44830-44929
EDUCATION CODE
SECTION 44830-44929
44830. (a) The governing board of a school district shall employ
for positions requiring certification qualifications, only persons
who possess the qualifications for those positions prescribed by law.
It is contrary to the public policy of this state for a 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) The governing board of a school district shall not 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 is exempted from the
requirement by subdivision (c), (d), (e), (f), (g), (h), (i), (j), or
(k).
(1) The governing board of a school district, with the
authorization of the Commission on Teacher Credentialing, may
administer the state 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 this subdivision, the governing boards of school
districts 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. The governing board of a school district 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 a person pursuant to Section 44252 satisfies the
requirements of this subdivision.
(c) A certificated person is not required to take the state basic
skills proficiency examination if he or she has taken and passed it
at least once, achieved a passing score on any of the tests specified
in subdivision (b) of Section 44252, or possessed a credential
before the enactment of the statute that made the test a requirement.
(d) This section does not 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) This section does not 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) This section does not 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) This section does not require the holder of a credential to
provide service in the health profession to take the state basic
skills proficiency test if that person does not teach in the public
schools.
(h) This section does not require the holder of a designated
subjects special subjects credential to pass the state basic skills
proficiency test as a condition of employment unless the requirements
for the specific credential require 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
the holder of a designated subjects special subjects 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.
(i) This section does not require the holder of a preliminary or
clear designated subjects career technical education teaching
credential to pass the state basic skills proficiency test.
(j) This section does not 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.
(k) Notwithstanding any other law, a school district or county
office of education may hire certificated personnel who have 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
take the test at the earliest opportunity and may remain employed by
the school district pending the receipt of his or her test results.
44830.1. (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.
44830.2. (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.
44830.3. (a) The governing board of any school district that
maintains prekindergarten, kindergarten, or any of grades 1 to 12,
inclusive, classes in bilingual education, or special education
programs, 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 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. These 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, classroom
organization and management, pedagogy, and 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. In addition,
persons holding district intern certificates issued by the commission
pursuant to Section 44325 shall receive orientation in methods of
teaching pupils with disabilities. 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 matter
or matters 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
prekindergarten, kindergarten, or any of grades 1 to 6, inclusive,
including bilingual education classes and special education programs.
(5) Instruction in the culture and methods of teaching bilingual
pupils during the first year of service for district interns teaching
pupils in bilingual classes and, for persons holding district intern
certificates issued by the commission pursuant to Section 44325,
instruction in the etiology and methods of teaching pupils with
disabilities.
(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 shall also include 120
clock hours of mandatory training and supervised fieldwork that
shall include, but not be limited to, instructional practices, and
the procedures and pedagogy of both general education programs and
special education programs that teach pupils with disabilities.
(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 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 required pursuant to
subparagraph (A) or (B) of paragraph (3) of subdivision (b). The
compensation shall be that which is normally provided by each
district for staff development or in-service activity.
(d) Upon completion of service sufficient to meet program
standards and performance assessments, the governing board may
recommend to the Commission on Teacher Credentialing that the
district intern be credentialed in the manner prescribed by Section
44328.
44830.5. 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.
44830.7. 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 on Teacher Credentialing 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.
44831. The governing board of a school district 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 Section 44332.6 before
employment or execution of the contract.
44832. (a) Notwithstanding Section 44842, and except for employees
who are notified pursuant to Section 44955, 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.
44833. 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.
44834. (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.
44834.1. 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.
44834.2. 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.
44835. 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.
44836. (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.
44837. 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.
44838. 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.
44839. (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
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 physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code, a licensed
advanced practice registered nurse acting pursuant to standardized
procedures and protocols in compliance with Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions
Code, or a commissioned medical officer exempted from licensure
pursuant to federal law. 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 or her 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, a physician
assistant practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code, a
licensed advanced practice registered nurse acting pursuant to
standardized procedures and protocols in compliance with Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, or a commissioned medical officer exempted from
licensure pursuant to federal law, 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 or her designee.
(c) The state board shall adopt rules and regulations relating to
the implementation and administration of this section.
44839.5. (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 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, a physician assistant practicing in compliance
with Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code, a licensed advanced practice
registered nurse acting pursuant to standardized procedures and
protocols in compliance with Chapter 6 (commencing with Section 2700)
of Division 2 of the Business and Professions Code, or a
commissioned medical officer exempted from licensure pursuant to
federal law. 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 or
her 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, a physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code, a licensed
advanced practice registered nurse acting pursuant to standardized
procedures and protocols in compliance with Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions
Code, or a commissioned medical officer exempted from licensure
pursuant to federal law, 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 or her
designee.
(c) The state board shall adopt rules and regulations relating to
the implementation and administration of this section.
44840. 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.
44842. (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.
44843. 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.
44844. 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.
44845. 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.
44846. 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.
44847. 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.
44848. 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.
44849. 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.
44850. 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.
44850.1. 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.
44851. 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.
44852. 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.
44853. The governing board of any school district, subject to the
rules and regulations prescribed by the state board, 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 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.
A person shall not be employed as an exchange employee by a school
district in the state unless he or she holds the necessary valid
credential or credentials issued by the Commission on Teacher
Credentialing authorizing the person to serve in a position requiring
certification qualifications in the school district proposing to
employ the person. The commission may establish minimum standards for
the credentials for exchange certificated employees, provided that
no exchange certificated employee shall be required to pay a fee or
other charge for the issuance of any necessary valid credential or
credentials authorizing him or her 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.
44854. 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.
44855. 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.
44856. The governing board of a school district, 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, may conclude arrangements
with the proper authorities of a foreign country, or of a state,
territory, or possession of the United States, for the hiring of
bilingual teachers employed in public or private schools of a foreign
country, state, territory, or possession. To be eligible for
employment, the teacher must speak English fluently. Any persons
employed pursuant to this section shall be known as a "sojourn
certificated employee."
A person shall not be hired as a sojourn certificated employee by
a school district unless he or she holds the necessary valid
credential or credentials issued by the Commission on Teacher
Credentialing authorizing the person to serve in a position requiring
certification qualifications in the school district proposing to
employ him or her. The person may be employed for a period not to
exceed two years, except that thereafter the 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 the 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 the position have
been unsuccessful. The commission shall establish minimum standards
for the credentials for sojourn certificated employees.
44857. 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.
44858. The Legislature hereby declares that it is contrary to the
interest of this state and of the people of the state 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 interview or recommend a person
applying for employment in a position requiring certification on any
basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in this code and in
Section 12940 of the Government Code.
44859. 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.
44860. 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.
44861. 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.
44862. 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.
44863. No teacher holding a special certificate shall be employed
to teach any subject not authorized in the certificate.
44864. Each teacher in a joint elementary district shall hold a
valid certificate in the county in which the schoolhouse is located.
44865. A valid teaching credential issued by the State Board or the
Commission on Teacher Credentialing, 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.
(k) Independent study.
44866. The qualifications of a home instructor of pupils with
physical disabilities 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, or the
Commission on Teacher Credentialing.
44867. 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.
44868. No person shall be employed as a teacher librarian in an
elementary or secondary school, unless he or she holds a valid
credential of proper grade authorizing service as a teacher librarian
or a valid teaching credential issued by the Commission on Teacher
Credentialing if he or she has completed the specialized area of
librarianship.
44869. A teacher librarian, when employed full time as a teacher
librarian or serving full time, partly as a teacher librarian and
partly as a teacher, shall rank as a teacher.
44870. 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.
44871. The qualifications of supervisors of health shall be as
provided in Sections 44873 to 44878, inclusive.
44872. 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.
44873. 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 and 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 contests or
meets.
44874. 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.
44875. 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.
44876. The qualifications for a dental hygienist, dental hygienist
in alternative practice, or dental hygienist in extended functions
shall be a valid license issued by the Dental Hygiene Committee of
California or by the Dental Board 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.
44877. 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.
44878. 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.
44879. 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.
44885.5. (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