## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 2. STATE ADMINISTRATION [33000 - 33804] ( Division 2 enacted by Stats. 1976, Ch. 1010. ) ## PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] ( Part 20 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State Department of Education [33300 - 33479.9] ( Heading of Chapter 3 amended by Stats. 1980, Ch. 1059, Sec. 2. ) ## ARTICLE 1. General Provisions [33300 - 33319.6] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 33319.6. (a) No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, and grades 1 to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria. Professional development programs that meet the criteria and guidance may be used by local educational agencies for training certificated and classified staff who provide literacy instruction or who support any teacher who provides literacy instruction. The list shall include programs offered in different modalities, including in-person and virtual formats, and the criteria and guidance shall ensure that programs follow the precepts of effective professional development; are content focused, interactive, and collaborative; provide models of effective practice, coaching, and opportunities for feedback and reflection; provide adequate time to master the concepts being taught; and include periodic checks to demonstrate mastery of the concepts. The criteria and guidance shall also ensure that the programs meet all of the following criteria: (1) Include the requirements described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259 and evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. (2) Align to the Commission on Teacher Credentialing’s current teaching performance expectations as specified in Section 44259.7. (3) Align to the English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board. (4) Align to the program guidelines for dyslexia developed pursuant to Section 56335. (b) The state board and department shall solicit interestholder input when developing the criteria, guidance, and list of professional development programs pursuant to subdivision (a). (c) (1) The department, before incurring substantial costs for the review of professional development programs, shall require that a professional development program provider that intends to submit materials for review to first declare their intent to submit one or more professional development programs for review. After a professional development program provider has declared their intent to submit one or more professional development programs for review, and until September 30, 2026, the department may assess a fee on the submitting professional development program provider in an amount, consistent with paragraph (3), that shall not exceed the reasonable costs to the department to conduct a review of the submitted materials pursuant to this section, excluding the review of professional development programs submitted from local educational agencies described in paragraph (7). (2) The fee shall be payable by the professional development program provider even if the professional development provider subsequently chooses to withdraw one or more professional development programs from review. A submission by a professional development program provider shall not be reviewed until the fee has been paid in full. (3) The fee assessed shall not exceed ten thousand dollars ($10,000) for each professional development program submitted for review. The department shall take reasonable steps to limit costs of the review and to keep the fee modest. It is the intent of the Legislature that the fee not be so substantial that it prevents small professional development program providers from participating. (4) Upon the request of a small professional development program provider, the department may reduce the fee. (5) The fees to be charged shall be approved by the executive director of the state board before being publicly posted on the department’s internet website. (6) Revenue derived from fees assessed pursuant to this subdivision shall be budgeted as reimbursements, subject to review through the annual budget process, and may be used to pay for costs associated with the review and approval of professional development programs. (7) Local educational agencies that submit professional development programs for review, either as a standalone professional development program provider or in a partnership that includes only local educational agencies, shall be exempt from paying the fee authorized pursuant to this subdivision. (d) (1) (A) The department shall make funding available for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the professional development programs that meet the criteria and guidance approved pursuant to subdivision (a). The Superintendent shall apportion these funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the data submitted through the California Longitudinal Pupil Achievement Data System as of October 2025. (B) A local educational agency may expend the funds received pursuant to this subdivision from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive. A local educational agency shall ensure that teachers and all other certificated employees complete training offered pursuant to this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (2) (A) (i) If a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds shall be used to provide opportunities for professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have not passed the literacy performance assessment pursuant to Section 44320.3 or have not already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a), using one or more of the professional development programs approved pursuant to subdivision (a), except as provided in clause (ii). (ii) Notwithstanding clause (i), if a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds may be used to provide opportunities for professional development using a professional development program not approved pursuant to subdivision (a), provided that the program aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a). (B) If there are remaining funds after complying with subparagraph (A), a local educational agency may provide opportunities for professional development for teachers who teach pupils in grades other than transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, as well as opportunities for additional professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have passed the literacy performance assessment pursuant to Section 44320.3 or already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a). (3) As a condition of receiving funds apportioned pursuant to this subdivision, a local educational agency shall, on or before September 1, 2029, report to the department, in a form and manner determined by the department, the number of teachers that received professional development and which professional development program was used at the local educational agency and schoolsite level. (4) The department shall summarize the information reported pursuant to paragraph (3) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance on or before February 1, 2030. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, charter school, or state special school. (2) “Small professional development program provider” means an independently owned or operated professional development program provider that, together with its affiliates, has 20 or fewer employees, and has average annual gross receipts of two million dollars ($2,000,000) or less over the previous three years. (Amended by Stats. 2025, Ch. 744, Sec. 1. (SB 147) Effective October 13, 2025.)
