AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE JUNE 8, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

URGENCY STATUTE

Introduced by Committee on Education

February 20, 2026

An act to amend Sections 44320 and 48204.3 44320, 48004, 48204.3, and 51461 of the Education Code, relating to elementary and secondary education, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

Vote: 2/3   Appropriation: yes   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law requires the Commission on Teacher Credentialing to establish standards for the issuance and renewal of credentials. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation, as specified. Existing law also authorizes the commission to issue a PK–3 early childhood education specialist instruction credential, as provided. Existing law requires a candidate for a credential to obtain a certificate of clearance from the commission before admission to student teaching under any professional preparation program approved by the commission, or participation in a field experience program, as provided.

This bill would revise and recast that latter provision by requiring a candidate, before admission to any professional preparation program approved by the commission for one of the above-described credentials to provide verification that the candidate either (1) (A) holds a valid permit or credential previously issued by the commission or (2) (B) has applied for a certificate of clearance from the commission. For a candidate who provides verification that the candidate has applied for a certificate of clearance, the bill would require the candidate to obtain the certificate of clearance before beginning student teaching, clinic practice, or participation in a field experience program, as provided.

This bill would require a professional preparation program approved by the commission for one of the above-described credentials to (1) (A) submit specified candidate profile information to the commission for each enrolled credential candidate within 30 days of the candidate beginning the program, (2) (B) update each candidate’s profile information annually, and (3) (C) indicate to the commission a candidate’s program completion within 30 days of the candidate completing all credential requirements.

(3) Existing law provides that each person between 6 and 18 years of age not exempted is subject to compulsory full-time education and requires a person subject to compulsory education to attend the public full-time day school or continuation school or classes in the school district in which the residence of the parents or legal guardian is located. Existing law requires a school district to accept enumerated documentation, including property tax payment records, as reasonable evidence of a pupil’s residence. Existing law states that a pupil complies with the residency requirements if the pupil’s parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. Existing law authorizes a parent to use one of several enumerated addresses, including that of a temporary on-base billeting facility, for purposes of school application, enrollment, and registration.

This bill would expand the list of addresses authorized for the purposes identified above to include, among others, an off-base hotel. To the extent the bill imposes additional duties on school districts, the bill would impose a state-mandated local program.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(6) This bill would declare that it is to take effect immediately as an urgency statute.

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

SECTION 1.

Section 44320 of the Education Code is amended to read:

44320.

(a) Professional preparation, including student teaching, shall be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the College of the Law, San Francisco. No more than nine semester units, or the equivalent, of professional education courses may be designated as prerequisites for purposes of admission to student teaching, except that, to satisfy the English language requirement as set forth in paragraph (3) of subdivision (b) of Section 44259, candidates may be required to take 12 semester units, or the equivalent, as professional education prerequisites to student teaching.

(b) The commission shall encourage institutions of higher education that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California Beginning Teacher Support and Assessment Program pursuant to Section 44279.2. If local educational agencies and institutions of higher education voluntarily agree to implement the program, the following provisions shall apply to each collaborative effort:

(1) Institutions of higher education and local educational agencies shall coordinate and articulate the program of professional preparation and the California Beginning Teacher Support and Assessment Program, so the two programs provide continuity in the preparation, support, and assessment of beginning teachers.

(2) At the discretion of an institution of higher education that participates in a collaborative effort, the program of professional preparation may be submitted to the commission for approval as a program of preparation, support, and assessment that is at least two years long.

(3) In each program of preparation, support, and assessment, the institution of higher education shall make it possible for each candidate to complete all requirements for a valid teaching credential in the equivalent of one year of full-time study.

(4) An institution of higher education that participates in a collaborative effort may, at its discretion, determine that successful completion of the support and assessment components of an articulated program of professional preparation, support, and assessment fulfills some or all of the requirements of subdivision (c) of Section 44259, and may accordingly recommend applicants for the professional teaching credential. The standards and criteria for making these determinations and recommendations shall be included in the institution’s proposal for a program.

(5) A local educational agency that collaborates, at its own discretion, with an institution of higher education in the design and delivery of an articulated program of professional preparation, support, and assessment that meets the standards and criteria pursuant to subdivision (c) of Section 44279.2, and that receives funds pursuant to the annual Budget Act, may contract with the institution of higher education to pay the institution’s costs of designing and delivering the support and assessment components of the program.

(c) Local educational agencies that are approved by the commission to provide programs of personalized preparation to candidates for designated subjects teaching credentials are encouraged to participate in the design and delivery of local programs under the California Beginning Teacher Support and Assessment Program pursuant to Article 4.5 (commencing with Section 44279.2), in a manner consistent with subdivision (b).

(d) (1) Before admission to any professional preparation program approved by the commission for a multiple subject credential, single subject credential, PK–3 early childhood education specialist instruction credential, or education specialist credential, a candidate shall provide verification to the professional preparation program that one of the following holds true for the candidate:

(A) The candidate holds a valid permit or credential previously issued by the commission.

(B) The candidate has applied for a certificate of clearance from the commission that shall be issued when the commission has verified the candidate’s personal identification and health status.

(2) Before beginning student teaching, clinic practice, or participation in a field experience program as described in Section 44324, a candidate described in subparagraph (B) of paragraph (1) shall have obtained the certificate of clearance. The fee for the certificate of clearance shall not exceed one-half of the regular fee for a credential and shall be deducted from the fee for the initial credential applied for by the certificate holder.

(e) A professional preparation program approved by the commission for a multiple subject credential, single subject credential, PK–3 early childhood education specialist instruction credential, or education specialist credential shall do all of the following:

(1) (A) Submit candidate profile information to the commission for each enrolled credential candidate within 30 days of the candidate beginning the program.

(B) The candidate profile information shall include, but not be limited to, the candidate’s credential program, type of credential being sought, and preparation pathway, including residency, student teaching, internship, or other preparation pathway, as determined by the commission.

(2) Annually update each candidate’s profile information described in subparagraph (A) of paragraph (1) to indicate continued enrollment in, or departure from, the program.

(3) Indicate to the commission a candidate’s program completion within 30 days of the candidate completing all credential requirements.

SEC. 2.

Section 48004 of the Education Code is amended to read:

48004.

(a) The Legislature finds and declares all of the following:

(1) With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language.

(2) The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy.

(3) Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils.

(4) With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate.

(5) As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status.

(6) It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten.

(7) It is further the intent of the Legislature that local educational agencies provide language development support to multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism.

(8) It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening.

(b) (1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support the identification of multilingual learners in transitional kindergarten.

(B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs.

(2) (A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes:

(i) To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and free of cost to, local educational agencies.

(ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c).

(B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028. 2029.

(3) For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

(c) (1) (A) Commencing with the 2027–28 2028–29 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section 48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(2) In the 2026–27 2027–28 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(d) The screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements:

(1) Have psychometric properties of reliability and validity deemed adequate by technical experts.

(2) Be developmentally and age-appropriate for pupils in transitional kindergarten.

(3) Be capable of administration to pupils with a primary language other than English.

(4) Be capable of administration by classroom teachers or other adults assigned to the classroom.

(5) Not discriminate on the basis of race, ethnicity, or gender.

(e) Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program.

(f) Results of the screening administered pursuant to this section shall not be used for any of the following:

(1) To identify a pupil as an English learner pursuant to Section 306.

(2) Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs.

(g) (1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive.

(2) This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810.

(h) This section does not preclude an educator from providing language development support to pupils in transitional kindergarten based on classroom observations and the educator’s interactions with a pupil.

(i) For purposes of this section, the following definitions apply:

(1) “English learner” has the same meaning as defined in subdivision (a) of Section 306.

(2) “Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations.

(3) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000.

(4) “Local educational agency” means a school district, county office of education, or charter school.

(5) “Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b).

(j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year.

(k) Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent.

SEC. 2.SEC. 3.

Section 48204.3 of the Education Code is amended to read:

48204.3.

(a) For purposes of this section, the following definitions apply:

(1) “Active military duty” means full-time military duty status in the active uniformed service of the United States, including members of the California National Guard and the State Guard on active duty orders pursuant to Title 10 or 32 of the United States Code or Part 1 (commencing with Section 100) of Division 2 of the Military and Veterans Code.

(2) “Military installation” means a base, camp, post, station, yard, center, home port facility for any ship, or other activity under the jurisdiction of the United States Department of Defense or the United States Coast Guard.

(3) “Parent” means the natural or adoptive parent or guardian of a dependent child.

(b) (1) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if the pupil is a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.

(2) For purposes of paragraph (1), “pupil” includes a pupil eligible for services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable.

(c) A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration for pupils described in subdivision (b).

(d) (1) The parent shall provide proof of residence in the school district, including by using any of the documents described in subdivision (a) of Section 48204.1, within 10 days after the published arrival date provided on official documentation.

(2) For purposes of paragraph (1), a parent may use any of the following addresses as related to their military move:

(A) A temporary on-base billeting facility or off-base hotel.

(B) A purchased or leased home or apartment.

(C) Federal government or public-private venture on- or off-base military housing.

(D) Other temporary housing.

(e) Upon notification that a pupil enrolling pursuant to this section is receiving, or may be eligible to receive, services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable, the school district shall promptly coordinate with the pupil’s parents and previous school pursuant to Section 56325 to ensure the timely exchange of records and to reduce any delays in the pupil receiving comparable services or accommodations from the school district, including, but not limited to, implementation of their individualized education program, individualized family service plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), as applicable.

SEC. 4.

Section 51461 of the Education Code is amended to read:

51461.

(a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets the following criteria for being proficient in English and one or more languages other than English:

(1) Proficiency in English shall be demonstrated through one of the following requirements:

(A) Completion of all English language arts requirements for graduation with an overall grade point average of 3.0 or above in those classes. Completion of one or more English language arts courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above may also be used to satisfy one or more course requirements of this subparagraph.

(B) Passing the California Assessment of Student Performance and Progress for English language arts, or any successor test, administered in grade 11, at or above the “standard met” achievement level, level 3, or at the achievement level determined by the Superintendent for any successor test.

(C) (i) Passing an English Advanced Placement examination with a score of 3 or higher or an English International Baccalaureate examination with a score of 4 or higher.

(ii) For purposes of clause (i), “English Advanced Placement” means Advanced Placement English Language and Composition, Advanced Placement English Literature and Composition, or Advanced Placement Seminar.

(D) Achieving a score of 480 or higher on the Evidence-Based Reading and Writing section of the SAT.

(2) Proficiency in one or more languages other than English shall be demonstrated through one of the following requirements:

(A) Passing a world language Advanced Placement examination with a score of 3 or higher, passing a world language International Baccalaureate examination with a score of 4 or higher, or passing a world language ACTFL Writing Proficiency Test (WPT) and an Oral Proficiency Interview (OPI) with scores of Intermediate Mid or higher. higher, or, beginning with the 2024–25 school year, achieving at a level 3 on the high school California Spanish Assessment (CSA).

(B) Successful completion of a four-year course of study of content in a world language at a high school or higher level attaining an overall grade point average of 3.0 or above in that course of study, and oral proficiency in the language comparable to that required pursuant to subparagraph (A). Pupils may also satisfy the requirements of this subparagraph by either or both of the following:

(i) Successful completion of high school level courses completed in another country in a language other than English with the equivalent of an overall grade point average of 3.0 or above, as verified through a transcript.

(ii) Completion of one or more world language courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above and oral proficiency in the language comparable to that required pursuant to subparagraph (A), as verified through a transcript.

(C) (i) If no Advanced Placement examination or off-the-shelf language test exists and the school district can certify to the Superintendent that the test meets the rigor of a four-year high school course of study in that world language, passing a school district language examination that, at a minimum, assesses speaking, reading, and writing in a language other than English at the proficient level or higher. If a school district offers a language examination in a language in which an Advanced Placement examination or off-the-shelf language test exists, the school district language examination shall be approved by the Superintendent for the purpose of determining proficiency in a language other than English.

(ii) Notwithstanding clause (i), a pupil who seeks to qualify for the State Seal of Biliteracy through a language that is not characterized by listening, speaking, or reading, or for which there is no written system, shall pass an assessment on the modalities that characterize communication in that language at the proficient level or higher.

(b) If a pupil in any of grades 9 to 12, inclusive, is an English learner, the pupil shall meet both of the following criteria in order to qualify for the State Seal of Biliteracy:

(1) Attain an Oral Language composite score of level 4 on the English Language Proficiency Assessments for California, or any successor English oral language proficiency assessment, in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive.

(2) Demonstrate proficiency in English through one of the accomplishments listed in paragraph (1) of subdivision (a) and demonstrate proficiency in one or more languages other than English through one of the accomplishments listed in paragraph (2) of subdivision (a).

(c) For languages in which an Advanced Placement test is not available, the Superintendent may provide a listing of equivalent summative tests that school districts may use in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). A school district may provide the Superintendent with a list of equivalent summative tests that the school district uses in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). The Superintendent may use lists received from school districts in developing the Superintendent’s list of equivalent summative tests.

(d) For purposes of this article, “world language” has the same meaning as defined in Section 91.

(e) Notwithstanding subdivision (a), for those pupils on track to graduate in 2022 and who were unable to take the assessment identified in subparagraph (B) of paragraph (1) of subdivision (a), the Superintendent may use the assessments identified in Section 121 of Chapter 44 of the Statutes of 2021 to determine whether a pupil obtained the achievement level on a grade 11 English language arts assessment for the purposes of subparagraph (B) of paragraph (1) of subdivision (a).

SEC. 3.SEC. 5.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 4.SEC. 6.

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: