ActionText>CHAPTERED</ns0:ActionText>
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<ns0:ActionText>APPROVED</ns0:ActionText>
<ns0:ActionDate>2025-10-01</ns0:ActionDate>
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<ns0:ActionText>FILED</ns0:ActionText>
<ns0:ActionDate>2025-10-01</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>753</ns0:MeasureNum>
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<ns0:ChapterNum>165</ns0:ChapterNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Garcia</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Garcia</ns0:Name>
</ns0:Legislator>
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<ns0:Title>An act to add Section 8231.5 to, and to add and repeal Section 8301.1 of, the Education Code, and to add Section 10267.6 to, and to add and repeal Section 10383.1 of, the Welfare and Institutions Code, relating to childcare, and declaring the urgency thereof, to take effect immediately.</ns0:Title>
<ns0:RelatingClause>childcare, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Childcare: facility licensure: teacher requirements.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive.</html:p>
<html:p>Existing law, the Early Education Act, requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. </html:p>
<html:p>Those acts authorize a person to serve in an instructional capacity in a childcare and development program or a preschool program if they possess a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single-subject credential in home economics, and 12 units in early childhood education or child
development, or both, or 2 years’ experience in early childhood education or a childcare and development program.</html:p>
<html:p>This bill would, notwithstanding these provisions, authorize the commission to issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to specified supervision requirements. The bill would require the applicant to meet specified requirements, including, among others, having at least 6 units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof. The bill would require a contracting agency that employs a person who holds an assistant teacher permit to maintain a copy of the
permitholder’s education plan in their employee file. The bill would prohibit the number of assistant teacher permitholders employed by a contracting agency at one site from exceeding 50% of the number of classrooms at that site. The bill would prohibit a contracting agency from assigning more than one assistant teacher to each classroom. The bill would make these permits valid for no more than 2 years and would prohibit their renewal. The bill would require the commission to implement these provisions by no later than January 30, 2026.</html:p>
<html:p>This bill would make these provisions inoperative one year after the implementation of the commission’s revised
child development permit matrix, or January 1, 2029, whichever is later, and would repeal these provisions as of that date.</html:p>
<html:p>The bill would authorize the Superintendent of Public Instruction and the Director of Social Services, respectively, to require a contracting agency that employs a person who holds an assistant teacher permit to provide data on the number of employees who have been issued an assistant teacher permit pursuant to the above-described provisions, or who
qualified for waivers, as specified. The bill would authorize the collection of this data by survey or by another collection method and require the data be provided as part the contracting agency’s annual plan for its program self-evaluation process, or as part of an existing reporting process, as specified. The bill would also make certain findings and declarations.</html:p>
<html:p>This bill would declare that it is to take effect immediately as an urgency statute.</html:p>
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<ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
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<ns0:Urgency>YES</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_5DE7D5CD-205A-49B2-A47B-90ABE7C82541">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
California’s early learning and childcare system is currently facing a dire staffing shortage, impacting the availability of quality care for children from birth to five years of age, inclusive.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Quality childcare provides a setting where children can engage in educational and social activities that foster cognitive, emotional, and social development. Without these opportunities, children may miss out on critical learning experiences that prepare them for school and life.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When families cannot access childcare, their economic mobility is often limited.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Given the demographics of the families who primarily utilize these services, a lack of early learning and childcare services can exacerbate the existing opportunity and achievement gap.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Eradicating barriers for Californians to enter the early learning and childcare profession is important for families, children, and the economy. Therefore, this measure is necessary to address the system’s dire staffing crisis that limits options for working families.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 8231.5 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_57797232-BF80-4533-BDD6-1B5A952489E1">
<ns0:Num>8231.5.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Superintendent may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of
Section 8298. The data may be collected by survey or by another collection method. The data shall be provided to the department as part of the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the Superintendent.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Section 33308.5 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Superintendent may develop informal directives and bulletins to implement this
section.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 8301.1 is added to the
<ns0:DocName>Education Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_3F47C978-C5D4-47F0-84CE-5F58E773C048">
<ns0:Num>8301.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 8295 and 8301, the Commission on Teacher Credentialing may issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to the supervision requirements described in subdivision (b). This assistance may include temporarily supervising children independently for no more than 120 minutes per day while the supervising employee leaves the classroom for purposes of offering flexibility for classroom support, during breaks, or escorting children outside of the classroom. The commission may issue a permit under this section provided that all
of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant has at least six units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant has an education plan updated each academic year and is enrolled in a course or courses to meet the requirements for the next level permit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant is sponsored by an employer who has a current contract with the State Department of Education to be a California state preschool program provider.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An employee who holds an assistant teacher permit pursuant to subdivision (a) shall be under the supervision of an
employee who holds a valid commission-issued child development permit at the teacher level, or at an equivalent or higher permit level.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A contracting agency that employs a person who holds an assistant teacher permit pursuant to subdivision (a) shall maintain a copy of the permitholder’s current education plan in their employee file.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A permit issued pursuant to subdivision (a) shall be valid for no more than two years from the date of issuance and shall not be renewed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The number of assistant teacher permitholders employed by a contracting agency at one site shall not exceed 50 percent of the number of classrooms at that site. The contracting agency shall not assign more than one assistant teacher to each classroom.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not be construed to grant to a person issued with an assistant teacher permit pursuant to this section with the rights and responsibilities of an associate teacher permitholder, or equivalent permitholder, or higher permitholder.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of management bulletins or similar instructions until regulations are adopted.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The commission shall implement this section by no later than January 30, 2026.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become inoperative one year after the implementation of the commission’s revised child development permit matrix, or January 1, 2029, whichever is later, and, as of that date, is repealed.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 10267.6 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C04E8580-2A15-4169-9C8D-B8F92C17A83D">
<ns0:Num>10267.6.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The director may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of Section
10242. The data may be collected by survey or by another collection method. The data shall be provided to the department as part the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the director.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may develop informal directives and bulletins to implement this section.
</html:p>
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<ns0:BillSection id="id_ACE885A1-CB41-4CB5-B82B-79D096D527B2">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 10383.1 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C9FABBB1-B15D-474C-9319-8109B8724336">
<ns0:Num>10383.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9DD262C2-55E2-400D-924D-30329D930577">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 10380 and 10383, the Commission on Teacher Credentialing may issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to the supervision requirements described in subdivision (b). This assistance may include temporarily supervising children independently for no more than 120 minutes per day while the supervising employee leaves the classroom for purposes of offering flexibility for classroom support, during breaks, or escorting children outside of the classroom. The commission may issue a permit under this section provided
that all of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant has at least six units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant has an education plan updated each academic year and is enrolled in a course or courses to meet the requirements for the next level permit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant is sponsored by an employer who has a current contract with the State Department of Social Services to be a child development program provider.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An employee who holds an assistant teacher permit pursuant to subdivision (a) shall be under the
supervision of an employee who holds a valid commission-issued child development permit at the teacher level, or at an equivalent or higher permit level.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A contracting agency that employs a person who holds an assistant teacher permit pursuant to subdivision (a) shall maintain a copy of the permitholder’s current education plan in their employee file.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A permit issued pursuant to subdivision (a) shall be valid for no more than two years from the date of issuance and shall not be renewed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The number of assistant teacher permitholders employed by a contracting agency at one site shall not exceed 50 percent of the number of classrooms at that site. The contracting agency shall not assign more than one assistant teacher to each classroom.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not be construed to grant to a person issued with an assistant teacher permit pursuant to this section with the rights and responsibilities of an associate teacher permitholder, or equivalent permitholder, or higher permitholder.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of childcare bulletins or similar instructions until regulations are adopted.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The commission shall implement this section by no later than January 30, 2026.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall become inoperative one year after the implementation of the commission’s revised child development permit matrix, or January 1, 2029, whichever is later, and, as of that date, is repealed.
</html:p>
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<ns0:BillSection id="id_CA02C070-2806-4892-8468-992477CF71E6">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
<html:p>To address the dire staffing shortage faced by California’s early learning and childcare system, it is necessary for this act to take immediate effect.</html:p>
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|
| Last Version Text Digest |
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, requires the department to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. Existing law, the Early Education Act, requires the Superintendent of Public Instruction to provide an inclusive and cost-effective preschool program. Those acts authorize a person to serve in an instructional capacity in a childcare and development program or a preschool program if they possess a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single-subject credential in home economics, and 12 units in early childhood education or child development, or both, or 2 years’ experience in early childhood education or a childcare and development program. This bill would, notwithstanding these provisions, authorize the commission to issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to specified supervision requirements. The bill would require the applicant to meet specified requirements, including, among others, having at least 6 units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof. The bill would require a contracting agency that employs a person who holds an assistant teacher permit to maintain a copy of the permitholder’s education plan in their employee file. The bill would prohibit the number of assistant teacher permitholders employed by a contracting agency at one site from exceeding 50% of the number of classrooms at that site. The bill would prohibit a contracting agency from assigning more than one assistant teacher to each classroom. The bill would make these permits valid for no more than 2 years and would prohibit their renewal. The bill would require the commission to implement these provisions by no later than January 30, 2026. This bill would make these provisions inoperative one year after the implementation of the commission’s revised child development permit matrix, or January 1, 2029, whichever is later, and would repeal these provisions as of that date. The bill would authorize the Superintendent of Public Instruction and the Director of Social Services, respectively, to require a contracting agency that employs a person who holds an assistant teacher permit to provide data on the number of employees who have been issued an assistant teacher permit pursuant to the above-described provisions, or who qualified for waivers, as specified. The bill would authorize the collection of this data by survey or by another collection method and require the data be provided as part the contracting agency’s annual plan for its program self-evaluation process, or as part of an existing reporting process, as specified. The bill would also make certain findings and declarations. This bill would declare that it is to take effect immediately as an urgency statute. |