44000.5


Adverse action
An "adverse action" means the denial of an application for a
credential, a private admonition, or public reproval of a credential holder, or
the suspension or revocation of a credential.

(Added by Stats. 2001, Ch. 342, Sec. 1.)


Education Code
EC 44001

Educational position or position requiring certification
"Education position" or "position requiring certification
qualifications" includes every type of service for which certification
qualifications are established by or pursuant to Sections 44000 to 44012, inclusive,
Section 44065, and Chapter 2 (commencing with Section 44200) of this part.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44000-44012
Education Code 44065
Education Code 44200




Education Code
EC 44001.1

Commission
"Commission" means the Commission on Teacher Credentialing.

(Added by Stats. 1997, Ch. 937, Sec. 1.)




Education Code
EC 44001.2

Superintendent
"Superintendent" means the Superintendent of Public Instruction.

(Added by Stats. 1997, Ch. 937, Sec. 2.)




Education Code
EC 44002

Credential
A "credential" includes a credential, certificate, life document,
life diploma, permit, certificate of clearance, or waiver issued by the
commission.

(Amended by Stats. 2001, Ch. 342, Sec. 2.)



Education Code
EC 44003

Diploma
A "life diploma" is a document issued on the basis of a credential upon
completion by the applicant of specified requirements.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44004

Certificate
The word "certificate" used as a noun refers to the document issued by a
county board of education to license the holder to perform the service
specified in the certificate.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44005

Certificate
The word "certificate" used as a verb refers to the act of licensing
individuals for employment in educational positions.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44006

Certificated person
The term "certificated person" refers to a person who holds one or more
documents such as a certificate, a credential, or a life diploma, which singly or
in combination license the holder to engage in the school service
designated in the document or documents.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44007

Certification documentation
The term "certification document" as used in this code includes only
certificates, credentials and life diplomas.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44008

Termination of probation
(a) Except as provided in subdivision (b) of this section, a
termination of probation and dismissal of an accusation or information pursuant
to Section 1203.4 of the Penal Code shall not, for the purpose of this
division, have any effect.

(b) Notwithstanding any other provision of this code, no person shall
be denied a hearing solely on the basis that he has been convicted of a
crime if he has obtained a certificate of rehabilitation under Section
4852.01 and following of the Penal Code, and if his probation has been
terminated and the information or accusation has been dismissed pursuant to
Section 1203.4 of the Penal Code.

(Amended by Stats. 1977, Ch. 36.)

Reference:
Penal Code 1203.4
Penal Code 4852.01




Education Code
EC 44009

Verdict or plea of guilty
(a) A plea or verdict of guilty or finding of guilt by a court in a trial
without a jury is deemed to be a conviction within the meaning of Sections 44425
and 44436, irrespective of a subsequent order for probation suspending
the imposition of a sentence or an order under Section 1203.4 of the Penal
Code allowing the withdrawal of the plea of guilty and entering a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the accusations
or information. The record of a narcotics offense, as defined in Section
44011, shall be sufficient proof of conviction of a crime involving moral
turpitude for the purposes of Sections 44892, 44907, and 44923, and Sections
44932 to 44947, inclusive, relating to the dismissal of permanent
employees.

(b) A plea or verdict of guilty, or finding of guilt by a court in a trial
without a jury, or a conviction following a plea of nolo contendere is deemed to
be a conviction within the meaning of Section 44836 and 45123,
irrespective of a subsequent order for probation suspending the imposition of a
sentence or an order under Section 12033.4 of the Penal Code allowing the
withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside
the verdict of guilty, or dismissing the accusations or information. The
record of conviction shall be sufficient proof of conviction of a crime
involving moral turpitude for the purposes of Sections 44892, 44907, and
Sections 44932 to 44947, inclusive, relating to the dismissal of permanent
employees.

(Amended by Stats. 1990, Ch. 596, Sec. 1.)

Reference:
Education Code 44011
Education Code 44425
Education Code 44436
Education Code 44836
Education Code 44892
Education Code 44907
Education Code 44923
Education Code 44932-44947
Education Code 45123
Penal Code 1203.4
Penal Code 12033.4




Education Code
EC 44010

Sex offense
"Sex offense," as used in Sections 44020, 44237, 44346, 44425, 44436,
44836, 45123, and 45304, means any one or more of the offenses listed below (a)
Any offense defined in Section 220, 261, 261.5, 262, 264.1, 266, 266j,
267, 285, 286, 288, 288a, 289, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11,
313.1, 647b, 647.6, or former Section 647a, subdivision (a), (b), or (c) of
Section 243.4, or subdivision (a) or (d) of Section 647 of the Penal Code.

(b) Any offense defined in former subdivision (5) of former Section
647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any
offense defined in former subdivision (2) of former Section 311 of the Penal
Code repealed by Chapter 2147 of the Statutes of 1961, if the offense
defined in those sections was committed prior to September 15, 1961, to the
same extent that an offense committed prior to that date was a sex offense
for the purposes of this section prior to September 15, 1961.

(c) Any offense defined in Section 314 of the Penal Code committed on or
after September 15, 1961.

(d) Any offense defined in former subdivision (1) of former Section
311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961
committed on or after September 7, 1955, and prior to September 15, 1961.

(e) Any offense involving lewd and lascivious conduct under Section
272 of the Penal Code committed on or after September 15, 1961.

(f) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of
the Statutes of 1961, if that offense was committed prior to September 15,
1961, to the same extent that an offense committed prior to that date was a sex
offense for the purposes of this section prior to September 15, 1961.

(g) Any offense defined in Section 286 or 288a of the Penal Code prior to
the effective date of the amendment of either section enacted at the
1975-76 Regular Session of the Legislature committed prior to the effective
date of the amendment.

(h) Any attempt to commit any of the offenses specified in this
section.

(i) Any offense committed or attempted in any other state or against
the laws of the United States which, if committed or attempted in this
state, would have been punishable as one or more of the offenses specified in
this section.

(j) Any conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.

(k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of the Welfare
and Institutions Code, as repealed by Chapter 928 of the Statutes of
1981.

(Amended by Stats. 2001, Ch. 342, Sec. 3.)

Reference:
Education Code 44020
Education Code 44237
Education Code 44346
Education Code 44425
Education Code 44436
Education Code 44836
Education Code 45123
Education Code 45304
Penal Code 220
Penal Code 261
Penal Code 261.5
Penal Code 262
Penal Code 264.1
Penal Code 266
Penal Code 266j
Penal Code 267
Penal Code 272
Penal Code 285
Penal Code 286
Penal Code 288
Penal Code 288a
Penal Code 289
Penal Code 311.1
Penal Code 311.2
Penal Code 311.3
Penal Code 311.4
Penal Code 311.10
Penal Code 311.11
Penal Code 313.1
Penal Code 314
Penal Code 647
Penal Code 647b
Penal Code 647.6





Education Code
EC 44011

Controlled substance offense
"Controlled substance offense" as used in Sections 44346, 44425,
44436, 44836, and 45123 means any one or more of the following offenses:

(a) Any offense in Sections 11350 to 11355, inclusive, 11361,11366,
11368,11377 to 11382, inclusive, and 11550 of the Health and Safety Code.

(b) Any offense committed or attempted in any other state or against
the laws. of the United States which, if committed or attempted in this
state, would have been punished as one or more of the above-mentioned
offenses.

(c) Any offense committed under former Sections 11500 to 11503,
inclusive, 11557, 11715, and 11721 of the Health and Safety Code.

(d) Any attempt to commit any of the above-mentioned offenses.

(Amended by Stats. 1992, Ch. 272, Sec. 2.)

Reference:
Education Code 44346
Education Code 44425
Education Code 44436
Education Code 44836
Education Code 45123
Health and Safety Code 11350-11355
Health and Safety Code 11361
Health and Safety Code 11366
Health and Safety Code 11368
Health and Safety Code 11377-11382
Health and Safety Code 11500-11503
Health and Safety Code 11550
Health and Safety Code 11557
Health and Safety Code 11715
Health and Safety Code 11721




Education Code
EC 44012

Record of conviction
Any record of conviction of any applicant for, or holder of, a
certification document, shall, for the purposes of this division, be admissible in
evidence in any civil action or administrative proceedings pertaining to the
issuance, suspension or revocation of such certification document, any
provision of law to the contrary notwithstanding.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44014

Assaults; Required report to law enforcement
(a) Whenever any employee of a school district or of the office of a
county superintendent of schools is attacked, assaulted, or physically
threatened by any pupil, it shall be the duty of the employee, and the duty of any
person under whose direction or supervision the employee is employed in the
public school system who has knowledge of the incident, to promptly report
the incident to the appropriate law enforcement authorities of the
county or city in which the incident occurred. Failure to make the report
shall be an infraction punishable by a fine of not more than one thousand
dollars ($1,000).

(b) Compliance with school district governing board procedures
relating to the reporting of, or facilitation of reporting of, the incidents
specified in subdivision (a) shall not exempt a person under a duty to make the
report prescribed by subdivision (a) from making the report.

(c) A member of the governing board of a school district, a county
superintendent of schools, or an employee of any school district or the office of any
county superintendent of schools, shall not directly or indirectly inhibit
or impede the making of the report prescribed by subdivision (a) by a
person under a duty to make the report. An act to inhibit or impede the making of
a report shall be an infraction, and shall be punishable by a fine of not
less than five hundred dollars ($500) and not more than one thousand
dollars ($1,000).

(d) Neither the governing board of a school district, a member of the
governing board, a county superintendent of schools, nor an employee of a school
district or of the office of any county superintendent of schools shall impose
any sanctions against a person under a duty to make the report prescribed
by subdivision (a) for making the report.

(Amended by Stats. 1996, Ch. 17, Sec. 1.)








Education Code
EC 44015

Awards
(a) The governing board of a school district may make awards to
employees who do any of the following:

(1) Propose procedures or ideas that thereafter are adopted and
effectuated, and that result in eliminating or reducing district expenditures or
improving operations.

(2) Perform special acts or special services in the public interest.

(3) By their superior accomplishments, make exceptional
contributions to the efficiency, economy, or other improvement in operations of the
school district.

(b) The governing board of a school district may make awards to pupils
for excellence.

Before any awards are made pursuant to this section, the governing
board shall adopt rules and regulations. The board may appoint one or more
merit award committees made up of district officers, district employees,
or private citizens to consider employee proposals, special acts,
special services, or superior accomplishments and to act affirmatively or
negatively thereon or to provide appropriate recommendations thereon to the
board.

Any award granted under the provisions of this section that may be made
by an awards committee under appropriate district rules, shall not
exceed two hundred dollars ($200), unless a larger award is expressly
approved by the governing board.

When an awards program is established in a school district pursuant to
this section, the governing board shall budget funds for this purpose but
may authorize awards from funds under its control whether or not budgeted
funds have been provided or the funds budgeted are exhausted.

(Amended by Stats. 1987, Ch. 1452, Sec. 360.)




Education Code
EC 44015.1

"Week of the School Administrator"
In observance of the importance of educational leadership at the
school, school district, and county levels, the first full week in the month of
March of each year shall be designated as "Week of the School
Administrator."  Schools, school districts, and county superintendents of schools
are encouraged to observe the week with public recognition of the
contribution that school administrators make to successful pupil achievement.

(Added by Stats. 1999, Ch. 286, Sec. 1.)



Education Code
EC 44016

Travel expense
Whenever any person is requested by a school district to travel to the
headquarters of such district for the purpose of being interviewed and examined
prior to possible employment, the district may reimburse such candidate
for expenses necessarily incurred in traveling from his place of
residence to the place of interview or examination.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44017

Payment to surviving spouse
Notwithstanding any provision of law to the contrary, a school
district may, from funds under its jurisdiction, pay the surviving spouse of
any employee who is murdered while in the course of his employment the
amount that the deceased would have received if he had lived to complete the
time remaining in his contract with the district.

This section shall be applicable to the surviving spouse of any such
employee who was murdered during or after the 1973-74 school year.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44018

Benefits; employee called to duty in Iraq-Kuwait crisis
(a) In addition to the benefits provided pursuant to Sections 395.01
and 395.02 of the Military and Veterans Code, any certificated employee
of a school district who, as a member of the California National Guard or a
United States Military Reserve organization, is called into active
military duty as a result of the Iraq-Kuwait crisis, may receive, on approval of
the governing board of the school district, the benefits provided for in
subdivision (b).

(b) Any certificated employee to which subdivision (a) applies,
while on active duty, may, with respect to any active military duty served on
or after August 2, 1990, receive from the school employer, for a period
not to exceed 180 calendar days, as part of his or her compensation, all of
the following:

(1) The difference between the amount of his or her military pay and
allowances and the amount the employee would have received as a certificated
employee, including any merit raises that would otherwise have been granted
during the time the individual was on active military duty.

(2) All benefits that he or she would have received had he or she not been
called to active military duty unless the benefits are prohibited or limited
by vendor contracts.

(c) This section shall not apply to any active military duty served
voluntarily after the close of the Iraq-Kuwait crisis.

(Added by Stats. 1992, Ch. 64, Sec. 1.)




Education Code
EC 44020

Parental notification of hiring employee convicted of sex offense
Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary or high
school level shall notify, in writing, the parents or guardians who reside
with each pupil of that school whenever that school hires an employee who,
in the course of his or her employment, will come in contact with minor
pupils and who has been convicted of a sex offense, as defined in Section
44010. Notwithstanding any other provision of law, any person who conveys or
receives information in good-faith conformity with this section is exempt
from prosecution under Section 11142 or 11143 of the Penal Code for that
conveying or receiving of information.

(Added by Stats. 1996, Ch. 1074, Sec. 2.)

Reference:
Education Code 44010
Penal Code 11142
Penal Code 11143




Education Code
EC 44030

Article 2. Rights and Duties
Any principal, teacher, employee, or school officer of any
elementary or secondary school who refuses or willfully neglects to make such
reports as are required by law is guilty of a misdemeanor and is punishable by a
fine of not more than one hundred dollars ($100).

(Enacted by Stats. 1976, Ch. 1010.)





 44031


Personnel Files
(a) Every employee has the right to inspect personnel records
pursuant to Section 1198.5 of the Labor Code.

(b) In addition to subdivision (a), all of the following shall apply to
an employee of a school district:

(1) Information of a derogatory nature shall not be entered into an
employee's personnel records unless and until the employee is given notice and an
opportunity to review and comment on that information. The employee shall have the
right to enter, and have attached to any derogatory statement, his or her own
comments. The review shall take place during normal business hours and the
employee shall be released from duties for this purpose without salary
reduction.

(2) The employee shall not have the right to inspect personnel records
at a time when the employee is actually required to render services to the
district.

(3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.

(4) Except as provided in paragraph (3), nothing in this section shall
entitle an employee to review ratings, reports, or records that (A) were
obtained prior to the employment of the person involved, (B) were prepared by
identifiable examination committee members, or (C) were obtained in connection
with a promotional examination.

Reference:
Labor Code 1198.5

(Added by Stats 2000, Ch. 886, Sec. 1)

Education Code
EC 44032

Expenses
The governing board of any school district shall provide for the
payment of the actual and necessary expenses, including traveling expenses,
of any employee of the district incurred in the course of performing
services for the district, whether within or outside the district, under the
direction of the governing board.

(Amended by Stats. 1987, Ch. 1452, Sec. 361.)




Education Code
EC 44033

Reimbursement for use of automobile
The governing board of any school district may provide for the
reimbursement of employees of the district for the use of automobiles owned by the
employees and used in the performance of regularly assigned duties, by
establishing an allowance for such use on a mileage or monthly basis.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44034

Audio recordings
Any classroom teacher who, in the interest of improving his or her
personal teaching techniques, wishes to use an audio recording device in a
classroom to record classroom instructional presentations, may employ that
device without the necessity of obtaining the approval of the school
principal or other school officials.

(Added by Stats. 1985, Ch. 332, Sec. 1.)




Education Code
EC 44035

Permanent employee status
Every permanent employee of a school district which becomes in its
entirety a part of a unified school district, and every permanent employee of a
school district employed in a school located in a portion of a district which
becomes a part of a unified school district, where the whole of the district
does not become a part of a unified school district, shall become a
permanent employee of the unified school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44036

Leaves of absence
(a) The governing board of a school district may grant leaves of
absence to employees to appear as a witness in court other than as a litigant or
to respond to an official order from another governmental jurisdiction
for reasons not brought about through the connivance or misconduct of the
employee.

(b) The governing board of a school district may grant leaves of
absence to employees, in positions requiring certification
qualifications, regularly called for jury duty in the manner provided for by law.

(c) The governing board may grant such leaves of absence with pay up to
the amount of the difference between the employee's regular earnings and
any amount he receives for jury or witness fees.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44037

Leave of absence; jury duty
The governing board of any district shall grant leave of absence to any
employee, serving in a position not requiring certification qualifications,
regularly called for jury duty in the manner provided for by law. The governing
board shall grant such leave with pay up to the amount of the difference
between the employee's regular earnings and any amount he receives as juror's
fees.

It is unlawful for the governing board or personnel commission of any
school district to adopt or maintain any rule, regulation, or policy which
has as its purpose or effect a tendency to encourage employees to seek
exemption from jury duty, or to directly or by indirection solicit or suggest to
any employee that he seek exemption from jury duty, or to discriminate
against any employee with respect to assignment, employment, promotion, or
in any other manner because of such employee's service on any jury
panel.

The board or personnel commission may, however, provide by rule that
only a percentage of its staff, which percentage shall not be less than 2
percent, shall be granted such leave, with pay, at any one time.

Nothing in the foregoing provisions shall preclude the district
superintendent or his agent from discussing with the affected employee the
practicality of seeking exemption when acceptance would tend to materially
disrupt the district's operations.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44038

Travel expense purchased on credit of district
The governing board of any school district may use school district
funds for cash deposits, when required to guarantee payment for
transportation purchased on credit for school district employees or other
representatives who are directed by the governing board to travel on school district
business.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44039

Health plans; payments
The governing board of any school district may use school district
funds for cash deposits, when required to guarantee payment for health
plans purchased on credit for school district employees.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44039.5

Employee welfare benefit contract
No contract with any insurer or other employee welfare benefit
provider shall be approved or renewed if an administrative employee of a school
district, as defined pursuant to subdivision (d) of Section 33150, or any
employee organization, as defined pursuant to subdivision (d) of Section
3540.1 of the Government Code, or any employee or agent thereof, has a direct
financial interest in any plan or program which is being approved or renewed. The
provisions of this section shall not apply to any employee welfare benefit fund
jointly administered by one or more employers and one or more employee
organizations or to any employee welfare benefit fund established by the school
district for the purpose of self insuring.

As used in this section, "direct financial interest" means the
receipt of or entitlement to a commission, fee, or other remuneration,
including the payment of fees for administrative services rendered on behalf of
such plans.

(Added by Stats. 1978, Ch. 433.)

Reference:
Education Code 33150
Government Code 3540.1




Education Code
EC 44040

Employee can't be disciplined for appearing before board
It shall be unlawful for any person authorized to invoke disciplinary
action against any employee of a school district or employee in the office of
the county superintendent of schools either in his individual capacity
or as a member of any board, to invoke or attempt to invoke disciplinary
action against any such employee or to discriminate against such employee in
the terms, conditions and privileges of employment solely because of the
employee's appearance before the governing board of a school district, the
county board of education, legislative committees, or any other duly
constituted governmental board, commission or council, whether such appearance
was undertaken voluntarily or otherwise.

Violation of the provisions of this section shall be a misdemeanor.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44041

Salary deductions
The governing board of each school district when drawing an order for
the salary payment due to employees of the district shall, without
charge, reduce the order by the amount which it has been requested in a
revocable written authorization by the employee to deduct for any or all of the
following purposes: participating in a deferred compensation program offered
by the school district which provides for investments in corporate
stocks, bonds, securities, mutual funds, or annuities, except as prohibited
by the Constitution, or paying premiums on any policy or certificate of
group life insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the benefit of the
employee or his dependents issued by an admitted insurer on a form of policy or
certificate approved by the Insurance Commissioner, or paying rates, dues, fees,
or other periodic charges on any hospital service contract for the
benefit of the employee, or his dependents, issued by a nonprofit hospital
service corporation on a form approved by the Insurance Commissioner
pursuant to the provisions of Chapter 11A (commencing with Section 11491) of
Part 2 of Division 2 of the Insurance Code, or paying periodic charges on any
medical and hospital service agreement or contract for the benefit of the
employee, or his dependents, issued by a nonprofit corporation subject to Part 2
(commencing with Section 5110) of, Part 3 (commencing with Section 7110) of, or
Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the
Corporations Code, or paying periodic charges on any legal services contract for
the benefit of the employee, or his dependents issued by a nonprofit
corporation subject to Part 3 (commencing with Section 7110) of, or Part 11
(commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code.
The governing board of the district shall, beginning with the month
designated by the employee and each month thereafter until authorization for the
deduction is revoked, draw its order upon the funds of the district in favor of the
insurer which has issued the policies or certificates or in favor of the
nonprofit hospital service corporation which has issued hospital service
contracts, or in favor of the nonprofit corporation which has issued medical and
hospital service or legal service agreements or contracts, for an amount equal
to the total of the respective deductions therefor made during the
month. The governing board may require that the employee submit his
authorization for the deduction up to one month in advance of the effective date of
coverage.

"Group insurance" as used in this section shall mean only a bona fide
group program of life or disability or life and disability insurance where a
master contract is held by the school district or an employee organization
but it shall, nevertheless include annuity programs authorized by
Section 403 (b) of the Internal Revenue Code when approved by the governing
board.

(Amended by Stats. 1978, Ch. 1305.)




Education Code
EC 44042

Insurance premium; payroll deduction
School districts may, but shall not be required to, provide payroll
deduction for the collection of insurance premiums except as expressly
authorized by Section 44041.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44041




Education Code
EC 44043

Injury or illness leave
Any school employee of a school district who is absent because of
injury or illness which arose out of and in the course of the person's
employment, and for which the person is receiving temporary disability benefits
under the workers' compensation laws of this state, shall not be entitled to
receive wages or salary from the district which, when added to the temporary
disability benefits, will exceed a full day's wages or salary.

During such periods of temporary disability so long as the employee
has available for the employee's use sick leave, vacation, compensating
time off or other paid leave of absence, the district shall require that
temporary disability checks be endorsed payable to the district. The district
shall then cause the employee to receive the person's normal wage or salary
less appropriate deductions including but not limited to employee
retirement contributions.

When sick leave, vacation, compensating time off or other available
paid leave is used in conjunction with temporary disability benefits
derived from workers' compensation, as provided in this section, it shall be
reduced only in that amount necessary to provide a full day's wage or salary
when added to the temporary disability benefits.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44043.5

Catastrophic leave program
(a) The governing board of a school district or county office of
education may establish a catastrophic leave program to permit employees of
that district or county office to donate eligible leave credits to an
employee when that employee or a member of his or her family suffers from a
catastrophic illness or injury.

For the purposes of this section the following terms are defined as
follows:

(1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period of
time, or that incapacitates a member of the employee's family which
incapacity requires the employee to take time off from work for an extended period
of time to care for that family member, and taking extended time off work
creates a financial hardship for the employee because he or she has exhausted
all of his or her sick leave and other paid time off.

(2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.

(b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements are met:

(1) The employee who is, or whose family member is, suffering from a
catastrophic illness or injury requests that eligible leave credits be donated and
provides verification of catastrophic injury or illness as required by the
governing board of the school district or county office in which he or she is
employed.

(2) The governing board of the school district or county office
determines that the employee is unable to work due to the employee's or his or her
family member's catastrophic illness or injury.

(3) The employee has exhausted all accrued paid leave credits.

(c) If the transfer of eligible leave credits is approved by the
governing board of the school district or county office, any employee may, upon
written notice to the governing board of the district or county office, donate
eligible leave credits at a minimum of eight hours, and in hour increments
thereafter.

(d) The governing board of a school district or county office that
provides a catastrophic leave program pursuant to this section shall adopt
rules and regulations for the administration of this section, including,
but not limited to, the following:

(1) The maximum amount of time for which donated leave credits may be
used, but not to exceed use for a maximum period of 12 consecutive months.

(2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).

(3) Making all transfers of eligible leave credit irrevocable.

(e) An employee who receives paid leave pursuant to this section shall
use any leave credits that he or she continues to accrue on a monthly basis
prior to receiving paid leave pursuant to this section.

(f) Notwithstanding the provisions of this section, the governing
board of a school district or county office and an exclusive bargaining
representative of employees in that district or county may agree to include in any
collective bargaining agreement, a provision setting forth requirements for a
catastrophic leave program.

(Amended by Stats. 1994, Ch. 78, Sec. 1.)




Education Code
EC 44044

Disability checks
Notwithstanding the provisions of Sections 44043, 44984 and 45192, a
school district may waive the requirement that temporary disability checks
be endorsed payable to the district, and may in lieu thereof, permit the
employee to retain his temporary disability check, providing that notice be
given to the district that such check has been delivered to the employee. In
such cases, the district shall then cause the employee to receive his
normal wage or salary less appropriate deductions, including, but not
limited to, employee retirement contributions, and an amount equivalent to
the face amount of the temporary disability check, which the employee has
been permitted to retain. In all cases, employee benefits are to be
computed on the basis of the employee's regular wage or salary prior to the
deduction of any amounts for temporary disability payments.

Nothing contained herein shall be deemed to in any way diminish those
rights and benefits which are granted to a school employee pursuant to the
provisions of Sections 44043, 44984 and 45192.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44043
Education Code 44984
Education Code 45192




Education Code
EC 44045

District unification; rights of employees
Whenever, as a result of any school district unification proceeding
all of the territory under the jurisdiction of the county superintendent
of schools is included in a single unified school district and the
maintenance of any schools or classes or the performance of any other function
theretofore under the jurisdiction of the county superintendent of schools is
assumed by such unified school district, the inclusion shall, with respect to
any employee, whether in a position requiring certification
qualifications or in a position not requiring certification qualifications who was
theretofore employed by the county superintendent of schools in connection with
such school, class, or function, be deemed to be the inclusion of a school
district in the unified district. The rights of such an employee to employment
with the unified district shall be governed by the laws defining the rights
of employees of a predecessor school district included within a unified
school district to continue in employment as employees of the including
unified school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44046

Small school district; counselors
(a) The governing board of a small school district, which does not
employ persons charged with school-community duties of counseling
students and parents or guardians in their homes, may contract with any
qualified social service agency or organization to secure the services, on a
part-time or full-time basis, of qualified social workers as counselors in
schools and in the homes of pupils. The State Board of Education shall adopt
rules and regulations for the implementation of this section, but such
social workers shall not be required to hold credentials or certification
documents otherwise required under this code for service in the public
schools.

(b) Social workers authorized to serve under this section, as well as
credentialed school social workers in districts other than small school
districts, may perform, but are not limited to, the performance of the following
service to children, parents, school personnel, and community agencies:

(1) Group and individual counseling and casework with parents and
children relating to learning and adjustment problems of children, including
parent education.

(2) Liaison with community resources offering services to
schoolchildren and their families.

(3) Consultation with parents and others in crisis situations, such
as truancy, drug abuse, suicide threats, assaults, and child abuse.

(4) Assessment of social and behavioral disabilities affecting
learning, including but not limited to case study evaluation, recommendations
for remediation or placement, and periodic reevaluation.

(5) Participation in and coordination of staff development programs
for professional, paraprofessional, and classified school staff and
supervision of pupil personnel services workers.

(6) Coordination of social service and mental health components of
children's centers and other early childhood development programs in the public
schools.

(7) Consultation and collaboration with school personnel to promote
a school environment responsive to the needs of children and the
planning of educational programs which will prepare children to function in a
culturally diversified society.

(c) As used in this section "small school district" means any of the
following school districts:

(1) A unified school district having an average daily attendance of
less than 1,501.

(2) A high school district having an average daily attendance of less
than 301.

(3) An elementary school district having an average daily attendance
of less than 901.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44047

Saturday and/or Sunday classes
Prior to implementing in any school of the district classes on
Saturday or Sunday, or both, the governing board of a school district shall
consult in good faith in an effort to reach agreement with the certificated and
classified employees of the school, with the parents of pupils who would be
affected by the change, and with the community at large. Such consultation
shall include at least one public hearing for which the board has given
adequate notice to the employees and to the parents of pupils affected.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44048

Classified employees not required to change work week to include
Saturday or Sunday
 A classified school employee currently employed by any school
district or a county superintendent of schools which decides to maintain
classes on Saturday or Sunday, or both, shall not, without his or her written
consent, be required to change his or her workweek to include Saturday or
Sunday, or both. No such classified employee shall be assigned to perform
services on a Saturday or Sunday if such classified employee objects in writing
that such assignment would conflict with his or her religious beliefs or
practices. Enactment of this section shall cause no change or disruption in
existing work schedules which may already include Saturday or Sunday as
regular workdays.

This section shall not be construed as limiting the power of any
governing board of a school district, or a county superintendent of schools, to
govern the schools of the district, including the assignment of classified
employees employed by such district or county superintendent of schools.

This section shall not be construed as modifying or otherwise
affecting in any way the provisions of Sections 45127, 45128, or 45131, or any
other provisions of this code relating to employment of classified
employees.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 45127
Education Code 45128
Education Code 45131




Education Code
EC 44049

Report of Alcohol or controlled substance abuse
(a) Except as provided in subdivision (c), any principal or person
designated by the principal who, in his or her professional capacity or within the
scope of his or her employment, has knowledge of or observes a student whom he
or she knows, or reasonably suspects as evidenced by the student's
apparent intoxication, has consumed an alcoholic beverage or abused a
controlled substance, as listed in Chapter 2 (commencing with Section 11053) of
the Health and Safety Code, may report the known or suspected instance of
alcohol or controlled substance abuse to the parent or parents, or other
person having legal custody, of the student.

(b) No principal or his or her designee who reports a known or suspected
instance of alcohol or controlled substance abuse by a student to the parent or
parents, or other person having legal custody, of the student shall be civilly
or criminally liable, for any report or as a result of any report, unless
it can be proven that a false report was made and the principal or his or her
designee knew that the report was false or was made with reckless disregard for
the truth or falsity of the report. Any principal or his or her designee who
makes a report known to be false or with reckless disregard of the truth or
falsity of the report is liable for any damages caused.

(c) No principal or person designated by the principal shall report a
known or suspected instance of alcohol or controlled substance abuse by a
student to the parent or parents, or other person having legal custody, of the
student if the report would require the disclosure of confidential
information in violation of Section 35301 or 72621.

(Added by Stats. 1987, Ch. 1291, Sec. 1.)

Reference:
Education Code 35301
Education Code 72621
Health and Safety Code 11053




Education Code
EC 44060

Article 3. Interchange Between Certificated and Classified Positions
The purpose of this article is to provide a basis of determination as to
what constitutes a supervisory or administrative classified position or
a position requiring certification qualifications not clearly
defined in other sections of this code, to provide an interchange of qualified
personnel between the certificated and classified services of the public
school systems; and to secure rights and benefits to employees moving
between the two services, all to the end of assuring better educational
systems for the students of the public school systems.

The provisions of this article are not intended, nor may they be
construed, to invalidate any other sections of this code which were enacted prior
to the enactment of this article, relating to positions requiring
certification qualifications or the classified service covered in Article 6
(commencing with Section 45240) of Chapter 5 of this part, unless specifically
provided herein. This article shall where appropriate apply to districts that
have adopted the merit system in the same manner and effect as if it were a
part of Article 6 (commencing with Section 45240) of Chapter 5 of this
part.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 45240




Education Code
EC 44061

Employee in certified position assignment to noncertificated position
If a person employed by the county superintendent of schools in a
position requiring certification qualifications is assigned to a position
under the same superintendent not requiring certification
qualifications, the employee shall retain all sickness and injury, sabbatical leave,
and other rights and benefits. All seniority and tenure rights
accumulated by him at the time of assignment to the position not requiring
certification qualifications shall be secured to him for a period of 39 months from
the time of acceptance of the classified position. His return to
certificated service at any time within the 39 months shall be treated as if there had
not been an interruption in his certificated service.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44062

Employee in noncertificated position assigned to certificated
position
 If a person employed by the county superintendent of schools in a
position not requiring certification qualifications is assigned to a
position under the same superintendent requiring certification
qualifications, the employee shall retain all sick leave, vacation, and other rights
and benefits accumulated by him at the time of assignment to the position
requiring certification qualifications. All seniority and permanency rights
shall be secured to such an employee for a period of 39 months from the date of
his acceptance of the certificated position. Such an employee shall be
eligible to return to and assume the duties of his prior classified position at
any time during the 39 months and his return shall be treated as if there had
not been an interruption in his classified service.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44063

Employee in certificated position assigned position in classified
service
 If an employee of a school district, including a district having the
merit system as outlined in Article 6 (commencing with Section 45240) of
Chapter 5, employed in a position requiring certification qualifications is
assigned to a position in the classified service of the same district, the
employee shall retain all sickness and injury, sabbatical leave, and other
rights and benefits. All seniority and tenure rights accumulated by the
employee at the time of assignment to the position in the classified service
shall be secured to the employee during the period of time he or she occupies a
position in the classified service. The employee's return to certificated
service at any time shall be treated as if there had not been an interruption in
his or her certificated service.

(Amended by Stats. 1985, Ch. 1038, Sec. 1.)

Reference:
Education Code 45240




Education Code
EC 44064

Employee in classified service assigned certificated position
If an employee of a school district, including a district having the
merit system as outlined in Article 6 (commencing with Section 45240) of
Chapter 5, employed in a position in the classified service is assigned to a
position in the same district requiring certification qualifications, the
employee shall retain all sick leave, vacation, and other rights and benefits
accumulated by the employee at the time he or she is assigned to a position requiring
certification qualifications. All seniority and permanency rights shall be
secured to the employee during the period of time he or she occupies a position
in the certificated service. The employee's return to the classified
service at any time shall be treated as if there had not been an interruption in
his or her classified service.

(Amended by Stats. 1985, Ch. 1038, Sec. 2.)

Reference:
Education Code 45240




Education Code
EC 44065

Positions requiring certification
(a) Except as provided in subdivision (d), any person employed on or
after July 1, 1963, by a school district, including a district having the
merit system as outlined in Article 6 (commencing with Section 45240) of
Chapter 5 of this part, or by a county superintendent of schools, in a position
in which 50 percent or more of his or her duties performed during the
school year, whether performed in a particular school or district or
countywide, consist of rendering service in directing, coordinating,
supervising or administering any portion or all of the types of functions listed
below in this section shall hold a valid teaching or service credential as
appropriate, whichever is designated in regulations adopted by the Commission on
Teacher Credentialing, authorizing the particular service.

The types of functions are:

(1) The work of instructors and the instructional program for pupils.

(2) Educational or vocational counseling, guidance and placement
services.

(3) School extracurricular activities related to, and an outgrowth
of, the instructional and guidance program of the school.

(4) Planning courses of study to be used in the public schools of the
state.

(5) The selection, collection, preparation, classification or
demonstration of instructional materials of any course of study for use in the
development of the instructional program in the schools of the state.

(6) Research connected with the evaluation and efficiency of the
instructional program.

(7) The school health program.

(8) Activities connected with the enforcement of the laws relating to
compulsory education, coordination of child welfare activities involving the
school and the home, and the school adjustment of pupils.

(9) The school library services.

(10) The preparation and distribution of instructional materials.

(11) The in-service training of teachers, principals, or other
certificated personnel.

(12) The interpretation and evaluation of the school instructional
program.

(13) The examination, selection, or assignment of teachers,
principals, or other certificated personnel involved in the instructional
program.

(b) Any person who was employed by a district or by a county
superintendent of schools before July 1, 1963, to perform any of the services
designated by the Commission on Teacher Credentialing to require a supervision
or administration credential, may continue to perform such services
without possessing the credential otherwise required as long as he remains
continuously employed to perform the same services in that county
superintendent's office or in that district in which he was employed on that date, or is
continuously employed to perform the same services in a district which results from
a reorganization involving the same district.

(c) Notwithstanding any other provision of law, the governing board
of any school district maintaining kindergarten or any of grades 1 to 12,
inclusive, or providing adult education classes, may employ for purposes of
instructing apprentices duly registered with the Division of Apprenticeship
Standards, persons holding any of the following valid credentials:

(1) A community college instructor credential.

(2) A community college limited service credential.

(3) A community college special limited service credential.

(d) Notwithstanding subdivision (a), a school district or county
superintendent of schools may hire persons who do not hold valid teaching or service
credentials to perform the examination, selection or assignment of teachers,
principals, or certificated personnel involved in the instructional program.

(Amended by Stats. 1986, Ch. 916, Sec. 1.)

Reference:
Education Code 45240




Education Code
EC 44066

Legislative intent; certification requirement
A governing board of any school district or a county board of education
or a county superintendent of schools or other appointing authority
shall not require an employee or applicant to possess any certification,
license, or other credential unless the possession of such a certification,
license, or other credential is required by statute or is based upon a bona fide
occupational qualification.

It is the intent of the Legislature that any person who had served in a
position for which certification, license, or other credential not
necessitated by statute or bona fide occupational qualification, had been
required, and in a position which was designated by the governing board as a
position requiring certification qualifications, shall be deemed to be an
employee in a position requiring certification qualifications for as long as
he or she holds such position and it is further the intent of the
Legislature that such position shall be deemed to be a certificated position for as
long as such person holds such position.

(Amended by Stats. 1977, Ch. 699.)




Education Code
EC 44067

Certificated employee when certification requirement is repealed
Any person who, on September 15, 1961, is serving in a position for
which a credential was issued or certification qualifications required
pursuant to Section 44286 prior to the repeal of such sections, shall be deemed
to be an employee in a position requiring such credential or
certification qualifications for as long as he holds such position after September
15, 1961.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44286




Education Code
EC 44068

Section 13.55 and certificated positions
Any person who, on June 30, 1965, was serving in a position requiring
certification qualifications pursuant to the provisions of subdivisions (m), (n),
and (o) of Section 13055 as amended by Chapter 840 of the Statutes of 1963,
shall be deemed to be an employee in a position requiring certification
qualifications for as long as he or she holds that position after January 1, 1987, and
that position shall be deemed to be a certificated position for as long as
this person holds that position.

(Amended by Stats. 1986, Ch. 916, Sec. 2.)

Reference:
Education Code 13055




Education Code
EC 44068.5

Section 44065 and certificated positions
Any person who, on July 1, 1986, was serving in a position requiring
certification qualifications pursuant to the provisions of paragraph (6) of
subdivision (a) of Section 44065 as amended by Chapter 905 of the Statutes of 1985,
shall be deemed to be an employee in a position requiring certification
qualifications for as long as he or she holds that position after January 1, 1987, and
that position shall be deemed to be a certificated position for as long as
this person holds that position.

(Added by Stats. 1986, Ch. 916, Sec. 3.)

Reference:
Education Code 44065




Education Code
EC 44069

Business manager
(a) Any person who, on September 17, 1965, was serving in a position as
business manager and had been assigned a title listed in Section 35028 shall be
deemed to be an employee in a position requiring certification
qualifications for so long as he holds such position in the same district.

(b) Any person who, on March 4, 1972, was serving in a position of
business manager and that position had been declared, by the governing board,
to be one requiring certification qualifications in accordance with
the authority extended in this section prior to March 4, 1972, shall be
deemed to be an employee in a position requiring certification
qualifications for so long as he holds such position in the same district.

(c) Except as provided in subdivision (d), on and after March 4, 1972,
no person employed in a position of business manager shall be required to
be credentialed and no title assignment, work, duty statement or other
device, including but not limited to educational or other requirements of
applicants, which may be established by the governing board, may be construed to
require certification qualifications for any such position or reasonably
related position.

(d) The governing board of any school district with less than 3,000
units of average daily attendance in the prior fiscal year may require any
person employed in a position of business manager to be credentialed.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 35028




Education Code
EC 44100

Article 4. Affirmative Action Employment. Legislative findings;
declaration and intent
 The Legislature finds and declares that:

(a) Generally, California school districts employ a
disproportionately low number of racial and ethnic minority classified and certificated
employees and a disproportionately low number of women and members of racial and
ethnic minorities in administrative positions.

(b) It is educationally sound for the minority student attending a
racially impacted school to have available to him the positive image provided
by minority classified and certificated employees. It is likewise
educationally sound for the child from the majority group to have positive
experiences with minority people which can be provided, in part, by having
minority classified and certificated employees at schools where the
enrollment is largely made up of majority group students. It is also
educationally important for students to observe that women as well as men can assume
responsible and diverse roles in society.

(c) Past employment practices created artificial barriers and past
efforts to promote additional action in the recruitment, employment, and
promotion of women and minorities have not resulted in a substantial increase in
employment opportunities for these persons.

(d) Lessons concerning democratic principles and the richness which
racial diversity brings to our national heritage can be best taught by the
presence of staffs of mixed races and ethnic groups working toward a common
goal.

It is the intent of the Legislature to establish and maintain a policy
of equal opportunity in employment for all persons and to prohibit
discrimination based on race, sex, color, religion, age, disability, ancestry, or
national origin in every aspect of personnel policy and practice in
employment, development, advancement, and treatment of persons employed in the
public school system, and to promote the total realization of equal
employment opportunity through a continuing affirmative action employment
program.

The Legislature recognizes that it is not enough to proclaim that
public employers do not discriminate in employment but that effort must also
be made to build a community in which opportunity is equalized. It is the
intent of the Legislature to require educational agencies to adopt and
implement plans for increasing the numbers of women and minority persons at all
levels of responsibility.

(Amended by Stats. 1992, Ch. 913, Sec. 10.)




Education Code
EC 44101

Definitions
For the purposes of this article:

(a) "Affirmative action employment program" means planned
activities designed to seek, hire, and promote persons who are underrepresented
in the work force compared to their number in the population, including
individuals with disabilities, women, and persons of minority racial and ethnic
backgrounds. It is a conscious, deliberate step taken by a hiring authority to
assure equal employment opportunity for all staff, both certificated and
classified. Such programs require the employer to make additional efforts to
recruit, employ, and promote members of groups formerly excluded at the
various levels of responsibility who are qualified or may become qualified
through appropriate training or experience within a reasonable length of
time. Such programs should be designed to remedy the exclusion, whatever
its cause. Affirmative action requires imaginative, energetic, and
sustained action by each employer to devise recruiting, training, and career
advancement opportunities which will result in an equitable representation of
women and minorities in relation to all employees of the employer.

(b) "Disability," means (1) a physical or mental impairment that
substantially limits one or more of the major life activities of the individual, (2) a
record of such an impairment, or (3) being regarded as having such an
impairment.

(c) "Goals and timetables" means projected new levels of employment
of women and minority racial and ethnic groups to be attained on an annual
schedule, given the expected turnover in the work force and the availability of
persons who are qualified or may become qualified through appropriate
training or experience within a reasonable length of time. Goals are not quotas
or rigid proportions. They should relate both to the qualitative and
quantitative needs of the employer.

(d) "Public education agency" means the Department of Education,
each office of the county superintendent of schools, and the governing
board of each school district in California.

(Amended by Stats. 1992, Ch. 913, Sec. 11.)




Education Code
EC 44103

Assistance in implementing programs
Each county superintendent of schools shall render assistance in
developing and implementing affirmative action employment programs to
elementary school districts under his jurisdiction which had fewer than 901
units of average daily attendance during the preceding fiscal year, and to
high school districts under his jurisdiction which had fewer than 301
units of average daily attendance during the preceding fiscal year, and to
unified school districts under his jurisdiction which had fewer than 1,501
units of average daily attendance during the preceding fiscal year.

(Added by Stats. 1977, Ch. 1090.)




Education Code
EC 44104

Development of programs
The department, out of funds appropriated for such purposes, (1)
shall provide assistance to local educational agencies in adopting and
maintaining high-quality affirmative action programs and (2) develop and
disseminate to public education agencies guidelines to assist the agencies in
developing and implementing affirmative action employment programs.

(Amended by Stats. 1994, Ch. 922, Sec. 75.)




Education Code
EC 44105

Rules and regulations
The State Board of Education shall adopt all necessary rules and
regulations to carry out the intent of this article.

(Added by Stats. 1977, Ch. 1090.)





 44110


Article 5.  Reporting by School Employees of Improper Governmental
Activities
 This article shall be known and may be referred to as the Reporting by
School Employees of Improper Governmental Activities Act.

(Added by Stats. 2000, Ch. 531, Sec. 1.)


 44111


Reporting by School Employees of Improper Governmental Activities
It is the intent of the Legislature that school employees and other
persons disclose, to the extent not expressly prohibited by law, improper
governmental activities.

(Added by Stats. 2000, Ch. 531, Sec. 1.)


 44112


Reporting by School Employees of Improper Governmental Activities
For the purposes of this article, the following terms have the
following meanings:

(a) "Employee" means a public school employee as defined in
subdivision (j) of Section 3540.1 of the Government Code.

(b) "Illegal order" means any directive to violate or assist in
violating a federal, state, or local law, rule, or regulation or an order to work
or cause others to work in conditions outside of their line of duty that
would unreasonably threaten the health or safety of employees or the
public.

(c) "Improper governmental activity" means an activity by a public
school agency or by an employee that is undertaken in the performance of the
employee's official duties, whether or not that activity is within the scope of
his or her employment, and that meets either of the following
descriptions:

(1) The activity violates a state or federal law or regulation,
including, but not limited to, corruption, malfeasance, bribery, theft of
government property, fraudulent claims, fraud, coercion, conversion,
malicious prosecution, misuse of government property, or willful omission to
perform duty.

(2) The activity is economically wasteful or involves gross
misconduct, incompetency, or inefficiency.

(d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or instrumentality of any
of the foregoing.

(e) "Protected disclosure" means a good faith communication that
discloses or demonstrates an intention to disclose information that may
evidence either of the following:

(1) An improper governmental activity.

(2) Any condition that may significantly threaten the health or
safety of employees or the public if the disclosure or intention to disclose
was made for the purpose of remedying that condition.

(f) "Public school employer" has the same meaning as in subdivision
(k) of Section 3540.1 of the Government Code.

(Added by Stats. 2000, Ch. 531, Sec. 1.)


 44113


Reporting by School Employees of Improper Governmental Activities
(a) An employee may not directly or indirectly use or attempt to use the
official authority or influence of the employee for the purpose of
intimidating, threatening, coercing, commanding, or attempting to intimidate,
threaten, coerce, or command any person for the purpose of interfering with the
right of that person to disclose to an official agent matters within the
scope of this article.

(b) For the purpose of subdivision (a), "use of official authority or
influence" includes promising to confer or conferring any benefit; affecting or
threatening to affect any reprisal; or taking, directing others to take,
recommending, processing, or approving any personnel action, including, but not
limited to appointment, promotion, transfer, assignment, performance
evaluation, suspension, or other disciplinary action.

(c) For the purpose of subdivision (a), "official agent" includes a
school administrator, member of the governing board of a school district or
county board of education, county superintendent of schools, or the
Superintendent of  Public Instruction.

(d) An employee who violates subdivision (a) may be liable in an action
for civil damages brought against the employee by the offended party.

(e) Nothing in this section shall be construed to authorize an
individual to disclose information otherwise prohibited by or under law.

(Added by Stats. 2000, Ch. 531, Sec. 1.)


 44114


Reporting by School Employees of Improper Governmental Activities
(a) A public school employee or applicant for employment with a public
school employer who files a written complaint with his or her supervisor, a
school administrator, or the public school employer alleging actual or
attempted acts of reprisal, retaliation, threats, coercion, or similar
improper acts prohibited by Section 44113 for having disclosed improper
governmental activities or for refusing to obey an illegal order may also file a copy
of the written complaint  with the local law enforcement agency together
with a sworn statement that the contents of the written complaint are true,
or are believed by the affiant to be true, under penalty of  perjury.   The
complaint filed with the local law enforcement agency shall be filed within 12
months of the most recent act of reprisal  that is the subject of the
complaint.

(b) A person who intentionally engages in acts of reprisal,
retaliation, threats, coercion, or similar acts against a public school employee
or applicant for employment with a public school employer for having
made a protected disclosure is subject to a fine not to exceed ten thousand
dollars ($10,000) and imprisonment in the county jail for a period not to
exceed one year.  Any public school employee, officer, or administrator who
intentionally engages in that conduct shall also be subject to discipline by the
public school employer.  If no adverse action is instituted by the public
school employer, and it is determined that there is reasonable cause to
believe that an act of reprisal, retaliation, threats, coercion, or similar
acts prohibited by Section 44113, the local law enforcement agency may
report the nature and details of the activity to the governing board of the
school district or county board of education, as appropriate.

(c) In addition to all other penalties provided by law, a person who
intentionally engages in acts of reprisal, retaliation, threats, coercion, or
similar acts against a public school employee or applicant for employment
with a public school employer for having made a protected disclosure shall
be liable in an action for damages brought against him or her by the
injured party.  Punitive damages may be awarded by the court where the acts of
the offending party are proven to be malicious.  Where liability has been
established, the injured party shall also be entitled to reasonable attorney's
fees as provided by law.  However, an action for damages shall not be
available to the injured party unless the injured party has first filed a
complaint with the local law enforcement agency.

(d) This section is not intended to prevent a public school employer,
school administrator, or supervisor from taking, failing to take,
directing others to take, recommending, or approving a personnel action with
respect to a public school employee or applicant for employment with a public
school employer if the public school employer, school administrator, or
supervisor reasonably believes the action or inaction is justified on the basis
of evidence separate and apart from the fact that the person has made a
protected disclosure as defined in subdivision (e) of Section 44112.

(e) In any civil action or administrative proceeding, once it has been
demonstrated by a preponderance of evidence that an activity protected by this
article was a contributing factor in the alleged retaliation against a
former, current, or prospective public school employee, the burden of proof
shall be on the supervisor, school administrator, or public school
employer to demonstrate by clear and convincing evidence that the alleged
action would have occurred for legitimate, independent reasons even if the
public school employee had not engaged in protected disclosures or refused
an illegal order.   If the supervisor, school administrator, or public
school employer fails to meet this burden of proof in an adverse action
against the public school employee in any administrative review, challenge,
or adjudication in which retaliation has been demonstrated to be a
contributing factor, the public school employee shall have a complete affirmative
defense in the adverse action.

(f) Nothing in this article shall be deemed to diminish the rights,
privileges, or remedies of a public school employee under any other federal or
state law or under an employment contract or collective bargaining
agreement.

(g) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the
memorandum of understanding shall be controlling without further legislative
action.

(Added by Stats. 2000, Ch. 531, Sec. 1.)

Education Code
EC 44200

Chapter 3 Teacher Credentialing, Article 1 General Provisions
This chapter shall be known and may be cited as the "Teacher
Credentialing Law of 1988" or "The Bergeson Act."

(Amended by Stats. 1989, Ch. 1360, Sec. 24.)




Education Code
EC 44202

Legislative intent
It is the intent of the Legislature that the Commission for Teacher
Preparation and Licensing shall exercise authority over all services provided to
pupils in grade 12 or below. It is not the intent of the Legislature to
authorize the commission to issue credentials authorizing service in grades 13
and 14, or in any institution of higher education.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44203

Definitions
In this chapter the following terms shall be defined as specified in
this section:

(a) "Professional teacher certification requirements" means a
policy of requiring each beginning teacher to complete a program of planned
support and systematic assessment, as determined by the commission, as a
condition for earning a professional teaching credential.

(b) "Beginning teacher support" means a combination of assistance,
guidance, encouragement, and diagnostic assessment that helps the

holders of preliminary teaching credentials to fulfill their
professional responsibilities effectively during the first year or two years of
classroom teaching, and that satisfies standards of support adopted by the
commission.

(c) "Beginning teacher assessment" means a process that has been
adopted or approved by the commission for measuring the performance s of the
holders of preliminary teaching credentials in order to help them improve,
and to determine whether their performances satisfy the commission's
standards of performance for earning the professional teaching credential.

(d) "Authorization" means the designation that appears on a
credential, certificate, or permit that identifies the subjects and
circumstances in which the holder of the credential, certificate, or permit may
teach, or the services which the holder may render in the public schools of
this state.

(e) "Basic teaching credential" means either of the following:

(1) A credential that authorizes the holder to teach the subjects
named on the credential, and for which possession of a baccalaureate degree
from a regionally accredited institution and completion of a
professional preparation program that includes student teaching are minimum
requirements.

(2) A clear designated subjects teaching credential that authorizes
the holder to teach the subjects named on the credential on a full-time
basis if the holder also possesses a baccalaureate degree from a regionally
accredited institution and has passed the state basic skills proficiency test.

A basic teaching credential meets the prerequisite teaching
credential requirement for any other teaching, specialist, or service
credential the commission is authorized to issue.

(Amended by Stats. 1993, Ch. 859, Sec. 1)




Education Code
EC 44210

Commission on Teacher Credentialing; members
There is hereby established in the state government the Commission on
Teacher Credentialing, to consist of 15 voting members, 14 of whom shall be
appointed by the Governor with the advice and consent of the Senate, as specified
in subdivisions (b) to (g), inclusive. The commission shall consist of
the following members:

(a) The Superintendent of Public Instruction or his or her designee.

(b) Six practicing teachers from public elementary and secondary
schools in California.

(c) One person who is employed on the basis of a services credential
other than an administrative services credential.

(d) One member of a school district governing board.

(e) Four representatives of the public. None of these persons shall
have been employed by an elementary or secondary school district in a
position requiring certification, or shall have served as a school district
governing board member in the five-year period immediately prior to his or her
appointment to the commission.

(f) One school administrator in a public elementary or secondary
school in California.

(g) One faculty member from a college or university that grants
baccalaureate degrees.

With the exception of the four representatives of the public and the
Superintendent of Public Instruction, the appointment of a member shall terminate if
he or she is no longer a practicing teacher in a public elementary or
secondary school, or a person who is employed on the basis of a valid services
credential or a school administrator, or a faculty member of a college or
university that grants baccalaureate degrees, or a school district governing
board member, as may be the case, in California.

Not more than one member of the commission is to be appointed from the
same school district or college or university campus.

The term of each member appointed to the commission on or prior to June
30, 1989, shall expire on July 1, 1989. It is the intent of the Legislature
that as of July 1, 1989, the Governor first appoint to the commission, as
feasible, members of the Commission on Teacher Credentialing whose terms,
notwithstanding this section, would not have expired, to facilitate the transition to
a commission with a reduced membership. Commencing July 1, 1989, four
members shall be appointed to the commission for terms of two years, five
members for terms of three years, and five members of terms of four years.

(h) Each appointment pursuant to this Section shall expire on
November 20 of the year of expiration of the applicable term. All appointments
made pursuant to this section shall be subject to Section 44213.

(Amended by Stats. 1988, Ch. 1355, Sec. 4.5.)




Education Code
EC 44210.5

Legislative intent
It is the intent of the Legislature that appointees to the commission
reflect the ethnic and cultural diversity of the California public schools.

(Added by Stats. 1988, Ch. 1355, Sec. 4.6.)




Education Code
EC 44211

Nominations
Representatives of statewide organizations may submit for the
Governor's consideration the names of distinguished individuals to serve on the
commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44212

Ex officio members
The Regents of the University of California, the Trustees of the
California State University, the California Postsecondary Education
Commission, and the Association of Independent California Colleges and
Universities shall each appoint a representative to serve as member ex officio
without vote in proceedings of the commission.

The ex officio members shall not vote in any proceedings of the
commission nor in any of its committees or subcommittees, except, by a majority
vote of the commission, ex officio members may be permitted to vote in
committees or subcommittees in order to establish a quorum or as otherwise
determined by majority vote of the commission.

(Amended by Stats. 1988, Ch. 1355, Sec. 4.7.)




Education Code
EC 44213

Terms
Except as otherwise provided pursuant to Section 44210, upon the
expiration of the term of office of an appointive member of the commission, the
member's successor shall be appointed for a term of four years. No person shall
be appointed by the Governor to serve more than two consecutive full
terms. Prior service on the commission for a term of less than three years
resulting from an initial appointment or an appointment for the remainder of an
unexpired term shall not be counted as a full term.

(Amended by Stats. 1988, Ch. 1355, Sec. 4.8.)

Reference:
Education Code 44210




Education Code
EC 44214

4 absences constitutes vacancy
If a member is absent from any four regularly scheduled meetings in any
calendar year, his or her office as a member of the commission shall be deemed
vacant. The chairperson of the commission shall forthwith notify the
Governor that the vacancy exists.

(Amended by Stats. 1990, Ch. 216, Sec. 15.)




Education Code
EC 44215

No compensation; travel expenses reimbursed
Except as provided pursuant to Section 44217 with respect to private
citizens, the members of the commission shall serve without compensation, but
shall be reimbursed for their actual and necessary travel expenses
incurred in the performance of their duties.

(Amended by Stats. 1978, Ch. 442.)

Reference:
Education Code 44217




Education Code
EC 44216

Public employee; time-off with pay to serve on commission
Whenever an employee of any public school district, state college, or
other public agency is appointed to membership on the commission, his
employer shall grant him sufficient time away from his regular duties, without
loss of income or other benefits to which he is entitled by reason of his
employment, to attend meetings of the commission and to attend to the duties
imposed upon him by reason of his membership on the commission. The employer of
any such member may make available such stenographic, secretarial, and
staff assistance as is reasonably necessary to enable him to execute the
duties imposed upon him by reason of his membership on the commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44217

Compensation
The compensation of the members of the commission who are public
employees shall not be reduced by the agency or body by which they are regularly
employed for any absence from service occasioned by attendance upon the
business of the commission, its committees or subcommittees.

Each school district which employs a member of the commission and
which is required to employ a person to replace such member during his
attendance at meetings of the commission or any committee or subcommittee
thereof, shall be reimbursed from the Teacher Credentials Fund for the cost
incurred by employing a replacement.

A private citizen member may be provided from the Teacher Credentials
Fund a stipend of up to fifty dollars ($50) per day, exclusive of per diem,
for attendance at a meeting of the commission or any committee or
subcommittee thereof, if such attendance results in loss of income.

(Amended by Stats. 1978, Ch. 442.)




Education Code
EC 44218

Chairman
The commission by majority vote of all its members shall elect its own
chairman from among its members.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44219

Meetings
The commission shall meet at least once each month in no fewer than ten
months each year. The chairperson, with the approval of the commission, may
call additional meetings.

In order that any allegation of misconduct and the effect thereof, if
any, upon the application or credential of a certified employee are
determined, as required by subdivision (b) of Section 44244, no later than six
months after an investigation is commenced, the commission or the Committee
of Credentials shall meet more frequently than once each month, if
possible.

(Amended by Stats. 1986, Ch. 625, Sec. 1.)

Reference:
Education Code 44244




Education Code
EC 44220

Executive director
(a) The commission shall appoint an executive director, who shall be
exempt from the provisions of the State Civil Service Act, and may in its
discretion remove him or her by a majority vote of all its members. He or she shall be
the secretary to the commission and its chief executive officer. He or she
shall receive the salary that the commission determines, and, subject to
appropriation, other prerequisites that the commission determines.

(b) Any power, duty, purpose, function, or jurisdiction that the
commission may lawfully delegate is delegated to the executive director, unless
the commission specifically has reserved the same for its own action.

(c) Pursuant to subdivision (aa) of Section 11126 of the Government
Code, the commission may hold closed sessions when considering matters
relating to the recruitment, appointment, employment, or removal of the
executive director.

(Amended by Stats. 1992, 1050, Sec. 1.)

Reference:
Government Code 11126




Education Code
EC 44221

Commission staff
The commission may employ such personnel as may be necessary to carry
out its duties and responsibilities. The staff of the commission shall be
subject to the relevant system and procedures of the state civil service. The
provisions of the State Civil Service Act contained in Part 2 (commencing with
Section 18500) of Division 5 of Title 2 of the Government Code shall apply to
such personnel.

All such persons, other than temporary employees, serving in the
state civil service and engaged in the performance of a function
transferred to the Commission for Teacher Preparation and Licensing or engaged in
the administration of a law, the administration of which is transferred
to the commission, shall remain in the state civil service and may
request transfer to the commission or remain with the Department of Education
on the effective date of this section. The status, position, and rights
of any such person shall not be affected by his transfer and shall
continue to be retained by him pursuant to the State Civil Service Act, except as
to positions the duties of which are vested in a position that is exempt
from civil service.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Government Code 18500




Education Code
EC 44222

Department of Education assistance
The Department of Education shall assist the commission in any manner
the commission may request in implementing this chapter; provided that
the department shall be reimbursed from the Teacher Credentials Fund for
any expenses incurred in assisting the commission or the Committee of
Credentials.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44225

Commission duties
The commission shall do all of the following:

(a) Establish professional standards, assessments, and
examinations for entry and advancement in the education profession. While the
Legislature recognizes that the commission will exercise its prerogative to
determine those requirements, it is the intent of the Legislature that
standards, assessments, and examinations be developed and implemented for the
following:

(1) The preliminary teaching credential, to be granted upon
possession of a baccalaureate degree from a regionally accredited institution
in a subject other than professional education, completion of an
accredited program of professional preparation, and either successful passage
of an examination or assessment that has been adopted or approved by the
commission in the subject or subjects appropriate to the grade level to be taught,
to include college level reading, writing, and mathematics skills, or
completion of an accredited program of subject matter preparation  and
successful passage of the basic skills proficiency test as provided for in
Article 4 (commencing with Section 44250). The commission shall uniformly
consider the results of the basic skills proficiency test in conjunction with
other pertinent information about the qualifications of each candidate
for a preliminary credential, and may award the credential on the basis of
the overall performance of a candidate as measured by several criteria of
professional competence, provided that each candidate meets minimum standards
set by the commission on each criterion. Upon application by a regionally
accredited institution of higher education, the commission may categorically
grant credit to coursework completed in an accredited program of
professional preparation, as specified by this paragraph, by undergraduates of
that institution, where the commission finds there are adequate
assurances of the quality of necessary undergraduate instruction in the liberal
arts and in the subject area or areas to be taught.

(2) The professional teaching credential, to be granted upon
successful passage of a state examination or assessment in the subject or
subjects appropriate to the grade level to be taught, to include college level
basic reading, writing, and mathematics skills, and completion of a period
of beginning teacher support that includes assessments of ability to
teach subject matter to pupils, ability to work well with pupils, classroom
management, and instructional skills. A candidate who successfully passes the
examination or assessment pursuant to paragraph (1) shall be deemed to have passed
the state examination or assessment in the subject or subjects to be
taught pursuant to this paragraph.

(b) Reduce and streamline the credential system to ensure teacher
competence in the subject field or fields, while allowing greater flexibility in
staffing local schools. The commission shall award the following types of
credentials to applicants whose preparation and competence satisfy its
standards:

(1) Basic teaching credentials for teaching in kindergarten, or any
of the grades 1 to 12, inclusive, in public schools in this state.

(2) Credentials for teaching adult education classes and vocational
education classes.

(3) Credentials for teaching specialties, including, but not
necessarily limited to, bilingual education, early childhood education, and
special education. The commission may grant credentials to any candidate who
concurrently meets the commission's standards of preparation and competence for
the preliminary basic teaching credential and the preliminary
specialty credential.

(4) Credentials for school services, for positions including, but
not limited to, administrators, school counselors, speech-language
therapists, audiologists, school psychologists, library media teachers,
supervisors of attendance, and school nurses.

The commission may establish standards and requirements for
preliminary and professional credentials of each type.

(c) Review and, if necessary, revise the code of ethics for the
teaching profession.

(d) Establish standards for the issuance and renewal of credentials,
certificates, and permits. In setting standards, the commission shall seek to
ensure, through its credentialing of teachers, that public school teachers
satisfy all of the following criteria:

(1) Are academically talented.

(2) Are knowledgeable of the subjects to be taught in the classroom.

(3) Are creative and energetic.

(4) Have the human skills to motivate and inspire pupils to achieve
their goals.

(5) Have the sensitivity to foster self-esteem in pupils through
recognition that each pupil has his or her own goals, talents, and levels of
development.

(6) Be willing to relate the educational process and their
instructional strategies to meet pupils' needs.

(7) Are able to work effectively with and motivate pupils from a
variety of ethnic, socioeconomic, cultural, academic, and linguistic
backgrounds.

(8) Have an understanding of principles and laws related to
educational equity, and the equitable practice of the profession of education
among all pupils regardless of their ethnicity, race, gender, age,
religious background, primary language, or handicapping condition.

(e) Determine the scope and authorization of credentials, to ensure
competence in teaching and other educational services, and establish sanctions
for the misuse of credentials and the misassignment of credential
holders. The commission may grant an added or supplementary authorization to a
credential holder who has met the requirements and standards of the commission
for the added or supplementary authorization. The commission shall
exempt the holder of a teaching credential obtained prior to January 1, 1974,
who adds an authorization by successfully completing a commission
approved subject matter examination, from the requirements of subdivision
(e) of Section 44259 and Sections 44261, 44261.5, and 44261.7.

(f) Collect, compile, and disseminate information regarding
exemplary practices in supporting and assessing beginning teachers.

(g) Establish alternative methods for entry into the teaching
profession, and into other certificated roles in the schools, by persons in
varying circumstances, including persons who have been educated outside of
California, provided that each applicant satisfies all of the requirements
established by the commission. One alternative method shall be the successful
completion of at least two years of classroom instruction under a district intern
certificate, pursuant to Article 7.5 (commencing with Section 44325). In
establishing alternative methods for entry into the teaching profession, the
commission shall develop strategies to encourage classroom aides to become
credentialed  teachers.

(h) Adopt a framework and general standards for the accreditation of
preparation programs for teachers and other certificated educators pursuant to
Article 7 (commencing with Section 44320).

(i) Appoint classroom teachers, school administrators, other
school services personnel, representatives of the public, and public or
private higher education representatives to one or more standing
committees, which shall be given authority to recommend to the commission
standards relating to examinations, performance assessments, program
accreditation, and licensing. The commission shall establish criteria for
membership on those committees, and shall determine the terms of committee
members. Appointments to standing committees by the commission shall
reflect, to the extent feasible, the ethnic and cultural diversity of the
California public schools.

(j) Consult with classroom teachers, faculty members from
institutions of higher education that maintain accredited programs of
professional preparation for teachers, administrators or other school services
personnel, and other experts to aid in the development of examinations and
assessments, and to study the impact of examinations and assessments on the
teaching profession. To increase the fairness of its certification
decisions, the commission may uniformly consider the results of tests,
subtests, and assessments in conjunction with each other, and in conjunction
with other pertinent information about the qualifications of each
candidate. The commission may award credentials on the basis of average overall
performances by candidates on several criteria of professional competence,
provided that each candidate meets minimum standards set by the commission on
each criterion.

(k) Adopt standards for all examinations and assessments which shall
ensure that all prospective teachers demonstrate an understanding of the
history and cultures of the major ethnic populations of this state and of
teaching strategies for the acquisition of English language skills by
non-English-speaking pupils.

(l) Determine the terms of credentials, certificates, and permits,
except that no credential, certificate, or permit shall be valid for more
than five years from the date of issuance. This article shall govern the
issuance of any credential, certificate, or permit, except as follows:

(1) A credential, certificate, or permit shall remain in force as long
as it is valid and continues to be valid under the laws and regulations
that were in effect when it was issued.

(2) The commission shall grant teaching credentials pursuant to
statutes that were in  effect on December 31, 1988, to candidates who, prior to
the effective date of regulations to implement subdivision (a), are in
the process of meeting the requirements for teaching credentials that
were in effect on December 31, 1988, except that neither enrollment as an
undergraduate student nor receipt of a baccalaureate degree from a regionally
accredited institution prior to the effective date of the regulations shall, by
themselves, exempt a candidate from the requirements of subdivision (a).
Enrollment in a preparation program for teachers prior to the effective date of
the regulations shall not exempt a candidate from the requirements of
paragraph (2) of subdivision (a), if the candidate's preliminary credential
was granted after the effective date of the regulations.

(m) Review requests from school districts, county offices of
education, private schools, postsecondary institutions, and individual
applicants for the waiver of one or more of the provisions of this chapter or other
provisions governing the preparation or licensing of educators. The commission
may grant a waiver upon its finding that professional preparation
equivalent to that prescribed under the provision or provisions to be waived will
be, or has been, completed by the credential candidate or candidates
affected or that a waiver is necessary to accomplish any of the following:

(1) Give a local education agency one semester or less to address
unanticipated, immediate, short-term shortages of fully qualified educators by
assigning a teacher who holds a basic teaching credential to teach outside of his
or her credential authorization, with the teacher's consent.

(2) Provide credential candidates additional time to complete a
credential requirement.

(3) Allow local school districts or schools to implement an education
reform or restructuring plan.

(4) Temporarily exempt from a specified credential requirement
small, geographically isolated regions with severely limited ability to
develop personnel.

(5) Provide other temporary exemptions when deemed appropriate by
the commission.

No provision in this chapter may be waived under Section 33050 and
33051, after June 30, 1994, by the State Board of Education.

(n) It is the intent of the Legislature that the commission develop
models for voluntary use by California colleges and universities which do
not have these models in place, to assist in the screening of applications
for admission to teacher education programs. The models shall give
emphasis to the following qualifications of the applicants: academic talent,
knowledge of subjects to be taught, basic academic skills, creativity,
experience in working with children and adolescents, ability to motivate and
inspire pupils, and willingness to relate education to pupils with a wide
variety of cultural, ethnic, and academic backgrounds. The commission may
continue to administer the state basic skills proficiency test, in order (1) to
utilize the results of this test in awarding preliminary teaching
credentials and emergency permits, and (2) to enable colleges and universities to
utilize this test in conjunction with other appropriate sources of
information in teacher preparation admission decisions. However, it is the
intent of the  Legislature that applicants for admission to teacher
preparation programs may not be denied admission solely on the basis of state basic
skills proficiency test results. The commission may recover the costs of
administering and developing the test by charging examinees a fee for taking the
test.

(o) It is the intent of the Legislature that the commission encourage
colleges and universities to design and implement, by August 1, 1990,
concentrated internship programs for persons who have attained a bachelor's
degree in the field in which they intend to teach. Those programs would be
targeted at subject area shortages, would substitute for conventional
training programs, and would include a full summer session of college level
coursework, a one-year internship, or the equivalent, a seminar throughout the
internship, and a summer session following the internship. Educator preparation
through internship programs shall be subject to Article 10 (commencing with
Section 44370).

(p) Grant a field placement certificate to any candidate who has been
admitted to an accredited program of professional preparation, and who must
complete a supervised practicum in public elementary or secondary schools as a
condition for completion of the program. The commission shall establish
standards for the issuance of field placement certificates.

(q) Propose appropriate rules and regulations to implement the act
which enacts this section.

(r) Adopt subject matter assessments for teaching credentials after
developing those assessments jointly with the Superintendent of Public
Instruction.

(Amended by Stats. 1993, Ch. 378, Sec. 1.)

Reference:
Education Code 33050
Education Code 33051
Education Code 44250
Education Code 44259
Education Code 44261
Education Code 44261.5
Education Code 44261.7
Education Code 44320
Education Code 44325
Education Code 44370




Education Code
EC 44225.5

Standards
The Commission on Teacher Credentialing shall adopt standards for
the issuance of teaching credentials to persons who received a score
equal to or exceeding the minimum acceptable score set by the commission.

(Amended by Stats. 1994, Ch. 922, Sec. 76.)




Education Code
EC 44225.6

Teacher Credentialing
(a) By April 15 of each year, the commission shall report to the
Legislature and the Governor on the number of classroom teachers who received
credentials, internships, and emergency permits in the previous fiscal year.  This
report shall include the following information (1) The number of
individuals recommended for credentials by institutions of higher education.

(2) The number of individuals recommended by school districts
operating district internship programs.

(3) The number of individuals receiving an initial credential based
on a program completed outside of California.

(4) The number of individuals serving in the following capacities by
subject matter, county, and school district (A) University internship.

(B) District internship.

(C) Preinternship.

(D) Emergency permit.

(E) Credential waiver.

(5) The specific subjects and teaching areas in which there are a
sufficient number of new holders of credentials to fill the positions currently
held by individuals with emergency permits.

(b) The commission shall make this report available to school
districts and county offices of education to assist them in the recruitment of
credentialed teachers.

(c) A common measure of whether teacher preparation programs are
meeting the challenge of preparing increasing numbers of new teachers is the
number of teaching credentials awarded.  The number of teaching credentials
recommended by these programs and awarded by the commission are indicators of the
productivity of teacher preparation programs.  The commission shall include in the
report prepared for the Legislature and Governor pursuant to subdivision
(a) the total number of teaching credentials recommended by all
accredited teacher preparation programs authorized by the commission and the
number recommended by each of the following (1) The University of California
system.

(2) The California State University system.

(3) Independent colleges and universities that offer teacher
preparation programs approved by the commission.

(4) Other institutions that offer teacher preparation programs
approved by the commission.

(Amended by Stats. 2001, Ch. 342, Sec. 4.)



Education Code
EC 44225.7

Teacher Credentialing
(a) The commission may approve a school district request for the
assignment of an individual pursuant to subdivision (m) of Section 44225 or
Section 44300 if the district has certified by  an annual resolution of the
governing board that it has made reasonable efforts to recruit a fully prepared
teacher for the assignment.  If a suitable fully prepared teacher is not
available to the school district, the district shall make reasonable efforts to
recruit an individual for the assignment, in the following order:

(1) A candidate who is scheduled to complete initial preparation
requirements within six months.

(2) A candidate who is qualified to participate in an approved
internship program in the region of the school district.

(b) If a suitable individual who meets the priorities listed in
subdivision (a) is not available to the school district, the district may, as a last
resort, request approval for the assignment of a person who does not meet that
criteria.

(c) As the supply of teaching interns increases as a result of
legislative efforts to expand the Alternative Certification Program, the
commission shall notify school districts that state policy directs the
assignment of interns to classrooms when available in a given region, with
decreased reliance on persons serving on emergency permits or credential
waivers.

(d) As the supply of fully prepared teachers increases as a result of
the Legislature's efforts to recruit and retain qualified teachers for
California classrooms, the commission shall notify school districts that state
policy directs the assignment of fully prepared teachers to California
classrooms, with the use of permits or waivers only when school districts are
geographically isolated from teacher preparation programs or in the case of
unanticipated, short-term need for the assignment of personnel.

(e) As used in this section, a "fully prepared teacher" means an
individual who has completed a teacher preparation program.  For purposes of this
subdivision, a "teacher preparation program" means either a set of courses,
including supervised field experience, or an equivalent alternative program,
that provides a curriculum of systematic preparation for serving as an
educator in California public schools.

(Added by Stats. 1999, Ch. 381, Sec. 3.)

Reference:
Education Code 44225
Education Code 44300




Education Code
EC 44226.5

Accreditation pilot project
(a) Contingent upon funding expressly for this purpose, the
commission, together with the Committee on Accreditation established pursuant
to Section 44373, shall establish a three-year accreditation pilot
project, beginning no later than June 15, 1999, to improve accreditation
review of nontraditional teacher preparation programs.  For the purposes of
this section, a "nontraditional teacher preparation program" is a
regionally accredited institution of higher education, located in California
or in another state, that delivers teacher preparation coursework at
one or more locations in California that are distant from the
institution's home campus.

(b) Notwithstanding subdivision (b) of Section 44227, the
commission shall include in the accreditation pilot project at least three, but
no more than six, institutions of higher education that are located in a
state other than California and that have been accredited by a regional
accrediting organization other than the Western Association of Schools and
Colleges, upon application from institutions that meet standards established
by the commission.  Participating institutions shall meet all
commission policies and procedures governing the approval and accreditation of
credential programs in addition to the requirements of any other applicable
laws.  The accreditation pilot project may also include programs offered by
institutions accredited by the Western Association of Schools and Colleges.

(c) In conducting the accreditation pilot project, the commission
and the Committee on Accreditation shall develop and employ specific
standards that address the unique characteristics of non-campus-based
programs and ensure that the teacher preparation programs of participating
institutions are equivalent to, and not of a lower quality or standard than,
traditional teacher preparation programs.  These standards shall provide for
early initial reviews of newly created, nontraditional programs to assure
candidates and public schools that candidates enrolled in the programs are
provided with sufficient opportunities to meet state teacher credentialing
standards to ensure that these candidates will be as qualified to teach in
California public schools as those teachers prepared and educated in teacher
preparation programs approved prior to the enactment of the act adding this
section.

(d) The goals and objectives of the accreditation pilot project
include, but need not be limited to, the following outcomes:

(1) Expansion of the number of accredited teacher preparation
programs in California.

(2) An increase in the number of candidates recommended for
California teaching credentials.

(3) A determination of whether current teacher preparation
standards are sufficient to ensure quality and effectiveness when applied to
programs offered at a distance from an institution's home campus,
particularly when the institution is accredited by a regional accrediting body
other than the Western Association of Schools and Colleges.

(4) Proposed modifications of existing standards, policies,
funding or procedures, and the development of new standards, policies,
funding or procedures, to ensure the quality and effectiveness of programs
offered at a distance from a home campus.

(e) The commission and the Committee on Accreditation shall report to
the Legislature on the results of the accreditation pilot project on or
before August 15, 2002, with recommendations to maintain, modify, delete,
or expand the accreditation project established pursuant to this
section.  The commission and the Committee on Accreditation shall assess and
report upon any instance where an institution of higher education that is
participating in the accreditation pilot project initiated a teacher preparation
program or location which is later terminated or closed.

(f) This section shall become inoperative on June 15, 2002, and as of
January 1, 2003, is repealed, unless a later enacted statute, that becomes
effective on or before January 1, 2003, deletes or extends the dates on which it
becomes inoperative and is repealed.

Reference:
Education Code 44227
Education Code 44373

(Added by Stats. 1998, Ch. 544, Sec. 2.)




 44227


Commission approval teacher education; credentials
(a) The commission may approve any institution of higher education
whose teacher education program meets the standards prescribed by the
commission, to recommend to the commission the issuance of credentials to persons
who have successfully completed those programs.

(b) Notwithstanding any provision of law to the contrary, the
commission may approve for credit any coursework completed for credential
purposes or for step increases in programs offered in California by
out-of-state institutions of higher education that meet the requirements
prescribed by Chapter 7 (commencing with Section 94700) of Part 59 only if the
program of courses is offered by a regionally accredited institution and
evidence of satisfactory evaluation by that accrediting body is submitted by
the out-of-state institution to the commission for purposes of seeking
approval of the program and any courses within that program to enable potential
teachers to meet one or more requirements for a teaching credential in
California.

(Amended by Stats. 2001, Ch. 342, Sec. 6.)

Reference:
Education Code 94700



Education Code
EC 44227.5

Legislative intent
(a) It is the intent of the Legislature that college and university
faculty members who teach courses relating to teaching or administrative
methods in programs of professional preparation that are approved by the
Commission on Teacher Credentialing have direct knowledge of the way that public
elementary and secondary schools function and operate.

(b) The Commission on Teacher Credentialing, in cooperation with
public and private postsecondary institutions operating teacher
education programs, shall develop standards and procedures which ensure that
each faculty member who teaches a course relating to teaching methods in an
approved program of professional preparation actively participates in
public elementary or secondary schools and classrooms at least once every
three academic years.

(c) The commission, in cooperation with public and private
postsecondary institutions operating administrative services credential
programs, shall develop standards and procedures which ensure that each
faculty member who teaches a course relating to administrative methods as
defined by the commission in an approved program of professional preparation
actively participates in public elementary or secondary schools or
classrooms at least once every three academic years.

(d) The commission shall exempt from this requirement faculty
members whose primary assignments are in departments or schools other than
education.

(Amended by Stats. 1989, Ch. 1057, Sec. 1.)




Education Code
EC 44227.7

Legislative intent
The Legislature encourages institutions of higher education to
provide, in teacher training programs, increased emphasis on the recognition
of, and teaching strategies for, specific learning disabilities,
including dyslexia and related disorders. Experts in the field of these
disabilities should be utilized for that purpose.

(Added by Stats. 1990, Ch. 1501, Sec. 3.)




Education Code
EC 44228

Visiting teams
To assist in approving teacher education programs, the commission
may appoint panels of educators, including public school classroom
teachers, and lay persons to serve as members of visiting teams to institutions
and school districts having such programs. The provisions of Sections
44215, 44216, and 44217 shall be applicable to such panels of educators.

(Amended by Stats. 1977, Ch. 36.)

Reference:
Education Code 44215
Education Code 44216
Education Code 44217




Education Code
EC 44229

Public appearance before commission
The commission shall invite the public, the teaching profession, and
interested professional groups and associations to appear before it and submit
proposals for commission consideration and action.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44230

Records
(a) (1) The commission shall maintain for public record, and may
disclose, only the following information relating to the credentials,
certificates, permits, or other documents that it issues: the document number,
title, term of validity, subjects, authorizations, effective dates,
renewal requirements, and restrictions.  The commission may also disclose
the last known business address of any applicant or credentialholder.

(2) Notwithstanding any other provision of law, except as provided
for in Section 44248, no information, other than that set forth in
paragraph (1), may be disclosed by the commission absent an order from a court of
competent jurisdiction.

(b) In order to expedite the application process for the benefit of
applicants for credentials, certificates, permits, or other documents issued
by the commission, the commission may receive from, or transmit to, the
agency that submitted the application, either electronically or by printed
copy, the information set forth in that application.  For purposes of this
subdivision, "agency" means a school district, county office of education, or
institution of higher education having a commission-approved program of
professional preparation.

(Amended by Stats. 2001, Ch. 342, Sec. 9.)

Reference:
Education Code 44248



Education Code
EC 44231

Open meetings
Unless otherwise specified, the meetings of the commission shall be
open and public and due notice of their time and place shall be posted.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44232

Contents with other states
The commission may enter into contracts with comparable agencies in
other states in order to facilitate the relocation of qualified teachers
from one state to another and to expedite other matters related to
ascertaining qualifications of credentialed teachers and other educators.

(Added by Stats. 1992, Ch. 1050, Sec. 3.)




Education Code
EC 44234

Teacher Credential Fund
(a) There is in the State Treasury the Teacher Credentials Fund. All
fees levied and collected by the commission shall be deposited in the
Teacher Credentials Fund and shall not be transferred to any other fund.

(b) Notwithstanding any other law, if at the beginning of any fiscal
year the commission has unencumbered funds in an amount which is in excess
of its operating budget, plus funds required to implement statutory
mandates and other changes to teacher credentials, plus a prudent reserve,
which reserve shall not exceed 10 percent of the total amount that the
commission is authorized to spend in that fiscal year, as determined by the
Department of Finance, the department shall recommend a reduction in credential
or other fees, whether fixed by statute or determined by this commission
within limits fixed by statute, in an amount which will reduce any surplus
funds of the commission.

(c) Nothing in this section shall preclude the implementation of
multiyear mandates that require a reserve amount that is greater than 10 percent
in one fiscal year.

(Amended by Stats. 1994, Ch. 816, Sec. 1.)




Education Code
EC 44235

Fees
(a) Fees shall be levied by the commission for the issuance and renewal
of teaching and service credentials.  Commencing January 1, 1987, the
fee for the issuance and renewal of teaching and service credentials
shall be fifty dollars ($50).  In subsequent years, the commission may set a
different fee, but in no case shall a fee exceed seventy dollars ($70) without
express legislative approval.

(b) A single fee, not to exceed the charge for a single supplemental
credential, shall be charged for all supplemental credentials applied for at the
same time as a teaching or service credential pursuant to subdivision
(a).

(c) Subject to funds being appropriated expressly for this purpose in
the annual Budget Act, fees authorized by this section shall be waived by
the commission for first-time teaching credential applicants for the
following credentials:

(1) Single subject credential.

(2) Multiple subject credential.

(3) Special education credential.

(4) Specialist instruction credential.

(d) Annually, as part of the budget review process, the Department of
Finance shall recommend to the Legislature an appropriate credential fee
sufficient to generate revenues necessary to support the operating budget of the
commission plus a prudent reserve, as determined by the Department of Finance
pursuant to subdivision (b) of Section 44234.

(Amended by Stats. 1999, Ch. 78, Sec. 29.)

Reference:
Education Code 44234




Education Code
EC 44235.1

Test Development and Administration Account
(a) Effective July 1, 1987, all fees collected by the commission for
tests, examinations, or assessments shall be deposited in the Test
Development and Administration Account, which is hereby created in the Teacher
Credentials Fund.

(b) Any proposed expenditures from this account shall be subject to
the normal legislative budget review process.

(c) Except as otherwise provided in subdivision (e) or unless
otherwise authorized by the Legislature, funds deposited in this account shall
be expended for the development, agency-support, maintenance, or
administration of tests or other assessments established, required, or
administered by the commission.

(d) Funds in this account shall not be subject to the provisions of
subdivision (b) of Section 44234

(e) If there is a deficiency in the Teacher Credentials Fund, the
Department of Finance may authorize a loan from the Test Development and
Administration Account to the Teacher Credentials Fund to the extent needed to cover
the projected deficiency.

Any loan made under this subdivision shall be repaid under the terms
provided in the authorization.

(Amended by Stats. 1992, Ch. 1050, Sec. 4.)

Reference:
Education Code 44234




Education Code
EC 44235.3

Fees
Within the limits set forth in this chapter, the commission may
establish and collect fees to recover its costs for the development and
administration of any subject matter examination adopted by the commission to
implement the provisions of this chapter, unless the costs are recovered by
appropriations from another source of funds.

(Added by Stats. 1988, Ch. 1355, Sec. 11.)




Education Code
EC 44236

Refund of fee
Any fee or excess amount of fee paid under Section 44235 may be refunded
by the commission from the Teacher Credentials Fund when the applicant
does not qualify for a credential or when such fee or excess is paid in error,
and the amount of any such refund is hereby appropriated for the making of
such refund.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44235




Education Code
EC 44237

Fingerprinting; private school employees
(a) Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary or high
school level shall require each applicant for employment in a position
requiring contact with minor pupils who does not possess a valid credential
issued by the Commission on Teacher Credentialing or is not currently
licensed by another state agency that requires a criminal record summary that
directly relates to services provided in a facility described in this section
and has background clearance criteria that meets or exceeds the
requirements of this section, to submit two sets of fingerprints prepared for
submittal by the employer to the Department of Justice for the purpose of
obtaining criminal record summary information from the Department of Justice
and the Federal Bureau of Investigation.

(b) (1) As used in this section, "employer" means every person, firm,
association, partnership, or corporation offering or conducting private school
instruction on the elementary or high school level.

(2) As used in this section, "employment" means the act of engaging the
services of a person, who will have contact with pupils, to work in a position at a
private school at the elementary or high school level on or after September 30,
1997, on a regular, paid full-time basis, regular, paid part-time basis, or
paid full- or part-time seasonal basis.

(3) As used in this section, "applicant" means any  person who is
seriously being considered for employment by an employer.

(4) This section does not apply to a secondary school pupil working at
the school he or she attends.

(c) (1) Upon receiving the identification cards, the Department of
Justice shall ascertain whether the applicant has been arrested or convicted
of any crime insofar as that fact can be ascertained from information
available to the department and forward the information to the employer
submitting the fingerprints no more than 15 working days after receiving the
identification cards.  The Department of Justice shall not forward information
regarding criminal proceedings that did not result in a conviction but shall
forward information on arrests pending adjudication.

(2) Upon implementation of an electronic fingerprinting system with
terminals located statewide and managed by the Department of Justice, the
Department of Justice shall ascertain the information required pursuant to this
subdivision within three working days.  If the Department of Justice cannot
ascertain the information required pursuant to this subdivision within three
working days, the department shall notify the employer submitting the
fingerprints that it cannot so ascertain the required information.  This
notification shall be delivered by telephone or electronic mail to the employer
submitting the fingerprints.  If the employer submitting the fingerprints is
notified by the Department of Justice that it cannot ascertain the required
information about a person, the employer may not employ that person until the
Department of Justice ascertains that information.

(3) The Department of Justice shall review the criminal record
summary it obtains from the Federal Bureau of Investigation to ascertain
whether an applicant for employment has a conviction, or an arrest pending
final adjudication, for any sex offense, controlled substance offense,
crime of violence, or serious or violent felony.  The Department of Justice
shall provide written notification to the private school employer only as
to whether an applicant for employment has any convictions, or arrests
pending final adjudication, for any of these crimes.

(d) An employer shall not employ a person until the Department of
Justice completes its check of the state criminal history file as set forth in
this section.

(e) A person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary or high
school level shall not employ a person who has been convicted of a violent or
serious felony.

(f) An employer shall request subsequent arrest service from the
Department of Justice as provided under Section 11105.2 of the Penal Code.

(g) This section applies to any violent or serious offense which, if
committed in this state, would have been punishable as a violent or serious
felony.

(h) For purposes of this section, a violent felony is any felony listed
in subdivision (c) of Section 667.5 of the Penal Code and a serious felony
is any felony listed in subdivision (c) of Section 1192.7 of the Penal
Code.

(i) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the person has
been convicted of a violent or serious felony if the person has obtained a
certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing
with Section 4852.01) of Title 6 of Part 3 of the Penal Code.

(j) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the person has
been convicted of a serious felony that is not also a violent felony if that
person can prove to the sentencing court of the offense in question, by clear
and convincing evidence, that he or she has been rehabilitated for the
purposes of school employment for at least one year.  If the offense in question
occurred outside this state, then the person may seek a finding of
rehabilitation from the court in the county in which he or she is a resident.

(k) The Commission on Teacher Credentialing shall send on a monthly
basis to each private school a list of all teachers who have had their state
teaching credential revoked or suspended. The list shall be identical to the
list compiled for public schools in the state.  The commission shall also
send on a quarterly basis a complete and updated list of all teachers who
have had their teaching credentials revoked or suspended, excluding
teachers who have had their credentials reinstated, or who are deceased.

(l) The Department of Justice may charge a reasonable fee to cover
costs associated with the processing, reviewing, and supplying of the
criminal record summary as required by this section.  In no event shall the fee
exceed the actual costs incurred by the department.

(m) Where reasonable access to the statewide, electronic
fingerprinting network is available, the Department of Justice may mandate
electronic submission of the fingerprints and related information required by
this section.

(n) All information obtained from the Department of Justice is
confidential.  Agencies handling Department of Justice information shall ensure
the following:

(1) No recipient shall disclose its contents or provide copies of
information.

(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.

(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of Title 11 of the
California Code of Regulations.

(4) Compliance with destruction, storage, dissemination,
auditing, backgrounding, and training requirements as set forth in Sections
700 through 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and security of
criminal offender record information is the responsibility of the entity
receiving the information from the Department of Justice.

(Amended by Stats. 1998, Ch. 840, Sec. 3.)

Reference:
Penal Code 667.5
Penal Code 1192.7
Penal Code 4852.01
Penal Code 11077
Penal Code 11105.2





Education Code
EC 44239

Proposed and adopted policies and regulations
The commission, the State Board of Education, and the Superintendent
of Public Instruction shall notify one another regarding proposed and
adopted policies and regulations, in order to achieve consistency in state
policies concerning the professional preparation of teachers, and
curriculum and instruction in the public elementary and secondary schools.

(Added by Stats. 1988, Ch. 1355, Sec. 12.)




Education Code
EC 44240

Article 3. Committee of Credentials
The commission shall appoint a Committee of Credentials, consisting
of seven persons for terms fixed by the commission but not to exceed two
years. The committee shall include:

(a) One member who shall be a full-time certified classroom teacher in
the public elementary schools with not less than five years' classroom
experience.

(b) One member who shall be a full-time certified classroom teacher in
the public secondary schools with not less than five years' classroom
experience.

(c) One member who shall be a certified administrative employee in the
public schools.

(d) One member who shall be a member of the governing board of any school
district. No person who is or has been employed in a certificated position in the
public schools within the preceding five years shall be appointed as a school
board member.

(e) Three members who shall be representatives of the public. No
person who is or has been employed in a certificated position in the public
schools or who is or has been a member of any governing board of a school district
or county board of education within the five years next preceding date of
appointment shall be appointed as a public member.

The additional public members of the committee provided for in this
section as amended during the 1977-78 Regular Session, shall be appointed by
the commission as vacancies in the committee occur, consistent with the
requirements of professional representation. Appointments to the Committee of
Credentials shall reflect, to the extent feasible, the ethnic and cultural
diversity of California public schools.

(Amended by Stats. 1988, Ch. 1355, Sec. 14.)




Education Code
EC 44241

Applicable sections
Sections 44215, 44216, 44217, 44218, 44220, and 44221 are applicable
to the Committee of Credentials.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44215
Education Code 44216
Education Code 44217
Education Code 44218
Education Code 44220
Education Code 44221




Education Code
EC 44242

Committee of credentials
The Committee of Credentials shall be under the direct supervision of
the commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44242.5

Investigation of allegations
(a) Each allegation of an act or omission by an applicant for, or holder
of, a credential for which he or she may be subject to an adverse action
shall be presented to the Committee of Credentials.

(b) The committee has jurisdiction to commence an initial review upon
receipt of any of the following (1) (A) Official records of the Department of
Justice, of any law enforcement agency, of any state or federal court, and of any
other agency of this state or another state.

(B) For purposes of paragraph (A), "agency of this state" has the same
meaning as that of "state agency" as set forth in Section 11000 of the
Government Code.

(2) An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute misconduct.

(3) (A) A statement from an employer notifying the commission that, as
a result of, or while an allegation of misconduct is pending, a
credential holder has been dismissed, nonreelected, suspended for more than 10
days, or placed pursuant to a final adverse employment action on unpaid
administrative leave for more than 10 days, or has resigned or otherwise left
employment.

(B) The employer shall provide the notice described in subparagraph
(A) to the commission not later than 30 days after the dismissal,
nonreelection, suspension, placement on unpaid administrative leave,
resignation, or departure from employment of the employee.

(4) A notice from an employer that a complaint was filed with the school
district alleging sexual misconduct by a credential holder.

Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is evidence
presented to the committee in the form of a written or oral declaration under
penalty of perjury that confirms the personal knowledge of the declarant
regarding the acts alleged to constitute misconduct.

(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1, 44421.5, or
44439.

(6) (A) An affirmative response on any application submitted to the
commission as to any conviction, adverse action on, or denial of, any license, or
pending investigation into any criminal allegation or pending
investigation of any noncriminal allegation of misconduct by a governmental
licensing entity.

(B) Failure to disclose any matter set forth in subparagraph (A).

(c) An initial review commences on the date that the written notice is
mailed to the applicant or credential holder that his or her fitness to hold a
credential is under review.  Upon commencement of a formal review pursuant to
Section 44244, the committee shall investigate all alleged misconduct and
the circumstances in mitigation and aggravation.  The investigation
shall include, but not be limited to, all of the following (1) Investigation
of the fitness and competence of the applicant or credential holder to
perform the duties authorized by the credential for which he or she has applied
or that he or she presently holds.

(2) Preparation of a summary of the applicable law, a summary of the
facts, contested and uncontested, and a summary of any circumstances in
aggravation or mitigation of the allegation.

(3) Determination of probable cause for an adverse action on the
credential.  If the allegation is for unprofessional or immoral conduct, the
committee shall, in any formal review conducted pursuant to Section 44244 to
determine probable cause, permit the employer of the credential holder to be
present while testimony is taken.  If the allegation of unprofessional or
immoral conduct involves sexual abuse, the employer shall be examined in the
meeting for any relevant evidence relating to the sexual abuse.

(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the investigation.

(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an applicant
or a credential holder pursuant to Section 44244.1, the commission
shall initiate an adjudicatory hearing, as prescribed by Chapter 5
(commencing with Section 11500) of Division 3 of Title 2 of the Government Code, by
filing an accusation or statement of issues.

(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following (1) (A) Official
records of any state or federal court that reflect a conviction or plea,
including a plea of nolo contendere, to any criminal offense or official records
of any state court that adjudge a juvenile to be a dependent of the court
pursuant to Section 300 of the Welfare and Institutions Code due to allegations
of sexual misconduct or physical abuse by a credential holder or
applicant.

(B) Nothing in paragraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due process
requirements set forth in Section 827 of the Welfare and Institutions Code.

(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.

(3) A statement described in paragraph (3) of subdivision (b).

(4) Official records of any governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.

(5) A notice described in paragraph (5) of subdivision (b).

(6) A response or failure to disclose, as described in paragraph (6) of
subdivision (b).

(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including its
findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.

(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, where adverse action is
recommended by the committee and a request is made within one year from the date the
committee makes a recommendation, to a school district providing verification
that the credential holder has applied for employment in the district.  The
findings shall, for all purposes, remain confidential and limited to school
district personnel in a direct supervisory capacity in relation to the person
investigated.  Any person who otherwise releases findings received from the
committee or the commission, absent a verified release signed by the person who
is the subject of the investigation, shall be guilty of a misdemeanor.

(3) The findings shall not contain any information that reveals the
identity of persons other than the person who is the subject of the
investigation.

(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction exists under
subdivision (b), the commission may, in accordance with Section 44341, make
inquiries and requests for production of information and records only from the
Department of Justice, any law enforcement agency, any state or federal court,
and any licensing agency of this state or any licensing agency of another
state.

(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.

(Amended by Stats. 2001, Ch. 342, Sec. 11.)

Reference:
Education Code 44244
Education Code 44244.1
Education Code 44341
Education Code 44420
Education Code 44421.1
Education Code 44421.5
Education Code 44439.
Government Code 11500
Welfare and Institutions Code 827




Education Code
EC 44242.7

Recurring conduct
(a) Any allegation of an act or omission by the holder of a credential,
except for an allegation that involves sexual misconduct with a minor or
recurring conduct resulting in a pattern of misconduct, shall be presented to
the Committee of Credentials for initial review within four years from
the date of the alleged act or omission, or within one year from the date the
act or omission should reasonably have been discovered.

(b) The commission shall adopt regulations specifying conduct that
is considered recurring conduct that results in a pattern of misconduct
as set forth in subdivision (a).

(Amended by Stats. 2001, Ch. 342, Sec. 12.)




Education Code
EC 44243

Duties
(a) The commission may assign to the Committee of Credentials
administrative duties as it may see fit relating to adverse actions concerning
applicants and credential holders.

(b) The commission shall supervise the work of the committee and shall
provide statements of policy relative to committee operation and procedures
as it deems appropriate to do so.

(Amended by Stats. 2001, Ch. 342, Sec. 13.)




Education Code
EC 44244

Notification of meeting; investigation
(a) At least 30 days prior to any formal review of the Committee of
Credentials at which the application of an applicant or credential of a holder is to
be considered, the committee shall notify the applicant or holder of the
specific allegations of misconduct that make the application or credential
subject to adverse action.  The notification shall be in ordinary and concise
language and set forth the acts or omissions charged and the statutes or rules
violated.  Supplemental allegations of misconduct shall be sent to the holder or
applicant at least 30 days prior to the formal review.

The portions of the investigation of the original or supplemental
allegations that constitute the basis for the allegations shall be open to
inspection and copying by the holder or applicant and his or her attorney.  The
statement of the allegations shall inform the applicant or holder that the
allegations, if true, are sufficient to cause his or her application or credential
to be subject to adverse action.

(b) (1) The formal review shall be held no later than six months after
the commencement of the initial review as set forth in subdivision (c) of
Section 44242.5.  The formal review shall determine either that no adverse
action shall be taken or that the allegations are sufficient to cause his or
her application or credential to be subject to adverse action.

(2) All testimony before the committee shall be verified under
penalty of perjury by oath or affirmation.  The chairperson of the committee
may administer the oath or affirmation.  The chairperson may designate
staff to administer the oath or affirmation for statements taken during the
investigation of allegations of misconduct.

(c) Notwithstanding subdivision (b), the chairperson of the
commission may grant the committee an extension of time, not exceeding six
months, when the committee demonstrates that additional time is necessary to
complete its investigation or determination, as described in subdivision
(b).

(d) The recommendation of the committee shall be in writing and a copy
of the recommendation shall be delivered to the credential holder or
applicant personally or sent to him or her by registered mail within 14 days after
the formal review, together with specific information relative to any
appeal rights to which the credential holder or applicant is entitled.

(Amended by Stats. 2001, Ch. 342, Sec. 14.)

Reference:
Education Code 44242.5




Education Code
EC 44244.1

Recommendation to deny, suspend or revoke
(a) (1) A recommendation by the Committee of Credentials to take an
adverse action may be adopted by the commission without further proceedings
if, after service of notice of the committee recommendation pursuant to
Section 44244, the credential holder or applicant fails to give notice of
intent to request an administrative hearing or if he or she gives notice of
intent not to request an administrative hearing within 30 days.

(2) For good cause shown, the commission may grant an additional

30 days for filing of a request for an administrative hearing.

(b) The commission shall make no disclosures concerning private
admonitions except as required by Section 44438.

(Amended by Stats. 2001, Ch. 342, Sec. 15.)

Reference:
Education Code 44244




Education Code
EC 44245

Closed sessions
(a) Notwithstanding any other provisions of law, all hearings and
deliberations of the commission and Committee of Credentials to consider an adverse
action or a reinstatement or reduction in penalty shall be closed sessions
with only commission members, committee members, staff members, the
credential holder or applicant whose application or credential is in issue, the
counsel of the credential holder or applicant, and any material witnesses in
attendance.

(b) All final actions taken pursuant to subdivision (a) shall be made
public.

(c) Notwithstanding subdivision (b), disclosure of private
admonitions shall be in accordance with Section 44438.

(Amended by Stats. 2001, Ch. 342, Sec. 16.)



Education Code
EC 44246

Hearing
When a hearing is held to deny, suspend, or revoke a credential, the
proceeding shall be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the
commission shall have all the powers granted therein.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Government Code 11500




Education Code
EC 44247

Reevaluation request
Any applicant for the renewal certification document who is denied a
renewal by the Committee of Credentials may request a reevaluation of his
application by the commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44248

Release of Confidential information
(a) Any member of the commission, commission staff member, member or
staff member of the Committee of Credentials, State Department of
Education employee who releases or gives out information received at a
commission or committee meeting or hearing or through the investigation of a
certified employee without authorization of the commission or committee, is
guilty of a misdemeanor.

(b) Any material witness or his or her representative who releases or
gives out information received at a commission or committee meeting or
hearing, or who releases or gives out information obtained as a result of direct
involvement in the investigation of a certified employee, without authorization
of the commission or committee, is guilty of a misdemeanor unless this
information was known to the material witness or his or her representative prior to
that meeting, hearing, or investigation.

(Amended by Stats. 1981, Ch. 503, Sec. 1.)




Education Code
EC 44250

Article 4. Credential Types
The commission shall issue only the following two types of
credentials, with authorizations as hereinafter defined:

(a) A teaching credential.

(b) A services credential.

The commission may issue an internship teaching or services
credential.

(Amended by Stats. 1993, Ch. 859, Sec. 2)




Education Code
EC 44251

Credentials; length of time credentials are valid
(a) The period for which a credential, as authorized under Section
44250 issued prior to September 1, 1985, is valid shall be as follows:

(1) For an internship credential: two years.

(2) For a preliminary credential, pending completion of the fifth
year of study: five years.

(3) For a life credential: the life of the holder.

(b) The period for which a credential issued on or after September 1,
1985, as authorized under Section 44250 is valid, shall be as follows:

(1) For an internship credential, two years.

(2) For a preliminary credential, pending completion of the fifth
year of study:  five years.

(3) For an applicant's first clear multiple or single subject
teaching credential:  the life of the holder, if the holder meets the
requirements of Section 44277.

(4) For any clear multiple or single subject teaching credential
other than those to which paragraph (3) applies, the life of the holder.

(c) The period for which an emergency permit, as authorized under
Section 44300 issued before, on, or after January 1, 1998, is valid is one year.
For an emergency permit issued prior to January 1, 1998, that is in effect
on or after January 1, 1998, that emergency permit may be reissued for
additional one-year periods, as the commission may determine, not to exceed a
total of five one-year reissue periods.  For an emergency permit issued on or
after January 1, 1998, the emergency permit may be reissued for additional
one-year periods, as the commission may determine, not to exceed a total of four
one-year reissue periods.

(Amended by Stats. 1997, Ch. 344, Sec. 1.)

Reference:
Education Code 44250
Education Code 44277
Education Code 44300



Education Code
EC 44252

Standards and procedures
***Note: Appropriation contained in Section 4 of Ch. 1478, Statutes
of was deleted by Governor Deukmejian when he signed this
legislation.***

(a) The commission shall establish standards and procedures for the
initial issuance and renewal of credentials.

(b) Commencing on February 1, 1983, the Commission on Teacher
Credentialing shall not issue initially any credential, permit, certificate, or
renewal of an emergency credential to any person to serve in the public schools
unless the person has demonstrated proficiency in basic reading, writing,
and mathematics skills in the English language as provided in Section
44252.5. However, an emergency credential holder who has passed the basic
skills proficiency test shall not be required to repeat the test in order to
obtain a renewal of his or her emergency credential. The commission shall
exempt from the basic skills proficiency test requirement any of the
following persons:

(1) A person credentialed solely for the purpose of teaching adults in
an apprenticeship program.

(2) An applicant for an adult education designated subject
credential for other than an academic subject.

(3) A person credentialed in another state who is an applicant for
employment in a school district in this state who has passed a basic skills
proficiency examination which has been developed and administered by the school
district offering that person employment, or by cooperating school
districts, or by the appropriate county office of education. School districts
administering a basic skills proficiency examination under this paragraph shall
comply with the requirements of subdivision (h) of Section 44830. Such an
applicant shall be granted a nonrenewable credential, valid for not longer than
one year, pending fulfillment of the basic skills proficiency
requirement pursuant to Section 44252.5.

(4) An applicant for a child care center permit or a permit authorizing
service in a development center for the handicapped, so long as the holder of
the permit is not required to have a baccalaureate degree.

(5) The holder of a credential, permit, or certificate to teach, other
than an emergency credential, who seeks an additional authorization to
teach.

(6) An applicant for a credential to provide service in the health
profession.

(c) By December 31, 1982, the Superintendent of Public Instruction
shall adopt an appropriate state test to measure proficiency in these basic
skills. In adopting the test, the superintendent shall seek assistance from
the commission and an advisory board. A majority of the members of the
advisory board shall be classroom teachers. The board shall also include
representatives of local school boards, school administrators, parents, and
postsecondary institutions.

The superintendent shall adopt any normed test that the
superintendent determines will sufficiently test basic skills for purposes of this
section.

The superintendent, in conjunction with the commission and approved
teacher training institutions, shall take steps necessary to insure the
effective implementation of this provision.

(d) Nothing in this section shall be construed as requiring the
holders of, or applicants for, a designated subjects special subjects
credential or vocational designated subject credential to pass the state basic
skills proficiency test, unless the requirements for the specific
credential required the possession of a baccalaureate degree. The governing
board of each school district, or each governing board of a consortium of
school districts, or each governing board involved in a joint powers
agreement, which employs a holder of a designated subjects special subjects
credential or vocational designated subject credential shall establish its own
basic skills proficiency criteria for the holders of these credentials and
shall arrange for those individuals to be assessed. The basic skills
proficiency criteria established by the governing board shall be at least
equivalent to the test required by the district, or in the case of a consortium or a
joint powers agreement, by any of the participating districts, for
graduation from high school. The governing board or boards may charge a fee to
individuals being tested to cover the costs of the test, including the costs of
developing, administering, and grading the test.

(e) The commission shall compile data regarding the rate of passing
the state basic skills proficiency test by persons who have been trained
in various institutions of higher education. The data shall be
available to members of the public, including to persons who intend to enroll in
teacher education programs.

(f) Each applicant to an approved credential program, unless
exempted by subdivision (b), shall take the state basic skills proficiency
test in order to provide both the prospective applicant and the program
with information regarding the applicant's proficiency level. Test
results shall be forwarded to each California postsecondary institution to
which the applicant has applied. The program shall use test results to
ensure that upon admission, each applicant receives appropriate academic
assistance necessary to pass the state basic skills proficiency test. Persons
residing outside the state shall take the test no later than the second
available administration following their enrollment in a credential
program.

It is the intent of the Legislature that applicants for admission to
teacher preparation programs not be denied admission on the basis of state
basic skills proficiency test results.

(Amended by Stats. 1990, Ch. 1478, Sec. 3.)

Reference:
Education Code 44252.5
Education Code 44830





 44252.1


Teacher Credentialing
(a) It is the intent of the Legislature that a credential candidate
enrolled in a credential preparation program receive reasonable time to
complete the program without meeting new requirements, including, but not
limited to, requirements added by statutes, regulations, or commission
standards, after the candidate's enrollment in the program.  Further, to ensure
that all candidates for a credential receive reasonable information and
advice as they proceed through their program, the Legislature finds and
declares that it is incumbent upon credential preparation programs to inform
candidates of new requirements and extension provisions available to eligible
candidates.

(b) For the purposes of this section, the following terms shall have
the following meanings:

(1) "Enrolled" refers to an individual who, on or after January 1,
2002, continuously participates in and is working toward completing the
requirements for a program that meets the minimum requirements for a California
preliminary multiple or single subject teaching credential as specified in
Section 44259.  Whether an individual is enrolled shall be subject to
verification by the Commission on Teacher Credentialing.

(2) "Continuously enrolled" refers to an individual who has begun a
teacher preparation program and does not have a break in that participation
that exceeds a period of 18 months.

(c) The commission shall adopt regulations to provide a credential
candidate enrolled in a commission-accredited preparation program,
including, but not limited to, an internship program as defined in Article 7.5
(commencing with Section 44325) and Article 3 (commencing with Section 44450), a
professional preparation program as defined in Article 7 (commencing with Section
44320), or an integrated program of professional preparation as defined in
Section 44259.1 with a grace period to complete the program without meeting
new requirements, including, but not limited to, requirements added by
statutes, regulations, or commission standards, after the candidate's
enrollment in the program.  The commission shall also ensure through standards
and accreditation procedures that credential preparation programs
provide credential candidates with information about new requirements and
extension provisions as outlined in this subdivision and subdivisions (d) and
(e).

(1) The commission shall adopt regulations that provide a credential
candidate enrolled in a commission-accredited preparation program time of not
less than 24 months after enrollment in the program, during which time new
or amended statutes, regulations, and commission standards that
become effective and are imposed on credential candidates after the
candidate's enrollment date shall not apply to that candidate.

(2) The commission shall allow a credential candidate an extension of
time in addition to the time specified pursuant to paragraph (1) to
complete a credential program under the statutes, regulations, and
commission standards in place at the time of the candidate's enrollment if the
candidate can demonstrate extenuating circumstances, including, but not
limited to, personal or family illness, bereavement, or financial hardship
and develops a plan, in consultation with the credential preparation
program, for continued progress toward completion of the preparation
program.

(d) The commission shall maintain a list of candidates who are allowed
an extended time period to complete the program under the statutes,
regulations, and commission standards in place at the time of the candidates'
enrollment prior to the effective date of a new or amended statute, regulation, or
standard.  This list shall include the projected date of program completion for
each candidate.

(e) (1) A credential candidate enrolled in an integrated program of
professional preparation pursuant to subdivision (a) of Section 44259.1 shall not
be subject to any new requirements added by statute, regulation, or
commission standards if that candidate is continuously enrolled in the program,
as defined in paragraph (2) of subdivision (b), and does not change the
type of credential or program he or she is pursuing once enrolled.

(2) A credential candidate continuously enrolled in an integrated
program of professional preparation pursuant to subdivision (a) of Section
44259.1 who has completed all requirements necessary to begin the student
teaching component of his or her program shall be eligible to receive an
extension of 12 months, if necessary, to complete the outstanding requirements
that were in place when that credential candidate began the preparation
program, and shall not be subject to any new requirements added by statute,
regulation, or commission standards, once that candidate begins the student
teaching portion of his or her program.

(3) Nothing in this subdivision shall limit a candidate's ability to
seek additional time to complete a credential pursuant to paragraph (2) of
subdivision (c).

(4) This subdivision shall remain in effect only until January 1,
2006.

(5) By June 30, 2004, the commission shall report to the education
policy committees in each house of the Legislature on the success of the
integrated program of professional development pursuant to Section 44259.1
toward preparing teacher candidates, including, but not limited to, the
number of students admitted to the teacher education component in each
program, the number of students who have completed all course requirements,
including student teaching, and who have applied for a credential, the number of
students applying for and receiving an extension pursuant to subdivision (e),
and the information collected pursuant to subdivision (d).

(f) Nothing in this section is intended to supersede subdivision (h)
of Section 44259.

(g) A modification of a credentialing examination by the commission
that is made as the result of a validity study or a passing standard study
shall not be considered a new requirement for purposes of this section.

(h) If credential preparation coursework that a credential
candidate has not yet taken is modified, the candidate shall take the modified
coursework instead of the previously required coursework unless the modified
coursework is not readily available, the modified coursework would result in an
increased cost to the candidate, or completion of the modified coursework would
delay the candidate's completion of the credential preparation program.

(i) Once a candidate has received a preliminary California teaching
credential pursuant to Section 44259 and is employed as the teacher of record in a
California public school, the candidate shall not be subject to any new
requirements for completing the induction phase required to obtain the
professional clear teaching credential pursuant to Section 44279.4, for a period
not to exceed the length of time provided for the preliminary teaching
credential pursuant to Section 44251.

(Added by Stats. 2001, Ch. 565, Sec. 1.)

Reference:
Education Code 44251
Education Code 44259
Education Code 44259.1
Education Code 44279.4
Education Code 44320
Education Code 44325
Education Code 44450

Education Code
EC 44252.5

Basic skills proficiency test
(a) The commission shall administer the state basic skills
proficiency test pursuant to Sections 44227, 44252, and 44830 in accordance with
rules and regulations adopted by the commission. The adopted rules and
regulations shall be promulgated by the commission before January 1, 1983, and
shall be exempt from the requirements of Section 44232.  A fee shall be
charged to individuals being tested to cover the costs of the test, including
the costs of developing, administering, and grading the test.  The
commission shall establish the amount of this fee.  However, the fee shall not
exceed thirty dollars ($30) in the 1982-83 fiscal year, thirty-five dollars
($35) in the 1983-84 fiscal year, and forty dollars ($40) for the 1984-85
fiscal year to January 1, 2002.  Subsequent to January 1, 2002, the amount of
the fee shall be established by the commission to recover the cost of
examination administration and development pursuant to Section 44235.3.

(b) The commission may enter into agreements with other states
permitting the use of the state basic skills proficiency test as a requirement for
the issuance of credentials or for teacher preparation program
admission in those other states, provided that the use would advance the
interests of the State of California and that the other states reimburse the
Teacher Credentials Fund for a proportionate share of costs of the
development and administration of the test.

(c) Any individual who passes the state basic skills proficiency
test, as adopted by the Superintendent of Public Instruction, shall be
considered proficient in the skills of reading, writing, and mathematics, and
shall not be required to be retested by this test for purposes of meeting the
proficiency requirements of Sections 44227, 44252, and 44830.

(d) Any individual who passes one or more components of the state basic
skills proficiency test in the subjects of basic reading, writing, or
mathematics, shall be deemed to have demonstrated his or her proficiency in these
subject areas and shall not be required to be retested in these subjects during
subsequent test administrations.

(Amended by Stats. 1999, Ch. 704, Sec. 1.)

Reference:
Education Code 44227
Education Code 44232
Education Code 44235.3
Education Code 44252
Education Code 44830




Education Code
EC 44252.7

Children's centers instructional permits
(a) Commencing on September 1, 1984, applicants for an initial
regular children's center instructional permit, and applicants for the
renewal of an emergency children's center permit or a limited service permit
shall demonstrate proficiency in basic reading, writing, and mathematics
skills by doing one of the following:

(1) Passing a proficiency test developed by a school district
pursuant to either Section 45361.5 or 51216.

(2) Having met the requirements for an associate degree or
baccalaureate degree.

(3) Passing the California Basic Education Skills Test.

(4) Passing a field-based assessment approved by the Commission on
Teacher Credentialing.

(b) If a child care and development program teacher employed prior to
September 1, 1984, in such a program receiving public funds does not demonstrate
proficiency in basic skills pursuant to this section, he or she shall be given two
years to master these basic skills without jeopardizing the renewal of his
or her permit, and shall be given additional opportunities to be
reassessed.

(c) Persons seeking compensation as a child care and development
program teacher in such a program who have limited English-speaking ability
may be granted an additional exemption to this requirement by the
employing agency, for a period of up to one year, if the agency deems that the
exemption is in the best interest of the children enrolled in the program. No
person shall be exempted from these requirements for more than a total of
three years.

(d) School districts receiving public funds to operate a child care
and development program under direct contract with the State Department
of Education and subject to regulations set forth in Title 5 of the
California Administrative Code shall make available to persons seeking
compensation for work as teachers in the program the test developed or administered
pursuant to Section 45361.5 or 51216.

A school district may charge a fee to persons taking the test pursuant
to the requirements of this section to fund the actual costs incurred by
the district in giving the test.

(e) The State Department of Education shall make available an
appropriate test meeting the requirements of this section to a person seeking
compensation for work as a child care and development program teacher in such a
center which is not administered by a school district. School districts
shall assist the State Department of Education in fulfilling this
requirement by making available to the department, upon request? the test
developed or administered pursuant to Section 45361.5

(f) The State Department of Education may charge a fee to persons
taking the test pursuant to the requirements of this section to fund the
actual costs incurred by the department in giving the test.

(Amended by Stats. 1984, Ch. 79, Sec. 4.)

Reference:
Education Code 45361.5
Education Code 51216




Education Code
EC 44252.8

Deferment of basic skills proficiency test
(a) The commission may defer the state basic skills proficiency test
requirement in any case when illness, a family death, or another similar and
justifiable personal reason prevented a credential applicant who had registered
to take the test from taking the test, or in any case when circumstances
entirely beyond the control of the applicant prevented his or her receipt of
proof of having passed the test. However, the commission shall not grant a
deferral to any person who has failed the state basic skills proficiency test.

Any person granted a deferral pursuant to this section shall take the
state basic skills proficiency test at the next available opportunity, or
the deferral shall terminate. If any person granted a deferral fails to
pass the test, the deferral shall terminate.

(b) The commission shall keep a record of deferrals granted, the
persons to whom they were granted, and the reasons for the deferrals.

(Added by Stats. 1986, Ch. 989, Sec. 3.)




Education Code
EC 44252.9

Basic skills proficiency test
(a) The Legislature finds and declares that the effective education
of pupils in kindergarten and grades 1 to 12, inclusive, depends
substantially on the academic skills, content competence, and pedagogical
preparation of classroom teachers.  It is essential that the ongoing
administration of the state basic skills proficiency exam for teachers be carried out
at all times by a competent contractor who adheres to high standards
using sound, effective, and defensible assessment procedures.  The
administration of this exam is jeopardized by the increasing costs of the exam and
statutory restrictions that remain in effect.  To preserve and strengthen the
screening of teacher candidates in relation to their basic academic skills, the
Legislature intends to maintain the state examination that is administered by the
commission pursuant to Section 44252.5, and to support needed improvements in
exam-related services to teaching credential candidates.

(b) The commission shall make improvements to increase access to the
state basic skills proficiency test, and shall improve exam-related
services provided to candidates for teaching credentials, which may include,
but are not limited to, the following:

(1) Administering the test more frequently.

(2) Increasing the number of testing locations.

(3) Making the exam available year-round by appointment at
examination centers that are highly secure and professionally supervised.

(c) The commission shall adopt these improvements in consultation
with the Department of Finance and shall report all improvements to the
Legislature, no later than January 1, 2003.

(Amended by Stats. 2001, Ch. 745, Sec. 17.)





 44253


Preliminary credential
(a) The commission may issue a preliminary designated subjects
teaching credential, for a period not to exceed two years, pending completion
of the requirements in subdivisions  (b) and (c).

(b) A course or examination on the provisions and principles of the
United States Constitution.

(c) The applicant meets the requirements of this state for teacher
fitness pursuant to Sections 44339, 44340, and 44341.

(Amended by Stats. 2000, Ch. 703, Sec. 2.)

Education Code
EC 44253.1

Legislative funding and declaration
The Legislature finds and declares that almost one million, or one of
every five, pupils in California's public schools are of limited English
proficiency, and that the number of those pupils is increasing rapidly. In
addition, the number of primary languages spoken by California's
limited-English-proficient pupils is increasing. The Legislature recognizes that
limited-English-proficient pupils have the same right to a quality education as all California
pupils. For these pupils to have access to quality education, their special
needs must be met by teachers who have essential skills and knowledge
related to English language development, specially designed content
instruction delivered in English, and content instruction delivered in the
pupils' primary languages. It is the intent of the Legislature that the
Commission on Teacher Credentialing implement an assessment system to certify
those teachers who have the essential skills and knowledge necessary to
meet the needs of California's limited-English-proficient pupils.

(Added by Stats. 1992, Ch. 1050, Sec. 5.)





 44253.2


Definitions
For the purposes of this chapter, the following terms shall have the
following meanings, unless the context otherwise requires:

(a) "Instruction for English language development" means
instruction designed specifically for limited-English-proficient pupils to
develop their listening, speaking, reading, and writing skills in English.

(b) "Specially designed content instruction delivered in English"
means instruction in a subject area, delivered in English, that is
specially designed to meet the needs of limited-English-proficient pupils.

(c) "Content instruction delivered in the primary language" means
instruction in a subject area delivered in the primary language of the pupil.

(d) "Instruction for primary language development" means
instruction designed to develop a pupil's listening, speaking, reading, and
writing skills in the primary language of the pupil.

(e) "Culture and cultural diversity" means an understanding of human
relations, including the following:

(1) The nature and content of culture.

(2) Cross cultural contact and interactions.

(3) Cultural diversity in the United States and California.

(4) Approaches to providing instruction responsive to the diversity
of the student population.

(5) Recognizing and responding to behavior related to bias based on
race, color, religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation.

(6) Techniques for the peaceful resolution of conflict.

(Amended by Stats 2000, Ch. 955, Sec. 5)


 44253.3


Certificate to Provide Services to Limited English Proficient
Students
 (a) The commission shall issue a certificate that authorizes the
holder to provide all of the following services to
limited-English-proficient pupils:

(1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized primarily for
adults, except when the requirement specified in paragraph (1) of
subdivision (b) of Section 44253.3 is satisfied by the possession of a children's
center instructional permit pursuant to Sections 8363 and 44252.7, a
children's center supervision permit pursuant to Section 8363, or a designated
subjects teaching credential in adult education pursuant to Section 44260.2.
If the requirement specified in paragraph (1) of subdivision (b) of
Section 44253.3 is satisfied by the possession of a children's center
instructional permit, or a children's center supervision permit, then instruction
for English language development shall be limited to the programs
authorized by that permit. If the requirement specified in paragraph (1) of
subdivision (b) of Section 44253.3 is satisfied by the possession of a designated
subjects teaching credential in adult education, then instruction for
English language development shall be limited to classes organized
primarily for adults.

(2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's prerequisite
credential or permit used to satisfy the requirement specified in paragraph (1)
of subdivision (b) of Section 44253.3.

(b) The minimum requirements for the certificate shall include all of
the following:

(1) Possession of a valid California teaching credential, services
credential, children's center instructional permit, or children's center
supervision permit which credential or permit authorizes the holder to provide
instruction to pupils in preschool, kindergarten, any of grades 1 to 12,
inclusive, or classes primarily organized for adults, except for the
following:

(A) Emergency credentials or permits.

(B) Exchange credentials as specified in Section 44333.

(C) District intern certificates as specified in Section 44325.

(D) Sojourn certificated employee credentials as specified in
Section 44856.

(E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.

(2) Passage of one or more examinations that the commission
determines are necessary for demonstrating the knowledge and skills required
for effective delivery of the services authorized by the certificate.

(3) Completion of at least six semester units, or nine quarter units,
of coursework in a second language at a regionally accredited
institution of postsecondary education. The commission shall establish minimum
standards for scholarship in the required coursework. The commission shall
also establish alternative ways in which the requirement can be satisfied
by language-learning experience that creates an awareness of the
challenges of second-language acquisition and development.

(c) Completion of coursework in human relations in accordance with
the commission's standards of program quality and effectiveness that
includes, at minimum instruction in the following:

(1) The nature and content of culture.

(2) Cross cultural contact and interactions.

(3) Cultural diversity in the United States and California.

(4) Providing instruction responsive to the diversity of the student
population.

(5) Recognizing and responding to behavior related to bias based on
race, color, religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation.

(6) Techniques for the peaceful resolution of conflict.

(d) The commission shall establish alternative requirements for a
teacher to earn the certificate, which shall be awarded as a supplementary
authorization pursuant to subdivision (e) of Section 44225.

(e) The certificate shall remain valid as long as the prerequisite
credential or permit specified in paragraph (1) of subdivision (b) of Section
44253.3 remains valid.

Reference:
Education Code 8363
Education Code 44252.7
Education Code 44253.3
Education Code 44260.2
Education Code 44325
Education Code 44333
Education Code 44450
Education Code 44856

(Amended by Stats 2000, Ch. 955, Sec. 6)

Education Code
EC 44253.4

Certificate to provide services to limited-English-proficient
students
 (a) The commission shall issue a certificate that authorizes the
holder to provide all of the following services to
limited-English-proficient pupils:

(1) Instruction for English language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized primarily for
adults, except when the requirement specified in paragraph (1) of
subdivision (b) of this section is satisfied by the possession of a children's
center instructional permit pursuant to Sections 8363 and 44252.7, a
children's center supervision permit pursuant to Section 8363, or a designated
subjects teaching credential in adult education pursuant to Section 44260.2.
If the requirement specified in paragraph (1) of subdivision (b) of this
section is satisfied by the possession of a children's center instructional
permit, or a children's center supervision permit, then instruction for
English language development shall be limited to the programs authorized by
that permit. If the requirement specified in paragraph (1) of subdivision
(b) of this section is satisfied by the possession of a designated
subjects teaching credential in adult education, then instruction for
English language development shall be limited to classes organized
primarily for adults.

(2) Specially designed content instruction delivered in English in
the subjects and at the levels authorized by the teacher's prerequisite
credential or permit used to satisfy the requirement specified in paragraph (1)
of subdivision (b) of Section 44253.4.

(3) Content instruction delivered in the pupil's primary language in
the subjects and at the levels authorized by the teacher's prerequisite
credential or permit used to satisfy the requirement specified in paragraph (1)
of subdivision (b) of Section 44253.4.

(4) Instruction for primary language development in preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized primarily for
adults, except when the requirement specified in paragraph (1) of
subdivision (b) of Section 44253.4 is satisfied by the possession of a children's
center instructional permit, a children's center supervision permit, or a
designated subjects teaching credential in adult education. If the requirement
specified in paragraph (1) of subdivision (b) of Section 44253.4 is satisfied by
the possession of a children's center instructional permit or a
children's center supervision permit, then instruction for primary language
development is limited to the programs authorized by that permit. If the
requirement specified in paragraph (1) of subdivision (b) of Section 44253.4 is
satisfied by the possession of a designated subjects teaching credential in
adult education, then instruction for primary language development is
limited to classes organized primarily for adults.

(b) The minimum requirements for the certificate shall include all of
the following:

(1) Possession of a valid California teaching credential, services
credential, children's center instructional permit, or children's center
supervision permit which credential or permit authorizes the holder to provide
instruction to pupils in preschool, kindergarten, any of grades 1 to 12,
inclusive, or classes primarily organized for adults, except for the
following:

(A) Emergency credentials or permits.

(B) Exchange credentials as specified in Section 44333.

(C) District intern certificates as specified in Section 44325.

(D) Sojourn certificated employee credentials as specified in
Section 44856.

(E) Teacher education internship credentials as specified in
Article 3 (commencing with Section 44450) of Chapter 3.

(2) Passage of one or more examinations that the commission
determines are necessary for demonstrating the knowledge and skills required
for effective delivery of the services authorized by the certificate.

(c) To earn the certificate, teachers who hold the certificate
described in Section 44253.3, or in Article 3.5 (commencing with Section 44475)
of Chapter 3, as that section and that article existed on December 31,
1992, shall not be required to pass examinations that primarily assess the
skills and knowledge necessary for effective delivery of the services
authorized by the certificates they possess.

(d) The certificate shall remain valid as long as the prerequisite
credential or permit specified in paragraph (1) of subdivision (b) of Section
44253.4 remains valid.

(e) The commission shall initially issue certificates for languages
spoken by the largest numbers of limited-English proficient pupils for
which there are reasonable numbers of teachers or potential teachers who
speak those languages. The commission shall explore alternative ways to
make certificates available for other languages.

(Added by Stats. 1992, Ch. 1050, Sec. 8.)

Reference:
Education Code 8363
Education Code 44252.7
Education Code 44253.3
Education Code 44253.4
Education Code 44260.2
Education Code 44325
Education Code 44333
Education Code 44450
Education Code 44475
Education Code 44856





Education Code
EC 44253.5

Examination
(a) The commission shall develop and administer examinations on
which a teacher can demonstrate his or her competence in the knowledge and
skills necessary for effective teaching of limited-English-proficient
pupils. For the purpose of demonstrating the competencies specified in
paragraphs (5) and (6) of subdivision (c) in languages for which the commission
has developed no examinations, the commission may establish guidelines
for approving assessments performed by organizations that are expert in
the language and culture assessed.

(b) To the extent possible, the scope and content of the examinations
shall be congruent with the scope and content of the commission-approved
professional preparation programs for prospective teachers of
limited-English-proficient pupils.

(c) The scope and content of the examinations shall consist of the
professional skills and knowledge that are determined by the commission to be
necessary for effective teaching of limited-English-proficient pupils, and
shall include, but need not be limited to, the following domains of
professional knowledge and skill:

(1) First- and second-language development and the structure of
language.

(2) Methodology of English language development and specially
designed content instruction in English.

(3) Culture and cultural diversity.

(4) Methodology of content instruction in the pupil's primary
language.

(5) The culture associated with a specific language group.

(6) Competence in a language other than English that is spoken by
limited-English-proficient pupils in California.

(d) In the development of the examinations, the commission shall
confer with selected professionals who are knowledgeable and experienced
in the education of limited-English-proficient pupils, with colleges
and universities that prepare teachers for
limited-English-proficient pupils, and with the State Department of Education.

(Amended by Stats. 1994, Ch. 157, Sec. 1.)




Education Code
EC 44253.6

Until section 44253.5 is administered
(a) Until the commission begins the administration of Section
44253.5, as added by Chapter 1050 of the Statutes of 1992, the commission shall
continue to administer Sections 44253.5 and 44253.6 and Article 3.5
(commencing with Section 44475) of Chapter 3, as those sections and that article
existed on December 31, 1992.

(b) A teacher who earned a passing score on a part of the examination for
the bilingual cross-cultural certificate that was administered by the
commission pursuant to Sections 44253.5 and 44253.6 as those sections existed on
December 31, 1992, shall not be required by the commission, as a requirement for
earning the certificate described in Section 44253.3 or 44253.4, to take a
duplicate examination within nine years of the date when the teacher earned the
passing score.

(c) A teacher who has passed both sections of the examination for the
language development specialist certificate of competence that was
administered by the commission pursuant to Article 3.5 (commencing with Section
44475) of Chapter 3 as that article existed on December 31, 1992, shall have
five years from the date of his or her earliest passing score to complete the
other requirements and apply for the language development specialist
certificate of competence.

(d) After the commission begins to administer the examinations
required by Section 44253.5, the commission shall continue to administer,
until June 30, 1995, the examination for the language development
specialist certificate administered pursuant to Article 3.5 (commencing with
Section 44475) of Chapter 3 as that article existed on December 31, 1992,
solely to those individuals who, on or after June 30, 1992, were enrolled in
language development specialist programs approved by the commission
pursuant to that article.

(e) Certificates of bilingual cross-cultural competence issued by
the commission pursuant to Sections 44253.5 and 44253.6 as those
sections existed on December 31, 1992, and certificates of competence as
language development specialist issued by the commission pursuant to Article
3.5 (commencing with Section 44475) of Chapter 3 as it existed on December
31, 1992, shall remain valid as long as the holder's prerequisite
teaching credential for those certificates as specified in Sections 44253.5
and 44253.6 and Article 3.5 (commencing with Section 44475) of Chapter 3
remain valid.

(Amended by Stats. 1993, Ch. 809, Sec. 4.)

Reference:
Education Code 44253.3
Education Code 44253.4
Education Code 44253.5
Education Code 44253.6
Education Code 44475




Education Code
EC 44253.7

Bilingual- cross cultural competence
(a) In addition to the certificates authorized in Sections 44253.5
and 56362.7, the Commission on Teacher Credentialing, based upon the
availability of funds, shall develop objective and verifiable standards for a
certificate of bilingual-crosscultural competence for holders of any
appropriate credential, certificate, authorization, or permit who will be
serving limited-English-proficient pupils. These certificates may be
issued to persons holding any appropriate credential or authorization
issued by the commission, including, but not limited to, counselors;
special education professionals, including, but not limited to, the holders
of special education credentials, clinical services credentials, and
school psychologist authorizations; and child development and preschool
professionals.

(b) Candidates for the certificate shall, by oral and written
examination, demonstrate all of the following:

(1) That the person is competent in both the oral and written skills of a
language other than English.

(2) That the person is competent in both the oral and written skills in
the English language. A passing score on the reading and writing portions
of the basic skills proficiency test administered pursuant to Section
44252.5 or pursuant to paragraph (1) of subdivision (b) of Section 44830 shall
satisfy the written skills portion of this requirement.

(3) That the person has both the knowledge and understanding of the
cultural and historical heritage of the limited-English-proficient
individuals to be served.

(4) That the person has the ability to perform the services the
candidate is certified or authorized to perform in English and in a language
other than English.

(c) The commission may develop rules and regulations setting forth
objective and verifiable standards for approval of training programs leading
to the certificates authorized by this section.

(d) For the purpose of assessing the qualifications established by
the Commission on Teacher Credentialing in accordance with this
section, the commission shall develop rules, regulations, or guidelines
establishing an assessment system which may include local education agencies,
institutions of higher education, and qualified nonprofit bilingual testing
agencies as assessor agencies.

(e) It is not the intent of the Legislature in enacting this section
that possession of any certificate established by this section be a
state-mandated requirement for employment. It is the intent that this is a matter for
local educational agencies to determine.

(Amended by Stats. 1990, Ch. 829, Sec. 2.)

Reference:
Education Code 44252.5
Education Code 44253.5
Education Code 44830
Education Code 56362.7




Education Code
EC 44253.8

Examination fees
(a) For the examinations required by Sections 44253.5 and 44253.7,
the commission shall charge examination fees that are sufficient to
recover the costs of developing and administering the examinations,
including the costs of periodic studies of the examinations, except to the
extent that these costs are recovered by appropriations from another source
of funds.

(b) In addition to the fees collected pursuant to subdivision (a),
within the limits set forth in this chapter, the commission may establish and
collect fees to recover its costs for the administration of any assessment of
teaching competence adopted by the commission to implement the provisions of
this chapter, unless the costs are recovered by appropriations from
another source of funds.

(Amended by Stats. 1999, Ch. 737, Sec. 2.)

Reference:
Education Code 44253.5
Education Code 44253.7




Education Code
EC 44253.9

Regulations
The commission shall promulgate regulations to clarify and make
specific the requirements and authorizations of credentials, certificates,
and permits established pursuant to this article.

(Added by Stats. 1992, Ch. 1050, Sec. 14.)




Education Code
EC 44253.10

Conditions to teach specially designated content instruction to
limited-English proficient students
 (a) A teacher with a basic teaching credential may be assigned to
provide specially designed content instruction delivered in English, as
defined in subdivision (b) of Section 44253.2, to
limited-English-proficient pupils only if the following conditions are met:

(1) The teacher, as of January 1, 1999, is a permanent employee of a
school district, a county office of education, or a school administered
under the authority of the Superintendent of Public Instruction, or was
previously a permanent employee and then was employed in any California public
school district within 39 months of the previous permanent status, or has
been employed in a school district with an average daily attendance of not
more than 250 for at least two years.

(2) The teacher completes 45 clock hours of staff development in
methods of specially designed content instruction delivered in English
prior to January 1, 2005.  The extension of the date by which a teacher is
required to complete this staff development may not be construed as
authorizing teachers to teach limited-English-proficient pupils without a
certificate issued pursuant to this section or Sections 44253.3 and 44253.4.

(b) The commission, in consultation with the Superintendent of
Public Instruction, shall establish guidelines for the provision of staff
development pursuant to this section.  The commission and the superintendent
shall use their best efforts to establish these guidelines as soon as
possible, but in no event later than January 1, 1996.  Staff development pursuant
to this section shall be consistent with the commission's guidelines.

(1) To ensure the highest standards of program quality and
effectiveness, the guidelines shall include quality standards for the persons who
train others to perform staff development training and for those who
provide the training.  The guidelines may require that teachers who qualify to
provide instruction pursuant to paragraph (1) of subdivision (d) include a
portion, within the total 45 clock hours of training provided in paragraph (2)
of subdivision (a), in English language development.

(2) The guidelines for training to meet the requirements of paragraph
(1) of subdivision (d) may provide for 20 hours, or fewer hours as the
commission may specify, of training in any aspect of English language
development or specially designed content instruction delivered in English.

(3) The guidelines shall require that the staff development offered
pursuant to this section be aligned to the teacher preparation leading to the
issuance of a certificate pursuant to Section 44253.3 and any amendments made
to that section.  This alignment, however, may not result in any increase
in the number of hours of staff development necessary to meet the
requirements of this section.

(4) The guidelines and standards established by the commission to
implement this section shall require and maintain compliance with any
requirements mandated by federal law for purposes of assuring continued federal
financial assistance.

(5) The commission shall review staff development programs in
relation to the guidelines and standards established pursuant to this
section.  The review shall include all programs offered pursuant to this
section except programs previously approved pursuant to subdivision (c).  If
the commission finds that a program meets the applicable guidelines and
standards, the commission shall forward a report of its findings to the chief
executive officer of the sponsoring school district, county office of
education, or regionally accredited college or university.  If the commission
finds that a program does not meet the applicable guidelines or standards,
or both, the report of the commission shall specify the areas of
noncompliance and the time period in which a second review shall occur.  If a second
review of a program by the commission reveals a pattern of continued
noncompliance with the applicable guidelines or standards, or both, the sponsoring
agency shall not offer the program to teachers who have not already enrolled
in it.  The effective date for California Commission on Teacher
Credentialing approval of staff development programs not currently approved as of
January 1, 2000, shall be on or before January 1, 2002, except for persons
already enrolled in programs by January 1, 2002.

(6) By December 31, 2000, the commission shall report to the
Legislature on the status of the 45-hour and the 90-hour alternative programs,
including the strengths and weaknesses of the process and programs.  In
preparing the report, the commission shall include a summary of its review
pursuant to paragraph (5) of the staff development programs.

(c) The staff development may be sponsored by any school district,
county office of education, or regionally accredited college or university
that meets the standards included in the guidelines established pursuant
to this subdivision or any organization that meets those standards and
is approved by the commission.  Any equivalent three semester unit or
four quarter unit class may be taken by the teacher at a regionally
accredited college or university to satisfy the staff development requirement
described in either subdivision (a) or (d), or both.  Once the commission has made
a determination that a college or university class is equivalent, no
further review of the class shall be required pursuant to paragraph (5) of
subdivision (b), regardless of the date of the initial review.

(d) (1) A teacher who completes the staff development described in
subdivision (a) shall be awarded a certificate of completion of staff development
in methods of specially designed content instruction delivered in
English .

(2) A teacher who completes the staff development described in
subdivision (a) may provide specially designed content instruction delivered in
English, as defined in subdivision (b) of Section 44253.2, and English
language development, as defined in subdivision (a) of Section 44253.2, in any
departmentalized teaching assignment consistent with the authorization of the
teacher's basic credential. This authorization also applies to teachers who
completed the required staff development before the effective date of the
amendments made to this section by the act adding this authorization.

(3) A teacher who completes the staff development described in
subdivision (a) may not be assigned to provide content instruction in the pupil's
primary language, as defined in subdivision (c) of Section 44253.2.

(4) A teacher who completes the staff development described in
subdivision (a) may be assigned to provide instruction for English language
development, as defined in subdivision (a) of Section 44253.2, in a self-contained
classroom under either of the following circumstances:

(A) The teacher has taught for at least nine years in California public
schools, certifies that he or she has had experience or training in teaching
limited-English-proficient pupils, and authorizes verification by the entity that issues the
certificate of completion.  The teacher shall be awarded a certificate of
completion in methods of instruction for English language development in a
self-contained classroom.

(B) The teacher has taught for less than nine years in California
public schools, or has taught for at least nine years in California public
schools but is unable to certify that he or she has had experience or training in
teaching limited-English-proficient pupils, but has, within three years of
completing the staff development described in subdivision (a), completed an
additional 45 hours of staff development, including specially designed content
instruction delivered in English and English language development training, as
set forth in the guidelines developed pursuant to subdivision (b). Upon
completion of this additional staff development, the teacher shall be awarded a
certificate of completion in methods of instruction for English language
development in a self-contained classroom.

(e) During the period in which a teacher is pursuing the training
specified in paragraph (2) of subdivision (a) or subdivision (d), or both,
including the period for the assessment and awarding of the certificate, the
teacher may be provisionally assigned to provide instruction for English
language development, as defined in subdivision (a) of Section 44253.2, or to
provide specially designed content instruction delivered in English, as
defined in subdivision (b) of Section 44253.2.

(f) (1) A teacher who completes the staff development with any
provider specified in subdivision (c), and who meets the requirements of
subdivision (a) or (d) for a certificate of completion of staff development in
methods of specially designed content instruction delivered in English or
English language development in a self-contained classroom, or both, shall
be issued the certificate or certificates.

(2) A teacher who completes a staff development program in methods of
specially designed content instruction delivered in English or English
language development in a self-contained classroom, or both, who has been
determined by the commission to meet the applicable guidelines and standards,
pursuant to paragraph (5) of subdivision (b), shall receive a certificate or
certificates of completion from the commission upon submitting an application, a
staff development verification form to be furnished by the commission, and
payment of a fee to be set by the commission, not to exceed forty-five dollars
($45).

(3) A person who is enrolled in, or who has completed a staff
development program not approved by the commission prior to January 1, 2002, may,
until the date of January 1, 2003, apply to any of the following agencies for
the certificate or certificates, but the teacher shall be issued the
certificate or certificates by only one of these agencies:

(A) The school district in which the teacher is a permanent employee.

(B) The county office of education in the county in which the teacher is
an employee for an agency specified in paragraph (1) of subdivision
(a).

(C) Any school district or county office of education that provides
staff development pursuant to subdivision (c).  Before issuing a
certificate or certificates based on an equivalent class or classes, as provided
for in subdivision (c), the issuing agency shall determine if the class or
classes meet the guidelines established pursuant to subdivision (b).

(4) Any school district or county office of education that issues a
certificate of completion shall forward a copy of the certificate to the
Commission on Teacher Credentialing within 90 days of issuing the certificate.

(5) An agency that issues a certificate or certificates of completion
may charge the teacher requesting the certificate or certificates of
completion a fee that will cover the actual costs of the agency in issuing,
forwarding a copy to the commission, and paying any fee charged by the commission
for receiving and servicing, the certificate or certificates of
completion.

The commission may charge the agency that forwards a copy of a
certificate or certificates of completion a one-time fee to cover the actual costs
to the commission to file the copy or copies, and to issue duplicates when
requested by the teacher.  The fee shall not exceed an amount equal to one-half the
fee the commission charges for issuing a credential.

(g) The certificate of completion is valid in all California public
schools.  A teacher who has been issued a certificate of completion may be
assigned indefinitely to provide the instructional services named on the
certificate in any school district, county office of education, or school
administered under the authority of the Superintendent of Public Instruction.

(h) Teacher assignments made in accordance with subdivision (a) of
this section shall be included in the reports required by subdivisions (a)
and (e) of Section 44258.9.

(i) The governing board of each school district shall make reasonable
efforts to provide limited-English-proficient pupils in need of English
language development instruction with teachers who hold appropriate
credentials, language development specialist certificates, or crosscultural
language and academic development certificates that authorize English
language development instruction.   However, any teacher awarded a
certificate or certificates of completion shall be deemed certificated and
competent to provide the services listed on that certificate of completion.  A
teacher who completes staff development pursuant to this section may use
those hours of staff development to meet the requirements of subdivision
(b) of Section 44277.

(j) Any teacher completing staff development pursuant to this
section shall be credited with three semester units or four quarter units for
each block of 45 hours of staff development completed for the purpose of
meeting the requirements set forth in subdivision (b) of Section 44253.3.

(k) Any school district may use funds allocated to it for the purposes
of Chapter 3.1 (commencing with Section 44670) to provide staff
development pursuant to this section.

(Amended by Stats. 1999, Ch. 685, Sec. 1.)

Reference:
Education Code 44253.2
Education Code 44253.3
Education Code 44253.4
Education Code 44258.9
Education Code 44277
Education Code 44670




Education Code
EC 44254

Standards for restricted reading certificate
(a) The commission shall establish standards for a restricted
reading certificate to enable holders of a teaching credential to provide the
early development of reading and language arts skills and the early
correction of a pupil's reading difficulties.

(b) (1) The standards and qualifications for the restricted reading
certificate shall include demonstrated knowledge of both of the following:

(A) Current and confirmed research in teaching basic reading skills
that train the candidate for the restricted reading certificate in
ongoing, diagnostic techniques that inform teaching and assessment.

(B) Teaching techniques for basic reading skills that include direct
instruction in phonemic awareness, systematic, explicit phonics, and
comprehension skills.

(2) The candidate shall also demonstrate knowledge of early
intervention techniques, and shall receive guided practice with all of the
aforementioned skills within a clinical setting. For the purposes of this section,
"direct, systematic, explicit phonics" means spelling patterns, direct
instruction in the relationships among sounds and symbols, and practice in
connected, decodable text.

(c) The commission shall be authorized to issue a restricted reading
certificate to holders of a teaching credential who meet the commission's
standards.

(Added by Stats. 1996, Ch. 1067, Sec. 6.)





Education Code
EC 44256

Basic credentials
Authorization for teaching credentials shall be of four basic kinds,
as defined below:

(a) "Single subject instruction" means the practice of assignment of
teachers and students to specified subject matter courses, as is commonly
practiced in California high schools and most California junior high schools.
The holder of a single subject teaching credential or a standard
secondary credential or a special secondary teaching credential, as defined in
this subdivision, who has completed 20 semester hours of coursework or 10
semester hours of upper division or graduate coursework approved by the
commission at an accredited institution in any subject commonly taught in grades
7 to 12, inclusive, other than the subject for which he or she is already
certificated to teach, shall be eligible to have this subject appear on the
credential as an authorization to teach this subject. The commission, by
regulation, may require that evidence of additional competence is a condition for
instruction in particular subjects, including, but not limited to, foreign
languages. The commission may establish and implement alternative
requirements for additional authorizations to the single subject credential on
the basis of specialized needs. For purposes of this subdivision, a
special secondary teaching credential means a special secondary teaching
credential issued on the basis of at least a baccalaureate degree, a student
teaching requirement, and 24 semester units of coursework in the subject
specialty of the credential.

(b) "Multiple subject instruction" means the practice of assignment
of teachers and students for multiple subject matter instruction, as is
commonly practiced in California elementary schools and as is commonly
practiced in early childhood education.

The holder of a multiple subject teaching credential or a standard
elementary credential who has completed 20 semester hours of coursework or 10
semester hours of upper division or graduate coursework approved by the
commission at an accredited institution in any subject commonly taught in grades
9 and below shall be eligible to have that subject appear on the
credential as authorization to teach the subject in departmentalized classes in
grades 9 and below. The governing board of a school district by resolution may
authorize the holder of a multiple subject teaching credential or a standard
elementary credential to teach any subject in departmentalized classes to a
given class or group of students below grade 9, provided that the teacher has
completed at least 12 semester units, or six upper division or graduate units, of
coursework at an accredited institution in each subject to be taught. The
authorization shall be with the teacher's consent. However, the commission, by
regulation, may provide that evidence of additional competence is necessary for
instruction in particular subjects, including, but not limited to, foreign
languages. The commission may establish and implement alternative
requirements for additional authorizations to the multiple subject credential on
the basis of specialized needs.

(c) "Specialist instruction" means any specialty requiring
advanced preparation or special competence including, but not limited to,
reading specialist, mathematics specialist, specialist in special
education, or early childhood education, and such other specialties as the
commission may determine.

(d) "Designated subjects" means the practice of assignment of
teachers and students to designated technical, trade, or vocational courses
which courses may be part of a program of trade, technical, or vocational
education.

(Amended by Stats. 1990, Ch. 341, Sec. 2.)




Education Code
EC 44257

Subjects for single subject credentials
(a) The commission shall issue single subject teaching credentials
only in the following subjects:

(1) Agriculture.

(2) Art.

(3) Business.

(4) English.

(5) Foreign Language.

(6) Health Science.

(7) Home Economics.

(8) Industrial and Technology Education.

(9) Mathematics.

(10) Music.

(11) Physical Education.

(12) Science.

(13) Social Science.

(b) The commission shall issue the single subject credential in
foreign language with an authorization to teach Chinese, French, German,
Russian, Spanish, or any other language that the commission determines is
appropriate.

(c) Subjects that are commonly taught in departmentalized classes in
California public schools shall be subsumed under the credential categories in
subdivision (a) of this section.

(d) The commission shall issue single subject teaching credentials
in the categories that were identified in Section 44282 as of December
31, 1993, to applicants who were in the process of preparing to earn those
credentials prior to the effective date of the commission's implementation of
subdivision (a).

(Amended by Stats. 1993, Ch. 809, Sec. 5)

Reference:
Education Code 44282




Education Code
EC 44257.2

Credentials with subject concentrations
(a) In order to ensure excellence in teaching in specific subjects,
the commission may issue a multiple or single subject teaching
credential with a specified concentration in a particular subject based upon the
depth of an applicant's preparation in an important subject of the school
curriculum. The commission shall establish and maintain standards for
concentrations in particular subjects as necessary.

(b ) The commission shall determine the authorizations of teaching
credentials with concentrations. The commission shall ensure that with the
exception of the single subject credential specified in subdivision (c) of this
section, the authorization of a credential with a specified concentration
shall not be more restrictive than the authorization of the same credential
without the specified concentration.

(c) The commission shall issue the single subject teaching
credential in science with a specified concentration in a particular subject.
The commission shall establish and maintain standards for
concentrations in science that shall consist of biological sciences, chemistry,
geosciences, and physics. The holder of the single subject teaching credential in
science shall be qualified and authorized to teach courses in general
science, introductory science, integrated science, and coordinated science
in kindergarten and grades 1 to 12, inclusive.

(Added by Stats. 1993, Ch. 809, Sec. 6)





Education Code
EC 44257.4

Assessment of subjects of credentials
The commission shall periodically review and assess the adequacy and
relevance of the subjects of teaching credentials set forth in Section 44257,
and shall report its findings and recommendations to the Legislature.

(Added by Stats. 1993, Ch. 809. Sec. 7)

Reference:
Education Code 44257




Education Code
EC 44258

Teacher assignment
A teacher who is authorized for single subject instruction may be
assigned, with his consent, to teach any subject in his authorized fields at any
grade level; preschool; kindergarten and grades 1 to 12, inclusive; or in
classes organized primarily for adults, and similarly, a teacher authorized
for multiple subject instruction may be assigned, with his consent, to
teach in any self-contained classroom; preschool; kindergarten and
grades 1 to 12, inclusive; or in classes organized primarily for adults; and
similarly, a teacher authorized as a specialist teacher may be assigned, with his
consent, to teach in his area of specialization at any grade level; preschool;
kindergarten and grades 1 to 12, inclusive; or in classes organized primarily for
adults.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44258.1

Holder of self-contained classroom teaching certificate
The holder of a credential authorizing instruction in a
self-contained classroom may teach in any of grades 5 to 8, inclusive, in a middle
school, provided that he or she teaches two or more subjects for two or more
periods per day to the same group of pupils, and, in addition, may teach any of
the subjects he or she already is teaching to a separate group of pupils at
the same grade level as those pupils he or she already is teaching for an
additional period or periods, provided that the additional period or periods do
not exceed one-half of the teacher's total assignment.

(Amended by Stats. 1991, Ch. 1064, Sec. 1.)




Education Code
EC 44258.2

Assignment to teach classes in grades 5-8
The holder of a single subject teaching credential or a standard
secondary teaching credential may, with his or her consent, be assigned by
action of the governing board to teach classes in grades 5 to 8, inclusive, in a
middle school, if he or she has a minimum of 12 semester units, or six upper
division or graduate units, of coursework at an accredited institution in the
subject to which he or she is assigned.

(Amended by Stats. 1992, Ch. 759, Sec. 18.)




Education Code
EC 44258.3

Assignment
(a) The governing board of a school district may assign the holder of a
credential, other than an emergency permit, to teach any subjects in
departmentalized classes in kindergarten or any of grades 1 to 12, inclusive, provided
that the governing board verifies, prior to making the assignment, that
the teacher has adequate knowledge of each subject to be taught and the
teacher consents to that assignment. The governing board shall adopt
policies and procedures for the purpose of verifying the adequacy of subject
knowledge on the part of each of those teachers. The governing board shall
involve subject matter specialists in the subjects commonly taught in the
district in the development and implementation of the policies and
procedures, and shall include in those policies and procedures both of the
following:

(1) One or more of the following ways to assess subject matter
competence:

(A) Observation by subject matter specialists, as defined in
subdivision (d).

(B) Oral interviews.

(C) Demonstration lessons.

(D) Presentation of curricular portfolios.

(E) Written examinations.

(2) Specific criteria and standards for verifying adequacy of
subject matter knowledge using any of the methods in paragraph (1). The
criteria shall include, but need not be limited to, evidence of the candidate's
knowledge of the subject matter to be taught, including demonstrated knowledge
of the curriculum framework for the subject to be taught and the specific
content of the course of study in the school district for the subject, at the
grade level to be taught.

(b) Teaching assignments made pursuant to this section shall be valid
only in that school district. The principal of the school, or other
appropriate administrator, shall notify the exclusive representative of the
certificated employees for that school district, as provided under Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the Government Code, of
each instance in which a teacher is assigned to teach classes pursuant to
this section. Any school district policy or procedures adopted and
teaching assignments made pursuant to this section shall be included in the
report required by subdivisions (a) and (e) of Section 44258.9. The
Commission on Teacher Credentialing may suspend the authority of a school
district to use the teaching assignment option authorized by this section upon
a finding that the school district has violated the provisions of this
section.

(c) Nothing in this section shall be construed to alter the effect of
Section 44955 with regard to the reduction by a school district governing
board of the number of certificated employees.

(d) For the purposes of this section, "subject matter specialists"
are mentor teachers, curriculum specialists, resource teachers,
classroom teachers certified to teach a subject, staff to regional subject
matter projects or curriculum institutes, or college faculty.

(Amended by Stats. 1995, Ch. 927, Sec. 1.)

Reference:
Education Code 44258.9
Education Code 44955
Government Code 3540






Education Code
EC 44258.7

Supplementary authorization
(a) The holder of a standard secondary credential who, prior to
September 1, 1989, has taught successfully in a subject within the department of
his or her academic major or minor for a minimum of three years, as verified
by the employing school district, may receive a supplementary
authorization in that subject upon application, payment of a fee, which shall not
exceed one-half of the regular credential fee, and evidence that one of the
following has been accomplished:

(1) Successful completion, by September 1, 1989, of a minimum of 12
semester units, or six upper division or graduate units, of coursework at an
accredited institution in the subject.

(2) The securing of a passing score on an examination in the subject
approved by the Commission on Teacher Credentialing.

(3) Verification of competence in the subject matter by a subject area
specialist not associated with the employing school district.

(b) A person who holds a teaching credential in a subject or subjects
other than physical education may be authorized by action of the local
governing board to coach one period per day in a competitive sport for which
students receive physical education credit, provided that he or she is a
full-time employee of the school district and has completed a minimum of 20 hours
of first aid instruction appropriate for the specific sport.

(c) A teacher employed on a full-time basis who teaches kindergarten
or any of grades 1 to 12, inclusive, and who has special skills and
preparation outside of his or her credential authorization may, with his or her
consent, be assigned to teach an elective course in the area of the special
skills or preparation, provided that the assignment is first approved by a
committee on assignments. For purposes of this subdivision an "elective
course" is a course other than English, mathematics, science, or social
studies. The membership of the committee on assignments shall include an equal
number of teachers, selected by teachers, and school administrators,
selected by school administrators.

(d) Assignments approved by the committee on assignments shall be for
a maximum of one school year, but may be extended by action of the
committee upon application by the schoolsite administrator and the affected
teacher. All initial assignments or extensions shall be approved prior to the
assignment or extension. Districts making assignments under this subdivision
shall submit a plan to the county superintendent of schools which shall
include, but need not be limited to, the following:

(1) Statements signed by the district superintendent and the
president or chairperson of the district governing board, approving the
establishment of the committee.

(2) Procedures for selection of the committee membership.

(3) Terms of office for committee members.

(4) Criteria for determining teachers' qualifications for these
assignments.

(e) The Commission on Teacher Credentialing may develop and
recommend general criteria that may be used by local committees on assignment in
assessing a candidate's qualifications.

(Amended by Stats. 1995, Ch. 927, Sec. 2.)




Education Code
EC 44258.9

County superintendent review of teacher assignment
(a) The Legislature finds that continued monitoring of teacher
assignments by county superintendents of schools will ensure that the rate of
teacher misassignment remains low. To the extent possible and with funds
provided for that purpose, each county superintendent of schools shall
perform the duties specified in subdivisions (b) and (c).

(b) (1) Each county superintendent of schools shall annually monitor
and review school district certificated employee assignment practices
according to the following priority:

(A) Schools and school districts that are likely to have problems with
teacher misassignment based on past experience or other available
information.

(B) All other schools on a four-year cycle.

(2) The Commission on Teacher Credentialing shall be responsible for
the monitoring and review of those counties or cities and counties in
which there is a single school district, including the Counties of Alpine,
Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San
Francisco. All information related to the misassignment of certificated
personnel shall be submitted to each affected district within 45 calendar days
of the monitoring activity.

(e) County superintendents of schools shall submit an annual report
to the Commission on Teacher Credentialing summarizing the results of
all assignment monitoring and reviews. These reports shall include, but
need not be limited to, the following:

(1) The numbers of teachers assigned and types of assignments made by
local district governing boards under the authority of Sections 44256,
44258.2, and 44263 of the Education Code.

(2) Information on actions taken by local committees on assignment,
including the number of assignments authorized, subject areas into which
committee-authorized teachers are assigned, and evidence of any departures from the
implementation plans presented to the county superintendent by school districts.

(3) Information on each school district reviewed regarding
misassignments of certificated personnel, including efforts to eliminate these
misassignments.

(4) After consultation with representatives of county
superintendents of schools, other information as may be determined to be needed by the
Commission on Teacher Credentialing.

(f) Commencing in 1990, the Commission on Teacher Credentialing
shall submit biennial reports to the Legislature concerning teacher
assignments and misassignments which shall be based, in part, on the annual
reports of the county superintendents of schools.

(g) (1) The Commission on Teacher Credentialing shall establish
reasonable sanctions for the misassignment of credential holders.

Prior to the implementation of regulations establishing sanctions,
the Commission on Teacher Credentialing shall engage in a variety of
activities designed to inform school administrators, teachers, and personnel
within the offices of county superintendents of schools of the regulations
and statutes affecting the assignment of certificated personnel. These
activities shall include the preparation of instructive brochures and the
holding of regional workshops.

(2) Commencing July 1, 1989, any certificated person who has been
required by an administrative superior to accept an assignment for which he or
she has no legal authorization shall, after exhausting any existing
local remedies, notify the county superintendent of schools in writing of
the illegal assignment. The county superintendent of schools shall,
within 15 working days, advise the affected certificated person concerning
the legality of his or her assignment. There shall be no adverse action
taken against a certificated person who files a notification of
misassignment with the county superintendent of schools. During the period of the
misassignment, the certificated person who has filed a written notification with the
county superintendent of schools shall be exempt from the provisions of
Section 45034. If it is determined that a misassignment has taken place, any
performance evaluation of the employee under Sections 44660 to 44664, inclusive,
in any misassigned subject shall be nullified.

(3) Commencing July 1, 1989, the county superintendent of schools
shall notify, through the office of the district superintendent, any
certificated school administrator responsible for the assignment of a
certificated person to a position for which he or she has no legal authorization of
the misassignment and shall advise him or her to correct the assignment
within 30 calendar days. The county superintendent of schools shall notify
the Commission on Teacher Credentialing of the misassignment if the
certificated school administrator has not corrected the misassignment within 30
days of the initial notification, or if the certificated school
administrator has not described, in writing, within the 30-day period, to the county
superintendent of schools the extraordinary circumstances which make this
correction impossible.

(4) Commencing July 1, 1989, the county superintendent of schools
shall notify any superintendent of a school district in which 5 percent or
more of all certificated teachers in the secondary schools are found to be
misassigned of the misassignments and shall advise him or her to correct the
misassignments within 120 calendar days. The county superintendent of schools shall
notify the Commission on Teacher Credentialing of the misassignments if the
school district superintendent has not corrected the misassignments
within 120 days of the initial notification, or if the school district
superintendent of schools has not described, in writing, within the 120-day period,
to the county superintendent of schools the extraordinary
circumstances which make this correction impossible.

(h) Commencing July 1, 1989, each applicant for a professional
administrative service credential shall be required to demonstrate knowledge of
existing credentialing laws, including knowledge of assignment
authorizations.

(Amended by Stats. 1996, Ch. 204, Sec. 12.)

Reference:
Education Code 44256
Education Code 44258.2
Education Code 44263
Education Code 44660-44664
Education Code 45034



Education Code
EC 44258.15

Team teaching
Notwithstanding Section 44258.1, the holder of a credential
authorizing instruction in a self-contained classroom may provide instruction
in a team teaching setting or may regroup pupils across classrooms in
subjects authorized by the governing board of the school district.

(Amended by Stats. 1994, Ch. 922, Sec. 80.)

Reference:
Education Code 44258.1




Education Code
EC 44259

Professional preparation; teacher credentialing
(a) Except as provided in subparagraphs (A) and (C) of paragraph (3) of
subdivision (b), each program of professional preparation for multiple or single
subject teaching credentials shall not include more than one year of, or the
equivalent of one-fifth of a five-year program in, professional preparation.

(b) The minimum requirements for the preliminary multiple or single
subject teaching credential are all of the following:

(1) A baccalaureate degree or higher degree from a regionally
accredited institution of postsecondary education.  Except as provided in
subdivision (c) of Section 44227, the baccalaureate degree shall not be in
professional education.  The commission shall encourage accredited institutions
to offer undergraduate minors in education and special education to
students who intend to become teachers.

(2) Passage of the state basic skills examination that is developed
and administered by the commission pursuant to Section 44252.5.

(3) Satisfactory completion of a program of professional
preparation that has been accredited by the committee on accreditation on the
basis of standards of program quality and effectiveness that have been
adopted by the commission.  Subject to the availability of funds in the annual
Budget Act for this purpose, and in accordance with the commission's
assessment and performance standards, each program shall include a teaching
performance assessment as set forth in Section 44320.2 which is aligned with the
California Standards for the Teaching Profession.  The commission shall ensure
that each candidate recommended for a credential or certificate has
demonstrated satisfactory ability to assist pupils to meet or exceed state content
and performance standards for pupils adopted pursuant to subdivision
(a) of Section 60605.  Programs that meet this requirement for
professional preparation shall include any of the following:

(A) Integrated programs of subject matter preparation and
professional preparation pursuant to subdivision (a) of Section 44259.1.

(B) Postbaccalaureate programs of professional preparation,
pursuant to subdivision (b) of Section 44259.1.

(C) Internship programs of professional preparation, pursuant to
Section 44321, Article 7.5 (commencing with Section 44325), Article 11
(commencing with Section 44380), and Article 3 (commencing with Section 44450) of
Chapter 3.

(4) Study of alternative methods of developing English language
skills, including the study of reading as described in subparagraphs (A) and
(B), among all pupils, including those for whom English is a second
language, in accordance with the commission's standards of program quality and
effectiveness.  The study of reading shall meet the following requirements:

(A) Commencing January 1, 1997, satisfactory completion of
comprehensive reading instruction that is research-based and includes all of the
following:

(i) The study of organized, systematic, explicit skills including
phonemic awareness, direct, systematic, explicit phonics, and decoding
skills.

(ii) A strong literature, language, and comprehension component
with a balance of oral and written language.

(iii) Ongoing diagnostic techniques that inform teaching and
assessment.

(iv) Early intervention techniques.

(v) Guided practice in a clinical setting.

(B) For the purposes of this section, "direct, systematic, explicit
phonics" means phonemic awareness, spelling patterns, the direct
instruction of sound/symbol codes and practice in connected text and the
relationship of direct, systematic, explicit phonics to the components set forth
in clauses (i) to (v), inclusive.

A program for the multiple subjects credential also shall include the
study of integrated methods of teaching language arts.

(5) Completion of a subject matter program that has been approved by
the commission on the basis of standards of program quality and
effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a
subject matter examination pursuant to Article 5 (commencing with Section
44280).  The commission shall ensure that subject matter standards and
examinations are aligned with the state content and performance standards for
pupils adopted pursuant to subdivision (a) of Section 60605.

(6) Demonstration of a knowledge of the principles and provisions of
the Constitution of the United States pursuant to Section 44335.

(7) Commencing January 1, 2000, demonstration, in accordance with
the commission's standards of program quality and effectiveness, of
basic competency in the use of computers in the classroom as determined by
one of the following:

(A) Successful completion of a commission-approved program or course.

(B) Successful passage of an assessment that is developed, approved,
and administered by the commission.

(c) The minimum requirements for the professional clear multiple or
single subject teaching credential shall include all of the following
requirements:

(1) Possession of a valid preliminary teaching credential, as
prescribed in subdivision (b), possession of a valid equivalent credential or
certificate, or completion of equivalent requirements as determined by the
commission.  A candidate who has satisfied the requirements of subdivision (b) for
a preliminary credential, including completion of an accredited
internship program of professional preparation, shall be determined by the
commission to have fulfilled the requirements of paragraph (2) for beginning
teacher induction if the accredited internship program has fulfilled
induction standards and been approved as set forth in this subdivision.

(2) Subject to the availability of funds in the annual Budget Act to
provide statewide access to eligible beginning teachers, as defined in
subdivision (d) of Section 44279.1, completion of a program of beginning teacher
induction, including any of the following:

(A) A program of beginning teacher support and assessment approved by
the commission and the Superintendent of Public Instruction pursuant to
Section 44279.1, a provision of the Marian Bergeson Beginning Teacher
Support and Assessment System.

(B) An alternative program of beginning teacher induction that is
provided by one or more local education  agencies and has been approved by the
commission and the superintendent on the basis of initial review and periodic
evaluations of the program in relation to appropriate standards of credential
program quality and effectiveness that have been adopted by the commission,
the superintendent, and the State Board of Education pursuant to this
subdivision.  The standards for alternative programs shall encourage innovation
and experimentation in the continuous preparation and induction of
beginning teachers.  Any alternative program of beginning teacher induction
that has met state standards pursuant to this subdivision may apply for
state funding pursuant to  Sections 44279.1 and 44279.2.

(C) An alternative program of beginning teacher induction that is
sponsored by a regionally accredited college or university, in cooperation
with one or more local school districts, that addresses the individual
professional needs of beginning teachers and meets the commission's standards of
induction.  The commission shall ensure that preparation and induction programs
that qualify candidates for professional credentials extend and refine
each beginning teacher's professional skills in relation to the
California Standards for the Teaching Profession and the standards of pupil
performance adopted pursuant to Section 60605.

(3) Preparation, in accordance with commission standards, that
addresses the following:

(A) Study of health education, including study of nutrition,
cardiopulmonary resuscitation, and the physiological and sociological effects of
abuse of alcohol, narcotics, and drugs and the use of tobacco.  Training in
cardiopulmonary resuscitation shall also meet the standards established by the
American Heart Association or the American Red Cross.

(B) Study and field experience in methods of delivering appropriate
educational services to pupils with exceptional needs in regular education
programs.

(C) Study, in accordance with the commission's standards of program
quality and effectiveness, of advanced computer-based technology,
including the uses of technology in educational settings.

(4) The commission shall develop and implement standards of program
quality that provide for the areas of study listed in subparagraphs (A) to (C),
inclusive of paragraph (3), starting in professional preparation and
continuing through induction.

(5) Completion of an approved fifth-year program after completion of
a baccalaureate degree at a regionally accredited institution,
except that the commission shall eliminate this requirement for any
candidate who has completed an induction program that has been approved for the
professional clear credential pursuant to paragraph (2).

(d) A credential that was issued prior to the effective date of this
section shall remain in force as long as it is valid under the laws and
regulations that were in effect on the date it was issued. The commission may not, by
regulation, invalidate an otherwise valid credential unless it issues to the
holder of the credential, in substitution, a new credential authorized by
another provision in this chapter that is no more restrictive than the
credential for which it was substituted with respect to the kind of service
authorized and the grades, classes, or types of schools in which it authorizes
service.

(e) A credential program that is approved by the commission may not
deny an individual access to that program solely on the grounds that the
individual obtained a teaching credential through completion of an internship
program when that internship program has been accredited by the commission.

(f) Notwithstanding this section, persons who were performing
teaching services as of January 1, 1999, pursuant to the language of this
section that was in effect prior to that date, may continue to perform those
services without complying with any requirements that may be added by the
amendments adding this subdivision.

(g) Subparagraphs (A) and (B) of paragraph (4) of subdivision (b) do
not apply to any person who, as of January 1, 1997, holds a multiple or
single subject teaching credential, or to any person enrolled in a program of
professional preparation for a multiple or single subject teaching credential as
of January 1, 1997, who subsequently completes that program.  It is the
intent of the Legislature that the requirements of subparagraphs (A) and (B)
of paragraph (4) of subdivision (b) be applied only to persons who enter a
program of professional preparation on or after January 1, 1997.

(h) The commission shall grant teaching credentials based on the
requirements for those credentials that were in effect on December 31, 1998, to
candidates who were in the process of meeting those requirements for teaching
credentials before the effective date of the commission's implementation of this
section.

(Amended by Stats. 2000, Ch. 135, Sec. 42.)

Reference:
Education Code 44227
Education Code 44259.1
Education Code 44279.1
Education Code 44279.2
Education Code 44280
Education Code 44310
Education Code 44320.2
Education Code 44321
Education Code 44325
Education Code 44335
Education Code 44380
Education Code 44450
Education Code 60605

Education Code
EC 44259.1

Professional preparation
(a) An integrated program of professional preparation shall enable
candidates for teaching credentials to engage in professional preparation
concurrent with subject matter preparation, while completing baccalaureate
degrees at regionally accredited postsecondary institutions.  An
integrated program shall provide opportunities for candidates to complete
intensive field experiences in public elementary and secondary schools early
in the undergraduate sequence.  The development and implementation of
an integrated program shall be based on intensive collaboration among
subject matter departments and education units within postsecondary
institutions, and local public elementary and secondary school districts.  The
commission shall encourage postsecondary institutions to offer integrated
programs of professional preparation.  In approving integrated programs, the
commission shall not compromise or reduce its standards of subject matter
preparation pursuant to Article 6 (commencing with Section 44310) or its
standards of professional preparation pursuant to paragraph (3) of
subdivision (b) of Section 44259.

(b) A postbaccalaureate program of professional preparation shall
enable candidates for teaching credentials to commence and complete
professional preparation after they have completed baccalaureate degrees at
regionally accredited institutions. The development and implementation of a
postbaccalaureate program of professional preparation shall be based on intensive
collaboration among the postsecondary institution and local public elementary and
secondary school districts.

Reference:
Education Code 44259

(Repealed and added by Stats. 1998, Ch. 548, Sec. 3 and 4.)




 44259.2


Professional preparation
(a) Notwithstanding any other provision of this chapter, including,
but not limited to, paragraph (3) of subdivision (b) of Section 44259, the
commission shall waive the requirements for completion of a program of
professional preparation for any individual with a minimum of six years of
full-time teaching experience in an accredited private school, as determined
by the commission, in the subject and level of the credential sought, who
complies with all of the following (1) The individual submits evidence of two
years of rigorous performance evaluations while teaching in an accredited
private school, based on criteria determined by the commission, on which the
applicant received ratings of satisfactory or better.

(2) The individual meets the California requirements for teacher
fitness pursuant to Sections 44339, 44340, and 44341.

(b) Notwithstanding any other provision of this chapter, including,
but not limited to, paragraph (3) of subdivision (b) of Section 44259, the
commission shall waive the requirements for completion of the professional
field experience component of a program of professional preparation for
any individual with a minimum of three years of full-time teaching
experience in an accredited private school, as determined by the commission, in
the subject and level of the credential sought, who complies with all of
the following (1) The individual submits evidence of two years of
rigorous performance evaluations while teaching in an accredited private
school, based on criteria determined by the commission, on which the
applicant received ratings of satisfactory or better.

(2) The individual meets the California requirements for teacher
fitness pursuant to Sections 44339, 44340, and 44341.

(Amended by Stats. 2001, Ch. 269, Sec. 2.)

Reference:
Education Code 44339
Education Code 44340
Education Code 44341

Education Code
EC 44259.3

Professional Preparation
The commission shall review the minimum requirements set forth in
Section 44259 for the preliminary and professional multiple subject
teaching credential and shall recommend their revision as necessary, during
the normal revision cycles, to ensure that teachers of the elementary
grades receive training related to, and have knowledge of, developmentally
appropriate teaching methods for pupils in kindergarten and grades 1 to 3,
inclusive, who may be of the same grade level but of vastly different
developmental levels.  As part of its review, the commission shall ensure that the
requirements link academic theory regarding child development to instructional
methods designed for use in classrooms of young pupils of varying
developmental levels.  These instructional methods should be designed to ensure
success and progress by all pupils and should especially help teachers ensure
that children who enter school less prepared or with fewer skills than
their classmates meet the expected performance standards for that grade by
the end of the instructional year.  At the conclusion of its review, the
commission shall report to the Legislature on its recommended revisions, on or
before January 1, 2001.

(Amended by Stats. 1999, Ch. 83, Sec. 30.)




Education Code
EC 44259.5

Requirements for teachers of English Language Learners
(a) By July 1, 2002, the commission shall ensure that an accredited
program of professional preparation offered pursuant to paragraph (3) of
subdivision (b) of Section 44259 satisfies standards established by the
commission for the preparation of teachers for all pupils, including English
language learners.  The standards shall be based upon an independent job
analysis of the essential knowledge, skills, and abilities needed by all
classroom teachers to develop English language skills while maintaining
academic progress across the curriculum and shall take into account existing
standards and test specifications for the Crosscultural, Language and
Academic Development certificate.  The commission shall ensure that the
standards established pursuant to this subdivision are aligned with the
requirements of subparagraph (A) of paragraph (4) of subdivision (b) of Section
44259 and Section 60200.4.

(b) To maintain current statutory options for teachers in completing
credential requirements, the commission shall provide candidates, including
candidates prepared in other states, with an examination route to fulfilling the
requirements pursuant to subdivision (a) for essential preparation to teach
English language learners.  The commission shall provide for a comprehensive
validity study of the examination before implementing this section.

(c) Commencing July 1, 2003, the commission may not issue a
preliminary teaching credential to an applicant pursuant to subdivision (b) of
Section 44259 unless the applicant has satisfied the standards and
requirements established pursuant to subdivision (a) or has an authorization to
provide services to English language learners issued pursuant to Section
44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10.

(d) Commencing July 1, 2003, an approved program of beginning teacher
induction offered pursuant to paragraph (2) of subdivision (c) of Section 44259
shall satisfy standards established by the commission and the
Superintendent of Public Instruction for beginning teacher induction for teachers
for all pupils, including English language learners.  The commission and
the superintendent shall incorporate in these standards the essential
knowledge, skills, and abilities needed for first-year and second-year
certificated teachers to apply effective instructional strategies that assist
pupils to develop English language proficiency while maintaining academic
progress across the curriculum.  The standards shall be based upon the
independent job analysis of the essential knowledge, skills, and abilities for
all classroom teachers conducted pursuant to subdivision (a).

(e) Commencing July 1, 2005, the commission may not initially issue a
professional clear teaching credential to an applicant pursuant to subdivision
(c) of Section 44259 unless the applicant has satisfied the standards and
requirements established pursuant to subdivision (d) or has an authorization to
provide services to English language learners issued pursuant to Section
44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10.

(f) No provision of this section applies to the University of
California except to the extent that the Regents of the University of California,
by appropriate resolution, make that provision applicable.

(g) A candidate for a teaching credential pursuant to Section 44259 is
entitled to earn and receive the credential by fulfilling the standards and
requirements for the credential that were in effect when the candidate entered
accredited preparation or approved induction for the credential.

(h) By July 1, 2001, the commission shall report to the education
policy committees in each house of the Legislature on the new standards it is
required to develop pursuant to subdivision (a) and the progress of the
implementation of the new standards by accredited programs of professional
preparation.

(i) By July 1, 2002, the commission shall report to the education
policy committees in each house of the Legislature on the outcomes and
recommendations for the implementation of the validity study required pursuant to
subdivision (b).

(Amended by Stats. 2001, Ch. 745, Sec. 18.)




Education Code
EC 44259.5

Professional preparation; abilities to teach English Language
Learners
 (a) By July 1, 2002, the commission shall ensure that an accredited
program of professional preparation offered pursuant to paragraph (3) of
subdivision (b) of Section 44259 satisfies standards established by the
commission for the preparation of teachers for all pupils, including English
language learners.  The standards shall be based upon an independent job
analysis of the essential knowledge, skills, and abilities needed by all
classroom teachers to develop English language skills while maintaining
academic progress across the curriculum and shall take into account existing
standards and test specifications for the Crosscultural, Language and
Academic Development certificate.  The commission shall ensure that the
standards established pursuant to this subdivision are aligned with the
requirements of subparagraph (A) of paragraph (4) of subdivision (b) of Section
44259 and Section 60200.4.

(b) To maintain current statutory options for teachers in completing
credential requirements, the commission shall provide candidates, including
candidates prepared in other states, with an examination route to fulfilling the
requirements pursuant to subdivision (a) for essential preparation to teach
English language learners.  The commission shall provide for a comprehensive
validity study of the examination before implementing this section.

(c) Commencing July 1, 2003, the commission may not issue a
preliminary teaching credential to an applicant pursuant to subdivision (b) of
Section 44259 unless the applicant has satisfied the standards and
requirements established pursuant to subdivision (a) or has an authorization to
provide services to English language learners issued pursuant to Section
44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10.

(d) Commencing July 1, 2003, an approved program of beginning teacher
induction offered pursuant to paragraph (2) of subdivision (c) of Section 44259
shall satisfy standards established by the commission and the
Superintendent of Public Instruction for beginning teacher induction for teachers
for all pupils, including English language learners.  The commission and
the superintendent shall incorporate in these standards the essential
knowledge, skills, and abilities needed for first-year and second-year
certificated teachers to apply effective instructional strategies that assist
pupils to develop English language proficiency while maintaining academic
progress across the curriculum.  The standards shall be based upon the
independent job analysis of the essential knowledge, skills, and abilities for
all classroom teachers conducted pursuant to subdivision (a).

(e) Commencing July 1, 2005, the commission may not initially issue a
professional clear teaching credential to an applicant pursuant to subdivision
(c) of Section 44259 unless the applicant has satisfied the standards and
requirements established pursuant to subdivision (d) or has an authorization to
provide services to English language learners issued pursuant to Section
44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10.

(f) No provision of this section applies to the University of
California except to the extent that the Regents of the University of California,
by appropriate resolution, make that provision applicable.

(g) A candidate for a teaching credential pursuant to Section 44259 is
entitled to earn and receive the credential by fulfilling the standards and
requirements for the credential that were in effect when the candidate entered
accredited preparation or approved induction for the credential.

(h) (1) By July 1, 2000, the commission shall report to the education
policy committees in each house of the Legislature the following:

(A) The results of the job analysis required pursuant to subdivision
(a).

(B) The status of the new standards developed pursuant to subdivision
(a).

(C) The status of the implementation of the standards developed
pursuant to subdivision (a).

(2) By July 1, 2001, the commission shall report to the education
policy committees in each house of the Legislature on the new standards it is
required to develop pursuant to subdivision (a) and the progress of the
implementation of the new standards by accredited programs of professional
preparation.

(3) By July 1, 2002, the commission shall report to the education
policy committees in each house of the Legislature on the outcomes and
recommendations for the implementation of the validity study required pursuant to
subdivision (b).

(Added by Stats. 1999, Ch.711, Sec. 1.)

Reference:
Education Code 44253
Education Code 44253.1
Education Code 44253.2
Education Code 44253.3
Education Code 44253.4
Education Code 44253.10
Education Code 44259
Education Code 60200.4




Education Code
EC 44259.8

Preliminary Credential
(a) Upon the recommendation of the governing board of a school
district, the commission shall issue a California Preliminary (CAP)
credential to any person who displays knowledge and expertise in a subject area as
demonstrated by all of the following qualifications:

(1) Possession of a postbaccalaureate or graduate degree in a subject
specified in Section 44257 from a regionally accredited institution of higher
education.

(2) Five or more full-time equivalent years of practice in the field
for which the postbaccalaureate or graduate degree was awarded.

(3) Basic skills proficiency as measured by the test adopted pursuant
to Section 44252.

(b) The CAP credential is a preliminary single subject teaching
credential.  The CAP credential shall authorize teaching in the subject or subject
area, or the performance of services, approved by the commission and
designated on the credential.  The commission shall also approve and designate on
the credential the grade level or levels for which the teaching or service
authorization is valid.

(c) The governing board of a school district electing to recommend a
person for the CAP credential shall do the following:

(1) Enroll candidates for the CAP credential in a preservice training
program for a minimum of 40 hours of pedagogical training that is aligned with
the California Standards for the Teaching Profession.  A candidate for
the CAP credential shall complete this training before providing
classroom instruction.  The preservice training program shall include the
following:

(A) Preparation in classroom management and organization.

(B) Grade-level curriculum content and instructional models and
strategies.

(C) Pupil assessment practices.

(D) Literacy development in the subject to be authorized on the
credential.

(E) Equity, access, and diversity training.

(F) Appropriate instructional strategies for English language
learners and pupils with special needs.

(2) Develop an individual program of professional preparation
consisting of not less than 150 hours of study for each candidate to pursue
professional development in the areas specified in subparagraphs (A) to (F),
inclusive, of paragraph (1) and designed to assist the candidate in passing the
assessment specified in paragraph (2) of subdivision (e).

(3) Require each recipient of the CAP credential to complete the
preservice training program specified in paragraph (1) and the preparation
program specified in paragraph (2).

(d) Each CAP credential shall be issued initially and renewed for the
following periods of time pending completion of the requirements of this
section:

(1) The CAP credential shall be valid for two years to allow for
completion of the requirements of subdivision (e).

(2) Upon the completion of the requirements of subdivision (e), the
CAP credential shall, upon application, be renewed for two additional
years to allow for completion of the requirements of subdivision (f).

(3) Upon completion of the two-year renewal period and completion of
the requirements of subdivision (f), the holder of a CAP credential shall
be eligible, upon application, for a professional clear teaching
credential.

(e) Holders of a CAP credential shall meet the following requirements
prior to receiving a two-year renewal of the CAP credential:

(1) Completion of the individual program of professional
preparation offered pursuant to paragraph (2) of subdivision (c).

(2) Demonstration of basic pedagogical skills by passing the teacher
performance assessment that is adopted by the commission pursuant to Section
44320.2.

(f) Holders of a renewed CAP credential shall meet the following
additional requirements prior to obtaining a professional clear credential:

(1) Participation in a two-year induction program, as specified in
paragraph (2) of subdivision (c) of Section 44259 or Section 44279.1, that is
designed to extend the teacher's prior preparation and help the teacher
prepare for the assessment requirement of paragraph (2).

(2) Demonstration of teaching competence by passing an assessment of
the depth and breadth of the teacher's pedagogical knowledge, skills,
and abilities that shall be adopted for this purpose by the commission.

(3) Establishment of subject matter competence pursuant to
paragraph (5) of subdivision (b) of Section 44259.

(g) The commission may not accept new applications for the CAP
credential after January 1, 2005.

(h) The commission shall report to the Legislature by February 1, 2004
on the following:

(1) The number of CAP credentials issued in each subject specified in
Section 44257.

(2) The retention rates of candidates who receive a CAP credential.

(3) Recommendations for improvements to the CAP credential program.

(i) This section shall remain in effect until January 1, 2005, and as of
that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2005, deletes or extends that date.

(Added by Stats. 1999, Ch. 737, Sec. 3.)

Reference:
Education Code 44525
Education Code 44257
Education Code 44259
Education Code 44279.1
Education Code 44320.2




Education Code
EC 44259.8

Professional preparation
(a) Upon the recommendation of the governing board of a school
district, the commission shall issue a California Preliminary (CAP)
credential to any person who displays knowledge and expertise in a subject area as
demonstrated by all of the following qualifications:

(1) Possession of a postbaccalaureate or graduate degree in a subject
specified in Section 44257 from a regionally accredited institution of higher
education.

(2) Five or more full-time equivalent years of practice in the field
for which the postbaccalaureate or graduate degree was awarded.

(3) Basic skills proficiency as measured by the test adopted pursuant
to Section 44252.

(b) The CAP credential is a preliminary single subject teaching
credential.  The CAP credential shall authorize teaching in the subject or subject
area, or the performance of services, approved by the commission and
designated on the credential.  The commission shall also approve and designate on
the credential the grade level or levels for which the teaching or service
authorization is valid.

(c) The governing board of a school district electing to recommend a
person for the CAP credential shall do the following:

(1) Enroll candidates for the CAP credential in a preservice training
program for a minimum of 40 hours of pedagogical training that is aligned with
the California Standards for the Teaching Profession.  A candidate for
the CAP credential shall complete this training before providing
classroom instruction.  The preservice training program shall include the
following:

(A) Preparation in classroom management and organization.

(B) Grade-level curriculum content and instructional models and
strategies.

(C) Pupil assessment practices.

(D) Literacy development in the subject to be authorized on the
credential.

(E) Equity, access, and diversity training.

(F) Appropriate instructional strategies for English language
learners and pupils with special needs.

(2) Develop an individual program of professional preparation
consisting of not less than 150 hours of study for each candidate to pursue
professional development in the areas specified in subparagraphs (A) to (F),
inclusive, of paragraph (1) and designed to assist the candidate in passing the
assessment specified in paragraph (2) of subdivision (e).

(3) Require each recipient of the CAP credential to complete the
preservice training program specified in paragraph (1) and the preparation
program specified in paragraph (2).

(d) Each CAP credential shall be issued initially and renewed for the
following periods of time pending completion of the requirements of this
section:

(1) The CAP credential shall be valid for two years to allow for
completion of the requirements of subdivision (e).

(2) Upon the completion of the requirements of subdivision (e), the
CAP credential shall, upon application, be renewed for two additional
years to allow for completion of the requirements of subdivision (f).

(3) Upon completion of the two-year renewal period and completion of
the requirements of subdivision (f), the holder of a CAP credential shall
be eligible, upon application, for a professional clear teaching
credential.

(e) Holders of a CAP credential shall meet the following requirements
prior to receiving a two-year renewal of the CAP credential:

(1) Completion of the individual program of professional
preparation offered pursuant to paragraph (2) of subdivision (c).

(2) Demonstration of basic pedagogical skills by passing the teacher
performance assessment that is adopted by the commission pursuant to Section
44320.2.

(f) Holders of a renewed CAP credential shall meet the following
additional requirements prior to obtaining a professional clear credential:

(1) Participation in a two-year induction program, as specified in
paragraph (2) of subdivision (c) of Section 44259 or Section 44279.1, that is
designed to extend the teacher's prior preparation and help the teacher
prepare for the assessment requirement of paragraph (2).

(2) Demonstration of teaching competence by passing an assessment of
the depth and breadth of the teacher's pedagogical knowledge, skills,
and abilities that shall be adopted for this purpose by the commission.

(3) Establishment of subject matter competence pursuant to
paragraph (5) of subdivision (b) of Section 44259.

(g) The commission may not accept new applications for the CAP
credential after January 1, 2005.

(h) The commission shall report to the Legislature by February 1, 2004
on the following:

(1) The number of CAP credentials issued in each subject specified in
Section 44257.

(2) The retention rates of candidates who receive a CAP credential.

(3) Recommendations for improvements to the CAP credential program.

(i) This section shall remain in effect until January 1, 2005, and as of
that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2005, deletes or extends that date.

(Added by Stats. 1999, Ch. 737, Sec. 3.)

Reference:
Education Code 44525
Education Code 44257
Education Code 44259
Education Code 44279.1
Education Code 44320.2




Education Code
EC 44260

Designated subjects preliminary vocational education credential
The minimum requirements for the designated subjects preliminary
vocational education teaching credential shall be all of the following:

(a) Five years or the equivalent of adequate, successful, and recent
experience in, or experience and education in, the subject named on the
credential.

(b) Possession of a high school diploma or the passage of an
equivalency examination as designated by the commission.

(c) Completion of two semester units or passage of an examination on
the principles and provisions of the United States Constitution, as
specified in Section 44335.

(d) Passage of an approved examination of basic reading, writing, and
mathematics skills, as specified in Sections 44252 and 44253.

(e) If in the judgment of the commission an examination in the subject
to be taught is necessary or desirable, such an examination may also be
required.

(Repealed and added by Stats. 1982, Ch. 1361, Sec. 3.)

Reference:
Education Code 44252
Education Code 44253
Education Code 44335




Education Code
EC 44260.1

Five-year renewal requirements
The minimum requirements for the five-year renewal of the
preliminary designated subjects vocational education teaching credential
shall be all of the following:

(a) A valid designated subjects preliminary vocational education
teaching credential.

(b) Two years of successful teaching, or the equivalent, as
authorized by the designated subjects preliminary vocational education
teaching credential.

(c) A program of personalized preparation as approved by the
commission.

(d) Completion of a program of study in health education, including,
but not limited to, an emphasis on the physiological and sociological
effects of abuse of alcohol, narcotics, and drugs, and of the use of tobacco.

(Added by Stats. 1982, Ch. 1361, Sec. 4.)




Education Code
EC 44260.2

Designated subjects preliminary adult education credential
The minimum requirements for the designated subjects preliminary
adult education teaching credential shall be all of the following:

(a) Five years or the equivalent of appropriate experience or
education in the subject named on the credential.

(b) Possession of a high school diploma or the passage of an
equivalency examination as designated by the commission.

(c) Completion of two semester units or passage of an examination on
the principles and provisions of the United States Constitution, as
specified in Section 44335.

(d) Passage of an approved examination of basic reading, writing, and
mathematics skills, as specified in Sections 44252 and 44253.

(Added by Stats. 1982, Ch. 1361, Sec. 5.)

Reference:
Education Code 44252
Education Code 44253
Education Code 44335




Education Code
EC 44260.3

Five-year renewal
The minimum requirements for the five-year renewal of the
preliminary designated subjects adult education teaching credential shall be
all of the following:

(a) A valid designated subjects preliminary adult education
teaching credential.

(b) Two years of successful teaching, or the equivalent. as
authorized by the designated subjects preliminary adult education teaching
credential.

(c) A program of personalized preparation as approved by the
commission.

(d) Completion of a program of stud in health education. including,
but not limited to, training in, or verification of training in,
cardiopulmonary resuscitation which meets the standards set by the American Heart
Association or the American Red Cross and emphasis on the physiological and
sociological effects of abuse of alcohol. narcotics, and drugs, and of the use of
tobacco.

(Amended by Stats. 1991, Ch. 30  (A.B.1136), Sec. 1.)




Education Code
EC 44260.4

Designated subjects special subjects credential
The minimum requirements for the designated subjects special
subjects teaching credential shall be appropriate to the special subject
named on the credential, in accordance with the requirements established
by the commission. Special subjects instruction may include, but shall
not be limited to, driver education and training.

(Added by Stats. 1982, Ch. 1361, Sec. 7.)




Education Code
EC 44260.5

Requirements for issuance and renewal; part-time
The commission shall establish minimum requirements for the
issuance and renewal of the designated subjects teaching credentials for
part-time service. Designated subjects teaching credentials issued for
part-time service shall not authorize service for more than one-half of a
full-time teaching assignment.

(Added by Stats. 1982, Ch. 1361, Sec. 8.)




Education Code
EC 44260.6

Minimum requirements; designated subjects supervision and
condition credential
 The minimum requirements for the designated subjects supervision
and coordination credential shall include all of the following:

(a) Possession of a designated subjects teaching credential, other
than for part-time service.

(b) Three years of full-time teaching experience in the subject named
on the designated subjects teaching credential.

(c) Completion of a commission-approved personalized preservice
program in supervision and coordination.

(d) The designated subjects supervision and coordination
credential shall authorize the holder to supervise and coordinate designated
subjects classes and programs.

(Added by Stats. 1982, Ch. 1361, Sec. 9.)




Education Code
EC 44260.7

Alternative routes
The commission may develop alternative routes to the subject matter
coursework requirements for the preliminary designated subjects credential in
driver education and training, including approved staff development
programs offered by school districts and county offices of education, if the
alternative routes meet standards established by the commission.

(Added by Stats. 1995, Ch. 447, Sec. 1.)




Education Code
EC 44260.8

Minimum requirements; clear designated subjects credential
(a) The minimum requirements for the clear designated subjects
teaching credential shall include the study of health education as specified
in paragraph (1) of subdivision (c) of Section 44259.

(b) The minimum requirements for the clear designated subjects
teaching credential for vocational education or adult education shall
include study of computer-based technology, including the uses of
technology in educational settings, and the minimum requirements for the
special subjects credential may, at the discretion of the commission,
include the study of computer-based technology, including the uses of
technology in educational settings.

(Added by Stats. 1992, Ch. 1245, Sec. 4.)

Reference:
Education Code 44259




Education Code
EC 44261

Multiple or single credential with designated emphasis
The minimum requirements for the multiple or single subject teaching
credential with a designated emphasis shall be as specified in Section 44259.

(Repealed and added by Stats. 1992, Ch. 1245, Sec. 5 and 6.)

Reference:
Education Code 44259




Education Code
EC 44261.2

Legislative finding and declaration
(a) The Legislature finds and declares the following:

(1) The role of parents and guardians in the education of pupils and the
development of children and youth is critically important.

(2) Active partnerships among parents, guardians, and professional
educators are essential features of effective education.

(3) Recent and anticipated changes in the conditions of childhood and
adolescence, including, but not limited to, the changing family structure and
ethnic and cultural diversity. make it more critical than before that
partnerships among parents, guardians, and professional educators be
effective.

It is the intent of the Legislature that prospective teachers and
certificated educators acquire needed perspectives to serve as active partners
with parents and guardians in the education of pupils.

(b) The commission shall adopt standards and requirements pursuant
to paragraphs (3) and (4) of subdivision (b) of Section 44259, Section
44265, Sections 44266 to 44270.1, inclusive. and Section 44372 that
emphasize the preparation of prospective teachers and other certificated
educators to serve as active partners with parents and guardians in the
education of pupils. The standards shall address, through appropriate
instruction and field experiences, the roles of parents and guardians in the
educational process, strategies for involving and working with parents and
guardians, and the changing conditions of childhood and adolescence,
including, but not limited to, the changing family structure and ethnic and
cultural diversity.

(c) An institution meets the standards set forth in subdivision (b)
with the incorporation of appropriate content within existing
professional preparation courses.

(d) The implementation of subdivision (b) as it applies to paragraphs
(3) and (4) of Section 44259 shall occur in conjunction with the review of
requirements for earning and renewing multiple and single subject teaching
credentials, as required by subdivisions (a) and (b) of Section 44259.2.

(e) The standards and requirements developed pursuant to
subdivision (b) and the conditions described in subdivision (d) of this section
shall not apply to any person holding a valid credential on December 31,
1993.

(f) The commission shall not, by regulation, revoke or restrict in any
way a credential that was valid prior to the effective date of this section
unless the commission issues the holder of the credential a valid substitute
credential. The authorization of the substitute credential shall not be more
restrictive than that of the former credential. The definition of the term
"authorization," in subdivision (d) of Section 44203 of Article 1 of Chapter 2 of Part 25
of the Education Code, applies to this subdivision.

(Added by Stats. 1993, Ch. 767, Sec. 1.)

Reference:
Education Code 44203
Education Code 44259
Education Code 44259.2
Education Code 44265
Education Code 44266-44270.1
Education Code 44372



Education Code
EC 44262

Eminence credential
Upon the recommendation of the governing board of a school district,
the commission may issue an eminence credential to any person who has
achieved eminence in a field of endeavor taught or service practiced in the
public schools of California.

This credential shall authorize teaching or the performance of
services in the public schools in the subject or subject area or service and at
the level or levels approved by the commission as designated on the
credential.

Each credential so issued shall be issued initially for a two-year
period and may be renewed for a three-year period by the commission upon the
request of the governing board of the school district. Upon completion of the
three-year renewal period, the holder of an eminence credential shall be
eligible upon application for a professional clear teaching credential.

(Amended by Stats. 1996, Ch. 1067, Sec. 7.)

Education Code
EC 44263

Assignment to teach single subject class
A teacher licensed pursuant to the provisions of this article may be
assigned, with his or her consent, to teach any single subject class in which he or
she has 18 semester hours of coursework or nine semester hours of upper
division or graduate coursework or a multiple subject class if he or she holds at
least 60 semester hours equally distributed among the four areas of a
diversified major set forth in Section 44314. A three-semester-unit variance in
any of the required four areas may be allowed. The governing board of the
school district by resolution shall provide specific authorization for
such assignment. The authorization of the governing board shall remain
valid for one year and may be renewed annually.

(Amended by Stats. 1977, Ch. 36.)

Reference:
Education Code 44314




Education Code
EC 44264

Credential issued prior to December 31, 1971
Notwithstanding any other provision of law, a person holding a
credential issued under the laws and regulations in effect on or before December
31, 1971, authorizing teaching in grades 7 to 12, inclusive, or grades 7 to
9, inclusive, in the secondary schools may be assigned, with his or her
consent, to teach any subject authorized on his or her credential in grades 5 and
6 or grade 5 or grade 6 in a departmentalized program in a school composed
of grades 5, 6, 7, and 8 or grades 6, 7, and 8.

Notwithstanding any other provision of law, a person holding a
credential issued under the laws and regulations in effect on or before December
31, 1971, authorizing administration in grades 7 to 12, inclusive, in the
secondary schools may be assigned, with his or her consent, to provide
administration for grades 5 and 6 or grade 6, in a school composed of grades 5, 6, 7, and 8
or grades 6, 7, and 8.

(Amended by Stats. 1986, Ch. 171, Sec. 2.)




Education Code
EC 44265

Specialists credentials
Credentials for teaching specialties, including, but not limited
to, bilingual education, early childhood education, and special
education, shall be based upon a baccalaureate degree from an accredited
institution, completion of a program of professional preparation, and any other
standards which the commission may establish.

In adopting the necessary rules and regulations establishing the
requirements for the preparation of special education specialties, the
commission shall ensure that teachers have sufficient knowledge of subject
matter that is the core of the California public school curriculum and
experience with nonspecial education pupils to the extent deemed appropriate by
the commission.

All administrative regulations governing special education
specialists credentials that were in effect on December 31, 1989, shall continue
to be operative until the commission amends or repeals those
regulations to implement the provisions of this section.

(Repealed and added by Stats. 1989, Ch. 388, Sec. 4.)




Education Code
EC 44265.5

Visually impaired, deaf or hard of hearing, orthopedically
impaired; credential authorizations
 (a) Pupils who are visually impaired shall be taught by teachers whose
professional preparation and credential authorization are specific to that
impairment.

(b) Pupils who are deaf or hard of hearing shall be taught by teachers
whose professional preparation authorization are specific to that
impairment.

(c) Pupils who are orthopedically impaired shall be taught by
teachers whose professional preparation and credential authorization are
specific to that impairment.

(Amended by Stats. 1994, Ch. 1288, Sec. 3.)




Education Code
EC 44265.7

Preliminary specialist requirements
(a) The Commission on Teacher Credentialing shall issue a two-year
nonrenewable preliminary specialist instruction credential, solely for the
purpose of instructing deaf or hearing-impaired pupils, to any prelingually
deaf candidate upon medical or other appropriate professional
verifications.

(b) The minimum requirements for the preliminary specialist
instruction credential solely for the purpose of instructing deaf or
hearing-impaired pupils are all of the following:

(1) A baccalaureate or higher degree, except a degree in professional
education, from a regionally accredited institution of higher education.

(2) Completion of an approved program of professional preparation.

(3) Demonstration of a knowledge of various methods of teaching
reading.

(4) Study of alternative methods of developing English language
skills, including reading, and the study of integrated methods of teaching
language arts.

(5) Completion of a subject matter program that has been approved by
the commission on the basis of standards of program quality and
effectiveness pursuant to Article 6 (commencing with Section 44310) or passage of a
subject matter examination pursuant to Article 5 (commencing with Section
44280).

(6) Demonstration of a knowledge of the principles and provisions of
the Constitution of the United States pursuant to Section 44335.

(c) The applicant is exempted from the requirements in Section 44252
and subdivision (b) of Section 44830.

(d) "Prelingually deaf" is defined, for purposes of this section, as
having suffered a hearing loss prior to three years of age that prevents the
processing of linguistic information through hearing, with or without
amplification.

(e) The preliminary specialist instruction credential issued under
this section authorizes the holder to teach deaf and hearing-impaired
pupils who are enrolled in state special schools or in special classes for
pupils with hearing impairments.

(Added by Stats. 1993, Ch. 859, Sec. 5)

Reference:
Education Code 44252
Education Code 44280
Education Code 44310
Education Code 44335
Education Code 44830




Education Code
EC 44265.8

Two-year services credential with a specialization in pupil
personnel services
 (a) The Commission on Teacher Credentialing shall issue a two-year
services credential with a specialization in pupil personnel services,
solely for the purpose of counseling deaf and hearing-impaired pupils, to
any prelingually deaf candidate upon medical or other appropriate
professional verifications, provided the candidate has met the minimum
requirements specified in Section 44266.

(b) The applicant is exempted from the requirements in Section 44252
and subdivision (b) of Section 44830.

(c) "Prelingually deaf" is defined, for purposes of this section, as
having suffered a hearing loss prior to three years of age that

prevents the processing of linguistic information through hearing,
with or without amplification.

(d) The services credential issued under this section authorizes the
holder to serve at all grade levels as a school counselor of deaf and
hearing-impaired pupils who are enrolled in state special schools or in special classes
for pupils with hearing impairments.

(Added by Stats. 1993, Ch. 859, Sec. 6)

Reference:
Education Code 44252
Education Code 44266
Education Code 44830




Education Code
EC 44265.9

Criteria to verify proficiency
(a) By January 1, 1994, the Commission on Teacher Credentialing shall
develop criteria to verify the proficiency of holders of credentials issued
pursuant to Sections 44265.7 and 44265.8 in performing the essential
functions of their positions.

(b) The school district, county office of education, or state special
school that employs a holder of a credential issued pursuant to Section
44265.7 or 44265.8 shall appoint a three-person panel that shall verify the
proficiency of holders of credentials issued pursuant to Sections 44265.7 and
44265.8 using the criteria the Commission on Teacher Credentialing develops
for this purpose. The panel shall report its findings to the employing
school district, county office of education. or state special school which
may adopt those findings.

(c) The panel appointed pursuant to subdivision (b) shall consist of
the following:

(1) A school administrator selected by school administrators of the
employing school district, county office of education, or state special
school.

(2) A parent of a deaf or hearing-impaired child selected by a
school-related parent group.

(3) A teacher who holds a credential authorizing service to deaf or
hearing-impaired pupils selected by teachers at the employing school.

(d) Employing school districts, county offices of education, and
state special schools shall ensure that the panel completes the
verification of proficiency within two years of the issuance of the credentials
issued pursuant to Sections 44265.7 and 44265.8.

(e) Upon verification of proficiency as documented by the employing
school district, county office of education, or state special school, The
Commission on Teacher Credentialing shall issue a specialist credential,
solely for the purpose of instructing deaf and hearing-impaired pupils
enrolled in state special schools, or in special classes, or a services
credential with a specialization in pupil personnel services, solely for the
purpose of counseling deaf and hearing-impaired pupils enrolled in state
special schools or in special classes.

(Added by Stats. 1993, Ch. 859, Sec. 7.)

Reference:
Education Code 44265.7
Education Code 44265.8





 44265.10


School Psychologist Of Deaf And Hearing-Impaired Pupils; Two-Year
Services Credential
 (a) The Commission on Teacher Credentialing shall issue a two-year
services credential with a specialization in pupil personnel services,
solely for the purpose of counseling deaf and hearing-impaired pupils as a
school psychologist, to any prelingually deaf candidate upon medical or
other appropriate professional verification, provided the candidate has
met the minimum requirements specified in Section 44266.

(b) An applicant under this section is exempted from the requirements
in Section 44252 and subdivision (b) of Section 44830.

(c) "Prelingually deaf" means a person who suffered a hearing loss
prior to three years of age that prevents the processing of linguistic
information through hearing, with or without amplification.

(d) The services credential issued under this section authorizes the
holder to serve at all grade levels as a school psychologist of deaf and
hearing-impaired pupils who are enrolled in state special schools or in special classes
for pupils with hearing impairments.

Reference:
Education Code 44266
Education Code 44830

(Added by Stats 2000, Ch. 951, Sec. 1)

Education Code
EC 44266

Minimum requirements
The minimum requirements for the services credential with a
specialization in pupil personnel services are a baccalaureate degree or higher
degree, except in professional education, from an approved institution, a
fifth year of study, and any specialized and professional preparation that
the commission shall require, including completion of a
commission-approved program of supervised field experience that includes direct
classroom contact, jointly sponsored by a school district and a college or
university.

The services credential with a specialization in pupil personnel
services shall authorize the holder to perform, at all grade levels, the pupil
personnel service approved by the commission as designated on the credential,
which may include, but need not be limited to, school counseling, school
psychology, child welfare and attendance services, and school social work.

The commission shall continue to issue credentials with a
specialization in pupil personnel services under the law as it read on December
31,1986, for a time period of two years from the effective date of regulations
adopted for the issuance of certificates under the new program required by
this section, to any candidate in the process of obtaining a services
credential with a specialization in pupil personnel services through a
previously approved program of study.

(Amended by Stats. 1988, Ch. 323, Sec. 1.)




Education Code
EC 44267

Minimum requirements; specialization in health
The minimum requirements for a services credential with a
specialization in health are:

(a) Five years, or its equivalent, of college or university
education, or five years of professional preparation approved by the
commission.

(b) Possession of a valid license, certificate, or registration,
appropriate to the health service to be designated, issued by the California
agency authorized by law to license, certificate, or register persons to
practice that health service in California.

(c) Such additional requirements as may be prescribed by the
commission.

The services credential with a specialization in health shall
authorize the holder to perform, at all grade levels, the health service
approved by the commission as designated on the credential. Services as an
audiometrist, occupational therapist, or physical therapist are not deemed health
services within the meaning of this section.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44267.5

Minimum requirements; school nurse
(a) The minimum requirements for a services credential with a
specialization in health for a school nurse are all of the following:

(1) A baccalaureate or higher degree from an accredited institution.

(2) A valid California license as a registered nurse.

(3) One year of coursework beyond the baccalaureate degree in a
program approved by the commission.

(b) The period for which a services credential with a specialization
in health for a school nurse is valid, shall be as follows:

(1) For a preliminary credential, pending completion of the one year
of coursework beyond the baccalaureate degree in a program approved by
the commission, five years.

(2) For the professional credential, after completion of
requirements specified by the commission, five years.

(c) The services credential with a specialization in health for a
school nurse shall authorize the holder to perform, at grades 12 and below,
the health services approved by the commission and designated on the
credential.

(d) The holder of a services credential with a specialization in
health for a school nurse who also completes the requirements for a special
class authorization in health in a program that is approved by the
commission is authorized to teach classes on health in a preschool,
kindergarten, grades 1 to 12, inclusive, and classes organized primarily for
adults.

(Amended by Stats. 1994, Ch. 172, Sec. 1.)




Education Code
EC 44268

Minimum requirement; specialization in clinical or rehabilitative
services
 The minimum requirements for a services credential in a
specialization in clinical or rehabilitative services are:

(a) A baccalaureate degree or higher degree from an institution
approved by the commission.

(b) A fifth year, or its equivalent, of college or university
education.

(c) Such specialized and professional preparation as the commission
may require.

The services credential with a specialization in clinical or
rehabilitative services shall authorize the holder to perform, at all grade levels,
the service approved by the commission as designated on the credential.
Clinical or rehabilitative services which may be designated by the commission
include, but need not be limited to, speech, language, and hearing services.

(Enacted by Stats. 1976, Ch. 1010.)





 44268.5


Specialist Credential; special needs
(a) A teacher who does not hold a specialist credential to teach pupils
with mild to moderate disabilities in a special day class setting may teach
in a special day class setting that consists of pupils with mild to
moderate disabilities if the teacher consents to the assignment and meets all
of the following conditions:

(1) The teacher has been teaching in a special day class setting for a
minimum of 10 years, as of January 1, 2000.

(2) The teacher holds one of the following:

(A) A services credential with a specialization in clinical or
rehabilitative services with special class authorization.

(B) A Standard Teaching Credential with the Minor - Speech and Hearing
Handicapped.

(C) A Restricted Special Education Credential - Speech and Hearing
Therapy.

(D) A Limited Specialized Preparation Credential - Speech and
Hearing Handicapped.

(E) A Special Secondary Credential - Correction of Speech Defects.

(F) An Exceptional Children Credential - Speech Correction and Lip
Reading.

(3) Concurrently with the teaching assignment, the teacher annually
completes 6 units or the equivalent thereof of professional development in core
subjects.

(4) The teacher passes the reading instruction competence
assessment administered by the commission pursuant to Section 44283 within one
year of the beginning of the school year.  Passage of the assessment shall be
considered evidence of the teacher's competence in reading instruction.   (b)
This section shall remain in effect only until January 1, 2005, and as of
that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2005, deletes or extends that date.

(Amended by Stats. 2000, Ch. 109, Sec. 1.)




Education Code
EC 44269

Credential authorizing service as library media teacher
The commission may issue a services credential authorizing service
as a library media teacher upon completion of specialized preparation
as required by the commission.

The standards for these credentials are a baccalaureate degree or
higher degree from an institution approved by the commission, a valid
teaching credential and specialized and professional preparation as the
commission may require.

Whenever the term "librarian" is used in this article, it shall be
deemed to refer to "library media teacher."

(Amended by Stats. 1988, Ch. 180, Sec. 2.)




Education Code
EC 44270

Minimum requirements; specialization in administrative services
(a) The minimum requirements for the preliminary services
credential with a specialization in administrative services are all of the
following:

(1) Possession of one of the following:

(A) A valid teaching credential requiring the possession of a
baccalaureate degree and a professional preparation program including student
teaching.

(B) A valid designated subjects vocational education, adult, or
special subjects teaching credential, as specified in Section 44260,
44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses
a baccalaureate degree.

(C) A valid services credential with a specialization in pupil
personnel, health, or clinical or rehabilitative services, as specified in
Section 44266,44267,44267.5, or 44268, or a valid services credential
authorizing service as a library media teacher, as specified in Section 44269.

(D) A valid credential issued under the laws, rules, and regulations
in effect on or before December 31, 1971, which authorizes the same areas
as in subparagraphs (B) and (C).

(2) Completion of a minimum of three years of successful, full-time
classroom teaching experience in the public schools, including, but not
limited to, service in state- or county-operated schools, or in private
schools of equivalent status or three years of experience in the fields of
pupil personnel, health, clinical or rehabilitative, or librarian
services.

(3) Completion of an entry level program of specialized and
professional preparation in administrative services approved by the commission
or a one-year internship in a program of supervised training in
administrative services, approved by the commission as satisfying the requirements
for the preliminary services credential with a specialization in
administrative services.

(4) Current employment in an administrative position after
completion of professional preparation as defined in paragraph (3), whether
full or part time, in a public school or private school of equivalent
status. The commission shall encourage school districts to consider the
recency of preparation or professional growth in school administration as
one of the criteria for employment.

(b) The preliminary administrative services credential shall be
valid for a period of five years from the date of initial employment in an
administrative position, whether full or part time, and shall not be renewable.

(c) A candidate who completed, by September 30, 1984, the
requirements for the administrative services credential in effect on June 30,
1982, is eligible for the credential authorized under those requirements.
All other candidates shall satisfy the requirements set forth in this
section.

(Amended by Stats. 1993, Ch. 378, Sec. 2.)

Reference:
Education Code 44260
Education Code 44260.1
Education Code 44260.2
Education Code 44260.3
Education Code 44260.4
Education Code 44266
Education Code 44267
Education Code 44267.5
Education Code 44268
Education Code 44269




Education Code
EC 44270.1

Professional services credential; specialization in
administrative services
 (a) The minimum requirements for the professional services
credential with a specialization in administrative services are all of the
following:

(1) Possession of a valid preliminary administrative services
credential, as specified in Section 44270.

(2) A minimum of two years of successful experience in a full-time
administrative position in a public school or private school of equivalent status,
while holding the preliminary administrative services credential, as
attested by the employing school district or agency, including, but not
limited to, the State Department of

Education, in the case of state school administrators, and county
offices of education, in the case of county school administrators.

(3) Completion of a commission-approved program of advanced
preparation. Each candidate, in consultation with employing school district
personnel and university personnel, shall develop an individualized program
of professional development activities for this advanced preparation
program based upon individual needs. Each individualized program will
include university coursework and may include, nonuniversity activities or
advanced administrative field experiences. The commission shall adopt
standards and criteria for the university programs of advanced preparation and
nonuniversity activities.

(b) The commission may, at the request of a credential candidate,
grant a waiver, pursuant to subdivision (m) of Section 44225, of the
requirement of university coursework upon its finding that the candidate, in
consultation with personnel of the employing school district and personnel of the
university, is not able to develop an individualized program of professional
development for the advanced preparation program that meets the individual needs
of the candidates.

(c) The professional administrative services credential shall be
valid for a period of five years from date of issuance and may be renewed upon
completion of professional renewal requirements specified by the commission.

(Amended by Stats. 1994, Ch. 681, Sec. 5.)

Reference:
Education Code 44225
Education Code 44270




Education Code
EC 44270.2

Authorization to perform administrative services all grade levels
The services credential with a specialization in administrative
services shall authorize the holder to perform administrative services at all
grade levels.

Any person who administers a pupil personnel program shall hold a
services credential with a pupil personnel or administrative
specialization.

(Amended by Stats. 1993, Ch. 378, Sec. 4.)





 44270.3


Specialization in administrative services
Notwithstanding any provision of this chapter, the commission shall
issue a preliminary services credential with a specialization in
administrative services to an out-of-state trained administrator who meets all of
the following requirements:

(a) Possesses a baccalaureate degree from a regionally accredited
institution of higher education.

(b) Successfully passed the basic skills proficiency test
administered pursuant to Section 44252.5.

(c) Completed a teacher preparation program at a regionally
accredited institution of higher education, was issued an elementary,
secondary, or special education teaching credential based upon that program,
and served on that credential for at least three years.

(d) Completed an administrator preparation program at a regionally
accredited institution of higher education and was issued, or qualified for, an
administrative services credential based upon that program.

(e) Submitted fingerprint cards and met the requirements of
California for teacher fitness pursuant to Sections 44339, 44340, and 44341.

(Added by Stats. 2000, Ch. 703, Sec. 3.)


 44270.4


Specialization in administrative services
Notwithstanding any provision of this chapter, the commission shall
issue a professional services credential with a specialization in
administrative services to an out-of-state trained administrator who meets all of
the following requirements:

(a) Possesses a baccalaureate degree from a regionally accredited
institution of higher education.

(b) Successfully passed the basic skills proficiency test
administered pursuant to Section 44252.5.

(c) Completed a teacher preparation program at a regionally
accredited institution of higher education, was issued an elementary,
secondary, or special education teaching credential based upon that program,
and served on that credential for at least three years.

(d) Completed an administrator preparation program at a regionally
accredited institution of higher education and was issued an administrative
services credential based upon that program.

(e) Submitted to the commission a minimum of two rigorous performance
evaluations, one in each of the applicant's two most recent years of service as an
administrator, upon which the applicant received ratings of satisfactory or
better.

(f) Successfully served as a public school administrator for at least
three years or successfully completed an individual program of
professional development that included intensive mentoring, assistance, and
support as certified by the employing school district.

(g) Submitted fingerprint cards and met the requirements of
California for teacher fitness pursuant to Sections 44339, 44340, and 44341.

(Added by Stats. 2000, Ch 703, Sec. 4.)

Education Code
EC 44271

Designated subjects teaching credential specialization in
vocational trade
 The designated subjects teaching credential with a specialization
in vocational trade and technical teaching shall authorize the holder,
who also meets the requirements for administrative service, to
supervise and administer programs of trade and technical education in school
districts or in schools where the curricula are predominately trade,
technical, or industrial in nature.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44272

Limited services credentials
The commission may issue limited services credentials authorizing
administrative service in schools which are not part of the public school system but
which are administered by other state agencies.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44273

Circumstances for issuing credentials
Notwithstanding any other provisions of this code, any credential
described in Section 44250 shall be issued to an applicant under the following
circumstances:

(a) The commission has accepted, upon application of an approved
institution supported by detailed data and justification, a program developed
and offered by that institution as an experimental, exploratory, or
pilot program of preparation for such a credential. The commission shall
accept only those programs which it finds, by resolution entered in its
minutes, to have merit and the potential of improving the quality of service
authorized by the credential.

(b) The applicant has completed such a program following the date of
its acceptance by the commission.

(c) The applicant holds upon completion of the credential program a
baccalaureate or higher degree from an approved institution.

(d) The applicant meets all of the requirements of this chapter and the
regulations of the commission adopted pursuant thereto, respecting age,
character, citizenship, health, identification, oath or affirmation, and
study of or examination in the Constitution of the United States.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44250





 44274


Credential Types
(a) The commission shall conduct periodic reviews, beginning in
1998, to determine whether any state has established teacher preparation
standards that are at least comparable and equivalent to teacher preparation
standards in California.

(b) When the commission determines, pursuant to subdivision (a),
that the teacher preparation standards established by any state are at
least comparable and equivalent to teacher preparation standards in
California, the commission shall initiate negotiations with that state to
provide reciprocity in teacher credentialing.

(c) The commission shall grant an appropriate credential to any
applicant from another state who has completed teacher preparation that is at
least comparable and equivalent to preparation that meets teacher
preparation standards in California, as determined by the commission pursuant to
this section, if the applicant has met the requirements of California for
the basic skills proficiency test pursuant to subdivision (d) of Section
44275.3 and teacher fitness pursuant to Sections 44339, 44340, and 44341.

(d) No reciprocity agreement established pursuant to subdivision
(b) shall exempt an out-of-state applicant from submitting an
identification card pursuant to Section 44340 and obtaining a certificate of
clearance, credential, permit, or certificate of eligibility from the
commission.

(e) The commission shall issue credentials to out-of-state prepared
teachers based on all of the following:

(1) Equivalent preparation received outside of this state.

(2) Equivalent reading instruction, as determined by the reviews
conducted pursuant to Section 44274.1.

(3) Equivalent subject matter programs or credential emphasis
programs, as determined by the reviews conducted pursuant to Section 44274.1.

(Amended by Stats. 2000, Ch. 703, Sec. 5.)


 44274.1


Credential Types
To remove unnecessary barriers for entry into teaching for teachers
prepared in other  states, the commission shall contract for reviews of areas of
teacher preparation in other states, as specified in subdivisions (a) to (c),
inclusive.  The initial reviews shall commence in 2001.  Supplemental reviews
shall be conducted every three years after completion of the initial
review.  The purpose of the review is to maintain and utilize information to
allow teachers prepared in other states to meet specified California
requirements for multiple subject and single subject teaching credentials based
upon out-of-state teacher preparation determined by the commission to be
comparable and equivalent to the preparation required in California.  Reviews
shall take place in all of the following areas of teacher preparation for the
purpose of meeting the credential requirements pursuant to Section
44275.3:

(a) Subject matter programs or subject matter examinations pursuant
to paragraph (5) of subdivision (b) of Section 44259.

(b) Reading instruction pursuant to paragraph (4) of subdivision (b)
of Section 44259.

(c) Credential emphasis programs, including, but not limited to,
emphasis programs to prepare teachers to work with English language
learners.

(Added by Stats. 2000, Ch. 703, Sec. 6.)


 44274.2


Credential Types
(a) Notwithstanding any provision of this chapter, the commission
shall issue a five-year preliminary multiple subject teaching credential
authorizing instruction in a self-contained classroom, a five-year preliminary
single subject teaching credential authorizing instruction in
departmentalized classes, or a five-year preliminary education specialist
credential authorizing instruction of special education pupils to any
experienced out-of-state prepared teacher who meets all of the following
requirements (1) Possesses a baccalaureate degree from a regionally accredited
institution of higher education.

(2) Completed a teacher preparation program at a regionally
accredited institution of higher education.

(3) In the case of an applicant for a five-year preliminary single
subject teaching credential, completed an academic major in the subject area
of the credential sought as determined by the commission.

(4) Earned a valid corresponding elementary, secondary, or special
education teaching credential based upon the out-of-state teacher
preparation program.

(5) Verified a minimum of three years of full-time teaching
experience completed in another state in the subject of the credential sought.

(6) Submitted evidence of rigorous performance evaluations on which
the applicant received ratings of satisfactory or better.

(b) A teacher shall pass the state basic skills proficiency test
administered by the commission pursuant to Section 44252 within one year of the
issuance date of the credential in order to be eligible to continue teaching
pursuant to this section.

(c) The commission shall issue a professional clear multiple
subject, single subject, or education specialist teaching credential to any
applicant who provides verification of five or more years of teaching
experience to meet the requirement of subdivision (a), and who documents, in a
manner prescribed by the commission, that he or she fulfills each of the
following requirements (1) The commission has issued to the applicant a
preliminary five-year teaching credential pursuant to subdivision (a).

(2) The applicant has completed 150 clock hours of activities that
contribute to his or her competence, performance, and effectiveness in the
education profession, and that assist the applicant in meeting or exceeding
standards for professional preparation established by the commission.

(d) The commission shall issue a professional clear multiple
subject, single subject, or education specialist teaching credential to any
applicant who provides verification of three or four years of teaching
experience to meet the requirement of subdivision (a), and who documents in a
manner prescribed by the commission, that he or she fulfills each of the
following requirements (1) The commission has issued to the applicant a
preliminary five-year teaching credential pursuant to subdivision (a).

(2) The applicant has completed either of the following (A) A program
of beginning teacher support and assessment established pursuant to
Article 4.5 (commencing with Section 44279.1) of Chapter 2 of Part 24.

(B) An alternative program of beginning teacher induction that the
commission determines, in conjunction with the Superintendent of Public
Instruction, meets state standards for teacher induction.

(Amended by Stats. 2001, Ch. 342, Sec. 19.)

Reference:
Education Code 44279.1




Education Code
EC 44274.4

Credential Types
(a) Notwithstanding Section 44227, Section 44259, or any other
provision of this chapter, the commission shall issue a three-year preliminary
multiple subject teaching credential authorizing instruction in a
self-contained classroom or a three-year preliminary single subject teaching
credential authorizing instruction in departmentalized classes to any
applicant who has not been awarded a credential pursuant to Section 44274 and who
fulfills all of the following requirements:

(1) A minimum of three years of full-time teaching experience in the
subject of the credential sought.

(2) A valid corresponding elementary or secondary teaching
credential from another state.

(3) A baccalaureate degree from a regionally accredited institution
of higher education.

(4) Completion of teacher preparation at a regionally accredited
institution of higher education.

(5) Submission of evidence of rigorous performance evaluations for
which the applicant received ratings of satisfactory or better.

(6) In the case of an applicant for a three-year preliminary single
subject teaching credential, completion of an academic major in the subject
area of the credential sought as determined by the commission.

(7) Passage of the state basic skills proficiency test administered
pursuant to Section 44252.  The commission may issue a one-year nonrenewable
multiple or single subject teaching credential pursuant to paragraph (3) of
subdivision (b) of Section 44252 prior to issuance of this preliminary credential
to an applicant who has not passed the state basic skills proficiency
test.

(b) The commission shall issue a professional clear multiple or
single subject teaching credential to any applicant who documents, in a
manner prescribed by the commission, that he or she fulfills each of the
following requirements:

(1) The commission has issued to the applicant a preliminary
three-year teaching credential pursuant to subdivision (a).

(2) The applicant has completed either of the following:

(A) A program of beginning teacher support and assessment
established pursuant to Article 4.5 (commencing with Section 44279.1) of Chapter
2 of Part 25.

(B) An alternative program of beginning teacher induction that the
commission determines, in collaboration with the Superintendent of Public
Instruction, meets state standards for teacher induction.

(Added by Stats. 1998, Ch. 547, Sec. 3.)

Reference:
Education Code 44227
Education Code 44252
Education Code 44259
Education Code 44274
Education Code 44279.1




Education Code
EC 44274.5

Credential Types
Notwithstanding Section 44227, Section 44259, or any other
provision of this chapter, an applicant who holds a valid teaching credential
from a state other than California, and who has met, at a minimum, every
requirement for a California professional multiple or single subject credential
except the requirement of completion of a fifth year of study, may request the
commission to determine whether the applicant has completed at least equivalent
coursework.  If the commission determines that the applicant has completed at
least equivalent coursework, the commission shall issue the applicant an
appropriate credential, if the applicant has submitted a fingerprint card and has
met the requirements of California for teacher fitness by obtaining a
certificate of clearance or eligibility, a credential, or a permit from the
commission.

(Added by Stats. 1998, Ch. 547, Sec. 4.)

Reference:
Education Code 44227
Education Code 44259




 44275.3


Credentialed out-of-State teacher recruitment
Notwithstanding any other provision of law (a) It is the intent of the
Legislature that both of the following occur (1) That this section provide
flexibility to enable school districts to recruit credentialed out-of-state
elementary, secondary, and special education teachers to relocate to
California.

(2) That any and all teachers hired in California pursuant to this
section fully meet the requirements of the State of California, or
requirements deemed to be equivalent.

(b) Notwithstanding any other provision of this chapter, the
commission shall issue a five-year preliminary multiple subject or single
subject teaching credential or a five-year preliminary education
specialist credential to any out-of-state prepared teacher who meets all of the
following requirements (1) Possesses a baccalaureate degree from a regionally
accredited institution of higher education.

(2) Completed a teacher preparation program at a regionally
accredited institution of higher education.

(3) Successfully completes any criminal background check conducted
pursuant to Sections 44339, 44340, and 44341 for credentialing purposes.

(4) Earned or qualified for a corresponding elementary, secondary,
or special education teaching credential based upon the out-of-state
teacher preparation program.  The commission shall determine the area of
concentration of the California education specialist credential based on the
special education program completed out of state.

(c) An out-of-state prepared teacher who has been issued a California
five-year preliminary multiple subject, single subject, or education
specialist teaching credential shall pass the state basic skills proficiency
test, administered by the commission pursuant to Section 44252, within one
year of the issuance date of the credential in order to be eligible to
continue teaching pursuant to this section.

(d) The commission shall issue a professional clear credential to an
out-of-state prepared teacher who has met the requirements in subdivision (b) and
who meets the following requirements (1) Passage of the state basic
skills proficiency test administered by the commission pursuant to Section
44252.

(2) Demonstration of subject matter competence by completion of
coursework or an examination approved by the commission pursuant to paragraph
(5) of subdivision (b) of Section 44259.  Completion of subject matter in
another state that has been determined by the commission to be comparable or
equivalent pursuant to paragraph (1) of subdivision (a) of Section 44274.1 shall
meet this requirement.

(3) Completion of a course, or for multiple subject and education
specialist credentials, a course or an examination, on the various methods of
teaching reading pursuant to paragraph (4) of subdivision (b) of Section
44259.  Completion of coursework in another state determined by the
commission to be comparable and equivalent pursuant to paragraph (2) of
subdivision (a) of Section 44274.1 shall meet this requirement.

(4) Completion of a course or examination on the provisions and
principles of the United States Constitution pursuant to paragraph (6) of
subdivision (b) of Section 44259.  Completion of coursework in another state
determined by the commission to be comparable and equivalent shall meet this
requirement.

(5) Completion of the study of health education pursuant to
subparagraph (A) of paragraph (3) of subdivision (c) of Section 44259.  Completion
of coursework in another state determined by the commission to be
comparable and equivalent shall meet this requirement.

(6) With the exception of the education specialist credential,
completion of study and field experience in methods of delivering appropriate
educational services to pupils with exceptional needs in regular education
programs.  Completion of coursework in another state determined by the
commission to be comparable and equivalent shall meet this requirement.

(7) Completion of the study of computer-based technology through
demonstration by course or examination of basic competence in the use of computers in
the classroom, and study of advanced computer-based technology,
including the uses of technology in educational settings pursuant to
subparagraph (C) of paragraph (3) of subdivision (c) of Section 44259.  Completion
of coursework in another state determined by the commission to be
comparable and equivalent shall meet this requirement.

(8) Completion of a fifth-year program at a regionally accredited
institution of higher education, except that the commission shall eliminate this
requirement for any candidate who has completed an induction program for
beginning teachers.

(9) A teacher holding a specialist credential pursuant to this
section shall complete the requirements for nonspecial education pedagogy
and a supervised field experience program in general education pursuant
to Section 44265.

(10) A teacher holding a specialist credential pursuant to this
section shall complete a program for the Professional Level II credential
accredited by the Committee on Accreditation, established pursuant to Section
44373, and the requirements specified in this subdivision.

(Amended by Stats. 2001, Ch. 342, Sec. 20.)

Reference:
Education Code 44252
Education Code 44259
Education Code 44265
Education Code 44274.1
Education Code 44339
Education Code 44340
Education Code 44341
Education Code 44373





 44275.4


Credentialed out-of-State teacher recruitment
Notwithstanding any other provision of law (a) It is the intent of the
Legislature that both of the following occur (1) That this section provide
flexibility to enable school districts to recruit credentialed elementary,
secondary, and special education teachers prepared in countries other than the
United States to relocate temporarily or permanently to this state.

(2) That any and all teachers prepared in countries other than the
United States who are granted a California teaching credential pursuant to
this section fully meet the requirements of this state.

(b) Coursework, programs, or degrees completed at an institution of
higher education outside of the United States are acceptable toward
certification when the Commission on Teacher Credentialing or an evaluating agency
approved by the commission has determined that the institution's coursework,
programs, or degrees are equivalent to those offered by a regionally accredited
institution in the United States.  The commission reserves the right to accept or
reject an approved evaluating agency's determination.  Notwithstanding
any other provision of this chapter, the commission shall issue a
five-year preliminary multiple subject teaching credential, a five-year
preliminary single subject teaching credential, or a five-year preliminary
education specialist credential to a teacher prepared in a country other than
the United States who meets all of the following requirements

(1) The teacher holds or is eligible for a credential from another
country that required a baccalaureate or higher degree determined to be
equivalent to those offered by a regionally accredited institution in the United
States and completion of a professional preparation program approved by the
appropriate agency in the country where the program was completed that requires
the teacher to meet requirements equivalent to the multiple or single
subject teaching credential requirements in Section 44259 or the special
education credential requirements described in Section 44265.  The commission
shall determine the area of concentration for the California education
specialist credential based on the special education program completed out of
country.

(2) The teacher successfully completes a criminal background check
conducted pursuant to Sections 44339, 44340, and 44341 for credentialing
purposes.

(c) A teacher prepared in a country other than the United States who has
been issued by the commission a five-year preliminary multiple subject,
single subject, or education specialist teaching credential shall pass the
state basic skills proficiency test, administered by the commission
pursuant to Section 44252, within one year of the issuance date of the
credential in order to be eligible to continue teaching pursuant to this
section.

(d) The commission shall issue a professional clear credential to a
teacher prepared in a country other than the United States who has met the
requirements in subdivisions (b) and (c) and who meets the following requirements
(1) Demonstration of subject matter competence by completion of
coursework or an examination approved by the commission pursuant to paragraph
(5) of subdivision (b) of Section 44259.

(2) Completion of a course, or for multiple subject and education
specialist credentials, a course or an examination, on the various methods of
teaching reading pursuant to paragraph (4) of subdivision (b) of Section
44259.  Completion of coursework in another state or country determined by
the commission to be comparable and equivalent shall meet this
requirement.

(3) Completion of a course or examination on the provisions and
principles of the United States Constitution pursuant to paragraph (6) of
subdivision (b) of Section 44259.  Completion of coursework in another state or
country determined by the commission to be comparable and equivalent shall
meet this requirement.

(4) Completion of the study of health education pursuant to
subparagraph (A) of paragraph (3) of subdivision (c) of Section 44259.  Completion
of coursework in another state or country determined by the commission
to be comparable and equivalent shall meet this requirement.

(5) With the exception of the education specialist credential,
completion of study and field experience in methods of delivering appropriate
educational services to pupils with exceptional needs in regular education
programs.  Completion of coursework in another state or country determined by
the commission to be comparable and equivalent shall meet this
requirement.

(6) Completion of the study of computer-based technology through
demonstration by course or examination of basic competence in the use of computers in
the classroom, and study of advanced computer-based technology
including the uses of technology in educational settings pursuant to paragraph
(3) of subdivision (c) of Section 44259.

Completion of coursework in another state or country determined by
the commission as comparable and equivalent shall meet this
requirement.

(7) Completion of a fifth-year program at an institution of higher
education determined by the commission to offer equivalent programs and
degrees to those offered in the United States, except that the commission
shall eliminate this requirement for any candidate who has completed an
induction program for beginning teachers.

(8) A teacher holding a specialist credential pursuant to this
section shall complete the requirements for nonspecial education pedagogy
and a supervised field experience program in general education pursuant
to Section 44265.

(9) A teacher holding a specialist credential pursuant to this
section shall complete a program for the Professional Level II credential
accredited by the Committee on Accreditation, established pursuant to Section
44373 and the requirements specified in this subdivision and subdivision
(e).

(Amended by Stats. 2001, Ch. 342, Sec. 21.)

Reference:
Education Code 44259
Education Code 44265
Education Code 44339
Education Code 44340
Education Code 44341
Education Code 44373




Education Code
EC 44275.5

Credentialed out-of-state teacher recruitment
(a) For purposes of Section 44275.3, a fee shall be levied and
collected by the commission for the issuance of the five-year preliminary
credential for out-of-state teachers. Commencing January 1, 1999, the fee for
the issuance of the five-year preliminary credential for out-of-state
teachers shall be up to two hundred dollars ($200), as determined by the
commission within its discretion, in addition to any other fees required by
statute, as appropriate.

(b) The proceeds of the fee levied and collected pursuant to
subdivision (a) shall be used to offset the costs of the out-of-state teacher
credential program established by, and to develop a tracking system to ensure
compliance with, Section 44275.3.

(c) Annually, as part of the budget review process, the commission
shall recommend to the Legislature a level for the fee to be levied and
collected pursuant to subdivision (a) so that the fee may generate sufficient
revenues to  meet the goals set forth in subdivision (b).  As part of the budget
review process connected with the legislative deliberations on the Budget
Act of 1999, the commission shall report to the Legislature on the level of
revenue that has been generated by the fee during the 1998-99 fiscal year.

(Amended by Stats. 1998, Ch. 152, Sec. 2.)

Reference:
Education Code 44275.3



Education Code
EC 44276

Legislative finding and declaration
(a) The Legislature hereby finds and declares that California's
public school pupils need quality instruction and support in the areas of
computer education in order to develop the skills necessary for entry into an
increasingly technological society. The Legislature recognizes that computers
and other technologies are an integral part of contemporary society and
the state educational system.

It is the intent of the Legislature in enacting this section to provide
a statewide standard for the preparation of educational personnel in
the areas of computer education.

(b) For purposes of this section, "computer education" means the
process of teaching pupils about computers.

(c) The Commission on Teacher Credentialing, in consultation with
the Superintendent of Public Instruction, may develop and disseminate
voluntary standards for the training and performance of teachers and resource
personnel in the area of computer education.

(Amended by Stats. 1994, Ch. 922, Sec. 81.)




Education Code
EC 44276.1

Legislative finding and declaration
(a) The Legislature finds and declares the following:

(1) The education mission of schools may be thwarted when school
campuses are not safe, secure, and peaceful.

(2) Effective school management can improve school safety and
decrease violence and criminal behavior.

(3) In many school districts and neighborhoods, violence and
criminal behavior are increasingly frequent.

(4) Teachers and other educators who are well prepared in principles
of school safety may be able to mitigate to some degree the detrimental
behavior of pupils and others on school campuses.

Therefore, it is the intent of the Legislature that the Commission on
Teacher Credentialing adopt standards that address the principles of school
safety in the preparation of future classroom teachers, school
administrators, school counselors, and other pupil personnel service providers as a
condition for licensing these prospective practitioners.

(b) Standards adopted by the commission pursuant to paragraph (3) of
subdivision (b) of Section 44259, and pursuant to Sections 44266, 44270, 44277,
and 44372, shall include the effective preparation of prospective
classroom teachers, school administrators, school counselors, and other
pupil personnel service providers in principles of school safety. In
developing these standards, the commission shall consider, but is not limited to
considering, the following principles of school safety:

(1) School management skills that emphasize crisis intervention and
conflict resolution.

(2) Developing and maintaining a positive and safe school climate,
including methods to prevent the possession of weapons on school campuses.

(3) Developing school safety plans.

(4) Developing ways to identify and defuse situations that may lead to
conflict or violence.

(c) In developing standards relating to school safety, the
commission shall consider the findings and recommendations of an advisory panel
of experts on school violence.

(d) The commission shall allow an institution of postsecondary
education to meet the standards developed by the commission relating to school
safety by incorporating the principles of school safety in the program
required by paragraph (3) of subdivision (b) of Section 44259.

(e) Implementation of subdivision (b) of this section as it applies to
paragraph (3) of subdivision (b) of Section 44259 shall occur in conjunction
with the review of requirements for earning and                                              renewing multiple and
single subject teaching credentials, as required by Section 44259.2.

(f) Effective January 1, 1996, instruction in principles of school
safety shall be required of all candidates for credentials specified in
Sections 44259, 44266, and 44270.

(g) A credential that was issued prior to January 1, 1994, shall remain
in force as long as it is valid under the laws and regulations that were in
effect on the date it was issued. The commission may not, by regulation,
invalidate an otherwise valid credential unless it issues to the holder of the
credential, in substitution, a new credential authorized by another provision in
this chapter that is no less restrictive than the credential for which it
was substituted with respect to the kind of service authorized and the
grades, classes, or types of schools in which it authorizes service.

(h) Notwithstanding this section, persons who were performing
teaching, administrative, counseling, or other pupil personnel services as of
January 1, 1994, pursuant to the language of this chapter that was in effect
prior to that date, may continue to perform those services without
complying with any requirements added by the amendments adding this section.

(i) The commission shall grant credentials based on the requirements
for those credentials as of December 31, 1993, to candidates who, prior to
the effective date of the commission's adoption of standards pursuant to
this section, were in the process of meeting those credential
requirements.

(Amended by Stats. 1994, Ch. 922, Sec. 82.)

Reference:
Education Code 44259
Education Code 44259.2
Education Code 44270
Education Code 44277
Education Code 44372





Education Code
EC 44276.6

Legislative intent
It is the intent of the Legislature that the Commission on Teacher
Credentialing not duplicate the efforts of the State Department of Education,
Office of Criminal Justice Planning, Department of the Youth Authority, and
the School/Law Enforcement Partnership in undertaking leadership
activities directed toward establishing appropriate standards of preparation
for teachers and other certificated personnel concerning violent
behavior by pupils. The commission shall consult with these agencies and
consider policies, programs, guidelines, other resource and training
materials, and experts, which these agencies have identified, funded, or
developed to reduce violent behavior by pupils.

(Amended by Stats. 1994, Ch. 922, Sec. 84.)





 44277


Professional Growth
The Legislature recognizes that effective professional growth must
continue to occur throughout the careers of all teachers, in order that
teachers remain informed of changes in pedagogy, subject matter, and pupil
needs.  In enacting this section, it is the intent of the Legislature to
establish professional growth requirements that give individual teachers a
wide range of options to pursue as well as significant roles in determining
the course of their professional growth.

(a) The minimum requirements for maintaining the validity of the
clear multiple or single subject teaching credential pursuant to Section
44251 shall be both of the following:

(1) Successful service as a classroom teacher or successful service
authorized by a services credential.  The minimum length of service shall be
equivalent to one-half of a school year.

(2) Completion of an individual program of professional growth as
prescribed in this section and by the commission.

(b) An individual program of professional growth shall consist of a
minimum of 150 clock hours of participation in activities that are aligned
with the California Standards for the Teaching Profession that
contribute to competence, performance, or effectiveness in the profession of
education and the teacher's classroom assignments. Acceptable activities
shall be defined by the commission to include, among other acceptable
activities, the completion of courses offered by regionally accredited colleges
and universities, including instructor-led interactive courses
delivered through online technologies; participation in professional
conferences, workshops, teacher center programs, staff development programs, or
a California Reading Professional Development Program operated
pursuant to Article 2 (commencing with Section 99220) of Chapter 5 of Part 65;
service as a mentor teacher pursuant to Section 44496; participation in
school curriculum development projects; participation in systematic
programs of observation and analysis of teaching; service in a leadership role
in a professional organization; and participation in educational
research or innovation efforts.  Employing agencies and employees'
bargaining agents may negotiate to agree on the terms of programs of professional
growth within their jurisdictions, provided that the agreements shall be
consistent with this section.

(c) An individual program of professional growth shall be developed
and planned by the holder of a clear teaching credential.

(d) Effective January 1, 1991, an individual program of professional
growth may include a basic course in cardiopulmonary resuscitation, which
includes training in the subdiaphragmatic abdominal thrust (also known as the
"Heimlich maneuver") and meets or exceeds the standards established by the
American Heart Association or the American Red Cross for courses in that
subject or minimum standards for training programs established by the
Emergency Medical Services Authority.  Effective January 1, 2001, an
individual program of professional growth may also include a course in first aid
that meets or exceeds the standards established by the American Red Cross
for courses in that subject or minimum standards for training programs
established by the Emergency Medical Services Authority. A teacher's
participation in these training options shall count towards the minimum 150 clock
hours required to satisfy the professional growth requirements.

(e) Before a holder of a clear teaching credential commences or amends
an individual program of professional growth, a school principal, a
mentor teacher provided for in Section 44496, or other district designee
shall certify to the credential holder that the planned program or
amendment complies with this section and with regulations of the commission.

(f) A clear teaching credential shall be deemed to remain valid so long
as the holder of the credential, at five-year intervals, submits to the
commission verification by a school principal, a mentor teacher, or other
district designee that the holder has satisfied the minimum requirements
specified in subdivision (a).  In the absence of adequate verification, the
commission shall invalidate the credential.  Verification by a school
principal, a mentor teacher, or other district designee shall be independent of
any evaluation of the performance of the holder of the clear teaching
credential that is conducted for the purpose of determining the credential
holder's employment status.  The arbitrary refusal of a school principal, a
mentor teacher, or other district designee to verify completion of an
individual program of professional growth meeting the requirements of this
section and commission regulations shall constitute grounds for an appeal as
prescribed in Section 44278.

(Amended by Stats 2000, Ch. 283, Sec. 1)

Reference:
Education Code 44251
Education Code 44278
Education Code 44496
Education Code 99220

Education Code
EC 44278

Appeal of adverse action
A holder of a clear teaching credential may appeal an adverse action by
a school principal, a mentor teacher, or other district designee
related to professional growth. The appeal shall be presented to the
commission, which shall rule in favor of the appeal if it finds any of the following
claims by the appellant to be true:

(a) That a school principal, a mentor teacher, or other district
designee has refused to agree to a planned individual program of professional
growth that satisfies the requirements of Section 44277, or to a proposed
modification in such a program. Such a finding by the commission shall be grounds for
the designated agency to agree to the planned program, or to the proposed
modification program.

(b) That a school principal, a mentor teacher, or other district
designee has refused to verify completion of an agreed program of professional
growth that satisfies the requirements of Section 44277. Such a finding by
the commission shall be grounds for the commission to maintain the
validity of the clear teaching credential.

(c) That bias, fraud, unfair discrimination, or arbitrary action by a
school principal, a mentor teacher, or other district designee prevented
the appellant from fulfilling the terms of an agreed program of
professional growth. Such a finding by the commission shall cause the commission to
grant the appellant additional time, not to exceed five years, for the
appellant to fulfill the terms of the agreed program, subject to verification by
the commission.

(Added by Stats. 1983, Ch. 498, Sec. 25.3.)

Reference:
Education Code 44277




Education Code
EC 44279

Invalidated clear teaching credential
The commission shall not issue to the holder of an invalidated clear
teaching credential another teaching credential of the same type, as defined
in Section 44256.

(a) The holder of an invalidated clear teaching credential who has not
satisfied the requirements of paragraph (1) of subdivision (a) of Section
44277, or who has not satisfied the requirements of paragraphs (1) and (2) of
subdivision (a) of Section 44277, shall be eligible for a one-time two-year
reinstatement of the clear teaching credential.

(b) The holder of an invalidated clear teaching credential who has met
the requirements of paragraph (1) of subdivision (a) of Section 44277
shall be deemed eligible for the reinstatement of the credential when he or
she has satisfied the requirements of paragraph (2) of subdivision (a) of
Section 44277 and all current standards for the issuance of the clear teaching
credential in effect at the time of the submission of the application for
reinstatement.

(Added by Stats. 1983, Ch. 498, Sec. 25.4.)

Reference:
Education Code 44256
Education Code 44277




Education Code
EC 44279.1

Article 4.5.  Marian Bergeson Beginning Teacher Support and
Assessment System
 (a) The Legislature finds and declares that the beginning years of a
teacher's career are a critical time in which it is necessary that intensive
professional development and assessment occur.  The Legislature recognizes that
the public invests heavily in the preparation of prospective teachers,
and that more than half of all new teachers leave some California school
districts after one or two years in the classroom.  Intensive professional
development and assessment are necessary to build on the preparation that
precedes initial certification, to transform academic preparation into
practical success in the classroom, to retain greater numbers of capable
beginning teachers, and to remove novices who show little promise as teachers.
It is the intent of the Legislature that the commission and the
superintendent develop and implement policies to govern the support and assessment
of beginning teachers, as a condition for the professional
certification of those teachers in the future.

(b) There is hereby established the California Beginning Teacher
Support and Assessment System, to be administered jointly by the commission
and the superintendent.  In administering the system, the commission and
the superintendent shall approve the most cost-effective programs of
support and assessment.  The commission and the superintendent shall also
ensure that programs meet the Standards of Quality and Effectiveness for
Beginning Teacher Support and Assessment adopted by the commission in 1997 and
that local programs support beginning teachers in meeting the
competencies described in the California Standards for the Teaching Profession
adopted by the commission in January 1997.  The system shall do all of the
following:

(1) Provide an effective transition into the teaching career for
first-year and second-year teachers in California.

(2) Improve the educational performance of pupils through improved
training, information, and assistance for new teachers.

(3) Enable beginning teachers to be effective in teaching pupils who
are culturally, linguistically, and academically diverse.

(4) Ensure the professional success and retention of new teachers.

(5) Ensure that a support provider provides intensive
individualized support and assistance to each participating beginning teacher.

(6) Improve the rigor and consistency of individual teacher
performance assessments and the usefulness of assessment results to teachers and
decisionmakers.

(7) Establish an effective, coherent system of performance
assessments that are based on the California Standards for the Teaching
Profession adopted by the commission in January 1997.

(8) Examine alternative ways in which the general public and the
educational profession may be assured that new teachers who remain in teaching
have attained acceptable levels of professional competence.

(9) Ensure that an individual induction plan is in place for each
participating beginning teacher and is based on an ongoing assessment of the
development of the beginning teacher.

(10) Ensure continuous program improvement through ongoing
research, development, and evaluation.

(c) Participation in the system shall be voluntary for teachers,
school districts, and county offices of education and participation by
certificated employees shall not be made a condition of employment.  The commission
and the superintendent shall adopt and implement criteria and standards
for participation in the system, including criteria regarding the
eligibility of teachers and standards of local program quality and intensity for
schools, school districts, county offices of education, colleges,
universities, and other educational and professional organizations.  The criteria
and standards shall be consistent with the purposes of the system.

(d) For the purpose of this article, unless the context otherwise
requires, "beginning teacher," means a teacher with a valid California
credential, as defined in Section 44259, or an intern participating in the program
established pursuant to Article 11 (commencing with Section 44380) of Chapter
2.5, who is serving in the first year or second year of service.

(e) For a beginning teacher who holds a professional clear teaching
credential that is subject to the requirements of subdivisions (b) and (c) of
Section 44277, participation in the program may, at the teacher's
discretion, serve as part or all of the individual program of professional
growth.

(f) The superintendent and the commission shall disseminate the
California Standards for the Teaching Profession adopted by the commission in
January 1997 to colleges, universities, school districts, county offices of
education, and professional associations, who shall be encouraged to use the
standards in efforts to improve teacher preparation and support programs.
Performance assessments developed under this article shall be designed to
provide useful, helpful feedback to beginning teachers and their support
providers.  That information shall not be used for employment-related
evaluations, as a condition of employment, or as a basis for terminating
employment.

(g) It is the intent of the Legislature that the commission and the
superintendent establish a statewide teacher induction program that supports
locally designed, high quality induction programs that provide
individualized support and formative assessment for all participating beginning
teachers as defined in subdivision (d).  At the discretion of the local
beginning teacher support and assessment system teacher induction program,
funds allocated to a program on the basis of eligible beginning teachers may
be used to provide support, assistance, and preparation services to
other credential candidates who are in their first or second year of
employment as a classroom teacher.

(h) This article shall be known, and may be cited, as the Marian
Bergeson Beginning Teacher Support and Assessment System.

Reference:
Education Code 44259
Education Code 44277
Education Code 44380

(Amended by Stats. 1998, Ch. 548, Sec. 8.)



Education Code
EC 44279.2

Beginning Teacher Support and Assessment System
(a) The superintendent and the commission shall jointly administer
the Beginning Teacher Support and Assessment System pursuant to this
chapter.  In administering this section, the superintendent and the
commission shall provide for or contract for all of the following:

(1) Establishment of requirements for reviewing and approving
teacher induction programs.

(2) Development and administration of a system for ensuring teacher
induction program quality and effectiveness.  For the purposes of this section,
"program effectiveness" means producing excellent program outcomes in
relation to the purposes defined in subdivision (b) of Section 44279.1.  For the
purposes of this section, "program quality" means excellence with respect to
program factors, including, but not limited to, all of the following:

(A) Program goals.

(B) Design resources.

(C) Management, evaluation, and improvement of the program.

(D) School context and working conditions.

(E) Support and assessment services to each beginning teacher.

(3) Developing purposes and functions for reviewing and approving
supplemental grants and standards for program clusters and program consultants,
as defined pursuant to Section 44297.7.

(4) Improving and refining the formative assessment system.

(5) Improving and refining professional development materials and
strategies for all personnel involved in implementing induction programs.

(6) Conducting and tracking research related to beginning teacher
induction.

(7) Periodically evaluating the validity of the California
Standards for the Teaching Profession adopted by the commission in January 1997
and the Standards of Quality and Effectiveness for Beginning Teacher
Support and Assessment Program adopted by the commission in 1997 and making
changes to those documents, as necessary.

(b) As part of the Beginning Teacher Support and Assessment System,
the commission and the superintendent shall establish requirements for
local teacher induction programs.

(c) A school district or consortium of school districts may apply to
the superintendent for funding to establish a local teacher induction
program pursuant to this section.  From amounts appropriated for the purposes
of this section, the superintendent shall allocate three thousand
dollars ($3,000) for each beginning teacher participating in the program.
Commencing with the 1998-99 fiscal year and each fiscal year thereafter that
amount shall be adjusted by the inflation factor set forth in Section
42238.1.  To be eligible to receive funding, a school district or consortium of
school districts shall, at a minimum, meet all of the following
requirements:

(1) Develop, implement, and evaluate teacher induction programs
that meet the Quality and Effectiveness for Beginning Teacher Induction
Program Standards adopted by the commission in 1997.

(2) Support beginning teachers in meeting the competencies
described in the California Standards for the Teaching Profession, adopted by
the commission in January 1997.

(3) Meet criteria for the cost-effective delivery of program
services pursuant to subdivision (a) of Section 44279.

(4) From amounts received for the Mentor Teacher Program pursuant to
Article 4 (commencing with Section 44490) of Chapter 2, or from other local,
state, or resources available for the purposes of teacher induction
programs, contribute not less than two thousand dollars ($2,000) for the costs
of each beginning teacher served in the induction program.

(Amended by Stats. 2001, Ch. 745, Sec. 18.)



Education Code
EC 44279.3

Legislative intent
(a) It is the intent of the Legislature that the executive secretary of
the commission and the Superintendent of Public Instruction; shall
recommend to the commission standards of beginning teachers' support and
performance, and an assessment process for verifying attainment of the
performance standards, which shall be based on the results of the evaluation study
required by Section 44279.2, as that section read on December 31, 1992.

(b) It is the intent of the Legislature that the commission shall adopt
and promulgate standards and requirements for earning the professional
teaching credential pursuant to paragraph (2) of subdivision (a) of Section
44225 in accordance with Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code. The proposed regulations shall be
developed jointly with the Superintendent of Public Instruction, and shall be
drafted in consultation with the panel established pursuant to subdivision
(b) of Section 44259.2.

It is the intent of the Legislature that the requirements of paragraph
(2) of subdivision (a) of Section 44225 be operative within six months of
the commission's adoption of standards and requirements for earning the
professional credential. First priority shall be given to cost-effective
requirements that maximize the use of existing state and local resources. The
commission shall consider the use of credential fees and assessment fees to
support the cost of implementing the requirements. In adopting professional
teacher certification requirements pursuant to this subdivision, the
commission shall include the criteria specified in subdivision (d) of Section
44225, and, in addition, shall include the following:

(1) A rigorous program of candidate-centered assessment that relies
upon individually evaluating the fitness of each individual candidate
for a credential.

(2) Rigorous assessments of each teaching candidate's general
knowledge and subject matter knowledge, that are designed to verify reading
skills, writing ability, mathematical reasoning, and other elements of a
liberal arts education.

(3) Assessments of each teaching candidate's instructional skills
and classroom management skills, including an assessment of each
teaching candidate's ability to work effectively with students of both sexes
and from a variety of ethnic, socioeconomic, cultural, academic, and
linguistic backgrounds.

(4) Alternatives for professionally supervising, supporting, and
assisting beginning teachers for at least the critical first full teaching
year.

(5) Deregulation of the academic training of teachers by shifting the
emphasis from granting credentials on the basis of program approval to
granting credentials on the basis of comprehensive assessments of individual
candidates.

(c) If the professional teacher certification requirements adopted
by the commission include passage of a standardized examination, the
commission shall establish a procedure for approval by the commission of
alternative examinations or assessments whose scope, contents, and level of
difficulty are determined by the commission to be equivalent to the scope,
contents, and level of difficulty of the standardized examination. In making
these determinations, the commission may refer to and utilize, to the
extent consistent with this section, accepted national and professional
standards governing the use of tests and assessments, and governing the
determination of equivalence between alternative tests and assessments. The
commission shall recover the costs of administering any standard examination
that the commission adopts by collecting examination fees from
examinees. An agency or organization that recommends an alternative
examination that is approved by the commission shall pay the costs of developing
and administering the alternative examination from any available
source of funds, including examination fees, existing budget allocations,
and amended budget allocations.

(d) It is the intent of the Legislature that no detailed prescriptive
checklists of competencies be adopted at the state level for the assessment of
each beginning teacher's classroom performance.

(e) Until the operative date of the regulations that are adopted and
promulgated in accordance with subdivision (b), the commission shall continue to
administer teacher certification requirements and regulations that were in
effect on December 31, 1988. The commission may amend those requirements and
regulations, as the need arises.

(Amended by Stats. 1992, Ch. 1245, Sec. 10.)

Reference:
Education Code 44225
Education Code 44279.2
Government Code 11340




Education Code
EC 44279.4

Legislative intent
(a) It is the intent of the Legislature that one full year, or the
equivalent thereof, of paid, classroom teaching experience and beginning
teacher support and assessment shall be a prerequisite to obtaining a
professional credential to teach in the California public schools.

Any credential candidate who is eligible for a preliminary
credential shall be eligible for a classroom teaching position with beginning
teacher support and assessment. The requirements of this article may be
waived by the commission for individuals who are pursuing alternative entry
programs established pursuant to subdivision (g) of Section 44225.

(b) It is the intent of the Legislature that support and assessment of
beginning teachers shall be governed by standards adopted by the commission in
consultation with the Superintendent of Public Instruction and the State Board of
Education.

(c) A beginning teacher who has been issued a preliminary teaching
credential and a preliminary specialty credential pursuant to paragraph (3) of
subdivision (b) of Section 44225 shall be eligible for one year of beginning
teacher support and assessment that combines classroom teaching and
specialty instruction.

(Added by Stats. 1988, Ch. 1355, Sec. 16.)

Reference:
Education Code 44225




Education Code
EC 44279.5

Legislative intent
It is the intent of the Legislature that a beginning teacher who has
been issued a preliminary credential shall receive support and
assistance from an experienced educator in a manner consistent with the
recommendations of the evaluation study conducted pursuant to Section 44279.2, as
that section read on December 31, 1992.

(Amended by Stats. 1992, Ch. 1245, Sec. 11.)

Reference:
Education Code 44279.2




Education Code
EC 44279.6

Legislative intent
It is the intent of the Legislature that the commission shall
establish procedures to assess the teaching performance of beginning teachers
on a regular basis by onsite visits of assessment teams or through the use
of uniform exercises in a controlled setting, or both, as determined
appropriate by the commission based upon the recommendations of the evaluation
study conducted pursuant to Section 44279.2 as that section read on
December 31, 1992. The commission shall ensure that members of the assessment
teams have been appropriately trained and demonstrate an understanding of
the cultures of the major ethnic populations of this state, teaching
strategies for the acquisition of English language skills by
non-English-speaking pupils, and teaching strategies for dealing with at-risk pupils.

(Amended by Stats. 1992, Ch. 1245, Sec. 12.)

Reference:
Education Code 44279.2




Education Code
EC 44279.7

Beginning Teacher Support and Assessment System
(a) The superintendent and the commission shall award supplemental
grants on a competitive basis to Beginning Teacher Support and Assessment
System teacher induction programs established pursuant to Section 44279.2
that are identified as having expertise according to criteria
established by the superintendent and the commission. The supplemental grants
received pursuant to this section shall be expended to assist clusters of
teacher induction programs operated by school districts or consortiums of
school districts.

(b) The superintendent and the commission shall designate each
school district and consortium of school districts participating in the
Beginning Teacher Support and Assessment System established pursuant to
Section 44279.2 as belonging to a cluster according to the criteria
established pursuant to this subdivision. For the purposes of this section
"cluster" means a cluster of school districts or consortium of school districts
established pursuant this section. The superintendent and the commission shall
establish criteria for the formation of school districts or consortiums of
school district teacher induction program clusters based upon, but not
necessarily be limited to, all of the following:

(1) Geographic proximity.

(2) Program size.

(3) The number of beginning teachers served.

(4) The similarity of teacher characteristics and pupil populations
in each school district.

(c) School districts and consortiums of school districts awarded
supplemental grants pursuant to this section shall identify a teacher induction
program consultant to assist the school district or consortiums of school
districts forming a cluster. The superintendent and the commission shall
identify the purpose and functions of each consultant. Those purposes and
functions shall include, but not necessarily be limited to, all the following:

(1) Assisting in designing, implementing, refining, and evaluating
their teacher induction programs.

(2) Assisting in building the capacity to provide professional
development for all personnel involved in the implementation of teacher
induction programs, including, but not limited to, beginning teachers,
support providers, and administrators.

(3) Disseminating information on teacher induction programs to all
interested participants within the cluster and collaborating with other
consultants statewide and with state administrative agency staff to ensure
ongoing program improvement.

(d) The superintendent and the commission shall ensure that each
grant awarded pursuant to this section supports the salary and benefits and
other related costs based on the prorated amount of time dedicated to this
function for a consultant to assist each cluster.

(Amended by Stats. 1998, Ch. 485, Sec. 51.)



Education Code
EC 44280

Article 5. Examinations
The adequacy of subject matter preparation and the basis for
assignment of certified personnel shall be determined by the successful passage
of a subject matter examination as certified by the commission, except
as specifically waived as set forth in Article 6 (commencing with
Section 44310) of this chapter. For the purpose of determining the adequacy of
subject matter knowledge of languages for which there are no adequate
examinations, the commission may establish guidelines for accepting assessments
performed by organizations that are expert in the language and culture
assessed.

(Amended by Stats. 1994, Ch. 157, Sec. 2.)

Reference:
Education Code 44310




Education Code
EC 44281

Subject matter examinations
The commission shall select, administer, and interpret subject
matter examinations, which shall be a prerequisite for assignment to assure
minimum levels of subject matter knowledge by all certified personnel
regardless of the pattern and place of preparation.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44282

Subject matter examinations
(a) The commission shall adopt examinations and assessments to
verify the subject matter knowledge and competence of candidates for the
single subject teaching credentials described in Section 44257 and the
concentrations described in Section 44257.2.

(b) A general subject matter examination authorizing teaching
multiple subjects shall include an examination of the candidate's knowledge
of the following areas: language studies, literature, mathematics,
science, social studies, history, the arts, physical education, and human
development.

(Amended by Stats. 1993, Ch. 809, Sec. 9)

Reference:
Education Code 44257
Education Code 44257.2




Education Code
EC 44282.1

Certification in health service
(a) In carrying out its duties prescribed by subdivision (h) of
Section 44225, the commission shall not develop a new health science subject
matter examination, but shall instead employ an existing health science
subject matter examination for the purpose of certifying single subject
instruction in health science.

(b) It is the intent of the Legislature that no funds be appropriated
from the Teacher Credentials Fund, or any other fund, for the purpose of
development of a health science subject matter examination by the commission.

(Added by Stats. 1980, Ch. 604, Sec. 2.)

Reference:
Education Code 44225




Education Code
EC 44283

Reading instruction
(a) The Legislature hereby recognizes that teacher competence in
reading instruction is essential to the progress and achievement of pupils
learning to read in elementary and secondary schools. It is the intent of the
Legislature that the commission develop a reading instruction competence
assessment to measure the knowledge, skill, and ability of first-time
credential applicants who are not credentialed in any state who will be
responsible for reading instruction.

(b) The commission shall develop, adopt, and administer a reading
instruction competence assessment consisting of one or more instruments to
measure an individual's knowledge, skill, and ability relative to effective
reading instruction. The reading instruction competence assessment shall
measure the knowledge, skill, and ability of first-time credential
applicants who are not credentialed in any state that the commission determines
to be essential to reading instruction and shall be consistent with the
state's reading curriculum framework adopted after July 1, 1996, and the
Reading Program Advisory published by the State Department of Education in
1996. The commission shall perform the following duties with respect to the
reading instruction competence assessment:

(1) Develop, adopt, and administer the assessment.

(2) Initially and periodically analyze the validity and reliability
of the content of the assessment.

(3) Establish and implement appropriate passing scores on the
assessment.

(4) Analyze possible sources of bias on the assessment.

(5) Collect and analyze background information provided by
first-time credential applicants who are not credentialed in any state who
participate in the assessment.

(6) Report and interpret individual and aggregated assessment
results.

(7) Convene a task force to advise the commission on the design,
content, and administration of the assessment. Not less than one-third of the
members of the task force shall be classroom teachers with recent experience
in teaching reading in the early elementary grades.

(8) Prior to requiring successful passage of the assessment for the
preliminary multiple subject teaching credential, certify that all of the
teacher education programs approved by the commission pursuant to Section
44227 offer instruction in the knowledge, skills, and abilities required
by the assessment.

(c) Commencing on the earliest feasible date, as determined by the
commission, the requirements for issuance of the preliminary multiple subject
teaching credential, as set forth in subdivision (b) of Section 44259, shall
include successful passage of one of the following components of the reading
instruction competence assessment:

(1) A comprehensive examination of the knowledge and skill
pertaining to effective reading instruction of the credential applicant.

(2) An authentic assessment of teaching skills and classroom
abilities of the credential applicant pertaining to the provision of effective
reading instruction.

(d) The reading instruction competence assessment is subject to the
provisions of Sections 44235.1 and 44298.

(Added by Stats. 1996, Ch. 919, Sec. 1.)

Reference:
Education Code 44235.1
Education Code 44259
Education Code 44298




Education Code
EC 44283.2

Reading instruction competence assessment
(a) Commencing on January 1, 2000, prior to the initial issuance of a
specialist teaching credential in special education pursuant to Section 44265,
except as provided in subdivision (b) a first time credential applicant who
is not credentialed in any state shall be required to demonstrate that he
or she passed the reading instruction competence assessment developed
pursuant to Section 44283.

(b) This section shall not apply to an applicant for an Early Childhood
Special Education Certificate or Early Childhood Special Education
Credential, which authorizes the holder to provide educational services to
children from birth through prekindergarten who are eligible for early
intervention special education and related services.

(Amended by Stats. 1999, Ch. 623, Sec. 5.)





Education Code
EC 44284

Examinations authorizing specialist teaching
Examinations authorizing advanced or specialist teaching service
may be authorized by the commission. Such examinations shall conform to
the guidelines established by this chapter.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44288

Subject matter advisory panels
The commission shall create subject matter advisory panels to advise
in the selection, administration, and interpretation of
examinations. The subject matter advisory panels shall consist of recognized
leaders in the subject matter fields to be examined and shall be composed
primarily of full-time public school classroom teachers, and full-time
college or university classroom teachers.

Experts and authorities in the field of examination design,
interpretation, and analysis may be included in the subject matter panels or may be
separately employed by the commission.

Members of the examination panels shall serve without compensation,
but may be reimbursed for actual and necessary expenses.

The approved examinations shall provide for flexibility and variety
in patterns of subject matter preparation.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44290

Hearings before adopting exams
The commission, before the adoption of any examination, shall
provide an opportunity to the public and teaching profession to present their
viewpoints with respect thereto in open hearings.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44291

Exam to measure objective knowledge
The approved examinations shall be instruments whose purpose is to
measure achievement and shall be used solely to measure objective knowledge
of subject matter.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44292

Adoption of nationally
Insofar as is reasonable and practicable, the commission shall adopt
examinations which are nationally administered on a regular basis.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44293

Importance of timely processing
In selecting subject matter examinations, the commission shall
consider the importance of timely and expeditious processing and the
desirability and convenience of machine scoring.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44294

Commission may approve more than one exam
The commission may approve more than one examination with passing
scores appropriate to each examination for any of the categories to be
examined as required by this chapter.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44295

Criteria in selection adoption and interpretation of exams
In the selection, adoption and interpretation of examinations, the
commission shall analyze and account for any cultural, class, or social bias
which may arbitrarily and unfairly work to the disadvantage of any group of
examinees, and shall assess and report upon the extent to which, if any, the
passing score may adversely affect any group of prospective or actual
examinees due to social, cultural, or ethnic factors.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44296

Collection of data which may pertain to exam performance
The commission may collect various data, including the ethnic
background of examinees, age, sex, the college or university attended, degrees
held, teaching experience, and other factors which may pertain, in the
judgment of the commission, to examination performance.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44297

No limit on number of times exam may be taken
No limit may be placed on the number of times an examinee may take the
approved examinations.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44298

Fees
Fees charged for the examinations shall be sufficient to furnish the
full cost of the examination system, except as these funds may be augmented
from designated appropriations by the Legislature from the Teacher
Credentials Fund.

(Enacted by Stats. 1976, Ch. 1010.)

Education Code
EC 44300

Emergency Teaching permits
(a) Commencing January 1, 1990, the commission may issue or renew
emergency teaching or specialist permits in accordance with regulations
adopted by the commission corresponding to the credential types specified in
paragraphs (1), (2), and (3) of subdivision (b) of Section 44225, provided that
all of the following conditions are met:

(1) The applicant possesses a baccalaureate degree conferred by a
regionally accredited institution of higher education and has fulfilled the
subject matter requirements of Section 44301.

(2) The applicant passes the state basic skills proficiency test as
provided for in Section 44252.

(3) The commission approves the justification for the emergency
permit submitted by the school district in which the applicant is to be
employed.  The justification shall include all of the following:

(A) Annual documentation that the district has implemented in policy
and practices a process for conducting a diligent search that shall
include, but is not limited to, distributing job announcements, contacting
college and university placement centers, advertising in local newspapers,
exploring the incentives included in the Teaching As A Priority Block Grant
established pursuant to Section 44735, participating in the state and regional
recruitment centers established pursuant to Sections 44751 and 90530, and
participating in job fairs in this state, but has been unable to recruit a sufficient
number of certificated teachers, including teacher candidates pursuing
full certification through internship, district internship, or other
alternative routes established by the commission.

(B) A declaration of need for fully qualified educators based on the
documentation set forth in subparagraph (A) and made in the form of a motion adopted by
the governing board of the district or the county board of education at a
regularly scheduled meeting of the governing board or the county board of
education.  The motion may not be part of the consent agenda and shall be entered in
the minutes of the meeting.

(b) The commission may deny a request for an emergency permit that does
not meet the justification set forth in subparagraph (A) of paragraph (3)
of subdivision (a).

(c) It is the intent of the Legislature that all of the following
occur:

(1) The commission shall issue preintern certificates in place of
emergency teaching permits as sufficient resources are made available to
school districts to provide services pursuant to Article 5.6 (commencing
with Section 44305) to preinterns pursuing multiple subject or single
subject teaching credentials.

(2) If the examination of the Pre-Internship Teaching Program
required by this chapter demonstrates that the program should continue
because it has been successful in better preparing and retaining preintern
teachers than the emergency permit system, sufficient resources to fully fund
the Pre-Internship Teaching Program shall be appropriated by July 2002.
For purposes of this paragraph, two thousand dollars ($2,000) in state
funding per preintern shall be deemed to be sufficient resources.

(3) The commission shall continue to issue emergency teaching
permits to individuals employed by school districts defined in regulations
as remote from regionally accredited institutions of higher
education.

(d) Commencing January 1, 1990, the commission may issue and reissue
emergency permits corresponding to the credential types specified in
paragraph (4) of subdivision (b) of Section 44225.  The commission shall
establish appropriate standards for each type of emergency permit specified in
paragraph (4) of subdivision (b) of Section 44225.

(e) The exclusive representative of certificated employees, if any,
as provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, may submit a written statement to
the commission agreeing or disagreeing with the justification
submitted to the commission pursuant to paragraph (3) of subdivision (a).

(f) Commencing January 1, 1990, a person holding an emergency
teaching or specialist permit shall attend an orientation to the curriculum
and to techniques of instruction and classroom management, and shall
teach only with the assistance and guidance of a certificated employee of
the district who has completed at least three years of full-time teaching
experience, or the equivalent thereof.  It is the intent of the Legislature to
encourage districts to provide directed teaching experience to new emergency
permitholders with no prior teaching experience.

(g) The holder of an emergency permit shall participate in ongoing
training, coursework, or seminars designed to prepare the individual to become
a fully credentialed teacher or other educator in the subject area or
areas in which he or she is assigned to teach or serve.  The employing agency
shall verify that employees applying to renew their emergency permits are
meeting these ongoing training requirements.

(h) Emergency permits for pupil personnel services shall not be valid
for the purpose of determining pupil eligibility for placement in any
special education class or program.

(i) This section shall not apply to the issuance of an emergency
substitute teaching permit, or of an emergency permit to a teacher who has
consented to teach temporarily outside of his or her field of certification, for
which the commission shall establish minimum requirements.

(Amended by Stats. 2001, Ch. 585, Sec. 1.)

Reference:
Education Code 44225
Education Code 44252
Education Code 44305
Education Code 44751
Education Code 90530

Education Code
EC 44301

Legislative intent
It is the intent of the Legislature that the Commission on Teacher
Credentialing not duplicate the efforts of the State Department of Education,
Office of Criminal Justice Planning, Department of the Youth Authority, and
the School/Law Enforcement Partnership in undertaking leadership
activities directed toward establishing appropriate standards of preparation
for teachers and other certificated personnel concerning violent
behavior by pupils. The commission shall consult with these agencies and
consider policies, programs, guidelines, other resource and training
materials, and experts, which these agencies have identified, funded, or
developed to reduce violent behavior by pupils.

(Amended by Stats. 1994, Ch. 922, Sec. 84.)




Education Code
EC 44302

Teacher Credentialing
The Commission on Teacher Credentialing shall regularly notify
local education agencies of the various provisions in current law that
allow the assignment of personnel when a fully qualified teacher is not
available and a substitute has served for the maximum days permitted by law,
including emergency permits under Section 44300, long-term and short-term
waivers under subdivision (m) of Section 44225, pre-intern certificates
under Section 44305, and intern permits under Sections 44235, 44250, and
44464.  When fulfilling the notification requirements of this section, the
commission shall utilize a variety of approaches, including, but not limited to,
correspondence, annual workshops for credential analysts, a credential handbook, a
waiver handbook, the commission website, and special telephone, fax, and
e-mail lines for school districts and county offices of education.
Additionally, the commission shall provide local education agencies with
information about waiver requests including specific timelines, key steps, and
appeal rights.

(Added by Stats. 1999, Ch. 400, Sec. 1.)




 44303


Training Program for Emergency Teachers
(a) From funds appropriated for that purpose, the Commission on
Teacher Credentialing shall allocate funds to the Los Angeles Unified School
District for purposes of implementing a pilot program as set forth in this
section.

(b) From funds allocated to it for purposes of this section, the Los
Angeles Unified School District may develop a 30-day training program for the
teachers it hires on an emergency basis who will be assigned to schools that have
20 percent or more teachers on emergency permits.  The training shall be
delivered before a teacher hired on an emergency basis begins teaching.  A
teacher participating in this training shall spend half of the training
period observing experienced fully credentialed teachers in a classroom of
the same grade level as the teacher being trained.

(c) To be eligible to receive funds pursuant to this section, the Los
Angeles Unified School District shall demonstrate to the satisfaction of the
commission that there currently exists a shortage of fully and appropriately
credentialed teachers in the district and that the program developed by the
district will train the teachers it hires on an emergency basis to become
effective classroom teachers.

(d) For purposes of this section, "experienced fully credentialed
teacher" means a teacher who holds a clear credential for the subject matter and
grade level to which the teacher is assigned and has three years of teaching
experience.

(e) This section shall remain in effect only until January 1, 2007, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2007, deletes or extends that date.

(f) The Commission on Teacher Credentialing shall implement this
section only to the extent that funds are specifically appropriated for the
purposes of this section in the annual Budget Act or any other measure.

(Added by Stats. 2001, Ch. 576, Sec. 2.)

Education Code
EC 44305

Article 5.6.  California Pre-Internship Teaching Program
(a) As resources are available to school districts to provide
services to any preintern pursuant to this article, the commission may issue a
preintern teaching certificate instead of an emergency multiple subject
permit to an individual employed by a school district approved by the
commission who meets the minimum requirements set by the commission.  When
resources remain after funding preinterns pursuing multiple subject
emergency permits, the commission may issue a preintern teaching certificate
instead of an emergency single subject permit or an emergency education
specialist instruction permit to an individual employed by a school district
approved by the commission who meets the minimum requirements set by the
commission.  In implementing the Pre-Internship Teaching Program, the
commission shall consult with representatives of the State Department of
Education, classroom teachers, school administrators, other school
employees, parents, school board members, and institutions of higher
education.

(b) The preintern teaching certificate issued by the commission
shall be valid for one year, but may be renewed for one additional year if the
holder takes the appropriate subject matter examination required under
Section 44282 or is enrolled in a subject matter program approved by the
commission on the basis of standards of program quality and effectiveness
pursuant to Article 6 (commencing with Section 44310).  A preintern teacher who
passes the subject matter examination or completes a subject matter program
in the first or second year of his or her preintern teaching shall enroll
in a district or university teaching internship or other approved
university teaching credential program.  A preintern teaching certificate may
be renewed for a third year if the employing school district, the
cooperating college or university, and the preintern support the application for
renewal.

(c) The minimum requirements for the preintern teaching certificate
established by the commission shall include all of the following (1) A
baccalaureate or higher degree conferred by a regionally accredited institution of
higher education.

(2) Passage of the basic skills proficiency test as provided for in
Section 44252.

(3) The number of units, as set by the commission, for the multiple
subject or single subject preintern teaching certificate.

(4) The number of units in education or the number of years of
experience in special education, as set by the commission, for the education
specialist instruction preintern teaching certificate.

(d) The commission shall establish criteria for the approval of
preintern teaching programs.  The criteria shall include, but is not limited to,
all of the following (1) Demonstrated need, as indicated by the
percentage of teachers in the district that have not completed basic credential
requirements pursuant to state law.

(2) The quality of the preparation, support, and assistance to be
provided to teaching preinterns.

(3) Cost-effectiveness, including the number of preinterns to be
served.

(4) Collaboration between district administrators and experienced
teachers with permanent status in the development of the plan.

(5) District and college or university collaboration to ensure
availability of courses needed by preintern teachers.

(6) Preintern preparation content, including lesson planning,
classroom management and organization, and a schedule for delivering the
preparation, with a focus on beginning the preparation before or during the first
semester of the preinternship.

(7) The role of personnel, including experienced teachers with
permanent status, in the delivery of preintern preparation and support.

(8) That no later than the second year of employment the program for
each preintern shall reflect the California Standards for the Teaching
Profession jointly developed by the commission and the State Department of
Education.

(9) Approval of the district plan by the governing board of the school
district.

(e) In establishing criteria for review of preintern teaching
programs pursuant to subdivision (d), the commission shall make every effort
to recognize effective district programs for the support and
development of emergency permit teachers in operation before July 1, 1998, as
meeting the preintern teaching program criteria.

(f) A school district may apply to the commission for funding under
this article.  Based on the criteria in subdivision (d), developed
pursuant to the consultation process required by subdivision (a), the
commission shall determine which applicants are approved for funding.  If funds
are provided for this act from the federal Goals 2000: Educate America Act
(P.L.  103-227), the commission shall transmit a list of approved
applicants to the State Department of Education which shall award grants in a
timely manner exclusively to those school districts that the commission has
approved for funding, in the amounts listed, with no school district receiving
more than two thousand dollars ($2,000) per preintern employed by the
school district.

(Amended by Stats. 2001, Ch. 342, Sec. 23.)

Reference:
Education Code 44252
Education Code 44282
Education Code 44310




Education Code
EC 44306

California Pre-Internship Teaching Program
The commission shall submit an interim report to the Legislature and
the Legislative Analyst no later than October 1,2000, and a final report
no later than October 1, 2001, to include the following information
regarding the Pre-Internship Teaching Program:

(a) The number of participating school districts and pre-intern
teachers served.

(b) The impact of the program on decreasing the number of emergency
permits issued.

(c) The retention rates of pre-intern teachers, as compared to the
retention rates of emergency permit holders.

(d) The success rates of pre-intern teachers, by year of
participation in the program, in meeting requirements for subject matter knowledge
required by law.

(e) Assessments by pre-interns of the effectiveness of the
pre-intern preparation, support and assistance provided.

(f) A description of in-kind contributions to the pre-intern
teaching program provided by participating school districts.

(g) Recommendations regarding whether the Pre-Internship Teaching
Program should be continued, modified, or discontinued, including reasons
for those recommendations.

(Amended by Stats. 1998, Ch. 485, Sec. 52.)



Education Code
EC 44307

California Pre-Internship Teaching Program
This article shall be known and may be cited as the Pre-Internship
Teaching Program.

(Added by Stats. 1997, Ch. 934, Sec. 3.)




Education Code
EC 44307.5

California Pre-Internship Teaching Program
The commission shall not require any school district to provide
pre-internship services to any individual holding an emergency substitute teaching
permit, any teacher who has completed most of the requirements for a
preliminary teaching credential, or any teacher who holds a limited assignment
emergency permit as a result of consenting to teach temporarily outside of his or
her field of certification.

(Added by Stats. 1997, Ch. 934, Sec. 3.)




Education Code
EC 44308

California Pre-Internship Teaching Program
(a) Funding for the purposes of administering the program
established pursuant to this article is contingent upon an appropriation in the
Budget Act or other act.

(b) It is the intent of the Legislature that federal funding provided
to the State Department of Education and the Commission on Teacher
Credentialing in Item 6110-001-0890 and Item 6360-001-0407 be adjusted to provide
direct funding for the Commission on Teacher Credentialing for the purposes
of the Pre-Internship Teaching Program and the California
Paraprofessional Teacher Training Program. The Department of Finance shall make those
adjustments using authority of Section 1.50 of the Budget Act of 1997.

(c) If funds are provided for this act from the federal Goals2000:
Educate America Act (P.L. 103-227) and if the provisions of this article do not
meet the requirements of that federal act, the State Department of
Education shall be held harmless for any fiscal penalty exacted by the federal
government for the expenditures made by local education agencies or for state
operations.

(Amended by Stats. 1998, Ch. 485, Sec. 53.)




 44309


Article 5.7. Telecommunications-Based Professional Development
Pilot Project for Teachers in Hard to Staff Schools
 (a) The Los Angeles County Office of Education may design and
implement a one-year telecommunications-based pilot project for the purpose
of offering an intensive professional growth program for teachers in
hard to staff schools.

(b) The pilot project shall demonstrate the efficacy of using an
interactive, online, telecommunications-based learning model that supports the
professional development component of the Beginning Teacher Support and
Assessment Program set forth in Article 4.5 (commencing with Section 44279.1)
and the California Pre-Internship Teaching Program set forth in Article
5.6 (commencing with Section 44305).

(c) The pilot project shall use the technologies of
telecommunications-based distance learning, satellites for showing promising practices and
overcoming time and space barriers, and videoconferencing for interactive
group work and materials sharing.

(d) First-year and second-year elementary school teachers who are
currently employed in a hard to staff school and eligible to participate in the
Beginning Teacher Support and Assessment Program set forth in Article 4.5
(commencing with Section 44279.1) or the California Pre-Internship Teaching
Program set forth in Article 5.6 (commencing with Section 44305) are eligible
to apply to participate in the pilot project, for which they shall
receive academic credit towards a preliminary teaching credential.

(e) The Los Angeles County Office of Education, in partnership with
the California State University system, shall develop the content of the
professional development offered by the pilot project, which shall be aligned with
the California Standards for the Teaching Profession and the academic
content standards for kindergarten and grades 1 to 12, inclusive.

(f) The Los Angeles County Office of Education shall contract for an
independent extensive evaluation of the pilot project to determine the extent to
which the project helped to retain participants in the teaching
profession, reduced costs of providing core content based professional
development to new teachers assigned to hard to staff schools, improved the
classroom management skills of new teachers, and improved pupil learning. The
Los Angeles County Office of Education shall submit a report of the
evaluation to the Legislature before continuing or expanding the program.

(g) For purposes of this article, a "hard to staff school" is a school in
which 20 percent or more of the teachers assigned to provide instructional
services at the school are serving under an internship credential, emergency
permit, or waiver granted by the Commission on Teacher Credentialing or have
served less than two years.

(h) This article shall remain in effect only until January 1, 2003, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2003, deletes or extends that date.

Reference:
Education Code 44279.1
Education Code 44305

(Added by Stats 2000, Ch. 986, Sec. 3)

Education Code
EC 44310

Article 6. Examination Waivers
The commission shall waive the subject matter examination
requirement for graduates of accredited public and private institutions of
higher education who successfully complete subject matter programs
specified by the commission.

Eligibility for an examination waiver can only be achieved when the
subject matter program is one which is listed by the commission under Section
44282, and the program has been successfully completed in an approved
institution of higher learning.

The commission may require that the approved examination be taken by
candidates, who are otherwise eligible for an examination waiver, for
informational purposes only.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44282




Education Code
EC 44311

Evaluation of subject matter programs
The commission shall evaluate any subject matter program offered by
an accredited institution in satisfaction of paragraph (5) of
subdivision (b) of Section 44259. The evaluation shall be based on standards of
program quality and effectiveness, which shall be consistent with the
assessments and examinations of subject matter knowledge and competence adopted
by the commission pursuant to subdivisions (a) and (b) of Section
44282.

(Amended by Stats. 1993, Ch. 809, Sec. 14)

Reference:
Education Code 44259
Education Code 44282




Education Code
EC 44312

Finding of program inadequacy
A finding by the commission of the inadequacy or inappropriateness of
such program as the basis for waiving the subject matter examination shall
cause persons completing such programs to be ineligible for the
examination waiver.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44313

Waiver of subject matter exams
The subject matter examination authorizing multiple subject
classroom instruction may be waived for holders of approved "diversified" or
"liberal arts" degrees, or programs or their equivalent, conferred by
accredited institutions of higher education approved by the commission.

Notwithstanding the designation of the degrees conferred, the
commission shall approve the programs presented by such institution and shall
not engage in the detailed analysis of the applicant's transcripts for
purposes of issuing the credential. The commission, however, may provide for
the selected analysis of transcripts to determine whether the programs
presented by such institutions conform with the requirements of the
commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44314

Diversified or liberal arts program
A "diversified" or "liberal arts" program is any program that has been
approved by the commission on the basis of standards adopted by the
commission.

(a) An approved program shall consist of a minimum of 84 semester
units, or equivalent quarter units, including, but not limited to, language
studies, literature, mathematics, science, social science, history,
humanities, the arts, physical education and human development.

(b) The commission shall establish standards for "diversified" or
"liberal arts" programs, or equivalent programs that waive the subject matter
examination for multiple subjects instruction.

(Amended by Stats. 1987, Ch. 832, Sec. 2.)




Education Code
EC 44320

Article 7 Professional Preparation
(a) Professional preparation, including student teaching, shall be
made available in the upper division course offerings at all California
public institutions of higher learning, except the California Maritime
Academy and the Hastings College of the Law. No more than nine semester units,
or the equivalent, of professional education courses may be designated
as prerequisites for purposes of admission to student teaching, except
that, to satisfy the English language requirement as set forth in paragraph
(3) of subdivision (b) of Section 44259, candidates may be required to
take 12 semester units, or the equivalent, as professional education
prerequisites to student teaching.

(b) The commission shall encourage postsecondary institutions that
offer programs of professional preparation to collaborate with school
districts, county offices of education, and professional organizations in the
design and delivery of local programs to function as part of the California
beginning teacher support and assessment program pursuant to Section 44279.2.
If local educational agencies and institutions of higher education'
voluntarily agree to implement the program, the following provisions shall apply
to each collaborative effort:

(1) Postsecondary institutions and local education agencies shall
coordinate and articulate the program of professional preparation and the
beginning teacher support and assessment program, so the two programs provide
continuity in the preparation, support, and assessment of beginning teachers.

(2) At the discretion of a postsecondary institution that
participates in a collaborative effort, the program of professional preparation
may be submitted to the commission for approval as a program of
preparation, support, and assessment that is at least two years long.

(3) In each program of preparation, support, and assessment, the
postsecondary institution shall make it possible for each candidate to complete all
requirements for a valid teaching credential in the equivalent of one year of
full-time study.

(4) A postsecondary institution that participates in a
collaborative effort may, at its discretion, determine that successful completion
of the support and assessment components of an articulated program of
professional preparation, support, and assessment fulfills some or all of the
requirements of subdivision (c) of Section 44259, and may accordingly recommend
applicants for the professional teaching credential. The standards and
criteria for making these determinations and recommendations shall be
included in the institution's proposal for a program.

(5) A local educational agency that collaborates, at its own
discretion, with a postsecondary education institution in the design and
delivery of an articulated program of professional preparation, support, and
assessment that meets the standards and criteria pursuant to subdivision (c) of
Section 44279.2, and that receives funds pursuant to the annual Budget Act,
may contract with the postsecondary institution to pay the
institution's costs of designing and delivering the support and assessment
components of the program.

(c) Local educational agencies that are approved by the commission to
provide programs of personalized preparation to candidates for designated
subjects teaching credentials are encouraged to participate in the design and
delivery of local programs under the California beginning teacher support and
assessment program pursuant to Article 4.5 (commencing with Section 44279.2),
in a manner consistent with subdivision (b).

(d) Prior to admission to either student teaching under any
professional preparation program approved by the commission, or participation in
a field experience program as described in Section 44324, a candidate
for a credential shall obtain a certificate of clearance from the
commission which shall be issued when the commission has verified the
candidate's personal identification and health status. The fee for the
certificate of clearance shall not exceed one-half of the regular fee for a
credential and shall be deducted from the fee for the initial credential applied
for by the certificate holder.

(Amended by Stats. 1992, Ch. 1245, Sec. 13.)

Reference:
Education Code 44259
Education Code 44279.2
Education Code 44324




Education Code
EC 44320.2

Professional preparation
(a) The Legislature finds and declares that the competence and
performance of teachers are among the most important factors in influencing the
quality and effectiveness of education in elementary and secondary
schools.

(b) For a program of professional preparation to satisfy the
requirements of paragraph (3) of subdivision (b) of Section 44259, the program
shall include a teaching performance assessment that is aligned with the
California Standards for the Teaching Profession and that is congruent with
state content and performance standards for pupils adopted pursuant to
subdivision (a) of Section 60605.  In implementing this requirement,
institutions or agencies may do the following:

(1) Voluntarily develop an assessment for approval by the
commission.  Approval of any locally developed performance assessment shall be
based on assessment quality standards adopted by the commission, which
shall encourage the use of alternative assessment methods including
portfolios of teaching artifacts and practices.

(2) Participate in an assessment training program for assessors and
implement the commission developed assessment.

(3) Request that the commission conduct the performance assessment
for its candidates.

(c) The performance assessment shall not be incorporated into
professional preparation programs without streamlining the existing teacher
credential requirements.  The commission shall implement the performance
assessment in a manner that does not increase the number of assessments required
for teacher credential candidates prepared in this state.  Each
candidate shall be assessed during the normal term or duration of the
candidate's preparation program as provided by law.

(d) Subject to the availability of funds in the annual Budget Act, the
commission shall perform the following duties with respect to the performance
assessment:

(1) Assemble and convene an expert panel to advise the commission
about performance standards and developmental scales for teaching
credential candidates and the design, content, administration, and scoring of
the assessment.  Not fewer than one-third of the panel members shall be
classroom teachers in California public schools.

(2) Design, develop, and implement assessment standards and an
institutional assessor training program for the sponsors of professional
preparation programs to use if they choose to use the commission developed
assessment.

(3) Design, develop, adopt, administer, and score the assessment for
candidates that request direct administration of the assessment by the
commission.

(4) Establish a review panel to examine each assessment developed by
an institution or agency in relation to the standards set by the
commission and advise the commission regarding approval of each assessment
system.

(5) Initially and periodically analyze the validity of assessment
content and the reliability of assessment scores that are established
pursuant to this section.

(6) Establish and implement appropriate standards for satisfactory
performance in assessments that are established pursuant to this section.  The
commission shall ensure that oral proficiency in English is a criterion for
scoring each candidate's performance in each assessment.

(7) Analyze possible sources of bias in the performance assessment
and act promptly to eliminate any bias that is discovered.

(8) Collect and analyze background information provided by
candidates who participate in the performance assessment, and report and
interpret the individual and aggregated results of the assessment.

(9) Examine and revise, as necessary, the institutional
accreditation system pursuant to Article 10 (commencing with Section 44370), for
the purpose of providing a strong assurance to teaching candidates that
ongoing opportunities are available in each credential preparation program
that is offered pursuant to Section 44320, Article 6 (commencing with
Section 44310), Article 7.5 (commencing with Section 44325), or Article 3
(commencing with Section 44450) of Chapter 3 for candidates to acquire the
knowledge, skills, and abilities measured by the assessment system.

(10) Ensure that the aggregated results of the assessment for groups
of candidates who have completed a credential program are used as one
source of information about the quality and effectiveness of that program.

(e) The commission shall ensure that each performance assessment
pursuant to subdivision (b) is aligned with the California Standards for the
Teaching Profession.  To the maximum feasible extent, each performance
assessment shall be ongoing and blended into the preparation program, and shall
produce the following benefits for credential candidates, sponsors of
preparation programs, and local education agencies that employ program
graduates:

(1) The performance assessment shall be designed to provide
formative assessment information during the preparation program for use by the
candidate, instructors, and supervisors for the purpose of improving the
candidate's teaching knowledge, skill, and ability.

(2) The performance assessment results shall be reported so that they
may serve as one basis for a recommendation by the program sponsor that the
commission award a teaching credential to a candidate who has successfully met
the performance assessment standards.

(3) The formative assessment information pursuant to paragraph (1)
and the performance assessment results pursuant to paragraph (2) shall
be reported so that they may serve as one basis for the new teacher's
individual induction plan pursuant to Section 44279.2.

(f) The teaching performance assessment that is offered in
accordance with paragraph (3) of subdivision (b) shall be subject to Sections
44235.1 and 44298.  Assessments in accordance with paragraphs (1) and (2) of
subdivision (b), including the commission's administrative costs, shall be
subject to the annual Budget Act.

Reference:
Education Code 44235.1
Education Code 44259
Education Code 44279.2
Education Code 44298
Education Code 44310
Education Code 44320
Education Code 44325
Education Code 44370
Education Code 44450
Education Code 60605

(Added by Stats. 1998, Ch. 548, Sec. 9.)



Education Code
EC 44321

Student internship programs
Student internship programs shall be joint projects of school
districts and teacher preparation institutions, and such internship programs
shall be submitted to the commission for approval. Approved internship
programs shall be subject to periodic review by the commission.

Upon completion of an approved internship program, with district and
teacher preparation institution certification, the commission shall
approve the teacher intern.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44322

Professional preparation requirements
Notwithstanding any other provision of this code, the professional
preparation requirements for a teaching credential may be met by certification by
the Director of the Peace Corps of the United States or the Peace Corp
Country Director that the applicant has satisfactorily completed not less
than 18 months in a Peace Corps assignment in a foreign country, during
which time 50 percent or more of his or her duties consisted of classroom
teaching of resident children of the foreign country.

An applicant meeting the requirements of this section shall not be
required to complete any education or methodology courses or meet any other
requirement relating to professional preparation as set forth in paragraph (3) of
subdivision (b) of Section 44259.

(Amended by Stats. 2001, Ch. 342, Sec. 24.)

Reference:
Education Code 44259




Education Code
EC 44323

Paraprofessionals
Nothing in this chapter shall be construed as preventing school
districts from hiring, employing, or otherwise using teacher aides,
instructional aides, or teacher assistants under the terms of existing law and
financial support formulas. The commission may study the various roles of such
paraprofessionals and routinely report its findings.

Public and private colleges, universities, and community colleges
may develop cooperative programs with school districts or school
governing boards to place undergraduate and graduate students in public and
private classrooms as teacher aides or assistants. Such assignment may be, at
the discretion of the institution, the basis for securing college
credit.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44324

Field experience program
(a) The Legislature encourages any public or private institution of
higher education that conducts any program of professional preparation for
a teaching or services credential to operate and supervise, within
that program, a field experience program, and to grant up to and including
three semester units, or the equivalent, to any student who participates in
that field experience program, whether that participation occurs before
or after the granting of a credential. For purposes of this section
"field experience program" means a program under which students work with
truant, habitual truant, or other at-risk pupils enrolled In any public
elementary or secondary school, and may include student participation in
home-school conferences and home referrals.

(b) School districts are encouraged to cooperate with public and
private institutions of higher education in the operation of the field
experience programs described in subdivision (a).

(Amended by Stats. 1989, Ch. 609, Sec. 3.)




Education Code
EC 44325

Article 7.5. District Interns
(a) The Commission on Teacher Credentialing shall issue district
intern certificates authorizing persons employed by any school district
that maintains kindergarten and grades 1 to 12, inclusive, or that
maintains classes in bilingual education to provide classroom instruction to
pupils in those grades and classes in accordance with the requirements of
Section 44830.3. The commission also shall issue district intern
certificates, as a pilot program, authorizing persons employed by the Los Angeles
Unified School District to provide classroom instruction to pupils with mild
and moderate disabilities in special education classes, in accordance
with the requirements of Section 44830.3.

(b) Each district intern certificate shall be valid for a period of two
years. However, a certificate may be valid for three years if the intern is
participating in a program that leads to the attainment of a specialist credential to
teach pupils with mild and moderate disabilities, or four years if the
intern is participating in a program that leads to the attainment of both a
multiple subject or single subject teaching credential and a specialist
credential to teach pupils with mild and moderate disabilities. Upon the
recommendation of the school district, the commission may grant a one-year extension
of the district intern certificate.

(c) The commission shall require each applicant for a district intern
certificate to demonstrate that he or she meets the minimum qualifications for
that certificate, including (1) the possession of a baccalaureate degree
conferred by a regionally accredited institution of postsecondary education,
(2) the successful passage of the state basic skills proficiency test
administered under Sections 44252 and 44252.5, (3) the successful completion of
the appropriate subject matter examination administered by the
commission, or a commission-approved subject matter preparation program for the
subject areas in which the district intern is authorized to teach, and (4) the
oral language component of the assessment program leading to the
bilingual-crosscultural language and academic development certificate for persons seeking a
district intern certificate to teach bilingual education classes.

(d) The commission shall apply the requirements of Section's 44339,
44340, and 44341 to each applicant for a district intern certificate.

(Amended by Stats. 1994, Ch. 673, Sec. 1.)

Reference:
Education Code 44252
Education Code 44252.5
Education Code 44339
Education Code 44340
Education Code 44341
Education Code 44830.3




Education Code
EC 44326

Persons holding district intern certificates
(a) Persons holding district intern certificates issued by the
commission under Section 44325 to teach in grades 9 to 12, inclusive, or in grades 6
to 8, inclusive, in a departmentalized program, or in departmentalized
bilingual classes, shall only, be authorized to teach in the subject area in
which they have completed an undergraduate academic major or minor.

(b) Persons holding district intern certificates issued by the
commission under Section 44325 to teach in kindergarten and grades 1 to 8,
inclusive, in a self-contained program or in self-contained bilingual classes
who have completed an academic major or minor or a diversified or liberal
arts degree that includes the subject matter coursework prescribed in
Section 44314 shall be authorized to teach in those grades or classes.

(c) Prior to assignment to teach pupils with mild and moderate
disabilities, persons holding district intern certificates issued by the
commission under Section 44325 to teach those pupils shall meet the requirements
of either subdivision (a) or (b) and shall teach in the capacity
described in either subdivision (a) or (b) for one complete school year. Upon
successful completion of that school year, any person holding that certificate
may be assigned to teach special education pupils with mild and moderate
disabilities.

(d) Each district intern shall be required to teach with the
assistance and guidance of certificated employees of the district who have been
classified as mentor teachers under Article 4 (commencing with Section 44490) of
Chapter 3, or with the assistance and guidance of certificated employees
selected through a competitive process adopted by the governing board after
consultation with the exclusive teacher representative unit or by personnel
employed by institutions of higher education to supervise student teachers.
Mentor teachers or other certificated employees shall possess valid
certification at the same level or of the same type of credential as the district
interns they serve.

(Amended by Stats. 1994, Ch. 673, Sec. 3.)

Reference:
Education Code 44314
Education Code 44325
Education Code 44490




Education Code
EC 44327

Emergency teaching permits
(a) Any person who does not hold a valid California teaching
credential that requires a baccalaureate degree shall be required to pass the
appropriate subject matter competency examination or examinations, as
determined by the commission, before he or she may be initially issued an
emergency multiple- or single-subject teaching permit, except an emergency
substitute teaching permit, authorizing him or her to teach a subject that is
specified by the commission.

(b) The commission may issue an emergency multiple- or
single-subject teaching permit to an applicant who has not taken the appropriate
subject matter competency test, provided the employing agency certifies all
of the following to the commission:

(1) The applicant has not had the opportunity to take the test.

(2) The applicant shall take the appropriate subject matter
competency test at its next regularly scheduled administration.

(3) The employing agency shall discontinue employment of the person
eight weeks after the date on which the test is administered if he or she does
not give the employing agency evidence of having passed the required
subject matter competency test on that date.

(c) The emergency teaching permit issued pursuant to subdivision (b)
shall expire on the next regular expiration date for emergency permits, or
on a date that is eight weeks after the date on which the required subject
matter competency test was administered, whichever date comes first.

(d) The commission shall waive the requirements of this section for
each applicant for each of the following:

(1) An emergency single-subject teaching permit, if the applicant
has successfully completed at least 18 semester units, or nine semester
units of upper division or graduate coursework, at a regionally accredited
institution of postsecondary education, in the subject area to be taught.

(2) An emergency multiple-subjects teaching permit, if the
applicant has successfully completed at least 40 semester units, or the
equivalent, at a regionally accredited institution of postsecondary education,
in the subjects that are commonly taught in elementary schools, as
determined by the commission.

(Amended by Stats. 1994, Ch. 922, Sec. 85.)




Education Code
EC 44328

Credential upon successful completion of service
Unless the commission determines that substantial evidence exists
that a person is unqualified to teach, upon the completion of successful
service as a district intern pursuant to subdivision (b) of Section 44325, and
upon the recommendation of the school district governing board, the
commission shall award professional credentials to district interns in the same
manner as applicants recommended for credentials by institutions that
operate approved programs of professional preparation.

Notwithstanding paragraphs (1) and (2) of subdivision (a) of Section
44225, paragraphs (3), (4), (5), and (6) of subdivision (b) of Section 44259,
paragraphs (1), (2), (3), and (4) of subdivision (c) of Section 44259, and
Sections 44261, 44265, and 44335, it is the intent of the Legislature that upon
recommendation by the governing board, district interns shall be issued
professional credentials, rather than preliminary credentials, upon the
completion of successful service as a teacher pursuant to subdivision (b) of
Section 44325 unless the governing board recommends, and the commission
finds substantial evidence that the person is not qualified to teach.
Notwithstanding Section 44261, the professional credential awarded to any district
intern holding a certificate to teach bilingual classes shall be a basic
teaching credential with a bilingual-crosscultural language and academic
development emphasis. Notwithstanding Section 44265, the professional
credential awarded to any district intern who holds a certificate to teach
special education pupils with mild and moderate disabilities shall be a
special education specialist instruction credential appropriate for that
group of pupils.

It is the intent of the Legislature that institutions of higher
education that operate approved programs of professional preparation work
cooperatively with school districts that offer district intern programs for a
special education specialist credential to apply the regular education
coursework and fieldwork from the special education district intern program
toward earning a multiple or single subject teaching credential through the
institution.

(Amended by Stats. 1994, Ch. 673, Sec. 5.)

Reference:
Education Code 44225
Education Code 44259
Education Code 44261
Education Code 44265
Education Code 44325
Education Code 44335




Education Code
EC 44330

Article 8. Certificates and Credentials
Except where such service is provided by a school district pursuant to
Section 44332.5, each county or city and county board of education may provide
for the registration of any valid certification or other document
authorizing the holder thereof to serve in a position requiring certification
qualifications as an employee of the county superintendent of schools of such county
or city and county or of a school district under the jurisdiction of such
county superintendent of schools. Such registration shall authorize the
service of the holder as an employee of the county superintendent of schools or
of any school district under his jurisdiction in the capacity in which
and for the period of time for which the certification or other document is
valid.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44332.5




Education Code
EC 44331

Certificates issued by county boards
County boards of education may renew any certificate legally issued
by them prior to October 1, 1945, and now in force; provided, that no
certificate granted upon a credential issued by the State Board of Education or
commission for a limited period shall be renewed or extended unless the
credential upon which it was issued has been renewed or extended, and then only for
the period of the renewal or extension of the credential.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44332

Temporary certificates
(a) Except where that service is provided by a school district
authorized to register certification documents pursuant to Section 44332.5,
each county or city and county board of education may issue temporary
certificates for the purpose of authorizing salary payments to certified
employees whose credential applications are being processed or to personnel
employed in children's centers or other preschool educational programs whose
permit applications are being processed.  However, the individual must have
demonstrated proficiency in basic reading, writing, and mathematic skills
pursuant to the requirements of Section 44252.5.  The applicant for the
temporary certificate shall make a statement under oath that he or she has duly
filed an application for a credential or permit together with the required
fee and that, to the best of his or her knowledge, no reason exists why a
certificate or permit should not be issued. The certificate or permit shall be
valid for not more than one calendar year from the date of issuance.

(b) The county or city and county board of education shall cancel the
temporary certificate or permit immediately upon receipt of certification in
writing from the commission that the applicant apparently does not possess
adequate academic qualifications or apparently has a criminal record that
would disqualify the applicant.

(c) A temporary certificate issued to a permit applicant is not valid
beyond the time that the commission either issues or denies the originally
requested permit.  A temporary certificate issued to a credential applicant is
not valid beyond the time that the commission provides written
notification to the county or city and county board of education that the applicant
apparently does not possess adequate qualifications, that the commission has
received facts that may cause denial of the application, or issues or denies the
originally requested credential.

(d) A county or city and county board of education may not issue a
temporary certificate to an applicant whose teaching credential is revoked or
suspended.

(Amended by Stats. 1999, Ch. 281, Sec. 2.)

Reference:
Education Code 44252.5
Education Code 44332.5




Education Code
EC 44332.5

Registration of valid certification
(a) A school district which may issue warrants pursuant to Section
42647 may, at its discretion, provide for the registration of any valid
certification or other document authorizing the holder thereof to serve in a
position requiring certification qualifications as an employee of the school
district.

(b) During any period when summary criminal history information is
not available from the Federal Bureau of Investigation, no applicant for
an initial credential, certificate, or permit shall be employed in a
position requiring certification qualifications until he or she has met the
minimum requirements for a temporary certificate of clearance. A temporary
certificate of clearance or a credential, certificate, or permit authorizing
service in the public schools shall be issued when the applicant has:

(1) Made full disclosure of all facts necessary to establish his or her
true identity.

(2) Made a statement under penalty of perjury that he or she has not been
convicted of a crime which would constitute grounds for the denial of the
credential, permit, or certificate applied for.

An applicant shall not be required to disclose, and the Committee of
Credentials shall not inquire into or consider, any acts or omissions not related
to the applicant's fitness to teach or to perform other duties for which
he or she is certificated, or which is related to his or her competence to
perform the duties authorized by his or her credential.

(3) Paid to the Commission for Teacher Preparation and Licensing the
amount of twelve dollars ($12) or the fees or costs which have been or will be
assessed by the Federal Bureau of Investigation for the issuance of its summary
criminal history of the applicant when this information is once again made
available to the commission. The fees authorized by this paragraph shall be
applicable to all credentials, permits, and certificates which were applied for
or issued after October 1, 1981.

(c) Upon receipt of a statement from the Federal Bureau of
Investigation that it has no summary criminal history information on the applicant,
or upon receipt of the summary criminal history information and
clearance by the Committee of Credentials, a temporary certificate of
clearance shall be converted to a regular certificate of clearance.

(Amended by Stats. 1982, Ch. 996, Sec. 3.)

Reference:
Education Code 42647




Education Code
EC 44332.6

Temporary certificate; criminal record summary
(a) (1) Before issuing a temporary certificate pursuant to Section
44332, a county or city and county board of education shall obtain a criminal
record summary about the applicant from the Department of Justice and shall
not issue a temporary certificate if the applicant has been convicted of a
violent or serious felony.

(2) Before issuing a temporary certificate of clearance pursuant to
Section 44332.5, a school district shall obtain a criminal record summary
about the applicant from the Department of Justice and shall not issue a
temporary certificate of clearance if the applicant has been convicted of a
violent or serious felony.

(b) This section applies to any violent or serious offense which, if
committed in this state would have been punishable as a violent or serious
felony.

(c) For purposes of this section, a violent felony is any felony listed
in subdivision (c) of Section 667.5 of the Penal Code and a serious felony
is any felony listed in subdivision (c) of Section 1192.7 of the Penal
Code.

(d) Notwithstanding  subdivision (a), a person shall not be denied a
temporary certificate or a temporary certificate of clearance solely on the
basis that he or she has been convicted of  a violent or serious felony if the
person has obtained a certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code.

(e) Notwithstanding subdivision (a), a person shall not be denied a
temporary certificate or a temporary certificate of clearance solely on the
basis that the person has been convicted of a serious felony that is not also a
violent felony, if that person can prove to the sentencing court of the offense
in question, by clear and convincing evidence, that he or she has been
rehabilitated for the purposes of school employment for at least one year.  If the
offense in question occurred outside this state, then the person may seek a
finding of rehabilitation from the court in the school district in which he or
she is a resident.

(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county or
city and county board of education may issue a temporary certificate to an
employee currently and continuously employed by a school district within the
county who is serving under a valid credential and has applied for a renewal of
that credential or for an additional credential without obtaining a
criminal record summary for that employee.

(2) Notwithstanding paragraph (2) of subdivision (a), a county or
city and county board of education may issue a temporary certificate of
clearance to an employee currently and continuously employed by a school
district within the county who is serving under a valid credential and has
applied for a renewal of that credential or for an additional credential
without obtaining a criminal record summary for that employee.

(Amended by Stats. 1998, Ch. 840, Sec. 5.)

Reference:
Education Code 44332
Education Code 44332.5
Penal Code 667.5
Penal Code 1192.7
Penal Code 4852.01




Education Code
EC 44333

Exchange credential
The standard for the exchange credential shall be as prescribed by the
commission pursuant to Section 44853.

This credential shall authorize service in a position requiring
certification qualifications as an exchange certified employee for performance of
the services specified in the credential. Services for which a license is
required by the Business and Professions Code may not be authorized unless the
applicant holds such a license.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44853




Education Code
EC 44334

Oath
Except as provided in this code, no certification document shall be
granted to any person unless and until he has subscribed to the following oath
or affirmation: "I solemnly swear (or affirm) that I will support the
Constitution of the United States of America, the Constitution of the State of
California, and the laws of the United States and the State of California." The oath
or affirmation shall be subscribed and certified or declared, pursuant
to Section 2015.5 of the Code of Civil Procedure, and shall be filed with
the commission. Any certificated person who is a citizen or subject of any
country other than the United States, and who is employed in any capacity in any
of the public schools of the state shall, before entering upon the
discharge of his duties, subscribe to an oath to support the institutions and
policies of the United States during the period of his sojourn within the state.
Upon the violation of any of the terms of the oath or affirmation, the
commission shall suspend or revoke the credential which has been issued.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44335

Teaching credential requirements
The issuance of any teaching credential requires (1) the passing of a
satisfactory examination on the provisions and principles of the Constitution of
the United States in a community college, college, or university of
recognized merit or (2) the satisfactory completion of two semester units of work
on the provisions and principles of the Constitution of the United
States in any university or college from which undergraduate credits earned
are accepted by the commission as meeting undergraduate credit
requirements for credentials issued by the commission or in any publicly supported
community college in the state. Public and private institutions in California
may be authorized to attest to the individual's satisfaction of this
requirement.

The requirements of this section do not apply to the designated
subjects teaching credential authorizing part-time employment only.

(Amended by Stats. 1977, Ch. 36.)




Education Code
EC 44336

Certificate showing applicant is free from communicable or
contagious disease
 When required by the commission, the application for a certification
document or the renewal thereof shall be accompanied by a certificate in such
form as shall be prescribed by the commission, from a physician and surgeon
licensed under the provisions of the Business and Professions Code showing
that the applicant is free from any contagious and communicable disease or
other disabling disease or defect unfitting the applicant to instruct or
associate with children.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44337

Disability; reasonable accommodations
No person otherwise qualified shall be denied the right to receive
credentials from the commission, to receive training for the purpose of becoming a
teacher, or to engage in practice teaching in any school, on the grounds he or she
is an individual with a disability; nor shall any school district refuse
to engage a teacher on such grounds, provided, that the teacher, with
reasonable accommodations, is able to carry out the duties of the position for
which he or she applies in the school district. "Disability," as used in this
section, means (1) a physical or mental impairment that substantially limits
one or more of the major life activities of the individual, (2) a record of
such an impairment, or (3) being regarded as having such an impairment.

(Amended by Stats. 1992, Ch. 913, Sec. 12.)




Education Code
EC 44338

Disability
No person otherwise qualified shall be denied the right to receive
credentials issued by the commission, to receive training for the purpose of
becoming a teacher, or to engage in practice teaching in any school, on the
ground he or she is a person with a disability; provided, that the person does
not pose a direct threat of substantial harm to the health or safety of
other individuals.

(Amended by Stats. 1992, Ch. 913, Sec. 13.)




Education Code
EC 44339

Reasonable evidence of identification and good moral character
(a) The commission shall adopt, in addition to any other regulations
authorized by law, regulations requiring every applicant for a credential, or
for the renewal of a credential, to submit reasonable evidence of
identification and good moral character.

(b) The adopted rules and regulations shall specify that an applicant
shall not be required to disclose, and the Committee of Credentials shall
not inquire into or consider, any acts or omissions not related to the
applicant's fitness to teach or perform other duties for which he or she is
certificated, or which is related to his or her competence to perform the duties
authorized by his or her credential.

(c) The adopted rules and regulations shall also prescribe the notice
which shall be supplied to each applicant on the application form, which
shall include the following information:

(1) The offenses which constitute grounds for the mandatory denial or
revocation of a credential.

(2) The offenses for which the commission is authorized to deny or
revoke a credential, depending upon the degree of rehabilitation or
requalification demonstrated by the applicant.

(3) The standards under which the commission determines that it shall
not investigate or pursue offenses which are not clearly related to an
applicant's fitness or competence to teach or perform other certificated
services.

(Amended by Stats. 1982, Ch. 996, Sec. 4.)




Education Code
EC 44340

Duplicate identification cards
Each applicant for a credential, or for the renewal of a credential,
shall submit with his application duplicate personal identification
cards provided by the commission upon which shall appear the legible
fingerprints and a personal description of the applicant.

The commission is authorized to, and shall adopt such regulations as
may in its judgment be necessary for the administration of this section.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44341

commission authorized to require production of information
(a) (1) For the purpose of ascertaining the moral character and true
identity of the holder of a credential or an applicant for a credential or the
renewal of a credential after jurisdiction to commence an initial review
pursuant to subdivision (b) of Section 44242.5 has been established, the
commission is authorized to require the production of information, records,
reports, and other data from any public agency.  For the purposes of determining
whether jurisdiction exists, the commission is also authorized to require
the limited production of records as set forth in subdivision (f) of
Section 44242.5.

(2) This information shall be provided to the commission within 30
days of the request.

(3) The commission shall maintain the confidentiality of this
information in accordance with Chapter 1 (commencing with Section 1798) of Title
1.8 of the Civil Code.

(b) Except for the situation prescribed in subdivision (d), every
applicant for a credential or for the renewal of a credential shall be deemed to
have given his or her consent for the securing of, and disclosure of,
information to the commission for the sole purpose of ascertaining the moral
character and true identity of the holder of a credential, the applicant for a
credential, or a credential holder applying for the renewal of the credential.

(c) The Department of Justice shall furnish, upon application of the
commission or its authorized representative, all information pertaining to any
applicant of whom there is a record in its office except that information which
may compromise or prejudice an ongoing criminal investigative matter
may be withheld until the matter is completed.

(d) With the written consent of an applicant for a credential or a
credential holder, the commission upon written request of any private school
authority, shall release to that private school authority information and other
data relative to the identification or fitness of any applicant for a
teaching position in the private school so long as not otherwise prohibited by
any other provision of law.

(e) Each application for a credential shall contain notice that the
information provided by the applicant is subject to investigation for, and
verification of, the applicant's moral character and true identity by means of
review of information, records, reports, and other data from any agency or
department of the state or any political subdivision of the state, whether
chartered by the state or not, secured by the commission for these purposes.

(Amended by Stats. 2001, Ch. 342, Sec. 2.)

Reference:
Education Code 44242.5
Civil Code 1798



Education Code
EC 44342

Affect of chapter
Teachers, principals, supervisors, school librarians,
superintendents and assistant superintendents, and other certified personnel who
are presently employed in public schools in California shall not be
adversely affected by this chapter. However, presently employed personnel and
those in preparation shall be permitted to seek initial or renewal
certification under the terms of this chapter.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44343

Credential issued prior to July 1, 1973
A credential which was issued prior to July 1, 1973, shall remain in
force as long as it is valid and continues to be valid under the law and
regulations of the commission. The commission may not by regulation invalidate
such valid credential unless it issues to the holder thereof, in
substitution, a new credential authorized by other sections of this chapter which is
no less restrictive than the credential for which it was substituted
with respect to the kind of service which it authorizes, and the grades or
classes of types of schools in which it authorizes services.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44344

Requirement for credentials completed before September 15, 1974
(a) The commission shall issue the appropriate credentials
authorized by the law operative, and the rules and regulations of the commission
in effect on December 31, 1971, to any person who completed the
requirements for such credential prior to September 15, 1974.

(b) A person may be issued a credential under this section after
September 15, 1974, if that person, between December 31, 1971, and September 15,
1974:

(1) Was engaged in teaching in a foreign country, after such person had
completed the requirements of such credential.

(2) Holds a credential issued under partial fulfillment and was
working towards meeting the requirements of that credential and was enrolled
in a teacher training institution.

(3) Was working towards meeting the requirements of such credential
and was prevented from completing those requirements because of active,
military service, illness, or other causes determined by the commission.

(4) Was accepted into and enrolled in a teacher education curriculum
at any institution and would be required to take more than 15
semester-hour units or the equivalent quarter-hour units after September 15, 1974,
beyond the requirements necessary to receive such credential, in order to
meet the requirements of credentials issued under this chapter.

(5) Was enrolled in a student-declared degree program at an
accredited institution leading to such credential with at least a junior
standing as determined by the institution and would be required to take more
than 15 semester-hour units or the equivalent quarter-hour units after
September 15, 1974, beyond the requirements necessary to receive such
credential, in order to meet the requirements of credentials issued under this
chapter.

(c) No credential authorized under this law and rules and regulations
in effect on December 31, 1971, shall be issued to any person pursuant to
the exceptions specified in paragraphs (1) to (5), inclusive, of
subdivision (b) after September 15, 1976.

(d) For the purposes of this section, "teacher education curriculum"
means any professional education course or sequence of professional
education courses required for a credential authorized by the law operative,
and the rules and regulations of the commission in effect on December 31,
1971.

(e) For the purposes of this section, "student-declared degree
program" means any student-elected degree objective at an approved
institution selected for the purpose of obtaining a credential authorized by the
law operative, and the rules and regulations of the commission in effect
on December 31, 1971.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44345

Denial of application
The commission may deny any application for the issuance of a
credential or for the renewal of a credential made by any applicant who falls under
any of the following categories:

(a) Lacks the qualifications which are prescribed by law or
regulations adopted by the commission pursuant thereto.

(b) Is physically or mentally so disabled as to be rendered unfit to
perform the duties authorized by the credential for which he or she applies.
However, the mere fact that an applicant has sought or received psychiatric
treatment shall not be considered as preliminary evidence of mental disability
and shall not provoke special scrutiny of such applicant's
qualifications for a credential.

(c) Is addicted to the use of intoxicating beverages to excess.

(d) Is addicted to the use of controlled substances.

(e) Has committed any act involving moral turpitude.

(f) Has had a certification document revoked.

(g) Has intentionally practiced or attempted to practice any
material deception or fraud in his or her application.

(h) Fails or refuses to furnish reasonable evidence of
identification or good moral character.

(i) Has been convicted of any offense defined in subdivision 1 of
Section 314 of the Penal Code prior to September 7, 1955.

Any denial pursuant to subdivisions (a) to (e), inclusive, shall be
based upon reasons related to the applicant's fitness to teach or fitness to
perform other duties for which that applicant is certificated, or competence
to perform the duties which the credential would authorize the
applicant to perform.

(Amended by Stats. 1984, Ch. 1635, Sec. 25.)

Reference:
Penal Code 314




Education Code
EC 44346

Reason to deny issuance or renewal of credential
(a) The commission shall deny any application for the issuance of a
credential or for the renewal of a credential made by any applicant who comes
within any of the following classes:

(1) Has been determined to be a sexual psychopath under the provisions
of Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code or under similar provisions of
law of any other state.

(2) Has been convicted of any sex offense, as defined in Section
44010.

(3) Has been convicted of a controlled substance offense, as defined
in Section 44011.

(4) Has been found to be insane through a criminal proceeding by a
federal court or a court in this or any other state.

(b) Notwithstanding paragraphs (2) and (3) of subdivision (a), no
person shall be denied a credential solely on the basis that he or she has been
convicted of a crime specified in paragraphs (2) and (3) of subdivision (a) if the
person has obtained a certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code, and if his or her probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.

(c) Notwithstanding paragraph (3) of subdivision (a) or subdivision
(b), the commission may issue a credential to a person convicted of a
controlled substance offense as defined in Section 44011 if the commission
determines from the evidence presented that the person has been rehabilitated
for at least five years, or has received a certificate of rehabilitation
and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code, or if the accusation or information
against the person has been dismissed and he or she has been released from all
disabilities and penalties resulting from the offense pursuant to Section 1203.4
of the Penal Code.

(d) Notwithstanding paragraph (4) of subdivision (a), the
commission may issue a credential to a person found to be insane through a criminal
proceeding by a federal court or a court in this or any other state if the commission
determines from the evidence presented that the person has been rehabilitated
for at least five years.

(Amended by Stats. 1995, Ch. 140, Sec. 1.)

Reference:
Education Code 44010
Education Code 44011
Penal Code 1203.4
Penal Code 4852.01
Welfare and Institutions Code 6300




Education Code
EC 44346.1

Credential denial; conviction of violent or serious felony
(a) The commission shall deny any application for the issuance of a
credential made by an applicant who has been convicted of a violent or serious
felony or a crime set forth in subdivision (a) of Section 44424 or whose
employment has been denied or terminated pursuant to Section 44830.1.

(b) This section applies to any violent or serious offense which, if
committed in this state, would have been punishable as a violent or serious
felony.

(c) For purposes of this section, a violent felony is any felony listed
in subdivision (c) of Section 667.5 of the Penal Code and a serious felony
is any felony listed in subdivision (c) of Section 1192.7 of the Penal
Code.

(d) Notwithstanding subdivision (a), the commission may, but is not
required to, grant a credential to an applicant who has been convicted of a
violent or serious felony if the person is eligible for, and has obtained, a
certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing
with Section 4852.01) of Title 6 of Part 3 of the Penal Code.

(Amended by Stats. 2001, Ch. 342, Sec. 26.)

Reference:
Education Code 44424
Education Code 44830.1
Penal Code 667.5
Penal Code 1192.7
Penal Code 4852.01




Education Code
EC 44347

Terms of credential
The terms of credentials shall be as specified in this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44348

Expiration dates
Except as otherwise specifically required in this chapter, the
commission shall establish regulations pertaining to the expiration dates of
initially issued and renewed credentials.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44349

Content of credential
Each credential issued by the commission shall clearly state the kind
of service that it authorizes, the grades or classes, or the types of
schools in which it authorizes service, and shall have such other content as
the commission may prescribe or as may be prescribed by authority of the
commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44350

Credential, date of expiration, signatures
Each credential issued shall contain its date of expiration and shall
be issued on a form prescribed by the commission, and shall bear the
signatures of the secretary and the chairman of the commission or their facsimile
signatures.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44351

Expiration while holder in active military duty
Whenever the date of expiration of any credential occurs while the
person holding the credential is in the active military service of the United
States of America or of the State of California, including active service in
any uniformed auxiliary of, or to, any branch of such military service
created or authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California or in the service of the
United States Merchant Marine, or in the full-time paid service of the
American Red Cross, during any national emergency declared by the President of
the United States of America, or during a war in which the United States of
America is engaged, or within six months after such person honorably leaves
such service or has been placed on inactive duty, the credential is hereby
continued in force until six months after such person honorably leaves such
service or has been placed on inactive duty.

The holder of a credential so extended shall be entitled to a renewal of
the credential prior to its date of expiration as herein fixed, subject to
provisions of this code relating to the renewal of credentials.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44352

Lost credential
Whenever satisfactory proof is presented to the commission by any
person to whom the commission has granted a credential that has been lost or
destroyed, the commission shall issue to him a new credential of the same kind,
grade, character, and tenure as that lost or destroyed.

For issuance of the new credential the commission shall require a fee
to cover the cost of replacement not to exceed the fee for issuance of an
original credential pursuant to Section 44235. The revenues from the fee
provided for in this section shall not be available for expenditure until
appropriated.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44235




Education Code
EC 44353

Affidavit as satisfactory proof
Satisfactory proof shall consist of an affidavit by the person,
giving the kind of the credential, the date of issue, if possible, and the
basis upon which it was issued, together with such other information as the
issuing authority may require.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44354

Required oath
Any oath required of an applicant for a credential may be administered
by any of the persons enumerated in Section 60, by such employees of the
Department of Education as the Superintendent of Public Instruction may
designate, and by such employee of the commission as the commission may
designate.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44355

Credential that is void
(a) Except as provided in subdivision (b), all credentials regularly
issued are valid until revoked, suspended, or expired as provided by law.

(b) A credential issued under either of the following circumstances
is void and shall be deemed to be void from the date it was issued:

(1) A credential which would not have been issued but for a material
deception or fraud committed by an applicant or by another in the applicant's
behalf; or

(2) A credential which the commission had no lawful authority to issue
and which would not have been issued but for some material mistake of law or
fact by either or both the applicant and the commission.

(c) A notice that a credential is void pursuant to paragraph (1) or (2)
of subdivision (b) shall be served upon the credential holder at his or
her last known address as provided in Section 1013 of the Code of Civil
Procedure. Within 30 days thereafter, such notice may be appealed to the
commission only on the grounds that there was no fraud, material deception, or
error and that the commission had the lawful authority to issue the
credential on the facts stated in the application.

(Added by Stats. 1980, Ch. 488, Sec. 1.)




Education Code
EC 44360

Article 9. Penalties for the Submission of Fraudulent Documents
Any person is guilty of a misdemeanor who, individually or in a
representative or any other capacity, does any of the following:

(a) Alters with fraudulent intent, or uses or attempts to use any
altered diploma, certificate, transcript, affidavit, or any other evidence
to be used in obtaining a credential or certificate authorizing service
in the public schools.

(b) Assumes any degree or title not conferred upon him or her in the
manner and by the authority recognized in this chapter with intent to
represent falsely that he or she has received that degree or title, or who
willfully makes any false statement on any application for examination,
license, credential, or certificate under this chapter.

(c) Sells, barters, or offers to sell or barter, or purchase or procure
directly or indirectly with the intent that it be fraudulently used, any
license, credential, or permit authorizing service in the public schools, or
any diploma, certificate, affidavit, transcript, or any other evidence
required for use in connection with any application for, or the granting of any
license, credential, or certificate authorizing service in, the public
schools.

(d) Performs or attempts to perform any teaching or other certified
service in any public school under a false or assumed name, or under any name
other than that inscribed by the commission on any license, credential, or
certificate authorizing him or her to perform those services. This provision
shall not apply to persons who, because of marriage or other good faith
reasons, have given notice of a name change.

(e) Refuses or willfully fails to surrender upon demand of the
commission, his or her license, credential, or certificate authorizing teaching
or service in the public schools upon revocation, suspension, or
voiding of those documents under this chapter.

(Added by Stats. 1986, Ch. 632, Sec. 1.)




Education Code
EC 44361

Falsely using certificate
Every person filing for record or attempting to file for record the
license, credential, or certificate issued to another person, falsely
claiming himself or herself to be the person named in or entitled to the license,
credential, or certificate, is guilty of a misdemeanor and, upon conviction
thereof, shall be subject to imprisonment in the county jail for not more than
one year.

(Added by Stats. 1986, Ch. 632, Sec. 1.)




Education Code
EC 44362

Qualifications verified under penalty of perjury
Every fact necessary to establish the qualifications of an applicant
for the issuance of any license, credential, or certificate authorizing
the performance of services in the public schools shall be verified under
penalty of perjury. An oath to this effect shall be displayed prominently on
each application form, and shall be dated and subscribed by the
applicant.

(Added by Stats. 1986, Ch. 632, Sec. 1.)




Education Code
EC 44370

Article 10. Accreditation in Educator Preparation
The Legislature finds and declares that the competence and
performance of professional educators depends in part on the quality of their
academic and professional preparation. The Legislature recognizes that
standards of quality in collegiate preparation complement standards of
candidate competence and performance, and that general standards and criteria
regarding the overall quality of a candidate's preparation are as essential as
the assessment of the candidate's competence and performance.

(Amended by Stats. 1993, Ch. 426, Sec. 1.)




Education Code
EC 44371

Educator preparation duties
(a) The system for accreditation of educator preparation shall do an
of the following:

(1) Concentrate on the overall quality of educator preparation in
credential programs.

(2) Hold professional elementary, secondary, and postsecondary
educators responsible for quality in the preparation of professional
practitioners.

(3) Contribute to improvements in educator preparation and
recognize excellence in preparation programs and institutions.

(4) Replace the prior system of program approval, as established by
the Teacher Preparation and Licensing Act of 1970.

(5) Be governed by an accreditation framework that sets forth the
policies of the Commission on Teacher Credentialing regarding the
accreditation of educator preparation.

(b) The accreditation framework shall do an of the following:

(1) Establish broad, flexible policies and standards for
accreditation of educator preparation.

(2) Define the accreditation responsibilities, authority, and
roles of the Commission on Teacher Credentialing and the Committee on
Accreditation.

(3) Establish an accreditation system that is efficient and
cost-effective.

(4) Require that accreditation decisions be based on sufficient,
reliable evidence about the quality of educator Preparation.

(Repealed and added by Stats. 1993, Ch. 426, Sec. 2 and 3.)




Education Code
EC 44372

Powers and duties of commission
The powers and duties of the Commission on Teacher Credentialing
regarding the accreditation system shall include the following:

(a) Adopt and implement an accreditation framework, which sets forth
the policies of the commission regarding the accreditation of educator
preparation in California.

(b) Establish and modify credential-specific standards,
experimental program standards, and alternative program standards, as defined in
the adopted accreditation framework.

(c) Rule on the eligibility of an applicant for accreditation when the
applying institution has not previously prepared educators for state
certification in California, pursuant to subdivision (a) of Section 44227.

(d) Appoint and reappoint the members of the Committee on
Accreditation, in accordance with Section 44373, by selecting among nominees
submitted by a panel of distinguished educators.

(e) Review periodic accreditation reports by the Committee on
Accreditation, and refer accreditation issues and concerns to the committee for its
examination and response.

(f) Hear and resolve appeals of accreditation decisions, pursuant to
subdivision (e) of Section 44374.

(g) Allocate resources annually for implementation of the
accreditation system.

(h) With the Committee on Accreditation, jointly design an
evaluation of accreditation policies and their implementation, and jointly
select an external evaluator to conduct the evaluation, in accordance with
Section 8 of the accreditation framework that was in effect on June 30, 1993.

(i) Modify the accreditation framework in accordance with Section 8
of the framework that was in effect on June 30, 1993.

(j) Inform and advise the Legislature regarding statutory issues
related to accreditation, and submit legislative recommendations, after
considering the advice of the Committee on Accreditation, educational
institutions, and professional organizations.

(Repealed and added by Stats. 1993, Ch. 426, Sec. 4 and 5.)

Reference:
Education Code 44227
Education Code 44373
Education Code 44374




Education Code
EC 44373

Committee on Accreditation
(a) There is hereby established the Committee on Accreditation
consisting of 12 members selected for their distinguished records of
accomplishment in education. Six members shall be from postsecondary education
institutions, and six shall be certificated professionals in public schools,
school districts, or county offices of education in California. No member
shall serve on the committee as a representative of any organization or
institution. Membership shall be, to the maximum extent possible, balanced in
terms of ethnicity, gender, and geographic regions. The committee shall
include members from elementary and secondary schools, and members from
public and private institutions of postsecondary education.

(b) The terms of committee members shall be in accordance with the
accreditation framework. Appointment of the initial committee members shall be
from nominees submitted by a panel of distinguished educators, who are
named by a consensus of the commission and the accreditation advisory
council, pursuant to Section 44371, as that section read on December 31, 1993.
Appointment of subsequent committee members shall be from nominees submitted by a
distinguished panel named by a consensus of the commission and the Committee on
Accreditation. For each committee position to be filled by the commission, the panel
shall submit two highly qualified nominees.

(c) The committee shall do, but shall not be limited to doing, all of the
following:

(1) Make decisions about the accreditation of educator preparation.
The committee's decisionmaking process shall be in accordance with the
accreditation framework.

(2) Make decisions about the initial accreditation of new programs of
educator preparation in accordance with procedures established by the
committee.

(3) Determine the comparability of standards submitted by
applicants with those adopted by the commission, in accordance with the
accreditation framework.

(4) Adopt guidelines for accreditation reviews, and monitor the
performance of accreditation teams and other aspects of the accreditation
system.

(5) Present an annual accreditation report to the commission and
respond to accreditation issues and concerns referred to the committee by the
commission.

(Added by Stats. 1993, Ch. 426, Sec. 7.)

Reference:
Education Code 44371




Education Code
EC 44374

Accreditation framework
(a) The accreditation framework shall include common standards that
relate to aspects of program quality that are the same for all credential
programs. The framework shall also include multiple options for program
standards.

(b) The accreditation framework shall include provisions regarding
well-trained accreditation teams whose members shall be drawn from a pool of
California college and university faculty members and administrators,
elementary and secondary school teachers and other certificated
professionals, and local school board members. For each accreditation visit there
shall be one team, whose size, composition, and expertise shall be
constituted according to the accreditation framework.

(c) An accreditation team shall present its report and
recommendations to the Committee on Accreditation in accordance with the
accreditation framework. The committee shall consider the accreditation team
report and recommendations, and shall also consider evidence, which may be
submitted by the institution, that the team demonstrated bias or acted
arbitrarily or capriciously or contrary to the policies of the accreditation
framework or the procedural guidelines of the committee.

(d) The Committee on Accreditation shall make a single decision to
accredit, to accredit with stipulations, or to deny accreditation to an
institution's credential programs, pursuant to Section 44373 and the
accreditation framework.

(e) An institution has the right to appeal to the commission if the
procedures or decisions of an accreditation team or the Committee on
Accreditation are arbitrary, capricious, unfair, or contrary to the policies of the
commission or the procedural guidelines of the committee. An institution also
has the right to recommend changes in the accreditation policies of the
commission, which shall be considered by the commission in consultation with the
executive director and the Committee on Accreditation.

(f) At the request of an institution, the accreditation of an
education unit or a specific program by a national accrediting body shall
substitute for state accreditation provided that the national accrediting body
has satisfied the applicable conditions set forth in the accreditation
framework.

(Repealed and added by Stats. 1993, Ch. 426, Sec. 8 and 9.)

Reference:
Education Code 44373




Education Code
EC 44380

Legislative finding and declaration
(a) The Legislature finds and declares that the teaching profession
must be able to recruit talented individuals, in addition to college
students, from a variety of sources to address geographic and subject area
shortages. Many persons changing careers and early retirees from industry and
the military are interested in the challenge of teaching.

(b) The Legislature further finds that, in California, there is a
serious shortage of qualified teachers in the subjects of mathematics,
science, and technology, of teachers who work with limited-English
proficient pupils, and of minority teachers.

(c) Therefore, in enacting this article, the Legislature intends to
encourage public school districts, county offices of education, and colleges
and universities to design concentrated programs leading to a permanent
credential for people with work experience and others who already have a
bachelor's degree.

(Added by Stats. 1993, Ch. 1147, Sec. 1.)




Education Code
EC 44381

Alternative certification program
As used in this article, "alternative certification program" is a
program operated by a school district, county office of education, college or
university, or other public education entity, individually or in collaboration
with other public education entities in the region to be served, and
designed to provide a concentrated program leading to a permanent teaching
credential

(Added by Stats. 1993, Ch. 1147, Sec. 1.)



Education Code
EC 44382

Targeted people
Alternative certification programs shall address geographic and
subject matter shortage areas, and shall be targeted toward people with work
experience and others who already have a bachelor's degree in the field in which
they plan to teach.

(Added by Stats. 1993. Ch. 1147, Sec. 1.)




Education Code
EC 44383

Incentive grant
School districts or county offices of education operating, or that
propose to operate, an alternative certification program pursuant to this
article, may apply to the Commission on Teacher Credentialing for incentive
grant funding that has been appropriated for the purposes of this article.

(Added by Stats. 1993, Ch. 1147, Sec. 1.)




Education Code
EC 44384

Condition of grant
An alternative certification program that receives grant funding
pursuant to this article shall be operated pursuant to either Article 7.5
(commencing with Section 44325) of this chapter or Article 3 (commencing with
Section 44450) of Chapter 3, or both The commission shall encourage, and may
provide funding to, programs that include innovative training, assessment,
or support models and strategies that have the potential of improving
the quality of the teaching force. The commission shall encourage
collaboration among school districts in funding alternative certification
programs.

(Added by Stats. 1993, Ch. 1147, Sec. 1.)

Reference:
Education Code 44325
Education Code 44450




Education Code
EC 44385

Criteria for grant
The commission, with the assistance of representatives of classroom
teachers, school administrators, parents, university and college educators,
and others, as appropriate, shall establish criteria for selecting
grant applicants to be funded. The criteria shall be limited to the
following:

(a) The geographic distribution.

(b) The demonstrated need.

(c) The number of participants to be served.

(d) The quality of the curriculum, instruction, support, and
assessment.

(e) The cost-effectiveness.

(Added by Stats. 1993, Ch. 1147, Sec. 1.)





 44386


Matching funds
(a) From funds appropriated for the purposes of this article, the
Commission on Teacher Credentialing shall award incentive grants to qualifying
school districts or county offices of education.  Each school district or
county office of education that receives a grant shall provide matching
funds from any available source in an amount equal to 50 percent of the cost of
the alternative certification program.  Grants shall be awarded by the
commission for the remaining 50 percent of the cost of the alternative
certification program, but in no event shall the grant amount awarded to any school
district or county office of education exceed two thousand five hundred
dollars ($2,500) per intern per year, except that the commission may require a
lesser local contribution, or provide a larger grant per intern per year, in
hardship cases.

(b) As determined by the Commission on Teacher Credentialing, funds
appropriated in the annual Budget Act for the alternative certification program
may also be made available for expenditure on the Pre-Internship
Teaching Program authorized pursuant to Article 5.6 (commencing with Section
44305) of Chapter 2 of Part 25.

(Amended by Stats. 2000, Ch. 70, Sec. 3.)





Education Code
EC 44390

Article 12. California School Paraprofessional Teacher Training
Program
 The Legislature hereby finds and declares that over the next five
years, as many as 50 percent of the classroom teachers in many urban school
districts with large percentages of minority pupils will be eligible for
retirement. The Legislature further finds and declares that in many school
districts there are a number of classified employees, particularly minority
group members, who are enrolled in, who have been enrolled in, or who would be
interested in enrolling in, a teacher training program leading to a teaching
credential if they were provided assistance in applying for admission and
financial aid for that purpose.

The Legislature also finds and declares that educational
paraprofessionals who serve pupils in the public schools provide valuable
instructional services to public school pupils. A program to enhance instructional
competencies and to prepare school paraprofessionals to become teachers would
result in improved services in terms of their role in the instructional
program in the classroom.

(Added by Stats. 1995, Ch. 758, Sec. 26.)




Education Code
EC 44391

Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997
This article shall be known and may be cited as the
Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997.

(Repealed and added by Stats. 1997, Ch. 831, Sec. 1 and 2.)




Education Code
EC 44392

Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997
For the purposes of this article, unless the context clearly requires
otherwise, the following terms shall have the following meanings:

(a) "Institutions of higher education" means the California
Community Colleges, the California State University, the University of
California, and private institutions of higher education that offer an
accredited teacher training program.

(b) "Program" means the California School Paraprofessional Teacher
Training Program established pursuant to Section 44393.

(c) "Teaching paraprofessional" means the following job
classifications:  educational aide, special education aide, special education
assistant, teacher associate, teacher assistant, teacher aide, pupil service
aide, library aide, child development aide, child development assistant,
and physical education aide.

(d) "Teacher training program" means any undergraduate or graduate
program of instruction conducted by a campus of an institution of higher
education that includes a developmentally sequenced career ladder to provide
instruction, coursework, and clearly defined tasks for each level of the ladder,
and that is designed to qualify students enrolled in the program for a
teaching credential authorizing instruction in kindergarten and grades 1 to
12, inclusive.

(Added by Stats. 1997, Ch. 831, Sec. 3.5.)

Reference:
Education Code 44393




Education Code
EC 44393

Wildman-Keeley-Solis Exemplary Teacher Training Act of 1997
(a) The California School Paraprofessional Teacher Training
Program is hereby established for the purpose of recruiting
paraprofessionals to participate in a program designed to encourage them to enroll in
teacher training programs and to provide instructional service as teachers
in the public schools.

(b) Commencing on January 1, 1998, the Commission on Teacher
Credentialing, in consultation with the Chancellor of the California Community
Colleges, the Chancellor of the California State University, the President of
the University of California, the chancellors of private institutions
of higher education that offer accredited teacher training programs,
and representatives of certificated and classified employee
organizations, shall select 24 or more school districts or county offices of
education representing rural, urban, and suburban areas that apply to
participate in the program.  The commission shall ensure that, at a minimum, a total
of 600 school paraprofessionals are recruited from among the 24 or more
participating school districts or county offices of education.  The criteria
adopted by the commission for the selection of school districts or county
offices of education to participate in the program shall include all of the
following (1) The extent to which the applicant school district or county office
of education demonstrates the capacity and willingness to accommodate
the participation of school paraprofessionals of the school in teacher
training programs conducted at institutions of higher education.

(2) The extent to which the applicant's plan for the implementation of
its recruitment program involves the active participation of one or more
local campuses of the participating institutions of higher education in
the development of coursework and teaching programs for participating
school paraprofessionals.  Each selected school district or county office
of education shall be required to enter into a written articulation
agreement with the participating campuses of the institutions of higher
education.

(3) The extent to which the applicant's plan for recruitment attempts
to meet the demand for bilingual-crosscultural teachers.

(4) The extent to which the applicant's plan for recruitment attempts
to meet the demand for multiple subject credentialed teachers
interested in teaching kindergarten or any of grades 1 to 3, inclusive.  For
purposes of this paragraph, each paraprofessional selected to participate
shall have completed at least two years of undergraduate college or
university coursework and shall have demonstrated an interest in obtaining a
multiple subject teaching credential for teaching kindergarten or any of
grades 1 to 3, inclusive.

(5) The extent to which the applicant's plan for recruitment attempts
to meet the demand for special education teachers.

(6) The extent to which the applicant's plan for recruitment includes
a developmentally sequenced series of job descriptions that lead from
an entry-level school paraprofessional position to an entry-level
teaching position in that school district or county office of education.

(7) The extent to which the applicant's plan for recruitment attempts
to meet its own specific teacher needs.

(8) The extent to which the applicant's plan for implementation of its
recruitment program involves participation in a district internship program
pursuant to Sections 44325, 44326, 44327, 44328, and 44830.3 or a university
internship program pursuant to Article 3 (commencing with Section 44450) of
Chapter 3.

(c) Each selected school district or county office of education shall
provide information and assistance to each school paraprofessional it
recruits under the program regarding admission to a teacher training
program.

(d) (1) The school district or county office of education shall
recruit and organize groups, or "cohorts," of school paraprofessionals, of
no more than 30, and no less than 10, in each cohort.  Cohorts shall be
organized to consist of school paraprofessionals having approximately equal
academic experience and qualifications, as determined by the school district
or county office of education.  To the extent possible, the members of
each cohort shall proceed through the same subject matter and credential
programs.  The members of each cohort shall enroll in the same campus, and shall be
provided by the school district or county office of education with appropriate
support and information throughout the course of their studies.

(2) Each school district or county office of education shall certify
that it has received a commitment from each member of a cohort that he or she
will accomplish all of the following (A) Graduate from an institution of
higher education under the program with a bachelor's degree.

(B) Complete all of the requirements for and obtain a multiple
subject, single subject, or education specialist teaching credential.

(C) Complete one school year of classroom instruction in the district
or county office of education for each year that he or she receives
assistance for books, fees, and tuition while attending an institution of higher
education under the program.

(3) To the extent that any participant does not fulfill his or her
obligations, as set forth in paragraph (2), the participant shall be required to
repay the assistance.

(e) The commission shall contract with an independent evaluator with
a proven record of experience in assessing career-advancement
programs or teacher training programs to determine the success of the
recruitment programs established pursuant to subdivision (b).  The evaluation
shall be made on an annual basis and shall include, but not be limited to, all
of the following (1) The total cost per person participating in the
program who successfully obtains a teaching credential, based upon all
state, local, federal, and other sources of funding.

(2) The economic status of persons participating in the pilot
program.

(3) A description of financial and other resources made available to
each recruitment program by participating school districts or county
offices of education, institutions of higher education, and other
participating organizations.

(4) The extent to which pupil performance on standardized
achievement tests has improved in classes taught by teachers who have
successfully completed the program, in comparison to classes taught by other
teachers who have equivalent teaching experience.

(5) The extent to which pupil dropout rates and other measures of
delinquency have improved in classes taught by teachers who have successfully
completed the program.

(6) The extent to which teachers who have successfully completed the
program remain in the communities in which they reside and in which they
teach.

(7) The attrition rate of teachers who have successfully completed
the program.

(f) Each selected school district or county office of education shall
report to the commission regarding the progress of each cohort of school
paraprofessionals, and other information regarding its recruitment program as the
commission may direct.

(g) No later than January 1, 1998, and annually thereafter, the
commission shall report to the Legislature regarding the status of the pilot
program, including, but not limited to, the number of school
paraprofessionals recruited, the academic progress of the school paraprofessionals
recruited, the number of school paraprofessionals recruited who are
subsequently employed as teachers in the public schools, the degree to which the
program meets the demand for bilingual and special education teachers, the
degree to which the program or similar programs can meet that demand if
properly funded and executed, and other effects upon the operation of the
public schools.

(h) It is the intent of the Legislature that, commencing with the
1997-98 fiscal year, and each fiscal year thereafter, funding for the
California School Paraprofessional Teacher Training Program be allocated to
the Commission on Teacher Credentialing for grants to school districts
pursuant to this section.  In no case shall grants to any school district exceed
the equivalent of three thousand dollars ($3,000) annually per
paraprofessional in the program.  Funding for grants to school districts pursuant to
this subdivision, shall be contingent upon an appropriation in the annual
Budget Act.

(Amended by Stats. 2001, Ch. 342, Sec. 27.)

Reference:
Education Code 44325
Education Code 44326
Education Code 44327
Education Code 44328
Education Code 44830.3
Education Code 44450





 44395


National Board for Professional Teaching Standards Certification
Incentive Program
 (a) The National Board for Professional Teaching Standards
Certification Incentive Program is hereby established to award grants to school
districts for the purpose of providing awards to teachers who are employed by
school districts or charter schools, are assigned to teach in California
public schools, and have attained certification from the National Board for
Professional Teaching Standards.  The following awards shall be granted to the
extent that funds have been appropriated for this purpose in the annual
Budget Act:

(1) A teacher attaining national board certification shall be
eligible for a one-time merit award of ten thousand dollars ($10,000), except
as specified in paragraph (2).

(2) In addition to the award specified in subdivision (1), commencing
July 1, 2000, any teacher who has attained certification from the National
Board for Professional Teaching Standards is eligible to receive an award
of up to twenty thousand dollars ($20,000) if he or she agrees to teach at a
low-performing school for at least four years.  Teaching service before July 1, 2000,
may not be counted towards satisfaction of this four-year commitment.
Awards granted pursuant to this subdivision shall be disbursed in annual
payments of five thousand dollars ($5,000) over a four-year period. The annual
payment shall be made upon completion of the school year, and upon approval of a
district-certified application pursuant to the guidelines of subdivision (c) of Section
44396.

(b) The State Department of Education shall administer the awards
authorized by subdivision (a), and shall develop, in consultation with the
Commission on Teacher Credentialing, certification and award information,
criteria, procedures, and applications, all of which shall be submitted to the
State Board of Education for approval. Amendments requested by the State
Board of Education to that information, criteria, procedures, and
applications shall be made before the dissemination of the material and the
granting of any award under this article.

(c) The State Department of Education shall distribute the materials
described in subdivision (b) to school districts.  Each school district is
strongly encouraged to ensure that teachers employed by the district or by
charter schools affiliated with the district are informed about the program
and can acquire the necessary application and information materials.

(d) School districts are encouraged to provide for adequate release
time and support for a teacher to complete the certification process.  As a
condition to providing that release time and support, a school district may
require that a teacher serve in a mentor teacher capacity.

(e) The State Department of Education may provide fee assistance from
funds appropriated in the annual Budget Act for the National Board for
Professional Teaching Standards Certification Program to defray the fees of
teachers seeking certification from the National Board for Professional
Teaching Standards.  The State Department of Education may provide fee
assistance of up to one thousand dollars ($1,000) for each teacher, not to exceed a
total of two million dollars ($2,000,000).

(f) For purposes of this article, the following definitions apply:

(1) "School district" means school district, county board of
education, county superintendent of schools, a state operated program, such as a
special school, or an education program providing instruction in
kindergarten or any of grades 1 to 12, inclusive, that is offered by a state agency,
including the California Youth Authority and the State Department of
Developmental Services.

(2) "Low-performing school" means a school in the bottom half of all
schools based on the Academic Performance Index rankings established
pursuant to subdivision (a) of Section 52056.  This designation shall be
determined as of the date of the agreement by the teacher in paragraph (2) of
subdivision (a) of this section.

(Amended by Stats. 2000, Ch. 70, Sec. 4.)





 44395.5


National Board for Professional Teaching Standards Certification
Incentive Program
 For the purposes of paragraph (1) of subdivision (a) of Section 44395,
"assigned to teach" as used in subdivision (a) of that section may include, but is
not limited to, a teacher leadership role as a peer assistance and review
coach, mentor, or other teacher support provider if the position does not
require an administrative credential.  In order to be eligible for an award
pursuant to paragraph (1) of subdivision (a) of Section 44395, a teacher shall
be assigned to teach for at least 50 percent of a full-time position.

(Added by Stats. 2001, Ch. 734, Sec. 25.)

Reference:
Education Code 44395



 44396


National Board for Professional Teaching Standards Certification
Incentive Program
 (a) (1) To the extent that funds are available for that purpose, a
teacher who meets the criteria approved by the State Board of Education
pursuant to subdivision (b) of Section 44395 is eligible and may apply for an
award by following the procedures and instructions developed pursuant to
that subdivision.

(2) A teacher who attained certification from the National Board for
Professional Teaching Standards before the effective date of the act adding this
section and who was employed by a school district or charter school and
assigned to teach in a California public school on the date of certification may
apply for an award authorized pursuant to this article if he or she meets all
the other requirements for that award specified by this article.  For
awards pursuant to this subdivision, teaching service before July 1, 2000,
may not be counted toward satisfaction of the teacher's four-year
agreement to teach in a low-performing school.

(b) Teachers shall submit their applications for an award authorized
by this article to the school district employing them. Teachers
employed by a charter school shall submit their application through the school
district granting the school's charter.

(c) When a school district receives an application for an award
authorized by this article, it shall certify that the applicant is employed by the
district or a charter school operating under a charter granted by the school
district and that the applicant has met all the criteria established pursuant
to subdivision (b) of Section 44395.  The school district shall then
submit the application to the State Department of Education for its review
and approval.

(d) The State Department of Education shall approve applications
that meet the criteria established pursuant to subdivision (b) of Section
44395. To the extent funds are available, the State Department of Education
shall apportion funds to the appropriate school districts in the amount of
the award authorized by Section 44395 for each approved application.  The
school district shall use funds apportioned to it pursuant to this
subdivision to provide the amount of the award authorized by subdivision (a) of
Section 44395 to each teacher whose application is approved.

(Amended by Stats. 2000, Ch. 70, Sec. 5.)






 44398


National Board for Professional Teaching Standards Certification
Incentive Program
 Notwithstanding any provision of law except Sections 44332.6,
44340, 44346.1, and 44830.1, a teacher who is licensed to teach in a state
other than California and who is certified by the National Board for
Professional Teaching Standards shall be issued a clear teaching credential
authorizing the teacher to teach in the subject area in which the teacher has
received national certification.

(Amended by Stats. 2000, renumbered from 44397, Ch. 70, Sec. 6.)





 44399


National Board for Professional Teaching Standards Certification
Incentive Program
 Notwithstanding any provision of law, except Sections 44332.6,
44340, 44346.1, and 44830.1, the commission shall issue a professional
clear credential to the holder of a preliminary multiple subject, single
subject, or education specialist teaching credential who attains
certification from the National Board for Professional Teaching Standards.  The
professional clear credential issued pursuant to this section shall authorize the
holder to teach in the area that the commission determines is equivalent to
the certificate field in which the teacher received certification from
the National Board for Professional Teaching Standards.

(Added by Stats. 2001, Ch. 342, Sec. 28.)

Reference:
Education Code 44332.6
Education Code 44340
Education Code 44346.1
Education Code 44830.1



Education Code
EC 44400

Article 13.  California Mathematics Initiative for Teaching
The California Mathematics Initiative for Teaching is hereby
established for the general purpose of increasing the number of teachers who are
competent and certificated to teach mathematics in public elementary and
secondary schools in this state.  The California Mathematics Initiative for
Teaching has the purpose of providing financial incentives for as many
individuals as possible to meet state teacher preparation standards and earn
credentials, authorizations, and concentrations to teach mathematics in
elementary and secondary schools. The California Mathematics Initiative for
Teaching includes the following specific purposes and objectives:

(a) Provide resources so that as many individual teachers as possible
become qualified and certificated to teach mathematics by pursuing a
variety of alternative routes pursuant to this code.

(b) Highlight the severe shortage of qualified teachers of
mathematics and the detrimental effects of this shortage, publicize the multiple
ways in which mathematics teaching standards can be met, and focus
attention on the increased availability of qualified, certificated teachers
as a result of this initiative.

(c) Rely as much as possible on existing programs, structures, and
systems to identify potential teachers of mathematics and to provide for
their preparation and certification in mathematics and mathematics
teaching.

(d) Facilitate the effective utilization of qualified teachers of
mathematics in the elementary and secondary schools, and reduce the numbers of
mathematics teaching positions that are filled by the use of emergency permits and
credential waivers in mathematics.

(Added by Stats. 1998, Ch. 545, Sec. 2.)



Education Code
EC 44401

California Mathematics Initiative for Teaching
For the purposes of this article, the following terms have the
following meanings unless the context in which they appear clearly requires
otherwise:

(a)  "Grant recipients" means school districts and county
superintendents of schools that accept and receive grants of funds from the Commission
on Teacher Credentialing for the California Mathematics Initiative
for Teaching.

(b) "Program participants" means individuals who accept and receive
financial assistance from grant recipients for the California Mathematics
Initiative for Teaching.

(c) "Financial assistance" means an award of funds by a grant
recipient to a program participant for the purpose of paying for tuition,
academic fees, and the cost of textbooks in courses or programs to meet state
teacher preparation standards and earn a credential, concentration, or
supplementary authorization in mathematics.

(d) "Loan forgiveness program" means a program administered by a
grant recipient under which a grant recipient awards financial assistance
in the form of a loan that shall be completely forgiven when the program
participant meets the mathematics teaching obligation specified in this
article.

(Added by Stats. 1998, Ch. 545, Sec. 2.)



Education Code
EC 44402

California Mathematics Initiative for Teaching
(a) The California Mathematics Initiative for Teaching shall be
administered by the Commission on Teacher Credentialing in accordance with this
article and other applicable laws and regulations.  The commission shall
award grants to school districts, county superintendents of schools, and
consortia composed of school districts.  A county superintendent of schools may
apply for a grant on behalf of programs and school districts within the
jurisdiction of the county superintendent of schools.  The commission shall
encourage participation in the program by small, remote school districts and
county superintendents of schools by encouraging the formation of regional
consortia and by requiring the central sponsors of these consortia to perform
all responsibilities related to local program administration.
Participation in the California Mathematics Initiative for Teaching is voluntary
on the part of a school district or county superintendent of schools.  A
school district, county superintendent of schools, or regional consortia
shall establish its eligibility to participate by submitting to the
commission a local plan to increase the number of teachers who are qualified and
certificated in mathematics.  Based on the availability of funds and the relative
quality of local plans, the commission shall determine the number of grants to
award and the amount of each grant pursuant to subdivision (b).

(b) In awarding grants pursuant to this article, the commission shall
develop funding criteria and award grants to maximize the number of program
participants who earn credentials, concentrations, or authorizations in
mathematics as cost effectively as possible.

(c) The commission shall establish standards for supplementary
authorizations, including supplementary authorizations in mathematics.  The
standards for supplementary authorizations shall emphasize, among other
priorities, the importance of increasing the achievement of low-performing
pupils.  The commission recognize, for the purpose of awarding supplementary
authorizations, including supplementary authorizations in  mathematics,
completion of a highly intensive program of teacher preparation which may
include, but need not be limited to, a local subject matter program such as the
California Mathematics Project created pursuant to Chapter 196 of the Statutes
of 1982, provided that the program satisfies the applicable standards
of the commission.

(d) The commission shall develop criteria for the distribution of
financial assistance by school districts and county superintendents of
schools to enable program participants to meet the applicable mathematics
teaching credential standards.  The criteria shall require in school
districts and counties where program funding is insufficient to meet the needs
of all applicants that the financial need of teachers who apply for
financial assistance shall be a factor in the selection of program participants
by school districts and county superintendents of schools.  The
criteria shall also establish the following priorities for the selection of
program participants by grant recipients:

(1) First priority shall be given to current certificated teachers
who are teaching mathematics but have not earned mathematics
credentials, authorizations, or concentrations.

(2) Second priority shall be given to current certificated teachers
who are teaching nonshortage subjects but have not earned mathematics
credentials, authorizations, or concentrations.

(e) The recipients of grants shall monitor the progress of each
program participant toward meeting the standards for teaching mathematics
and shall submit a report to the commission on the progress of each
participant in accordance with procedures established by the commission.

(f) A participant in the California Mathematics Initiative for
Teaching shall teach mathematics for one year in a public elementary or
secondary school for each multiple of two thousand five hundred dollars
($2,500) of financial assistance that the program participant receives and
accepts pursuant to this article.  The  commission shall determine equitable
teaching obligations for participants who receive and accept a total of
financial assistance that is not an even multiple of two thousand five hundred
dollars ($2,500) and shall determine how to count part-time teaching of
mathematics in fulfillment of the teaching obligation.  School districts may
require program participants to fulfill the teaching obligation in one or
more schools that are under the jurisdiction of the school district or
county superintendent of schools that awarded the financial assistance to
the program participant and shall begin to fulfill that obligation in
consecutive school years immediately after the participant earns a mathematics
teaching credential, authorization, or concentration unless an exceptional
circumstance, as defined by the commission and approved by the grant recipient,
prevents the participant from meeting this requirement.

(g)  Recipients of financial assistance who do not fulfill their
teaching obligation in accordance with subdivision (f) shall repay to the
commission or an agency named by the commission all funds received pursuant to
this article in accordance with procedures established by the
commission.  Each report submitted to the commission pursuant to subdivision (e)
shall include detailed information regarding the fulfillment and
nonfulfillment of the teaching obligation by each recipient of financial assistance
and the location of each noncompliant program participant.

(h)  A program participant shall be eligible for financial assistance
for no more than four consecutive academic years, for a total amount of
financial assistance not to exceed seven thousand five hundred dollars
($7,500).  A program participant may utilize financial assistance to pay for
tuition, academic fees and the cost of textbooks in courses or programs that
will enable the program participant to earn a credential, concentration,
or supplemental authorization in mathematics.  A grant recipient may
arrange to pay tuition and academic fees directly to the institution or other
agency that provides instruction to program participants.  A grant
recipient shall document the tuition, academic fees, and textbook costs of each
program participant and shall include this information in each report
submitted pursuant to subdivision (e).

(Added by Stats. 1998, Ch. 545, Sec. 2.)



Education Code
EC 44403

California Mathematics Initiative for Teaching
The commission shall, on or before January 1, 2004, submit to the
education policy committees of the Legislature, the Legislative Analyst, and
the Department of Finance a summative report of the effects of this
article.  The report shall include recommendations regarding the
continuation, modification, or termination of the program.  Subject to an
appropriation of sufficient funds to the commission for this purpose, the
commission shall base its report on an evaluation of the California Mathematics
Initiative for Teaching by an independent contractor selected in consultation
with the office of the Legislative Analyst.  If, in the judgment of the
commission, available funds are insufficient to contract for an independent
evaluation, the commission shall base its report on information received from
school districts and county superintendents of schools pursuant to
subdivision (e) of Section 44402.

(Amended by Stats. 1999, Ch. 83, Sec. 31.)





Education Code
EC 44404

California Mathematics Initiative for Teaching
(a) A grant recipient shall expend not more than 6.5 percent of the
grant funds received pursuant to this article for purposes of local program
administration and management.

(b) Commencing with the 1999-2000 fiscal year, the commission shall
not expend more than 5 percent of the amount appropriated to it for
purposes of this chapter.

(Added by Stats. 1998, Ch. 545, Sec. 2.)



Education Code
EC 44405

California Mathematics Initiative for Teaching
This article shall become inoperative on June 30, 2004, and, as of
January 1, 2005, is repealed, unless a later enacted statute that is enacted
before January 1, 2005, deletes or extends the dates on which it becomes
inoperative and is repealed.

(Added by Stats. 1998, Ch. 545, Sec. 2.)



Education Code
EC 44420

Chapter 3. Certificated Employees, Article 1. Revocation and
Suspension of Certification Documents
 (a) If any person employed by a school district in a position requiring
certification qualifications refuses, without good cause, to fulfill a valid
contract of employment with the district or leave the service of the district
without the consent of the superintendent, if any, or the governing board, of
the district except in the manner provided for by law, the commission may,
after proof of this fact is made to it, take an adverse action on the
credential holder but may not suspend the credential for more than one year or
revoke the credential.

(b) If the credentials issued to the person by the commission have been
subject to adverse action pursuant to subdivision (a), the commission may, if
the credentials again become subject to suspension under this section,
suspend the credentials for not more than two years.

(c) The commission shall investigate allegations brought under this
section in accordance with Section 44242.5.

(Amended by Stats. 2001, Ch. 342, Sec. 29.)

Reference:
Education Code 44242.5




Education Code
EC 44421

Commission for Teacher Preparation and Licensing
The Commission for Teacher Preparation and Licensing shall
privately admonish, publicly reprove, revoke or suspend for immoral or
unprofessional conduct, or for persistent defiance of, and refusal to obey, the laws
regulating the duties of persons serving in the public school system, or for any
cause which would have warranted the denial of an application for a
credential or the renewal thereof, or for evident unfitness for service.

(Amended by Stats. 1994, Ch. 681, Sec. 6.)




Education Code
EC 44421.1

Use of student records to attempt to recruit student as a business
customer
 (a) Notwithstanding Section 44421, the commission shall take an
appropriate adverse action on any credential holder who knowingly and willfully
uses school records of pupil data in connection with, or implicitly or
explicitly attempts to recruit a pupil to be a customer for, any business owned by
the credential holder or in which the credential holder is an employee.

(b) The commission shall investigate allegations brought under this
section in accordance with Section 44242.5.

(Amended by Stats. 2001, Ch. 342, Sec. 30.)

Reference:
Education Code 44421
Education Code 44242.5




Education Code
EC 44421.5

Reporting false fiscal expenditure data
(a) Notwithstanding Section 44421, the commission shall take an
appropriate adverse action on any credential holder who knowingly and willfully
reports false fiscal expenditure data relative to the conduct of any
educational program.

(b) The commission shall investigate allegations brought under this
section in accordance with Section 44242.5.

(Amended by Stats. 2001, Ch. 342, Sec. 31.)

Reference:
Education Code 44421
Education Code 44242.5




Education Code
EC 44422

Immoral or unprofessional conduct
Whenever the holder of any credential issued by the State Board of
Education or the Commission for Teacher Preparation and Licensing is charged
with immoral or unprofessional conduct or evident unfitness for service
or persistent defiance of, and refusal to obey, the laws regulating the
duties of his position, the commission in its discretion after notifying the
person charged of its intention to do so, may require the county board of
education of the county in which he is serving or has last served to give notice of,
and conduct, a hearing of the charges in the manner prescribed by law for
the hearing of charges for private admonition, or for the revocation or
suspension of a certificate by a county board of education.

The county board of education, after the hearing, shall report to the
commission its findings, and a summary of the evidence, and shall make a definite
recommendation concerning the revocation or suspension of the credential.

Upon receipt of a copy of the findings, summary of evidence, and
recommendation, the commission may privately admonish the holder of the credential,
or suspend or revoke the credential for the causes stated, or order the
charges dismissed.

(Amended by Stats. 1980, Ch. 956, Sec. 6.)




Education Code
EC 44423

Holders written request for revocation
(a) Whenever the holder of any credential issued by the commission
requests in writing that the credential held by him or her be revoked, the
commission shall revoke the credential.

(b) Notwithstanding a revocation pursuant to subdivision (a), the
commission shall retain its authority to act under subdivision (b) of Section
44440.

(Amended by Stats. 2001, Ch. 342, Sec. 32.)

Reference:
Education Code 44440




Education Code
EC 44424

Conviction of certain Penal Code Sections ground for revocation
(a) Upon the conviction of the holder of any credential issued by the
State Board of Education or the Commission on Teacher Credentialing of a
violation, or attempted violation, of a violent or serious felony as described in
Section 44346.1, or any one or more of Penal Code Sections 187 to 191,
inclusive, 192 insofar as this section relates to voluntary manslaughter, 193,
194 to 217.1, inclusive, 220, 222, 244, 245, 261 to 267, inclusive, 273a,
273ab, 273d, 273f, 273g, 278, 285 to 288a, inclusive, 424, 425, 484 to 488,
inclusive, insofar as these sections relate to felony convictions, 503 and 504,
or of any offense involving lewd and lascivious conduct under Section
272 of the Penal Code, or any offense committed or attempted in any other
state or against the laws of the United States which, if committed or
attempted in this state, would have been punished as one or more of the offenses
specified in this section, becoming final, the commission shall forthwith
revoke the credential.

(b) Upon a plea of nolo contendere as a misdemeanor to one or more of the
crimes set forth in subdivision (a), all credentials held by the respondent
shall be suspended until a final disposition regarding those credentials
is made by the commission.  Any action  that the commission is permitted to
take following a conviction may be taken after the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of sentence and
the time for appeal has elapsed or the judgment of conviction has been
affirmed on appeal, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code.

(c) The commission shall revoke a credential issued to a person whose
employment has been denied or terminated pursuant to Section 44830.1.

(d) Notwithstanding subdivision (a), a credential shall not be
revoked solely on the basis that the applicant or holder has been convicted of a
violent or serious felony if the person has obtained a certificate of
rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01)
of Title 6 of Part 3 of the Penal Code.

(Amended by Stats. 2000, Ch. 135, Sec. 44.)

Reference:
Education Code 44346.1
Education Code 44830.1
Penal Code 187
Penal Code 191
Penal Code 192
Penal Code 193
Penal Code 194-217.1
Penal Code 220
Penal Code 222
Penal Code 244
Penal Code 245
Penal Code 261-267
Penal Code 272
Penal Code 273a
Penal Code 273ab
Penal Code 273d
Penal Code 273f
Penal Code 273f
Penal Code 273g
Penal Code 278
Penal Code 285-288a
Penal Code 424
Penal Code 425
Penal Code 484-488
Penal Code 503
Penal Code 504
Penal Code 1203.4
Penal Code 4852.01

Education Code
EC 44425

Suspension and or revocation; sexual or controlled substance offense
Whenever the holder of any credential issued by the State Board of
Education or the Commission on Teacher Credentialing has been convicted of any
sex offense as defined in Section 44010 or controlled substance offense
as defined in Section 44011, the commission shall forthwith suspend the
credential. If the conviction is reversed and the holder is acquitted of the
offense in a new trial or the charges against him or her are dismissed, the
commission shall forthwith terminate the suspension of the credential. When the
conviction becomes final or when imposition of sentence is suspended, the
commission shall forthwith revoke the credential. Notwithstanding any other
law, revocation shall be final without possibility of reinstatement of
the credential if the conviction is for a felony sex offense, as defined in
Section 44010, or a felony controlled substance offense, as defined in
Section 44011, in which an element of the controlled substance offense is
either the distribution to, or use of a controlled substance by, a minor.

Upon a plea of nolo contendere to any sex offense specified in Section
44010, which plea does not constitute a conviction pursuant to Section 1016
of the Penal Code, all credentials held by the respondent shall be
suspended until a final disposition regarding those credentials is made by the
commission. Any action that the commission is permitted to take following a
conviction may be taken after the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal has
elapsed or the judgment of conviction has been affirmed on appeal,
irrespective of a subsequent order under the provisions of Section 1203.4 of the
Penal Code.

(Amended by Stats. 1994, Ch. 376, Sec. 1.)

Reference:
Education Code 44010
Education Code 44011
Penal Code 1016
Penal Code 1203.4




Education Code
EC 44425.5

Revocation of credential; insanity
Whenever the holder of any credential issued by the State Board of
Education or the Commission on Teacher Credentialing is found to be insane, by a
federal court or a court in this or any other state, the commission shall
immediately revoke all credentials held by the person.

Notwithstanding any other provision of law, revocation shall be
final without possibility of reinstatement of the credentials if the
holder of the credential is charged with a felony sex offense, as defined in
Section 44010, a felony controlled substance offense, as defined in Section
44011, in which an element of the controlled substance offense is either the
distribution to, or use of a controlled substance by, a minor, or murder, as defined
in Section 187 of the Penal Code, and, in response to the charge, the
holder of the credential is found to be insane through a criminal proceeding
by a federal court or a court in this or any other state.

(Added by Stats. 1995, Ch. 140, Sec. 2.)

Reference:
Education Code 44010
Education Code 44011
Penal Code 187




Education Code
EC 44426

Sexual psychopath; suspension of credential
Whenever the holder of any credential issued by the State Board of
Education or the Commission for Teacher Preparation and Licensing has been
determined to be a sexual psychopath under the provisions of Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code or under similar provisions of law of any other state, the
commission shall forthwith suspend the credential. If the determination is
reversed and the holder is determined not be a sexual psychopath in a new
proceeding or the proceeding to determine whether he is a sexual psychopath is
dismissed, the commission shall forthwith terminate the suspension of the
credential. When the determination becomes final, the commission shall
forthwith revoke the credential.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Welfare and Institutions Code 6300




Education Code
EC 44427

County boards authority to revoke or suspend
County boards of education may revoke or suspend, for immoral or
unprofessional conduct, evident unfitness for teaching, or persistent defiance of,
and refusal to obey the laws regulating the duties of, teachers, the
certificates granted by them.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44428

Hearing required
No certificate shall be revoked or suspended, except upon the written
request of its holder, until after a hearing before the county board of
education, and then only upon the affirmative vote of at least four members of the
board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44429

Changes to be presented in writing and verified under oath
All charges of immoral or unprofessional conduct, of evident
unfitness for teaching, or persistent defiance of, and refusal to obey the laws
regulating the duties of teachers, shall be presented to the board in writing and
shall be verified under oath.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44430

Notice of hearing
Notice of the time of hearing and a full and complete copy of the charges
shall be furnished to the accused at least 10 days before the hearing.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44431

Right to be represented by counsel
The accused shall be given a fair and impartial hearing and shall have
the right to be represented by counsel.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44432

Hearing conduct
The hearing shall be governed by and conducted under the rules of the
board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44433

Leaving before end of term without board consent
If any teacher employed by a board of school trustees for a specified
time, leaves the school before the expiration of the time, without the
consent of the trustees, in writing, the teacher is guilty of unprofessional
conduct, and the board of education of the county, upon receiving notice of the
fact, may suspend the certificate of the teacher for the period of one year.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44434

City or city and county board may recommend revocation
Each city or city and county board of examination may for immoral and
unprofessional conduct, profanity, intemperance, or evident unfitness for
teaching, recommend to the city or city and county board of education, the
revocation of any certificate previously granted by the board of education in the
city or city and county.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44435

After final conviction; certificate revoked
Upon the becoming final of the conviction of the holder of a
certificate issued by a county board of education of a violation or attempted
violation of any one or more of Penal Code Sections 187 to 191, 192 insofar as said
section relates to voluntary manslaughter, 193, 194 to 232, inclusive, 244,
245, 261 to 267, inclusive, 273a, 273f, 273g, 278, 285 to 288a, both
inclusive, 424, 425, 484 to 488, both inclusive, insofar as said sections relate
to grand theft, 503 and 504, or of Penal Code Section 272, the county board
of education shall forthwith revoke the certificate.

(Amended by Stats. 1976, Ch. 1011.)

Reference:
Penal Code 187-191
Penal Code 192
Penal Code 193
Penal Code 194-232
Penal Code 244
Penal Code 245
Penal Code 261-267
Penal Code 272
Penal Code 273a
Penal Code 272f
Penal Code 273g
Penal Code 278
Penal Code 285-288a
Penal Code 424
Penal Code 425
Penal Code 484-488
Penal Code 503
Penal Code 504




Education Code
EC 44436

Conviction of sexual or controlled substance offense; revocation of
certificate
 Whenever the holder of a certificate issued by a county board of
education has been convicted of any sex offense as defined in Section 44010 or
controlled substance offense as defined in Section 44011, the county board of
education shall forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of the offense in a new trial or the charges
against him or her are dismissed, the board shall forthwith terminate the
suspension of the certificate. When the conviction becomes final or when
imposition of sentence is suspended, the board shall forthwith revoke the
certificate.

(Amended by Stats. 1984, Ch. 1635, Sec. 28.)

Reference:
Education Code 44010
Education Code 44011




Education Code
EC 44437

Sexual psychopath; revocation of certificate
Whenever the holder of a certificate issued by a county board of
education has been determined to be a sexual psychopath under the provisions of
Article 1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of the
Welfare and Institutions Code or under similar provisions of law of any other
state, the county board of education shall forthwith suspend the
certificate. If the determination is reversed and the holder is determined not to be
a sexual psychopath in a new proceeding or the proceeding to determine
whether he is a sexual psychopath is dismissed, the board shall forthwith
terminate the suspension of the certificate. When the determination becomes
final, the board shall forthwith revoke the certificate.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Welfare and Institutions Code 6300



Education Code
EC 44438

Private admonition
(a) "Private admonition," as used in this article and in Article 3
(commencing with Section 44240) of Chapter 2, is a warning, in writing, to the
applicant or credential holder that states in ordinary and concise language the
act or omission of the applicant or credential holder and further states
that repetition of such act or omission may result in denial, suspension,
or revocation of the credential.

(b) The private admonition shall be included in the applicant's or
credential holder's file, maintained by the commission.

(c) The applicant's or credential holder's employer at the time of
admonition shall receive a copy of the admonition and shall not make such copy
accessible or disclose the contents thereof, unless the applicant or credential
holder consents, in writing, thereto.

(d) For purposes of Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the private admonition is deemed a
personnel record within the meaning of subdivision (c) of Section 6254 of the
Government Code.

(e) The commission and the applicant's or credential holder's
employer shall expunge all records pertaining to the private admonition
maintained in his or her files pursuant to subdivisons (b) and (c) at the
expiration of three years, so long as there is no recurrence of such an offense.

(Amended by Stats. 1983, Ch. 854, Sec. 2.)

Reference:
Education Code 44240
Government Code 6250
Government Code 6254




Education Code
EC 44439

Subversion of licensing exam
The commission may take an adverse action on the ground that an
applicant or credential holder has subverted or attempted to subvert any
licensing examination or the administration of an examination, including, but
not limited to (a) Conduct that violates the security of the examination
materials; removing from the examination room any examination materials; the
unauthorized xerographic, photographic, or other mechanical reproduction of any
portion of the actual licensing examination; aiding by any means the
unauthorized xerographic, photographic, or other mechanical reproduction of any
portion of the actual licensing examination; paying or using professional or
paid examination-takers for the purpose of reconstructing any portion of
the licensing examination; obtaining examination questions or other
examination material, except by specific authorization either before, during,
or after an examination or use or purport to use any examination
questions or materials which were improperly removed or taken from any
examination for the purpose of instructing or preparing applicants for
examinations; or selling, distributing, buying, receiving or having unauthorized
possession of any portion of a future, current, or previously administered
licensing examination.

(b) Conduct that violates the standard of examination
administration; communicating with any other examinee during the administration of a
licensing examination; copying answers from another examinee or permitting
one's answers to be copied by another examinee; having in one's possession
during the administration of the licensing examination any books,
equipment, notes, written or printed materials, or data of any kind, other than
the examination materials distributed, or otherwise authorized to be in
one's possession during the examination; or impersonating any examinee or
having an impersonator take the licensing examination on one's behalf.

(c) The commission shall investigate allegations brought under this
section in accordance with Section 44242.5.

(Amended by Stats. 2001, Ch. 342, Sec. 33.)

Reference:
Education Code 44242.5





Education Code
EC 44440

Withdrawal of application under review
(a) No applicant who is under review by the commission shall be allowed
to withdraw his or her application for a credential without the written
consent of the commission.  The commission shall retain its authority over
those applicants to proceed with the denial of the credential upon any
ground provided by law, or to enter an order denying the credential upon any
ground provided by law.

(b) The suspension or expiration of any credential, its surrender
without the written consent of the commission, or a revocation pursuant to
Section 44423 does not deprive the commission of its authority to do any of the
following (1) Institute or continue a disciplinary proceeding against the
credential holder upon any ground provided by law.

(2) Enter an order suspending or revoking the credential.

(3) Issue a public reproval or private admonition to the credential
holder.

(Amended by Stats. 2001, Ch. 342, Sec. 34.)




Education Code
EC 44450

Article 3. Teacher Education Internship Act of 1967
This article shall be known and may be cited as the Teacher Education
Internship Act of 1967.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44451

Legislative intent
The intent of the Legislature in enacting this article is to increase
the effectiveness of teachers and other professional school service
personnel in the public schools of California by placing theory and practice as
closely together as possible in college and university programs for the
preparation of teachers and professional school service personnel. The Teacher
Education Internship Act of 1967 is enacted to encourage the development and
maintenance of preparation programs that are realistic and practical in content
and theory and are directly related to the individual functions and
responsibilities practitioners in the public schools of California face. The
desirability of joining theory and practice during the learning period has been
demonstrated amply in teaching internship programs during the past several years
both within and without the state.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44452

Internship program
Any school district may, in cooperation with an approved college or
university, establish a teacher education internship program as provided in
Section 44321, and meeting the provisions of the statutes and of the
regulations of the Commission on Teacher Credentialing.

(Amended by Stats. 2001, Ch. 342, Sec. 35.)




Education Code
EC 44453

Admission requirements
For admission to all teaching internship programs authorized by this
article, an applicant shall have a baccalaureate or higher degree from a
regionally accredited institution of postsecondary education and shall pass a
subject matter examination as provided in Section 44280 or complete a
commission approved subject matter program as provided in Section 44310.

(Amended by Stats. 2001, Ch. 342, Sec. 36.)

Reference:
Education Code 44280
Education Code 44310



Education Code
EC 44454

Internship credential
An internship credential authorizes the same service at the same
levels as the regular credential authorizes.

(Amended by Stats. 2001, Ch. 342, Sec. 37.)




Education Code
EC 44455

Internship credential
An internship credential shall be issued initially for a two-year
period and may be renewed by the commission.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44456

Renewal of internship credential
Notwithstanding Section 44455, an internship credential may be
renewed by the Commission on Teacher Credentialing if in its judgment an
applicant is unable to complete renewal requirements because of illness or
other circumstances judged to be extenuating and not within the control of
the applicant.

(Amended by Stats. 2001, Ch. 342, Sec. 38.)

Reference:
Education Code 44455

Education Code
EC 44457

Program planning
Prior to enrollment in any college or university preparation program
to renew the internship credential, appropriate personnel in the
employing school district shall counsel with the intern and a total program for
the first and subsequent renewals shall be planned. The county
superintendent of schools shall be involved in the program planning in the case of
joint recommendations.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44458

Program's primary objective
The program shall meet the instructional or service needs of the
district with the primary objective being to increase the effectiveness of the
intern in the district. Both the district and the intern shall concur in the
program planned.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44459

Cooperation of colleges or universities
The full cooperation of colleges and universities is essential if
teaching and service internship programs are to be successful. A school
district establishing an internship program shall seek the cooperation of
public and private colleges and universities, especially those within the
geographic service area of the district for the establishment of courses and
classes necessary for renewal.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44460

Intern has right to attend college of choice
The intern shall have the right to attend any regionally accredited
college or university of his choice for the completion of renewal
requirements. The success of internship programs will lie in the development of
integrated, well-organized, and sequential programs of study by cooperating
colleges and universities. When appropriate and feasible, colleges and
universities may provide off-campus programs of study for interns within the
geographic area of their employing school districts.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44461

Supervisory help and guidance
The supervisory help and guidance of interns as they pursue their
school district responsibilities are important for the success of such
programs. The utilization of competent and qualified college and university
staff members for this purpose is encouraged. To help achieve this end,
school districts, and county superintendents of schools in the case of joint
recommendations, may enter into agreements with colleges and universities for the
employment of staff for such supervision.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44462

Salary payments; interns and supervisors
Salary payments for supervision of interns may be made out of district
funds and may be met by reducing proportionately the salaries paid interns.
Under this authorization no more than eight interns may be supervised by one
staff member and the normal district salary paid each intern may be reduced
by as much as, but no more than, one-eighth to pay the salary of the
supervisor. In no event may an intern be paid less than the minimum salary required
to be paid by the state to a regularly certificated teacher.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44463

Right to change schools
An intern shall have the right to change school districts upon
completion of a school contract year and become an intern in a new school district
if recommended by the new school district. A new application
recommending issuance of a new internship credential shall be submitted by the
school district in behalf of the individual and the renewal procedures shall
be followed.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44464

Credential valid as long as intern is in good standing
An internship credential shall be valid only as long as the holder is in
good standing in the teacher internship program of the district that makes
the request, notwithstanding any provision of Section 44463, and the
rights provided by Sections 44948 and 44949 shall not be afforded to
interns.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44463
Education Code 44948
Education Code 44949




Education Code
EC 44465

Supervision and assistance
A school district shall give special supervision and assistance to
each intern above and beyond that given to other newly certificated and
newly employed school personnel. A school district shall seek the
assistance of the college or university in coordinating the program for the
intern.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44466

Interns and tenure
An intern shall not acquire tenure while serving on an internship
credential.  A person who, after completing a teaching internship program
authorized purusant to this article, is employed for at least one complete school
year in a position requiring certification qualifications by the school
district that employed the person as an intern during the immediately
preceding school year and is reelected for the next succeding school year to a
position requiring certfication qualififications shall, at the
commencement of the succeeeding school year, acquire tenure.

(Amended by Stats. 1997, Ch. 138, Sec. 2.)




Education Code
EC 44467

college and university programs
Colleges and universities may continue the development and
maintenance of internship credential programs under their own auspices seeking
the cooperation of school districts in their full implementation.

(Enacted by Stats. 1976, Ch. 1010.)





 44468


Teaching Credential Program; Internship
(a) An internship program, established pursuant to Article 7.5
(commencing with Section 44325) of Chapter 2 or this article, that is accredited by
the commission shall provide interns who meet entrance criteria and are
accepted to a multiple subject teaching credential program or a single subject
teaching credential program the opportunity to choose an early program
completion option, culminating in a five-year preliminary teaching
credential.  The early completion option shall be made available to interns who
meet the following requirements (1) Pass a written assessment that
assesses knowledge of teaching foundations, is adopted for this purpose by the
commission, and includes all of the following (A) Human development as it relates
to teaching and learning aligned with the state content and performance
standards for pupils adopted pursuant to subdivision (a) of Section 60605.

(B) Techniques to address learning differences including working
with pupils with special needs.

(C) Techniques to address working with English learners to provide
access to the curriculum.

(D) Reading instruction as set forth in paragraph (4) of subdivision
(b) of Section 44259.

(E) The assessment of pupil progress based upon the state content and
performance standards for pupils adopted pursuant to subdivision (a) of Section
60605 and planning intervention based on the assessment.

(F) Classroom management techniques.

(G) Methods of teaching the subject fields.

(2) Pass the teaching performance assessment as set forth in Section
44320.2.

(A) An intern participating in the early completion option may take
the teaching performance assessment one time only as part of the early
completion option.  An intern who takes the teaching performance assessment but
is not successful may complete his or her internship program.  Scores on
this assessment shall be used by the internship programs in providing the
individualized professional development plan for interns that emphasizes
preparation in areas where additional growth is warranted and waiving
preparation in areas where the candidate has demonstrated competence.  The intern
must retake and pass the teaching performance assessment at the end of the
internship in order to be considered for recommendation by the internship
program to the commission.

(B) Pending implementation of the teaching performance assessment,
an internship program shall provide for early recommendation of an
intern for a preliminary multiple subject teaching credential or single
subject teaching credential based upon demonstrated competence of the field
experience component of the internship program.

(3) Pass the reading instruction competence assessment described in
Section 44283, unless the written assessment adopted by the commission
pursuant to paragraph (1) is validated as covering content equivalent to the
reading assessment.

(4) Meet the requirements for teacher fitness as set forth in Sections
44339, 44340, and 44341.

(b) An intern who chooses the early completion option must first pass
the assessment required pursuant to paragraph (1) of subdivision (a) in
order to qualify to take the teaching performance assessment required
pursuant to paragraph (2) of subdivision (a).  Individuals who have passed the
written assessment may receive individualized support within the cohort
group of like individuals in preparations for the teaching performance
assessment.

(c) An intern who challenges the teacher preparation coursework by
taking the assessment described in paragraph (1) of subdivision (a)

but is not successful in passing the assessment may complete his or her
full internship program.  Scores on this assessment shall be used by the
internship program in providing the individualized professional development
plan for interns that emphasizes preparation in areas where additional
growth is warranted and waiving preparation areas where the intern has
demonstrated competence.

(d) An intern who passes the assessments described in subdivision (a)
and is recommended by the internship program to the commission is
eligible for a five-year preliminary multiple subject teaching credential or
single subject teaching credential.

(e) The commission shall issue a professional clear multiple or
single subject teaching credential to an applicant whose employing public
school district documents, in a manner prescribed by the commission, that he
or she has fulfilled the following requirements (1) Holds a preliminary
five-year teaching credential issued by the commission.

(2) Completes one of the following in accordance with the
determination of the employing public school district based upon the experience and
individual needs of the applicant (A) A program of beginning teacher support and
assessment established pursuant to Article 4.5 (commencing with Section
44279.1) of Chapter 2 of Part 24, including the California formative
assessment and support system for teachers.

(B) An alternative program of beginning teacher induction that the
commission determines, in conjunction with the Superintendent of Public
Instruction, meets state standards for teacher induction and includes the
California formative assessment and support system for teachers or an
alternative assessment deemed to meet the standards.

(3) As an alternative to the requirements in paragraph (2), an
applicant may choose to complete the California formative assessment and
support system for teachers or the equivalent at a faster pace as determined by
the Beginning Teacher Support and Assessment System program.

(Added by Stats. 2001, Ch. 269, Sec. 3.)

Reference:
Education Code 44259
Education Code 44279.1
Education Code 44283
Education Code 44320.2
Education Code 44325
Education Code 44339
Education Code 44340
Education Code 44341
Education Code 60605












 44470


Article 3.1.  Standards for Professional Development
(a) (1) The State Department of Education shall issue a request for
proposals to contract for the development of standards for professional
development for educators and instructional leaders.

(2) The standards shall present a vision of ongoing, high quality
professional development, give special attention to high need schools and school
districts, and build on existing work on quality professional development,
including the Designs for Learning system.

(3) The contractor shall also review and give consideration to other
existing professional development programs.

(4) The standards shall serve as guidelines for providers of
professional development activities and may be used to facilitate the
coordination among existing professional development programs.

(b) By January 1, 2003, the entity with which the department contracts
shall submit the standards to the Superintendent of Public Instruction for
approval after which the superintendent shall submit the standards to the
State Board of Education for approval.

(Added by Stats. 2001, Ch. 884, Sec. 2.)




 44471


Standards for Professional Development
The entity with which the State Department of Education contracts
shall convene a committee of experts in teacher development, professional
development, and instructional leadership to develop the standards and
disseminate them for field review.  The Superintendent of Public Instruction
shall determine the members of the committee of experts and shall include
one representative from the University of California and one
representative from the California State University.

(Added by Stats. 2001, Ch. 884, Sec. 2.)




 44472


Standards for Professional Development
The standards developed pursuant to this article shall meet all of the
following characteristics:

(a) Describe core concepts of high quality professional development
and differentiate, where necessary or appropriate, program qualities
for high need schools.

(b) Support respect for individual experience and adult learning
theory.

(c) Integrate the academic content standards adopted by the State
Board of Education pursuant to Section 60605 and instructional guides.

(d) Incorporate the California Standards for the Teaching
Profession adopted by the Commission on Teacher Credentialing in January 1997.

(e) Provide equitable and timely access to professional development
for all educators.

(f) Require program models and designs that include evidence based
assessment of outcomes for participants.

(g) Utilize the results of evaluation research based on models of
organizational learning and increased pupil learning to improve programs.

(h) Describe the core skills and competencies of coaches, mentors,
support providers, university supervisors, and consulting teachers.

(Added by Stats. 2001, Ch. 884, Sec. 2.)

Reference:
Education Code 60605

Education Code
EC 44490

Article 4. California Mentor Teacher Program
The Legislature recognizes that the classroom is the center of
teaching reward and satisfaction. However, the Legislature finds that many
potentially effective teachers leave the teaching profession because it does not
offer them support, assistance, recognition, and career opportunities
that they need.

It is the intent of the Legislature in the enactment of this article to
encourage teachers currently employed in the public school system to continue
to pursue excellence within their profession, to provide incentives to
teachers of demonstrated ability and expertise to remain in the public school
system, and to restore the teaching profession to its position of primary
importance within the structure of the state educational system.

(Amended by Stats. 1983, Ch. 1302, Sec. 12.)




Education Code
EC 44491

Mentor teacher qualifications
(a) There is hereby established the California Mentor Teacher
Program. On or before November 15, 1983, the Superintendent of Public
Instruction shall recommend to the State Board of Education, and on or before
January 1, 1984, the State Board of Education shall prescribe, rules and
regulations establishing guidelines for the implementation of mentor teacher
programs in school districts.

(b) The adopted rules and regulations shall specify that persons
seeking classification as a mentor teacher shall meet each of the following
qualifications:

(1) Is a credentialed classroom teacher with permanent status or, in
any school district with an average daily attendance of less than 250
pupils, is a credentialed classroom teacher who has completed at least three
consecutive school years as an employee of the district in a position requiring
certification qualifications.

(2) Has substantial recent experience in classroom instruction.

(3) Has demonstrated exemplary teaching ability, as indicated by,
among other things, effective communication skills, subject matter
knowledge, and mastery of a range of teaching strategies necessary to meet the
needs of pupils in different contexts.

(Amended by Stats. 1983, Ch. 1302, Sec. 12.5.)




Education Code
EC 44492

Allocation of funds for stipends
(a) Out of the funds available for that purpose, the superintendent
shall allocate funds to participating school districts for the purpose of
providing stipends to mentor teachers. The superintendent shall annually make
a determination as to the number of certificated classroom teachers
employed by each participating school district and may authorize the district
to designate as mentors up to 5 percent of the total number of
certificated classroom teachers in the district. Teachers designated as mentors
shall meet the minimum qualifications established by subdivision (b) of
Section 44491.

The superintendent shall increase any fraction resulting from the 5
percent calculation to the next integer, and shall allow districts that have
at least five certificated employees to designate one classroom
teacher as a mentor teacher.

(b) Each district that has less than five certificated employees
shall be eligible for an amount of funding in the mentor teacher program
computed by multiplying the number of certificated employees in the district
by 5 percent, and multiplying the result by four thousand dollars
($4,000).

(c) Out of the funds available for that purpose, the superintendent
shall, in the exercise of his or her discretion, allocate to participating
school districts an amount that the superintendent determines to be
sufficient to reimburse the necessary costs of participation in the mentor
teacher program. For purposes of this subdivision, necessary costs of
participation in the mentor teacher program shall include, but not be limited to, the
costs of employing a substitute classroom teacher, or other teachers, and
costs of administering the program.

If at the end of any fiscal year, an amount of the funds available for
purposes of this subdivision remains unallocated, the Superintendent of
Public Instruction shall utilize the unallocated amount for purposes of
subdivision (a) or (b) in the next fiscal year.

(d) Any school district may apply for and receive funds for the
purposes of this program.

School districts that operate mentor teacher programs together
under cooperative agreements or pursuant to Section 6502 of the Government
Code shall not receive entitlements from state funds in amounts above that
which each district would have received while operating its own program.

(Amended by Stats. 1987, Ch. 1452, Sec. 363.)

Reference:
Education Code 44491
Government Code 6502




Education Code
EC 44492.3

Insufficient funds
In the event that funds available for purposes of providing stipends
to mentor teachers are insufficient to provide stipends for the maximum
number of certificated classroom teachers authorized to be designated as
mentors pursuant to subdivision (a) of Section 44492, the Superintendent of
Public Instruction shall decrease the percentage multiplier established
in subdivisions (a) and (b) of Section 44492 so that the allocation and
authorized number of mentors for each participating school district would be
decreased on a pro rata basis.

(Added by Stats. 1983, Ch. 498, Sec. 28.)

Reference:
Education Code 44492




Education Code
EC 44493

Mentor teacher funds
Participating school districts receiving funding pursuant to
Section 44492 shall establish a special account exclusively for the support
of the mentor teacher program. None of the funds allocated by the
superintendent pursuant to subdivision (a) of Section 44492 for purposes of
providing stipends to mentor teachers shall be used by the participating
district for the cost of administering the program.

(Repealed and added by Stats. 1983, Ch. 498, Sec. 28.)

Reference:
Education Code 44492




Education Code
EC 44494

Allocation of fund
(a) On or before September 1 of each year, participating school
districts that receive funding pursuant to subdivision (a) of Section 44492
shall allocate no less than four thousand dollars ($4,000) to provide each
qualified mentor with an additional annual stipend over and above the regular
salary to which he or she is entitled.  The amount of the annual stipend shall be
four thousand dollars ($4,000) for a full school year of service as a
mentor, or a pro rata share of that amount for less than a full school year of
service as a mentor, except that participating school districts that receive
funding pursuant to subdivision (b) of Section 44492 shall allocate the full
amount so received to provide a qualified mentor with an additional annual
stipend over and above the regular salary to which he or she is entitled.  This
stipend shall not be counted as salary or wages for purposes of calculating
employer and employee contributions or employee benefits under the Defined
Benefit Program of the State Teachers' Retirement Plan.

(b) A mentor may propose that the district allocate all or part of the
stipend for his or her professional growth or release time.

(c) The governing board may designate certificated employees as
mentor teachers pursuant to Section 44491 and pay these persons the
additional annual stipend authorized under subdivision (a) for a period not to
exceed three consecutive school years.  Upon completing three years as a
mentor teacher, an individual may be reviewed and renominated.

(d) The subject of participation by a school district or an individual
certificated classroom teacher in a mentor teacher program shall not be included
within the scope of representation in collective bargaining among a public
school employer and eligible employee organizations.

(Amended by Stats. 1999, Ch. 939, Sec. 87.)

Reference:
Education Code 44491
Education Code 44492




Education Code
EC 44495

Selection procedures
The selection procedures for the designation of certificated
classroom teachers as mentor teachers shall, at a minimum, provide for the
following:

(a) A selection committee shall be established to nominate
candidates for selection as mentor teachers. The majority of the committee shall
be composed of certificated classroom teachers chosen to serve on the
committee by other certificated classroom teachers. The remainder of the
committee shall be composed of school administrators, chosen to serve on the
committee by other school administrators. The governing board of a
participating school district shall consider including parents, pupils, or other
public representatives in the selection process, and may, at its option,
include such persons.

(b) Candidates for mentor teacher shall be nominated by the majority
vote of the selection committee.

(c) The selection process shall include provisions for classroom
observation of candidates by administrators and classroom teachers employed by
the district.

(d) The final designation of any person as a mentor teacher shall be by
action of the governing board of the school district from persons nominated
pursuant to subdivision (b). The governing board may reject any nominations.

(Repealed and added by Stats. 1983, Ch. 498, Sec. 28.)




Education Code
EC 44496

Assignment of duties
(a) Persons designated as mentor teachers pursuant to this article
shall be assigned duties and responsibilities in accordance with the
following:

(1) The primary function of a mentor teacher shall be to provide
assistance and guidance to new teachers. A mentor teacher may also provide
assistance and guidance to more experienced teachers.

(2) Mentor teachers may provide staff development for teachers, and
may develop special curriculum.

(3) A mentor teacher shall not participate in the evaluation of
teachers.

(b) No administrative or pupil personnel services credential shall
be required of any mentor teacher. Each mentor teacher shall spend, on
the average, not less than 60 percent of his or her time in the direct
instruction of pupils.

(c) For the purposes of determining administrator-teacher ratios,
mentors shall be considered full-time teachers.

(Amended by Stats. 1983, Ch. 1302, Sec. 14.)




Education Code
EC 44497

School district
For purposes of this article, "school district" shall include county
offices of education.

(Added by Stats. 1983, Ch. 1302, Sec. 15.)




Education Code
EC 44498

Operative dates
(a) When a school district notifies the Superintendent of Public
Instruction, pursuant to subdivision (a) or (c) of Section 44505, that it plans to
implement a program pursuant to Article 4.5 (commencing with Section 44500),
this article shall not apply to that school district.  The Superintendent
of Public Instruction shall continue to apportion funding to the school
district pursuant to Sections 44492 and 44492.3 for the 1999-2000 and 2000-01
fiscal years.  The school district may use this funding for activities
necessary to implement the Peer Assistance and Review Program for Teachers, and
for purposes of subdivision (b) of Section 44506.

(b) California Mentor Teacher Program funding allocated but
unclaimed by individual local educational agencies at the end of the 1998-99 and
the 1999-2000 fiscal years shall be offset from program funds advanced
for the succeeding fiscal year, provided sufficient funds are
available.  Mentor teacher support funding that has been claimed, but remains
unexpended, may be carried over and used for purposes of the California Peer
Assistance and Review Program for Teachers (Article 4.5 (commencing with
Section 44500) of Chapter 3 of Part 25).

(c) This article shall become inoperative on July 1, 2001, and, as of
January 1, 2002, is repealed, unless a later enacted statute that is enacted
before January 1, 2002, deletes or extends the dates on which it becomes
inoperative and is repealed.

(Amended by Stats. 1999, Ch. 646, Sec. 20.1.)

Reference:
Education Code 44492
Education Code 44492.3
Education Code 44500
Education Code 44506




Education Code
EC 44500

Article 4.5.  California Peer Assistance and Review Program for
Teachers
 (a) There is hereby established the California Peer Assistance and
Review Program for Teachers.   The governing board of a school district and the
exclusive representative of the certificated employees in the school district
may develop and implement a program authorized by this article that meets
local conditions and conforms with the principles set forth in subdivision
(b).

(b) The following principles, at a minimum, shall be included in a
locally developed program authorized by this article:

(1) A teacher participant shall be a permanent employee in a school
district with 250 or greater units of average daily attendance or a permanent or
probationary employee in a school district with fewer than 250 units of average
daily attendance and volunteer to participate in the program or be referred
for participation in the program as a result of an evaluation performed
pursuant to subdivision (b) of Section 44664.  In addition, teachers receiving
assistance may be referred pursuant to a collectively bargained agreement.

(2) Performance goals for an individual teacher shall be in writing,
clearly stated, aligned with pupil learning, and consistent with Section
44662.

(3) Assistance and review shall include multiple observations of a
teacher during periods of classroom instruction.

(4) The program shall expect and strongly encourage a cooperative
relationship between the consulting teacher and the principal with respect to the
process of peer assistance and review.

(5) The school district shall provide sufficient staff development
activities to assist a teacher to improve his or her teaching skills and
knowledge.

(6) The program shall have a monitoring component with a written
record.

(7) The final evaluation of a teacher's participation in the program
shall be made available for placement in the personnel file of the teacher
receiving assistance.

(Added by Stats. 1999, Ch. 4, Sec. 3.)



Education Code
EC 44501

California Peer Assistance and Review Program for Teachers
A consulting teacher participating in a program operated pursuant to
this article shall meet locally determined criteria and each of the
following qualifications:

(a) The consulting teacher shall be a credentialed classroom teacher
with permanent status or, in a school district with an average daily
attendance of less than 250 pupils, a credentialed classroom teacher who has
completed at least three consecutive school years as an employee of the school
district in a position requiring certification qualifications.

(b) The consulting teacher shall have substantial recent experience
in classroom instruction.

(c) The consulting teacher shall have demonstrated exemplary
teaching ability, as indicated by, among other things, effective
communication skills, subject matter knowledge, and mastery of a range of teaching
strategies necessary to meet the needs of pupils in different contexts.

(Added by Stats. 1999, Ch. 4, Sec. 3.)




Education Code
EC 44502

California Peer Assistance and Review Program for Teachers
(a) The governance structure of a program designed pursuant to this
article shall include a joint teacher administrator peer review panel that
shall select  consulting teachers, review peer review reports prepared by
consulting teachers, and make recommendations to the governing board of a school
district regarding participants in the program, including forwarding to the
governing board the names of individuals who, after sustained assistance, are
not able to demonstrate satisfactory improvement.

(b) The majority of the panel shall be composed of certificated
classroom teachers chosen to serve on the panel by other certificated classroom
teachers.  The remainder of the panel shall be composed of school administrators
chosen to serve on the panel by the school district.

(c) The panel's procedures for selecting consulting teachers, at a
minimum, shall require the following:

(1) Consulting teachers shall be selected by the majority vote of the
panel.

(2) The selection process shall include provisions for classroom
observation of the candidates for  consulting teacher by the panel.

(d) The panel shall also annually evaluate the impact of the
district's peer assistance and review program in order to improve the program.
This evaluation may include, but is not limited to, interviews or surveys
of the program participants.  The panel may submit recommendations for
improvement of the program to the governing board of the school district and to the
exclusive representative of the certificated employees in the school
district, if the certificated employees in the district are represented by an
exclusive representative.

(Added by Stats. 1999, Ch. 4, Sec. 3.)




Education Code
EC 44503

California Peer Assistance and Review Program for Teachers
(a) The governing board of a school district that accepts state funds
for purposes of this article agrees to negotiate the development and
implementation of the program with the exclusive representative of the certificated
employees in the school district, if the certificated employees in the district
are represented by an exclusive representative.  In a school district in
which the certificated employees are not represented, the school district
shall develop a Peer Assistance and Review Program for Teachers consistent
with this article in order to be eligible to receive funding under this
article.

(b) Functions performed pursuant to this article by certificated
employees employed in a bargaining unit position shall not constitute either
management or supervisory functions as defined by subdivisions (g) and (m) of
Section 3540.1 of the Government Code.

(c) Teachers who provide assistance and review shall have the same
protection from liability and access to appropriate defense as other public
school employees pursuant to Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code.

(d) It is the intent of the Legislature that school districts be
allowed to combine, by mutual agreement, their programs of peer assistance
and review with those of other school districts.

(e) Not more than 5 percent of the funds received by a school district
for the Peer Assistance and Review Program for Teachers may be expended
for administrative expenses.  For the purposes of this article,
administrative expenses shall include expenditures for the personnel costs of
program administration and coordination, the cost of consulting teacher
selection, and indirect costs associated with the Peer Assistance and Review
Program for Teachers.

(Amended by Stats. 2001, Ch. 734, Sec. 26.)

Reference:
Government Code 810 et seq.
Government Code 3540.1



Education Code
EC 44504

California Peer Assistance and Review Program for Teachers
(a) Except as provided in Section 44505, the California Peer
Assistance and Review Program for Teachers shall become fully operational on
July 1, 2001, on which date it shall completely replace the California
Mentor Teacher Program established pursuant to Chapter 1302 of the Statutes
of 1983 and set forth in Article 4 (commencing with Section 44490).  This
article is applicable to all school districts that elect to receive state
funds for the California Peer Assistance and Review Program for Teachers.
Commencing with the 2001-02 fiscal year, funding shall only be made available for
purposes authorized by this article.  A school district that elects to
participate in the program established pursuant to this article shall certify to
the Superintendent of Public Instruction by August 1, 2001, that it has
implemented a Peer Assistance and Review Program for Teachers pursuant to this
article.

(b) A school district that does not elect to participate in the program
authorized under this article by July 1, 2001, is not eligible for any
apportionment, allocation, or other funding from an appropriation for the program
authorized pursuant to this article or for any apportionments, allocations, or
other funding from funding for local assistance appropriated pursuant to
Budget Act Item 6110-231-0001, funding appropriated for the Administrator
Training and Evaluation Program set forth in Article 3 (commencing with
Section 44681) of Chapter 3.1 of Part 25, from an appropriation for the
Instructional Time and Staff Development Reform Program as set forth in Article 7.5
(commencing with Section 44579) of Chapter 3, or from an appropriation for school
development plans as set forth in Article 1 (commencing with Section 44670.1) of
Chapter 3.1 and the Superintendent of Public Instruction shall not
apportion, allocate, or otherwise provide any funds to the district pursuant to
those programs.

(c) Commencing February 1, 2002, a school district that elects not to
participate in the program authorized under this article shall report annually at
a regularly scheduled meeting of the governing board of the school
district on the rationale for not participating in the program.

(Amended by Stats. 1999, Ch. 646, Sec. 20.3.)

Reference:
Education Code 44490
Education Code 44505
Education Code 44579
Education Code 44670.1
Education Code 44681




Education Code
EC 44505

California Peer Assistance and Review Program for Teachers
(a) Between July 1, 1999, and June 30, 2000, a school district may
notify the Superintendent of Public Instruction that it plans to implement,
commencing July 1, 2000, a Peer Assistance and Review Program for Teachers
pursuant to this article.  Upon receipt of the notification by the school
district, the Superintendent of Public Instruction shall apportion to the
school district two thousand eight hundred dollars ($2,800) or an amount
equal to the number of mentor teachers that the state calculated the school
district is entitled to in the 1999-2000 fiscal year pursuant to Article 4
(commencing with Section 44490) multiplied by two thousand eight hundred dollars
($2,800), whichever is greater.

(b) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review Program for
Teachers by July 1, 2000, pursuant to subdivision (a), shall certify to the
Superintendent of Public Instruction that it has implemented a program by August 1,
2000.  In addition to the certification, the Superintendent of Public
Instruction may request a copy of the signature page of the collective bargaining
agreement implementing the program required pursuant to subdivision (a) of
Section 44503.  A school district that fails to provide the required
certification is not eligible to receive an apportionment for the Peer Assistance
and Review Program for Teachers pursuant to subdivision (a) of this
section or subdivision (a) of Section 44498 in the 2000-01 school year, or in
any year thereafter.  The school district, however, may be eligible to
receive an apportionment for the Peer Assistance and Review Program for
Teachers pursuant to subdivision (c) of this section and subdivision (a) of
Section 44498 in the 2000-01 school year, and in each year thereafter, if the
school district complies with the requirements set forth in subdivisions
(c) and (d).

(c) Between July 1, 2000, and May 31, 2001, a school district may notify
the Superintendent of Public Instruction that it plans to implement,
commencing July 1, 2001, a Peer Assistance and Review Program for Teachers
pursuant to this article.  On or before June 29, 2001, the Superintendent of
Public Instruction shall apportion to every school district that provides
this notification an amount equal to the number of mentor teachers that the
state calculated the school district is entitled to in the 1999-2000 school
year pursuant to Article 4 (commencing with Section 44490) times a maximum
of one thousand dollars ($1,000).  Any school district that provides
this notification shall receive at least the amount that would be received
pursuant to this section by a school district with one state funded mentor in the
2000-01 school year pursuant to Article 4 (commencing with Section 44490).

(d) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review Program for
Teachers by July 1, 2001, pursuant to subdivision (c), shall certify to the
Superintendent of Public Instruction that it has implemented a program by July 1,
2001.  In addition to the certification, the Superintendent of Public
Instruction may request a copy of the signature page of the collective bargaining
agreement implementing the program required pursuant to subdivision (a) of
Section 44503.  A school district that fails to provide the required
certification is not eligible for any apportionment for the Peer Assistance and
Review Program received pursuant to subdivision (c) of this section, and
subdivision (a) of Section 44498 in the 2001-02 school year, or in any year
thereafter.

(e) The funding provided pursuant to subdivisions (a) and (c) of this
section and subdivision (a) of Section 44498 shall be provided to eligible
school districts in each year that the school operates a Peer Assistance and
Review Program for Teachers pursuant to this article except as provided in
paragraph (2).

(f) The maximum amount of funds available for apportionment to school
districts by the Superintendent of Public Instruction for allocation pursuant
to subdivision (c) shall be the amount appropriated pursuant to
subdivision (a) of Section 6 of the act adding this section, minus any funds
apportioned by the Superintendent of Public Instruction to school districts
pursuant to subdivision (a) as of June 30, 2000.

(g) A school district may use funds apportioned pursuant to this
section for activities necessary to implement the Peer Assistance and Review
Program for Teachers.

(Amended by Stats. 1999, Ch. 646, Sec. 20.4.)

Reference:
Education Code 44490
Education Code 44498
Education Code 44503




Education Code
EC 44506

California Peer Assistance and Review Program for Teachers
(a) The state funding for this article subsequent to the 1999-2000
fiscal year is subject to an appropriation in the annual Budget Act.  It is the
intent of the Legislature that the funding for the program for the 2000-01
fiscal year be at least equal to the 1999-2000 fiscal year appropriation for
Article 4 (commencing with Section 44490) plus the amount apportioned
pursuant to Section 44505.

(b) A school district that receives funds for purposes of this article
may also expend those funds for any of the following purposes:

(1) The Marian Bergeson Beginning Teacher Support and Assessment
System as set forth in Article 4.5 (commencing with Section 44279.1) of
Chapter 2.

(2) The California Pre-Internship Teaching Program as set forth in
Article 5.6 (commencing with Section 44305) of Chapter 2.

(3) A district intern program as set forth in Article 7.5 (commencing
with Section 44325) of Chapter 2.

(4) Professional development or other educational activities
previously provided pursuant to Article 4 (commencing with Section 44490) of
Chapter 3.

(5) Any program that supports the training and development of new
teachers.

(c) (1) The Superintendent of Public Instruction shall determine a
base funding unit rate for the California Peer Assistance and Review
Program for Teachers that is equal to the total amount provided for the
California Mentor Teacher Program in subdivision (b) of Section 6 of Chapter 4 of
the Statutes of 1999 for the First Extraordinary Session, divided by the
total number of mentor teachers that the state calculated the school
district is entitled to in the 1999-2000 fiscal year.

(2) For the 2000-01 fiscal year, and annually thereafter, the
Superintendent of Public Instruction shall apportion to each school district that
certified implementation of the Peer Assistance and Review Program for
Teachers pursuant to subdivision (b) of Section 44505, an amount equal to 5
percent of the prior year count of certificated classroom teachers employed
by the school district, multiplied by a rate which equals the sum of (1)
the base amount per funding unit as calculated in paragraph (1) of
subdivision (c), adjusted annually pursuant to subdivision (b) of 42238.1, and
(2) two thousand eight hundred dollars ($2,800); adjusted annually
pursuant to subdivision (b) of Section 42238.1.

(3) Beginning in the 2001-02, and annually thereafter, the
Superintendent of Public Instruction shall apportion to each school district that
certified implementation of a Peer Assistance and Review Program for Teachers
pursuant to subdivision (d) of Section 44505, an amount equal to 5 percent of the
prior year count of certificated classroom teachers employed by the school
district, multiplied by a rate which equals the sum of (1) the base amount per
funding unit as calculated in paragraph (1) of subdivision (c), adjusted
annually pursuant to subdivision (b) of Section 42238.1, and (2) the per mentor
teacher unit amount provided to he district pursuant to subdivision (c) of
Section 44505, adjusted annually pursuant to subdivision (b) of Section
42238.1.

(4) In paragraphs (2) and (3) of this subdivision, 5 percent of the
certificated classroom teacher employed by the district shall be rounded to the
next whole integer.

(5) If at the end of any fiscal year, an amount of funds available for
purposes of the Peer Assistance and Review Program remain unallocated, the
Superintendent of Public Instruction shall use the unallocated amount to increase
the base funding rate calculated under paragraph (1) for the succeeding
fiscal year.

(Amended by Stats. 1999, Ch. 646, Sec. 20.5.)

Reference:
Education Code 42238.1
Education Code 44279.1
Education Code 44305
Education Code 44325
Education Code 44490
Education Code 44505



Education Code
EC 44507

California Peer Assistance and Review Program for Teachers
Subject to the availability of funding in the annual Budget Act, the
Superintendent of Public Instruction shall contract with an independent evaluator
on or before December 15, 2002, to prepare a comprehensive evaluation of
the implementation, impact, cost, and benefit of the California Peer
Assistance and Review Program for Teachers.  The evaluation shall be delivered to
the Legislature, the Governor, and interested parties on or before
January 1, 2004.  As a condition of receiving funding, school districts
implementing programs pursuant to this article shall provide data, as requested by
the Superintendent of Public Instruction, to provide baseline
information for the evaluation.

(Amended by Stats. 1999, Ch. 646, Sec. 20.6.)




Education Code
EC 44508

California Peer Assistance and Review Program for Teachers
For purposes of this article, "school district" includes a county
office of education.

(Added by Stats. 1999, Ch. 4, Sec. 3.)





 44510


Article 4.6.  Principal Training Program
(a) This article shall be known and may be cited as the Principal
Training Program.

(b) The Principal Training Program is hereby created.  The
Superintendent of Public Instruction, with the approval of the State Board of
Education, shall administer the program.

(c) For purposes of this article, the following terms have the
following meanings:

(1) "Hard-to-staff school" means a school in which teachers holding
emergency permits or credential waivers make up 20 percent or more of the
teaching staff.

(2) "Local education agency" means a school district, a county office
of education, or a charter school.

(3) "Low-performing school" means a school in the bottom half of all
schools based on the Academic Performance Index rankings established
pursuant to subdivision (a) of Section 52056.

(4) "Schoolsite administrator" means a person employed on a
full-time or a part-time basis as a principal or a vice principal at a public
school in which kindergarten or any of grades 1 to 12, inclusive, are taught.

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Reference:
Education Code 52056




 44511


Principal Training Program
(a) From funds appropriated for the purpose of this article, the
Superintendent of Public Instruction shall award incentive funding to provide
schoolsite administrators with instruction and training in areas including,
but not limited to, the following:

(1) School financial and personnel management.

(2) Core academic standards.

(3) Curriculum frameworks and instructional materials aligned to
the state academic standards.

(4) The use of pupil assessment instruments, specific ways of
mastering the use of assessment data from the Standardized Testing and
Reporting Program, and school management technology to improve pupil
performance.

(5) The provision of instructional leadership and management
strategies regarding the use of instructional technology to improve pupil
performance.

(6) Extension of the knowledge, skills, and abilities acquired in the
preliminary administrative preparation program that is designed to strengthen
the ability of administrators to serve all pupils in the school to which
they are assigned.

(b) The additional instruction and training areas that may be
considered to improve pupil learning and achievement based upon the needs of
participating schoolsite administrators, include pedagogies of learning,
motivating pupil learning, collaboration, conflict resolution, diversity,
parental involvement, employee relations, and the creation of effective
learning and workplace environments.

(c) All local education agencies are eligible to apply for funds
appropriated for the purpose of this article.

(Added by Stats. 2001, Ch. 697, Sec. 1.)



 44512


Principal Training Program
(a) To receive incentive funding for the purpose of this article, a
local education agency, individually or in partnership with one or more
institutions of higher education or other education entities, shall submit a
program proposal to the State Board of Education.  The program proposal shall
contain an expenditure plan and shall specify how the training program for
which funding is being requested addresses the program goals specified in
paragraphs (1) to (6), inclusive, of subdivision (a) of Section 44511 and how the
local education agency plans to continue ongoing schoolsite
administrator professional development.

(b) The State Board of Education shall approve or disapprove a local
education agency's plan.

(c) Training programs offered pursuant to this article shall have a
duration of no fewer than 80 hours and shall involve a minimum of 80 hours of
intensive individualized support and professional development in the areas
specified in subdivision (a) of Section 44511.  The additional 80 hours of
intensive individualized support and professional development may be
completed over a period of up to two years once the initial 80 hours of training
commences.

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Reference:
Education Code 44511




 44513


Principal Training Program
(a) Before September 15, 2001, the State Board of Education shall
convene and commence the process of developing rigorous criteria for the
approval of state-qualified training providers.  The board shall develop the
criteria in consultation with the Commission on Teacher Credentialing or any
other individual or group with expertise in the areas set forth in
subdivision (a) of Section 44511.

(b) A local education agency that receives funding pursuant to this
article shall use a state-qualified provider to offer training that has been
approved by the State Board of Education.

(c) The Commission on Teacher Credentialing may approve a program
developed pursuant to this article as meeting a portion or all of the
requirements to fulfill the standards for a professional clear administrative
services credential.

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Reference:
Education Code 44511




 44514


Principal Training Program
(a) Incentive funding amounts for purposes of this article may not
exceed three thousand dollars ($3,000) per schoolsite administrator.  This
funding shall be received by a local education agency in accordance with the
specifications contained in Section 44515 once the local education agency's
training plan is approved by the State Board of Education.  For each three
thousand dollars ($3,000) that is received pursuant to this article, a
participating local education agency shall provide one thousand dollars ($1,000)
in matching funds that shall be used for costs associated with training
offered pursuant to this article.  Any combination of local, federal, or
private resources or contributions may be used for the local agency's match.
In-kind resources or in-kind contributions may not be used for the local
agency's match.

(b) If it is determined pursuant to a program audit that a
participating local educational agency failed to provide training as described in
subdivision (a) of Section 44511 and subdivision (c) of Section 44512 to all school
administrators for whom it received funding, the Superintendent of Public
Instruction shall withhold from the local education agency's next monthly
principal apportionment three thousand dollars ($3,000) for each school
administrator who did not receive the training.

(c) The State Board of Education shall establish a procedure and
criteria for local education agencies to appeal to the board the finding of a
program audit pursuant to this article.  The State Board of Education may
reduce or eliminate the amount to be withheld pursuant to subdivision (b).

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Reference:
Education Code 44511
Education Code 44512
Education Code 44515




 44515


Principal Training Program
(a) Program funding is intended to serve one-third of the total number
of public school principals and vice principals in each of the first two
years of program implementation, with the remaining public school
principals and vice principals to be served in the third and final year of the
program.

(b) A local education agency shall receive program funding to train up
to one-third of its schoolsite administrators in the 2001-02 fiscal
year, one-third in the 2002-03 fiscal year, and one-third in the 2003-04
fiscal year.

(c) If all of the statewide funding is not expended in a fiscal year, it
may be redistributed on a pro rata basis to local education agencies that
have served more than one-third of their schoolsite administrators
during that fiscal year.

(d) It is the intent of the Legislature that a local education agency
give highest priority to training administrators assigned to, and
practicing in, low-performing or hard-to-staff schools.

(Added by Stats. 2001, Ch. 697, Sec. 1.)



 44516


Principal Training Program
(a) By July 1, 2004, the State Department of Education shall develop,
subject to review and approval by the State Board of Education, an interim
report for submission to the Legislature regarding the status of the program
established pursuant to this article.  The interim report shall, at a minimum,
detail the following:

(1) The number of principals and vice principals, respectively, who
received training offered pursuant to this article.

(2) The entities that received funds for the purpose of offering
training pursuant to this article and the number of principals and vice
principals, respectively, that each has trained.

(3) A comparison of the Academic Performance Index scores for schools
within participating local education agencies for the year before the
school's administrators receive training pursuant to this article and for the
first year after the school's administrators complete the training
provided pursuant to this article.

(4) Relevant data required to be included in the school
accountability report card pursuant to Section 33126.

(b) By June 30, 2005, the State Department of Education shall develop,
subject to review and approval by the State Board of Education, a final report
for submission to the Legislature regarding the program established
pursuant to this article.  The final report shall, at a minimum, detail the
following:

(1) The number of principals and vice principals, respectively, who
received training offered pursuant to this article.

(2) The entities that received funds for the purpose of offering
training pursuant to this article and the number of principals and vice
principals, respectively, that each has trained.

(3) Information detailing the effectiveness of the program
established pursuant to this article.  This information, at a minimum, shall
incorporate survey data concerning program effectiveness that has been gathered
from program participants.

(4) Information detailing the retention rate of principals and vice
principals, respectively, who participated in training offered pursuant to this
article.

(5) A comparison of the Academic Performance Index scores for schools
within participating local education agencies for the year before the
school's administrators receive training pursuant to this article and for the
second year after the school's administrators complete the training
provided pursuant to this article.

(6) Relevant data required to be included in the school
accountability report card pursuant to Section 33126.

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Reference:
Education Code 33126




 44517


Principal Training Program
This article shall become inoperative on July 1, 2006, and, as of
January 1, 2007, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2007, deletes or extends the dates on which it
becomes inoperative and is repealed.

(Added by Stats. 2001, Ch. 697, Sec. 1.)

Education Code
EC 44520

Article 5. New Careers Program
It is the intent and purpose of the Legislature by enacting this
chapter to make provisions for a New Careers Program to recruit and train
persons who have completed at least 60 units of college work in a community
college or a four-year institution of higher education for teaching in
low-income elementary schools. It is the further intent and purpose of this
chapter to provide a means by which capable persons of low-income background
may enter the teaching profession. The New Careers Program is designed to
provide practical teaching experience in schools with high concentrations
of low-income families, as determined by the Director of Compensatory
Education, concurrently with upper division academic and professional
education.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44521

Participation by universities
The University of California, the California State University, or
any private institution of higher education may participate in the
program prescribed in this article.

(Amended by Stats. 1983, Ch. 143, Sec. 27.)




Education Code
EC 44522

Agreements
Any school district may enter into an agreement with the University of
California, the California State University, or any private institution of
higher education to participate in the New Careers Program prescribed in
this article.

(Amended by Stats. 1983, Ch. 143, Sec. 28.)




Education Code
EC 44523

Agreements with Department of Education
The State Department of Education may enter into an agreement with a
participating school district to provide training and to share administrative
costs and salary support in the New Careers Program prescribed in this
article.

A person selected to participate in the program prescribed in this
article shall be known as an "intern."

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44524

Selection of intern; stipend
Any person who has completed at least 60 units of collegiate work and
who has lived or worked extensively in areas of high concentrations of
low-income families, or is a member of a minority racial or ethnic group who has
lived and worked extensively in low-income areas, shall be eligible to be
selected to participate in the program prescribed in this article. An intern
shall be selected allocate no less than four thousand dollars ($4,000) to
provide each qualified mentor with an additional annual stipend over and
above the regular salary to which he or she is entitled. The amount of the
annual stipend shall be four thousand dollars ($4,000) for a full school year
of service as a mentor, or a pro rata share of that amount for less than a
full school year of service as a mentor, except that participating school
districts which receive funding pursuant to subdivision (b) of Section 44492
shall allocate the full amount so received to provide a qualified mentor
with an additional annual stipend over and above the regular salary to
which he or she is entitled. This stipend shall not be counted as salary or
wages for purposes of calculating employer contribution rates or employee
benefits under the State Teachers' Retirement System.

(b) A mentor may propose that the district allocate all or part of the
stipend for his or her professional growth or release time.

(c) The governing board may designate certificated employees as
mentor teachers pursuant to Section 44491 and pay these persons the
additional annual stipend authorized under subdivision (a) for a period not to
exceed three consecutive school years. Upon completing three years as a
mentor teacher, an individual may be reviewed and renominated.

(d) The subject of participation by a school district or an individual
certificated classroom teacher in a mentor teacher program shall not be included
within the scope of representation in collective bargaining among a public
school employer and eligible employee organizations.

(Amended by Stats. 1983, Ch. 1302, Sec. 13.)

Reference:
Education Code 44491
Education Code 44492




Education Code
EC 44525

Preservice program
An intern shall be enrolled in at least a 6-week, but not more than a
12-week, preservice program at the participating university, campus of the
California State University, or private institution of higher education.

(Amended by Stats. 1983, Ch. 143, Sec. 29.)




Education Code
EC 44526

Joint selection of interns and team leader
The participating university, state college, or private
institution of higher education and school district shall jointly select the
interns and team leaders to participate in the program prescribed in this
article.

A team leader shall be an experienced teacher who has demonstrated
capability in teaching educationally disadvantaged pupils and shall be
directly responsible to direct, aid, coordinate, and supervise interns in
their internship pursuant to this article in the participating school
district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44527

Team leader
The team leader shall have at least 6 but not more than 10 interns under
his supervision. The team leader and his interns shall assist in the
teaching process in the participating school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44528

Teacher education program
An intern shall enroll in a course of study at the participating
university, campus of the California State University, or private institution of
higher education which will lead to a baccalaureate degree and a teaching
credential.

(Amended by Stats. 1983, Ch. 143, Sec. 30.)




Education Code
EC 44529

Teacher education program
The team leader and his or her interns shall, in addition to teaching
duties, be afforded time for a teacher education program to be carried out
under the guidance of the team leader in cooperation with the participating
university, campus of the California State University, or private institution of
higher education.

(Amended by Stats. 1983, Ch. 143, Sec. 31.)




Education Code
EC 44530

Compensation; payment for school districts
The participating school district shall pay at least 10 percent, but
not more than 90 percent, of the compensation to be paid the following
participants in the New Careers Program:

(a) Team leaders, who shall receive compensation at a rate the
equivalent to that paid other experienced teachers in the participating school
district with similar professional preparation and responsibilities.

(b) Interns, who shall receive seventy-five dollars ($75) a week,
plus a fifteen dollars ($15) a week dependents allowance for each
dependent.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44531

Payment of college or university fees
The participating school district shall pay to the intern an amount
equivalent to the tuition fees or college or university fees, or both, if levied,
upon the intern attending the participating university, campus of the
California State University, or private institution of higher education.

(Amended by Stats. 1983, Ch. 143, Sec. 32.)




Education Code
EC 44532

Director of Compensatory Education
The Director of Compensatory Education shall, under the policy
direction of the State Board of Education and the administrative direction of
the Director of Education, provide administrative assistance with
respect to the program prescribed in this article and shall adopt rules and
regulations with respect thereto.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44533

Reimbursement
The Department of Education shall reimburse school districts
participating in the New Careers Program for the expenses incurred by the school
district pursuant to Sections 44530 and 44531.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44530
Education Code 44531




Education Code
EC 44534

Universities to fund their own costs
The participating university, campus of the California State
University, and private institution of higher education shall fund its own costs
involved in the program prescribed by this article.

(Amended by Stats. 1983, Ch. 143, Sec. 33.)




Education Code
EC 44560

Article 6. Teacher Preparation
On and after July 1, 1974, each school with a substantial population of
students of diverse ethnic backgrounds shall provide an in-service
preparation program designed to prepare teachers and other professional school
service personnel to understand and effectively relate to the history,
culture, and current problems of these students and their environment. For
purposes of this article a school shall be considered to have a substantial
population of students of diverse ethnic backgrounds where 25 percent or more of
all the students in the school are of diverse ethnic backgrounds.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44561

Approved courses
The Department of Education shall develop a list of approved courses
which shall be considered acceptable for meeting the requirements of this
article. The department shall cause a list of approved courses to be published
and distributed to interested teachers, administrators, and governing
boards of school districts. The department shall be responsible for
coordinating the efforts of school districts and colleges to develop adequate
course offerings to satisfy the requirements of this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44562

In-service programs
In-service programs designed to fulfill the requirements of this
article may include, but need not be limited to, courses offered by community
colleges and colleges and universities approved by the State Board of
Education. A district may provide an in-service program consisting in whole or in
part of preparation other than college courses.

Such a program shall be developed cooperatively with the Department
of Education and shall have prior approval of the Department of
Education. An in-service program which meets the intent of this article shall
encompass the history, culture, and current problems of the students of diverse
ethnic background.

All college courses approved by the Department of Education for the
purposes of this article shall be considered acceptable for salary credit
purposes by any school district. District in-service programs shall specify
an amount of equivalent credit which shall be acceptable for salary
credit purposes in the school district providing the in-service program.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44563

Department of Education to budget funds
The Department of Education shall provide in its budget for the
necessary funds to employ appropriate staff to implement the intent of this
article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44570

Article 7. In-Service Training-Personnel, Secondary Education.
Legislative intent
 It is the intent of the Legislature to encourage California's
institutions of higher education, whether public or private, to enter into
cooperative arrangements with local school districts for the provision of
training programs designed to improve high school teachers' instructional
skills. The Legislature recognizes that the usual teacher preparation
required by law and provided by most teacher-training institutions-while
meeting high quality standards-may not provide desirable exposure to the
range of new and innovative teaching techniques being developed and tested
by and in cooperation with major universities throughout the United
States; nor does the usual preparation provide, even with practice teaching,
on-the-job experience under the guidance of resource and consulting personnel
involved in development of new techniques or of so-called master teachers
chosen for their exceptional ability and supplementary research in the
field.

The Legislature, therefore, intends, in enacting this article, to
facilitate the process whereby institutions of higher education, research
centers, or regional educational laboratories may provide resource
personnel and special courses under contracts or other cooperative
arrangements with local school districts.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44571

Staff development project
As used in this article, the term "staff development project," means
training programs established to improve high school teachers'
instructional skills pursuant to this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44572

Projects available to certain personnel
Staff development projects shall be made available whenever
possible to the following personnel:

(a) New high school teachers of the district who have not yet completed
the fifth year of university or college education requirements for a
standard teaching credential with a specialization in secondary teaching.

(b) New teachers of the district, whether from California or out of
state, who may already have completed all requirements for a standard
teaching credential with a specialization in secondary teaching.

(c) Teachers who may already be teaching in the district, including
those who have, as well as those who have not, completed the fifth-year
requirement for a standard teaching credential with a specialization in
secondary teaching.

(d) High school counselors or visiting teachers.

(e) High school administrators.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44573

Components of program
The governing board of any school district may establish a staff
development project to improve high school teachers' instructional skills
pursuant to this article.

A staff development project may include, but not be limited to, the
following components, as determined by the governing board:

(a) A statement of the school district's objectives in establishing
the project, specifying the school district's particular needs with
reference to specialized instructional personnel.

(b) A description of the component parts of the proposed staff
development project, including:

(1) Courses to be made available to trainees through arrangements
with an institution of higher education, research center, or regional
education laboratory; and

(2) Other planned trainee activities.

(c) A statement outlining methods and criteria to be used in selecting
trainees for the project.

(d) A statement indicating generally the duration of the program and
the number of hours per week each trainee would be involved in designated
activities.

(e) A statement describing the manner in which the staff development
project is to be evaluated upon termination of a unit of training.

(f) A statement of proposed expenditures and reasonably expected
costs, and an outline of proposed federal or state and local fund matching
arrangements.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44574

Contract for academic on consulting services
The governing board of any school district may contract with
institutions of higher education, including the University of California, the
California State University, and private institutions, and with research
centers or regional education laboratories for any of these institutions,
centers, or laboratories, to furnish academic and consulting services for
purposes of a staff development project. The school district shall be deemed
the contracting agency and shall be responsible for coordination and
administration of the staff development project.

(Amended by Stats. 1983, Ch. 143, Sec. 34.)




Education Code
EC 44575

Facilities, equipment and materials
The school district shall provide the necessary facilities,
equipment, and instructional materials for the project.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44576

Remuneration
Certificated employees participating as trainees in a staff
development project shall be remunerated on a basis consistent with usual
procedures of the school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44577

Costs of project
The school district shall pay, out of the funds of the school district,
all costs of the project.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44578

Academic credit
Any institution of higher learning participating in a staff
development project pursuant to this article shall grant academic credit for the
courses established under terms of the contract arranged with respect to a
staff development project. Such academic credit shall be granted on
whatever hour or unit basis is the practice at the participating institution.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44579

Article 7.5.  Instructional Time and Staff Development Reform Program
This article shall be known as, and may be cited as, the Instructional
Time and Staff Development Reform Program.

(Added by Stats. 1998, Ch. 313, Sec. 2.)




Education Code
EC 44579.1

Instructional Time and Staff Development Reform Program
(a) There is hereby established the Instructional Time and Staff
Development Reform Program.  It is the intent of the Legislature that this program
enhance staff development opportunities for classroom personnel, but this
article shall not be construed to provide the sole source of funding for staff
development activities for school personnel or to limit in any way the amount or
type of staff development that is provided to school district personnel
from other resources.

(b) The State Department of Education shall submit draft regulations
for the purpose of implementing this article to the State Board of
Education for its review and approval.  The State Board of Education shall adopt
regulations for the purpose of implementing this article pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

(c) (1) Each fiscal year, the Superintendent of Public Instruction
shall provide each eligible school district and county office of education
applying for a grant pursuant to this article with a staff development
allowance of two hundred seventy dollars ($270) per day, adjusted annually
commencing with the 1999-2000 fiscal year for the inflation adjustment
calculated pursuant to subdivision (b) of Section 42238.1, for up to three days,
for each certificated classroom teacher and one hundred forty dollars
($140) per day, adjusted annually commencing with the 1999-2000 fiscal year
for the inflation adjustment calculated pursuant to subdivision (b) of
Section 42238.1, for up to one day for each classified classroom
instructional aide and certificated teaching assistant who participates in staff
development instructional methods, including teaching strategies, classroom
management and other training designed to improve pupil performance, conflict
resolution, and academic content in the core curriculum areas that are provided by
the school district or county office of education.

(2) Each fiscal year, the Superintendent of Public Instruction,
shall provide each eligible charter school applying for a grant pursuant to
this article with a staff development allowance of two hundred seventy
dollars ($270) per day, adjusted annually commencing with the 1999-2000
fiscal year for the inflation adjustment calculated pursuant to
subdivision (b) of Section 42238.1, for up to three days, for each classroom
teacher and one hundred forty dollars ($140) per day adjusted annually
commencing with the 1999-2000 fiscal year for the inflation adjustment
calculated pursuant to subdivision (b) of Section 42238.1, for up to one day for
each classroom instructional aide and assistant who participates in
staff development instructional methods, including teaching
strategies, classroom management, conflict resolution, and other training
designed to improve pupil performance, and academic content in the core
curriculum areas that are provided by the charter school.

(d) To be eligible for a grant pursuant to this article, the staff
development program provided by the school district, charter school, or county
office of education shall meet all of the following requirements:

(1) Meet local educational priorities as defined by the governing
board of the school district, charter school, or county board of
education.

(2) Be consistent with regulations defining staff development
activities eligible to receive funding under this section.

(e) To qualify as a funded participant, each eligible participant
shall be present for the full staff development day, and records of
attendance shall be maintained in a manner to be prescribed in regulations.  Each
staff development day shall be at least as long as the full-time
instructional workday for certificated or classified instructional employees of
the school district.  For purposes of this section, a single staff
development day may be conducted over several calendar days.

(f) (l) Except as provided pursuant to paragraph (2), if the staff
development day is conducted after completion of an instructional day, it may not
be held on a minimum day for which a parent or guardian was notified
pursuant to subdivision (c) of Section 48980.

(2) For staff working in multitrack, year-round schools, not more
than two staff development days may be scheduled for "off track" teachers
at a school with a minimum day scheduled.  In this event, teachers at the
multitrack, year-round school who are being paid for service on the minimum days
are not eligible for that day of funding under this article.

(g) Notwithstanding Section 45203, probationary and permanent
employees in the classified service may not receive regular pay on days during
which staff development is offered pursuant to this article unless they are
required to report for duty on those days.

(h) A charter school may be eligible to receive funding under this
chapter only if the school certifies that it meets the minimum instructional
time requirements applicable to school districts.

(i) This section shall be operative in any fiscal year only to the
extent that funds are provided for its purposes in the annual Budget Act.

(Amended by Stats. 1999, Ch. 78, Sec. 30.)

Reference:
Education Code 42238.1
Education Code 45203
Education Code 48980
Government Code 11340




Education Code
EC 44579.2

Instructional Time and Staff Development Reform Program
(a) The Superintendent of Public Instruction shall disburse grant
funds for this program in the following manner:

(1) Beginning in fiscal year 1999-2000, an advance disbursement
shall be made following passage of the annual Budget Act.  This disbursement
shall be provided to all school districts, county offices of education, and
charter schools that participated in the Instructional Time and Staff
Development Reform Program in the prior fiscal year, and shall be limited to 25
percent of the amount apportioned to each entity in the prior year.

(2) Each year a disbursement of grant funding to all applicants shall
be made following receipt of applications submitted pursuant to
Section 44579.1, adjusted as necessary by the amount disbursed pursuant to
paragraph (1).  If a school district, county office of education, or charter
school that participated in this program in the prior fiscal year fails to
submit an application, all funds disbursed to that school district, county
office of education, or charter school pursuant to paragraph (l) shall be
deducted from that agency's next monthly principal apportionment payment.

(3) A final adjustment to the amounts paid pursuant to paragraph (2)
shall be made following receipt by the Superintendent of Public
Instruction of certification by the superintendent of the school district, the
county superintendent of schools, or chief officer of the charter school, as
appropriate, of the total number of teacher-days attendance at staff development
training that complies with all of the applicable provisions of this article
and the regulations adopted by the State Board of Education.

(4) If the amount disbursed pursuant to this article to a school
district, county office of education, or charter school during any fiscal year
differs from the amount to which the district, county office of education, or
charter school was entitled pursuant to this article, the Superintendent of
Public Instruction shall, at the next monthly apportionment following
discovery of the error, withhold from, or add to, the apportionment payment made
during that month, the amount of the excess or deficiency, as the case may be.

(b) Notwithstanding any other provision of law, excesses withheld or
deficiencies added by the Superintendent of Public Instruction under this section
shall be added to, or allowed from, any portion of the State School Fund.

(Added by Stats. 1998, Ch. 313, Sec. 2.)

Reference:
Education Code 44579.1



Education Code
EC 44579.3

Instructional Time and Staff Development Reform Program
(a) The governing board of a school district may provide additional
days of pupil instruction that are in excess of 180 days of instruction per
school year instead of the qualifying staff development activities set
forth in this article.  If a school district chooses to replace any number of
staff development days that are funded under this article, with a pupil
instruction days, the additional instructional days shall be at least as long as
the average length of the instructional day that the district is required
to provide in order to qualify for funding pursuant to Part 26
(commencing with Section 46000).

(b) This section does not apply to a county office of education or a
county board of education.

(Added by Stats. 1998, Ch. 313, Sec. 2.)

Reference:
Education Code 46000



Education Code
EC 44579.4

Instructional Time and Staff Development Reform Program
(a) For the 1998-99 school year, a school district may request on or
before October 31, 1999, and the State Board of Education may provide a waiver
of instructional time requirements if both of the following conditions
are met:

(1) The district provides evidence to the board that the waiver is
necessary only because the repeal of the authority of school districts to
provide staff development during instructional time results in the district
being unable to reasonably meet the instructional time requirements.

(2) The school district had a school calendar, or a schoolsite plan
adopted in accordance with law, either of which was approved by the governing
board prior to the operative date of this section, or not more than 30 days
after that date, that authorizes the use of instructional days for staff
development.

(b) A school district that receives a waiver for the 1998-99 school
year shall ensure that both of the following occur:

(1) The combined instructional time and staff development time
provided by the district during the 1998-99 school year pursuant to the waiver
meets or exceeds 180 days or the equivalent number of annual instructional
minutes determined pursuant to Article 8 (commencing with Section 46200) of
Chapter 2 of Part 26.

(2) The actual instructional time provided is at least 172 days or the
equivalent number of annual instructional minutes determined pursuant to
Article 8 (commencing with Section 46200) of Chapter 2 of Part 26.

(c) The maximum amount of instructional time that may be waived may not
exceed the number of days for which the school district had previously
approved for staff development days within the school calendar, or in a
schoolsite plan adopted in accordance with law.

(d) A school district that receives a waiver for the 1998-99 school
year under this section shall only be eligible to receive staff
development funding under this article for each day of staff development offered
under this article that replaces a staff development day previously
authorized under Sections 44670.6, 48645.7, 52022, 52854, or 56242 and utilized
during the 1997-98 school year and that was included in a school calendar, or
schoolsite plan adopted in accordance with law, that was approved by the local
governing board prior to the operative date of this section or not more than 30
days after that date.  For purposes of this subdivision, a staff
development day funded pursuant to the Staff Development Buy-Out Program in the
1997-98 school year shall be funded in the 1998-99 school year with no
requirement that this day replace an additional staff development day that was
previously authorized pursuant to Sections 44670.6, 48645.7, 52022, 52854, or
56242.

(Amended by Stats. 1999, Ch. 646, Sec. 20.7.)

Reference:
Education Code 44200
Education Code 46670.6
Education Code 48645.7
Education Code 52022
Education Code 52854
Education Code 56242





 44579.5


Instructional Time and Staff Development Reform Program
Notwithstanding any other provision of law, a school district,
charter school, or county office of education that participates in the
Mathematics and Reading Professional Development Program pursuant to Article 3
(commencing with Section 99230) of Chapter 5 of Part 65 may claim funding, as
described in subdivision (c) of Section 44579.1, for the 80 hours of followup
instruction, coaching, or additional schoolsite assistance required pursuant to
subdivision (b) of Section 99237 if the training meets the requirements described
in subdivision (d) of Section 44579.1 and is conducted outside of an
instructional day that the school district, charter school, or county office of
education is required to provide in order to qualify for funding pursuant to Part
26 (commencing with Section 46000).  Funding claimed pursuant to this
section shall be in addition to funding received pursuant to Article 3
(commencing with Section 99230) of Chapter 5 of Part 65.

(Added by Stats. 2001, Ch. 737, Sec. 1.)

Reference:
Education Code 44579.1
Education Code 46000
Education Code 99230
Education Code 99237


Education Code
EC 44580

Article 8. In-Service Training-Personnel. Legislative intent
It is the intent of the Legislature to encourage California's
institutions of higher education, whether public or private, to enter into
cooperative arrangements with local school districts for the provision of
training programs designed to improve elementary teachers' instructional
skills. The Legislature recognizes that the usual teacher preparation
required by law and provided by most teacher-training institutions-while
meeting high quality standards-may not provide desirable exposure to the
range of new and innovative teaching techniques being developed and tested
by and in cooperation with major universities throughout the United
States; nor does the usual preparation provide, even with practice teaching,
on-the-job experience under the guidance of resource and consulting personnel
involved in development of new techniques or of so-called master teachers
chosen for their exceptional ability and supplementary research in the
field.

The Legislature, therefore, intends, in enacting this article, to
facilitate the process whereby institutions of higher education, research
centers, or regional educational laboratories may provide resource
personnel and special courses under contracts or other cooperative
arrangements with local school districts.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44581

Staff development project
As used in this article, the term "staff development project," means
training programs established to improve elementary teachers'
instructional skills pursuant to this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44582

Staff development project
Staff development projects shall be made available whenever
possible to the following personnel:

(a) New elementary teachers of the district who have not yet completed
the fifth year of university or college education requirements for a
standard teaching credential with a specialization in elementary teaching;

(b) New teachers of the district, whether from California or out of
state, who may already have completed all requirements for a standard
teaching credential with a specialization in elementary teaching;

(c) Teachers who may already be teaching in the district, including
those who have, as well as those who have not, completed the fifth year
requirement for a standard teaching credential with a specialization in
elementary teaching;

(d) Elementary school counselors or visiting teachers; and

(e) Elementary school administrators.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44583

Project proposals
The governing board of any school district desiring to establish a
staff development project shall submit one or more project proposals to the
State Department of Education for review and for final approval by the State
Board of Education. No funds appropriated for purposes of this article
shall be allocated to a school district for a staff development project
until the State Board of Education approves of the project.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44584

Project proposal components
A staff development project proposal shall include, but not be
limited to, the following components, as well as any other components which
the State Board of Education determines meet the needs and purposes of a
staff development project:

(a) A statement of the school district's objectives in establishing
the project, specifying the school district's particular needs with
reference to specialized instructional personnel.

(b) A description of the component parts of the proposed staff
development project, including:

(1) Courses to be made available to trainees through arrangements
with an institution of higher education, research center, or regional
education laboratory; and

(2) Other planned trainee activities.

(c) A statement outlining methods and criteria to be used in selecting
trainees for the project.

(d) A statement indicating generally the duration of the program and
the number of hours per week each trainee would be involved in designated
activities.

(e) A statement describing the manner in which the staff development
project is to be evaluated upon termination of a unit of training.

(f) A statement of proposed expenditures and reasonably expected
costs, and an outline of proposed federal or state and local fund matching
arrangements.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44585

Contracts for academic and counseling services
The governing board of any school district may contract with
institutions of higher education, including the University of California, the
California State University, and private institutions, and with research
centers or regional education laboratories for any of these institutions,
centers, or laboratories, to furnish academic and consulting services for
purposes of a staff development project. The school district shall be deemed
the contracting agency and shall be responsible for coordination and
administration of the staff development project.

(Amended by Stats. 1983, Ch. 143, Sec. 35.)




Education Code
EC 44586

School districts costs
The school district shall bear 50 percent of the cost of a staff
development project coordinator's salary, and shall provide the necessary
facilities, equipment, and instructional materials for the project.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44587

Remuneration
Certificated employees participating as trainees in a staff
development project shall be remunerated on a basis consistent with usual
procedures of the school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44588

Allocations
The Superintendent of Public Instruction shall allow, out of funds
appropriated to the Department of Education for the purpose, to each school
district an amount sufficient to pay the tuition costs and other fees necessary
for trainees to take courses prescribed in the staff development project
at the college or university level, and to pay the consultation costs of
the project, and to pay 50 percent of the cost of the salary of the staff
development project coordinator.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44589

Academic credit
Any institution of higher learning participating in a staff
development project pursuant to this article shall grant academic credit for the
courses established under terms of the contract arranged when a staff
development project has been approved by the State Board of Education. Such
academic credit shall be granted on whatever hour or unit basis is the practice
at the participating institution.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44590

Renewal of project
A staff development project submitted by a school district may be
renewed, but it shall include any modifications recommended by the State Board
of Education upon review of the school district's evaluation of the
staff development project.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44591

Rules and regulations
The Department of Education shall, subject to the approval of the
State Board of Education, establish rules and regulations for the
administration of this article, including the use of any federal funds that may be
available for purposes of this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44610

Article 9. Exchange and Recruitment
This article shall be known as the "Foreign Language Teacher Exchange
and Recruitment Law of 1963."

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44611

Teacher exchanges
The purposes of this article are to encourage and promote the
temporary exchange of teachers between school districts in California and
schools in foreign countries and to make available to California schools as
teachers foreign-born persons and others who are especially qualified to
provide instruction in one or more modern foreign languages in order that the
schools of this state may comply with the requirement of the state law that
foreign language instruction be given to pupils in grades six, seven, and
eight as of July 1, 1965. It is the finding of the Legislature that California
teachers will become more fluent in a foreign language and more knowledgeable
about peoples of other countries and their environment by teaching service
in a country where that language. is used in daily life, and that it will be
of substantial benefit to California pupils beginning the study of a
foreign language to be instructed by teachers who are fluent in the language
and conversant with the attendant culture and are therefore able to
instill and reinforce the appropriate speech habits early in the learning
experience of the pupil. It is the purpose of the Legislature to encourage and
enable California schools to benefit from the language abilities of
citizens of foreign countries who are now or in the future may be residents of
this state.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44612

Rules, regulations, grants
The State Board of Education shall adopt rules and regulations under
which teachers employed by California school districts may exchange
positions with teachers in schools in other countries for a period of one year or
less. The arrangements for such exchanges shall be made through the
Department of Education and in cooperation with the teacher exchange programs
administered by agencies of the federal government. The first such exchanges shall
take place during the 1964-1965 school year.

Grants from the federal government or any department or agency
thereof may be accepted by the state and its agencies to be expended pursuant to
the programs and plans enumerated in this article. The Department of
Education shall administer the teacher exchange program provided for in this
article and shall do all acts necessary to carry out the purposes of this
article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44613

Application for participation
Teachers employed by California school districts desiring to
participate in an exchange of positions under this article shall file with the
Department of Education an application setting forth a plan of study to be
completed during the year of service in a foreign country and shall agree to teach
in a California school district for a minimum of two years following the
year of exchange service.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44614

Salaries of exchange teachers; travel expenses
The exchange of teachers with a foreign country under the provisions
of this article shall be conditioned upon the fact that the employing
school district in California shall not be required to pay the salary of the
teacher from the foreign country. Teachers employed by California school
districts shall, while serving as teachers in a foreign country pursuant to this
article, continue to receive from their employing school districts the full
amounts of the regular salaries which would be payable to them if they were
serving in the schools of the particular employing districts, and the
district shall make all deductions provided by law for retirement purposes
during such period.

The Department of Education may pay to the teachers from a foreign
country employed by a school district in California under this article, part
or all of the difference between the salary being paid them by their
respective foreign employers and the salary being paid by the California school
district to the particular teachers with whom they are exchanged, as the
department shall determine to be appropriate in each instance; except that no
such payment to a foreign teacher shall exceed three thousand dollars
($3,000) in one school year nor shall such payments be made to more than 500
teachers from foreign countries in any one fiscal year.

The Department of Education may pay the travel expenses of teachers in
the exchange program but such payments shall not be made to more than 500
California teachers and 500 teachers from foreign countries in any one fiscal
year. Such payments shall be for the actual expense involved in travel to and
from the exchange assignments or for one thousand dollars ($1,000),
whichever is the lesser amount.

The Commission for Teacher Preparation and Licensing shall
establish minimum standards for credentials for such exchange teachers from a
foreign country and shall provide for the issuance of such credentials to such
teachers.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44615

Special credential to teach foreign language to foreign born persons
The Commission for Teacher Preparation and Licensing shall adopt
rules and regulations providing for the recruitment of, and issuance of
special credentials in the teaching of a foreign language to foreign-born
persons or others having native fluency in a modern foreign language to teach
foreign languages in the public schools of California. The issuance of
special credentials in the teaching of foreign languages pursuant to this
section shall be limited to 500 persons a year. The commission shall prescribe
the minimum standards for such special credentials and shall provide for
the renewal of such credentials. In issuing the credentials to any
applicant the commission shall take into consideration fluency in the language
to be taught, academic preparation, previous teaching experience, a
knowledge of modern methods of foreign language instruction and a knowledge of
peoples of other countries and their environment. The commission shall adopt
rules and regulations which require the holder of a special credential
issued under this section to undertake, within a reasonable time, a course of
study which will enable the holder to become eligible for a standard
teaching credential.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44616

Refresher courses; stipend
The Department of Education may contract with universities and
colleges in this state approved by the Commission for Teacher Preparation and
Licensing as a teacher education institution for furnishing refresher courses
in which applicants for a special credential in the teaching of a foreign
language issued under Section 44615 who have not had previous recent teaching
experience may secure instruction in the teaching of a foreign language that will
enable them to meet the standards prescribed by the commission.

Instruction in the teaching of foreign languages pursuant to the
provisions of this section shall be limited to 500 persons a year.

The Department of Education may pay to each person enrolled in such a
refresher course a stipend of seventy-five dollars ($75) a week for a total of six
weeks or a stipend paid in some other manner but the total amount paid to an
individual shall not exceed four hundred fifty dollars ($450).

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44615




Education Code
EC 44617

Application to exchange teachers
Section 44854 applies to exchange teachers.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44854




Education Code
EC 44630

Article 10. Professional Development and Program Improvement Act of
1968
 This article may be cited as the Professional Development and Program
Improvement Act of 1968.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44631

Legislative intent
It is the intent of the Legislature that professional development and
program improvement centers be established throughout the state to offer
comprehensive in-service training programs to strengthen the instructional
techniques of classroom teachers in kindergarten and grades 1 through 12,
inclusive. It is also the intention of the Legislature that the professional
development and program improvement centers may provide staff development
activities pursuant to a systematic assessment of pupil and personnel needs,
including needs of pupils who have not mastered basic reading, writing, and
mathematic skills, improve the teacher's skills in diagnosing learning
disabilities of pupils, and develop corrective programs of instruction. It is the
further intention of the Legislature that the center include the principal
and other school administrative personnel in the training program.

It is also the intention of the Legislature that in sparsely populated
areas, involving long distances, in which the establishment of
professional development and program improvement centers is not feasible, the
in-service teacher training shall be provided under joint programs between
school districts and county superintendents of schools to strengthen the
instructional techniques of classroom teachers in kindergarten and grades 1
through 12.

It is the further intention of the Legislature that all district,
state, and federal resources related to teacher training be integrated and
coordinated with in-service training programs established by this article in
order to improve the educational achievement of pupils enrolled in both
categorical aid programs and regular instructional programs.

(Amended by Stats. 1981, Ch. 1136, Sec. 4.)




Education Code
EC 44632

Definitions
As used in this article:

(a) "Center" means a professional development and program
improvement center which is a school designated as such upon application of a
school district by the State Board of Education. It is a school in which a
program under either Title I of the Elementary and Secondary Education Act of
1965, the Miller-Unruh Basic Reading Act (Chapter 2 (commencing with
Section 54100) of Part 29 of Division 4 of this title), the Educationally
Disadvantaged Youth Programs (Chapter 1 (commencing with Section 54000) of Part 29
of Division 4 of this title), or the Early Childhood Education Program
(Article 10 (commencing with Section 49530) of Chapter 9 of Part 27 of Division 4
of this title) is in operation.

(b) "Satellite school" means any other school or schools in the
district designated as such by the district and approved by the State Board of
Education. Satellite schools shall be named in accordance with the priority
measures established by Section 44636.

(c) "Program" means a professional development and program
improvement center program established pursuant to this article.

(d) "Joint program" shall mean a program undertaken through joint
agreement by two or more school districts or county superintendents of schools
joined together for the purpose of providing in-service training to
administrators and teachers teaching kindergarten and grades 1 through 12.

(Amended by Stats. 1981, Ch. 1136, Sec. 5.)

Reference:
Education Code 44636
Education Code 49530
Education Code 54000
Education Code 54100





Education Code
EC 44633

Conditions for be designated a "center"
A school may be designated as a center when all of the following
conditions are met:

(a) The director of the center, as appointed by the school district,
has the concurrence of a cooperating teacher training institution.

(b) The master teachers at the center have been determined to be
outstanding teachers by the school district and the cooperating institution of
higher education.

(c) The center has at least the staff for auxiliary and administrative
services that would be present in an adequately staffed school.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44634

Center staff
Each school designated as a center shall employ a staff of teachers,
administrative and auxiliary personnel, and teacher aides and may provide training
for such staff which may serve as substitutes in the satellite school when
the regular satellite school staff is released for in-service
training.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44635

Application; components of plan
Any school district may apply to establish a center. The application
shall be submitted to the State Board of Education and shall contain a
detailed plan cooperatively developed with a teacher training institution
and shall include all of the following:

(a) A description of the training program for all school personnel to
be trained through the program, including administrative and
auxiliary personnel and, if appropriate, replacement teachers.

(b) A description of the in-service program to be provided to the staff
of satellite schools on a regular rotational basis until all staff
members of the satellite schools have participated in the in-service
training program. Staff of satellite schools shall include specialist
teachers in reading and mathematics regularly employed with such schools, and
administrative and auxiliary personnel, and teacher aides.

(c) A description of the procedure to be used for the identification of
master teachers at the center based on demonstrated ability by the district
in cooperation with the institution of higher education.

(d) A description of the program for followup training to be provided
to personnel of satellite schools which have had training in the
centers.

(e) A description of how all existing in-service training programs of
the district funded from local, state, and federal sources will be
integrated with the professional development and program improvement programs
authorized by this article, including a specific statement of the local, state,
and federal resources for district in-service training programs that
will be utilized in the implementation of this program.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44636

Satellite school criteria
(a) Satellite schools shall be designated and approved as those
schools which meet all of the following criteria:

(1) The schools which have designated one or more master teachers to
act as resource teachers in reading and mathematics and to work with other
teachers in the strengthening of instructional techniques and program
improvements.

(2) The schools which have the largest concentration of teachers who
will assure the district that they will continue to teach in the satellite
schools for the second school year following their participation in the
center program.

(b) Priority shall be given to those schools which have the largest
concentration of pupils whose achievement scores in reading or mathematics, or
both, fall below the first quartile, as measured by the latest administered
standardized achievement test in reading or mathematics, or both.

(Amended by Stats. 1981, Ch. 1136, Sec. 6.)




Education Code
EC 44637

Joint agreement conditions
A program proposed by a joint agreement may be considered when all the
following conditions are met:

(a) The director of the program, as appointed by the joint agreement,
has the concurrence of a cooperating teaching training institution.

(b) The professional staff proposed by the teacher training
institution to work with the joint program has the concurrence of the school
districts participating in the joint agreement.

(c) The master teachers or specialist teachers employed by the joint
program have been determined to be outstanding teachers by the school
district and the cooperating institution of higher education.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44638

Program of in-service and preservice, components
The designated agent of any joint program may apply to establish a
program of in-service and preservice training for classroom teachers in lieu
of applying to establish a center pursuant to Section 44635. The
application shall contain a detailed plan cooperatively developed with a teacher
training institution and shall include all of the following:

(a) A description of the training program for all school personnel to
be trained through the program, including administrative and
auxiliary personnel and, if appropriate, replacement teachers.

(b) A description of the in-service program to be provided the staff of
satellite schools on a regular rotational basis until all staff members of the
satellite schools have participated in the in-service training program. Staff
of satellite schools shall include specialist teachers in reading and
mathematics regularly employed with such schools, and administrative and
auxiliary personnel, and teacher aides.

(c) A description of procedures to be used for the identification of
master teachers at the center based on demonstrated ability by the district
in cooperation with the institution of higher education.

(d) A description of the program for followup training to be provided
to personnel of satellite schools which have had training in the
centers.

(e) A description of how all existing in-service training programs of
the district funded from local, state, and federal sources will be
integrated with the professional development and program improvement programs
authorized by this article, including a specific statement of the local, state,
and federal resources for district in-service training programs that
will be utilized in the implementation of this program.

(f) Priority shall be given to those schools of the participating
districts which have (1) the largest concentration of pupils whose reading
achievement scores fall in the first quartile, as measured by the most recently
administered standardized achievement test in reading, (2) the largest
concentration of pupils whose mathematic achievement scores fall in the first
quartile as measured by the most recently administered standardized
achievement test in mathematics, and (3) the largest concentration of teachers
who will assure the district that they will continue to teach in the
schools for the second school year following their participation in the
program.

(Amended by Stats. 1981, Ch. 1136, Sec. 7.)

Reference:
Education Code 44635




Education Code
EC 44639

Rules and regulations
The State Board of Education shall adopt rules and regulations
necessary to implement the provisions of this article, including the
establishment of minimum standards for in-service programs offered.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44640

Evaluation
The State Board of Education shall provide for the evaluation of
improvement of teacher competence of teachers participating in the program. The
board shall select or contract for the development of evaluation
procedures and materials designed to measure the improvement of teaching
competence as a result of participation in the program. The assessment
procedures and materials shall be utilized to assess participating teachers
before and after participation in the program.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44642

Allocation of funds
The State Board of Education shall establish procedures for
allocating funds to support the preservice and in-service training programs
authorized by this article.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44643

Grants
State grants made to school districts shall not exceed the amount
approved in the project budget of the district. Allocation by the
Superintendent of Public Instruction shall include such amount as may be necessary to
(1) pay the salaries of replacement teachers, and (2) pay the salaries of
instructors or prorate salaries of consultants for time of instruction in the
project.

In no event shall allocations to school districts for the
professional development program exceed one thousand two hundred dollars
($1,200) per trainee.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44645

Article 10.5. In-Service Training: Anabolic Steroids
(a) The Legislature hereby finds and declares that the use of anabolic
steroids to expedite the physical development and enhance the performance
level of secondary school athletes presents a serious health hazard to
these pupil athletes.

Therefore it is the intent of the Legislature to encourage county
offices of education and school districts that offer in-service training to
credentialed staff who provide health education, physical education, or science
education to pupils to include, where appropriate, within the in-service
training for any one of those subjects new developments in the scientific
understanding of anabolic steroids as well as new education techniques directed at
preventing the use of anabolic steroids.

(b) It is also the intent of the Legislature that:

(1) Participation in the training be voluntary on the part of the
credentialed staff.

(2) To the extent possible, training be provided to a team of
educators.

(3) The training be provided by persons with expertise on the effects
of anabolic steroids.

(c) It is further the intent of the Legislature that State Department
of Education develop guidelines for the provision of in-service
training relating to the use of anabolic steroids. In developing and providing
the in-service training, county offices of education and school
districts are encouraged to cooperate and collaborate with the State
Department of Education.

(Added by Stats. 1993, Ch. 424, Sec. 1.)





Education Code
EC 44650

Article 10.6.  Certificated Staff Performance Awards for Improved
Student Achievement In Underachieving Schools
 (a) The Certificated Staff Performance Incentive Act is hereby
established for the purpose of awarding one-time performance awards to teachers
and other certificated staff in underachieving schools, where the
academic performance of pupils significantly improves beyond the minimum
percentage growth target established pursuant to Section 52052.

(b) The State Board of Education shall establish criteria for
determining the eligibility of schools to receive the awards and shall determine
the amount to be allocated to a school, based on the number of teachers and
other certificated staff eligible to receive an award.  The maximum award
allocated to a school per full-time equivalent certificated staff shall not
exceed twenty-five thousand dollars ($25,000).  The total amount of the
awards allocated under this article shall not exceed the total amount
appropriated for the purposes of this article.

(c) This article shall be implemented subject to the appropriation of
funds for the purpose of this article in the annual Budget Act.

(Added by Stats. 1999, Ch. 52, Sec. 1.)




Education Code
EC 44651

Article 10.6.  Certificated Staff Performance Awards for Improved
Student Achievement In Underachieving Schools
 (a) Any school district or charter school that maintains classes in
kindergarten or any of grades 1 to 12, inclusive, may apply for funding under this
article if it meets the conditions of subdivision (b).  County boards of
education, county superintendents of schools, and state agencies shall not be
eligible to participate.

(b) To be eligible for funding under this article, a school shall meet
all of the following conditions:

(1) The school's aggregate score for student performance on the state
Academic Performance Index established pursuant to Section 52052 was below
the 50th percentile relative to other public schools in the state in the
prior year.

(2) The school has met the criteria established by the board pursuant
to subdivision (b) of Section 44650.

(Added by Stats. 1999, Ch. 52, Sec. 1.)


Education Code
EC 44652

Certificated Staff Performance Awards for Improved Student
Achievement In Underachieving Schools
 The Superintendent of Public Instruction shall allocate funds to
school districts and charter schools that have certified to the
superintendent that they satisfy the conditions of subdivision (b) of Section 44651,
based on the amount determined pursuant to subdivision (b) of Section
44650.  At the time of the allocation the Superintendent of Public
Instruction shall notify the exclusive representatives of the teachers and other
certificated staff in each district of the availability of these funds.

(Added by Stats. 1999, Ch. 52, Sec. 1.)


Education Code
EC 44653

Certificated Staff Performance Awards for Improved Student
Achievement In Underachieving Schools
 Upon receiving an allocation from the Superintendent of Public
Instruction for the purpose of awarding awards, the governing board of the school
district shall negotiate individual teacher and other certificated staff
salary award amounts with the exclusive representative of the bargaining
unit of the teachers and other certificated staff.  In the event that the
governing board and the exclusive representative of teachers and other
certificated staff do not reach an agreement regarding the amount of the award or if
the teachers and other certificated staff are not represented by an
exclusive bargaining representative, all teachers and other certificated
staff at the school shall receive a salary award amount that is equal to a
percentage of their base salary that is determined by dividing the total amount
awarded to a school by the sum of the annual base salaries for teachers and other
certificated staff of the school.

(Added by Stats. 1999, Ch. 52, Sec. 1.)



Education Code
EC 44654

Certificated Staff Performance Awards for Improved Student
Achievement In Underachieving Schools
 (a) Funds awarded pursuant to this article shall not become part of a
district's revenue limit, and shall be identified as a separate item of
expenditure on any financial reports filed by school districts with the state
pursuant to any state law or regulation.

(b) Salary award amounts received by teachers and other certificated
staff pursuant to this article shall not be considered compensation for the
purposes of calculating retirement benefits or contributions, or for any
other benefit that an employee is eligible to receive where the benefit or
contribution amount is calculated based on compensation.

(c) It is the intent of the Legislature that funds appropriated for the
purposes of this article shall be fully expended based on the criteria
established in subdivision (b) of Section 44650.  However, if unexpended funds are
available, they shall continue to be available for allocation for the intended
purpose of the appropriation in subsequent years.

(Added by Stats. 1999, Ch. 52, Sec. 1.)

Education Code
EC 44660

Article 11. Evaluation and Assessment of Performance of
Certificated Employees
 It is the intent of the Legislature that governing boards establish a
uniform system of evaluation and assessment of the performance of all
certificated personnel within each school district of the state, including
schools conducted or maintained by county superintendents of education. The
system shall involve the development and adoption by each school district of
objective evaluation and assessment guidelines which may, at the discretion of
the governing board, be uniform throughout the district or, for
compelling reasons, be individually developed for territories or schools
within the district, provided that all certificated personnel of the
district shall be subject to a system of evaluation and assessment adopted
pursuant to this article.

This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44661

Guidelines and procedures
In the development and adoption of guidelines and procedures
pursuant to this article, the governing board shall avail itself of the advice
of the certificated instructional personnel in the district's
organization of certificated personnel; provided, however, that the development
and adoption of guidelines pursuant to this article shall also be subject
to the provisions of Article 1 (commencing with Section 7100) of Chapter
2 of Part 5 of Division 1 of Title 1.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44661.5

Performance based teacher assessment
When developing and adopting objective evaluation and assessment
guidelines pursuant to Section 44660, a school district may, by mutual agreement
between the exclusive representative of the certificated employees of the
school district and the governing board of the school district, include any
objective standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards for the
Teaching Profession if the standards to be included are consistent with this
article.  If the certificated employees of the school district do not have an
exclusive representative, the school district may adopt objective evaluation
and assessment guidelines consistent with this section.

(Added by Stats. 1999, Ch. 279, Sec. 1.)

Reference:
Education Code 44660




Education Code
EC 44662

California Peer Assistance and Review Program for Teachers
(a) The governing board of each school district shall establish
standards of expected pupil achievement at each grade level in each area of
study.

(b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates to:

(1) The progress of pupils toward the standards established pursuant
to subdivision (a) and, if applicable, the state adopted academic
content standards as measured by state adopted criterion referenced
assessments.

(2) The instructional techniques and strategies used by the employee.

(3) The employee's adherence to curricular objectives.

(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.

(c) The governing board of each school district shall establish and
define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and administrative
personnel, whose responsibilities cannot be evaluated appropriately under the
provisions of subdivision (b) and shall evaluate and assess the performance of
those noninstructional certificated employees as it reasonably relates
to the fulfillment of those responsibilities.

(d) Results of an employee's participation in the Peer Assistance and
Review Program for Teachers established by Article 4.5 (commencing with
Section 44500) shall be made available as part of the evaluation conducted
pursuant to this section.

(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of publishers'
norms established by standardized tests.

(f) Nothing in this section shall be construed as in any way limiting
the authority of school district governing boards to develop and adopt
additional evaluation and assessment guidelines or criteria.

(Amended by Stats. 1999, Ch. 4, Sec. 4.)




Education Code
EC 44663

Written copy of assessment
(a) Evaluation and assessment made pursuant to this article shall be
reduced to writing and a copy thereof shall be transmitted to the certificated
employee not later than 30 days before the last schoolday scheduled on the
school calendar adopted by the governing board for the school year in which
the evaluation takes place. The certificated employee shall have the
right to initiate a written reaction or response to the evaluation. This
response shall become a permanent attachment to the employee's personnel
file. Before the last schoolday scheduled on the school calendar adopted by
the governing board for the school year, a meeting shall be held between
the certificated employee and the evaluator to discuss the evaluation.

(b) In the case of a certificated noninstructional employee, who is
employed on a 12-month basis, the evaluation and assessment made pursuant to
this article shall be reduced to writing and a copy thereof shall be
transmitted to the certificated employee no later than June 30 of the year in which
the evaluation and assessment is made. A certificated noninstructional
employee, who is employed on a 12-month basis shall have the right to initiate a
written reaction or response to the evaluation. This response shall become a
permanent attachment to the employee's personnel file. Before July 30 of the
year in which the evaluation and assessment takes place, a meeting shall be
held between the certificated employee and the evaluator to discuss the
evaluation and assessment.

(Amended by Stats. 1986, Ch. 393, Sec. 1.)




Education Code
EC 44664

California Peer Assistance and Review Program for Teachers
(a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis, at least once each school
year for probationary personnel, and at least every other year for
personnel with permanent status.  The evaluation shall include
recommendations, if necessary, as to areas of improvement in the performance of the
employee.  If an employee is not performing his or her duties in a satisfactory
manner according to the standards prescribed by the governing board, the
employing authority shall notify the employee in writing of that fact and
describe the unsatisfactory performance.  The employing authority shall
thereafter confer with the employee making specific recommendations as to areas
of improvement in the employee's performance and endeavor to assist the
employee in his or her performance.  When any permanent certificated employee
has received an unsatisfactory evaluation, the employing authority
shall annually evaluate the employee until the employee achieves a
positive evaluation or is separated from the district.

(b) Any evaluation performed pursuant to this article which contains
an unsatisfactory rating of an employee's performance in the area of
teaching methods or instruction may include the requirement that the
certificated employee shall, as determined necessary by the employing authority,
participate in a program designed to improve appropriate areas of the employee's
performance and to further pupil achievement and the instructional objectives of
the employing authority.  If a district participates in the Peer
Assistance and Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who receives an
unsatisfactory rating on an evaluation performed pursuant to this section shall
participate in the Peer Assistance and Review Program for Teachers.

(c) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded from the
provisions of this section at the discretion of the governing board.

(Amended by Stats. 1999, Ch. 4, Sec. 5.)




Education Code
EC 44665

Employing authority
For purposes of this article, "employing authority" means the
superintendent of the school district in which the employee is employed, or his
designee, or in the case of a district which has no superintendent, a school
principal or other person designated by the governing board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44666

Article 12. School-Based Management and Advanced Career
Opportunities for Classroom Teachers Programs
 (a) The Legislature finds that a primary goal of every public school
should be the creation of effective and productive learning environments
for pupils. Increasing the educational effectiveness and productivity
of public schools may require new ways of organizing instructional and
administrative staff which increase the collective investment of all schoolsite
educators in the success of their school. The Legislature also finds that
innovation and change are frequently discouraged by undue administrative and
organizational rigidity. The Legislature intends that the school district's role in
working with schoolsites be characterized by setting clear goals, providing
sites the flexibility to achieve those goals, offering high quality
technical assistance and support, and holding sites accountable for
performance. The Legislature supports shifting from a rule-based system to a
performance-based system of accountability. Those educators closest to pupils should
be free, within limits, to create learning environments appropriate to
their circumstances. The Legislature declares its intent not to diminish
the leadership roles of school districts and site-level
administrators. However, the Legislature does intend to encourage schools to foster
more professional collaboration where teachers and principals, as an
educational team, are responsible for creating the conditions that make more
effective teaching and learning possible, and where schoolsite educators as a
group have responsibility for the functioning and performance of their
school.

It is the further intent of the Legislature to encourage and foster a
shift in public school administration from a system that rigidly controls
and directs what goes on at the next lowest level, to a system that guides
and facilitates professionals in their quest for more productive
learning opportunities for their pupils.

(b) The Legislature further finds and declares all of the following:

(1) Hierarchical decisionmaking has tended to reduce the
effectiveness and productivity of teachers in educating pupils. A more
collaborative decisionmaking process may result in more effective teaching and
pupil learning.

(2) A true profession should offer individuals the opportunity for
growth in their careers and in their professional lives.

(3) Professional growth brings with it additional responsibilities
and accountability, and taking greater responsibility allows the
professional to achieve enhanced status and higher salary, and to make a
contribution to the profession.

(4) The current staffing structures and compensation structures in
California school districts that emphasize seniority in setting teacher
salaries and uniformity in teachers' roles do not adequately reward teaching
excellence, exceptional achievement, or the assumption of additional
educational responsibilities by teachers.

Neither do they provide an incentive for teachers to continue to
pursue excellence.

(5) The establishment of advanced career opportunities for
teachers, in conjunction with greater teacher involvement in schoolsite
management, should increase the variety and responsibility of a teacher's work.
It should also provide: (A) a mechanism for restructuring salary
schedules to recognize experience, additional work and responsibility; and
(B) the opportunity for performance-based contracts with teachers or
groups of teachers.

(6) Advanced career opportunities for teachers should also provide
an incentive for teachers to remain in teaching, upgrade their skills,
and improve the instructional program.

(Added by Stats. 1989, Ch. 1282, Sec. 1.)




Education Code
EC 44667

Procedures
(a) It is the intent of the Legislature to encourage school districts
to plan and implement alternative models of school-based management
projects, or advanced career opportunities for classroom teachers projects,
or a combination of both, for one or more schools in the district.
Further, it is the intent of the Legislature that school district governing
boards and administrators work with classroom teachers and teacher
bargaining units to develop and strengthen procedures that increase teachers'
decisionmaking authority in responsibilities that affect their ability to teach.
These procedures may include, but need not be limited to, the following:

(1) Selection of new teachers and administrators.

(2) Evaluation of teacher and administrator performance.

(3) Selection of curricular areas for improvement.

(4) Tailoring and coordination of curriculum and instruction across
grade levels and within departments at the schoolsite level.

(5) Establishment of pupil discipline policies.

(6) Design and conduct of staff development programs and policies.

(7) Assignment of pupils and scheduling of classes.

(8) Schoolwide problem solving and program development.

(9) Organization of the school for effective instruction.

(10) Development of procedures designed to institutionalize
teacher involvement in decisionmaking.

(11) Determining the roles and functions of teachers,
administrators, and classified employees at the school site.

(12) Development of alternative methods of teacher compensation
that reward teaching excellence, exceptional achievement or the
assumption of additional educational responsibilities.

(13) Establishment of policies to decentralize district
decisionmaking by providing schoolsite administrators and teachers with greater
budget authority including the allocation of fiscal, personnel, and other
resources at the schoolsite.

(b) Participation of school districts in the programs established
pursuant to this article shall be on a voluntary basis. A school district shall
be eligible to participate only upon the approval of participation by
both the governing board of the district and the exclusive representative
of certificated employees of the district.

(Added by Stats. 1989, Ch. 1282, Sec. 1.)




Education Code
EC 44667.2

Proposal components
It is the intent of the Legislature that each school district's
school-based management proposal shall include the following:

(a) A plan for involving parents in the planning, implementation, and
evaluation of school restructuring efforts.

(b) A plan for staff development that shall be made available to
participating school personnel in order to assist in restructuring elements
specified in the district proposal.

(c) A plan for regularly assessing the progress of participating
schools in meeting the goals identified in the funding proposal. Assessment
plans shall include provisions for the collection of information on
various school-level indicators including pupil performance, detentions,
pupil and teacher absenteeism, and staff turnover. Districts are
encouraged, as well, to establish a process of onsite quality reviews with the
objective of evaluating the quality of instruction, leadership, staff
development, and the planning and decisionmaking processes at participating
schools.

(Added by Stats. 1989, Ch. 1282, Sec. 1.)




Education Code
EC 44668

Advanced career opportunities
(a) "Advanced career opportunities for classroom teachers" means a
compensation system developed jointly by the governing board of a school district
and the exclusive representative of certificated employees for one or
more of the schools in the district that may include the following
components:

(1) Extended contract days.

(2) Additional pay for additional duties or responsibilities.

(3) Differentiated staffing.

(4) Additional pay for meeting contracted performance goals.

(b) Each Advanced Career Opportunity Program shall include the
following components:

(1) Fair selection procedures for job enlargement activities.

(2) An evaluation procedure developed jointly by the governing board
of the district and the exclusive representative of certificated
employees that provides for periodic, fair, objective, and consistent
evaluation of educator performance for purposes of placement and career
advancement.

(3) A plan for the periodic review of the district's Advanced Career
Opportunity Program.

(Added by Stats. 1989, Ch. 1282, Sec. 1.)




Education Code
EC 44669

Waiver requests
(a) Notwithstanding any other provision of law, for the purposes of
implementing a program established pursuant to this article, the State Board of
Education may waive any part, article, or section of this code, or any regulation
adopted by the State Board of Education that implements this code upon request
by a governing board of a school district on a districtwide basis or on
behalf of its schools or programs, if the governing board does both of the
following:

(1)  Provides written documentation that the exclusive
representative of certificated employees concurs with the request.  Failure of the
exclusive representative of certificated employees to concur in the waiver
request shall constitute cause for its denial.

(2) Demonstrates that the waiver request is necessary to implement
the proposed pilot project.

(b) Subdivision (a) does not apply to Section 51513 or Part 26
(commencing with Section 46000), other than Section 46206.

(Amended by Stats. 1998, Ch. 313, Sec. 3.)

Reference:
Education Code 46000
Education Code 46206
Education Code 51513



Education Code
EC 44670.1

Chapter 3.1. School Personnel Staff Development and Resource
Centers. Article 1. School Development Plans. Legislative intent
 The Legislature recognizes the necessity for school development
which results in direct improvement of instruction to pupils. The
Legislature, by the provisions of this article, intends to give all those who work
with pupils ongoing opportunities to strengthen subject matter
knowledge, instruction, and support through locally designed school
development plans.

(Amended by Stats. 1988, Ch. 1362, Sec. 2.)




Education Code
EC 44670.2

School personnel
As used in this article:

(a) "School personnel" means all persons who work directly and on a
regular basis with pupils, including teachers, administrators, pupil
services employees as defined in subdivision (e) of Section 33150,
paraprofessionals and volunteers.

(Added by Stats. 1977, Ch. 966.)

Reference:
Education Code 33150




Education Code
EC 44670.3

School development plans; components
School development plans authorized by this article shall include
staff development activities directly related to the annual school
improvement objectives developed in accordance with Section 44670.4, and shall
assist personnel at the local school site to do the following:

(a) Improve instructional practices in each subject, strengthen
subject matter knowledge, and improve support services based on a continuing
examination of instruction and learning in the subject areas offered by the
school. That examination shall include research, if any, based on classroom
experience that is conducted by teachers in accordance with those research
standards and procedures that are generally accepted in higher education.

(b) Ensure that subject matter requirements, instructional
strategies, and instructional materials meet uniformly high academic standards
and are responsive to the diversity among pupil learning needs and styles
in a multicultural society, including underachieving pupils and
pupils with exceptional abilities or needs.

(c) Review, select, and learn to utilize curricula and instructional
materials in a wide variety of subject areas, giving consideration to the
state-recommended curriculum framework and model curriculum standards in each subject
matter area.

(d) Address ways in which educational technology can support the
instructional program.

(e) Improve the school and classroom environments, including
working relationships among pupils, parents and guardians, teachers, and
other community members of various ethnic and cultural backgrounds.

(f) Develop tolerance programs that capitalize on the positive
potential of ethnic diversity and offer educators solutions for confronting
problems generated by a multiethnic constituency, with the following goals:

(1) Building a greater awareness among educators of the issues of
tolerance and diversity.

(2) Exposing working professionals to the dynamics of prejudice and
discrimination that impede effective learning.

(3) Providing a broad range of multicultural viewpoints that may
influence relationships among pupils, and between pupils and teachers.

(4) Providing solutions for conflicts that result from multiethnic
disputes.

(g) Improve pupil attendance.

Reference:
Education Code 44670.4

(Amended by Stats 2000, Ch. 960, Sec. 2)

Education Code
EC 44670.4

Annual school improvement objectives
(a) At each school that establishes a school development plan
authorized by this chapter, annual school improvement objectives shall be
developed by a process that involves classroom teachers selected by teachers;
other school personnel, including instructional paraprofessionals; the
principal; parents; other community members; and, in secondary schools,
pupils. The improvement objectives shall address, but need not be limited to,
the objectives specified in Section 44670.3 and the capacity of school
personnel to provide the services required of them. At the secondary school
level, the process shall include teacher representation from each of the
major academic subject areas provided by the school.

(b) At both the elementary and secondary school levels, school
development plans shall do all of the following:

(1) Address each of the subject areas specified in Section 51210 or
Section 51220, provided that different subject matter areas may be
emphasized in different years.

(2) Specify how services available through subject matter projects
established pursuant to the California Writing Project created pursuant to
Chapter 162 of the Statutes of 1980, the California Mathematics Project
created pursuant to Chapter 196 of the Statutes of 1982, and the California
Science Project created pursuant to Section 52955, and pursuant to Chapter 5
(commencing with Section 99200) of Part 65 shall be used to meet the objectives
specified in Section 44670.3.

(Amended by Stats. 1989, Ch. 1256, Sec. 12.)

Reference:
Education Code 44670.3
Education Code 51210
Education Code 51220
Education code 52955
Education Code 99200





Education Code
EC 44670.5

School plan
(a) Each school that is receiving funds for the purposes of this
article or that chooses to utilize the provisions of this article shall have a
single plan to strengthen subject matter and instruction, consistent with
rules and regulations adopted by the school district governing board.   If a
school develops or has developed a school plan pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part 28 of the School-Based
Program Coordination Act, the planning requirements of this article shall be
met by including within that plan the requirements specified in Section
44670.9 and by meeting the requirements of Sections 44670.3 and this
section.

(b) If a school develops or has developed a school plan pursuant to the
School-Based Pupil Motivation and Maintenance Program and Dropout Recovery Act,
Article 7 (commencing with Section 54720) of Chapter 9 of Part 29, or any other
state or federal categorical education program, the provision of that
school plan shall be included within the plan to strengthen subject matter
and instruction, developed pursuant to this article and, in so doing, the
school shall be deemed to have complied with the requirements of those
programs. The plans shall include professional development of the personnel
employed at the school necessary to meet the requirements of the plan. The plan
shall also describe opportunities for parents to participate in
professional development programs.  The professional development programs shall
also include all of the following:

(1) Provide opportunities for all school personnel and interested
parents or guardians of pupils enrolled in the school to participate in
ongoing staff development activities pursuant to the objectives specified
in Section 44670.3.

(2) Be designed and implemented under the direction of parents and
guardians of pupils enrolled in the school, classroom teachers, other
participating school personnel, including the school principal and one or more
mentor teachers, and, as appropriate, other nonadministrative
certificated personnel, including, but not limited to, counselors, librarians,
and nurses, and, as appropriate, in consultation with resource agencies
or consortia established pursuant to Article 2 (commencing with
Section 44680), institutions of higher education, and subject matter
projects established pursuant to this code.  Classroom teachers selected by
teachers shall comprise the majority of any group designated to design
professional development activities for instructional personnel.

(3) Allow for diversity in professional development activities,
including, but not limited to, study of theory and rationale, observation of
demonstration lessons, practice opportunities for peer coaching, consultation,
and feedback in the classroom setting, and systematic observation
during visits to other classrooms or schools.

(4) Be conducted during time that is set aside for that purpose
throughout the year, including, but not limited to, time on a continuing basis
when participating school personnel are released from their regular
duties.

(5) Be evaluated and modified on a continuing basis by participating
school personnel in consultation and, as appropriate, with regional
resource consortia personnel and subject matter project personnel, based
upon benefits to staff and pupils.

(6) Include the school principal and other administrative personnel
as active continuing participants in one or more professional
development activities implemented pursuant to a school development plan.

(7) Make available followup activities to assist participating
staff in using newly acquired skills on the job.

(8) Promote the professional development of instructional
paraprofessionals in the schools, including activities that will encourage
instructional paraprofessionals to pursue the education and training necessary to
become classroom teachers.

(Amended by Stats. 1998, Ch. 864, Sec. 1.)

Reference:
Education Code 44670.3
Education Code 44670.9
Education Code 44680
Education Code 52850
Education Code 54720




Education Code
EC 44670.7

Waiver
Any school district governing board, upon petition by a committee
created pursuant to subdivision (b) of Section 44670.5, may request the State
Board of Education to grant a waiver of any provision of this code (except
Article 3 (commencing with Section 44930) of Chapter 4 and Part 26 (commencing
with Section 46000) ); or Title 5 of the California Code of Regulations
(except regulations adopted pursuant to Article 3 (commencing with Section
44930) of Chapter 4) if the waiver is necessary or beneficial to the
successful implementation of a school development plan. The State Board of
Education may grant the request when the facts indicate the failure to do so would
hinder the implementation plan. The action shall be taken not later than the
second regular meeting of the State Board of Education following receipt of a
waiver request or the request for a waiver shall be deemed approved. In the
event the request for a waiver is denied, the reasons for the denial shall be
communicated without delay to the requesting school district and school. The
waiver shall apply only to the requesting school or schools, and shall be
effective for no more than two years. The State Board of Education may renew a
waiver request.

(Amended by Stats. 1988, Ch. 1362, Sec. 7.)

Reference:
Education Code 44670.5
Education Code 44930
Education Code 46000




Education Code
EC 44670.9

Request for funding; school development plans
A committee created pursuant to subdivision (b) of Section 44670.5
may request of the school district governing board funding to implement a
school development plan. The request shall consist of a three-year school
development plan to meet school improvement objectives established pursuant to
Section 44670.4 and Section 44670.5. School development plans shall
describe all of the following: (a) the specific subject matter areas addressed
by the plan; (b) professional development objectives and steps
necessary to achieve such objectives including intended outcomes; (c) how any
staff development activities, regardless of funding source, are
incorporated into the plan; (d) how the school development plan is articulated with
the school district development plan; (e) a budget directly related to
proposed school development activities that identifies, coordinates, and
makes efficient use of existing resources which will be directed to support
the school development plan; and (f) procedures for ongoing evaluation
and modification of the school development activities, including
evaluation of the long-term impact of school development activities on pupil
learning and professional growth of staff; (g) how any professional
development days made available to school staff pursuant to Section 44670.6 may be
used to further the professional development goals and objectives of the
school.

The request shall include evidence that all of the activities in the
professional development component of the school development plan meet the
requirements for professional growth activities as described in Section 44277.

School development plans required by this article shall be updated
annually and approved every two years, consistent with improvement
objectives established annually pursuant to Sections 44670.4 and 44670.5.

(Amended by Stats. 1989, Ch. 1256, Sec. 13.)

Reference:
Education Code 44670.4
Education Code 44670.5
Education Code 44670.6
Education Code 44277




Education Code
EC 44671

District development plan
Governing boards of participating school districts shall:

(a) Establish policies and identify resources necessary to the
successful implementation of this chapter, including a district development
plan to meet the objectives specified in Section 44670.3. The district
plan shall be designed to support coordinated professional development
for administrators, teachers, other certificated personnel, and
classified personnel, consistent with district development objectives. In
school districts with average daily attendance greater than 2,500 pupils,
professional development activities for each category of school personnel shall
be designed and implemented in consultation with personnel
representing that category. The district development plan shall do all of the
following:

(1) Demonstrate a comprehensive approach to staff development to
ensure that each of the subject areas specified in Sections 51210 and 51220
receive staff development support, provided that different subject matter
areas may be emphasized in different years.

(2) Specify how services available pursuant to the California
Writing Project created pursuant to Chapter 162 of the Statutes of 1980, the
California Mathematics Project created pursuant to Chapter 196 of the Statutes
of 1982, and the California Science Project created pursuant to Section
52955, and pursuant to Chapter 5 (commencing with Section 99200) of Part 65
shall be used to meet annual improvement objectives.

(3) Include a process for the phase-in of all schools that choose to
create and implement school development plans.

(b) Develop the capacity to assist schools, upon request, to plan,
implement, and evaluate school development plans. School districts may develop
the capacity to assist schools in conjunction with other districts, the
county superintendent of schools, institutions of higher education, local
subject matter projects, or a resource agency or consortium established
pursuant to Article 2 (commencing with Section 44680).

(c) To the extent the district receives funding for this purpose
pursuant to Section 44671.1, allocate to any school that is not already
receiving funds for school improvement pursuant to Chapter 6 (commencing with
Section 52000) of Part 28, funding pursuant to this article. Allocations may
only be made to a school with an approved school development plan. Each
district shall ensure that participating schools represent the diversity of
pupil population and include schools that serve low-income and
underachieving pupils.

(d) Ensure reasonable opportunities for representatives of each
requesting school to meet with the governing board or its designated
representatives to discuss the school development plan.

(e) Develop and disseminate to all schools criteria for school
development plan approval, and approve or disapprove school development plan
requests consistent with, but not limited to, district approval criteria, the
school district development plan, and regulations adopted by the State
Board of Education. In the event any plan is not approved, specific reasons
for that action shall be communicated to the applicant school.

(f) Assist schools to identify effective practices regarding, but
not limited to, the objectives described in Section 44670.3 and to
identify, coordinate, and make efficient use of existing resources to support
school development plans.

(g) Integrate professional development activities for
instructional paraprofessionals into the career development policy of the
district in order to provide incentives for instructional paraprofessionals
to pursue education and training which will improve instructional
skills and lead to a teaching credential.

(h) Annually certify to the Superintendent of Public Instruction the
number of school development plans funded and the aggregate amount of money
awarded for the plans, which may include a request for reimbursement to school
districts for the administrative costs of this chapter in an amount not to exceed
5 percent of the district's apportionment. School districts may
reserve up to an additional 5 percent of the school development allocation,
provided the funds are used for the purposes of developing and implementing the
school district development plan pursuant to this section and for the
purposes of providing assistance to schools consistent with any approved
school development plan

(Amended by Stats. 1989, Ch. 1256, Sec. 14.)

Reference:
Education Code 44670.3
Education Code 44671.1
Education Code 44680
Education Code 51210
Education Code 51220
Education Code 52000
Education Code 52955
Education Code 99200




Education Code
EC 44671.1

Superintendent of Public Instruction duties
The Superintendent of Public Instruction, in consultation with
subject matter projects and resource agencies and consortia, as
appropriate, shall:

(a) To the extent resources are available, assist district and school
personnel, upon request, to design, implement, and evaluate school and district
development plans authorized by this article.

(b) Ensure that procedures utilized by governing boards to approve
and evaluate school development outcomes are consistent with this
chapter and with standards and criteria adopted by the State Board of
Education, and include in existing program quality reviews an assessment of the
quality of the school development programs conducted at the school site.

(c) Annually apportion to school districts, county superintendents
of schools, and other qualified entities, funds appropriated for the
purposes of this article. It is the intent of the Legislature that districts
effectively use existing resources for school development available through the
School Improvement Program, state and federal compensatory education
programs, the Mentor Teacher program and any other state and federal
apportionments. It is the further intent of the Legislature that:

(1) In allocating funds among school development plans, resource
agencies and consortia, and subject matter projects, priority be afforded to
school level planning and subject matter projects, to the end that funding is
provided according to the following ratio: for every dollar allocated to
support a resource agency, at least three dollars ($3) shall be allocated to
support school level planning and at least one dollar (51) shall be allocated
to support one or more subject matter projects, until all subject matter
projects are implemented and adequately funded.

(2) The Legislature intends that in balancing the adequacy of
resources to effectively meet the requirements of this article against funding
a larger number of schools or entities, that the provision of adequate
resources to satisfy the requirements of this article prevail.

(3) In determining the funding level consideration shall be given to
funding levels provided in the past to support school plans and staff
development.

(4) If the amount appropriated for the purposes of this article is not
adequate to fund all school district and county superintendent of schools
apportionments as determined pursuant to paragraph (3), the Superintendent of
Public Instruction shall calculate and notify each school district and
county superintendent of schools of the amount which they shall receive,
based on the following criteria:

(A) No district or county superintendent of schools shall receive
more than the amount determined pursuant to paragraph (3).

(B) Funds shall be apportioned in a manner to ensure that the district
or county superintendent receives funds adequate to involve an entire
school or schools in programs operated pursuant to this article. Funding may
not be provided for only some of the enrollment of the school.

(C) The grant award for an individual school shall not be less than four
thousand dollars ($4,000).

(D) In identifying school districts and county superintendents to
receive apportionments pursuant to this article, the Superintendent of
Public Instruction shall consider at least the following criteria:

(i) Percentage of enrollment funded through the school improvement
program. such that first priority shall go to those agencies with the smallest
percentage enrollment in the school improvement program.

(ii) Balanced geographic distribution.

(iii) Balanced representation of the state in terms of the race,
socioeconomic status, and academic achievement of the students served

(Amended by Stats. 1989, Ch. 1256, Sec. 15.)




Education Code
EC 44671.2

Rules and regulations
The State Board of Education may adopt rules and regulations as
necessary to implement this article which shall include standards and criteria
for the approval of school development plans by school district
governing boards. Those rules and regulations shall be limited to the
following:

(a) The degree to which the objectives of school development plans
conform to objectives specified in Section 44670.3 and the district
development plan.

(b) The extent to which a substantial percentage of school personnel
at the school will participate in proposed professional development
activities.

(c) The adequacy of locally developed procedures to evaluate the
effectiveness of school development activities.

(d) The extent to which existing resources are identified,
coordinated, and used efficiently to support the school development plan.

(Amended by Stats. 1988, Ch. 1362, Sec. 11.)

Reference:
Education Code 44670.3




Education Code
EC 44671.3

Consolidation of standards and criteria
The State Board of Education shall, to the extent possible,
consolidate standards and criteria for the local approval and evaluation of
school development plans with existing requirements for state and federal
categorical programs, in order to minimize paperwork requirements of school
districts and schools.

(Amended by Stats. 1988, Ch. 1362, Sec. 12.)




Education Code
EC 44671.4

Funds may not be used to supplant
(a) Federal and state funds appropriated or apportioned for the
purposes of this article shall not be used to supplant funds currently expended
by school districts for the purpose of administering or conducting
professional development or school improvement programs.

(b) Funds apportioned in any fiscal year, but not expended in that
fiscal year, may be expended in the first subsequent fiscal year after the
allocation is provided.

(Amended by Stats. 1988, Ch. 1362, Sec. 13.)




Education Code
EC 44671.5

Definitions
As used in this article:

(a) "Instructional paraprofessional" means instructional aide, as
defined in Section 45343 and teacher aide, as described in Section 45361.5.

(b) "School district" includes a county office of education.

(Added by Stats. 1988, Ch. 1362, Sec. 14.)

Reference:
Education Code 45343
Education Code 45361.5




Education Code
EC 44680

Article 2. Resource Agency or Consortium. Definitions
As used in this article:

(a) "Resource agency or consortium" means an entity designated
pursuant to this article to assist public school personnel to develop school
and school district development plans pursuant' to Article 1
(commencing with Section 44670) and to meet the objectives established in an
approved school or district development plan. Resource agencies and
consortia may be designated by the State Board of Education upon approval of an
application of one or more school districts separately or in conjunction, as
appropriate, with one or more county superintendent of schools, public or private
nonprofit educational entities, or institutions of higher education, or any
combination thereof. Any resource agency or consortium shall be established only
upon the approval by the State Board of Education of an application as
described in this subdivision, subsequent to review of that application by the
Superintendent of Public Instruction and the receipt by the board of his or her
recommendation for disposition.

(b) "Local education agency" means any school district, by itself or
in conjunction, as appropriate, with any county superintendent of
schools, local public or private nonprofit educational entity, or
institution of higher education.

(c) "School development plan" means an approved plan established
pursuant to Article 1 (commencing with Section 44670.1) or Chapter 6
(commencing with Section 52000) of Part 28.

(d) "School personnel" means all persons who provide instructional
and support services to pupils, including teachers, administrators,
instructional paraprofessionals, and pupil services personnel.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)

Reference:
Education Code 44670
Education Code 44670.1
Education Code 52000




Education Code
EC 44680.1

Resource agencies
Any local education agency that has established a resource committee
as provided in Section 44680.4 may apply to establish one or more
resource agencies or consortia or may enter into an agreement with one or more
local education agencies in order to do so. A resource agency or consortium
may operate pursuant to a joint powers agreement entered into by the
participating agencies. The local educational agency administering this resource
agency or consortium may receive funding directly from the state, may apply
for grants, and may engage in fundraising.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)

Reference:
Education Code 44680.4




Education Code
EC 44680.2

Resource agency duties
Each resource agency or consortium shall do all of the following:

(a) Assist schools and districts, upon request, to create,
implement, and evaluate school and district development plans pursuant to
Article 1 (commencing with Section 44670.1). The first priority for any
resource agency or consortium shall be to assist schools without an
improvement plan to develop a school plan which meets the requirements of Article 1
(commencing with Section 44670)

(b) Facilitate access by school personnel and local education
agencies, to the resources of business and industry, and other groups and
individuals providing high quality professional development that meets the
objectives of an approved school development plan or a district development
plan.

(c) Provide professional development that meets the objectives of
one or more approved school development plans, a district development
plan, or a regional plan developed pursuant to subdivision (a), provided
that action does not duplicate quality professional development offered
by local education agencies or other providers that is accessible to the
same personnel.

(d) Provide incentives and employ procedures to ensure that
professional development resources and activities are available to teachers of
pupils with diverse learning needs and styles in a multicultural society,
including underachieving pupils and pupils with exceptional needs or
abilities.

(e) Assist classroom teachers, including mentor teachers, to
provide staff development which meets the criteria specified in Section
44670.5.

(f) Assist in the interpretation of state-recommended curriculum
frameworks.

(g) Review and comment upon school development plans and district
development plans in the region served by the agency or consortium.

(h) Disseminate information regarding professional development
practices and models to schools, school districts, and county superintendents
of schools located in the region served by the consortium pursuant to
procedures established under Article 3 (commencing with Section 44681).

(i) Assist local subject matter projects in the region served by the
center to sustain and extend the impact of their staff development
programs.

(j) Facilitate cooperative agreements between school districts and
institutions of higher education that will enable and encourage instructional
paraprofessionals to complete the education necessary to become credentialed
teachers. "Instructional paraprofessional," for the purposes of this
section, means instructional aide, as defined in Section. 45343 and teacher
aide, as described in Section 45361.5.

(k) Assist schools, upon request, in the evaluation of staff
development activities and outcomes.

(l) Assist schools, upon request, in improving professional
development services through the use of technology.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)

Reference:
Education Code 44670
Education Code 44670.1
Education Code 44670.5
Education Code 44681
Education Code 45343
Education Code 46361.5




Education Code
EC 44680.4

Resource committee
Each resource agency or consortium shall be advised by a resource
committee representing participating agencies, and others, as appropriate.
Classroom teachers selected by teachers shall comprise the majority of the
resource committee members. In establishing a resource committee, the
resource agency or consortium shall also include representatives, as
appropriate, from all of the following:

(a) The schools served by the agency or consortium

(b) Institutions of higher education that provide undergraduate
education, maintain a department of education, and are located in, near, or
adjacent to, the area served by the agency or consortium. In the event that more
than one representative from institutions of higher education is
selected, the additional representative or representatives shall not
represent the same segment of postsecondary education.

(c) Business or industry.

(d) A local subject matter project serving the region.

(Amended by Stats. 1989, Ch. 1256, Sec. 16.)




Education Code
EC 44680.5

Committee
(a) Each committee shall operate pursuant to guidelines established
by the local education agency of the region served by the resource agency
or consortium as specified in an approved application to create an
agency or consortium.

(b) Any actions taken by a committee shall be subject to all of the
limitations imposed by law upon the local education agency.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)




Education Code
EC 44680.6

Superintendent of Public Instruction duties
The Superintendent of Public Instruction shall do all of the
following:

(a) Review applications to establish resource agencies or
consortia, and recommend approval or disapproval for the State Board of
Education, in accordance with standards and criteria adopted by the board.

(b) Assist school district personnel and resource consortia upon
request, to design, implement, and evaluate professional development
services authorized by this article.

(c) Facilitate communication among consortia established pursuant
to this article.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)






Education Code
EC 44680.7

Rules and regulations
The State Board of Education may adopt rules and regulations
necessary to implement this article and shall, at a minimum, develop and
disseminate guidelines necessary to implement this article. The board shall
approve or disapprove applications to establish resource agencies or
consortia upon the receipt from the Superintendent of Public Instruction of his
or her recommendation for disposition, and shall ensure that resource
agencies or consortia are distributed throughout the state so that school
personnel employed in rural, urban, and suburban school districts may avail
themselves of agency or consortium services. However, first priority for the
consortia or agency shall be areas where the resource services are least
available. Any ranking of applications included by the Superintendent of Public
Instruction in his or her recommendations for disposition shall include a copy of
each application and a summary of the information wed to determine the
ranking. Approval shall be for a period of five years. Prior to the end of the
approved period the agency or consortium application process shall be
reopened. An agency or consortium may reapply for funding.

(Added by Stats. 1988, Ch. 1362, Sec. 16.)




Education Code
EC 44681

Article 3. Administrator Training and Evaluation
The Legislature recognizes that the principal plays a pivotal role in
the life of a school. Research indicates that at schools where pupil
achievement is higher than might be expected, principals provide strong
leadership and support. Teachers at these schools report that their principals
facilitate innovation, support teachers in efforts to promote new ideas, and
assist staff to acquire needed skills and materials. Other studies show that
the principal is the most effective agent for bringing about educational
improvement.

The Legislature further recognizes that although principal
leadership is essential to effective instruction, research shows that many
principals are neither prepared nor encouraged to be educational leaders.
According to principals and others, administrator training does not always
match responsibilities of the job, and opportunities for continuing
development are inadequate.

The Legislature, by the provisions of this article, intends to
provide site and central district administrators ongoing opportunities to
improve their management and leadership skills. The Legislature intends
that administrator support and development activities funded by this
article will result in direct improvements in services to California public
school pupils. The Legislature further intends that current funding for
duplicative educational programs be redirected to fund the provisions of this
article.

It is also the intention of the Legislature to enhance the
desirability of teaching as a profession by promoting a school environment that
facilitates a constructive working relationship between teachers and
administrators.

(Amended by Stats. 1986, Ch. 363, Sec. 1.)




Education Code
EC 44682

Fundings requirements
(a) Any school district, county superintendent of schools, or
consortium of those entities shall be eligible for funds in order to establish an
administrator training and evaluation program, which shall provide to school
administrators support and development activities designed to improve clinical
supervision skills.

(b) In order to receive funding for an administrator training and
evaluation program, a school district, county superintendent, or consortium
shall:

(1) Develop a three-year plan for support and development
activities, based on a systematic assessment of unmet needs of pupils and school
personnel in the districts to be served.

(2) Operate the program in conjunction with the teacher education and
computer center which serves the school district or county office of education
or, in the case of a program operated by a consortium, operate the program
in conjunction with one or more teacher education and computer centers
which serves a school district or county office of education in the
consortium.

(Amended by Stats. 1983, Ch. 498, Sec. 35. Effective July 28, 1983.)




Education Code
EC 44683

Three-year plan
(a) The three-year plan developed pursuant to paragraph (1) of
subdivision (b) of Section 44682 shall address, but need not be limited to,
objectives identified pursuant to Sections 44670.4, 52014, and 52015, and the
capacity of site and central district administrators to provide leadership
necessary to do the following:

(1) Improve instructional, management, human development, and
counseling skills.

(2) Ensure that curricula, instruction, and materials are keyed to
the educational needs of each pupil, with particular emphasis on pupils
who have not achieved proficiency in basic reading, writing, and
computational skills, limited and non-English speaking pupils, disadvantaged
pupils, and pupils with exceptional abilities or needs.

(3) Develop curricula and instructional materials in a wide variety
of areas such as arts and humanities and physical, natural, and social
sciences.

(4) Promote, facilitate, and ensure active participation of the
school staff in the school decisionmaking process, and collaboration among
the school staff, and among the staff and members of the school community,
in the educational and administrative planning, implementing, and
evaluating of the school program.

(5) Improve the school and classroom environment, including
relationships between and among pupils, school personnel, and community members,
including parents.

(6) Make available followup activities to assist participating
individuals in using newly acquired skills on the job.

(b) Each three-year plan shall describe the following:

(1) General staff development objectives and steps necessary to
achieve the objectives in subdivision (a), including intended outcomes.

(2) A proposed budget.

(3) Procedures for ongoing evaluation and modification of training
activities including evaluation on a continuing basis by participating
administrators and outside personnel as necessary.

(c) Administrator training and evaluation programs shall be
designed and implemented under the direction of participating school and
district administrators, including the district administrators or
administrators responsible for supervision of curriculum and instruction, and in
cooperation with teacher training institutions. The programs shall allow for
diversity in development activities, including, but not limited to, small
groups, self-directed learning, and systematic observation during visits
to other schools.

The district administrator or administrators responsible for
curriculum and instruction, or other central district administrators shall be
included as active participants in one or more staff development activities
pursuant to this article whenever appropriate.

The amendments made to Section 44681 and to paragraph (4) of
subdivision (a) of this section by the Statutes of 1986 shall be applicable only to
three-year plans developed on or after January 1, 1987.

(Amended by Stats. 1986, Ch. 363, Sec. 2.)

Reference:
Education Code 44670.4
Education Code 44681
Education Code 44682
Education Code 52014
Education Code 52015




Education Code
EC 44684

Specific time set aside to conduct programs
Administrator training and evaluation programs shall set aside
specific times throughout the school year to conduct programs. The times shall
include, but not be limited to, periods when participating administrators are
released from their regular duties.

(Amended by Stats. 1983, Ch. 498, Sec. 37.)




Education Code
EC 44685

Waiver request
Any school district governing board, upon petition by a majority of
the administrators designated to design an administrator training and
evaluation program, may request the State Board of Education to grant a waiver of
any provision of this article.

(Amended by Stats. 1983, Ch. 498, Sec. 38.)




Education Code
EC 44686

Rules and regulations
The State Board of Education shall adopt rules and regulations
necessary to implement the provisions of this article.

(Added by Stats. 1982, Ch. 1388, Sec. 4.)




Education Code
EC 44687

Technical assistance; assessment
The State Department of Education may provide technical assistance,
at the request of any entity involved in establishing and implementing
an administrator training and evaluation program. At the request of the
Legislature, the department shall assess the effectiveness of the training
provided by administrator training and evaluation programs.

(Amended by Stats. 1983, Ch. 498, Sec. 39.)




Education Code
EC 44688

Funding
(a) Federal and state funds appropriated or apportioned for the
purposes of this article shall not be used to supplant funds currently expended
by school districts for the purpose of administering or conducting
staff development programs.

(b) Priority in funding shall be given to applicants who provide
evidence of the following:

(1) Programs designed to strengthen clinical supervision skills of
site administrators.

(2) Specific substantial district support to implement proposed
administrator development activities.

(3) A high degree of collaborative planning of proposed activities
among school principals, and between principals and central district
administrators.

(4) A process to continue a high degree of collaboration among school
principals and between principals and central district administrators in
implementing, evaluating, and modifying development activities funded by this
article and other state education programs.

(5) A direct relationship between proposed activities and specific
school improvement goals developed pursuant to an existing or new process
which involves principals, central district administrators, teachers,
other school personnel, secondary students, and parents.

(c) Lowest funding priority shall be given to programs designed for
the primary purpose of granting a degree or a credential to participating
staff.

(Amended by Stats. 1983, Ch. 498, Sec. 40.)




Education Code
EC 44689

Annual funding
It is the intent of the Legislature that the administrator training
and evaluation programs be funded annually in each Budget Act.

(Amended by Stats. 1983, Ch. 498, Sec. 41.)





 44689.1


Article 4.  Evaluation of Certificated Employees
(a) The Legislature finds and declares all of the following:

(1) Strong schoolsite administrators play a pivotal role in the life
of a school and are essential for successful schools.  The principal, as
leader of the schoolsite educational team, is the most effective agent for
bringing about educational improvement.

(2) An important component of effective leadership is evaluation of
employees.

(3) Training in effective evaluation strategies and techniques that
supports instructional improvement is essential.

(b) It is the intent of the Legislature that administrators assigned
to evaluate certificated employees possess certain demonstrated
competencies in assessment of employees.

(Added by Stats. 2000, Ch. 935, Sec. 1.)


 44689.2


Evaluation of Certificated Employees
(a) The Superintendent of Public Instruction shall, with the
approval of the State Board of Education, award a grant to any eligible
applicant school district, county office of education, or charter school, for
the purpose of providing necessary administrator training pursuant to
this article.  The grant shall consist of an amount not to exceed four
hundred dollars ($400) per administrator scheduled to receive training as
set forth in this article.

(b) The Superintendent of Public Instruction shall administer this
article and shall, where necessary, implement actions of the State Board of
Education governing the implementation of this article.

(c) (1) Programs funded pursuant to this section shall include all of
the following:

(A) Techniques and strategies for successful supervision,
observation, diagnosis, and conferencing with teachers that support
instructional improvement.

(B) Documentation and writing techniques necessary for effective
written evaluations.

(C) A knowledge of evaluation, assessment, and dismissal procedures
pursuant to Article 11 (commencing with Section 44660) of Chapter 3 and Article
3 (commencing with Section 44930) of Chapter 4.

(2) The programs shall provide sufficient flexibility to meet the
needs of the state's diverse school districts.

(3) The programs shall set forth the sources for appropriate
professional development, including, but not limited to, the Governor' s
Principal Leadership Institute pursuant to Chapter 12 (commencing with
Section 92855) of Part 57, onsite training offered by practitioners and
consulting experts, and academies offered by professional associations.

(d) This article shall not be implemented during any fiscal year for
which funds have not been appropriated for these purposes.

(Added by Stats. 2000, Ch. 935, Sec. 1.)

Education Code
EC 44689.5

Chapter 3.15. Pilot Project for Administrative Personnel
(a) Any county superintendent of schools or consortium of school
districts may apply to the State Board of Education to establish a pilot project
to assist selected school districts to recruit and select
administrative personnel. The pilot project shall be funded annually in the Budget
Act. The pilot project may do the following:

(1) Gather and organize information regarding effective techniques
for selecting and evaluating management personnel.

(2) Serve as a clearinghouse for candidates and school districts.

(3) Assist school districts to evaluate candidates according to
competencies prescribed by the districts, with particular attention to
supervision of curriculum and instruction.

(4) Conduct research regarding improved techniques for evaluating
administrative talent.

(5) Train appropriate central district administrators in needs
assessment and selection procedures used when hiring school principals and
other administrative staff.

(b) In approving pilot projects, the State Board of Education shall
attempt to achieve a balanced representation among urban, rural, and
suburban areas throughout the state.

(Added by Stats. 1983, Ch. 498, Sec. 42.)




Education Code
EC 44690

Chapter 3.2. Staff Development in the Detection of Child Abuse and
Neglect
 "School personnel" means all persons who work directly and on a
regular basis with pupils, including teachers, administrators, pupil
service employees defined in subdivision (e) of Section 33150,
paraprofessionals and volunteers.

(Added by Stats. 1978, Ch. 1225.)

Reference:
Education Code 33150




Education Code
EC 44691

Information on detection of child abuse
The State Office of Child Abuse Prevention shall develop and
disseminate information to all school districts and district school personnel in
California regarding the detection of child abuse. The information may be
disseminated by the use of literature, as deemed suitable by the Department of
Education. Staff development seminars and any other appropriate means of
instructing school personnel in the detection of child abuse and neglect and the
proper action that school personnel should take in suspected cases of child
abuse and neglect, shall be developed by the Department of Education.

(Added by Stats. 1978, Ch. 1225.)




Education Code
EC 44695

Chapter 3.25.  Mathematics Staff Development. Article 1. Coursework
in Mathematics for Teachers of Mathematics for Pupils in Grades 4 to 12,
Inclusive
 The State Department of Education shall administer a program of staff
development grants to reimburse school districts and county offices of education
for fees and materials costs for teachers to take mathematics courses
offered by the mathematics departments at accredited institutions of higher
education.  The purpose of the staff development coursework is to increase the
content knowledge of teachers who teach mathematics to pupils in grades 4 to
12, inclusive, in order to increase the teacher's capability to impart
knowledge of mathematics content consistent with the academically rigorous
content standards adopted by the State Board of Education in the subject of
mathematics.  The department shall do all of the following:

(a) Develop criteria, guidelines, and procedures as necessary and
submit these to the State Board of Education for amendments, if any, and
approval.

(b) Identify school districts that meet eligibility requirements
for grant awards.

(c) Calculate an allotment for eligible school districts pursuant to
Section 44695.5.

(d) Allocate funds to eligible school districts pursuant to Section
44695.5 based on the actual cost of fees and materials.

(Amended by Stats. 1999, Ch. 646, Sec. 21.)

Reference:
Education Code 44695.5



Education Code
EC 44695.3

Standards - Based Staff Development Act
A school district shall do all of the following to be eligible for
receiving grants pursuant to this article:

(a) Meet either of the following criteria:

(1) Have employed teachers who are assigned to teach mathematics
outside the authorization of their credential.

(2) Have employed teachers who hold a credential for teaching in a
self-contained classroom, who are assigned to teach pupils in any of grades 4 to 6,
inclusive, and who have not completed more than three college-level courses in
mathematics.

(b) Inform all district teachers who teach mathematics to pupils in
grades 4 to 12, inclusive, of the availability of payments for fees and
materials in courses in mathematics.

(c) From the funds allotted to the school district pursuant to Section
44695.5, pay for the fees and materials costs of teachers based on their need for
mathematics training.  Highest priority shall be given to teachers with the least
college-level   mathematics training.  Consideration shall be given to the needs of a
school in extending its course offerings.

(d) Ensure that each teacher who receives the staff development
training in mathematics, as authorized in this chapter, meets all of the
following conditions:

(1) Has designed a professional development plan that specifies the
sequence of courses that the teacher will take in order to fulfill the course
requirements for a mathematics minor, major, teaching credential, or advanced
degree, as appropriate.

(2) Obtains a grade of C or better in the course.

(3) For a teacher described in paragraph (2) of subdivision (a), the
teacher has a professional development plan that specifies the course or
sequence of courses that the teacher will need to complete in order for the
teacher to have the appropriate knowledge of mathematics necessary to teach
the subject.

(e) Apply to the State Department of Education for a staff development
grant pursuant to this chapter and certify the number of teachers employed
by the district meeting the criteria in subdivision (a).

(Added by Stats. 1998, Ch. 316, Sec. 3.)

Reference:
Education Code 44695.5



Education Code
EC 44695.5

Standards - Based Staff Development Act
The State Department of Education shall calculate an allotment of
funding that each school district is eligible to receive in reimbursement of
fees and materials costs of coursework completed by teachers for the
purpose of increasing mathematics teachers' content knowledge in the
subject of mathematics.  The amount of the funding that each district is
eligible to receive shall be equal to the amount of funding provided for the
purpose of this chapter in the Budget Act of 1998, divided by the number of
teachers reported in subdivision (e) of Section 44695.3 for the school year in
which the application is made. The amount shall not exceed two thousand five
hundred dollars ($2,500) per eligible teacher.

(Added by Stats. 1998, Ch. 316, Sec. 3.)

Reference:
Education Code 44695.3



Education Code
EC 44695.7

Standards - Based Staff Development Act
Funds received pursuant to this article may be expended only for fees
and required course materials for courses in mathematics offered by the
mathematics departments at accredited institutions of higher education.

(Amended by Stats. 1999, Ch. 646, Sec. 22.)



Education Code
EC 44695.9

Standards - Based Staff Development Act
A teacher may be eligible to receive payment for fees and materials
costs of more than one course during a fiscal year, provided that the
priorities established pursuant to subdivision (c) of Section 44695.3 are being
addressed and the courses taken are consistent with the teacher's professional
development plan developed pursuant to  paragraph (1) or (3) of subdivision (d) of
Section 44695.3.

(Added by Stats. 1998, Ch. 316, Sec. 3.)

Reference:
Education Code 44695.3



Education Code
EC 44696

Standards - Based Staff Development Act
For the purposes of this chapter, "school district" includes a county
office of education.

(Added by Stats. 1998, Ch. 316, Sec. 3.)




Education Code
EC 44697

Standards - Based Staff Development Act
Any funds appropriated for the purposes of this chapter in the 1997-98
Regular Session shall be available for expenditure for three years.

(Added by Stats. 1998, Ch. 316, Sec. 3.)




Education Code
EC 44700

Chapter 3.3. Classroom Teacher Instructional Improvement Program
It is the intent of the Legislature to provide funds to encourage
teachers, whether acting individually or with other teachers, to improve the
quality of instruction. Grants made pursuant to this chapter shall
supplement, and not supplant, regular instructional activities.

(Added by Stats. 1983, Ch. 498, Sec. 43.)




Education Code
EC 44701

Grants
Any teacher eligible to receive an instructional improvement grant,
or any group of eligible teachers, may submit a grant proposal to the
grant committee established pursuant to Section 44702.

Each grant recipient shall be a full-time teacher or mentor teacher
whose primary duty is classroom instruction.

(Amended by Stats. 1985, Ch. 642, Sec. 1.)

Reference:
Education Code 44702




Education Code
EC 44702

Grant committee
(a) Any school district which applies to the Superintendent of Public
Instruction for funding pursuant to this chapter shall establish an
instructional improvement grant committee to review grant proposals and make
recommendations to the governing board concerning awards of instructional
improvement grants. The majority of the members of the committee shall be teachers
meeting the requirements of Section 44701 and selected by the teachers of the
district. The committee shall also include at least one principal selected by
the district superintendent.

(b) The committee shall consider all instructional improvement
grant proposals submitted by teachers or groups of teachers meeting the
requirements of Section 44701. The committee shall recommend to the governing
board of the district a plan for the allocation of the district's funding
entitlement for purposes of this chapter, taking into account the areas in the
district with greatest need for instructional improvement. The plan shall
include the committee's recommendations for the funding of any grant
proposal, and shall specify a grant amount not in excess of two thousand dollars
($2,000) per fiscal year for an individual recipient, or two thousand dollars
($2,000) per fiscal year for each eligible teacher participating in a group
proposal. The committee may recommend the award of grants for proposals which
would continue for more than one fiscal year if the committee specifically
finds there is a need to provide continued funding.

(c) The committee shall establish procedures for the evaluation of
grant proposals and for the review of the use of grant funds by grant
recipients.

(d) Members of the committee shall not receive compensation for
participation in committee activities, except that teacher members may receive
released time in order to attend meetings of the committee.

(Added by Stats. 1983, Ch. 498, Sec. 43.)

Reference:
Education Code 44701




Education Code
EC 44703

Governing board duties; award of grants
(a) The governing board of any school district which applies to the
Superintendent of Public Instruction for funding pursuant to this chapter shall
review the recommendations of the grant committee and make the final
decision on awards of grant funds for purposes of this chapter. The governing
board shall award grants so as to improve instruction in those areas of the
district with greatest need.

The governing board may award for any grant proposal submitted by an
individual teacher any amount not in excess of two thousand dollars ($2,000) per
fiscal year. The governing board may award for any grant proposal submitted
by a group of teachers any amount not in excess of two thousand dollars
($2,000) per fiscal year for each eligible teacher in the group.

(b) The governing board shall annually certify to the Superintendent
of Public Instruction the number of instructional improvement grants
awarded and the aggregate amount of money awarded for the grants and may
include a request for reimbursement for administrative costs of this chapter
in an amount not to exceed 5 percent of the district's entitlement for
funding computed pursuant to subdivision (b) of Section 44704.

(Amended by Stats. 1985, Ch. 642, Sec. 2.)

Reference:
Education Code 44704




Education Code
EC 44704

Legislative intent
(a) It is the intent of the Legislature that the Budget Act for each
fiscal year appropriate funds for purposes of this chapter in an amount equal
to 5 percent of the number of permanent full-time teachers, exclusive of
teachers in adult education, child care and development, and regional
occupational centers and programs, multiplied by two thousand dollars ($2,000).

(b) The Superintendent of Public Instruction shall compute each
fiscal year for each school district, an entitlement equal to 5 percent of the
number of permanent, full-time teachers, exclusive of teachers in adult
education, child care and development, and regional occupational centers and
programs, multiplied by two thousand dollars ($2,000). The superintendent
shall apportion to each school district from funds appropriated for the
purposes of this chapter in that fiscal year, the amount certified by the
governing board pursuant to Section 44703, but not in excess of the district's
entitlement.

In the event that, in any fiscal year, sufficient funds are not
appropriated to fully fund each school district requesting apportionments for
purposes of this chapter, the superintendent shall reduce each district's
apportionment on a pro rata basis.

(Amended by Stats. 1994, Ch. 840, Sec. 16.)

Reference:
Education Code 44703




Education Code
EC 44705

Operative date
The provisions of this chapter shall become operative July 1, 1984.

(Added by Stats. 1983, Ch. 498, Sec. 43.)




Education Code
EC 44720

Chapter 3.33.  Training For Teachers Of Mathematics Who Teach Pupils
In Grades 4 To 12, Inclusive
 The State Department of Education shall administer a program of
grants to school districts and county superintendents of schools for
in-service training of teachers of mathematics who teach pupils enrolled in
grades 4 to 12, inclusive.

(Added by Stats. 1998, Ch. 315, Sec. 2.)




Education Code
EC 44721

Training for Teachers of Mathematics
As a condition for receiving funds pursuant to this chapter, a school
district or county superintendent of schools shall certify to the State
Department of Education all of the following:

(a) That funds received pursuant to this chapter are to be expended
only for the purpose of providing in-service training in mathematics
instruction to teachers who provide direct instructional services in
mathematics to pupils enrolled in any of grades 4 to 12, inclusive, and to
schoolsite administrators of those teachers.

(b) To the extent feasible with available funds, that all the teachers
in the school district who provide direct instructional services in
mathematics to pupils enrolled in grades 4 to 12, inclusive, have received, or will
receive, the training provided pursuant to this chapter.

(c) That funds received pursuant to this chapter that are to be
expended for contract providers of in-service training will be expended only
for providers approved pursuant to Section 44722.

(d) That funds received pursuant to this chapter that are to be
expended for training provided by a school district's or county
superintendent of schools' own current employees will include all of the elements
listed in subdivision (e).

(e) That funds received pursuant to this chapter shall be expended
only for the purpose of providing programs of in-service training in
mathematics instruction that address all of the following subjects:

(1) The mathematics content standards adopted by the State Board of
Education in 1997.

(2) In-depth understanding of the mathematics underlying the
adopted content standards for pupils in kindergarten and in grades 1 to 12,
inclusive.

(3) The curriculum framework and program advisories, if any, that are
based on the mathematics content standards adopted by the State Board of
Education in 1997.

(4) The mathematics performance standards, if and when they are
adopted by the State Board of Education, related to adopted mathematics
content standards.

(5) The assessments, if and when they are adopted by the State Board of
Education, that are aligned with mathematics content standards adopted by the
State Board of Education pursuant to Section 60605.

(6) Replicated research on how mathematical skills are acquired.

(7) Replicated research on methods of teaching mathematics that
produce measurable growth on a validated assessment of at least one grade
level during a school year of instruction.

(f) That funds received pursuant to this chapter are to be expended
only for programs of in-service training that do not cause a reduction in
pupil instructional time.

(Added by Stats. 1998, Ch. 315, Sec. 2.)

Reference:
Education Code 44722
Education Code 60605



Education Code
EC 44722

Training for Teachers of Mathematics
(a) The State Board of Education, shall develop a list of contract
providers of in-service training in mathematics instruction that have been
approved by the board pursuant to this section.

(b) The State Department of Education shall provide staff support to
the State Board of Education in carrying out its responsibilities
pursuant to this section.

(c) Any person, or public, private, or private nonprofit entity, that
seeks to appear on the list of providers of in-service training in
mathematics shall submit an application to the State Board of Education that
includes the curricula of the program that will provide the training described
in all components of subdivision (e) of Section 44721, in the time and
manner required by the board.  The State Board of Education may contract out
for specific additional assistance in the evaluation of applications.
The State Board of Education shall state the reasons for its approval of
any application received pursuant to this subdivision and any decision
of the board shall be based exclusively on the criteria established
pursuant to subdivision (d).

(d) The State Board of Education shall establish criteria for the
evaluation of providers of in-service training in mathematics instruction that
meet the requirements of subdivision (e) of Section 44721 and that include
in their training program a procedure for the evaluation of the
effectiveness of the training on teacher knowledge, skills, and abilities.

(e) The State Board of Education shall maintain, update regularly,
and make available to school districts through print and electronic
media a list of providers of in-service training in mathematics
instruction that have been approved by the board pursuant to this section.

(f) The State Board of Education may study the effectiveness of any
program of in-service training provided pursuant to this chapter.

(Added by Stats. 1998, Ch. 315, Sec. 2.)

Reference:
Education Code 44721



Education Code
EC 44724

Training for Teachers of Mathematics
The State Department of Education shall administer the grant
application process.  An application from a school district and county
superintendent of schools shall include the following:

(a) Certification by the governing board of the school district or the
county board of education that the requirements of Section 44721 shall be
met.

(b) A description of how the school district or county superintendent
of schools shall address, to the extent feasible, the following:

(1) Augmentation of resources for mathematics instruction staff
development through the use of funds available from other local, state, and
federal sources.

(2) Involvement of the parents and guardians of pupils enrolled in the
school district or attending education programs operated by the county
superintendent of schools.

(3) A description of how the school district or county superintendent
of schools intends to provide teachers time to collaborate, discuss,
and reflect on, and to the degree possible, be coached on the classroom
implementation of what has been provided in staff development sessions.

(Added by Stats. 1998, Ch. 315, Sec. 2.)

Reference:
Education Code 44721



Education Code
EC 44725

Training for Teachers of Mathematics
The State Department of Education shall provide a copy of the provider
list as part of the application and information packet provided to school
districts and county superintendents of schools.  The department shall award
competitive grants and allocate funds to school districts and county
superintendents of schools on the basis of equal dollars per teacher and administrator
trained.  The amount of funding per teacher or administrator trained shall be
established by the State Board of Education based on fee information received from
providers.  The amount of funding provided per teacher or administrator trained
may not exceed the equivalent fee charged by a provider.

(Added by Stats. 1998, Ch. 315, Sec. 2.)




Education Code
EC 44730

Chapter 3.34.  Education Technology Staff Development Program
(a) The Superintendent of Public Instruction shall allocate funds
appropriated for purposes of this chapter to school districts for the purposes of
funding the Education Technology Staff Development Program in an equal
amount per pupil in grades 4 to 8, inclusive, based upon the enrollment in all
eligible schools in those grades, as determined by the State Department of
Education, as of October of the prior fiscal year, but the total amount allocated
to an eligible school district shall not be greater than an amount equal
to twenty dollars ($20) per pupil in grades 4 to 8, inclusive, in the
eligible schools in the school district.

(b) The State Department of Education shall monitor this program to
ensure that an equitable share of the funding allocated pursuant to this
chapter serves low-income disadvantaged pupils.

(Added by Stats. 1998, Ch. 844, Sec. 2.)



Education Code
EC 44731

Education Technology Staff Development Program
A school district shall certify all of the following to the State
Department of Education as a condition of each applicant school in the district
being eligible to receive funding pursuant to this chapter:

(a) Each school maintaining any of grades 4 to 8, inclusive, that is
applying for funding under this chapter has access, for instructional
purposes, to the Internet in its classrooms and has a sufficient number of
up-to-date computers or other devices that provide Internet access in its
classrooms for instructional use.

(b) The funds received pursuant to this chapter shall be expended by
the eligible schools for the purpose of providing in-service training to
their schoolsite administrators, appropriate instructional classified
employees, and certificated employees who provide direct instructional
services to pupils in grades 4 to 8, inclusive, in the use of education
technology to support the daily instruction of pupils and the recordkeeping
necessary to support that instruction.

(c) The funds received pursuant to this chapter shall be expended for
in-service training programs in education technology that meet or exceed the
proficiency standards developed by the Commission on Teacher Credentialing
pursuant to Section 44259.

(d) Each applicant school has developed an action plan that provides
for a program of in-service training in education technology for its
schoolsite administrators, appropriate instructional classified employees,
and all certificated employees who provide direct instructional
services to pupils in grades 4 to 8, inclusive. In the action plan, the applicant
school shall, to the extent feasible and appropriate, integrate training in
educational technology with all of the following:

(1) Staff development days authorized pursuant to Section 44670.6 or
52854.

(2) Staff development funds available from all state and federal
funding sources.

(3) Involvement of the parents and guardians of pupils enrolled in the
school district.

(e) In-service training provided pursuant to this chapter shall be
coordinated and integrated with any other in-service training, including staff
development offered pursuant to Article 7.5 (commencing with Section 44579) of
Chapter 3.

(Amended by Stats. 1999, Ch. 83, Sec. 33.)






 44735


Chapter 3.36.  Teaching As A Priority Block Grant
The Teaching As A Priority Block Grant is hereby created to be
administered by the State Department of Education with the approval of the State
Board of Education.  The State Department of Education shall award block
grants to school districts on a competitive basis to provide incentives to
attract credentialed teachers to be employed and retained in low-performing
schools.

(a) (1) Block grant funds may be used at the discretion of a school
district for teacher recruitment and retention incentives with the target of
reducing the number of teachers on emergency permits.

Incentives shall only be used to hire and retain credentialed
teachers.  Teacher recruitment and retention incentives may include, but are
not limited to, all of the following (A) Signing bonuses.

(B) Improved work conditions.

(C) Teacher compensation.

(D) Housing subsidies.

(2) A school district receiving block grant funds pursuant to this
section may offer incentives to recruit and retain credentialed teachers
interested in attaining certification pursuant to Section 44253.3 or 44253.4.
Those incentives, may include, but are not limited to, both of the following
(A) Reimbursements to cover the costs of examinations necessary to
attain certification pursuant to Sections 44253.3 and 44253.4.

(B) Reimbursements to cover the costs of coursework necessary for
preparation programs offering emphasis in certification pursuant to Sections
44253.3 and 44253.4.

(b) Funding shall be allocated to school districts on a per pupil basis
for pupils enrolled in schools ranked in the bottom half of the academic
performance index pursuant to Article 2 (commencing with Section 52051) of
Chapter 6.1.  Within the bottom half of the academic performance index,
schools ranked in deciles 1, 2, and 3 shall receive 11/2 times the funding per
pupil of schools ranked in deciles 4 and 5.  No less than the amount of funding
generated by pupils in schools ranked in deciles 1, 2, and 3 shall be expended in
those schools.

(c) School districts shall apply to the State Department of Education
on behalf of their schools.  The district application shall contain
information that is specific to each school.  Applications shall contain baseline
information on the number of teachers with waivers or emergency credentials at
each school in accordance with subdivision (a).

(d) School districts that participate in the program established in
this section shall be encouraged to participate in regional teacher
recruitment centers operated by consortia pursuant to Section 44751.

(e) Funds appropriated for the purposes of this chapter shall
supplement, and not supplant, existing efforts to recruit and retain fully
credentialed teachers in the school district.

(f) The State Board of Education shall submit an evaluation of the
program created by this chapter to the Legislature by January 1, 2004.

(Amended by Stats. 2001, Ch. 268, Sec. 1.)

Reference:
Education Code 44253.3
Education Code 44253.4
Education Code 52051

Education Code
EC 44750

Chapter 3.4 Teacher Recruitment Resource Center
The Commission on Teacher Credentialing, with the assistance of the
State Department of Education, shall establish and operate a resource
center that shall collect and maintain information regarding state and
federal programs that encourage or assist military personnel, upon
retirement, to enter the teaching profession. That information shall be applied
to improve the effectiveness of the commission and the department in
administering teacher recruitment programs, and in responding to inquiries from
local educational agencies and others. In addition, that information
shall be applied to improve the ability of the commission and the department
to provide assistance to military personnel, to the extent resources
are available for this purpose, that includes advice regarding courses,
and alternatives to traditional teacher training programs, that result
in qualification for a teaching

(Added by Stats. 1992, Ch. 1142, Sec. 1.)





 44751


Chapter 3.44.  Teacher Recruitment Incentive Program
(a) The Teacher Recruitment Incentive Program is hereby created, to
be administered by the Sacramento County Office of Education.  The
Superintendent of Public Instruction shall allocate funds appropriated for the
purpose of this program to the Sacramento County Office of Education, which
shall allocate those funds as specified in Section 44751.5.  The
Superintendent of Public Instruction may allocate up to 6 percent of the program funds
to the Sacramento County Office of Education for the costs of
administering the program.

(b) For purposes of this chapter, the following terms have the
following meanings:

(1) "Low-performing school" means a school in the bottom half of the
Academic Performance Index rankings established pursuant to subdivision (a)
of Section 52052 that has applied for participation in the Immediate
Intervention Underperforming Schools Program established pursuant to
subdivision (a) of Section 52053.

(2) "Regional teacher recruitment center" means an entity operated
by a consortium of school districts that may also include county offices
of education, colleges, universities, or other community-based
organizations.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44751.5


Teacher Recruitment Incentive Program
The Sacramento County Office of Education shall award, by January 1,
2001, six grants on a competitive basis to establish regional teacher
recruitment centers.  One region shall serve northern California.  Two regions
shall serve the Los Angeles area. One region shall serve the Central Valley.
One region shall serve the Inland Empire.  One region shall serve San Diego
and Imperial Counties.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44752


Teacher Recruitment Incentive Program
Criteria for awarding the grants shall be established by the
Sacramento County Office of Education, but shall include, at a minimum, all of the
following:

(a) A plan for collaboration among the consortium members.

(b) A recruitment plan of highly effective recruitment strategies.

(c) A focus on recruiting teachers to low-performing schools,
especially those with a teaching staff that has more than 20-percent emergency
permit teachers.

(d) Active participation in planning and implementation by school
district administrators responsible for certificated personnel.

(e) The demonstrated need.

(f) The number of teachers to be hired through recruitment efforts.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44752.5


Teacher Recruitment Incentive Program
(a) From funds appropriated for purposes of this chapter, the
Sacramento County Office of Education shall award incentive grants to
qualifying school districts and county offices of education for the cost of the
recruitment plan.

(b) Grant amounts shall not exceed seven hundred dollars ($700)
multiplied by the number of teachers to be hired through the recruitment efforts
of regional recruitment centers, as identified in the grant
application.

(c) If fewer teachers are hired as a result of recruitment efforts by a
regional recruitment center than the number of teachers for which the regional
recruitment center was funded pursuant to subdivision (b), funding provided to
the regional recruitment center in the immediately subsequent fiscal
year shall be reduced by an amount equal to the difference between the
number of teachers for which the regional recruitment center was funded and
the number of teachers who were hired as a result of recruitment efforts by
a regional recruitment center multiplied by the amount per recruit the
center received in the prior year.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44753


Teacher Recruitment Incentive Program
The Sacramento County Office of Education shall provide statewide
oversight and technical assistance for the regional teacher recruitment
centers and perform the following responsibilities:

(a) Provide advice to the CalTeach program within the California
State University system regarding the regional media campaign for
recruiting teachers.

(b) Consult with the Commission on Teacher Credentialing on
delivering technical assistance in credentials counseling through the
regional teacher recruitment centers.

(c) Develop, publish, and distribute a guide of all available
state-level incentives to attract and retain teachers.

(d) Report teacher placement data to the appropriate fiscal and
policy committees of the Legislature, the office of the Secretary for
Education, the Department of Finance, the Legislative Analyst's Office, and the
Commission on Teacher Credentialing.

(e) Ensure that school districts in consortia funded pursuant to this
article receive first priority for a review of personnel hiring practices by
the County Office Fiscal Crisis and Management Assistance Team
conducted with funds appropriated for this purpose in the annual Budget Act.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44753.5


Teacher Recruitment Incentive Program
Regional teacher recruitment centers shall perform the following
duties:

(a) Employ full-time recruiters to recruit teachers and provide
credential and career counseling to prospective teachers.

(b) Make available information on available state-funded
incentives to potential teachers.

(c) Conduct college campus and community-based information
sessions on job opportunities in teaching.

(d) Provide outreach to potential teachers using electronic, print,
radio, and other forms of advertising.

(e) Screen and distribute applications of prospective teachers to
participating schools.

(f) Schedule interviews between prospective teachers and school
administrators.

(g) Refer candidates to teacher preparation and alternative
certification programs.

(h) Coordinate with the County Office Fiscal Crisis and Management
Assistance Team established pursuant to Section 42127.8 on the provision of
technical assistance to school districts in methods to streamline the hiring
process.

(i) Report regional recruitment data to the Sacramento County Office
of Education as specified in the grant award.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44754


Teacher Recruitment Incentive Program
School districts, county offices of education, colleges,
universities, and community-based organizations participating in the Teacher
Recruitment Incentive Program are encouraged to include in their submitted plans
a financial commitment to teacher recruitment.

(Added by Stats. 2000, Ch. 70, Sec. 8.)





 44754.5


Teacher Recruitment Incentive Program
The Sacramento County Office of Education shall enter into a contract
for an evaluation of the Teacher Recruitment Incentive Program created
pursuant to this chapter and report the findings of this outside evaluation to
the Legislature by January 1, 2004.

(Added by Stats. 2000, Ch. 70, Sec. 8.)




Education Code
EC 44755

Chapter 3.45.  Teacher Reading Instruction Development Program:
Kindergarten And Grades 1 To 3, Inclusive
  (a) It is the intent of the Legislature that at least 90 percent of the
certificated teachers of pupils enrolled in kindergarten and grades 1 to 3,
inclusive, possess the knowledge and skills to effectively teach pupils to
read.

(b) For the purposes of this chapter:

(1) "Board" means the State Board of Education.

(2) "School district" means school districts and county offices of
education.

(Amended by Stats. 1997, Ch. 286, Sec. 2.)


Education Code
EC 44757

Conditions for receiving funds
A school district shall certify to the State Department of Education
all of the following, as a condition to receiving funding pursuant to this
chapter:

(a) That funds received pursuant to this chapter shall be spent by
school districts only for the purpose of providing in-service training in
reading instruction to certificated employees who provide direct
instructional services to pupils enrolled in kindergarten or any of grades 1 to 3,
inclusive, and to schoolsite administrators.

(b) That funds received pursuant to this chapter for teachers of
pupils enrolled in kindergarten and any of grades 1 to 3, inclusive, shall be
expended only for the purpose of providing programs of in-service training in
reading instruction that consist of, and are not limited to, all of the
following subjects:

(1) Phoneme awareness instruction.

(2) Systematic explicit phonics instruction.

(3) Decoding instruction and the diagnosis of a pupil's ability to
decode.

(4) Word-attack skills instruction.

(5) Spelling and vocabulary instruction.

(6) Explicit instruction of comprehension skills.

(7) Research on how reading skills are acquired.

(8) Effective integration of listening, speaking, reading, and
writing.

(9) Effective classroom and schoolwide interventions for
low-performing readers.

(10) Ways to promote extensive, self-selected independent reading.

(11) Effective reading instruction for English language learners.

(12) Planning and delivery of appropriate reading instruction based
on assessment and evaluation.

(c) To the extent feasible with available funds, that all teachers of
pupils in kindergarten and grades 1 to 3, inclusive, have received or will
receive the training provided pursuant to this chapter.

(d) That funds received by school districts for the purposes of this
chapter that are expended for contract providers of training shall be spent
only for providers of in-service training that have been approved by the
State Board of Education pursuant to Section 44757.1.

(e) That a school district using its own employees to provide the
training described in subdivision (b) to its own employees meets the
requirements of Section 44757.2.

(f) That funds received for the purposes of this chapter shall be spent
only for programs of in-service training that do not cause a reduction in
pupil instructional time.

(Amended by Stats. 1997, Ch. 286, Sec. 4.)

Reference:
Education Code 44757.1
Education Code 44757.2



Education Code
EC 44757.1

Contract providers of in-service training
(a) The State Board of Education, in consultation with the Commission
on Teacher Credentialing, shall develop a list of contract providers of
in-service training in reading instruction that have been approved by the board
pursuant to this section.  The State Department of Education shall provide
staff support to the board in carrying out its responsibilities pursuant to
this section.

(b) Any person, or public, private, or private nonprofit entity, that
seeks to appear on the list of providers of in-service training in reading
instruction that may be hired by a school district pursuant to this chapter, shall
submit an application to the board that includes the curricula of the program
to provide the training described in all components of subdivision (b)
of Section 44757, in the time and manner required by the board.  The board
shall approve or disapprove all applications within 45 working days of
receipt of the application.  The board shall state the reasons for
disapproving any application received pursuant to this paragraph and any decision
of the board shall be based exclusively upon the criteria published
pursuant to subdivision (c).

(c) The board shall establish criteria for the approval of providers
of in-service training in reading instruction that meet the
requirements of subdivision (b) of Section 44757.

(d) The board shall maintain, update regularly, and make available to
school districts through print and electronic media a list of providers of
in-service training in reading instruction that have been approved by the board
pursuant to this section.

(e) The board may audit and study the effectiveness of any program of
in-service training provided pursuant to this chapter.

(Added by Stats. 1997, Ch. 286, Sec. 5.)

Reference:
Education Code 44757


Education Code
EC 44757.2

District employees providing in-service training
A school district may provide in-service training in reading
instruction to its employees using its own current employees or former employees,
or both, as instructors pursuant to this chapter provided that both of
the following conditions are met:

(a) The program of in-service training meets the requirements of all
components of subdivision (b) of Section 44757 and the district has incorporated
into its program the appropriate and relevant materials developed
pursuant to Chapter 15 (commencing with Section 53000) of Part 28.

(b) The program of in-service training meets the requirements of
subdivisions (a), (c), (e), and (f) of Section 44757.

(Added by Stats. 1997, Ch. 286, Sec. 6.)

Reference:
Education Code 44757
Education Code 53000



Education Code
EC 44757.3

Grant applications
The Superintendent of Public Instruction shall administer the grant
application process.  School district applications shall include the
following:

(a) Certification by the governing board that the requirements of
Section 44757 or 44757.2, or both, as appropriate, shall be met.

(b) Certification by the governing board of the school district that
the district is implementing a balanced, comprehensive reading
instruction program.

(c) A description of how the school district shall address the
following:

(1) Augmentation of resources for reading instruction staff
development through the use of staff development days authorized pursuant to
Section 44670.6.

(2) Augmentation of resources for reading instruction staff
development through the use of funds available from other state and federal
sources.

(3) Augmentation of resources for reading instruction staff
development through the use of training provided by publishers that address the
subjects contained in subdivision (b) of Section 44757.

(4) Involvement of the parents and guardians of pupils enrolled in the
school district.

(5) Ensuring that teachers are provided time to collaborate,
discuss, and reflect on, and to the degree possible, be coached on classroom
implementation of what has been provided in staff development sessions.

(6) Ensuring that implementation of training and pupil results
relative to grade-level standards in reading are monitored to ensure a
positive impact of the training.

(Added by Stats. 1997, Ch. 286, Sec. 7.)

Reference:
Education Code 44670.6
Education Code 44757
Education Code 44757.2




Education Code
EC 44757.4

Grants
(a) The Superintendent of Public Instruction shall award grants to
school districts only for the highest quality proposals that demonstrate a
clear understanding of a balanced, comprehensive reading instruction
program based on current and confirmed research.

 (b) A school district shall propose a project budget to carry out the
proposed reading staff development.  The minimum grant awarded shall be for no
less than one thousand dollars ($1,000), and the maximum grant awarded to a
school district shall not exceed twice the product determined by
multiplying the result of paragraph (1) by the result of paragraph (2).

(1) The total amount of funding provided in the annual Budget Act or in
any other act for the purposes of this chapter in any fiscal year divided by
the number of pupils enrolled statewide in kindergarten and grades 1 to 3,
inclusive, in that fiscal year.

(2) The number of pupils enrolled in the school district in
kindergarten and grades 1 to 3, inclusive.

(c) For purposes of this section, the certified California Basic
Educational Data System (CBEDS) count from the fiscal year prior to the year for
which the funds are appropriated shall be used to determine enrollment.

(d) This section shall become operative on July 1, 1998.

(Added by Stats. 1997, Ch. 825, Sec. 14.)

Reference:
Education Code 44757.4




Education Code
EC 44757.5

Chapter definitions
For the purposes of this chapter, the following definitions apply:

(a) "Phoneme awareness instruction" means teaching awareness of
words, syllables, and phonemes along a developmental progression, and
includes rhyming, recognition and production, blending and matching of
phonemes, and segmentation, and substitution.

(b) "Systematic explicit phonics instruction" means an organized,
sequential program in which letter-sound correspondence for letters and letter
clusters are directly taught and blended, practiced in words, word lists, and
word families, and practiced in "decodable text."  "Decodable text" means
reading material in which a high percentage of words are linked to phonics
lessons.  Systematic explicit phonics instruction builds from basic elements
to complex patterns and teachers provide prompt and explicit feedback.
Systematic explicit phonics instruction does not mean "embedded phonics
instruction" which is ad hoc instruction in phonics based on a random selection of
sound and word elements.

(c) "Decoding instruction" means teaching how to read printed words
fluently and automatically, from simple letter combinations to more complex,
multisyllabic combinations through the use of connected or practice text.

(d) "Diagnosis of a pupil's ability to decode" means regularly
assessing the pupil's mastery of word recognition, fluency and automaticity,
and word analysis in order to plan future instructional activities.

(e) "Explicit instruction" means systematic teaching of skills.

(f) "Spelling instruction" means teaching a logical scope and
sequence of word knowledge, orthographic patterns, and frequently used words
connected to the phonics sequence used in reading and writing instruction.

(g) "Word-attack skills instruction" means direct instruction of
decoding skills and of structural elements, including prefixes, suffixes,
and roots.

(h) "Vocabulary instruction" means teaching word meanings.

(i) "Instruction of comprehension skills" means systematic
teaching of vocabulary development, text organization, and syntactic
patterns, including, but not limited to, strategies for interpretation,
summarization, prediction, clarification, and question generation.

(j) "Research on how reading skills are acquired" means research that
is current and confirmed with generalizable and replicable results.
"Current" research is research that has been conducted and is reported in a
manner consistent with contemporary standards of scientific
investigation.  "Confirmed" research is research that has been replicated and the
results duplicated.  "Replicable" research is research with a structure and
design that can be reproduced.  "Generalizable" research is research in
which samples have been used so that the results can be said to be true for the
population from which the sample was drawn.

(Added by Stats. 1997, Ch. 286, Sec. 9.)




Education Code
EC 44758

Chapter 3.46.  Teacher Reading Instruction Development Program:
Grades 4 To 8, Inclusive
 (a) It is the intent of the Legislature that at least 90 percent of the
certificated employees who provide direct instructional services to pupils
enrolled in grades 4 to 8, inclusive, in reading or English-language arts
possess the knowledge and skills necessary to effectively teach pupils to
read.

(b) For the purposes of this chapter:

(1) "Board" means the State Board of Education.

(2) "School districts" means school districts and county offices of
education.

(Added by Stats. 1997, Ch. 286, Sec. 10.)



Education Code
EC 44759

Conditions for receiving funds
As a condition to receiving funds pursuant to this chapter, a school
district shall certify to the State Department of Education all of the
following:

(a) That funds received pursuant to this chapter are expended only for
the purpose of providing in-service training in reading instruction to
certificated employees who provide direct instructional services in reading or
English-language arts to pupils enrolled in grades 4 to 8, inclusive, and to schoolsite
administrators.

(b) To the extent feasible with available funds, that all teachers of
pupils in grades 4 to 8, inclusive, who teach in self-contained classes, and
the teachers designated pursuant to Section 44759.3, have received or
will receive the training provided pursuant to this chapter.

(c) That funds received by school districts for the purposes of this
chapter that are expended for contract providers of training shall be spent
only for providers of in-service training that have been approved by the
State Board of Education pursuant to Section 44759.1.

(d) That a school district using its own current or former employees,
or both, to provide the training described in subdivision (e) to its own
employees meets the requirements of Section 44759.2.

(e) That funds received pursuant to this chapter for in-service
training of certificated employees who provide direct instructional
services in reading English-language arts to pupils enrolled in any of grades 4
to 8, inclusive, shall be expended only for the purpose of providing
programs of in-service training in reading instruction that consist of, and
are not limited to, all of the following subjects:

(1) Word-attack skills instruction.

(2) Spelling and vocabulary instruction.

(3) Explicit instruction of comprehension skills.

(4) Research on how reading skills are acquired.

(5) Text-handling and strategic reading strategies for text use
across the curriculum for a variety of purposes.

(6) Ways to promote extensive, independent self-selected reading of
a variety of genres for a variety of purposes, including both fiction
and nonfiction texts.

(7) The effective integration of listening, speaking, reading, and
writing.

(8) Effective classroom and schoolwide interventions for
low-performing readers.

(9) Effective reading instruction for English-language learners.

(10) Planning and delivery of appropriate reading instruction based
on assessment and evaluation.

(f) That funds received for the purposes of this chapter shall be spent
only for programs of in-service training that do not cause a reduction in
pupil instructional time.

(Added by Stats. 1997, Ch. 286, Sec. 10.)

Reference:
Education Code 44759.1
Education Code 44759.2
Education Code 44759.3


Education Code
EC 44759.1

Contract providers for in-service training
(a) The State Board of Education, in consultation with the Commission
on Teacher Credentialing, shall develop a list of contract providers of
in-service training in reading instruction that have been approved by the board
pursuant to this section.  The State Department of Education shall provide
staff support to the board in carrying out its responsibilities pursuant to
this section.

(b) Any person, or public, private, or private nonprofit entity, that
seeks to appear on the list of providers of in-service training in reading
instruction that may be hired by a school district pursuant to this chapter, shall
submit an application to the board that includes the curricula of the program
to provide the training described in all components of subdivision (e)
of Section 44759, in the time and manner required by the board.  The board
shall approve or disapprove all applications within 45 working days of
receipt of the application.  The board shall state the reasons for
disapproving any application received pursuant to this paragraph and any decision
of the board shall be based exclusively upon the criteria published
pursuant to subdivision (c).

(c) The board shall establish criteria for the approval of providers
of in-service training in reading instruction that meet the
requirements of subdivision (e) of Section 44759.

(d) The board shall maintain, update regularly, and make available to
school districts through print and electronic media a list of providers of
in-service training in reading instruction that have been approved by the board
pursuant to this section.

(e) The board may audit and study the effectiveness of any program of
in-service training provided pursuant to this chapter.

(Added by Stats. 1997, Ch. 286, Sec. 10.)

Reference:
Education Code 44759



Education Code
EC 44759.2

District employees providing in-service training
A school district may provide in-service training in reading
instruction to its employees using its own employees as instructors pursuant to
this chapter provided that both of the following conditions are met:

(a) The program of in-service training meets the requirements of all
components of subdivision (e) of Section 44759 and the district has incorporated
into its program the appropriate and relevant materials developed
pursuant to Chapter 15 (commencing with Section 53000) of Part 28.

(b) The program of in-service training meets the requirements of
subdivisions (a), (b), (d), and (f) of Section 44759.

(Added by Stats. 1997, Ch. 286, Sec. 10.)

Reference:
Education Code 44759
Education Code 53000



Education Code
EC 44759.3

Funds to designate teachers
Each school district that receives funds pursuant to this chapter and
provides instruction in departmentalized classes for pupils in any of grades 4
to 8, inclusive, shall designate those teachers in each school and at
each grade level who are responsible for teaching reading to pupils who
have reading deficiencies, or who provide direct instructional services
to pupils in reading.

(Added by Stats. 1997, Ch. 286, Sec. 10.)



Education Code
EC 44759.4

Grant applications
The Superintendent of Public Instruction shall administer the grant
application process. School district applications shall include the
following:

(a) Certification by the governing board of the school district that
the requirements of Section 44759 or 44759.2, or both as appropriate, and
Section 44759.3 shall be met.

(b) A description of how the school district shall address the
following:

(1) Augmentation of resources for reading instruction staff
development through the use of staff development days authorized pursuant to
Section 44670.6.

(2) Augmentation of resources for reading instruction staff
development through the use of funds available from other state and federal
sources.

(3) Augmentation of resources for reading instruction staff
development through the use of training provided by publishers that address the
subjects contained in subdivision (e) of Section 44759.

(4) Involvement of the parents and guardians of pupils enrolled in the
school district.

(5) Ensuring that teachers are provided time to collaborate,
discuss, and reflect on, and to the degree possible, be coached on, the
classroom implementation of what has been provided in staff development
sessions.

(6) Ensuring that implementation of training and pupil results
relative to grade-level standards in reading are monitored to ensure a
positive impact of the training.

(Amended by Stats. 1998, Ch. 485, Sec. 54.)



Education Code
EC 44759.5

Teacher Reading Instruction Development Program:  Grades 4 to 8,
Inclusive.
 (a) The Superintendent of Public Instruction shall award grants to
school districts only for the highest quality proposals that demonstrate a
clear understanding of a balanced, comprehensive reading instruction
program based on current and confirmed research.

(b) A school district shall propose a project budget to carry out the
proposed reading staff development.  The minimum grant awarded shall be for no
less than one thousand dollars ($1,000), and the maximum grant awarded to a
school district shall not exceed twice the product determined by
multiplying the result of paragraph (1) by the result of paragraph (2).

(1) The total funding provided in the annual Budget Act or in any other
act for the purposes of this chapter in any fiscal year divided by the
number of pupils enrolled statewide in grades 4 to 8, inclusive, in that
fiscal year.

(2) The number of pupils enrolled in the school district in grades 4 to
8, inclusive.

(c) For purposes of this section, the certified California Basic
Educational Data System (CBEDS) count from the fiscal year prior to the year for
which the funds are appropriated shall be used to determine enrollment.

(d) This section shall become operative on July 1, 1998.

(Added by Stats. 1997, Ch. 825, Sec. 17.)




Education Code
EC 44759.6

Chapter definitions
For the purposes of this chapter, the following definitions shall
apply:

(a) "Word-attack skills instruction" means direct instruction of
decoding skills and of structural elements, including prefixes, suffixes,
and roots.

(b) "Explicit instruction" means systematic teaching skills.

(c) "Spelling instruction" means teaching a logical scope and
sequence of word knowledge, orthographic patterns, and frequently used words
connected to the phonics sequence used in reading and writing instruction.

(d) "Vocabulary instruction" means teaching word meanings.

(e) "Instruction of comprehension skills" means systematic
teaching of vocabulary development, text organization, and syntactic
patterns, including, but not limited to, strategies for interpretation,
summarization, prediction, clarification, and question generation.

(f) "Research on how reading skills are acquired" means research that
is current and confirmed with generalizable and replicable results.
"Current" research is research that has been conducted and is reported in a
manner consistent with contemporary standards of scientific
investigation.  "Confirmed" research is research that has been replicated and the
results duplicated.  "Replicable" research is research with a structure and
design that can be reproduced.  "Generalizable" research is research in
which samples have been used so that the results can be said to be true for the
population from which the sample was drawn.

(Added by Stats. 1997, Ch. 286, Sec. 10.)




Education Code
EC 44759.7

Chapter operative dates
This chapter shall become inoperative on June 30, 2005, and, as of
January 1, 2006, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2006, deletes or extends the dates on which it
becomes inoperative and is repealed.

(Added by Stats. 1997, Ch. 286, Sec. 10.)


Education Code
EC 44760

Chapter 3.5. Teacher Incentive Program of 1990
This chapter shall be known, and may be cited, as the "Teacher
Incentive Program of 1990."

(Added by Stats. 1990, Ch. 1459, Sec. 2.)




Education Code
EC 44761

Legislative finding and declaration
The Legislature hereby finds and declares that various state and
local agencies maintain data that is useful for determining the
availability of teachers and other education professionals for service in
elementary and secondary schools. The Legislature also finds that at the state
level the available data has not been fully integrated and provided to a
central reporting system capable of producing periodic reports of the supply
and demand of teachers.

The Legislature further finds and declares that the educational
resources of the state could be managed most effectively if data related to known
or anticipated shortages of educational personnel were available on a
timely basis.

(Added by Stats. 1990, Ch. 1459, Sec. 2.)




Education Code
EC 44762

Teacher supply and demand reporting system
The Commission on Teacher Credentialing, in cooperation with the
State Department of Education, shall establish and maintain a
comprehensive teacher supply and demand reporting system. Notwithstanding
Section 22221, the Teachers' Retirement Board shall make information
requested by the Commission on Teacher Credentialing available to the
commission. The reporting system shall be designed to prepare annual reports on
the availability of teachers and other certificated personnel
according to the types of credentials and by geographic regions within the
state. To the extent possible, the reporting system shall include data
currently being collected and reported by state and local agencies.

(Added by Stats. 1990, Ch. 1459, Sec. 2.)

Reference:
Education Code 22221




Education Code
EC 44763

Release of personal information to Commission on Teacher
Credentialing
 (a) Notwithstanding Title 1.8 (commencing with Section 1798) of Part
4 of Division 3 of the Civil Code or any other provision of law, each state
and local government agency shall provide to the Commission on Teacher
Credentialing personal information regarding teachers and other certificated
personnel as requested by the commission for the purposes of Section 44762. The
Legislature shall transfer for each fiscal year, from the Teacher Credentials
Fund to the State Mandates Claims Fund, that amount necessary for the
payment for that year from the State Mandates Claims Fund, pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code, of
claims for reimbursement to local government agencies that are based upon
the requirement set forth in this subdivision.

(b) In accordance with the purpose of safeguarding the privacy rights
of individuals, it is the intent of the Legislature that personal
information be collected, maintained, and disseminated under this chapter only
to the extent required to accomplish the purposes of Section 44762. The
Commission on Teacher Credentialing shall establish and maintain specific and
appropriate policies and practices that protect the privacy rights of
individuals as to whom personal information has been received by the commission,
and to otherwise implement the legislative intent set forth in this
subdivision.

(Added by Stats. 1990, Ch. 1459, Sec. 2.)

Reference:
Civil Code 1798
Education Code 44762
Government Code 17500




Education Code
EC 44770

Chapter 3.6. Regional Science Resource Centers
In enacting this chapter, it is the intent of the Legislature to create
and expand regional science resource centers to increase educational
and training opportunities for the teachers and students of California.
Towards that end, the Legislature intends to provide ongoing funding to
support regional science resource centers, in partnership with nonprofit
agencies which have demonstrated success in attaining private and
governmental support for similar activities on a regional level.

(Added by Stats. 1984, Ch. 1651, Sec. 1.)




Education Code
EC 44771

Science resource centers
The Superintendent shall designate nonprofit agencies to serve as
regional science resource centers. In order to be eligible to be designated as a
regional science resource center, a nonprofit agency shall demonstrate all of
the following:

(a) A history of doing all of the following on a regional basis:

(1) Developing and operating a large variety of high quality science
exhibits.

(2) Providing teacher training.

(3) Providing educational services for elementary and secondary
school pupils.

(b) That its current efforts would be improved both qualitatively and
quantitatively, and that a greater number of teachers and students would be served.

(c) Historic success in attracting private and public financial
support for development and use of its science exhibits and for its teacher
training programs.

(d) That its exhibits would be cross-referenced to appropriate
instructional materials and strategies used by public school teachers providing
science and mathematics instruction.

(e) The ability to train a minimum of 200 teachers each year in all grade
levels.

(f) That local school districts have agreed to cooperate in the
teacher training program by providing payment for a portion of the costs of
release time for teacher training.

(g) A commitment to comply with all state and local regulations in
establishing priorities and implementing this chapter.

(Added by Stats. 1984, Ch. 1651, Sec. 1.)




Education Code
EC 44772

Allocation of funds
From funds appropriated for the purposes of this chapter, the
superintendent shall allocate funds to applicant regional science resource
centers. The superintendent shall review each center's application for
funding to ensure that the funds will be used only for the purposes authorized
by Section 44773, and that the objectives of this chapter will be carried
out.

(Added by Stats. 1984, Ch. 1651, Sec. 1.)

Reference:
Education Code 44773




Education Code
EC 44773

Purpose funds may be expended for
Funds allocated to regional science resource centers pursuant to
Section 44772 shall be used by the centers only for the following purposes:

(a) Expansion of science exhibits.

(b) Costs of institute staff training.

(c) Payment of a portion of the costs incurred by school districts
using the center's services to train and retrain teachers.

(d) Expansion of teacher training services and educational services
to students at exhibit sites and schools.

(e) Administration and evaluation of project funds.

(f) Classroom materials and supplies relating to science education
developed by the center.

(Added by Stats. 1984, Ch. 1651, Sec. 1.)

Reference:
Education Code 44772





Education Code
EC 44774

Funds to supplement not supplant
Funds allocated to a regional science resource center pursuant to
this chapter shall supplement, and shall not supplant, funding for the
continuing efforts of these centers to provide teacher training or educational
services to public schools.

(Added by Stats. 1984, Ch. 1651, Sec. 1.)




Education Code
EC 44776.1

Chapter 3.65. Social Tolerance Resource Centers
In enacting this chapter, it is the intent of the Legislature to expand
regional social tolerance resource centers to increase education and
training opportunities for the teachers and pupils of California. Towards
that end, the Legislature intends to provide one-time funding to support
regional social tolerance resource centers, in partnership with nonprofit
agencies that have demonstrated success in attaining private and
governmental support for similar activities on a regional basis.

(Added by Stats. 1995, Ch. 308, Sec. 15.)




Education Code
EC 44776.2

Qualifications to serve as regional social tolerance resource center
The Superintendent of Public Instruction shall designate nonprofit
agencies to serve as regional social tolerance resource centers. In order to be
eligible to be designated as a regional social tolerance resource center, a
nonprofit agency shall demonstrate all of the following:

(a) A history of doing all of the following on a regional basis:

(1) Developing and operating a variety of high-quality interactive
and multimedia exhibits on social tolerance, the Holocaust, and human
rights.

(2) Providing teacher training activities and curricular materials.

(3) Providing educational services for elementary and secondary
school pupils, with a special focus on pupils at risk of social violence.

(b) That the agency's current efforts would be improved
qualitatively and quantitatively.

(c) Historic success in attracting private and public financial
support for the development and use of its social tolerance exhibits and for
its teacher training programs.

(d) That its exhibits would be cross-referenced to appropriate
instructional materials and strategies used by public school teachers providing
instruction in social tolerance.

(e) The ability to serve a minimum of 500 teachers each year in all grade
levels.

(f) The ability to serve a minimum of 70,000 elementary and secondary
pupils each year.

(Amended by Stats. 1995, Ch. 308, Sec. 5.)






Education Code
EC 44776.3

Allocation of funds
The Superintendent of Public Instruction shall allocate the funds
appropriated for the purposes of this chapter to applicant regional social
tolerance resource centers. The superintendent shall review each center's
application for funding to ensure that the funds will be used only for the purposes
authorized in this chapter.

(Amended by Stats. 1995, Ch. 308, Sec. 5.)




Education Code
EC 44776.4

Use of funds
Funds allocated to regional social tolerance resource centers
pursuant to Section 44776.3 shall be used by the centers only for either of the
following purposes:

(a) One-time expansion of social tolerance exhibits and teacher
training materials.

(b) One-time expenditures to reduce future ongoing facilities
operations costs.

(Added by Stats. 1995, Ch. 308, Sec. 15.)

Reference:
Education Code 44776.3



Education Code
EC 44776.5

Funds to supplement
Funds allocated to a regional social tolerance resource center
pursuant to this chapter shall supplement and not supplant funding for the
continuing efforts of these centers to provide teacher training or educational
services to public schools.

(Added by Stats. 1995, Ch. 308, Sec. 15.)






Education Code
EC 44776.6

One regional resource center to receive 95-96 funding
For the 1995-96 fiscal year, the Superintendent of Public
Instruction shall designate one regional social tolerance resource center to
receive funding pursuant to this chapter.

(Added by Stats. 1995, Ch. 308, Sec. 15.)




Education Code
EC 44776.7

Moneys to be applied by the state
Notwithstanding any other provision of law, "moneys to be applied by
the state," as used in subdivision (b) of Section 8 of Article XVI of the
California Constitution, includes funds appropriated for social tolerance
resource centers pursuant to this chapter, whether or not those funds are
allocated to school districts, as defined in Section 41302.5, or community
college districts.

(Added by Stats. 1995, Ch. 308, Sec. 15.)

Reference:
Education Code 41302.5




Education Code
EC 44777.1

Chapter 3.66. Latino Heritage Resource Centers
In enacting this chapter, it is the intent of the Legislature to foster
the establishment of regional Latino heritage resource centers to
increase educational opportunities for the teachers and pupils of
California. Towards that end, the Legislature intends to provide one-time
funding to help establish regional Latino heritage resource centers, in
partnership with nonprofit agencies which have demonstrated success in
attaining private and governmental support for this purpose on a regional
basis.

(Added by Stats. 1995, Ch. 308, Sec. 16.)




Education Code
EC 44777.2

Nonprofit eligibility
The Superintendent of Public Instruction shall designate nonprofit
agencies to serve as regional Latino heritage resource centers. In order to be
eligible to be designated as a regional Latino heritage resource center, a
nonprofit agency shall demonstrate all of the following:

(a) A sound programmatic and fiscal plan to do all of the following on a
regional basis:

(1) Develop a variety of high-quality permanent and changing
exhibits on Latino history, art, and culture encompassing North, Central, and
South America.

(2) Provide teacher training activities.

(3) Provide educational services for elementary and secondary
school pupils.

(b) Success in attracting private and public financial support for
the development of its Latino heritage exhibits and educational
programs.

(c) That it will be providing educational services previously
unavailable to pupils and teachers in the region including the development of a
referral assistance program for teachers on Latino heritage issues, and the
development of publications and audio-visual materials on Latino history, art,
and culture.

(d) That its current efforts would be improved qualitatively and
quantitatively.

(e) That it will collect and preserve Latino cultural heritage and
artifacts.

(Added by Stats. 1995, Ch. 308, Sec. 16.)




Education Code
EC 44777.3

Allocation of funds
The Superintendent of Public Instruction shall allocate the funds
appropriated for the purposes of this chapter to applicant regional Latino
heritage resource centers. The superintendent shall review each center's
application for funding to ensure that the funds will be used only for the purposes
authorized in this chapter.

(Added by Stats. 1995, Ch. 308, Sec. 16.)




Education Code
EC 44777.4

Use of funds
Funds allocated to regional Latino heritage resource centers
pursuant to Section 44777.3 shall be used by the centers only for initial
development costs of exhibits, collections, and teacher training materials in
Latino heritage, encompassing history, art, and culture.

(Added by Stats. 1995, Ch. 308, Sec. 16.)

Reference:
Education Code 44777.3




Education Code
EC 44777.5

Funds to supplement
Funds allocated to a regional Latino heritage resource center
pursuant to this chapter shall supplement and not supplant funding for the
efforts of these centers to develop collections and to provide teacher
training or educational services to public schools.

(Added by Stats. 1995, Ch. 308, Sec. 16.)




Education Code
EC 44777.6

One regional resource center for 95-96
For the 1995-96 fiscal year, the Superintendent of Public
Instruction shall designate one regional Latino heritage resource center to
receive funding pursuant to this chapter.

(Added by Stats. 1995, Ch. 308, Sec. 16.)




Education Code
EC 44777.7

Moneys to be applied by the state
Notwithstanding any other provision of law, "moneys to be applied by
the state," as used in subdivision (b) of Section 8 of Article XVI of the
California Constitution, includes funds appropriated for Latino heritage
resource centers pursuant to this chapter, whether or not those funds are
allocated to school districts, as defined in Section 41302.5, or community
college districts.

(Added by Stats. 1995, Ch. 308, Sec. 16.)

Reference:
Education Code 41302.5






Education Code
EC 44780

Chapter 3.7. California International Studies Project
The Legislature finds that there has been a significant decline in
knowledge and skills related to international affairs and other cultures. This
has serious consequences, in view of the growing interrelation of
nations and people, and the increasing impact that international factors
have on our society in political economic, and cultural terms. Many
occupations require a knowledge of the histories, languages, and traditions of
other cultures and the ability to analyze and interpret complex
international issues. Our society requires citizens who understand the role of our
state and our nation in a rapidly changing world.

The Legislature further finds that many factors contribute to this
decline, but that a primary cause is the lack of adequate preparation of
teachers in international studies. Few teachers have ever taken an
international studies course, and teachers already in the classroom have few
opportunities to improve their competence in this field. Although some colleges and
universities are now requiring more courses in international studies and foreign
languages, this will not fully address the problem since current teachers will
provide the bulk of instruction for many years to come. Therefore, the
Legislature recognizes the need to assist current teachers to gain the skills and
knowledge necessary to increase the international studies competence of their
students. The Legislature further finds that this competence problem is shared
by all segments and levels of California education, and that it can best
be addressed by cooperatively planned and funded efforts.

An international studies project should therefore be created, to be
modeled after the Bay Area Global Education Project, a publicly and privately
funded curriculum and staff development project that has earned national
acclaim since 1979.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)




Education Code
EC 44781

California International Studies Project; project elements
(a) The California International Studies Project is hereby
established to provide a cooperative, intersegmental approach to solving the
international studies skills problem in California's schools. This project shall
be administered by a public or private institution of higher education
in this state, selected pursuant to Section 44782, and shall consist of
international studies resource centers operated throughout the state by four-year
colleges or universities, or by nonprofit agencies in conjunction with
four-year colleges and universities.

(b) The project shall include the following elements:

(1) The preparation by world affairs specialists of instructional
materials on international issues and cultures appropriate for use in
elementary and secondary school classrooms.

(2) In-service training of classroom teachers.

(3) The training of a group of highly skilled and knowledgeable
teachers to serve as leading international studies resource practitioners in
curriculum and staff development projects. The primary role of these teachers
shall be to train other teachers in the knowledge, curriculum, and skills
associated with the project.

(4) The development of a support system for teachers learning new
international skills, including content training, curriculum demonstrations,
instructional resource services, information sharing, and individual assistance
and counseling.

(5) Collaboration between elementary and secondary teachers and
international teaching and research personnel and colleges, universities, and
nonschool international organizations.

(6) Collaboration in colleges and universities between
international specialists in history, economics, international relations,
foreign languages, and related fields, and specialists in teaching methods
and strategies.

(7) Cooperation between schools, regional or county educational
agencies, and colleges and universities.

(8) Development of an evaluation process to assess the following:

(A) The attitudes of project site participants toward the
effectiveness of the local resource center.

(B) The international skills and knowledge of students in
participating schools.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)

Reference:
Education Code 44782




Education Code
EC 44782

Selection of institution to administer project
The Superintendent of Public Instruction shall contract, no later
than 75 days after the enactment of this chapter, with a public or private
institution of higher education in this state for the administration of the
project. Notwithstanding any other provision of law, this contract shall be
for a term of five years, subject to the availability of funding for this
purpose. The superintendent shall select for this purpose the institution
that is best able to demonstrate a history of all of the following:

(a) Successful experience directing a comprehensive international
studies curriculum and staff development program for elementary and
secondary teachers. The institution shall submit documentation from local
school districts that clearly indicates their willingness to cooperate in
the project by providing payment for a portion of the costs of release time
for teacher training.

(b) Obtaining private and public financial support for the
development and operation of curriculum and staff development programs.

(c) Developing and operating interdepartmental programs within
higher education.

(d) Developing and operating collaborative programs involving
colleges, universities, and nonschool organizations having international
resources.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)




Education Code
EC 44783

Resource centers
(a) The institution selected under Section 44782 shall select
international studies resource centers from applicant colleges, universities,
and nonprofit agencies to establish and operate the centers throughout
the state. The programs to be operated by the centers shall be subject to
the review and approval of the administering institution, pursuant to
consultation with the advisory committee established under Section 44784.

(b) The program operated by any resource center shall further, as the
primary objective of the project, the enhancement of the quality of
elementary and secondary school instruction in courses that satisfy the high
school graduation requirements set forth in Section 51225.3, with
particular emphasis on world history and cultures, economics, and foreign
languages. The resource center program shall include, but not be limited to, the
following elements:

(1) The preparation by world affairs specialists of instructional
materials on international issues and other cultures appropriate for use in
elementary and secondary school classrooms.

(2) In-service training of classroom teachers.

(3) The training of a group of highly skilled and knowledgeable
teachers to serve as leading international studies resource practioners in
curriculum and staff development projects.

(4) The development of a support system for teachers learning new
international skills, including content training, curriculum demonstrations,
instructional resource services, information sharing, and individual assistance
and counseling.

(5) Collaboration between elementary and secondary teachers and
international teaching and research personnel in colleges, universities, and
nonschool international organizations.

(6) Collaboration in colleges and universities between
international specialists in history, economics, international relations,
foreign languages, and related fields, and specialists in teaching methods
and strategies.

(7) Cooperation between schools, regional or county educational
agencies, and colleges and universities.

(8) The development of an evaluation process to assess the following:

(A) The attitudes of project participants toward the effectiveness
of the local resource center.

(B) The international skills and knowledge of students in
participating schools.

(9) Systematically improving the international skills of project
participants, the teachers to be trained by participants, and, ultimately,
students attending elementary, secondary, and postsecondary schools.

(10) Comprehensive planning for curricular revision or enhancement
and instructional change.

(11) Integrating the international studies project with any staff
development programs provided by staff development and resource centers
established in the same geographic area pursuant to Chapter 3.1 (commencing with
Section 44670).

(12) Providing financial and personnel support for the
international studies project that supplements but does not supplant existing
support.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)

Reference:
Education Code 44670
Education Code 44782
Education Code 44784
Education Code 51225.3




Education Code
EC 44784

Advisory committee
(a) The institution selected under Section 44782 shall be assisted by
an advisory committee, the function of which shall be:

(1) To review and comment on plans for the establishment of the
resource centers.

(2) To assist in determining criteria for local and private funding
matches to be required for the operation of each resource center.

(3) To advise the project on the selection of proposals for funding.

(b) The advisory committee shall contain the following members:

(1) Ten members appointed by representatives of higher education,
two each to be selected by the President of the University of California,
the Chancellor of the California State University, the Chancellor of the
California Community Colleges, the Association of Independent California
Colleges and Universities, and the California Postsecondary Education
Commission.  At least one of the appointees of each of these appointing entities
shall be an elementary or secondary school classroom teacher with
classroom experience in international studies instruction.

(2) Four public members with special interest or competence in
international affairs, representing business, community, and subject area
educational organizations, one each to be selected by the Superintendent of
Public Instruction, the Governor, the Speaker of the Assembly, and the
Senate Committee on Rules.

(3) Three certificated school teachers, or other educators, with
classroom experience in international studies instruction, to be designated
by the institution selected to operate the project.

(Amended by Stats. 2001, Ch. 745, Sec. 21.)



Education Code
EC 44785

Evaluation
The Legislature recognizes that evaluation of the project, which may
be accomplished by such methods as teacher attitude surveys and
pretesting and posttesting of the international skills and knowledge of the
students reached by the program, can serve as a useful tool for self-assessment
and improvement of the resource centers.

Each resource center shall conduct an annual evaluation to measure
the international skills of students reached by the site program, the
attitudes of project site participants toward the effectiveness of the
project, the rate of participation by teachers, the application by teachers of
training materials and techniques to instructional purposes, the
dissemination of training materials and techniques to other teachers, and other
information the site directors deem appropriate.

(Amended by Stats. 1994, Ch. 840, Sec. 17.)




Education Code
EC 44786

Legislative intent
It is the intent of the Legislature that the project operate 18
resource centers distributed geographically throughout the state, with
reference to the cultural and ethnic diversity of the state, six of which centers
would be established in the 1985-86 fiscal year, six in the 1986-87 fiscal
year, and six in the 1987-88 fiscal year, provided that the evaluations
provided for under this chapter are found to justify these increases.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)




Education Code
EC 44787

Funding
State funding for each resource center shall be not less than
forty-five thousand dollars ($45,000) but not more than sixty-five thousand
dollars ($65,000) per fiscal year, which shall be matched by local and private
funds in cash or in-kind equal to at least 50 percent of state funding. The
institution administering the project, in consultation with the advisory
committee, shall determine the level of state funding for each resource center
and the required funding matches.

(Added by Stats. 1985, Ch. 1173, Sec. 1.)





Education Code
EC 44800

Chapter 4. Employment-Certificated Employees, Article 1. Rights
and Duties
 Every person employed by a school district as a probationary or
permanent employee in a position requiring certification qualifications who
enters the active military service of the United States of America or of the
State of California, including active service in any uniformed auxiliary
of, or to, any branch of such military service, created or authorized as
such auxiliary by the Congress of the United States of America or by the
Legislature of the State of California, or in the service of the United States
Merchant Marine, or in full-time paid service of the American Red Cross, during
any period of national emergency declared by the President of the United
States of America or during any war in which the United States of America is
engaged, shall be entitled to absent himself from his duties as an employee of
the district.

Such absence shall not affect in any way the classification of such
employee. In the case of a probationary employee, the period of such absence
shall not count as part of the service required as a condition precedent to
the classification of such employee as a permanent employee of the
district, but such absence shall not be construed as a break in the continuity of
the service of such employee for any purpose.

The dismissal or termination of any probationary employee because of
reduced attendance due to war conditions, after his entry into the active
military service or service in the American Red Cross, shall not deprive him of
any of the benefits of this section.

Within six months after such employee honorably leaves such service
or has been placed on inactive duty he shall, subject to the provisions of
this section, be entitled to return to the position held by him at the time of
his entrance into such service, at the salary to which he would have been
entitled had he not absented himself from the service of the school district
under this section.

If such employee was employed under a lawful contract for a period in
excess of one year in a position in which he had not become a permanent employee
of the district, he shall be entitled to return to such position for the
period his contract of employment had to run at the time he entered such
service. Notwithstanding any provision of this code to the contrary, a person
employed to take the place of any such employee shall not have any right to such
position following the return of such employee to the position.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44801

Leave of absence when elected to legislature
Every person employed by a school district as a permanent employee in a
position requiring certification qualifications who is elected to the
Legislature shall be granted a leave of absence from his duties as an employee of the
district by the governing board of the district.

During the term of such leave of absence, the employee may be employed
by the school district to perform such less than full-time service
requiring certification qualifications, for such compensation and upon such
terms and conditions, as may be mutually agreed upon.

Such absence shall not affect in any way the classification of such
employee.

Within six months after the term of office of such employee expires he
shall be entitled to return to the position held by him at the time of his
election, at the salary to which he would have been entitled had he not absented
himself from the service of the school district under this section.

Notwithstanding any provision of this code to the contrary, a person
employed to take the place of any such employee shall not have any right to such
position following the return of such employee to the position.

This section shall apply to any permanent certificated school
district employee who held the office of Member of the Assembly or State Senator
on or after January 4, 1965.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44802

Student teacher's travel expense
The governing board of any school district may provide for the payment
of the actual and necessary traveling expenses of student teachers of
vocational agriculture who hold certificates issued pursuant to Section 44292
when performing the duties of their positions.

All payments heretofore made to student teachers of vocational
agriculture on account of actual and necessary traveling expenses incurred by
them when performing the duties of their respective positions are hereby
confirmed, ratified, and validated.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44292




Education Code
EC 44803

Probationary employees in district that unifies
Every probationary employee of a school district which becomes in its
entirety a part of a unified school district and every probationary employee of
a school district employed in a school located in a portion of a school
district which becomes a part of a unified school district, where the whole of
the district does not become a part of a unified school district, shall
become a probationary employee of the unified school district. The service
of the probationary employee in the annexed district shall be
considered as service in the unified school district for the purpose of any law
relating to the classification of persons employed in school districts in
positions requiring certification qualifications.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44805

Teacher; course of study
Every teacher in the public schools shall enforce the course of study,
the use of legally authorized textbooks, and the rules and regulations
prescribed for schools.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44807

Teacher control over student
Every teacher in the public schools shall hold pupils to a strict
account for their conduct on the way to and from school, on the playgrounds, or
during recess. A teacher, vice principal, principal, or any other
certificated employee of a school district, shall not be subject to criminal
prosecution or criminal penalties for the exercise, during the performance of his
duties, of the same degree of physical control over a pupil that a parent would
be legally privileged to exercise but which in no event shall exceed the
amount of physical control reasonably necessary to maintain order, protect
property, or protect the health and safety of pupils, or to maintain proper and
appropriate conditions conducive to learning. The provisions of this section are
in addition to and do not supersede the provisions of Section 49000.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 49000




Education Code
EC 44807.5

Restriction of recess
The governing board of a school district may adopt reasonable rules
and regulations to authorize a teacher to restrict for disciplinary
purposes the time a pupil under his or her supervision is allowed for recess.

(Added by Stats. 1981, Ch. 454, Sec. 1.)




Education Code
EC 44808

District liability
Notwithstanding any other provision of this code, no school
district, city or county board of education, county superintendent of schools,
or any officer or employee of such district or board shall be responsible
or in any way liable for the conduct or safety of any pupil of the public
schools at any time when such pupil is not on school property, unless such
district, board, or person has undertaken to provide transportation for such
pupil to and from the school premises, has undertaken a school-sponsored
activity off the premises of such school, has otherwise specifically assumed
such responsibility or liability or has failed to exercise reasonable
care under the circumstances.

In the event of such a specific undertaking, the district, board, or
person shall be liable or responsible for the conduct or safety of any pupil
only while such pupil is or should be under the immediate and direct
supervision of an employee of such district or board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44808.5

Open campus
The governing board of a school district may permit the pupils
enrolled at any high school to leave the school grounds during the lunch period
of such pupils.

Neither the school district nor any officer or employee thereof shall
be liable for the conduct or safety of any pupil during such time as the
pupil has left the school grounds pursuant to this section.

In the event that the governing board grants such permission, it shall
send the following notice along with the notification of parents and
guardians required by Section 48980:

"The governing board of the ___________________ School District,
pursuant to Section 44808.5 of the Education Code, has decided to permit the
pupils enrolled at ___________________High School to leave the school
grounds during the lunch period.

"Section 44808.5 of the Education Code further states:

"Neither the school district nor any officer or employee thereof
shall be liable for the conduct or safety of any pupil during such time as the
pupil has left the school grounds pursuant to this section."

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44808.5
Education Code 48980




Education Code
EC 44809

Attendance; school register
(a) A state school register shall be kept by every teacher in the public
elementary schools, except a teacher in:

(1) A school in which the state school register of each teacher is kept
on behalf of the teacher in a central office by an employee of the school
district.

(2) A school in which a central file of individual records of pupil
enrollment, absence, and attendance is maintained on forms containing at least
the minimum items of information prescribed by the State Department of
Education, and whose principal submits periodic reports of pupil personnel data
to the city or district superintendent of schools, or, if no
superintendent is employed in the district, to the county superintendent of schools
on forms approved by the State Department of Education.

(b) There shall be recorded in each state school register the absence
and attendance of each pupil enrolled in the classes taught by the teacher
keeping the register or on whose behalf the register is kept and any additional
information required by the State Department of Education.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44810

Interference with school program or activity
(a) Every minor over 16 years of age or adult who is not a pupil of the
school, including but not limited to any such minor or adult who is the parent or
guardian of a pupil of the school, who comes upon any school ground or into any
schoolhouse and there willfully interferes with the discipline, good order,
lawful conduct, or administration of any school class or activity of the
school, with the intent to disrupt, obstruct, or to inflict damage to property
or bodily injury upon any person, is guilty of a misdemeanor.

(b) A violation of subdivision (a) shall be punished as follows:

(1) Upon the first conviction, by a fine of not less than five hundred
dollars ($500) and not more than one thousand dollars ($1,000), or by
imprisonment in a county jail for not more than one year, or by both the fine and
imprisonment.

(2) Upon a second conviction, by imprisonment in a county jail for a
period of not less than 10 days, and not more than one year, or by both
imprisonment and a fine not exceeding one thousand dollars ($1,000).  The defendant
shall not be released on probation, or for any other basis until he or she has
served not less than 10 days in a county jail.

(3) Upon a third or subsequent conviction, by imprisonment in a county
jail for a period of not less than 90 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars ($1,000).
The defendant shall not be released on probation, or for any other basis
until he or she has served not less than 90 days in a county jail.

(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of this
subdivision, the imprisonment shall not be imposed, and the court may grant
probation, or the suspension of the execution or imposition of the sentence.

(Amended by Stats. 1999, Ch. 1013, Sec. 1.)





Education Code
EC 44811

Disruptions
(a) Any parent, guardian, or other person whose conduct in a place
where a school employee is required to be in the course of his or her duties
materially disrupts classwork or extracurricular activities or involves
substantial disorder is guilty of a misdemeanor.

(b) A violation of subdivision (a) shall be punished as follows:

(1) Upon the first conviction, by a fine of not less than five hundred
dollars ($500) and not more than one thousand dollars ($1,000), or by
imprisonment in a county jail for not more than one year, or by both the fine and
imprisonment.

(2) Upon a second conviction, by imprisonment in a county jail for a
period of not less than 10 days, and not more than one year, or by both
imprisonment and a fine not exceeding one thousand dollars ($1,000).  The defendant
shall not be released on probation, or for any other basis until he or she has
served not less than 10 days in a county jail.

(3) Upon a third or subsequent conviction, by imprisonment in a county
jail for a period of not less than 90 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars ($1,000).
The defendant shall not be released on probation, or for any other basis
until he or she has served not less than 90 days in a county jail.

(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of this
subdivision, the imprisonment shall not be imposed, and the court may grant
probation, or the suspension of the execution or imposition of the sentence.

(c) This section shall not apply to any otherwise lawful employee
concerted activity, including, but not limited to, picketing and the
distribution of handbills.

(Amended by Stats. 1999, Ch. 1013, Sec. 2.)





Education Code
EC 44813

Duty-free lunch period
The governing board of every school district shall allow each teacher
employed for full time in any regular day school in which two or more teachers are
employed, one duty-free lunch period each day in the manner and at the time
prescribed by regulation of the State Board of Education.

The State Board of Education shall adopt rules and regulations fixing
the duration of the duty-free lunch period of certificated employees of
school districts, the time of day when the lunch period shall be granted, and
prescribing the conditions under which the duty-free lunch period shall be
allowed.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44814

Duty-free lunch period
Recognizing that an adequate lunch period free from duty is essential
to the health, morale and efficiency of teachers employed full time in
any regular day school, the Legislature declares that it is the policy of
the state to encourage school districts to provide for an adequate
duty-free lunch period for teachers.

In order to provide for such duty-free lunch periods, the governing
board of any school district may utilize recreation personnel or other
suitable persons to supervise the pupils of the district during the school
lunch period.

The provisions of this section shall prevail over any provision of
Section 44813 which conflicts herewith.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44813




Education Code
EC 44815

Supervision of students by noncertificated personnel
The governing board of any school district may also utilize persons
not having certification qualifications to supervise the pupils of the
district during any breakfast period or other nutrition period. The
compensation of such personnel may be paid from funds from which the compensation of
personnel employed under Section 44814 may be paid.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44814




Education Code
EC 44816

Teacher end-of-year reports
Except in districts exempted by the Department of Education and in
which regular periodic reports of pupil and employee personnel data are
submitted by the principal of each school to the city or district superintendent
of schools, or, if no superintendent is employed in the district, to the
county superintendent of schools on forms approved by the Department of
Education, every teacher in the public elementary schools shall at the close of
school during each school year make an annual report to the principal of the
school in which he is employed; or, in the case of one-teacher schools, to the
city or district superintendent of schools, or, if no superintendent is
employed, to the county superintendent of schools on forms furnished by the
Superintendent of Public Instruction.

Any teacher who is teaching in any school at the close of school shall,
in his annual report, include all statistics for the entire school
year.

Where one teacher is in charge of a class and keeps the records thereof,
assistant teachers or other teachers of the class or any of the pupils thereof who
are required to keep no records shall not be required to render reports.

The city, district, or county superintendent of schools shall in no
case draw a requisition for the salary of any teacher for the last month of a
school term, until the report has been filed by him and approved.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44817

Elementary school principal annual report
The principal of each elementary school when directed by the city or
district superintendent of schools shall submit an annual report to such
superintendent, or, if no superintendent is employed in the district, to the county
superintendent of schools, on forms furnished by the Superintendent of Public
Instruction.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44818

High school principal annual report
The principal of each high school, when directed by the city or
district superintendent of schools, shall make an annual report to such
superintendent, or, if no superintendent is employed in the district, to the county
superintendent of schools, on forms furnished by the Superintendent of Public
Instruction.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44821

High school principal contract for principalship at elementary school
A high school principal shall not enter into any contract to act as a
principal or supervising principal of any elementary school, except an
elementary school in the district in which the high school is located, without the
approval of the county superintendent of schools.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44822

High school principal may act as principal of any elementary school in
district
 The principal of any high school may act as principal of any elementary
school situated in the high school district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44823

High school principal as acting principal of two or more elementary
districts
 The principal of any high school may act as the supervising principal
of two or more elementary schools situated in the high school district
without regard to the number of teachers employed in each of the elementary
schools, if so desired by the trustees of the elementary school district or
districts and the high school board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44824

Saturday and/or Sunday classes
A full-time probationary or permanent classroom teacher currently
employed by a school district which decides to maintain classes on Saturday or
Sunday, or both, shall not, without his written consent, be required to teach
under such program for more than 180 full days during a school year, or for
more than the number of full days the schools of the district were
maintained during the year preceding implementation of weekend classes,
whichever is greater. This section shall not be construed as limiting the power
of any governing board of a school district to govern the schools of the
district, including the assignment of teachers employed by the district. No
such classroom teacher shall be assigned to perform services on a Saturday
or Sunday if such teacher objects in writing that such assignment would
conflict with his or her religious beliefs or practices.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44830

Employment
(a) The governing board of a school district shall employ for
positions requiring certification qualifications, only persons who possess
the qualifications therefor prescribed by law.  It is contrary to the
public policy of this state for any person or persons charged, by the
governing boards, with the responsibility of recommending persons for
employment by the boards to refuse or to fail to do so for reasons of race, color,
religious creed, sex, or national origin of the applicants for that
employment.

(b) Commencing on February 1, 1983, no school district governing
board shall initially hire on a permanent, temporary, or substitute basis a
certificated person seeking employment in the capacity designated in his or her
credential unless that person has demonstrated basic skills proficiency as
provided in Section 44252.5 or unless the person is exempted from the
requirement by subdivisions (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or
(m).

(1) The governing board of a school district, with the authorization
of the Commission on Teacher Credentialing, may administer the basic
skills proficiency test required under Sections 44252 and 44252.5.

(2) The superintendent, in conjunction with the commission and local
governing boards, shall take steps necessary to ensure the effective
implementation of this subdivision.

It is the intent of the Legislature that in effectively implementing
the provisions of this subdivision, school district governing boards
shall direct superintendents of schools to prepare for emergencies by
developing a pool of qualified emergency substitute teachers.  This preparation
shall include public notice of the test requirements and of the dates and
locations of administrations of the tests.  District governing boards shall
make special efforts to encourage individuals who are known to be
qualified in other respects as substitutes to take the state basic skills
proficiency test at its earliest administration.

(3) Demonstration of proficiency in reading, writing, and
mathematics by any person pursuant to Section 44252 shall satisfy the
requirements of this subdivision.

(c) (1) A certificated person shall not be required to take the state
basic skills proficiency test if he or she has been employed in a position
requiring certification in any school district within 39 months prior to
employment with the district.  A person holding a valid California credential who
has not been employed in a position requiring certification in any school
district within 39 months prior to employment and who has not taken the state
basic skills proficiency test, but who has passed a basic skills
proficiency examination which has been developed and administered by the school
district offering that person employment, may be employed by the governing
board of that school district on a temporary basis on the condition that he or
she will take the state basic skills proficiency test within one year of
the date of his or her employment.

(2) A certificated person who is employed for purposes of the class
size reduction program set forth in Chapter 6.10 (commencing with Section
52120) of Part 28 shall not be required to take the state basic skills
proficiency test if he or she has been employed in a position requiring
certification in any school district within 39 months prior to employment with the
district.  A person holding a valid California credential who has not been
employed in a position requiring certification in any school district within
39 months prior to employment for purposes of the class size reduction
program and who has not taken the state basic skills proficiency test may be
employed by the governing board of that school district on a temporary basis on
the condition that he or she will take the state basic skills proficiency
test within one calendar year of the date of his or her employment.

(d) Nothing in this section shall require a person employed solely for
purposes of teaching adults in an apprenticeship program, approved by the
Apprenticeship Standards Division of the Department of Industrial Relations, to
pass the state proficiency assessment instrument as a condition of
employment.

(e) Nothing in this section shall require the holder of a child care
permit or a permit authorizing service in a development center for the
handicapped to take the state basic skills proficiency test, so long as the holder
of the permit is not required to have a baccalaureate degree.

(f) Nothing in this section shall require the holder of a credential
issued by the commission who seeks an additional credential or
authorization to teach, to take the state basic skills proficiency test.

(g) Nothing in this section shall require the holder of a credential to
provide service in the health profession to take the state basic skills
proficiency test, so long as that person does not teach in the public schools.

(h) If the basic skills proficiency test is not administered at the
time of hiring, the holder of a vocational designated subject credential
who has not already taken and passed the basic skills proficiency test may
be hired on the condition that he or she will take the test at its next local
administration.

(i) If the holder of a vocational designated subject credential does
not pass a proficiency assessment in basic skills pursuant to this
section, he or she shall be given one year in which to retake and pass the
proficiency assessment in basic skills.  If at the expiration of the one-year
period he or she has not passed the proficiency assessment in basic skills, he
or she shall be subject to dismissal under procedures established in
Article 3 (commencing with Section 44930) of Chapter 4.

(j) Nothing in this section shall be construed as requiring the holder
of a vocational designated subject credential to pass the state basic
skills proficiency test as a condition of employment. The governing board of
each school district, or each governing board of a consortium of school
districts, or each governing board involved in a joint powers agreement, which
employs the holder of a vocational designated subject credential shall
establish its own basic skills proficiency for these credentials and shall
arrange for those individuals to be assessed.  The basic skills proficiency
criteria established by the governing board shall be at least equivalent to the
test required by the district, or in the case of a consortium or a joint
powers agreement, by any of the participating districts, for graduation
from high school.  The governing board or boards may charge a fee to
individuals being tested to cover the costs of the test, including the costs of
developing, administering, and grading the test.

(k) Nothing in this section shall be construed as requiring the holder
of an adult education designated subject credential for other than
academic subjects, who is employed in an instructional setting for 20 hours or
less per week, to pass the state proficiency assessment as a condition of
employment.

(l) Nothing in this section shall be construed to require
certificated personnel employed under a foreign exchange program to take the state
basic skills proficiency test.  The maximum period of exemption under this
subdivision shall be one year.

(m) Notwithstanding any other provision of law, a school district may
hire a certificated teacher who has not taken the state basic skills
proficiency test if that person has not yet been afforded the opportunity to take
the test.  The person shall then take the test at the earliest opportunity
and may remain employed by the district pending the receipt of his or her
test results.

(Amended by Stats 1998, Ch. 547, Sec. 6.)

Reference:
Education Code 44252
Education Code 44252.5
Education Code 44930
Education Code 52120



Education Code
EC 44830.1

No employment of person convicted of serious or violent felony
(a) In addition to any other prohibition or provision, no person who
has been convicted of a violent or serious felony shall be hired by a school
district in a position requiring certification qualifications or
supervising positions requiring certification qualifications.  A school
district shall not retain in employment a current certificated employee who
has been convicted of a violent or serious felony, and who is a temporary
employee, a substitute employee, or a probationary employee serving before
March 15 of the employee's second probationary year.  If any conviction is
reversed and the formerly convicted person is acquitted of the offense in a new
trial, or the charges are dismissed, this section does not prohibit his or her
employment thereafter.

(b) This section applies to any violent or serious offense which, if
committed in this state, would have been punishable as a violent or serious
felony.

(c) (1) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a serious
felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal
Code.

(2) For purposes of this section, a plea of nolo contendere to a serious
or violent felony constitutes a conviction.

(3) For purposes of this section, the term "school district" has the
same meaning as defined in Section 41302.5.

(d) When the governing board of any school district requests a
criminal record summary of a temporary, substitute, or probationary
certificated employee, two fingerprint cards, bearing the legible rolled and flat
impressions of the person's fingerprints together with a personal description
and the fee, shall be submitted, by any means authorized by the Department
of Justice, to the Department of Justice.

(e) When the Department of Justice ascertains that an individual who
is an applicant for employment by a school district has been convicted of
a violent or serious felony, or for purposes of implementing the
prohibitions set forth in Section 44836, any sex offense, as defined in Section
44010, or any controlled substance offense, as defined in Section 44011, the
department shall notify the school district of the criminal information
pertaining to the applicant.  The notification shall be delivered by telephone or
electronic mail to the school district.  The notification to the school district
shall cease to be made once the statewide electronic fingerprinting
network is returning responses within three working days.  The Department of
Justice shall send by first-class mail or electronic mail a copy of the
criminal information to the Commission on Teacher Credentialing.  The
Department of Justice may charge a reasonable fee to cover the costs associated
with processing, reviewing, and supplying the criminal record summary
required by this section.  In no event shall the fee exceed the actual costs
incurred by the department.

(f) Notwithstanding subdivision (a), a person shall not be denied
employment or terminated from employment solely on the basis that the person has
been convicted of a violent or serious felony if the person has obtained a
certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing
with Section 4852.01) of Title 6 of Part 3 of the Penal Code.

(g) Notwithstanding subdivision (f), a person shall not be denied
employment or terminated from employment solely on the basis that the person has
been convicted of a serious felony that is not also a violent felony if that
person can prove to the sentencing court of the offense in question, by clear
and convincing evidence, that he or she has been rehabilitated for the
purposes of school employment for at least one year.  If the offense in question
occurred outside this state, then the person may seek a finding of
rehabilitation from the court in the school district in which he or she is a resident.

(h) Notwithstanding any other provision of law, when the Department
of Justice notifies a school district by telephone or electronic mail
that a current temporary employee, substitute employee, or probationary
employee serving before March 15 of the employee's second probationary year,
has been convicted of a violent or serious felony, that employee shall
immediately be placed on leave without pay.  When the school district receives
written electronic notification of the fact of conviction from the
Department of Justice, the employee shall be terminated automatically and
without regard to any other procedure for termination specified in this code
or school district procedures unless the employee challenges the
record of the Department of Justice and the Department of Justice withdraws
in writing its notification to the school district.  Upon receipt of
written withdrawal of notification from the Department of Justice, the
employee shall immediately be reinstated with full restoration of salary and
benefits for the period of time from the suspension without pay to the
reinstatement.

(i) An employer shall request subsequent arrest service from the
Department of Justice as provided under Section 11105.2 of the Penal Code.

(j) Notwithstanding Section 47610, this section applies to a charter
school.

(k) This section shall not apply to a certificated employee who
applies to renew his or her credential when both of the following conditions
have been met:

(1) The employee's original application for credential was
accompanied by that person's fingerprints.

(2) The employee has either been continuously employed in one or more
public school districts since the issuance or last renewal of his or her
credential or his or her credential has not expired between renewals.

(l) Nothing in this section shall prohibit a county superintendent of
schools from issuing a temporary certificate to any person described in
paragraph (1) or (2) of subdivision (k).

(m) This section shall not prohibit a school district from hiring a
certificated employee who became a permanent employee of another school district
as of October 1, 1997.

(n) All information obtained from the Department of Justice is
confidential.  Every agency handling Department of Justice information shall
ensure the following:

(1) No recipient may disclose its contents or provide copies of
information.

(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.

(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of Title 11 of the
California Code of Regulations.

(4) Compliance with destruction, storage, dissemination,
auditing, backgrounding, and training requirements as set forth in Sections
700 through 708 inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and security of
criminal offender record information is the responsibility of the entity
receiving the information from the Department of Justice.

(Amended by Stats. 1998, Ch. 840, Sec. 6.)

Reference:
Education Code 41302.5
Education Code 44010
Education Code 44011
Education Code 44836
Education Code 47610
Penal Code 667.5
Penal Code 1192.7
Penal Code 4852.01
Penal Code 11077
Penal Code 11105.2




Education Code
EC 44830.2

Designated district or county officer for employees of multiple
districts
 (a) For situations in which a person is an applicant for employment, or
is employed on a part-time or substitute basis, in a position requiring
certification qualifications in multiple school districts within a county or
within contiguous counties, the districts may agree among themselves to
designate a single district, or a county superintendent may agree to act on
behalf of participating districts within the county or contiguous
counties, for the purposes of performing the following functions:

(1) Sending fingerprints to the Department of Justice.

(2) Receiving reports of convictions of serious and violent felonies.

(3) Reviewing criminal history records and reports of subsequent
arrests from the Department of Justice.

(4) Maintaining common lists of persons eligible for employment.

(b) The school district or county superintendent serving in the
capacity authorized in subdivision (a) shall be considered the employer for
purposes of subdivisions (a), (d), and (g) of Section 44830.1.

(c) Upon receipt from the Department of Justice of a report of
conviction of a serious or violent felony, the designated school district or
county superintendent shall communicate that fact to the participating
districts and remove the affected employee from the common list of persons
eligible for employment.

(d) Upon receipt from the Department of Justice of a criminal history
record or report of subsequent arrest for any person on a common list of
persons eligible for employment, the designated school district or county
superintendent shall give notice to the superintendent of any participating
district or a person designated in writing by that superintendent, that the
report is available for inspection on a confidential basis by the
superintendent or authorized designee, at the office of the designated school
district or county superintendent, for a period of 30 days following receipt of
notice, to enable the employing school district to determine whether the
employee meets that district's criteria for continued employment.  The
designated school district or county superintendent shall not release a copy of
that information to any participating district or any other person, shall
retain or dispose of the information in the manner required by law after all
participating districts have had an opportunity to inspect it in accordance with
this section, and shall maintain a record of all persons to whom the
information has been shown that shall be available to the Department of Justice to
monitor compliance with the requirements of confidentiality contained in
this section.

(e) Any agency processing Department of Justice responses pursuant
to this section shall submit an interagency agreement to the Department
of Justice to establish authorization to submit and receive
information pursuant to this section.

(f) All information obtained from the Department of Justice is
confidential.  Every agency handling Department of Justice information shall
ensure the following:

(1) No recipient may disclose its contents or provide copies of
information.

(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.

(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of Title 11 of the
California Code of Regulations.

(4) Compliance with destruction, storage, dissemination,
auditing, backgrounding, and training requirements as set forth in Sections
700 through 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and security of
criminal offender record information is the responsibility of the entity
receiving the information from the Department of Justice.

(Added by Stats. 1998, Ch. 840, Sec. 7.)

Reference:
Education Code 44830.1
Penal Code 11077




Education Code
EC 44830.3

District interns
(a) The governing board of any school district that maintains
kindergarten or grades 1 to 12, inclusive, or that maintains classes in bilingual
education, or in the case of special education programs for pupils with mild and
moderate disabilities, the Los Angeles Unified School District, may, in
consultation with an accredited institution of higher education offering an
approved program of pedagogical teacher preparation, employ persons
authorized by the Commission on Teacher Credentialing to provide service as
district interns to provide instruction to pupils in those grades or classes as
a classroom teacher.  The governing board shall require that each
district intern be assisted and guided by a certificated employee of the school
district who has been designated by the governing board as a mentor teacher
pursuant to Article 4 (commencing with Section 44490) of Chapter 3 or by
certificated employees selected through a competitive process adopted by the
governing board after consultation with the exclusive teacher representative
unit or by personnel employed by institutions of higher education to
supervise student teachers.  Mentor teachers or other certificated employees
shall possess valid certification at the same level, or of the same type, of
credential as the district interns they serve.

(b) The governing board of each school district employing district
interns shall develop and implement a professional development plan for
district interns in consultation with an accredited institution of higher
education offering an approved program of pedagogical preparation.  The
professional development plan shall include all of the following:

(1) Provisions for an annual evaluation of the district intern.

(2) As the governing board determines necessary, a description of
courses to be completed by the district intern, if any, and a plan for the
completion of preservice or other clinical training, if any, including student
teaching.

(3) Mandatory preservice training for district interns tailored to
the grade level or class to be taught, through either of the following
options:

(A) One hundred twenty clock hours of preservice training and
orientation in the aspects of child development and the methods of teaching the
subject field or fields in which the district intern will be assigned, which
training and orientation period shall be under the direct supervision of an
experienced permanent teacher.  At the conclusion of the preservice training
period, the permanent teacher shall provide the district with information
regarding the area that should be emphasized in the future training of the
district intern.

(B) The successful completion, prior to service by the intern in any
classroom, of six semester units of coursework from a regionally accredited
college or university, designed in cooperation with the school district to
provide instruction and orientation in the aspects of child development and
the methods of teaching the subject field or fields in which the district
intern will be assigned.

(4) Instruction in child development and the methods of teaching
during the first semester of service for district interns teaching in
kindergarten or grades 1 to 6, inclusive, including bilingual classes at those
levels.

(5) Instruction in the culture and methods of teaching bilingual
children during the first year of service for district interns teaching
children in bilingual classes.

(6) Any other criteria that may be required by the governing board.

(7) In addition to the requirements set forth in paragraphs (1) to (6),
inclusive, the professional development plan for district interns teaching in
special education programs for pupils with mild and moderate disabilities
also shall include 120 clock hours of mandatory preservice training and
orientation, which shall include, but not be limited to, instruction in the
development of exceptional children and the methods of teaching exceptional
children.

(8) In addition to the requirements set forth in paragraphs (1) to (6),
inclusive, the professional development plan for district interns teaching
bilingual classes shall also include 120 clock hours of mandatory training and
orientation, which shall include, but not be limited to, instruction in subject
matter relating to bilingual-crosscultural language and academic
development.

(9) The professional development plan for district interns teaching
in special education programs for pupils with mild and moderate
disabilities shall be based on the standards adopted by the commission as provided
in subdivision (a) of Section 44327.

(c) Each district intern and each district teacher assigned to
supervise the district intern during the preservice period, shall be
compensated for the preservice period pursuant to subparagraph (A) or (B) of
paragraph (3).  The compensation shall be that which is normally provided by each
district for staff development or in-service activity.

(d) Upon completion of two years of service, or three years of service
for interns participating in a program that leads to the attainment of a
specialist credential to teach pupils with mild and moderate disabilities, or
four years if the intern is participating in a program that leads to the
attainment of both a multiple subject or single subject teaching credential and a
specialist credential to teach pupils with mild and moderate disabilities, the
governing board may recommend to the Commission on Teacher Credentialing that
the district intern be credentialed in the manner prescribed by Section
44328.

(Amended by Stats. 1996, Ch. 948, Sec. 3. Made operative by Stats.
1997, Ch. 1.)

Reference:
Education Code 44327
Education Code 44328
Education Code 44490

Education Code
EC 44830.5

Ethnic ratio in assignment of certificated employees
The Legislature hereby declares that it is contrary to the interests
of this state and the people thereof for the governing board of any school
district to adhere to a strict ethnic ratio in the assignment of certificated
employees of the district.

(Added by Stats. 1978, Ch. 1179.)




Education Code
EC 44830.7

Contract with persons having qualifications from another state
Every contract for employment for a position requiring
certification qualifications between a school district governing board and a
person who possesses certification qualifications from another state
shall provide that employment shall terminate upon notice by the
Commission for Teacher Preparation and Licensing to the district and the
employee, that the employee does not have the necessary qualifications for the
credential required by law for the position for which the service was rendered.

(Added by Stats. 1980, Ch. 279, Sec. 1.)




Education Code
EC 44831

Employment as provided in code
Governing boards of school districts shall employ persons in public
school service requiring certification qualifications as provided in this
code, except that the governing board or a county office of education may
contract with or employ an individual who holds a license issued by the
Speech-Language Pathology and Audiology Board and has earned a masters degree in
communication disorders to provide speech and language services if that individual
meets the requirements of Sections 44332.6 and 44830 before employment or
execution of the contract.

(Amended by Stats. 1999, Ch. 623, Sec. 7.)




Education Code
EC 44832

Notification of intent to return
(a) Notwithstanding Section 44842, and except for employees who are
notified pursuant to Section44955, each classroom teacher shall, by May 15 of
each year, inform the employing school district whether he or she intends
to return to a teaching position for the following school year.

(b) The school district and the exclusive bargaining representative
may agree to include provisions regarding the requirements of
subdivision (a) in any collective bargaining agreement applying to classroom
teachers.

(c) This section shall apply only to teachers in school districts
having an average daily attendance of less than 2,500.

(Added by Stats. 1991, Ch. 375, Sec. 1.)

Reference:
Education Code 44842
Education Code 44955




Education Code
EC 44833

Nonteaching aids
Notwithstanding the provisions of Sections 44001, 44830, 44831, or
any other provision of law, a noncertificated student enrolled in any
public or private college or university in California may be permitted by the
governing board of a school district maintaining any of grades 1 through 8, to
serve in elementary schools or child care centers as a nonteaching aide
under the following conditions:

(a) Such service by the student is based upon a program for the
part-time employment of students established by the college or university
under those provisions of the federal statute cited as the Economic
Opportunity Act of 1964 (Public Law 452, of the 88th Congress), and acts amendatory
thereof, which provide for federal financial grants for work-study
programs.

(b) The compensation being received by the student for such services
is provided, at least in part, by grants made to the college or university
by the government of the United States for a program of the type specified
in subdivision (a).

(c) The student has been determined under procedures established by
the Department of Education to be free of any disability of person or
character (other than in professional competency) which would prohibit the
issuance to him of any credential or certification document provided for under
this code if he were otherwise qualified therefor.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44001
Education Code 44830
Education Code 44831




Education Code
EC 44834

Administrative or supervisory position
(a) Notwithstanding any other provision of law, on and after the
effective date of this section the governing board of a school district may
employ an individual in any administrative or supervisory position,
irrespective of whether or not that person holds any supervisory or administrative
credential if he or she meets all of the following criteria:

(1) He or she holds a valid teaching credential.

(2) He or she has completed 15 years service as a teacher, as defined in
Section 41011, including 10 years of teaching service in the employ of the
district which appoints him or her to an administrative or supervisory
position.

(3) The last 10 years of service immediately preceding his or her
appointment to an administrative or supervisory position were as a teacher of the
natural sciences, the social sciences (other than education or educational
methodology), the humanities, mathematics, and the fine arts.

(b) Commencing January 1, 1991, subdivision (a) shall apply only to
persons who were employed by the governing board of a school district in a
supervisory or administrative position on or before January 1, 1991, pursuant to
the requirements of this section as it read on December 31, 1990.

(Amended by Stats. 1990, Ch. 979, Sec. 2.)

Reference:
Education Code 41011




Education Code
EC 44834.1

Exemption from administrative services credential
On or before June 30, 1991, the Commission on Teacher Credentialing
shall adopt criteria to exempt from the requirement of obtaining an
administrative services credential those certificated employees who participate
in innovative programs of school organization that may be developed by
the certificated personnel, including, but not limited to,
administrators and teachers of a school district. Any exemption granted by the
commission under this section shall be valid only in the school district for which
the exemption has been approved.

It is the intent of the Legislature that institutions of higher
education be encouraged to actively participate in partnerships with the local
governing boards of school districts, school district administrators,
teachers, and other certificated personnel in the development and
implementation of innovative programs of school organization.

(Added by Stats. 1990, Ch. 979, Sec. 3.)




Education Code
EC 44834.2

Requirements administrative services credential
It is the intent of the Legislature that the minimum requirements for
the administrative services credential prescribed by Sections 44270
and 44270.1 include an integration of theoretical knowledge and the
demonstration of skills. It is further the intent of the Legislature that the minimum
requirements for the administrative services credential reflect an appropriate
balance of coursework, supervised fieldwork, and related experiences
designed to contribute to the development and improvement of the educational
leadership skills necessary to perform the duties of a school administrator.

(Amended by Stats. 1994, Ch. 922, Sec. 91.)

Reference:
Education Code 44270
Education Code 44270.1




Education Code
EC 44835

Student nonteaching aide
A student providing services in elementary schools or child
development facilities as a nonteaching aide shall perform no instructional
work; but shall, under the immediate supervision and direction of a
certificated employee, perform noninstructional work which serves to assist
certificated personnel in performance of teaching and administrative
responsibilities.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44836

Employment prohibited of person convicted sex offense or controlled
substance offense
 (a) (1) The governing board of a school district shall not employ or
retain in employment persons in public school service who have been
convicted, or who have been convicted following a plea of nolo contendere to
charges, of any sex offense as defined in Section 44010.

(2) If a person's conviction of a sex offense as defined in Section
44010 is reversed and the person is acquitted of the offense in a new trial or
the charges against him or her are dismissed, this section does not
prohibit his or her employment thereafter.  If the dismissal was pursuant to
Section 1203.4 of the Penal Code and the victim of the sex offense was a minor,
this section does prohibit the person's employment.

(b) (1) The governing board of a school district also shall not employ
or retain in employment persons in public school service who have been
convicted of any controlled substance offense as defined in Section 44011.

(2) If a person's conviction for a controlled substance offense as
defined in Section 44011 is reversed and the person is acquitted of the offense
in a new trial or the charges against him or her are dismissed, this
section does not prohibit his or her employment thereafter.

(c) Notwithstanding subdivision (b), the governing board of a school
district may employ a person convicted of a controlled substance offense in a
position requiring certification qualifications if that person holds an
appropriate credential issued by the Commission on Teacher Credentialing.

(Amended by Stats. 1998, Ch. 840, Sec. 8.)

Reference:
Education Code 44010
Education Code 44011
Penal Code 1203.4




Education Code
EC 44837

No employment person determined to be sexual psychopath
Governing boards of school districts shall not employ or retain in
employment any person in public school service who has been determined to be a
sexual psychopath under the provisions of Article 1 (commencing with
Section 6300), Chapter 2, Part 2, Division 6 of the Welfare and Institutions
Code or under similar provisions of law of any other state. If, however,
such determination is reversed and the person is determined not to be a
sexual psychopath in a new proceeding or the proceeding to determine whether
he is a sexual psychopath is dismissed, this section does not prohibit
his employment thereafter.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Welfare and Institutions Code 6300




Education Code
EC 44838

Statement of military service
The governing board of a school district shall, as a condition to
employment, require an applicant for a position requiring certification
qualification to furnish a statement of the military service of the applicant and, if
any was rendered, a copy of the discharge or release from service. If no
such document is available, the governing board may accept other suitable
evidence of the conditions under which the military service of the applicant
was terminated.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44839

Medical examination
(a) When a school district or a county superintendent of schools
wishes to employ a person in a position requiring certification
qualifications and that person has not previously been employed in a position
requiring certification qualifications in this state, the district or county
superintendent shall require a medical certificate in such form as shall be
prescribed by the State Board of Education showing that the applicant is free from
any disabling disease unfitting the applicant to instruct or associate
with children. The medical certificate shall be submitted directly to the
governing board or county superintendent by a physician and surgeon licensed
under the Business and Professions Code, a commissioned medical officer
exempted from licensure by Section 2144 of the Business and Professions Code,
or a commissioned medical officer in the United States Air Force. The
medical examination shall have been conducted not more than six months before
the submission of the certificate and shall be at the expense of the
applicant. A governing board or county superintendent may offer a contract of
employment to an applicant subject to the submission of the required medical
certificate. Notwithstanding Section 44031, the medical certificate shall
become a part of the personnel record of the employee and shall be open to the
employee or his designee.

(b) The governing board of a school district or a county
superintendent of schools may require certificated employees to undergo a periodic
medical examination by a physician and surgeon licensed under the Business
and Professions Code, or a commissioned medical officer exempted from
licensure by Section 2144 of the Business and Professions Code, to determine
that the employee is free from any communicable disease unfitting the
applicant to instruct or associate with children. The periodic medical
examination shall be at the expense of the school district or county
superintendent. The medical certificate shall become a part of the personnel record of
the employee and shall be open to the employee or his designee.

(c) The State Board of Education shall adopt rules and regulations
relating to the implementation and administration of this section.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44031
Business and Professions Code 2144




Education Code
EC 44839.5

Retirant medical certificate
(a) When a school district or county superintendent of schools wishes
to employ a retirant who is retired for service, and such person has not
been previously employed as a retirant, such district or county
superintendent shall require, as a condition of initial employment as a retirant, a
medical certificate in such form as shall be prescribed by the State Board of
Education showing that the retirant is free from any disabling disease
unfitting him or her to instruct or associate with children. The medical
certificate shall be completed and submitted directly to the school district or
county superintendent by a physician and surgeon licensed under the
Business and Professions Code or a commissioned medical officer exempted from
licensure by Section 2144 of the Business and Professions Code. A medical
examination as prescribed by the State Board of Education shall be required for the
completion of the medical certificate. Such examination shall be conducted not
more than six months before the completion and submission of the
certificate and shall be at the expense of the retirant. Notwithstanding Section
44031, the medical certificate shall become a part of the personnel record of
the employee and shall be open to the employee or his designee.

(b) The school district or county superintendent of schools which
initially employed the retirant, or any school district or county
superintendent which subsequently employs the retirant, may require a periodic
medical examination by a physician and surgeon licensed under the Business
and Professions Code or a commissioned medical officer exempted from
licensure by Section 2144 of the Business and Professions Code, to determine
that the retirant is free from any communicable disease unfitting him or
her to instruct or associate with children. The periodic medical
examination shall be at the expense of the school district or county
superintendent. The medical certificate shall become a part of the personnel record of
the retirant and shall be open to the retirant or his designee.

(c) The State Board of Education shall adopt rules and regulations
relating to the implementation and administration of this section.

(Added by Stats. 1979, Ch. 820.)

Reference:
Education Code 44031
Business and Professions Code 2144




Education Code
EC 44840

Reelection
Persons in positions requiring certification qualifications may be
elected for the next ensuing school year on and after the 15th day of March, and
each person so elected shall be deemed reelected from year to year except as
provided in Section 35043, Sections 44221 to 44227, inclusive, Sections 44831
to 44891, inclusive, Sections 44893 to 44900, inclusive, Sections
44901 to 44906, inclusive, and Sections 44908 to 44919, inclusive.

At any time after the 31st day of December, any person not then employed
in the school district may be elected for the next ensuing school year to a
position requiring certification qualifications.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 35043
Education Code 44221-44227
Education Code 44831-44891
Education Code 44893-44900
Education Code 44901-44906
Education Code 44908-44919





Education Code
EC 44842

Notice of intent to remain in service
(a) Except as set forth in subdivision (b), if, without good cause, a
probationary or permanent employee of a school district fails prior to July 1 of any
school year to notify the governing board of the district of his or her
intention to remain or not to remain in the service of the district, as the case may
be, during the ensuing school year if a request to give such notice,
including a copy of this section, shall have been personally served upon the
employee, or mailed to him or her by United States certified mail with return
receipt requested to his or her last known place of address, by the clerk or
secretary of the governing board of the school district, not later than the
preceding May 30, the employee may be deemed to have declined employment and his
or her services as an employee of the district may be terminated on June 30
of that year.

(b) (1) In the case of an employee of a year-round school serving in a
track that starts within 14 days of July 1, and serves in a position requiring
certification qualifications, if the school district has, by April 30, requested
that the employee notify the school district by June 1, of that year of his or
her intention to remain or not to remain in the service of the school
district for the following school year, and the employee, without good cause,
fails to provide that notice, the school district may deem the employee to
have declined employment and may terminate his or her services as an
employee of the school district on June 30 of that year.  An employee who gives
notice of resignation pursuant to this paragraph after May 31, but before
June 30, shall be released from his or her contract within 30 days of the
employee's notice, or as soon as a replacement employee is obtained, whichever
occurs first.

(2) The request for notice sent to the employee by the school district
pursuant to this subdivision shall be in writing and shall, along with a copy of
this section, be either personally served upon the employee, or mailed to
him or her by United States certified mail with return receipt requested
to his or her last known address, by the clerk or secretary of the
governing board of the school district.

(c) If, without good cause, a probationary or permanent employee of a
school district fails to report for duty at the beginning of the ensuing
school year after having notified the governing board of the district of his
or her intention to remain in the service of the district in accordance
with the procedures specified above, the employee may be deemed to have
declined employment and his or her services as an employee of the district may be
terminated on the day following the 20th consecutive day of absence.  No school
district may terminate any employee pursuant to this subdivision unless the
district has specifically notified the employee, at least five days in
advance, of the time and place at which the employee was to report to work, and the
employee did not request or was not granted a leave of absence authorized by the
governing board of the district.

This subdivision is applicable only to employees who were on leave of
absence for 20 or more consecutive working days after April 30 of the previous
school year.

(Amended by Stats. 1998, Ch. 533, Sec. 1.)



Education Code
EC 44843

Notification of county superintendent
The county superintendent of schools shall be given immediate notice
in writing by the governing board of the district of the employment of
persons for positions requiring certification qualifications. The notice
shall include but not be limited to such data as may be prescribed by the
Superintendent of Public Instruction, in regulations he is herewith authorized to
adopt.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44844

Employment date
Except as otherwise provided in Sections 44831 to 44855, inclusive,
every probationary or permanent employee employed before July 1, 1947,
shall be deemed to have been employed on the date upon which he first accepted
employment in a probationary position.

(Amended by Stats. 1977, Ch. 433.)

Reference:
Education Code 44831-44855




Education Code
EC 44845

Employment date
Every probationary or permanent employee employed after June 30,
1947, shall be deemed to have been employed on the date upon which he first
rendered paid service in a probationary position.

(Amended by Stats. 1977, Ch. 433.)




Education Code
EC 44846

Reappointment of employees with same employment date
The following general provisions shall apply regardless of date of
employment:

As between two or more employees who first rendered paid service to the
district on the same date, and who, following the termination of services, have
a statutory preference to reappointment in the order of original
employment, the governing board shall determine the order of reemployment solely
on the basis of the needs of the district and the students thereof. Any
terminated employee subject to the conditions of this section shall, upon
request, be furnished in writing, no later than 15 days following such request,
the reasons and basis of the needs of the district and the students thereof
utilized by the governing board in determining which employee or employees
shall be reappointed. This requirement that the governing board provide,
on request, a written statement of reasons for determining the order of
reappointment shall not be interpreted to give affected employees any legal right or
interest that would not exist without such a requirement.

Records showing date of employment, whether kept by the district or by
the county, shall be accessible, on demand, to any certificated employee
of the district or to his designated representative.

In the absence of records as to any of the matters referred to in the two
preceding sections, the governing board, in accordance with evidence
presented, shall determine the order of employment after giving employees a
reasonable opportunity to present such evidence.

The order of employment in all districts, when required, shall be
determined as prescribed by Sections 44830 to 44855, inclusive.

The governing board shall have power and it shall be its duty to correct
any errors discovered from time to time in its records showing the order of
employment.

(Amended by Stats. 1978, Ch. 898.)

Reference:
Education Code 44830
Education Code 44855




Education Code
EC 44847

Transfer of employment date
When any school or part thereof shall have been transferred from one
district to another, employment for any employees who transfer with said
school or part thereof shall date from the time said employees first accepted
employment (if before July 1, 1947) or rendered paid service (if after June 30,
1947) as probationary employees in the district from which the school or
part thereof and the said employees were transferred.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44848

Employment dates
When any certificated employee shall have resigned or been dismissed
for cause and shall thereafter have been reemployed by the board, his date
of employment shall be deemed to be the date on which he first accepted
reemployment (if reemployed before July 1,1947) or rendered paid service (if
reemployed after June 30,1947) after his reemployment.

When an employee's services are terminated for lack of enrollment or
discontinuance of service or are otherwise interrupted in a manner declared by law not
to constitute a break in service, his original order of employment shall
stand.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44849

Sections not to be construed to deprive person of rights and remedies
in court
 Nothing in Sections 35029, 35161, 35162, Sections 44030 to 44034,
inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802,
inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060,
inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1
(commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section
7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of
Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8,
Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1
(commencing with Section 44000), Article 3 (commencing with Section 44060) of
Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing
with Section 44400), Article 2 (commencing with Section 44830), Article 3
(commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section
45100), Article 2 (commencing with Section 87600), Article 4 (commencing
with Section 87660) of Chapter 3 of Part 51, shall be construed in a manner as
to deprive any person of his or her rights and remedies in a court of
competent jurisdiction on a question of law and fact.

(Amended by Stats. 1990, Ch. 1372, Sec. 196.)

Reference:
Education Code 7000
Education Code 7100
Education Code 10300
Education Code 12500
Education Code 32340
Education Code 35029
Education Code 35161
Education Code 35162
Education Code 44000
Education Code 44030-44034
Education Code 44036-44048
Education Code 44060
Education Code 44200
Education Code 44400
Education Code 44800-44802
Education Code 44804-44824
Education Code 44830
Education Code 44930
Education Code 45021-45060
Education Code 45100
Education Code 48913
Education Code 87462
Education Code 87463
Education Code 87469
Education Code 87600
Education Code 87660
Education Code 88021
Education Code 88071




Education Code
EC 44850

Sections not to be construed to repeal or negate city or county
charters
 Nothing in Sections 35029, 35161, 35162, Sections 44030 to 44034,
inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802,
inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060,
inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1
(commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section
7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of
Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8,
Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1
(commencing with Section 44000), Article 3 (commencing with Section 44060) of
Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing
with Section 44400), Article 2 (commencing with Section 44830), Article 3
(commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section
45100), Article 2 (commencing with Section 87600), Article 4 (commencing
with Section 87660) of Chapter 3 of Part 51, shall be construed so as to
repeal or negate any provisions concerning employees of school districts
contained in the charter of any city, county, or city and county, adopted and
approved in conformity with Article XI of the Constitution of this state.

(Amended by Stats. 1990, Ch. 1372, Sec. 197.)

Reference:
Education Code 7000
Education Code 7100
Education Code 10300
Education Code 12500
Education Code 32340
Education Code 35029
Education Code 35161
Education Code 35162
Education Code 44000
Education Code 44030-44034
Education Code 44036-44048
Education Code 44060
Education Code 44200
Education Code 44400
Education Code 44800-44802
Education Code 44804-44824
Education Code 44830
Education Code 44930
Education Code 45021-45060
Education Code 45100
Education Code 48913
Education Code 87462
Education Code 87463
Education Code 87469
Education Code 87600
Education Code 87660
Education Code 88021
Education Code 88271




Education Code
EC 44850.1

Permanent status; department heads, supervisory and
administrative positions
 Notwithstanding Section 44850, and notwithstanding provisions of
the charter of any city or city and county to the contrary, on and after July
1, 1978, the certificated employees of any school district governed by
such a charter who serve as the head of a department of the district or in an
administrative or supervisory position shall neither acquire nor retain permanent
status in such position unless the employee is or becomes eligible for
permanent status in accordance with provisions of this code.

(Amended by Stats. 1978, Ch. 315.)

Reference:
Education Code 44850




Education Code
EC 44851

Legislature has right to amend and/or repeal
All employments under the provisions of Section 35161, Sections
44221 to 44227, inclusive, Sections 44831 to 44887, inclusive, Sections
44889 to 44891, inclusive, Sections 44893 to 44906, inclusive, Sections
44908 to 44919, inclusive, Sections 87462 and 87469, shall be subordinate
to the right of the Legislature to amend or repeal Section 35161,
Sections 44221 to 44227, inclusive, Sections 44831 to 44887, inclusive,
Sections 44889 to 44891, inclusive, Sections 44893 to 44906, inclusive,
Sections 44908 to 44919, inclusive, Sections 87462 and 87469, or any provision
or provisions thereof at any time, and nothing herein contained shall be
construed to confer upon any person employed pursuant to the provisions hereof a
contract which will be impaired by the amendment or repeal of Section 35161,
Sections 44221 to 44227, inclusive, Sections 44831 to 44887, inclusive,
Sections 44889 to 44891, inclusive, Sections 44893 to 44906, inclusive,
Sections 44908 to 44919, inclusive, Sections 87462 and 87469, or of any
provision or provisions thereof.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 35161
Education Code 44221-44227
Education Code 44831-44887
Education Code 44889-44891
Education Code 44893-44906
Education Code 44908-44919
Education Code 87462
Education Code 87469




Education Code
EC 44852

Employment for less than full school year
Nothing in this code shall be construed as prohibiting the employment
of persons in positions requiring certification qualifications for
less than a full school year in temporary schools or classes.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44853

Contracts for exchange teachers
The governing board of any school district, subject to the rules and
regulations prescribed by the State Board of Education, may enter into an
agreement with the proper authorities of any foreign country, or of any state,
territory, or possession of the United States, or other district within the
state, for the exchange and employment of regularly credentialed employees
and employees of public schools of any foreign country, state,
territory, or possession, or other district within this state. Any certificated
person so employed as provided in this section shall be known as an "exchange
certificated employee." No exchange shall be made without the consent of the
employee to be exchanged.

Due consideration shall be given to the general qualifications and
professional status of the exchange employee as compared to the general
qualifications and professional status of the employee for whom exchanged. However,
it shall not be a requirement that an exchange certificated employee be a
teacher of the same subject or grade, or both, as the employee for whom
exchanged. If the service authorized is other than teaching, it shall not be a
requirement that the service be at the same grade level or that the service be
exactly the same as the employee for whom exchanged.

No person may be employed as an exchange employee by a school district
in the state unless he holds the necessary valid credential or
credentials issued by the Commission for Teacher Preparation and Licensing
authorizing him to serve in a position requiring certification qualifications in
the school district proposing to employ him. The commission may
establish minimum standards for the credentials for exchange certificated
employees, provided however, that no exchange certificated employee shall be
required to pay any fee or other charge for the issuance to him of any necessary
valid credential or credentials authorizing him to serve in a position
requiring certification qualifications in any school district in this state.

An exchange agreement may be made for a period not to exceed three
years.

At the end of the assignment period, the exchange, with the consent of
all parties, may be made complete and permanent.

(Amended by Stats. 1977, Ch. 36.)




Education Code
EC 44854

Exchange positions
Acceptance of any exchange position by an employee of any school
district in the state shall not affect his or her right to the permanent
classification to which he or she is entitled, at the time of the acceptance, or any of
his or her rights under the state teachers retirement salary provisions
of this code, or under any local or district retirement plan, or system,
and the time served in the exchange position shall be counted as time
served in the service of the district in which he or she is employed
immediately prior to acceptance of the exchange position in determining his or her
status under Sections 35029, 35161, 35162, Sections 44030 to 44034,
inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802,
inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060,
inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1
(commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section
7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of
Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8,
Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1
(commencing with Section 44000), Article 3 (commencing with Section 44060) of
Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing
with Section 44400), Article 2 (commencing with Section 44830), Article 3
(commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section
45100), Article 2 (commencing with Section 87600), Article 4 (commencing
with Section 87660) of Chapter 3 of Part 51, and under the provisions of this
code relating to state retirement salary, and under any local or district
retirement plan.

(Amended by Stats. 1990, Ch. 1372, Sec. 198.)

Reference:
Education Code 7000
Education Code 7100
Education Code 10300
Education Code 12500
Education Code 32340
Education Code 35029
Education Code 35161
Education Code 35162
Education Code 44000
Education Code 44030-44034
Education Code 44036-44048
Education Code 44060
Education Code 44200
Education Code 44400
Education Code 44800-44802
Education Code 44804-44824
Education Code 44830
Education Code 44930
Education Code 45021-45060
Education Code 45100
Education Code 48913
Education Code 87462
Education Code 87463
Education Code 87469
Education Code 87600
Education Code 87660
Education Code 88021
Education Code 88071




Education Code
EC 44855

Pay of exchange teachers
If the teacher from the district within the state who serves as an
exchange teacher without the state and the governing board regularly
employing him so agree, the district may pay his regular salary, making all
deductions provided by law for retirement purposes, during the period of the
exchange teaching. In such case the district shall not pay the salary of the
exchange teacher from without the state, serving the district in exchange for
its regular teacher.

In the event a teacher from a district within this state serving as an
exchange teacher without the state and to whom the governing board of such
district is paying the regular salary of such teacher as herein provided, is
compelled to absent herself from her duties because of injury, illness or
quarantine, the governing board of the district within this state may pay the
substitute employed to take the place of such teacher and shall deduct the amount
so paid the substitute from the compensation of the teacher.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44856

Sojourn certificated employees
The governing board of a school district may, for the purposes of
providing bilingual instruction, foreign language instruction, or cultural
enrichment, in the schools of the district, subject to the rules and regulations of
the State Board of Education conclude arrangements with the proper
authorities of any foreign country, or of any state, territory, or possession of
the United States, for the hiring of bilingual teachers employed in
public or private schools of any foreign country, state, territory, or
possession. To be eligible for employment the teacher must speak English
fluently. Any persons so employed pursuant to this section shall be known as a
"sojourn certificated employee."

No person may be hired as a sojourn certificate employee by a school
district unless he holds the necessary valid credential or credentials issued
by the Commission for Teacher Preparation and Licensing authorizing
him to serve in a position requiring certification qualifications in the
school district proposing to employ him. Such person may be employed only for
a period not to exceed two years, except that thereafter such period of
employment may be extended from year to year for a total period of not more than five
years upon verification by the employing district that termination of such
employment would adversely affect an existing bilingual or foreign language
program or program of cultural enrichment and that attempts to secure the
employment of a certificated California teacher qualified to fill such position
have been unsuccessful. The commission shall establish minimum
standards for the credentials for sojourn certificated employees.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44857

Certificate registration
Each person employed by the governing board of a school district for a
position requiring certification qualifications shall, not later than 60
days after the date fixed by the governing board of the district for the
commencement of the person's service, register, in the manner prescribed by
Section 44330, a valid certification document issued on or before that date,
authorizing the person to serve in the position for which he or she was employed, and
shall, not later than 60 days after the renewal thereof, register the renewed
certification document in the manner prescribed by Section 44330. If any person so
employed is the holder of a California State University, or state teachers
college, diploma accompanied by the certificate of the State Board of
Education, or of an educational or life diploma of this state, and has presented
the diploma to, and has had his or her name recorded by, the county
superintendent of schools of the county, the person shall be deemed to have registered
the diploma under Section 44330.

(Amended by Stats. 1986, Ch. 248, Sec. 28.)

Reference:
Education Code 44330




Education Code
EC 44858

No discrimination because of age or marital status
The Legislature hereby declares that it is contrary to the interest of
this state and of the people thereof for any governing board or any person
charged by the governing board of any school district with the responsibility
of interviewing and recommending persons for employment in positions
requiring certification to fail or refuse to do so for reason of the age or marital
status of any applicant for such employment, except as otherwise provided in
this code.

(Amended by Stats. 1982, Ch. 466, Sec. 36.)




Education Code
EC 44859

Residency in district not required
No school district may adopt or maintain any rule or regulation which
requires a candidate for a position requiring certification qualifications
to be a resident of the district or to become a resident of the district, or
which requires that an employee maintain residency within the district;
nor may a district grant any preferential treatment to candidates or
employees because they are residents of the district.

The Legislature in enacting this section recognizes that the public
school system of this state is the property of all its citizens, and that all
qualified candidates for positions of employment with school districts,
regardless of residence, should be granted the opportunity to compete for and
obtain such positions based solely on merit and fitness.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44860

Principal, school administration credential
No person shall be employed as principal of a school of six or more
certificated employees unless he or she holds a valid school administration
credential and at least one of the following: a teaching credential, or a services
credential with a specialization in pupil personnel, health, clinical or
rehabilitative, or librarian services.

(Amended by Stats. 1990, Ch. 341, Sec. 4.)




Education Code
EC 44861

Substitute principal
A substitute principal holding a valid teacher's credential of the
same grade as the school to be administered may be employed without meeting
the requirements of Section 44860 to meet an emergency for not more than
five months of any school year.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44860




Education Code
EC 44862

Persons under 18 not eligible to teach
No person is eligible to teach in any public school in the state, or to
receive a certificate to teach who has not attained the age of 18 years.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44863

Authorized subjects
No teacher holding a special certificate shall be employed to teach
any subject not authorized in the certificate.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44864

Valid certificate in county where school is located
Each teacher in a joint elementary district shall hold a valid
certificate in the county in which the schoolhouse is located.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44865

Valid Teaching Credential
A valid teaching credential issued by the State Board of Education or
the Commission for Teacher Preparation and Licensing, based on a
bachelor's degree, student teaching, and special fitness to perform, shall be
deemed qualifying for assignment as a teacher in the following assignments,
provided that the assignment of a teacher to a position for which
qualifications are prescribed by this section shall be made only with the consent of
the teacher:

(a) Home teacher.

(b) Classes organized primarily for adults.

(c) Hospital classes.

(d) Necessary small high schools.

(e) Continuation schools.

(f) Alternative schools.

(g) Opportunity schools.

(h) Juvenile court schools.

(i) County community schools.

(j) District community day schools.

(Amended by Stats. 1997, Ch. 825, Sec. 18.)




Education Code
EC 44866

Qualifications of home teacher of physically handicapped
The qualifications of a home instructor of physically handicapped
pupils shall be a valid teaching credential or a credential authorizing the
teaching of exceptional children in an area of specialized preparation issued
by the State Board of Education, or the Commission for Teacher
Preparation and Licensing.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44867

Teachers at opportunity schools
Except as provided in Section 44865, teachers in opportunity
schools, classes, or programs shall have the same qualifications and shall be
employed in the same manner as in other elementary and secondary schools of the
school district in which the opportunity schools, classes, or programs are
situated.

(Amended by Stats. 1980, Ch. 260, Sec. 2.)

Reference:
Education Code 44865




Education Code
EC 44868

Library media teacher
No person shall be employed as a library media teacher in any
elementary or secondary school, unless he or she holds a valid credential of
proper grade authorizing service as a library media teacher or a valid
teaching credential issued by the Commission on Teacher Credentialing if he or
she has completed the specialized area of librarianship.

(Amended by Stats. 1989, Ch. 1360, Sec. 26.)




Education Code
EC 44869

Library media teacher
Any library media teacher when employed full time as a library media
teacher or serving full time, partly as a library media teacher and partly as a
teacher, shall rank as a teacher.

(Amended by Stats. 1988, Ch. 180, Sec. 4.)




Education Code
EC 44870

Requirements for supervision
No one shall be employed to supervise the work of teachers for more than
half time during any school week unless he is the holder of a valid teacher's
certificate authorizing him to teach in the schools and classes in which he is to
supervise instruction and a valid supervision certificate.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44871

Supervision of health
The qualifications of supervisors of health shall be as provided in
Sections 44873 to 44878, inclusive.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44873-44878




Education Code
EC 44872

Health services credential
For the purposes of Sections 44873 to 44878, inclusive, "standard
designated services credential with a specialization in health" and "services
credential with a specialization in health" includes a community college health
services credential when the service is provided in grades 13 and 14.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44873-44878




Education Code
EC 44873

Qualifications for physician and surgeon
The qualifications for a physician and surgeon employed to serve on a
half-time or greater than half-time basis shall be a valid certificate to
practice medicine and surgery issued by the Medical Board of California or
Osteopathic Medical Board of California and either a services credential with a
specialization in health or a valid credential issued prior to November 23,1970. The
qualifications for a physician and surgeon employed for less than half time shall be a
valid certificate to practice medicine and surgery issued by the Medical
Board of California. Any school district may employ and compensate
physicians and surgeons meeting the foregoing qualifications for the
performance of medical services for that district an shall provide liability
insurance coverage for the period of his or her employment.

As used in this section "medical services" includes, but is not
limited to, any medical services required to be performed while required to be
in attendance at high school athletic contest or meet.

(Amended by Stats. 1991, Ch. 359, Sec. 32.)




Education Code
EC 44874

Qualifications for psychologist or social worker
The qualifications for a psychologist or social worker are a valid
certificate issued by the appropriate California agency authorized by law to
certify such persons and a services credential with a specialization in
health. Any school district may employ and compensate psychologists and
social workers meeting the foregoing qualifications.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44875

Qualifications for dentist
The qualifications for a dentist are a valid certificate issued by the
Board of Dental Examiners and a services credential with a specialization
in health or a valid credential issued prior to November 23, 1970. Any
school district may employ and compensate dentists meeting the foregoing
qualifications.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44876

Qualifications for dental hygienist
The qualifications for a dental hygienist shall be a valid
certificate issued by the Board of Dental Examiners of California and either a
health and development credential, a standard designated services
credential with a specialization in health, or a services credential with a
specialization in health.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44877

Qualifications for nurse
The qualifications for a nurse shall be a valid certificate of
registration issued by the Board of Nurse Examiners of the State of California or the
California Board of Nursing Education and Nurse Registration and a health and
development credential, a standard designated services credential with a
specialization in health, or a services credential with a specialization in health.

The services credential with a specialization in health authorizing
service as a school nurse shall not authorize teaching services unless the
holder also completes the requirements for a special class authorization in
health in a program that is approved by the commission.

On and after January 1, 1981, the qualifications for a nurse shall also
include proof satisfactory to the school district that the nurse has acquired
training in child abuse and neglect detection. This requirement may be
satisfied through participation by the nurse in continuing education
activities relating to child abuse and neglect detection and treatment.

(Amended by Stats. 1994, Ch. 172, Sec. 2.)




Education Code
EC 44878

Qualifications for optometrist
The qualifications for an optometrist are a valid certificate issued
by the State Board of Optometry and a services credential with a
specialization in health or a credential issued prior to November 23, 1970. Any school
district may employ and compensate optometrists meeting the foregoing
qualifications.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44879

Qualifications for audiometrist
The qualifications for an audiometrist working under the direction
of health services personnel pursuant to Section 49420 shall be a valid
certificate or license issued by, or valid registration with, the California
state agency authorized by law to issue the certificate or license, or to
effect the registration, required for performance of the service.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 49420




Education Code
EC 44885.5

Probationary employees
(a) Any school district shall classify as a probationary employee of
the district any person who is employed as a district intern pursuant to
Section 44830.3 and any person who has completed service in the district as a
district intern pursuant to subdivision (b) of Section 44325 and Section
44830.3 and is reelected for the next succeeding school year to a position
requiring certification qualifications.

The governing board may dismiss or suspend employees classified as
probationary employees pursuant to this subdivision in accordance with the
procedures specified in Section 44948 or 44948.3 as applicable.

(b) Every certificated employee, who has completed service as a
district intern pursuant to subdivision (b) of Section 44325 and pursuant to
Section 44830.3 and who is further reelected and employed during the
succeeding school year as described in subdivision (a) shall, upon reelection
for the next succeeding school year, to a position requiring
certification qualifications, be classified as and become a permanent employee of
the district.

The governing board shall notify the employee, on or before March 15 of
the employee's last complete consecutive school year of probationary
employment in a position requiring certification qualification as described in
this subdivision, of the decision to reelect or not reelect the employee
for the next succeeding school year to this type of a position. In the event
the governing board does not give notice pursuant to this section on or
before March 15, the employee shall be deemed reelected for the next
succeeding school year.

(Amended by Stats. 1987, Ch. 1468, Sec. 9.)

Reference:
Education Code 44325
Education Code 44830.3
Education Code 44948




Education Code
EC 44893

Employee advanced to administrative or supervisory position
retains permanent classification as teacher
 A permanent employee when advanced from a teaching position to an
administrative or supervisory position, or assigned any special or other type of
work, or given special classification or designation requiring
certification qualifications, shall retain his permanent classification as a
classroom teacher.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44894

Employees advanced retain permanent status in prior classification
(a) A permanent employee not qualified to render service as a
classroom teacher, when advanced to an administrative or supervisory
position, or assigned any special or other type of work, or given special
classification or designation requiring certification qualifications, shall
retain his permanent classification for the performance of the type of
service for which he was qualified prior to such advancement, assignment, or
special classification or designation.

(b) If an employee is authorized to render service in more than one type
of position for which certification qualifications are required,
either by virtue of his possession of one certification document
authorizing service in two or more of such positions, or by virtue of his possession
of separate certification documents authorizing service in two or more
such positions, or any combination thereof, he shall, upon satisfying all
other requirements prescribed by law, acquire permanent status as
follows:

(1) If he is authorized to render service as a classroom teacher, he
shall acquire permanent status as a classroom teacher.

(2) If he is not authorized to render service as a classroom teacher, he
shall acquire permanent status below the administrative or supervisory
level as a staff employee with multiple qualifications. His right to serve
in one or more of the positions for which he is qualified to serve shall be
subject to the power of assignment of the school district governing board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44895

Advanced employee retains permanent status in prior position
A permanent employee, as specified in Section 44894, when advanced to
an administrative or supervisory position requiring certification
qualifications, or assigned any special or other type of work requiring certification
qualifications, or given special classification or designation requiring
certification qualifications shall retain his permanent classification as
specified in Section 44894.

If such a person is advanced to an administrative or supervisory
position not requiring certification qualifications, is assigned any
special or other type of work not requiring certification qualifications, or
is given special classification or designation not requiring
certification qualifications, his right to retain permanent classification shall
be governed by the provisions of Article 3 (commencing with Section
44060) of Chapter 1 of this part.

(Amended by Stats. 1978, Ch. 909.)

Reference:
Education Code 44894




Education Code
EC 44896

Transfer of administrative or supervisory personnel to teaching
position
 Whenever a person employed in an administrative or supervisory
position requiring certification qualifications is transferred to a
teaching position, the governing board of the school district shall give such
employee, when requested by him, a written statement of the reasons for such
transfer. If the reasons include incompetency, an evaluation of the person
pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of this part
shall have been completed not more than 60 days prior to the giving of the
notice of the transfer.

(Amended by Stats. 1977, Ch. 973.)

Reference:
Education Code 44660




Education Code
EC 44897

Probationary employees
(a) A person employed in an administrative or supervisory position
requiring certification qualifications upon completing a probationary
period, including any time served as a classroom teacher, in the same
district, shall, in a district having an average daily attendance of 250 or more
pupils, be classified as and become a permanent employee as a classroom
teacher. In a district having an average daily attendance of less than 250
pupils, he or she may be so classified.

(b) Persons classified pursuant to this section are subject to the
limitations contained in Section 44956.5.

(Amended by Stats. 1987, Ch. 1452, Sec. 377.)

Reference:
Education Code 44956.5




Education Code
EC 44898

Administrative or supervisory personnel permanent status of
classroom teacher
 Notwithstanding the provisions of Section 44897 to the contrary, the
governing board of any school district shall, with respect to each person who is
employed in an administrative or supervisory position requiring
certification qualifications under a contract of employment providing a four-year
term of employment and who either has not been previously employed by the
district in such position or has been employed in such position but not under
such a four-year contract, determine prior to May 15 of the third year under
such four-year contract of employment whether to grant or deny the person
permanent classification as a classroom teacher. If it grants such
classification, the person shall be classified as and become a permanent employee as a
classroom teacher.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44897




Education Code
EC 44899

Administrative or supervisory personnel work for more than one
district
 A person employed in an administrative or supervisory position by
more than one district shall be given permanent classification in
whichever district he may select for the permanent classification. Other
permanent classification shall be given to such an employee in a district
situated wholly or partly within a city or city and county where the charter of
the city or city and county provides for other classification.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44901

Certificated personnel working for more than one district
(a) A certificated employee who has served in a position or positions
requiring certification qualifications in two or more districts, each having
an average daily attendance of 250 or more and governed by governing
boards of identical personnel, for a total of three complete consecutive
school years, upon being elected for the fourth consecutive school year to a
position or positions requiring certification qualifications in any of the
districts, shall at the commencement of the fourth consecutive school year be
classified as a permanent employee of the last district in which he or she was
employed prior to his or her election for the fourth consecutive school year.

Where there are two or more districts, each having an average daily
attendance of 250 or more and governed by governing boards of identical
personnel, a certificated employee who has served in one of the districts for
three complete consecutive school years, upon being elected for the fourth
consecutive school year to a position or positions requiring certification
qualifications in any of the districts, shall at the commencement of the fourth
consecutive school year be classified as and become a permanent employee of the
last district in which he or she was employed prior to his or her election for
the fourth consecutive school year.

This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.

(b) A certificated employee who has served in a position or positions
requiring certification qualifications in two or more districts, each having
an average daily attendance of 250 or more and governed by governing
boards of identical personnel, for a total of two complete consecutive
school years, upon being elected for the third consecutive school year to a
position or positions requiring certification qualifications in any of the
districts, shall at the commencement of the third consecutive school year be
classified as a permanent employee of the last district in which he or she was
employed prior to his or her election for the third consecutive school year.

Where there are two or more districts, each having an average daily
attendance of 250 or more and governed by governing boards of identical
personnel, a certificated employee who has served in one of the districts for two
complete consecutive school years, upon being elected for the third
consecutive school year to a position or positions requiring certification
qualifications in any of the districts, shall at the commencement of the third
consecutive school year be classified as and become a permanent employee of the
last district in which he or she was employed prior to his or her election for
the third consecutive school year.

The governing board shall notify the employee, on or before March 15 of
the employee's second complete consecutive school year of employment by
the districts in a position or positions requiring certification
qualifications, of the decision to reelect or not reelect the employee for the next
succeeding school year to such a position. In the event that the governing board
does not give notice pursuant to this section on or before March 15, the
employee shall be deemed reelected for the next succeeding school year.

This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any fiscal year
thereafter.

(Amended by Stats. 1983, Ch. 498, Sec. 49.)




Education Code
EC 44902.1

Employees in newly unified districts
In a district which becomes unified, effective for all purposes on
July 1, 1980, certificated employees employed for the school year
1980-81, who were employed for the school year 1979-80 by a union high school
district included in the territory within the newly organized unified school
district, may be placed on the salary schedule of the unified school district and
be given credit for all service as an employee of the union high school
district for years of experience as an employee of the union high school
district. Their date of first paid service as a probationary employee may be the
date established by the union high school district.

(Added by Stats. 1980, Ch. 326, Sec. 1.)




Education Code
EC 44902.2

Certificated employees newly unified districts
In a school district which becomes unified, effective for all
purposes, on July 1, 1980, certificated employees who are employed for the
school year 1979-80 by a union high school district included in part in the
territory within the newly organized unified school district shall be entitled
to be employed by the unified district for the school year 1980-81 only if
such employees were employed within the schools being acquired by the
unified district. However, the unified school district may, but is not
required to, employ additional employees of the union high school district to
the extent the unified school district agrees to employ such employees.

(Added by Stats. 1980, Ch. 326, Sec. 2.)




Education Code
EC 44903

Consolidated districts; probationary employees
On the unionization, unification, uniting, or consolidation of one
or more school districts in which the average daily attendance for the
preceding school year was less than 250 pupils, with a district or districts in
which the average daily attendance was or, as a result of the unionization,
uniting, consolidation, or unification, becomes 250 or more pupils, the
regular three-year probationary period required of certificated employees
for permanent status by Section 44882 shall be deemed to have commenced at
the beginning of the employee's first complete year of consecutive
employment by the school district having an average daily attendance of less than
250 pupils. Every certificated employee who has been employed for three
or more complete consecutive school years by a district having an
average daily attendance of less than 250 pupils shall, immediately upon his
employment in a certificated position following such unionization,
unification, uniting, or consolidation, be a permanent employee. The amendments
to this section enacted by the Legislature at the 1977-78 Regular
Session shall apply only to the unionization, unification, uniting, or
consolidation of school districts which becomes effective for all purposes on or
after January 1, 1979.

(Amended by Stats. 1978, Ch. 1171.)

Reference:
Education Code 44882




Education Code
EC 44903.7

Development or revision of local plan; provisions for employees
When a local plan for the education of individuals with exceptional
needs is developed or revised pursuant to Chapter 2.5 (commencing with
Section 56195) of Part 30, the following provisions shall apply:

(a) Whenever any certificated employee, who is performing service
for one employer, is terminated, reassigned, or transferred, or becomes
an employee of another employer because of the reorganization of
special education programs pursuant to Chapter 797 of the Statutes of 1980,
the employee shall be entitled to the following:

(1) The employee shall retain the seniority date of his or her
employment with the district or county office from which he or she was terminated,
reassigned, or transferred, in accordance with Section 44847.  In the case of
termination, permanent employees shall retain the rights specified in Section
44956 or, in the case of probationary employees, Sections 44957 and 44958,
with the district or county office initiating the termination pursuant to
Section 44955.

(2) The reassignment, transfer, or new employment caused by the
reorganization of special education programs pursuant to Chapter 797 of the Statutes
of 1980,  shall not affect the seniority or classification of
certificated employees already attained in any school district that undergoes the
reorganization.  These employees shall have the same status with respect to their
seniority or classification, with the new employer, including time served as
probationary employees.  The total number of years served as a certificated
employee with the former district or county office shall be credited, year for
year, for placement on the salary schedule of the new district or county
office.

(b) All certificated employees providing service to individuals
with exceptional needs shall be employed by a county office of education or
an individual school district.  Special education local plan areas or
responsible local agencies resulting from local plans for the education of
individuals with exceptional needs formulated in accordance with Part 30
(commencing with Section 56000) shall not be considered employers of
certificated personnel for purposes of this section.

(c) Subsequent to the reassignment or transfer of any certificated
employee as a result of the reorganization of special education programs,
pursuant to Chapter 797 of the Statutes of 1980, that employee shall have
priority, except as provided in subdivision (d), in being informed of and in
filling certificated positions in special education in the areas in which the
employee is certificated within the district or county office by which the
certificated employee is then currently employed.  This priority shall expire 24
months after the date of reassignment or transfer, and may be waived by the
employee during that time period.

(d) A certificated employee who has served as a special education
teacher in a district or county office and has been terminated from his or her
employment by that district or county office pursuant to Section 44955, shall
have first priority in being informed of and in filling vacant
certificated positions in special education, for which the employee is
certificated and was employed, in any other county office or school district that
provides the same type of special education programs and services for the
pupils previously served by the terminated employee.  For a period of 39
months for permanent employees and 24 months for probationary employees
from the date of termination, the employee shall have the  first priority
right to reappointment as provided in this section, if the employee has not
attained the age of 65 years before reappointment.

(Amended by Stats. 1997, Ch. 854, Sec. 4.)

Reference:
Education Code 44847
Education Code 44955
Education Code 44956
Education Code 44957
Education Code 44958
Education Code 56000
Education Code 56195




Education Code
EC 44907

Retirement
The retirement of any employee of a school district under the
provisions of any retirement law, except for employees retiring for disability
under the Teachers' Retirement Law, shall automatically effect the
dismissal of the employee from the employ of the district at the end of the current
school year.

(Amended by Stats. 1992, Ch. 1165, Sec. 8.)




Education Code
EC 44908

Probationary employees
A probationary employee who, in any one school year, has served for at
least 75 percent of the number of days the regular schools of the district in
which he is employed are maintained shall be deemed to have served a complete
school year. In case of evening schools, 75 percent of the number of days the
evening schools of the district are in session shall be deemed a complete
school year.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44909

Employment categorically funded projects
The governing board of any school district may employ persons
possessing an appropriate credential as certificated employees in programs and
projects to perform services conducted under contract with public or private
agencies, or categorically funded projects which are not required by federal or
state statutes. The terms and conditions under which such persons are
employed shall be mutually agreed upon by the employee and the governing board
and such agreement shall be reduced to writing. Service pursuant to this
section shall not be included in computing the service required as a
prerequisite to attainment of, or eligibility to, classification as a permanent
employee unless (1) such person has served pursuant to this section for at least
75 percent of the number of days the regular schools of the district by
which he is employed are maintained and (2) such person is subsequently
employed as a probationary employee in a position requiring certification
qualifications. Such persons may be employed for periods which are less than a full
school year and may be terminated at the expiration of the contract or
specially funded project without regard to other requirements of this code
respecting the termination of probationary or permanent employees other than
Section 44918.

Whenever any certificated employee in the regular educational
program is assigned to a categorically funded project not required by federal
or state statute and the district employs an additional credentialed
person to replace that certificated employee, the replacement
certificated employee shall be subject to the provisions of Section 44918.

This section shall not be construed to apply to any regularly
credentialed employee who has been employed in the regular educational programs of
the school district as a probationary employee before being
subsequently assigned to any one of these programs.

(Amended by Stats. 1982, Ch. 1003, Sec. 1.)

Reference:
Education Code 44918




Education Code
EC 44910

Service at regional occupational centers
Service by a person as an instructor in classes conducted at regional
occupational centers or programs, as authorized pursuant to Section 52301, shall
not be included in computing the service required as a prerequisite to
attainment of, or eligibility to, classification as a permanent employee of a
school district.

This section shall not be construed to apply to any regularly
credentialed teacher who has been employed to teach in the regular educational
programs of the school district and subsequently assigned as an instructor in
regional occupational centers or programs, nor shall it affect the status of
regional occupational center teachers classified as permanent or
probationary at the time this section becomes effective.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 52301




Education Code
EC 44911

Service under provisional credential
Service by a person under a provisional credential shall not be
included in computing the service required as a prerequisite to attainment of,
or eligibility to, classification as a permanent employee of a school
district.

This section shall not be applicable to teachers granted a one-year
emergency credential under the conditions specified in subdivision (b) of
Section 44252 and subdivision (h) of Section 44830.

(Amended by Stats. 1982, Ch. 1388, Sec. 6.)

Reference:
Education Code 44252
Education Code 44830




Education Code
EC 44912

Service under credential authorizing teaching of military drill
Service under a credential authorizing service only as a teacher of
basic military drill in high school cadet companies established under
Chapter 1 of Part 2 of Division 2 of the Military and Veterans Code shall not be
included in computing the service required as a prerequisite to attainment of,
or eligibility to, classification as a permanent employee of a school
district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44913

Permanent classification
Nothing in Sections 44882 to 44887, inclusive, Sections 44890,
44891, Sections 44893 to 44906, inclusive, and Sections 44908 to 44919,
inclusive, shall be construed as permitting a certificated employee to acquire
permanent classification with respect to employment in a summer school
maintained by a school district, and service in connection with any such
employment shall not be included in computing the service required as a
prerequisite to attainment of, or eligibility to, classification as a permanent
employee of the district. The provisions of this section do not constitute a
change in, but are declaratory of, the preexisting law.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44882-44887
Education Code 44890
Education Code 44891
Education Code 44893-44906
Education Code 44908-44919




Education Code
EC 44914

Probationary employee serving as substitute
If an employee of a school district has served as a probationary
employee of the district in a position requiring certification
qualifications, for one complete school year, and in the year immediately preceding
the service as probationary employee has served as a substitute
employee, or as a substitute and probationary employee, serving in both
capacities during the same school year in the schools of the district, at least 75
percent of the number of days the regular schools of the district were
maintained, the governing board of the district may count the year of employment as
a substitute or as a substitute and probationary employee as one year of
the probationary period which he is required by law to serve as a condition
to being classified as a permanent employee of the district.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44915

Probationary employees
Governing boards of school districts shall classify as probationary
employees, those persons employed in positions requiring certification
qualifications for the school year, who have not been classified as permanent
employees or as substitute employees.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44916

Classification
The classification shall be made at the time of employment and
thereafter in the month of July of each school year. At the time of initial
employment during each academic year, each new certificated employee of the
school district shall receive a written statement indicating his
employment status and the salary that he is to be paid. If a school district hires a
certificated person as a temporary employee, the written statement shall clearly
indicate the temporary nature of the employment and the length of time for which
the person is being employed. If a written statement does not indicate the
temporary nature of the employment, the certificated employee shall be deemed
to be a probationary employee of the school district, unless employed
with permanent status.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44917

Substitute employees
Except as provided in Sections 44888 and 44920, governing boards of
school districts shall classify as substitute employees those persons
employed in positions requiring certification qualifications, to fill
positions of regularly employed persons absent from service.

After September 1 of any school year, the governing board of any school
district may employ, for the remainder of the school year, in substitute status
any otherwise qualified person who consents to be so employed in a
position for which no regular employee is available, including persons
retired for service under the State Teachers' Retirement System. Inability
to acquire the services of a qualified regular employee shall be
demonstrated to the satisfaction of the Commission for Teacher Preparation and
Licensing.

Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a position
requiring certification qualifications, be classified by the governing board
as a probationary employee and the previous year's employment as a
temporary employee shall be deemed one year's employment as a probationary
employee for purposes of acquiring permanent status.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44888
Education Code 44920




Education Code
EC 44918

Service of substitute or temporary employee for 75% or more of school
year
 (a) Any employee classified as a substitute or temporary employee,
who serves during one school year for at least 75 percent of the number of
days the regular schools of the district were maintained in that school
year and has performed the duties normally required of a certificated
employee of the school district, shall be deemed to have served a complete
school year as a probationary employee if employed as a probationary
employee for the following school year.

(b) Any such employee shall be reemployed for the following school
year to fill any vacant positions in the school district unless the
employee has been released pursuant to subdivision (b) of Section 44954.

(c) If an employee was released pursuant to subdivision (b) of Section
44954 and has nevertheless been retained as a temporary or substitute
employee by the district for two consecutive years and that employee has served
for at least 75 percent of the number of days the regular schools of the
district were maintained in each school year and has performed the duties
normally required of a certificated employee of the school district, that
employee shall receive first priority if the district fills a vacant position,
at the grade level at which the employee served during either of the two
years, for the subsequent school year. In the case of a departmentalized
program, the employee shall have taught in the subject matter in which the
vacant position occurs.

(d) Those employees classified as substitutes, and who are employed
to serve in an on-call status to replace absent regular employees on a
day-to-day basis shall not be entitled to the benefits of this section.

(e) Permanent and probationary employees subjected to a reduction in
force pursuant to Section 44955 shall, during the period of preferred right
to reappointment, have prior rights to any vacant position in which they
are qualified to serve superior to those rights hereunder afforded to
temporary and substitute personnel who have become probationary employees
pursuant to this section.

(f) This section shall not apply to any school district in which the
average daily attendance is in excess of 400,000.

(Amended by Stats. 1992, Ch. 336, Sec. 1.)

Reference:
Education Code 44954
Education Code 44955




Education Code
EC 44919

Temporary employees
(a) Governing boards of school districts shall classify as temporary
employees those persons requiring certification qualifications, other than
substitute employees, who are employed to serve from day to day during the first
three school months of any school term to teach temporary classes not to
exist after the first three school months of any school term or to perform any
other duties which do not last longer than the first three school months of
any school term, or to teach in special day and evening classes for adults
or in schools of migratory population for not more than four school
months of any school term. If the classes or duties continue beyond the first
three school months of any school term or four school months for special day
and evening classes for adults, or schools for migratory population, the
certificated employee, unless a permanent employee shall be classified as a
probationary employee. The school year may be divided into not more than two school
terms for the purposes of this section.

(b) Governing boards shall classify as temporary employees persons,
other than substitute employees, who are employed to serve in a limited
assignment supervising athletic activities of pupils; provided, such
assignment shall first be made available to teachers presently employed by the
district. Service pursuant to this subdivision shall not be included in
computing the service required as a prerequisite to attainment of, or
eligibility to, classification as a permanent employee of a school district.

(c) In any district, the governing board may, to prevent the stoppage
of school district business when an actual emergency arises and persons
are not immediately available for probationary classification, make an
appointment to a position on a temporary basis for a period not to exceed 20 working
days. The person so appointed shall be deemed to be a temporary employee who
is employed to serve from day to day. Service by a person in such an
appointment on a temporary basis shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a permanent employee of a school district.

(Amended by Stats. 1977, Ch. 565.)




Education Code
EC 44920

Temporary employees
Notwithstanding the provisions of Sections 44917 and 44919, the
governing board of a school district may employ as a teacher, for a complete
school year, but not less than one semester during a school year unless the
date of rendering first paid service begins during the second semester and
prior to March 15th, any person holding appropriate certification
documents, and may classify such person as a temporary employee. The employment
of such persons shall be based upon the need for additional certificated
employees during a particular semester or year because a certificated employee
has been granted leave for a semester or year, or is experiencing
long-term illness, and shall be limited, in number of persons so employed, to
that need, as determined by the governing board.

Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a vacant
position requiring certification qualifications, be classified by the
governing board as a probationary employee and the previous year's employment
as a temporary employee shall be deemed one year's employment as a
probationary employee for purposes of acquiring permanent status.

For purposes of this section "vacant position" means a position in
which the employee is qualified to serve and which is not filled by a
permanent or probationary employee. It shall not include a position which would
be filled by a permanent or probationary employee except for the fact
that such employee is on leave.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44917
Education Code 44919




Education Code
EC 44921

Temporary employees
Notwithstanding the provisions of Section 44919, the governing
board of a unified or high school district may employ persons requiring
certification qualifications for the first semester only, and classify such
persons as temporary employees, whenever the district expects a reduction in
student enrollment during the second semester due to students completing
graduation requirements at midyear. The number of persons so employed shall be
limited to requirements based on the anticipated reduced enrollment as
determined by the governing board. Persons so employed who are continued in
employment beyond the first semester shall be deemed probationary employees for
the entire school year.

Any such employee shall be reemployed for the following semester or
school year to fill any vacant positions in the school district for which the
employee is certified. Preference for available positions shall be
determined by the governing board using the method prescribed in Sections 44845
and 44846.

For purposes of this section "vacant position" means a position in
which the employee is qualified to serve and which is not filled by a
permanent or probationary employee. It shall not include a position which would
be filled by a permanent or probationary employee except for the fact
that such employee is on leave.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44919
Education Code 44845
Education Code 44846




Education Code
EC 44922

Reduction in workload
Notwithstanding any other provision, the governing board of a school
district or a county superintendent of schools may establish regulations
which allow their certificated employees to reduce their workload from
full-time to part-time duties. The regulations shall include, but shall not be
limited to, the following, if the employees wish to reduce their workload and
maintain retirement benefits pursuant to Section 22724 of this code or Section
20815 of the Government Code:

(a) The employee shall have reached the age of 55 prior to reduction in
workload.

(b) The employee shall have been employed full time in a position
requiring certification for at least 10 years of which the immediately
preceding five years were full-time employment.

(c) During the period immediately preceding a request for a reduction
in workload, the employee shall have been employed full time in a
position requiring certification for a total of at least five years without a
break in service. For purposes of this subdivision, sabbaticals and other
approved leaves of absence shall not constitute a break in service.

(d) The option of part-time employment shall be exercised at the
request of the employee and can be revoked only with the mutual consent of the
employer and the employee.

(e) The employee shall be paid a salary which is the pro rata share of the
salary he or she would be earning had he or she not elected to exercise the
option of part-time employment but shall retain all other rights and
benefits for which he or she makes the payments that would be required if he or she
remained in full-time employment. The employee shall receive health benefits
as provided in Section 53201 of the Government Code in the same manner as a
full-time employee.

(f) The minimum part-time employment shall be the equivalent of
one-half of the number of days of service required by the employee's contract of
employment during his or her final year of service in a full-time position.

(g) This option is limited in prekindergarten through grade 12 to
certificated employees who do not hold positions with salaries above that of a
school principal.

(h) The period of this part-time employment shall include a period of
time, as specified in the regulations, which shall be up to and include five
years for employees subject to Section 20815 of the Government Code or 10
years for employees subject to Section 22724 of this code.

(i) The period of part-time employment of employees subject to
Section 20815 of the Government Code shall not extend beyond the end of the
school year during which the employee reaches his or her 70th birthday. This
subdivision shall not apply to any employee subject to Section 22724 of this code.

(Amended by Stats 2000, Ch. 1025, Sec. 39)

Reference:
Education Code 22724
Government Code 20815
Government Code 53201

Education Code
EC 44923

Additional assignment
In the event a permanent employee of a school district has tenure as a
full-time employee of the district, any assignment or employment of such
employee in addition to his full-time assignment may be terminated by the
governing board of the district at any time.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44924

Waivers of this chapter are void
Except as provided in Sections 44937 and 44956, any contract or
agreement, express or implied, made by any employee to waive the benefits of this
chapter or any part thereof is null and void.

Notwithstanding provisions of this or any other section of this code,
governing boards of school districts may employ persons in positions requiring
certification qualifications on less than a full-time basis.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44937
Education Code 44956




Education Code
EC 44925

Independent contractor; limited-term reader assistant
The governing board of any school district may employ or engage as an
independent contractor a qualified person to serve as limited-term or part-time
reader assistant in connection with instruction in composition and
writing, and in mathematics, to teachers. Any person employed as a reader shall
not be deemed to be employed in a position requiring certification
qualifications, and, unless otherwise determined by the governing board, shall not be
subject to the provisions of Chapter 5 (commencing with Section 45100) of this
part. The governing board may pay such hourly or unit compensation rates as
it deems proper for the services rendered. It is the intent of the
Legislature in enacting this section not to authorize an increase in the number of
pupils who may be assigned to any class, but to provide an opportunity for
improvement in the quality of student writing and mathematics abilities through
more frequent assignments of compositions and more work in mathematics
made possible by the employment of suitably trained persons to assist the
instructor in the careful marking and analysis of the pupils' work. Furthermore,
the means adopted for employing persons as reader assistants is not
intended as an encroachment upon the merit system of public employment, but is
adopted as the most practical arrangement since most work of such nature will
be done as part-time work and in the home.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 45100




Education Code
EC 44926

Teacher-assistants
The governing board of any school district may employ any qualified
person who possesses a temporary certificate to serve as a
teacher-assistant in a program conducted in cooperation with a California teacher
training institution. No person shall be so employed unless he is enrolled as a
student in a cooperating California teacher training institution at the time
the service is rendered. Service by a person under a teacher-assistant
certificate shall not be included in computing the service required as a
prerequisite to the attainment of, or eligibility to, classification as a
permanent employee of a school district. The governing board may make such
payments as it deems proper for the services rendered.

Any person employed under this section shall not be subject to the
provisions of Chapter 1 (commencing with Section 22000) to Chapter 27
(commencing with Section 24600), inclusive, of Part 13 of Division 1 of Title 1.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 22000
Education Code 24600




Education Code
EC 44927

Certificated employee contracted assignment at teacher-training
institution
 The governing board of any school district, a county board of
education, or the Department of Education may execute a contract with any
California teacher-training institution whereby certificated personnel of
the school district, county, or the Department of Education may be
assigned to the teacher-training institution for full-time or part-time duty
for a period not to exceed one year.

Any teacher-training institution in California may execute a
contract with the governing board of any school district, a county board of
education, or the Board of Education whereby certificated personnel of the
institution may be assigned to school districts, county boards of education, or
the Department of Education for full-time or part-time duty for a period
not to exceed one year.

Any such contract shall provide for the payment, by the entity to which
a person is assigned to the employer, of a sum equivalent to the salary
and other employment costs of any such employee. In place of such payment,
the contract may provide for the exchange of certificated personnel
between the district, county, or Department of Education and the
teacher-training institution. Any such employee shall retain his status as an employee
of the school district, county, Department of Education, or
teacher-training institution from which he is assigned in all respects during the
period of such assignment.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44928

Percent of employee with emergency credentials
No school in any school district having an average daily attendance in
excess of 400,000 shall have at any time a certificated teaching staff,
excluding substitutes employed pursuant to Section 45030, of whom more than 5
percent have only an emergency credential.

This section does not apply to emergency credentials for bilingual
education or for education of the learning handicapped, severely handicapped,
physically handicapped, or to any other emergency credential established for
the purposes of special education.

(Added by Stats. 1979, Ch. 830.)

Reference:
Education Code 45030




Education Code
EC 44929

Early retirement
(a) Whenever the governing board of a school district or a county
office of education, by formal action taken prior to January 1, 1999,
determines that because of impending curtailment of or changes in the manner of
performing services, the best interests of the district or county office of
education would be served by encouraging the retirement of certificated
employees and that the retirement will either:  result in a net savings to the
district or county office of education; result in a reduction of the number of
certificated employees as a result of declining enrollment; or result in the
retention of certificated employees who are credentialed to teach in teacher
shortage disciplines, including, but not limited to, mathematics and
science, an additional two years of service shall be credited under the State
Teachers' Retirement Defined Benefit Program to a certificated employee
pursuant to Section 22714 if all of the following conditions exist:

(1) The employee is credited with five or more years of service under
the State Teachers' Retirement Defined Benefit Program and retires
during a period of not more than 120 days or less than 60 days, commencing no
sooner than the effective date of the formal action of the district or county
superintendent of schools that shall specify the period.

(2) The district or county office of education transmits to the
retirement fund an amount determined by the Teachers' Retirement Board that
equals the actuarial equivalent of the difference between the allowance the
member receives after the receipt of service credit under this section and
Section 22714 and the amount the member would have received without the
service credit and an amount determined by the Teachers' Retirement Board
that equals the actuarial equivalent of the difference between the
purchasing power protection supplemental payment the member receives after
receipt of additional service credit pursuant to this section and the amount
the member would have received without the additional service credit.
The payment for purchasing power shall be deposited in the Supplemental
Benefit Maintenance Account established by Section 22400 and shall be
subject to Sections 24414 and 24415.  The transfer to the retirement fund shall
be made in a manner, and time period that shall not exceed four years, that
is acceptable to the Teachers' Retirement Board.  The school district or
county office of education shall make the payment with respect to all
eligible employees who retired pursuant to this section and Section 22714.

(3) The district or county office of education transmits to the
retirement fund the administrative costs incurred by the State Teachers'
Retirement System in implementing this section, as determined by the Teachers'
Retirement Board.

(4) The governing board of the school district or the county office of
education has considered the availability of teachers to fill the positions
that would be vacated pursuant to this section.

(b) (1) The school district shall demonstrate and certify to the
county superintendent that the formal action taken would result in either:
(A) a net savings to the district; (B) a reduction of the number of
certificated employees as a result of declining enrollment, as computed pursuant
to Section 42238.5; or (C) the retention of certificated employees who
are credentialed to teach in teacher shortage disciplines.

(2) The county superintendent shall certify to the Teachers'
Retirement Board that a result specified in paragraph (1) can be demonstrated.
The certification shall include, but not be limited to, the information
specified in subdivision (b) of Section 14502.  A district that qualifies under
clause (B) of paragraph (1) shall also certify that it qualifies as a
declining enrollment district as computed pursuant to Section 42238.5.

(3) The school district shall reimburse the county superintendent
for all the costs of the county superintendent that result from the
certification.

(c) (1) The county office of education shall demonstrate and certify
to the Superintendent of Public Instruction that the formal action
taken would result in either:  (A) a net savings to the county office

 of education; (B) a reduction of the number of certificated employees
as a result of declining enrollment; or (C) the retention of
certificated employees who are credentialed to teach in teacher shortage
disciplines.

(2) The Superintendent of Public Instruction shall certify to the
Teachers' Retirement Board that a result specified in paragraph (1) can be
demonstrated.  The certification shall include, but not be limited to, the
information specified in subdivision (b) of Section 14502.

(3) The Superintendent of Public Instruction may request
reimbursement from the county office of education for all administrative costs that
result from the certification.

(d) The service credit made available pursuant to this section shall
be available to all members employed by the school district or county
office of education who meet the conditions set forth in this section.

(e) The amount of service credit shall be two years.

(f) Any employee who retires with service credit granted under this
section and Section 22714 and who subsequently reinstates, shall forfeit the
service credit granted under this section and Section 22714.

(g) This section shall not be applicable to any employee otherwise
eligible if the employee receives any unemployment insurance payments
arising out of employment with an employer subject to Part 13 (commencing with
Section 22000) during a period extending one year beyond the effective date of
the formal action, or if the employee is not otherwise eligible to retire
for service under the State Teachers' Retirement  Defined Benefit
Program.

(Amended by Stats. 1998, Ch. 965, Sec. 320.)

Reference:
Education Code14502
Education Code 22000
Education Code 22400
Education Code 22714
Education Code 24414
Education Code 24415
Education Code 42238.5



Education Code
EC 44929.20

Article 2.7. Permanent Status
Every certificated employee of a school district of any type or class
having an average daily attendance of less than 250, and every certificated
employee of any school district in a position requiring a supervision or
administration credential, may be offered a continuing contract to cover a period
longer than one year but not to exceed four years.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44929.21

Permanent status
(a) Every employee of a school district of any type or class having an
average daily attendance of 250 or more who, after having been employed by the
district for three complete consecutive school years in a position or
positions requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification qualifications
shall, at the commencement of the succeeding school year be classified as and
become a permanent employee of the district.

This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.

(b) Every employee of a school district of any type or class having an
average daily attendance of 250 or more who, after having been employed by the
district for two complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications shall, at
the commencement of the succeeding school year be classified as and
become a permanent employee of the district.

The governing board shall notify the employee, on or before March 15 of
the employee's second complete consecutive school year of employment by
the district in a position or positions requiring certification
qualifications, of the decision to reelect or not reelect the employee for the next
succeeding school year to the position. In the event that the governing board does
not give notice pursuant to this section on or before March 15, the
employee shall be deemed reelected for the next succeeding school year.

This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any fiscal year
thereafter.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44929.22

Permanent status after two years
At the discretion of the governing board of a district with 60,000
average daily attendance or more every employee of the district who, after
having been employed by the district for two consecutive school years in a
position or positions requiring certification qualifications, is reelected
for the next succeeding school year to a position requiring
certification qualifications may, at the commencement of the succeeding school
year, be classified as and become a permanent employee of the district. If
the board is the governing board of more than one district, it may exercise
the discretionary power given it by this section in each district under
its jurisdiction, whether or not each of the districts has 60,000 average
daily attendance.

This section shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44929.23

Probationary employees in districts under 250 ADA
(a) The governing board of a school district of any type or class having
an average daily attendance of less than 250 pupils may classify as a
permanent employee of the district any employee, who, after having been
employed by the school district for three complete consecutive school years in
a position or positions requiring certification qualifications, is
reelected for the next succeeding school year to a position requiring
certification qualifications. If that classification is not made, the employee
shall not attain permanent status and may be reelected from year to year
thereafter without becoming a permanent employee until a change in
classification is made.

(b) Notwithstanding subdivision (a), Section 44929.21 shall apply
to certificated employees employed by a school district, if the
governing board elects to dismiss probationary employees pursuant to Section
44948.2. If that election is made by the governing board of the school district
thereafter shall classify as a permanent employee of the district any
probationary employee, who, after being employed for two complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a position
requiring certification qualifications as required by Section 44929.21. Any
probationary employee who has been employed by the district for two or more
consecutive years on the date of that election in a position or positions requiring
certification qualifications shall be classified as a permanent employee of the
district.

(c) If the classification is not made pursuant to subdivision (a) or
(b) the employee shall not attain permanent status and may be reelected
from year to year thereafter without becoming a permanent employee until
the classification is made.

(Amended by Stats. 1992, Ch. 236, Sec. 1.)

Reference:
Education Code 44929.21
Education Code 44948.2




Education Code
EC 44929.25

Teacher of classes for adults
When a teacher of classes for adults serves sufficient probationary
time as provided in Sections 44929.20 to 44929.23, inclusive, and Section
44908 to be eligible for election to permanent classification in that
district, his or her tenure shall be for the service equivalent to the average
number of hours per week that he or she has served during his or her
probationary years. In no case shall the employee be classified as permanent for
more than one full-time assignment. The service for which the person has
acquired tenure may be reduced in conformity with Sections 44955 and 44956.

Notwithstanding any other provision to the contrary, in a district
that has, or in a district that is one of two or more districts governed by
governing boards of identical personnel that have a combined average daily
attendance of 400,000 or more, as shown by the annual report of the county
superintendent of schools for the preceding fiscal year, no person who is assigned 10
hours or less a week in adult classes in the district shall be eligible for
election to permanent classification in the district on account of the
assignment in adult classes.

Notwithstanding any other provision to the contrary, any person who
is employed to teach adults for not more than 60 percent of the hours per
week considered a full-time assignment for permanent employees having
comparable duties shall be classified as a temporary employee, and shall not
become a probationary employee under the provisions of Section 44954.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)

Reference:
Education Code 44929.20
Education Code 44929.23
Education Code 44954
Education Code 44955
Education Code 44956





Education Code
EC 44929.26

Service in adult school
Nothing in Sections 44929.20 to 44929.23, inclusive, shall be
construed to give permanent classification to a person in the adult school who is
already classified as a permanent employee in the day school. In case a teacher
obtains permanent classification in the evening school and later is eligible
for the same classification in the day school by reason of having served
the probationary period therein, he or she shall be given his or her choice
as to which he or she shall take.

Notwithstanding any other provision to the contrary, service in the
evening school shall not be included in computing the service required as a
prerequisite to attainment of, or eligibility to, classification as a permanent
employee in the day school, except service in the evening school rendered by a
person rendering services in the day school who is directed or specifically
requested by the school district to render services in the evening school either
in addition to, or instead of, rendering service in the day school.
Service in the day school shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a permanent employee in the evening school, except service in the
day school rendered by a person rendering services in the evening school
who is directed or specifically requested by the school district to
render service in the day school either in addition to, or instead of,
rendering service in the evening school.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)

Reference:
Education Code 44929.20
Education Code 44929.23




Education Code
EC 44929.27

No permanent status for more than one position
No employee of a school district or districts, in which the average
daily attendance of all the districts combined is in excess of 200,000,
governed by the same governing board shall hereafter acquire permanent
certificated tenure or permanent noncertificated status, or a combination of
tenure and status, for more than one full-time position. Any employee who
hereafter acquires any combination of permanent certificated tenure or
permanent noncertificated status or both which exceeds that for one full-time
position shall have a choice which tenure or status to retain so long as that
retained does not exceed one full-time position.

It is the intent of this section that an employee holding permanent
certificated tenure or permanent noncertificated status for a full-time position
may not have permanent tenure or status protection for any additional
time in either a certificated or a noncertificated position under any such
school district governed by the same governing board.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44929.28

Permanency from prior district
The governing board of a school district that employs in a position
requiring certification qualifications any person who has become a permanent
certificated employee in any school district may employ that person as a permanent
certificated employee.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44929.29

Classifications on September 13, 1941
Nothing in this article shall be construed as affecting the
classification of any employee as it existed on September 13, 1941.

(Added by Stats. 1987, Ch. 1452, Sec. 380.)




Education Code
EC 44930

Article 3. Resignations, Dismissals, and Leaves of Absence
(a) Governing boards of school districts shall accept the
resignation of any employee and shall fix the time when the resignation takes
effect, which, except as provided by subdivision (b), shall not be later than
the close of the school year during which the resignation has been
received by the board.

(b) Notwithstanding any other provision of law, an employee and the
governing board of a school district may agree that a resignation will be
accepted at a mutually agreed upon date not later than two years beyond the close
of the school year during which the resignation is received by the
board.

(Amended by Stats. 1999, Ch. 80, Sec. 1.)




Education Code
EC 44931

Reemployment after resignation
Whenever any certificated employee of any school district who, at the
time of his or her resignation, was classified as permanent, is reemployed
within 39 months after his or her last day of paid service, the governing board
of the district shall, disregarding the break in service, classify him
or her as, and restore to him or her all of the rights, benefits and burdens
of, a permanent employee, except as otherwise provided in this code.
However, time spent in active military service, as defined in Section 44800,
subsequent to the last day of paid service shall not count as part of the aforesaid
39-month period.

(Amended by Stats. 1994, Ch. 922, Sec. 94.)

Reference:
Education Code 44800




Education Code
EC 44932

Permanent employee causes for dismissal
(a) No permanent employee shall be dismissed except for one or more of
the following causes:

(1) Immoral or unprofessional conduct.

(2) Commission, aiding, or advocating the commission of acts of
criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or
in any amendment thereof.

(3) Dishonesty.

(4) Unsatisfactory performance.

(5) Evident unfitness for service.

(6) Physical or mental condition unfitting him or her to instruct or
associate with children.

(7) Persistent violation of or refusal to obey the school laws of the
state or reasonable regulations prescribed for the government of the
public schools by the State Board of Education or by the governing board of the
school district employing him or her.

(8) Conviction of a felony or of any crime involving moral turpitude.

(9) Violation of Section 51530 or conduct specified in Section 1028 of
the Government Code, added by Chapter 1418 of the Statutes of 1947.

(10) Knowing membership by the employee in the Communist Party.

(11) Alcoholism or other drug abuse which makes the employee unfit to
instruct or associate with children.

(b) The governing board of a school district may suspend without pay
for a specific period of time on grounds of unprofessional conduct a
permanent certificated employee or, in a school district with an average daily
attendance of less than 250 pupils, a probationary employee, pursuant to the
procedures specified in Sections 44933, 44934, 44935, 44936, 44937, 44943, and
44944. This authorization shall not apply to any school district which has
adopted a collective bargaining agreement pursuant to subdivision (b) of
Section 3543.2 of the Government Code.

(Amended by Stats. 1995, Ch. 392, Sec. 2.)

Reference:
Education Code 44933
Education Code 44934
Education Code 44935
Education Code 44936
Education Code 44937
Education Code 44943
Education Code 44944
Education Code 51530
Government Code 1028
Government Code 3543.2




Education Code
EC 44933

Dismissal or suspension for unprofessional conduct
A permanent employee may be dismissed or suspended on grounds of
unprofessional conduct consisting of acts or omissions other than those specified in
Section 44932, but any such charge shall specify instances of behavior deemed
to constitute unprofessional conduct. This section shall also apply to
the suspension of probationary employees in a school district with an
average daily attendance of less than 250 pupils.

(Amended by Stats. 1983, Ch. 498, Sec. 52.)

Reference:
Education Code 44932




Education Code
EC 44934

Written charges; notice to employees
Upon the filing of written charges, duly signed and verified by the
person filing them, with the governing board of the school district, or upon a
written statement of charges formulated by the governing board, charging
that there exists cause, as specified in Section 44932 or 44933, for the
dismissal or suspension of a permanent employee of the district, the governing
board may, upon majority vote, except as provided in this article if it deems
the action necessary, give notice to the permanent employee of its
intention to dismiss or suspend him or her at the expiration of 30 days from the
date of service of the notice, unless the employee demands a hearing as
provided in this article. Suspension proceedings may be initiated pursuant to
this section only if the governing board has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the
Government Code.

Any written statement of charges of unprofessional conduct or
unsatisfactory performance shall specify instances of behavior and the acts or
omissions constituting the charge so that the teacher will be able to prepare his
or her defense. It shall, where applicable, state the statutes and rules
which the teacher is alleged to have violated, but it shall also set forth the
facts relevant to each occasion of alleged unprofessional conduct or
unsatisfactory performance.

This section shall also apply to the suspension of probationary
employees in a school district with an average daily attendance of less than 250
pupils which has not adopted a collective bargaining agreement pursuant to
subdivision (b) of Section 3542.2 of the Government Code.

(Amended by Stats. 1995, Ch. 392, Sec. 3.)

Reference:
Education Code 44932
Education Code 44933
Government Code 3542.2
Government Code 3543.2





Education Code
EC 44935

Report on fitness
No report on the fitness of a teacher in a dismissal or suspension
proceeding initiated pursuant to Section 44934 shall be received from a
statewide professional organization by a governing board unless the teacher
shall have been given, prior to the preparation of the report in its final
form, the opportunity to submit in writing his or her comments on the report
and unless a copy of the report in final form is given to the teacher
investigated at least 10 days prior to its submission to the board.

Such a report shall not be distributed other than to the governing
board and those persons participating in its preparation, unless the
teacher does not demand a hearing as provided by Section 44937.

(Amended by Stats. 1983, Ch. 498, Sec. 54.)

Reference:
Education Code 44934
Education Code 44937




Education Code
EC 44936

Notice of dismissal or suspension
The notice of dismissal or suspension in a proceeding initiated
pursuant to Section 44934 shall not be given between May 15th and September 15th
in any year. It shall be in writing and be served upon the employee
personally or by United States registered mail addressed to him at his last known
address. A copy of the charges filed, containing the information required by
Section 11503 of the Government Code, together with a copy of the provisions of
this article, shall be attached to the notice.

(Amended by Stats. 1983, Ch. 498, Sec. 55.)

Reference:
Education Code 44934
Government Code 11503




Education Code
EC 44937

Hearing request
In a dismissal or suspension proceeding initiated pursuant to
Section 44934, if the employee does not demand a hearing by filing a written
request for hearing with the governing board, he or she may be dismissed or
suspended without pay for a specific period of time at the expiration of the
30-day period.

(Amended by Stats. 1983, Ch. 498, Sec. 56.)

Reference:
Education Code 44934




Education Code
EC 44938

Unprofessional conduct; written notice
(a) The governing board of any school district shall not act upon any
charges of unprofessional conduct unless at least 45 calendar days prior to
the date of the filing, the board or its authorized representative has
given the employee against whom the charge is filed, written notice of the
unprofessional conduct, specifying the nature thereof with such specific instances
of behavior and with such particularity as to furnish the employee an
opportunity to correct his or her faults and overcome the grounds for the charge.
The written notice shall include the evaluation made pursuant to Article
11 (commencing with Section 44660) of Chapter 3, if applicable to the
employee.

(b) The governing board of any school district shall not act upon any
charges of unsatisfactory performance unless it acts in accordance with the
provisions of paragraph (1) or (2):

(1) At least 90 calendar days prior to the date of the filing, the board
or its authorized representative has given the employee against whom
the charge is filed, written notice of the unsatisfactory performance,
specifying the nature thereof with such specific instances of behavior and with
such particularity as to furnish the employee an opportunity to correct
his or her faults and overcome the grounds for the charge. The written
notice shall include the evaluation made pursuant to Article 11 (commencing
with Section 44660) of Chapter 3, if applicable to the employee.

(2) The governing board may act during the time period composed of the
last one-fourth of the schooldays it has scheduled for purposes of
computing apportionments in any fiscal year if, prior to the beginning of that
time period, the board or its authorized representative has given the
employee against whom the charge is filed, written notice of the
unsatisfactory performance, specifying the nature thereof with such specific
instances of behavior and with such particularity as to furnish the employee an
opportunity to correct his or her faults and overcome the grounds for the charge.
The written notice shall include the evaluation made pursuant to Article
11 (commencing with Section 44660) of Chapter 3, if applicable to the
employee.

(c) "Unsatisfactory performance" as used in this section means, and
refers only to, the unsatisfactory performance particularly specified as a
cause for dismissal in Section 44932 and does not include any other cause for
dismissal specified in Section 44932.

"Unprofessional conduct" as used in this section means, and refers
to, the unprofessional conduct particularly specified as a cause for
dismissal or suspension in Sections 44932 and 44933 and does not include any
other cause for dismissal specified in Section 44932.

(Amended by Stats. 1995, Ch. 392, Sec. 4.)

Reference:
Education Code 44660
Education Code 44932
Education Code 44933



Education Code
EC 44939

Immediate suspension
Upon the filing of written charges, duly signed and verified by the
person filing them with the governing board of a school district, or upon a
written statement of charges formulated by the governing board, charging a
permanent employee of the district with immoral conduct, conviction of a felony
or of any crime involving moral turpitude, with incompetency due to
mental disability, with willful refusal to perform regular assignments
without reasonable cause, as prescribed by reasonable rules and regulations
of the employing school district, with violation of Section 51530, with
knowing membership by the employee in the Communist Party or with violation of
any provision in Sections 7001 to 7007, inclusive, the governing board
may, if it deems such action necessary, immediately suspend the employee
from his duties and give notice to him of his suspension, and that 30 days
after service of the notice, he will be dismissed, unless he demands a
hearing.

If the permanent employee is suspended upon charges of knowing
membership by the employee in the Communist Party or for any violation of Section
7001, 7002, 7003, 7006, 7007, or 51530, he may within 10 days after service
upon him of notice of such suspension file with the governing board a
verified denial, in writing, of the charges. In such event the permanent
employee who demands a hearing within the 30-day period shall continue to be
paid his regular salary during the period of suspension and until the entry
of the decision of the Commission on Professional Competence, if and
during such time as he furnishes to the school district a suitable bond, or
other security acceptable to the governing board, as a guarantee that the
employee will repay to the school district the amount of salary so paid to him
during the period of suspension in case the decision of the Commission on
Professional Competence is that he shall be dismissed. If it is determined that the
employee may not be dismissed, the school board shall reimburse the employee
for the cost of the bond.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 7001-7007
Education Code 51530




Education Code
EC 44940

Leave of absence, mandatory and optional
(a) For purposes of this section, "charged with a mandatory leave of
absence offense" is defined to mean charged by complaint, information, or
indictment filed in a court of competent jurisdiction with the commission of any
sex offense as defined in Section 44010, or with the commission of any
offense involving aiding or abetting the unlawful sale, use, or exchange to
minors of controlled substances listed in Schedule I, II, or III, as
contained in Section 11054, 11055, and 11056 of the Health and Safety Code, with
the exception of marijuana, mescaline, peyote, or
tetrahydrocannabinols.

(b) For purposes of this section, "charged with an optional leave of
absence offense" is defined to mean a charge by complaint, information, or
indictment filed in a court of competent jurisdiction with the commission of any
controlled substance offense as defined in Section 44011 or 87011, or a violation
or attempted violation of Section 187 of the Penal Code, or Sections
11357 to 11361, inclusive, Section 11363, 11364, or 11370.1 of the Health
and Safety Code, insofar as these sections relate to any controlled
substances except marijuana, mescaline, peyote, or tetrahydrocannabinols.

(c) For purposes of this section and Section 44940.5, the term "school
district" includes county offices of education.

(d) Whenever any certificated employee of a school district is
charged with a mandatory leave of absence offense, as defined in subdivision
(a), the governing board of the school district shall immediately place
the employee upon compulsory leave of absence for a period of time
extending for not more than 10 days after the date of entry of the judgment in the
proceedings. The employee's teaching or service credential shall be
automatically suspended for the same period of time.

(e) Whenever any certificated employee of a school district is
charged with an optional leave of absence offense as defined in subdivision
(b), the governing board of the school district may immediately place the
employee upon compulsory leave in accordance with the procedure in this
section and Section 44940.5. If any certificated employee is charged with an
offense deemed to fall into both the mandatory and the optional leave of
absence categories, as defined in subdivisions (a) and (b), that offense
shall be treated as a mandatory leave of absence offense for purposes of this
section.

(Amended by Stats. 1994, Ch. 83, Sec. 1.)

Reference:
Education Code 44010
Education Code 44011
Education Code 44940.5
Education Code 87011
Health and Safety Code 11054
Health and Safety Code 11055
Health and Safety Code 11056
Health and Safety Code 11357-11361
Health and Safety Code 11363
Health and Safety Code 11364
Health and Safety Code 11370.1
Penal Code 187




Education Code
EC 44940.5

Compulsory leave of absence procedures
Any certificated employee placed on compulsory leave of absence
pursuant to Section 44940 and any classified employee placed on compulsory
leave of absence pursuant to Section 45304 shall be subject to the following
procedures:

(a) The governing board of the school district may extend the
compulsory leave of absence of the employee beyond the initial period specified
in Section 44940 or 45304, whichever is applicable, by giving notice to
the employee within 10 days after the entry of judgment in the proceedings
that the employee will be dismissed at the expiration of 30 days from the
date of service of the notice, unless the employee demands a hearing as
provided in this article.

(b) Any employee placed upon compulsory leave of absence pursuant to
this section shall continue to be paid his or her regular salary during the
period of his or her compulsory leave of absence if and during that time he or
she furnishes to the school district a suitable bond, or other security
acceptable to the governing board, as a guarantee that the employee will repay to
the school district the amount of salary so paid to him or her during the
period of the compulsory leave of absence in case the employee is convicted of
the charges, or fails or refuses to return to service following an
acquittal of the offense or dismissal of the charges. If the employee is
acquitted of the offense, or the charges against the employee are dismissed, the
school district shall reimburse the employee for the cost of the bond upon his
or her return to service in the school district.

(c) If the employee does not elect to furnish bond, or other security
acceptable to the governing board of the district, and if the employee is
acquitted of the offense, or the charges against him or her are dismissed, the
school district shall pay to the employee his or her full compensation for the
period of the compulsory leave of absence upon his or her return to service in
the school district.

(d) Any action taken pursuant to this section by a governing board
shall be reported immediately to the Commission for Teacher Preparation
and Licensing. The commission shall give priority to the investigation
and resolution of these cases.

(Added by Stats. 1989, Ch. 807, Sec. 5.)

Reference:
Education Code 44940
Education Code 45304




Education Code
EC 44941

Notice of suspension and intention to dismiss
The notice of suspension and intention to dismiss, shall be in writing
and be served upon the employee personally or by United States registered
mail addressed to the employee at his last known address. A copy of the
charges filed, containing the information required by Section 11503 of the
Government Code, together with a copy of the provisions of this article, shall be
attached to the notice. If the employee does not demand a hearing within the
30-day period, he may be dismissed upon the expiration of 30 days after
service of the notice.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Government Code 11503




Education Code
EC 44942

Suspension; belief employee is suffering from mental illness
(a) Any certificated employee may be suspended or transferred to
other duties by the governing board if the board has reasonable cause to
believe that the employee is suffering from mental illness of such a degree as
to render him or her incompetent to perform his or her duties.

(b) The governing board shall immediately, upon any suspension or
transfer under this section, give to the employee a written statement of the
facts giving rise to the board's belief, and an opportunity to appear before
the board within 10 days to explain or refute the charges.

(c) If, after the employee's appearance before the board, the board
decides to continue the suspension or transfer, or if the employee chooses not
to appear before the board, the employee shall then be offered, in
writing, the opportunity of being examined by a panel consisting of three
persons who are either psychiatrists or psychologists, at least one of whom
shall be a psychiatrist, selected by him or her from a list of psychiatrists
and psychologists to be provided by the board. To assist the panel in
making its determination, the governing board shall supply to the panel,
prior to the date scheduled for the examination, a list of the duties of the
position from which the employee was suspended or transferred. The employee
shall continue to receive his or her regular salary and all other benefits of
employment during the period dating from his or her suspension to the filing of the
report of the panel with the governing board.

(d) The examination shall be conducted at school district expense
within 15 days of any suspension or transfer ordered under this section. The
employee shall submit to the examination, but shall be entitled to be
represented by a psychiatrist, psychologist licensed under Chapter 6.6
(commencing with Section 2900) of Division a of the Business and Professions Code,
or physician of his or her own choice, and any report of the psychiatrist,
psychologist, or physician selected by him or her shall be filed with the panel at the
request of the employee.

A written report of the panel on the examination of the suspended or
transferred employee shall be submitted to the governing board no later than 10
days after completion of the examination. A copy shall be supplied to the
employee upon request. The report shall contain a finding on whether the
employee is suffering from mental illness of such a degree as to render him or her
incompetent to perform his or her duties.

(e) If a majority of the panel conclude that the employee should be
permitted to return to his or her duties, no written record of the suspension or of
the determination of the panel shall be retained, and in all respects any
written record concerning the employee shall appear as it did before the
suspension was made.

(f) If a majority of the panel find in the panel's report that the
employee is suffering from mental illness of such a degree as to render him or her
incompetent to perform his or her duties, the governing board may, upon receipt of
the report, place the employee on mandatory sick leave of absence. Any
mandatory sick leave of absence imposed under this section shall not exceed two
years, during which period the employee shall be entitled to sick leave and
hospital and medical benefits that he or she accrued during his or her
employment by the governing board but only to the extent of that accrual.

(g) Any employee placed on mandatory sick leave of absence pursuant to
this section may, in writing, immediately demand a hearing. Upon receipt
of that written demand, the governing board shall file a complaint in the
superior court of the county in which the school district, or the major part
thereof, is located, setting forth the charges against the employee and asking
that the court inquire into the charges and determine whether or not the
charges are true, and, if true, whether they constitute sufficient grounds
for placing the employee on mandatory sick leave of absence, and for a
judgment pursuant to its findings.

(h) If the court finds that the employee was not, at the time of the
suspension, incompetent to perform his or her assigned duties and should not have
been placed on mandatory sick leave of absence, the employee shall be
immediately reinstated to the same or a substantially similar position with full
back salary, and any written record of the suspension or transfer or any
report of the panel shall be destroyed.

(i) If the court confirms the placing of the employee on mandatory sick
leave, or if the employee does not seek a hearing, then, upon written request
of the employee made not earlier than six months nor later than two years
after the date he or she was placed on mandatory sick leave of absence, a new
panel consisting of three persons who are either psychiatrists or
psychologists, at least one of whom shall be a psychiatrist, shall be convened by, and
at the expense of, the governing board to review its original
conclusion. If the original conclusion is not changed by the new panel as a result of
that review, the employee shall be continued on the mandatory sick leave of
absence, except that when the employee's total period of absence exceeds two
years, the governing board shall either rescind its action and reinstate the
employee to the same or a substantially similar position, or shall serve the
employee with a notice of intention to dismiss him or her, and proceed according
to Section 44943.

(j) If a majority of the new panel concludes in its report, or any
subsequent review thereof, that the suspended employee or employee on mandatory
sick leave of absence should be permitted to return to his or her duties, or
if the court so concludes, the governing board shall take immediate
action to restore the employee to the position from which he or she was
suspended or transferred or to a substantially similar position.

(k) Every hearing and action by or before the governing board pursuant
to this section shall be in executive session, and no decision, action,
or occurrence therein shall be made public, unless the employee so
requests in writing.

(l) Nothing in this section shall be construed to supersede Section
44949.

(Amended by Stats. 1989, Ch. 455, Sec. 1.)

Reference:
Business and Professions Code 2900
Education Code 44943
Education Code 44949





Education Code
EC 44943

Hearing request
When any employee who has been served with notice pursuant to Section
44934 of the governing board's intention to dismiss or suspend him or her
demands a hearing, the governing board shall have the option either (a) to
rescind its action, or (b) schedule a hearing on the matter.

(Amended by Stats. 1983, Ch. 498, Sec. 58.)

Reference:
Education Code 44934




Education Code
EC 44944

Hearing
(a) In a dismissal or suspension proceeding initiated pursuant to
Section 44934, if a hearing is requested by the employee, the hearing shall be
commenced within 60 days from the date of the employee's demand for a hearing.  The
hearing shall be initiated, conducted, and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.  However, the hearing date shall be established
after consultation with the employee and the governing board, or their
representatives, and the Commission on Professional Competence shall have all the
power granted to an agency in that chapter, except that the right of
discovery of the parties shall not be limited to those matters set forth in
Section 11507.6 of the Government Code but shall include the rights and duties
of any party in a civil action brought in a superior court under Article 3
(commencing with Section 2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure.  Notwithstanding any provision to the contrary, and except for the
taking of oral depositions, no discovery shall occur later than 30 calendar
days after the employee is served with a copy of the accusation pursuant to
Section 11505 of the Government Code.  In all cases, discovery shall be
completed prior to seven calendar days before the date upon which the hearing
commences.  If any continuance is granted pursuant to Section 11524 of the
Government Code, the time limitation for commencement of the hearing as provided
in this subdivision shall be extended for a period of time equal to such
continuance.  However, the extension shall not include that period of time
attributable to an unlawful refusal by either party to allow the discovery provided
for in this section.

If the right of discovery granted under the preceding paragraph is
denied by either the employee or the governing board, all the remedies in
Section 2034 of the Code of Civil Procedure shall be available to the party
seeking discovery and the court of proper jurisdiction, to entertain his or
her motion, shall be the superior court of the county in which the hearing
will be held.

The time periods in this section and of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and of
Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the
Code of Civil Procedure shall not be applied so as to deny discovery in a
hearing conducted pursuant to this section.

The superior court of the county in which the hearing will be held may,
upon motion of the party seeking discovery, suspend the hearing so as to
comply with the requirement of the preceding paragraph.

No witness shall be permitted to testify at the hearing except upon
oath or affirmation.  No testimony shall be given or evidence introduced
relating to matters which occurred more than four years prior to the date of the
filing of the notice. Evidence of records regularly kept by the governing
board concerning the employee may be introduced, but no decision relating
to the dismissal or suspension of any employee shall be made based on
charges or evidence of any nature relating to matters occurring more than four
years prior to the filing of the notice.

(b) The hearing provided for in this section shall be conducted by a
Commission on Professional Competence.  One member of the commission shall be
selected by the employee, one member shall be selected by the governing board,
and one member shall be an administrative law judge of the Office of
Administrative Hearings who shall be chairperson and a voting member of the
commission and shall be responsible for assuring that the legal rights of the
parties are protected at the hearing.  If either the governing board or the
employee for any reason fails to select a commission member at least seven
calendar days prior to the date of the hearing, the failure shall constitute a
waiver of the right to selection, and the county board of education or its
specific designee shall immediately make the selection.  When the county board
of education is also the governing board of the school district or has by
statute been granted the powers of a governing board, the selection shall be
made by the Superintendent of Public Instruction, who shall be reimbursed
by the school district for all costs incident to the selection.

The member selected by the governing board and the member selected by
the employee shall not be related to the employee and shall not be
employees of the district initiating the dismissal or suspension and shall hold
a currently valid credential and have at least five years' experience
within the past 10 years in the discipline of the employee.

(c) The decision of the Commission on Professional Competence shall
be made by a majority vote, and the commission shall prepare a written
decision containing findings of fact, determinations of issues, and a
disposition which shall be, solely:

(1) That the employee should be dismissed.

(2) That the employee should be suspended for a specific period of time
without pay.

(3) That the employee should not be dismissed or suspended.

The decision of the Commission on Professional Competence that the
employee should not be dismissed or suspended shall not be based on
nonsubstantive procedural errors committed by the school district or governing
board unless the errors are prejudicial errors.

The commission shall not have the power to dispose of the charge of
dismissal by imposing probation or other alternative sanctions.  The
imposition of suspension pursuant to paragraph (2) shall be available only in a
suspension proceeding authorized pursuant to subdivision (b) of Section 44932
or Section 44933.

The decision of the Commission on Professional Competence shall be
deemed to be the final decision of the governing board.

The board may adopt from time to time such rules and procedures not
inconsistent with provisions of this section as may be necessary to effectuate this
section.

The governing board and the employee shall have the right to be
represented by counsel.

(d) (1) If the member selected by the governing board or the member
selected by the employee is employed by any school district in this state the
member shall, during any service on a Commission on Professional
Competence, continue to receive salary, fringe benefits, accumulated sick
leave, and other leaves and benefits from the district in which the member is
employed, but shall receive no additional compensation or honorariums for
service on the commission.

(2) If service on a Commission on Professional Competence occurs
during summer recess or vacation periods, the member shall receive
compensation proportionate to that received during the current or immediately
preceding contract period from the member's employing district, whichever
amount is greater.

(e) If the Commission on Professional Competence determines that the
employee should be dismissed or suspended, the governing board and the
employee shall share equally the expenses of the hearing, including the cost of
the administrative law judge.  The state shall pay any costs incurred
under paragraph (2) of subdivision (d), the reasonable expenses, as
determined by the administrative law judge, of the member selected by the
governing board and the member selected by the employee, including, but not
limited to payments or obligations incurred for travel, meals, and lodging,
and the cost of the substitute or substitutes, if any, for the member
selected by the governing board and the member selected by the employee. The
Controller shall pay all claims submitted pursuant to this paragraph from the
General Fund, and may prescribe reasonable rules, regulations, and forms for
the submission of the claims.  The employee and the governing board shall
pay their own attorney fees.

If the Commission on Professional Competence determines that the
employee should not be dismissed or suspended, the governing board shall pay
the expenses of the hearing, including the cost of the administrative law
judge, any costs incurred under paragraph (2) of subdivision (d), the
reasonable expenses, as determined by the administrative law judge, of the
member selected by the governing board and the member selected by the
employee, including, but not limited to, payments or obligations incurred for
travel, meals, and lodging, the cost of the substitute or substitutes, if any,
for the member selected by the governing board and the member selected by
the employee, and reasonable attorney fees incurred by the employee.

As used in this section, "reasonable expenses" shall not be deemed
"compensation" within the meaning of subdivision (d).

If either the governing board or the employee petitions a court of
competent jurisdiction for review of the decision of the commission, the
payment of expenses to members of the commission required by this subdivision
shall not be stayed.

In the event that the decision of the commission is finally reversed or
vacated by a court of competent jurisdiction, then either the state, having
paid the commission members' expenses, shall be entitled to
reimbursement from the governing board for those expenses, or the governing board,
having paid the expenses, shall be entitled to reimbursement from the
state.

Additionally, either the employee, having paid a portion of the
expenses of the hearing, including the cost of the administrative law judge,
shall be entitled to reimbursement from the governing board for the
expenses, or the governing board, having paid its portion and the employee's
portion of the expenses of the hearing, including the cost of the
administrative law judge, shall be entitled to reimbursement from the employee for
that portion of the expenses.

(f) The hearing provided for in this section shall be conducted in a
place selected by agreement among the members of the commission.  In the
absence of agreement, the place shall be selected by the administrative law
judge.

(Amended by Stats. 1998, Ch. 931, Sec. 128.)

Reference:
Education Code 44932
Education Code 44933
Education Code 44934
Government Code 11500
Government Code 11505
Government Code 11507.6
Government Code 11524




Education Code
EC 44944.1

Determination to conduct portion of hearing in closed session
At a hearing conducted pursuant to Section 44944, the administrative
law judge, before admitting any testimony or evidence concerning an
individual pupil, shall determine whether the introduction of the testimony or
evidence at an open hearing would violate any provision of Article 5
(commencing with Section 49073) of Chapter 6.5 of Part 27 of Division 4, relating to
privacy of pupil records. If the administrative law judge, in his or her
discretion, determines that any of such provisions would be violated, he or she
shall order that the hearing, or any portion thereof at which the testimony
or evidence would be produced, be conducted in executive session.

(Amended by Stats. 1985, Ch. 324, Sec. 3.)

Reference:
Education Code 44944
Education Code 49073




Education Code
EC 44945

Request for review of decision of Commission of Professional
Competence
 The decision of the Commission on Professional Competence may, on
petition of either the governing board or the employee, be reviewed by a court of
competent jurisdiction in the same manner as a decision made by a hearing officer
under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The court, on review, shall exercise its
independent judgment on the evidence. The proceeding shall be set for hearing at
the earliest possible date and shall take precedence over all other
cases, except older matters of the same character and matters to which
special precedence is given by law.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Government Code 11500




Education Code
EC 44946

Boards ruling in employed favor
If the employee has been suspended pending the hearing, he shall be
reinstated within five days after the governing board's decision in his favor,
and shall be paid full salary by the governing board for the period of his
suspension.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44947

Request for revocation of certificate
If an employee is dismissed for immoral conduct or conviction of a
felony or crime involving moral turpitude, the governing board shall
transmit to the Commission on Teacher Credentialing and to the county board of
education which issued the certificate under which the employee was serving at
the time of his dismissal, a copy of the reporter's transcript of the
hearing accompanied by a request that any certificate issued by the county
board of education to the employee be revoked if the employee is not
reinstated upon appeal.

(Amended by Stats. 1990, Ch. 1263, Sec. 15.)




Education Code
EC 44948

Dismissal of probationary employees
(a) Governing boards of school districts shall dismiss probationary
employees during the school year for cause only, as in the case of permanent
employees.

This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year or who are employed
in a school district having an average daily attendance of less than 250
pupils.

(b) The governing board may suspend a probationary employee for a
specified period of time without pay as an alternative to dismissal pursuant to
this section. This subdivision shall apply only to probationary
employees whose probationary period commenced prior to the 1983-84 fiscal
year.

(Amended by Stats. 1983, Ch. 498, Sec. 60.)




Education Code
EC 44948.2

Probationary employees districts under 250 ADA
Nothwithstanding subdivision (a) of Section 44948 and subdivision
(c) of Section 44948.3, the governing board of any school district having
an average daily attendance of less than 250 may elect to dismiss
probationary employees during the school year pursuant to the provisions of
Section 44948.3. Once a district has made an election pursuant to this
section, it shall only dismiss probationary certificated employees during
the school year pursuant to this section.

(Added by Stats. 1991, Ch. 256, Sec. 2.)

Reference:
Education Code 44948
Education Code 44948.3




Education Code
EC 44948.3

Dismissal of probationary employees for unsatisfactory performance
(a) First and second year probationary employees may be dismissed
during the school year for unsatisfactory performance determined pursuant
to Article 11 (commencing with Section 44660) of Chapter 3, or for cause
pursuant to Section 44932. Any dismissal pursuant to this section shall be in
accordance with all of the following procedures:

(1) The superintendent of the school district or the
superintendent's designee shall give 30 days' prior written notice of dismissal, not
later than March 15 in the case of second year probationary employees. The
notice shall include a statement of the reasons for the dismissal and notice
of the opportunity to appeal. In the event of a dismissal for
unsatisfactory performance, a copy of the evaluation conducted pursuant to Section
44664 shall accompany the written notice.

(2) The employee shall have 15 days from receipt of the notice of
dismissal to submit to the governing board a written request for a hearing. The
governing board may establish procedures for the appointment of an
administrative law judge to conduct the hearing and submit a recommended decision to
the board. The failure of an employee to request a hearing within 15 days
from receipt of a dismissal notice shall constitute a waiver of the right to
a hearing.

(b) The governing board, pursuant to this section, may suspend a
probationary employee for a specified period of time without pay as an alternative
to dismissal.

(c) This section applies only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any fiscal year
thereafter, and does not apply to probationary employees in a school district
having an average daily attendance of less than 250 pupils.

(Amended by Stats. 1985, Ch. 324, Sec. 4.)

Reference:
Education Code 44660
Education Code 44664
Education Code 44932




Education Code
EC 44948.5

Probationary employees districts under 250 ADA
(a) This section applies only to (1) probationary employees of a
school district with an average daily attendance of less than 250 pupils, or
(2) those persons currently employed as probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.

(b) No later than March 15 and before a probationary employee is given
notice by the governing board that his or her services will not be required for
the ensuing year for reasons other than those specified in Section 44955,
the governing board and the employee shall be given written notice by the
superintendent of the district or his or her designee, or, in the case of a district
which has no superintendent, by the clerk or secretary of the governing
board, that it has been recommended that the notice be given to the employee,
and stating the reasons therefor.

If the probationary employee has been in the employ of the district for
less than 45 days on March 15, the giving of the notice may be deferred until
the 45th day of employment and all time period and deadline dates
prescribed by this subdivision shall be coextensively extended.

Until the employee has requested a hearing as provided in subdivision
(c) or has waived his or her right to a hearing, the notice and the reasons
therefor shall be confidential and shall not be divulged by any person, except
as may be necessary in the performance of duties. However, the violation
of this requirement of confidentiality, in and of itself, shall not in
any manner be construed as affecting the validity of any hearing
conducted pursuant to this section.

(c) The employee may request a hearing to determine if there is cause
for not reemploying him or her for the ensuing year. A request for a hearing
shall be in writing and shall be delivered to the person who sent the notice
pursuant to subdivision (b), on or before a date specified in that subdivision,
which shall not be less than seven days after the date on which the notice is
served upon the employee. If an employee fails to request a hearing on or
before the date specified, his or her failure to do so shall constitute a
waiver of his or her right to a hearing. The notice provided for in subdivision
(b) shall advise the employee of the provisions of this subdivision.

(d) In the event a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code and the governing board shall have all the power granted to an agency
therein, except that all of the following shall apply:

(1) The respondent shall file his or her notice of defense, if any,
within five days after service upon him or her of the accusation and he or she
shall be notified of this five-day period for filing in the accusation.

(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15 days
after service of the accusation, and the notice required by Section 11505 of
the Government Code shall so indicate.

(3) The hearing shall be conducted by an administrative law judge who
shall prepare a proposed decision, containing findings of fact and a
determination as to whether the charges sustained by the evidence are related to the
welfare of the schools and the pupils thereof. The proposed decision shall be
prepared for the governing board and shall contain a determination as to the
sufficiency of the cause and a recommendation as to disposition. However, the
governing board shall make the final determination as to the sufficiency of the
cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the administrative
law judge shall be binding on the governing board. Nonsubstantive
procedural errors committed by the school district or governing board of the
school district shall not constitute cause for dismissing the charges
unless the errors are prejudicial errors. Copies of the proposed decision
shall be submitted to the governing board and to the employee on or before May
7 of the year in which the proceeding is commenced. All expenses of the
hearing, including the cost of the administrative law judge, shall be paid by
the governing board from the district funds.

The board may adopt from time to time such rules and procedures not
inconsistent with provisions of this section as may be necessary to effectuate this
section.

(e) The governing board's determination not to reemploy a
probationary employee for the ensuing school year shall be for cause only. The
determination of the governing board as to the sufficiency of the cause pursuant to
this section shall be conclusive, but the cause shall relate solely to the
welfare of the schools and the pupils thereof. The decision made after the
hearing shall be effective on May 15 of the year the proceeding is commenced.

(f) Notice to the probationary employee by the governing board that
his or her service will not be required for the ensuing year, shall be given
no later than May 15.

(g) If a governing board notifies a probationary employee that his or
her services will not be required for the ensuing year, the board shall,
within 10 days after delivery to it of the employee's written request,
provide the employee with a statement of its reasons for not reemploying him or
her for the ensuing school year.

(h) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when it is deposited
in the United States registered mail, postage prepaid and addressed to
the last known address of the employee.

(i) In the event that the governing board does not give notice provided
for in subdivision (e) on or before May 15, the employee shall be deemed
reemployed for the ensuing school year.

(j) If after request for hearing pursuant to subdivision (c) any
continuance is granted pursuant to Section 11524 of the Government Code, the dates
prescribed in subdivisions (d), (e), (f), and (i) which occur on or after the date
of granting the continuance shall be extended for a period of time equal
to the continuance.

(Amended by Stats. 1985, Ch. 324, Sec. 5.)

Reference:
Education Code 44995
Government Code 11500
Government Code 11505
Government Code 11507.6
Government Code 11524




Education Code
EC 44949

Notice, hearing
(a) No later than March 15 and before an employee is given notice by the
governing board that his or her services will not be required for the ensuing year
for the reasons specified in Section 44955, the governing board and the
employee shall be given written notice by the superintendent of the district or
his or her designee, or in the case of a district which has no
superintendent by the clerk or secretary of the governing board, that it has been
recommended that the notice be given to the employee, and stating the reasons
therefor.

Until the employee has requested a hearing as provided in subdivision
(b) or has waived his or her right to a hearing, the notice and the reasons
therefor shall be confidential and shall not be divulged by any person, except
as may be necessary in the performance of duties. However, the violation
of this requirement of confidentiality, in and of itself, shall not in
any manner be construed as affecting the validity of any hearing
conducted pursuant to this section.

(b) The employee may request a hearing to determine if there is cause
for not reemploying him or her for the ensuing year. A request for a hearing
shall be in writing and shall be delivered to the person who sent the notice
pursuant to subdivision (a), on or before a date specified in that subdivision,
which shall not be less than seven days after the date on which the notice is
served upon the employee. If an employee fails to request a hearing on or
before the date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for in
subdivision (a) shall advise the employee of the provisions of this subdivision.

(c) In the event a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code and the governing board shall have all the power granted to an agency
therein, except that all of the following shall apply:

(1) The respondent shall file his or her notice of defense, if any,
within five days after service upon him or her of the accusation and he or she
shall be notified of this five-day period for filing in the accusation.

(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15 days
after service of the accusation, and the notice required by Section 11505 of
the Government Code shall so indicate.

(3) The hearing shall be conducted by an administrative law judge who
shall prepare a proposed decision, containing findings of fact and a
determination as to whether the charges sustained by the evidence are related to the
welfare of the schools and the pupils thereof. The proposed decision shall be
prepared for the governing board and shall contain a determination as to the
sufficiency of the cause and a recommendation as to disposition. However, the
governing board shall make the final determination as to the sufficiency of the
cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the administrative
law judge shall be binding on the governing board. Nonsubstantive
procedural errors committed by the school district or governing board of the
school district shall not constitute cause for dismissing the charges
unless the errors are prejudicial errors. Copies of the proposed decision
shall be submitted to the governing board and to the employee on or before May
7 of the year in which the proceeding is commenced. All expenses of the
hearing, including the cost of the administrative law judge, shall be paid by
the governing board from the district funds.

The board may adopt from time to time such rules and procedures not
inconsistent with provisions of this section as may be necessary to effectuate this
section.

(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when it is deposited
in the United States registered mail, postage prepaid and addressed to
the last known address of the employee.

(e) If after request for hearing pursuant to subdivision (b) any
continuance is granted pursuant to Section 11524 of the Government Code, the dates
prescribed in subdivision (c) which occur on or after the date of granting the
continuance and the date prescribed in subdivision (c) of Section 44955 which
occurs after the date of granting the continuance shall be extended for a
period of time equal to the continuance.

(Amended by Stats. 1985, Ch. 324, Sec. 6.)

Reference:
Education Code 44955
Government Code 11500
Government Code 11505
Government Code 11507.6
Government Code 11524




Education Code
EC 44951

Written notification of termination of certificated employees
Unless a certificated employee holding a position requiring an
administrative or supervisory credential is sent written notice deposited in the
United States registered mail with postage prepaid and addressed to his or
her last known address by March 15 that he or she may be released from his or
her position for the following school year, or unless the signature of the
employee is obtained by March 15 on the written notice that he or she may be
released from his or her position for the following year, he or she shall be
continued in the position. The provisions of this section do not apply to a
certificated employee who holds a written contract with an expiration date beyond
the current school year, or to a certificated employee holding a position
that is funded for less than a school year, or to a certificated employee
assigned to an acting position whose continuing right to hold this position
depends on being selected from an eligible list established for the position,
or to the termination of employment pursuant to Section 44955.

(Amended by Stats. 1993, Ch. 261, Sec. 1.)

Reference:
Education Code 44955




Education Code
EC 44952

Provisions of 44949
The provisions of Section 44949 shall not be construed as in any way
modifying or affecting the provisions of Section 44948.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44948
Education Code 44949




Education Code
EC 44953

Dismissal of substitute employees
Governing boards of school districts may dismiss substitute
employees at any time at the pleasure of the board.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44954

Release of temporary employees
Governing boards of school districts may release temporary
employees requiring certification qualifications under the following
circumstances:

(a) At the pleasure of the board prior to serving during one school year
at least 75 percent of the number of days the regular schools of the
district are maintained.

(b) After serving during one school year the number of days set forth in
subdivision (a), if the employee is notified before the end of the school year of the
district's decision not to reelect the employee for the next succeeding year.

(Repealed and Added by Stats. 1992, Ch. 336, Sec. 2 and 3.)




Education Code
EC 44955

Reduction of staff due to decline in enrollment
(a) No permanent employee shall be deprived of his or her position for
causes other than those specified in Sections 44907 and 44923, and Sections
44932 to 44947, inclusive, and no probationary employee shall be deprived
of his or her position for cause other than as specified in Sections 44948
to 44949, inclusive.

(b) Whenever in any school year the average daily attendance in all of
the schools of a district for the first six months in which school is in
session shall have declined below the corresponding period of either of the
previous two school years, whenever the governing board determines that
attendance in a district will decline in the following year as a result of the
termination of an interdistrict tuition agreement as defined in Section 46304,
whenever a particular kind of service is to be reduced or discontinued not later
than the beginning of the following school year, or whenever the amendment
of state law requires the modification of curriculum, and when in the
opinion of the governing board of the district it shall have become necessary
by reason of any of these conditions to decrease the number of permanent
employees in the district, the governing board may terminate the services of not
more than a corresponding percentage of the certificated employees of the
district, permanent as well as probationary, at the close of the school year.
Except as otherwise provided by statute, the services of no permanent
employee may be terminated under the provisions of this section while any
probationary employee, or any other employee with less seniority, is retained to
render a service which said permanent employee is certificated and
competent to render.

In computing a decline in average daily attendance for purposes of
this section for a newly formed or reorganized school district, each
school of the district shall be deemed to have been a school of the newly formed
or reorganized district for both of the two previous school years.

As between employees who first rendered paid service to the district
on the same date, the governing board shall determine the order of
termination solely on the basis of needs of the district and the students thereof.
Upon the request of any employee whose order of termination is so
determined, the governing board shall furnish in writing no later than five days
prior to the commencement of the hearing held in accordance with Section
44949, a statement of the specific criteria used in determining the order of
termination and the application of the criteria in ranking each employee relative
to the other employees in the group. This requirement that the governing
board provide, on request, a written statement of reasons for determining
the order of termination shall not be interpreted to give affected
employees any legal right or interest that would not exist without such a
requirement.

(c) Notice of such termination of services shall be given before the
15th of May in the manner prescribed in Section 44949, and services of such
employees shall be terminated in the inverse of the order in which they were
employed, as determined by the board in accordance with the provisions of
Sections 44844 and 44845. In the event that a permanent or probationary
employee is not given the notices and a right to a hearing as provided for in
Section 44949, he or she shall be deemed reemployed for the ensuing school
year.

The governing board shall make assignments and reassignments in such
a manner that employees shall be retained to render any service which
their seniority and qualifications entitle them to render. However, prior
to assigning or reassigning any certificated employee to teach a
subject which he or she has not previously taught, and for which he or she does
not have a teaching credential or which is not within the employee's major
area of postsecondary study or the equivalent thereof, the governing
board shall require the employee to pass a subject matter competency test in
the appropriate subject.

(d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for either
of the following reasons:

(1) The district demonstrates a specific need for personnel to teach a
specific course or course of study, or to provide services authorized by a
services credential with a specialization in either pupil personnel services
or health for a school nurse, and that the certificated employee has
special training and experience necessary to teach that course or course of
study or to provide those services, which others with more seniority do not
possess.

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

(Amended by Stats. 1983, Ch. 1302, Sec. 15.2.)

Reference:
Education Code 44844
Education Code 44845
Education Code 44907
Education Code 44923
Education Code 44932-44947
Education Code 44948-44949




Education Code
EC 44955.5

Reduction of staff after enactment of Budget Act
During the time period between five days after the enactment of the
Budget Act and August 15 of the fiscal year to which that Budget Act applies, if
the governing board of a school district determines that its total
revenue limit per unit of average daily attendance for the fiscal year of that
Budget Act has not increased by at least 2 percent, and if in the opinion of the
governing board it is therefore necessary to decrease the number of permanent
employees in the district, the governing board may terminate the services of any
permanent or probationary certificated employees of the district, including
employees holding a position that requires an administrative or supervisory
credential. The termination shall be pursuant to Sections 44951 and 44955 but,
notwithstanding anything to the contrary in Sections 44951 and 44955, in accordance
with a schedule of notice and hearing adopted by the governing board.

(Amended by Stats. 1993, Ch. 261, Sec. 2.)

Reference:
Education Code 44951
Education Code 44955




Education Code
EC 44956

Rights of terminated employee
(a) Any permanent employee whose services have been terminated as
provided in Section 44955 shall have the following rights:

(1) For the period of 39 months from the date of such termination, any
employee who in the meantime has not attained the age of 65 years shall have the
preferred right to reappointment, in the order of original employment as
determined by the board in accordance with the provisions of Sections 44831 to
44855, inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that were not imposed
upon other employees who continued in service; provided, that no
probationary or other employee with less seniority shall be employed to render a
service which said employee is certificated and competent to render.
However, prior to reappointing any employee to teach a subject which he or she
has not previously taught, and for which he or she does not have a teaching
credential or which is not within the employee's major area of postsecondary
study or the equivalent thereof, the governing board shall require the
employee to pass a subject matter competency test in the appropriate subject.

(2) The aforesaid right to reappointment may be waived by the
employee, without prejudice, for not more than one school year, unless the board
extends this right, but such waiver shall not deprive the employee of his right
to subsequent offers of reappointment.

(3) Notwithstanding paragraph (1), a school district may deviate
from reappointing a certificated employee in order of seniority for
either of the following reasons:

(A) The district demonstrates a specific need for personnel to teach a
specific course or course of study, or to provide services authorized by a
services credential with a specialization in either pupil personnel services
or health for a school nurse, and that the employee has special training
and experience necessary to teach that course or course of study, or to
provide those services, which others with more seniority do not possess.

(B) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

(4) As to any such employee who is reappointed, the period of his
absence shall be treated as a leave of absence and shall not be considered as a
break in the continuity of his service, he shall retain the classification
and order of employment he had when his services were terminated, and
credit for prior service under any state or district retirement system shall
not be affected by such termination, but the period of his absence shall
not count as a part of the service required for retirement.

(5) During the period of his preferred right to reappointment, any
such employee shall, in the order of original employment, be offered prior
opportunity for substitute service during the absence of any other employee who
has been granted a leave of absence or who is temporarily absent from duty;
provided, that his services may be terminated upon the return to duty of said
other employee and that said substitute service shall not affect the
retention of his previous classification and rights. If, in any school year the
employee serves as a substitute in any position requiring certification for
any 21 days or more within a period of 60 schooldays, the compensation the
employee receives for substitute service in that 60-day period, including his
or her first 20 days of substitute service, shall be not less than the
amount the employee would receive if he or she were being reappointed.

(6) During the period of the employee's preferred right to
reappointment, the governing board of the district, if it is also the governing board
of one or more other districts, may assign him to service, which he is
certificated and competent to render, in said other district or districts;
provided, that the compensation he receives therefor may in the discretion of
the governing board be the same as he would have received had he been
serving in the district from which his services were terminated, that his
service in the said other district or districts shall be counted toward the
period required for both state and local retirement, as defined by Section
22102, as though rendered in the district from which his services were
terminated, and that no permanent employee in said other district or districts
shall be displaced by him.

It is the intent of this subsection that the employees of a school
district, the governing board of which is also the governing board of one or more
other school districts, shall not be at a disadvantage as compared with
employees of a unified school district.

(7) At any time prior to the completion of one year after his return to
service, he may continue or make up, with interest, his own contributions to any
state or district retirement system, for the period of his absence, but it
shall not be obligatory on state or district to match such contributions.

(8) Should he become disabled or reach retirement age at any time
before his return to service, he shall receive, in any state or district
retirement system of which he was a member, all benefits to which he would have been
entitled had such event occurred at the time of his termination of service, plus
any benefits he may have qualified for thereafter, as though still
employed.

(Amended by Stats. 1983, Ch. 1302, Sec. 15.3.)

Reference:
Education Code 22102
Education Code 44831-44855
Education Code 44955




Education Code
EC 44956.5

Administrative position service not used in calculating seniority
For a certificated employee initially employed in an administrative
position on or after July 1, 1983, who transfers to a teaching position, the
period of employment in the administrative position shall not be included in
determining seniority for purposes of Sections 44955 and 44956, except for school
site administrators who shall earn up to a maximum of three years seniority
while serving as site administrators.

(Added by Stats. 1983, Ch. 498, Sec. 67.)

Reference:
Education Code 44955
Education Code 44956




Education Code
EC 44957

Rights of terminated probationary employees
Any probationary employee whose services have been terminated as
provided in Section 44955 shall have the following rights:

(a) For the period of 24 months from the date of such termination, any
employee who in the meantime has not attained the age of 65 years shall have the
preferred right to reappointment, subject to the prior rights to reappointment
by all permanent employees as set forth in Section 44956, in the order of
original employment as determined by the governing board in accordance with
the provisions of Sections 44831 to 44855, inclusive, if the number of
employees is increased or the discontinued service is reestablished, with no
requirements that were not imposed upon other employees who continued in service.
Except as otherwise provided, no probationary or temporary employee with
less seniority shall be employed to render a service which such employee is
certificated and competent to render and provided that such an employee shall be
given a priority over employees whose right to a position is derived
pursuant to Section 44918. However, prior to reappointing any employee to
teach a subject which he or she has not previously taught, and for which he or
she does not have a teaching credential or which is not within the
employee's major area of postsecondary study or the equivalent thereof, the
governing board shall require the employee to pass a subject matter competency
test in the appropriate subject.

(b) Notwithstanding subdivision (a), a school district may deviate
from reappointing a probationary employee in order of seniority for
either of the following reasons:

(1) The district demonstrates a specific need for personnel to teach a
specific course or course of study, or to provide services authorized by a
services credential with a specialization in either pupil personnel services
or health for a school nurse, and that the employee has special training
and experience necessary to teach that course or course of study, or to
provide those services, which others with more seniority do not possess.

(2) For purposes of maintaining or achieving compliance with,
constitutional requirements related to equal protection of the laws.

(c) As to any such employee who is reappointed, the period of his
absence shall be treated as a leave of absence and shall not be considered as a
break in the continuity of his service, he shall retain the classification
and order of employment he had when his services were terminated, and
credit for prior service under any state or district retirement system shall
not be affected by such termination; provided, however, that the period
of his absence shall not be counted as a part of the service required for
attaining permanent status in the district or, except as provided in
subdivision (e), for retirement purposes.

(d) During the period of his preferred right to reappointment, any
such employee shall, in the order of original employment, and subject to
the rights of permanent employees as set forth in Section 44956, be
offered prior opportunity for substitute service during the absence of any
other employee who has been granted leave of absence or who is temporarily
absent from duty; provided, that his services may be terminated upon a return
to duty of such other employee, that such substitute service shall not
affect the retention of his previous classification and rights, and that
such an employee shall be given a priority over employees whose right to a
substitute position is derived pursuant to Section 44918.

(e) At any time prior to the completion of one year after his return to
service, an employee reappointed under the provisions of this section may
elect to continue or to reinstate his membership and interest in any state or
district retirement system and to receive retirement benefits as if no absence
from service had occurred. In the event of such election the employee shall
pay into the retirement system the amount of his share of contribution and
the district's share of contribution attributable to the period of
absence and the amount of any contributions withdrawn, plus interest.

(Amended by Stats. 1983, Ch. 1302, Sec. 15.5.)

Reference:
Education Code 44918
Education Code 44831-44855
Education Code 44955
Education Code 44956







Education Code
EC 44958

Reemployment of terminated probationary employee
If the services of any probationary employee are terminated, or if
such employee is dismissed, because of a reduction in the attendance of
pupils or the discontinuance of a particular kind of service, and such
employee is reemployed within a period of 39 months from the last day of the
school year within which his service was so terminated, or within 39 months
after the cessation of hostilities, if such reduction in attendance or
discontinuance of service was due to war conditions, the period of his absence shall
not count as a part of the service required as a condition precedent to the
classification of such employee as a permanent employee of the district, but such
absence shall not be construed as a break in the continuity of the service of
such employee.

Every such probationary employee who has been reemployed as
indicated in this section shall have all of the rights enumerated in Sections
44955 to 44961, inclusive, for permanent employees, except the right of
reappointment, subject only to the prior rights of permanent employees.

The provisions of this section shall apply to any probationary
employee who shall be or who shall have been dismissed or terminated after
January 1, 1949, because of reduction in attendance or discontinuance of a
particular kind of service.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44955-44961




Education Code
EC 44959

Reemployment rights terminated permanent employees
As to any permanent certificated employee whose services have been
terminated because of the effect of wars in which the United States is engaged upon
the attendance of pupils or upon the maintenance of a particular kind of
service, the effective period covered by all rights enumerated in Section
44956 is extended until two years after the cessation of hostilities, and in
addition thereto for a like period these employees shall have the following
rights:

(a) He or she may voluntarily accept termination of service in other
than the order of original employment and retain all of the other rights
herein provided.

(b) If he or she is engaged in any form of civilian or military war
service, any credential or certificate he or she holds is continued in full
force and effect until 90 days after the termination of his or her employment
therein.

(c) If, either before or after such termination, he or she engages in
any form of war service for which provision is made in Section 44800 or
elsewhere in the laws of this state, he or she shall retain all rights granted by
that war service legislation as though still employed. However, the right
to reappointment shall be in the order of original employment, as
determined in accordance with the provisions of Sections 44844 and 44845.

(Amended by Stats. 1994, Ch. 922, Sec. 95.)

Reference:
Education Code 44800
Education Code 44844
Education Code 44845
Education Code 44956




Education Code
EC 44959.5

Layoff provisions included in collective bargaining agreements
(a) The layoff provisions of Sections 44955, 44956, 44957, 44958 and
44959 shall not be applicable to probationary certificated employees who
are covered by a collective agreement which contains provisions for the
layoff and reassignment of such employees.

(b) If layoff proceedings are commenced under procedures prescribed
by any of the sections referred to in subdivision (a), such proceedings
shall continue in accordance with the statutory procedures,
notwithstanding the subsequent adoption of a collective agreement or the inclusion in
the coverage thereof of employees not so covered at the time such
proceedings commenced.

(c) If layoff proceedings are commenced under a collective agreement
which contains provisions for the layoff of probationary certificated
employees, such proceedings shall continue in accordance with the agreement,
notwithstanding the subsequent termination of the agreement.

(d) This section shall only apply to a school district in which the
average daily attendance is 400,000 or more and shall not be interpreted to
apply to the termination of any probationary certificated employee
pursuant to Section 44948 or Section 44949.

(Amended by Stats. 1978, Ch. 218.)

Reference:
Education Code 44948
Education Code 44949
Education Code 44955
Education Code 44956
Education Code 44957
Education Code 44958
Education Code 44959




Education Code
EC 44960

Permanent employee appointed to substitute service
The services of any permanent certificated employee referred to in
Section 44959 who has been appointed to substitute service in place of another
employee who is on leave of absence for civilian or military war service may be
terminated upon the return of said other employee from such leave of absence, but
only at the end of the current semester or quarter and not less than 30 days
after written notice that his services will no longer be required.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44959




Education Code
EC 44961

War
In specifying or defining the rights of employees in Sections 44955 to
44961, inclusive, the effect of war refers to "war" as defined in Section 88.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 88
Education Code 44955-44961




Education Code
EC 44962

Authority to grant leaves of absence
Governing boards of school districts may grant leaves of absence to
persons employed in positions requiring certification qualifications.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44963

Leaves of absence
When any provision of this code expressly authorizes or requires the
governing board of a school district to grant a leave of absence for any purpose or
for any period of time to persons employed in positions requiring
certification qualifications, that express authorization or requirement does not
deprive the governing board of the power to grant leaves of absence with or
without pay to such employees for other purposes or for other periods of time,
so long as the governing board does not deprive any employee of any leave
of absence to which he is entitled by law.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44964

Leave of absence; accident or illness
The governing board of any school district may provide for the leave of
absence from duty and may grant compensation during the leave of absence to any
employee of the district who is employed in a position requiring certification
qualifications and who is compelled to absent himself from his duties because of
accident or illness, whether or not the cause of absence arises out of and in the
course of the employment of the employee, or because of quarantine which
results from his contact with other persons having a contagious disease while
performing his duties, or because of temporary inability to perform the services
required of him because of illness, accident, or quarantine.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44965

Leave of absence; pregnancy; childbirth, etc.
The governing board of any school district shall provide for leave of
absence from duty for any certificated employee of the district who is
required to be absent from duties because of pregnancy, miscarriage,
childbirth, and recovery therefrom. The length of the leave of absence, including
the date on which the leave shall commence and the date on which the
employee shall resume duties, shall be determined by the employee and the
employee's physician.

Disabilities caused or contributed to by pregnancy, miscarriage,
childbirth, and recovery therefrom are, for all job-related purposes, temporary
disabilities and shall be treated as such under any health or temporary disability
insurance or sick leave plan available in connection with employment by any
school district.

Except as provided herein, written and unwritten employment
policies and practices of any school district shall be applied to disability
due to pregnancy or childbirth on the same terms and conditions applied to
other temporary disabilities.

This section shall be construed as requiring the governing board of a
school district to grant leave with pay only when it is necessary to do so in
order that leaves of absence for disabilities caused or contributed to by
pregnancy, miscarriage, or childbirth be treated the same as leaves for illness,
injury, or disability.

(Enacted by Stats. 1976, Ch. 1010.)




Education Code
EC 44966

Leave of absence for study or travel
The governing board of any school district may grant any employee of
the district employed in a position requiring certification
qualifications, a leave of absence for not to exceed one year for the purpose of
permitting study or travel by the employee which will benefit the schools and
pupils of the district. The governing board may provide that the leave of
absence be taken in separate six-month periods or separate quarters rather
than for a continuous one-year period, provided that the leave of absence
for both of the separate six-month periods or any or all quarters shall be
commenced and completed within a three-year period. Any period of service by the
individual intervening between the two separate six-month periods or separate
quarters of the leave of absence shall comprise a part of the service required
for a subsequent leave of absence.

(Amended by Stats. 1994, Ch. 922, Sec. 96.)




Education Code
EC 44967

Leave of absence
No leave of absence shall be granted to any employee under Section
44966 who has not rendered service to the district for at least seven
consecutive years preceding the granting of the leave, and not more than one such
leave of absence shall be granted in each seven-year period. The governing
board granting the leave of absence may, subject to the rules and
regulations of the State Board of Education, prescribe the standards of service
which shall entitle the employee to the leave of absence. No absence from the
service of the district under a leave of absence, other than a leave of absence
granted pursuant to Section 44966, granted by the governing board of the
district shall be deemed a break in the continuity of service required by this
section, and the period of such absence shall not be included as service in
computing the seven consecutive years of service required by this section.
Service under a national recognized fellowship or foundation approved by the
State Board of Education, for a period of not more than one year, for
research, teaching or lecturing shall not be deemed a break in continuity of
service, and the period of such absence shall be included in computing the seven
consecutive years of service required by this section.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44966




Education Code
EC 44968

Leave of absence; services during absence
Every employee granted a leave of absence pursuant to Section 44966
may be required to perform such services during the leave as the governing
board of the district and the employee may agree upon in writing, and the
employee shall receive such compensation during the period of the leave as the
governing board and the employee may agree upon in writing, which compensation
shall be not less than the difference between the salary of the employee on
leave and the salary of a substitute employee in the position which the
employee held prior to the granting of the leave. However, in lieu of such
difference, the board may pay one-half of the salary of the employee on leave or any
additional amount up to and including the full salary of the employee on leave.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44966




Education Code
EC 44968.5

Leave of absence; no compensation
An employee granted a leave of absence pursuant to Section 44966 or
44967 may agree in writing with the governing board of the school district
not to receive compensation during the period of the leave.

(Enacted by Stats. 1976, Ch. 1010.)

Reference:
Education Code 44966
Education Code 44967




Education Code
EC 44969

Leave of absence; service requirement
Every employee, as a condition to being granted a leave of absence
pursuant to Section 44966, shall agree in writing to render a period of service
in the employ of the governing board of the district following his return
from the leave of absence which is equal to twice the period of the leave.
Compensation granted by the governing board to the employee on leave for less than
one year may be paid during the first year of service rendered in the employ
of the governing board following the return of the employee from the
leave of absence or, in the event that the leave is for a period of one year,
such compensation may be paid in two equal annual installments during the
first two years of such service following the return of the employee. The
compensation shall be paid the employee while on the leave of absence in the same
manner as if the employee were teaching in the district, upon the furnishing
by the employee of a suitable bond indemnifying the governing board of
the district against loss in the event that the employee fai