Despite staunch opposition from ACSA and partners, the California Commission on Teacher Credentialing is moving forward with new substitute teaching regulations that school leaders say could widen disparities for special education students.

At its February meeting, the CTC voted to approve draft regulations that would allow substitutes to serve 60 days in general education classrooms, up from the current cap of 30 days.

That flexibility would not apply to special education programs, which have a 20-day cap on substitute assignments. This has led state education management associations to express concern about unintended impacts to students with disabilities.

In a letter signed by ACSA, California County Superintendents, the California School Boards Association and the California Association of School Business Officials, advocates urged the CTC to adopt a more comprehensive solution to staffing shortages that improves instructional continuity for all students.

“[T]he proposed regulations do not meaningfully improve continuity of instruction and are likely to exacerbate instructional discontinuity in special education classrooms,” said Dr. Mary Yung, associate superintendent of San Mateo County SELPA and ACSA Region 5 Vice President of Legislative Action, in a letter to the CTC.

There are also concerns that the 60-day substitute placements may incentivize candidates to apply for longer general ed positions, reducing the pool of substitutes who serve special education.

The draft regulations would establish an alternate pathway for the 60-day career substitute permit that codifies 15 hours of preservice preparation in the first 30 days, then an additional 30 hours of preparation and two hours weekly mentorship to be completed while serving on the 60-permit.

Superintendent/Principal Melanie Matta from Hope Elementary School District and representing the ACSA Council of Small School District Leaders cited her personal experience subbing when schools are short staffed and pleaded for the commission to slow down and carefully examine the unintended consequences of the proposed regulations.

“We continue to believe that substitute policy adjustments alone will not solve the broader workforce shortage affecting schools. Small districts are already working creatively and collaboratively at the local level, using every short-term staffing option available to us,” she wrote in a letter to the commission. “What we need are solutions that more directly acknowledge the limited staffing capacity in rural communities and the urgency of maintaining consistent adults in front of students.”

Although 18 other local education agency leaders and statewide associations also voiced opposition, the CTC voted to approve the draft regulations. Staff will now proceed with a 45-day public comment period before submitting the draft regulations to the Office of Administrative Law.