AB1216 - Elementary and secondary education: omnibus.

Assembly Bill No. 1216 CHAPTER 88 An act to amend Sections 8208, 44256, 48901.7, and 51222 of the Education Code, relating to elementary and secondary education. [ Approved by Governor July 30, 2025. Filed with Secretary of State July 30, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1216, Committee on Education. Elementary and secondary education: omnibus. (1) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential who either (A) has completed specified coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, or (B) has been verified as having subject matter competence, as specified, for any subject commonly taught in grades 7 to 12, inclusive, other than the subject for which the credentialholder is already certificated to teach, to be eligible to have that subject appear on their credential as an authorization to teach that subject. This bill would revise the above-described eligibility requirements for a credentialholder to have a subject appear on their credential as an authorized subject for the credentialholder teach by removing the qualification that the subject be one that the credentialholder is not already credentialed to teach. (2) Existing law requires both the adopted course of study for grades 1 to 6, inclusive, to include physical education for a total period of time of not less of than 200 minutes each 10 schooldays, as specified, and the adopted course of study for grades 7 to 12, inclusive, to require all pupils to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, unless an alternate term schedule described below has been adopted or the pupil has been excused or exempted, as provided. Existing law authorizes the governing board of a school district maintaining any of grades 6 to 12, inclusive, to adopt a policy providing for an alternate term schedule for physical education courses if certain conditions are met, including, among others, that pupils in grade 6 receive no less than 400 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year, and that pupils in grades 7 to 12, inclusive, receive no less than 800 minutes of instruction every 10 days for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year. This bill would clarify that the alternative term schedule minimum minute requirements are required to be calculated instead by schooldays. (3) This bill would correct cross references and references to entities. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 8208 of the Education Code, as amended by Section 7 of Chapter 73 of the Statutes of 2024, is amended to read: 8208. (a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met: (A) The child is one of the following: (i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1. (ii) A three-year-old child. (iii) A four-year-old child. (iv) Enrolled in kindergarten pursuant to Section 48000. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to two-, three-, and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2). (4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school, as set forth in Section 8217, may enroll two-, three-, and four-year-old children. (b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000. (c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1). (B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii). (ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1). (iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1). (3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (4) (A) Notwithstanding 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022. (B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023. (d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met: (A) The child is one of the following: (i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1. (ii) A three-year-old child. (iii) A four-year-old child. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (C) The child’s family needs the childcare services because of either of the following: (i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following: (I) A recipient of protective services. (II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation. (III) Being homeless. (ii) The child’s parents are one of the following: (I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession. (II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate. (III) Employed or seeking employment. (IV) Seeking permanent housing for family stability. (V) Incapacitated. (2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A). (ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III). (II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A). (III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A). (C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (D) (i) Notwithstanding 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) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022. (ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023. (3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may [Text truncated for display. Full text available on Congress.gov.]