AB 753
Childcare: facility licensure: teacher requirements.
Vote required
Two Thirds
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Sign in to take action- Introduced
- Passed Assembly
- Passed Senate
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Bill overview
This bill creates a new category of childcare worker, an ‘assistant teacher permit,’ to help address a shortage of qualified staff in California’s early learning and childcare programs. It outlines specific requirements for obtaining this permit, including education and supervision standards, and limits on the number of assistant teachers per classroom. The permits are short-term and not renewable, and the state will track the use of these permits to assess the impact of the changes. The bill also requires agencies to collect data on assistant teacher permits and report it annually.
Key provisions
- Authorizes the issuance of assistant teacher permits with specific educational and supervision requirements.
- Sets limits on the number of assistant teachers per classroom (maximum 50% of classrooms).
- Limits the duration of assistant teacher permits to two years and prohibits renewal.
- Requires contracting agencies to maintain records of assistant teacher permits.
- Mandates data collection and reporting on assistant teacher permits by agencies.
- Establishes a timeline for the Commission on Teacher Credentialing to implement the new provisions.
- Requires agencies to provide data on assistant teacher permits to the Department of Social Services and the Department of Social Services.
- Specifies that assistant teacher permits do not grant the same rights and responsibilities as more experienced teachers.
Who is affected
- Childcare providers and agencies
- Early childhood educators
Arguments in favor
Reasons to support this legislation.
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AB753:v93#DOCUMENT
Bill Start
Assembly Bill No. 753
CHAPTER 165
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.
[ Approved by Governor October 01, 2025. Filed with Secretary of State October 01, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 753, Garcia. Childcare: facility licensure: teacher requirements.
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.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) 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.
(b) 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.
(c) When families cannot access childcare, their economic mobility is often limited.
(d) 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.
(e) 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.
SEC. 2.
Section 8231.5 is added to the Education Code, to read:
8231.5.
(a) 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.
(b) 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.
SEC. 3.
Section 8301.1 is added to the Education Code, to read:
8301.1.
(a) 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:
(1) 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.
(2) 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.
(3) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) The commission shall implement this section by no later than January 30, 2026.
(i) 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.
SEC. 4.
Section 10267.6 is added to the Welfare and Institutions Code, to read:
10267.6.
(a) 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.
(b) 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.
SEC. 5.
Section 10383.1 is added to the Welfare and Institutions Code, to read:
10383.1.
(a) 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:
(1) 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.
(2) 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.
(3) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) The commission shall implement this section by no later than January 30, 2026.
(i) 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.
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:
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.