Assembly BillChaptered/SignedEducation
AB 753: Childcare: facility licensure: teacher requirements.
What AB 753 does, verified December 7, 2025
This bill adds a new permit type for childcare assistants, allowing individuals to work under supervision to care for and teach children. The permit requires 6 units of education in early childhood education, child development, or human development, and limits the number of assistants per classroom to one. The permits are valid for 2 years and must be renewed. Contracting agencies must maintain a copy of the assistant's education plan and are prohibited from assigning more than one assistant to each classroom. The bill also requires agencies to report data on assistant employees to the state, and makes certain findings and declarations about the importance of this new permit type. The bill takes effect immediately, and will remain in effect until January 1, 2029, unless revised by the commission's child development permit matrix.
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Last action: Chaptered by Secretary of State - Chapter 165, Statutes of 2025. (2025-10-01)Alert me
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| Oct. 01, 2025 | Chaptered by Secretary of State - Chapter 165, Statutes of 2025. |
| Oct. 01, 2025 | Approved by the Governor. |
| Sep. 22, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep. 10, 2025 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3201.). |
| Sep. 10, 2025 | Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3201.). |
Latest bill textChaptered version, October 1, 2025 · 2,067 words
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.
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.
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