California lawmakers are considering a bill that would make it easier for some substitute teachers to remain in special education classrooms for extended periods.
Assembly Bill 2490 would create an alternative pathway for obtaining an emergency career substitute teaching permit and allow permit holders using that pathway to serve in the same classroom, including a special education classroom, for up to 70 cumulative days.
How AB 2490 Would Change Existing Requirements
Existing law requires the California Commission on Teacher Credentialing to establish standards and procedures for issuing and renewing teaching credentials, certificates, and permits.
Under current regulations, an applicant seeking an emergency career substitute teaching permit generally must provide employer verification that the applicant completed at least 90 days of substitute teaching during each of the three years preceding the application. That experience must have been obtained in the employing school district or, when substitutes are assigned by a county office of education, in one or more school districts within the county.
AB 2490 would require the Commission to accept an alternative to this experience requirement. Instead of demonstrating 90 days of substitute teaching in each of the preceding three years, an applicant could qualify by completing professional development and orientation training and participating in an assigned mentor program.
For a substitute serving in a special education classroom, the alternative pathway would require:
- At least five hours of professional development focused on special education;
- Orientation training addressing classroom management, instructional strategies, curriculum, English learners, IEPs, and student and staff safety; and
- An assigned mentor with specified special education credentials or experience.
A permit issued under this pathway would remain valid for 12 months. Upon the permit holder's first renewal, the permit holder would be required to verify completion of 30 hours of additional professional development.
The bill would also require school districts, county offices of education, and charter schools to follow specified procedures before assigning one of these substitutes. This would include making reasonable efforts to recruit a more appropriately qualified individual when filling a vacant position.
Parents would have to be notified within 10 schooldays after the substitute is placed in their child's classroom. Local educational agencies would also be required to report extended substitute assignments annually to their governing boards and provide additional assignment data to the Commission on Teacher Credentialing.
What AB 2490 Means for Students With IEPs
The bill is intended to provide school districts with additional flexibility in responding to California's teacher shortage. However, it raises questions about whether five hours of special education professional development, orientation training, and mentorship adequately prepare a substitute to implement complex IEPs and provide individualized instruction for as long as 70 days.
Even if AB 2490 becomes law, it would not reduce a school district's obligations under the Individuals with Disabilities Education Act. A district would still be required to:
- Implement each student's IEP;
- Provide the specialized instruction and related services identified in the IEP;
- Ensure that personnel have the knowledge and skills necessary to meet the student's unique needs; and
- Provide a free appropriate public education.
Authorization to assign a substitute under state credentialing rules would not establish that the substitute is capable of delivering a particular student's educational program. A staffing arrangement could comply with state permit requirements and still violate the IDEA if the student does not receive the instruction, services, supports, or progress monitoring required by the IEP.
Parents whose children are assigned a long-term substitute should monitor whether IEP services are actually being provided and whether progress toward goals is being measured. Parents may also request information about the substitute's permit, training, mentor, length of assignment, and access to the student's IEP.
As of August 21, 2026, AB 2490 has passed the Senate Appropriations Committee and is awaiting further action in the Senate. It has not yet become law. Its current status is available through the California Legislature.