Section § 44830

Explanation

This law outlines the requirements for hiring school staff who need specific certifications. It states that school districts must hire only qualified people and must not discriminate based on race, color, religion, sex, or national origin.

All teaching applicants must show basic skills proficiency, unless exempt, either by having passed the test before, holding certain credentials, or other exemptions like teaching adults in apprenticeships. There's also flexibility for hiring substitutes when there’s an emergency need, and districts can test and encourage these potential hires to pass the basic skills test.

Unless required by their specific role, some credential holders are exempt from taking the proficiency exam, particularly those teaching subjects or roles that do not require a bachelor’s degree, or those with higher education degrees.

If someone hasn’t had the chance to take the test, they can still be hired but must take it as soon as possible. If a person holds a bachelor's degree from a recognized institution, they are automatically considered to meet the basic skills proficiency requirement.

(a)CA Education Code § 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)Copy CA Education Code § 44830(b)
(1)Copy CA Education Code § 44830(b)(1) 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 the certificated person’s credential unless that person has demonstrated basic skills proficiency as provided in Section 44252.5 or is exempt from the requirement by subdivision (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m).
(A)CA Education Code § 44830(b)(1)(A) The governing board of a school district, with the authorization of the commission, may administer the state basic skills proficiency test required under Sections 44252 and 44252.5.
(B)CA Education Code § 44830(b)(1)(B) The Superintendent, in conjunction with the commission and local governing boards, shall take steps necessary to ensure the effective implementation of this subdivision.
(2)CA Education Code § 44830(b)(2) 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)CA Education Code § 44830(b)(3) Demonstration of proficiency in reading, writing, and mathematics by a person pursuant to Section 44252 satisfies the requirements of this subdivision.
(c)CA Education Code § 44830(c) A certificated person is not required to take the state basic skills proficiency examination if the certificated person 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)CA Education Code § 44830(d) This section does not require a person employed solely for purposes of teaching adults in an apprenticeship program, approved by the Division of Apprenticeship Standards of the Department of Industrial Relations, to pass the state proficiency assessment instrument as a condition of employment.
(e)CA Education Code § 44830(e) This section does not require the holder of a childcare 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)CA Education Code § 44830(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)CA Education Code § 44830(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)CA Education Code § 44830(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 a school district, the governing board of a consortium of school districts, or a governing board involved in a joint powers agreement that 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)CA Education Code § 44830(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)CA Education Code § 44830(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)CA Education Code § 44830(k) This section does not require a credential applicant who qualifies for an exemption described in paragraph (10) or (11) of subdivision (b) of Section 44252 to take the state basic skills proficiency test.
(l)CA Education Code § 44830(l) 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 the person’s test results.
(m)CA Education Code § 44830(m) A person is deemed to have demonstrated basic skills proficiency if they possess a baccalaureate degree or higher degree from a regionally accredited institution of higher education.

Section § 44830.1

Explanation

This law prohibits school districts from hiring or retaining people convicted of violent or serious felonies for jobs needing certification, like teaching. Those convicted can't stay employed if the conviction is for such felonies, particularly if they are temporary, substitute, or early-stage probationary employees. If a conviction gets overturned, hiring is allowed again. It defines violent and serious felonies based on specific Penal Code sections, including those who plead 'nolo contendere'.

The Department of Justice (DOJ) must notify school districts of applicants' serious convictions, and fees may apply. If a conviction is confirmed, the employee must be put on unpaid leave immediately and could be terminated unless the record is contested and withdrawn by the DOJ. However, those with a certificate of rehabilitation and pardon may still be eligible for employment. The law applies to charter schools as well, and special conditions apply for credential renewal situations.

Information from DOJ is confidential and must be securely handled and destroyed after decisions are made. School districts, including charter schools, must comply with these rules, though exceptions exist for certain charter and certificated employees under specific conditions.

(a)CA Education Code § 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)CA Education Code § 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)Copy CA Education Code § 44830.1(c)
(1)Copy CA Education Code § 44830.1(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)CA Education Code § 44830.1(c)(2) For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3)CA Education Code § 44830.1(c)(3) For purposes of this section, the term “school district” has the same meaning as defined in Section 41302.5.
(d)CA Education Code § 44830.1(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j)CA Education Code § 44830.1(j) Notwithstanding Section 47610, this section applies to a charter school.
(k)CA Education Code § 44830.1(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)CA Education Code § 44830.1(k)(1) The employee’s original application for credential was accompanied by that person’s fingerprints.
(2)CA Education Code § 44830.1(k)(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(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)CA Education Code § 44830.1(n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following:
(1)CA Education Code § 44830.1(n)(1) No recipient may disclose its contents or provide copies of information.
(2)CA Education Code § 44830.1(n)(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)CA Education Code § 44830.1(n)(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)CA Education Code § 44830.1(n)(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.

Section § 44830.2

Explanation

This law allows multiple school districts within a county or adjacent counties to designate one district or a county superintendent to handle employment procedures for part-time or substitute positions needing certification. The designated entity can send fingerprints to the Department of Justice, receive reports about serious or violent felonies, review criminal history records, and maintain common employment eligibility lists. If someone on these lists is convicted of a serious crime, they must be removed from the list, and participating districts will be informed. Criminal history information is confidential and accessed only by authorized personnel. Such information must be stored securely and destroyed after hiring decisions. Agencies must ensure that this data is not disclosed to unauthorized parties and must follow specific regulations regarding the use and security of criminal records.

(a)CA Education Code § 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)CA Education Code § 44830.2(a)(1) Sending fingerprints to the Department of Justice.
(2)CA Education Code § 44830.2(a)(2) Receiving reports of convictions of serious and violent felonies.
(3)CA Education Code § 44830.2(a)(3) Reviewing criminal history records and reports of subsequent arrests from the Department of Justice.
(4)CA Education Code § 44830.2(a)(4) Maintaining common lists of persons eligible for employment.
(b)CA Education Code § 44830.2(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)CA Education Code § 44830.2(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)CA Education Code § 44830.2(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)CA Education Code § 44830.2(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)CA Education Code § 44830.2(f) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following:
(1)CA Education Code § 44830.2(f)(1) No recipient may disclose its contents or provide copies of information.
(2)CA Education Code § 44830.2(f)(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)CA Education Code § 44830.2(f)(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)CA Education Code § 44830.2(f)(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.

Section § 44830.3

Explanation

This law allows school districts to hire district interns as classroom teachers for certain grade levels. These interns must be supported by experienced teachers or college staff and must follow a professional development plan. The plan should include annual evaluations, any necessary courses, and specific training before and during their teaching service. Training covers child development, teaching methods, and may also include bilingual and special education methods. Interns and their supervising teachers are compensated for this training period. Once interns meet program standards, they can be recommended for full teaching credentials.

(a)CA Education Code § 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 a regionally 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)CA Education Code § 44830.3(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 a regionally accredited institution of higher education offering an approved program of pedagogical preparation. The professional development plan shall include all of the following:
(1)CA Education Code § 44830.3(b)(1) Provisions for an annual evaluation of the district intern.
(2)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(b)(3) Mandatory preservice training for district interns tailored to the grade level or class to be taught, through either of the following options:
(A)CA Education Code § 44830.3(b)(3)(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)CA Education Code § 44830.3(b)(3)(B) The successful completion, before service by the intern in any classroom, of six semester units of coursework from a regionally accredited institution of higher education 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)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(b)(6) Any other criteria that may be required by the governing board.
(7)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(b)(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)CA Education Code § 44830.3(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)CA Education Code § 44830.3(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.

Section § 44830.5

Explanation

This law states that it's not beneficial for any school district's governing board to strictly follow ethnic ratios when assigning their certified staff.

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.

Section § 44830.7

Explanation

If you are hired for a teaching job in a California school district and you have a certificate from another state, your job contract must state that you will be fired if California's Commission on Teacher Credentialing tells the district and you that you don't meet the required qualifications for the job you're doing.

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.

Section § 44831

Explanation

This law states that school districts must employ people with the necessary certifications for public school roles. However, a district or county education office can hire someone with a specific license from the Speech-Language Pathology and Audiology Board and a master's degree in communication disorders to provide speech and language services, as long as they meet certain requirements before being hired or contracted.

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.

Section § 44832

Explanation

This law requires classroom teachers in small school districts (with fewer than 2,500 students attending daily) to notify their school district by May 15 each year if they plan to return to teach the following year. However, this does not apply to teachers who receive specific notifications under another section related to staffing changes.

Additionally, the details of this notification requirement can be included in a collective bargaining agreement if the school district and the teachers' union agree.

(a)CA Education Code § 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)CA Education Code § 44832(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)CA Education Code § 44832(c) This section shall apply only to teachers in school districts having an average daily attendance of less than 2,500.

Section § 44833

Explanation

This California law allows students from public or private colleges or universities, who do not have teaching credentials, to work as nonteaching aides in elementary schools or childcare centers. This is permitted despite other existing laws and is conditional upon the following:

(a) The student must be part of a work-study program supported by federal grants under the Economic Opportunity Act of 1964.

(b) Their compensation for the work must partially come from federal grants provided to their college or university.

(c) The Department of Education must determine that the student has no personal or character disabilities that would stop them from receiving teaching credentials if they were otherwise qualified.

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)CA Education Code § 44833(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)CA Education Code § 44833(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)CA Education Code § 44833(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.

Section § 44834

Explanation

This California law allows a school district to employ someone in an administrative or supervisory role without a specific administrative credential if they have a valid teaching credential, 15 years of teaching experience, and have spent the last 10 years teaching subjects like science, humanities, or arts. However, this ability only applies to those who were already working in such roles by January 1, 1991, according to the rules in place on December 31, 1990.

(a)CA Education Code § 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)CA Education Code § 44834(a)(1) He or she holds a valid teaching credential.
(2)CA Education Code § 44834(a)(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)CA Education Code § 44834(a)(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)CA Education Code § 44834(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.

Section § 44834.1

Explanation

Before June 30, 1991, the Commission on Teacher Credentialing was required to create rules allowing certain school district employees to bypass the usual administrative services credential if they are involved in innovative school programs. These exemptions are only applicable in the specific school district that has been approved. Additionally, the law encourages universities to work with school districts and education professionals to develop these creative school programs.

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.

Section § 44834.2

Explanation

This law states that the requirements for obtaining an administrative services credential in education should not only cover theoretical knowledge but also practical skills. It emphasizes that the requirements should be well-balanced with coursework, supervised fieldwork, and experiences that help develop educational leadership skills needed for school administrators.

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.

Section § 44835

Explanation

This law states that a student working as a nonteaching aide in elementary schools or child development centers must not perform any teaching duties. Instead, they can assist with non-teaching tasks under the close supervision of a certified employee, supporting the teaching and administrative work done by certified staff.

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.

Section § 44836

Explanation

This law says public schools in California can't hire people who have been convicted of sex offenses or drug-related crimes, with some exceptions. If someone's conviction is overturned and they're found not guilty or their charges are dropped, they can work in schools. However, if a sex offense involving a minor is dismissed under Penal Code 1203.4, they still can't be employed. Public schools can hire someone with a drug conviction for certain jobs if they have the right teaching credentials.

(a)Copy CA Education Code § 44836(a)
(1)Copy CA Education Code § 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)CA Education Code § 44836(a)(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)Copy CA Education Code § 44836(b)
(1)Copy CA Education Code § 44836(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)CA Education Code § 44836(b)(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)CA Education Code § 44836(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.

Section § 44837

Explanation

This law prohibits school districts from hiring or continuing to employ individuals who have been legally declared as sexual psychopaths. If that legal determination is overturned or dismissed, the individual can be eligible for employment again.

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.

Section § 44838

Explanation

If you're applying for a job at a school that needs certification, the school district's governing board will ask you to provide a statement about your military service. If you have served, you'll need to show a copy of your discharge or release papers. If those documents are unavailable, the board might accept other proof of the conditions of your military service ending.

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.

Section § 44839

Explanation

In California, when hiring someone for a teaching position that requires certification, the school district or county superintendent must ensure the person has a medical certificate proving they are free from diseases that would make it unsuitable for them to teach or be around children. This certificate must be from a licensed medical professional and completed within six months of submitting it. The potential hire pays for this examination. School boards can offer a job conditional upon receiving this certificate, which will then become part of the employee's record.

Current certified employees may also be required to have periodic medical exams at the school's expense to confirm they are free from communicable diseases. These records are also added to personnel files but are accessible by the employees themselves.

The state board is responsible for establishing rules to guide the execution of these laws.

(a)CA Education Code § 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)CA Education Code § 44839(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)CA Education Code § 44839(c) The state board shall adopt rules and regulations relating to the implementation and administration of this section.

Section § 44839.5

Explanation

This law deals with the employment of retirees who are coming back to work in a school setting. Before hiring them, the school must get a medical certificate confirming they don't have any diseases that would stop them from working around kids. A doctor must issue this certificate, based on an exam done within six months before the retiree's first day at work, which the retiree pays for. This certificate becomes part of their employment record and is accessible to them. Schools can also require regular health exams while the retiree is employed to ensure they're still healthy, but these additional exams are paid for by the school. Finally, the state board will set rules for managing these procedures.

(a)CA Education Code § 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)CA Education Code § 44839.5(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)CA Education Code § 44839.5(c) The state board shall adopt rules and regulations relating to the implementation and administration of this section.

Section § 44840

Explanation

In California, teachers and other school employees who need special certification can be hired for the next school year starting March 15. These employees are automatically renewed each year unless specific sections of the law apply, which are not included here. Additionally, schools can hire new certified employees anytime after December 31 for the upcoming school year.

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.

Section § 44841

Explanation

Starting July 1, 2025, schools in California, including school districts, county education offices, charter schools, and state special schools, cannot hire someone for short-term teaching roles unless the person is certified in CPR according to American Heart Association or American Red Cross standards.

Commencing July 1, 2025, a school district, county office of education, charter school, or state special school shall not hire any person for purposes of a short-term staff permit, provisional internship permit, or a teaching permit for statutory leave, as described in Sections 80021, 80021.1, and 80022, respectively, of Article 2 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, unless that person has a certification in cardiopulmonary resuscitation (CPR) that meets the standards established by the American Heart Association or the American Red Cross.

Section § 44842

Explanation

If a school district employee in California doesn't let the school board know whether they'll be returning to work by a specific deadline, their job may be terminated. For typical schools, the deadline is set by notifying the board before July 1, with requests issued by May 30. Year-round schools have an earlier request by April 30, needing a response by June 1. If notified, employees who don't respond can be considered as declining employment and may be terminated on June 30.

If an employee previously confirmed returning but doesn't show up for the new school year without good cause for 20 consecutive days, they could be terminated after proper advance notice from the district. This rule mostly applies to those who had a leave of absence for 20 or more days following April 30 of the previous school year.

(a)CA Education Code § 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)Copy CA Education Code § 44842(b)
(1)Copy CA Education Code § 44842(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)CA Education Code § 44842(b)(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)CA Education Code § 44842(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.

Section § 44843

Explanation

This law requires the local school district's governing board to immediately inform the county superintendent of schools in writing when they hire someone for a job that needs certification. The notice must have specific information, detailed in regulations set by the Superintendent.

The county superintendent of schools shall be given immediate notice in writing by the governing board of the school 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, in regulations that the Superintendent may by this provision adopt.

Section § 44844

Explanation

If you were hired as a probationary or permanent employee before July 1, 1947, your employment officially starts from the date you first began working in a probationary role, unless other sections change this rule.

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.

Section § 44845

Explanation

This law states that any school employee hired after June 30, 1947, is officially considered to have started their employment on the first day they performed paid work in a probationary role.

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.

Section § 44846

Explanation

This law mandates the process for determining reemployment priority for employees who were initially hired on the same day. If these employees are laid off and have a legal preference for rehire, their order of reappointment is decided based on what's best for the district and its students. Employees can request a written explanation of this decision, which must be provided within 15 days, but this doesn't create additional legal rights for them.

Employees or their representatives can access their employment date records upon request. If records are unavailable, the board will decide employment order based on evidence employees can present. Errors in employment order records must be corrected by the governing board as needed. Employment order should comply with relevant sections 44830 to 44855.

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.

Section § 44847

Explanation

This law section explains that when a school is moved from one district to another, the employment start date for employees who move with the school will be determined by when they first began working as probationary employees in the original district. This is based either on when they first accepted their job before July 1, 1947, or when they started getting paid after June 30, 1947.

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.

Section § 44848

Explanation

If a certificated employee quits or is fired for a reason and later rehired, the official start date is when they accepted the new job or began working, depending on whether it's before or after July 1, 1947. If an employee's job ends due to reasons like low enrollment or service stops that legally aren't considered breaks, their original hire date remains unchanged.

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.

Section § 44849

Explanation

This law makes it clear that none of the listed sections and articles from various chapters of the Education Code should be interpreted in a way that takes away a person's right to seek a legal judgment in court. Essentially, it emphasizes that any individual's legal rights and remedies remain protected and accessible through the courts.

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.

Section § 44850

Explanation

This section clarifies that certain California education laws will not override rules about school district employees that are part of a city or county charter, as long as the charter complies with Article XI of the California Constitution. Essentially, if city or county charters have their own rules about school district employees, those rules still stand.

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.

Section § 44850.1

Explanation

Starting July 1, 1978, any school district employees in California who are in leadership roles like department heads or administrative positions under a city or county charter don't automatically get permanent status in those roles. To gain permanent status, they must meet specific criteria laid out by this education code.

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.

Section § 44851

Explanation

This section states that employment agreements made under specific sections of California's Education Code can be changed by the Legislature at any time. This means that if the law changes, the contracts of employees under these sections aren't guaranteed to remain the same.

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.

Section § 44852

Explanation

This law states that it's okay to hire people for positions needing certification in temporary schools or classes, even if their employment is for less than a 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.

Section § 44853

Explanation

This law lets California school districts exchange their credentialed employees with those from other regions, such as foreign countries, other U.S. states or territories, or districts within California. These employees, known as 'exchange certificated employees,' need consent before being exchanged.

While matching the same subject or grade isn't necessary, the professional qualifications should be considered when choosing exchange employees. Each exchange employee must hold the proper teaching credentials valid in California, but they don't have to pay for these credentials.

The exchange agreements can last up to three years, and with everyone's consent, they could become permanent at the end of that period.

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.

Section § 44854

Explanation

If an employee of a California school district takes an exchange position, it won't affect their permanent job classification or any retirement benefits. Their time in the exchange position counts towards their employment status and benefits as if they were still working in their original district position.

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.

Section § 44855

Explanation

This section allows a school district in California to continue paying the regular salary of its teacher who is serving as an exchange teacher outside of the state, as long as there is an agreement with the teacher and the school's governing board. If the district does pay this salary, they will not be responsible for the salary of the exchange teacher from outside the state working in their place.

If the exchange teacher from California is unable to work due to injury, illness, or quarantine, the district is allowed to pay the substitute teacher's salary and deduct that amount from the original teacher's compensation.

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.

Section § 44856

Explanation

This law allows California school districts to hire bilingual teachers from other countries or U.S. regions to teach bilingual, world language, or cultural enrichment programs. These teachers are called 'sojourn certificated employees' and must speak English fluently. They also need specific credentials to be eligible for hire.

Such employment is initially limited to two years but can be extended annually to a maximum of five years if the school district can prove that ending the employment would harm the educational program and if they have unsuccessfully tried to hire a qualified California teacher. The state commission sets the credential requirements for these positions.

(a)CA Education Code § 44856(a) The governing board of a school district, for the purposes of providing bilingual instruction, world language instruction, or cultural enrichment, in the schools of the school 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.”
(b)CA Education Code § 44856(b) 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 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 school district that termination of the employment would adversely affect an existing bilingual or world 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.

Section § 44857

Explanation

Anyone employed by a school district in California for a job that requires a teaching or educational certification must register their valid certification with the district within 60 days of starting their job. They need to do this following the guidelines of a specific section, 44330. When they renew their certification, they must also register the renewed document within 60 days. If they hold a particular diploma from the California State University or state teachers college and have presented it and registered with the county superintendent, they are considered already registered under that same section.

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.

Section § 44858

Explanation

This law says that when a school district is hiring for jobs that need special certification, they can't refuse to interview or recommend someone for any reason that is considered discriminatory under certain sections of the California Government Code. Exceptions exist as outlined in the Government Code.

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.

Section § 44859

Explanation

This law says that school districts cannot require job candidates to live in the district for positions that need certification, like teaching roles. They also can't give preference to candidates or employees based on whether they live in the district. The point is to ensure that all qualified people can apply for these jobs based on their skills, not where they live, and that the school system is open to everyone equally.

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.

Section § 44860

Explanation

This law states that to be employed as a principal at a school with six or more certified staff members in California, a person must have a valid school administration credential. Additionally, they must hold either a teaching credential or a services credential specializing in areas like pupil personnel, health, clinical or rehabilitative, or librarian services.

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.

Section § 44861

Explanation

This law permits a substitute principal, who has a valid teaching credential for the same grade level as the school, to temporarily fill the principal's role during an emergency for up to five months in a school year. They do not need to meet the usual qualification requirements specified in another section (44860) for this specific situation.

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.

Section § 44862

Explanation

To be eligible to teach in any public school or to receive a teaching certificate in the state, a person must be at least 18 years old.

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.

Section § 44863

Explanation

A teacher with a special certificate can only teach the subjects that are specifically allowed by that certificate. They can't teach other subjects.

No teacher holding a special certificate shall be employed to teach any subject not authorized in the certificate.

Section § 44864

Explanation
Teachers working in a joint elementary district must have a valid teaching certificate issued by the county where their school is located.
Each teacher in a joint elementary district shall hold a valid certificate in the county in which the schoolhouse is located.

Section § 44865

Explanation

This law says that if you have a teaching credential from the California State Board or the Commission on Teacher Credentialing, and it’s based on a bachelor’s degree, student teaching, and special skills, you qualify to be assigned as a teacher in specific types of educational settings. However, you must agree to the assignment. These settings include being a home teacher, teaching adult classes, and working in places like hospitals, small high schools, continuation schools, alternative schools, and various community and juvenile schools, or through independent study.

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)CA Education Code § 44865(a) Home teacher.
(b)CA Education Code § 44865(b) Classes organized primarily for adults.
(c)CA Education Code § 44865(c) Hospital classes.
(d)CA Education Code § 44865(d) Necessary small high schools.
(e)CA Education Code § 44865(e) Continuation schools.
(f)CA Education Code § 44865(f) Alternative schools.
(g)CA Education Code § 44865(g) Opportunity schools.
(h)CA Education Code § 44865(h) Juvenile court schools.
(i)CA Education Code § 44865(i) County community schools.
(j)CA Education Code § 44865(j) District community day schools.
(k)CA Education Code § 44865(k) Independent study.

Section § 44866

Explanation

To teach students with physical disabilities at home, an instructor must have a valid teaching credential or a credential that allows them to teach exceptional children in a specialized area. This certification must be issued by the state board or the Commission on Teacher Credentialing.

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.

Section § 44867

Explanation

This law states that teachers working in opportunity schools, classes, or programs must meet the same qualifications and be hired in the same way as teachers in other elementary and secondary schools within the same school district, unless Section 44865 says otherwise.

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.

Section § 44868

Explanation

To work as a teacher librarian in an elementary or secondary school, a person must have the right credential. This can be either a teacher librarian credential or a teaching credential with a focus on librarianship, both of which need to be authorized by the Commission on Teacher Credentialing.

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.

Section § 44869

Explanation

In California, if a teacher is working full-time as a teacher librarian, or splitting their time between being a teacher librarian and a teacher, they are considered to have the same status as a regular teacher.

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.

Section § 44870

Explanation

An individual cannot supervise teachers for more than half of a school week unless they have both a valid teaching certificate for the specific schools or classes they will supervise and a valid supervision certificate.

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.

Section § 44871

Explanation

This law states that the qualifications needed to become a health supervisor are detailed in Sections 44873 to 44878.

The qualifications of supervisors of health shall be as provided in Sections 44873 to 44878, inclusive.

Section § 44872

Explanation

This section explains that for certain legal rules (Sections 44873 to 44878), a 'health services credential' or 'standard designated services credential in health' also refers to a community college health services credential when these services are offered to students in grades 13 and 14.

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.

Section § 44873

Explanation

This law specifies the qualifications needed for physicians and surgeons who are employed by a school district in California. If they work half-time or more, they must have a valid medical license from the state's medical boards, as well as a health-related services credential or an old credential issued before November 23, 1970. Those working less than half-time just need a valid medical license. School districts can hire these professionals for medical services and must provide them with liability insurance. Medical services include tasks performed during high school sports events.

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.

Section § 44874

Explanation

This law explains that to work as a psychologist or social worker in a California school district, a person must have a valid certificate from the appropriate state agency and a services credential specializing in health. School districts are allowed to hire and pay those who meet these qualifications.

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.

Section § 44875

Explanation

This law states that to work as a dentist in a school district, you need a valid certificate from the Board of Dental Examiners and a specialized health services credential. Alternatively, having a valid credential issued before November 23, 1970, is also acceptable. School districts can employ and pay dentists who meet these criteria.

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.

Section § 44876

Explanation

To be a dental hygienist in California, including those in alternative practice or with extended functions, you need a current license from the Dental Hygiene Board of California or the Dental Board of California. Additionally, you must have one of the following: a health and development credential, a standard designated services credential specializing in health, or a services credential specializing in health.

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 Board 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.

Section § 44877

Explanation

To be a nurse in the California school system, you need a valid registration certificate from the California nursing boards and specific credentials related to health services. These credentials allow you to serve as a school nurse, but don't let you teach unless you complete additional health teaching requirements.

Since January 1, 1981, nurses also need to show they've been trained in recognizing and addressing child abuse and neglect. This training can be through ongoing education programs.

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.

Section § 44878

Explanation

To work as an optometrist in a school district, you must have a valid certificate from the State Board of Optometry and a health specialization services credential, or an equivalent credential issued before November 23, 1970. School districts can hire and pay optometrists who meet these qualifications.

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.

Section § 44879

Explanation

To work as an audiometrist under school health services, you need a valid certificate, license, or registration from the California state agency that oversees these credentials. This ensures you're legally qualified to perform audiometric services.

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.

Section § 44885.5

Explanation

This section explains how district interns become probationary and then potentially permanent employees in a school district. Initially, those hired as district interns are categorized as probationary employees. These individuals can be dismissed or suspended following certain procedures. After completing their internship and being rehired for another year in a certified position, they are classified as permanent employees if reelected for a subsequent year. The school district's governing board must notify these employees by March 15 if they will be rehired. If no notice is provided by that date, the employee is considered rehired automatically for the next school year.

(a)CA Education Code § 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 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)CA Education Code § 44885.5(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.

Section § 44893

Explanation

If a permanent teacher moves into an administrative or supervisory role, or takes on any special assignments or titles that need certification, they still keep their status as a permanent classroom 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.

Section § 44894

Explanation

This law explains what happens to permanent school employees in California when they take on different roles requiring certifications. If an employee qualified for a non-teaching position gets promoted to an administrative or supervisory role, they keep their permanent status in their original job type.

For employees who hold certification to work in multiple positions, here's what happens: If they're qualified to teach, they'll achieve permanent status as teachers. If not, they become permanent staff below the administrative level, with the school board deciding their specific assignments.

(a)CA Education Code § 44894(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)CA Education Code § 44894(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)CA Education Code § 44894(b)(1) If he is authorized to render service as a classroom teacher, he shall acquire permanent status as a classroom teacher.
(2)CA Education Code § 44894(b)(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.

Section § 44895

Explanation

If you are a permanent employee and you are moved to a job that requires certain certifications, you keep your permanent job status. This includes roles like administrative or supervisory positions that need those certifications.

But, if you are moved to a position that does not need those certifications, whether it's a special job or a new classification, different rules apply about whether you keep your permanent job status. You'll need to refer to another part of the law, starting at Section 44060, for those details.

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.

Section § 44896

Explanation

If someone working in a certified administrative or supervisory role in a school is moved to a teaching job, the school district's governing board must provide a written explanation for the transfer if the person requests it. If the reason for the transfer includes incompetence, there must be an evaluation completed within 60 days prior to the notice of transfer.

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.

Section § 44897

Explanation

If someone works in a school as an administrator or supervisor and their job requires certain qualifications, they can become a permanent classroom teacher after passing a probation period. This is automatic in larger districts with 250 or more students attending every day. In smaller districts, with fewer than 250 students, the district can choose to do this. Additionally, these employees have specific rules to follow, which are detailed in another section, Section 44956.5.

(a)CA Education Code § 44897(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)CA Education Code § 44897(b) Persons classified pursuant to this section are subject to the limitations contained in Section 44956.5.

Section § 44898

Explanation

This law states that if a school district hires someone in an administrative or supervisory role requiring specific certification, and they have a four-year employment contract, the district must decide by May 15 of their third year whether to give them a permanent position as a classroom teacher. This decision applies to those new to the district or those without a previous four-year contract. If approved, they become a permanent 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.

Section § 44899

Explanation

If someone works in an administrative or supervisory role for multiple school districts, they can choose one district to get permanent status. If the employee works in a district within a city that has its own charter, different permanent status rules might apply based on that charter.

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.

Section § 44900

Explanation

This law means that if a teacher with a permanent job status in one school district transfers to another district under the same superintendent while on leave, they can obtain permanent job status in the new district. This happens if they work in the new district for a second year, and then their permanent status in the original district will end.

Any certificated employee having permanent classification in a district, who is granted a leave of absence and transfers to another district which is under the supervision of the same chief administrative officer or district superintendent as the district from which the employee is on leave, may acquire permanent classification in the district to which he transferred if he is employed for a second year in that district, at which time his permanent classification in the district from which he transferred shall expire.

Section § 44901

Explanation
This law explains how a certificated employee, like a teacher, can become a permanent employee in certain school districts. If you've worked in two or more districts with 250 or more students and shared staff for either three consecutive years (if probation started before 1983–84) or two consecutive years (if probation started during or after 1983–84), you're eligible to be a permanent employee in the third or fourth year, respectively, in the last district you worked. The district must notify you about your role by March 15 of your final probation year. If they don’t, you're automatically re-elected for the next year.
(a)CA Education Code § 44901(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)CA Education Code § 44901(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.

Section § 44902.1

Explanation

This law states that teachers who were working in a high school district that got reorganized into a new, unified school district in 1980 can have their pay and experience from the old district recognized by the new district. Essentially, they can continue on the unified district’s salary scale and keep their credited years of service and seniority. Their start date as probationary employees might align with when they started in the old district.

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.

Section § 44902.2

Explanation

This law explains what happens to teachers when a union high school district becomes part of a new unified school district. If they worked in the schools being taken over, they have the right to be hired for the next school year (1980-81). The new unified district can also choose to hire more teachers from the old district, but it's not required to do so.

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.

Section § 44903

Explanation

This law explains how permanent status is determined for teachers when small school districts with fewer than 250 students merge with larger districts. If a teacher has worked for three consecutive years in a small district before the merge, they immediately become a permanent employee when they start working in the new, larger district. The rule applies to mergers effective from January 1, 1979, onwards. The probationary period for permanent status starts from the teacher's first full year in the small district.

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.

Section § 44903.7

Explanation

This law deals with the rights of certificated employees (like teachers) when local plans for educating students with exceptional needs are changed. If a teacher is affected by special education program restructuring (like getting reassigned, transferred, or finding new employment with another employer), they maintain their seniority and classification. Their years of service and status are carried over to the new district or county, impacting their salary placement. Teachers who are moved maintain a priority to be rehired in special education positions within the same district or county for 24 months. If they are terminated because of a reorganization, they have first rights to new job openings in similar positions for a certain period—39 months if they are permanent employees and 24 months for probational ones—as long as they are under 65 years old.

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)CA Education Code § 44903.7(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)CA Education Code § 44903.7(a)(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)CA Education Code § 44903.7(a)(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)CA Education Code § 44903.7(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)CA Education Code § 44903.7(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)CA Education Code § 44903.7(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.

Section § 44907

Explanation

When a school district employee retires under a retirement law, they are automatically dismissed from their job at the end of the school year. This does not apply if they are retiring due to disability under the Teachers' Retirement Law.

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.

Section § 44908

Explanation

This law states that a probationary school employee is considered to have completed a full school year if they have worked at least 75% of the days that schools in their district operate. For those in adult education programs, completing 75% of a full-time position's hours similarly counts as a complete year of work.

However, if there is a conflict between this rule and an existing collective bargaining agreement (a contract between the school district and a teachers' union) that was made before July 1, 2024, the agreement takes precedence until it expires or is renewed.

This law will take effect on July 1, 2024.

(a)Copy CA Education Code § 44908(a)
(1)Copy CA Education Code § 44908(a)(1) 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 school district in which the employee is employed are maintained shall be deemed to have served a complete school year.
(2)CA Education Code § 44908(a)(2) In the case of adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75 percent of the number of hours constituting a full-time equivalent position for adult education programs in the school district, as described in paragraph (3) of subdivision (b) of Section 22138.5, shall be deemed a complete school year.
(b)CA Education Code § 44908(b) To the extent that this section, as amended, repealed, and added by Assembly Bill 897 of the 2023–24 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before July 1, 2024, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 897 of the 2023–24 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement.
(c)CA Education Code § 44908(c) This section shall become operative on July 1, 2024.

Section § 44909

Explanation

This law allows school districts in California to hire credentialed teachers specifically for special programs or projects that are funded by outside sources and not required by federal or state law. The employment terms must be written down, including job duration and funding source.

Time spent working under these projects doesn't count toward permanent teacher status unless specified conditions are met. Teachers can be hired for shorter durations and let go when the project's funding ends, without the usual processes that protect permanent or probationary employees.

If a teacher from a regular program is temporarily moved to such a special project and another teacher is hired to cover them, this replacement teacher must follow certain employment rules. The rule doesn't apply to teachers already working as probationary employees or those teaching adult classes. It's set to take effect on July 1, 2024.

(a)Copy CA Education Code § 44909(a)
(1)Copy CA Education Code § 44909(a)(1) The governing board of a 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 that 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 of the school district and the agreement shall be reduced to writing. The expected end date of employment, the source of funding, and the nature of the categorically funded program or project shall also be included in this writing.
(2)CA Education Code § 44909(a)(2) 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 (A) the person has served pursuant to this section for at least 75 percent of the number of days the regular schools of the school district by which the person is employed are maintained, and (B) the person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods that 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.
(b)CA Education Code § 44909(b) Whenever a certificated employee in the regular educational program is assigned to a categorically funded project not required by federal or state statute and the school district employs an additional credentialed person to replace that certificated employee, the replacement certificated employee shall be subject to Section 44918.
(c)CA Education Code § 44909(c) This section does not apply to a 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.
(d)CA Education Code § 44909(d) This section does not apply to a teacher of classes for adults.
(e)CA Education Code § 44909(e) This section shall become operative on July 1, 2024.

Section § 44910

Explanation

This law states that being an instructor at regional occupational centers or programs doesn't count towards becoming a permanent employee of a school district. However, if you're a regularly credentialed teacher already employed in a regular role and then assigned to teach in such programs, this rule doesn't apply to you. Also, if you were a permanent or probationary teacher at the time this law took effect, your status won't be affected. From July 1, 2025, though, teaching in regional occupational centers within a single district will count towards becoming a permanent employee in that district.

(a)Copy CA Education Code § 44910(a)
(1)Copy CA Education Code § 44910(a)(1) 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 for, classification as a permanent employee of a school district.
(2)CA Education Code § 44910(a)(2) This subdivision 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.
(b)CA Education Code § 44910(b) Notwithstanding the prohibition prescribed in subdivision (a), commencing July 1, 2025, service by a person as an instructor in classes conducted at a regional occupational center or program operated by a single school district, as authorized pursuant to Section 52301, shall be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a single school district.

Section § 44911

Explanation

If you're teaching with a provisional credential, that experience doesn't count toward becoming a permanent employee at a school district. However, if you have a one-year emergency credential under specific conditions, this rule doesn't apply to you.

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.

Section § 44912

Explanation

If you're teaching basic military drill in a high school cadet program, that work doesn't count towards becoming a permanent employee in a school district.

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.

Section § 44913

Explanation

This section clarifies that working as a teacher in a summer school program does not help you become a permanent employee in a school district. Summer school work doesn't count toward the time you need to earn permanent employment status. This rule simply states what the law already was, with no changes.

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.

Section § 44914

Explanation

This law allows a school district's governing board to count a year worked as a substitute, or a combination of substitute and probationary employee, as part of the probationary period needed to become a permanent employee. This applies if the employee has worked as a substitute for at least 75% of the school days in that year and has already completed one full year as a probationary employee in a certified position.

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.

Section § 44915

Explanation

This law requires school districts to classify employees who need certification for their jobs as 'probationary' if they're not already considered permanent or substitute employees. It's essentially about how to label newer employees or those not fully permanent in their teaching roles.

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.

Section § 44916

Explanation

When a school district in California hires a new teacher or certificated staff member, they must give them a written statement at the start of their employment. This statement should outline the employee's status and salary. If the teacher is hired as a temporary worker, the statement must clearly say this and include the duration of the temporary job. If it doesn't specify that the job is temporary, the employee is considered a probationary worker, unless they were hired with permanent status.

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.

Section § 44917

Explanation

This law says that school districts must label people who fill in for absent teachers as substitute employees, except in certain cases. After September 1, schools can hire anyone qualified as a substitute if no regular teacher is available, but they must show they've tried to find a permanent teacher to get approval. If someone works one full year as a temporary teacher and gets hired again the next year, they're considered a probationary employee, which counts as a first step toward becoming a permanent teacher.

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 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 on Teacher Credentialing.
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.

Section § 44918

Explanation

This law explains that if a substitute or temporary school employee works for at least 75% of the school year doing primary teaching duties, they are considered to have completed a full year as a probationary employee if they are hired in that role the following year. Such employees should be rehired to fill any vacancies unless specifically released under certain conditions.

If a temporary or substitute employee is released under specific conditions but continues to work for two years, meeting the 75% threshold each year, they should get priority for any vacancies at their previous grade level or subject taught, assuming the district decides to fill that position.

Substitute employees filling an on-call, daily replacement role do not receive these benefits. Regular and probationary employees who have been laid off have an superior claim to vacancies over temporary and substitute workers, even those becoming probationary workers under this rule. This rule does not apply to school districts with more than 250,000 average daily attendance.

(a)CA Education Code § 44918(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)CA Education Code § 44918(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)CA Education Code § 44918(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)CA Education Code § 44918(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)CA Education Code § 44918(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)CA Education Code § 44918(f) This section shall not apply to any school district in which the average daily attendance is in excess of 250,000.

Section § 44919

Explanation

This law explains how school districts in California should classify certain employees as temporary. If a teacher or certified person is hired for tasks lasting up to three months, like teaching temporary classes or working with migratory populations, they are considered temporary employees. If they work longer than this period, and they are not permanent yet, they become probationary employees. Special rules apply for those supervising school athletics, giving priority to current teachers, but this role does not count toward gaining permanent status. In emergencies, districts can appoint someone temporarily for up to 20 days, which also doesn't contribute to achieving permanent employment status.

(a)CA Education Code § 44919(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)CA Education Code § 44919(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)CA Education Code § 44919(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.

Section § 44920

Explanation

This section allows a school district's governing board to hire a person as a temporary teacher for an entire school year or at least a semester, if they need more teachers because a regular teacher is on leave or sick long-term. The temporary teacher must have the right certification.

If a temporary teacher works for a whole school year and is rehired the next year for an empty position needing a certified teacher, they will be classified as a probationary employee, and their previous temporary year counts towards gaining permanent status.

An empty position is one that isn't already filled by a permanent or probationary employee, unless that employee is on leave.

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.

Section § 44921

Explanation

Unified or high school districts in California can hire teachers as temporary employees for the first semester if they expect fewer students in the second semester due to midyear graduations. These temporary positions are based on anticipated enrollment drops decided by the school board. If these employees continue working beyond the first semester, they become probationary employees for the whole school year.

Temporary employees should be rehired for the next semester or year if there are vacant positions that they're qualified to fill, as determined by school board guidelines. A 'vacant position' is one that isn't filled by a permanent or probationary employee, and doesn't include spots temporarily vacant due to employee leave.

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.

Section § 44922

Explanation

This law allows school districts in California to let their certified employees switch from full-time to part-time work while keeping their retirement benefits. There are specific rules to be eligible for this, mainly depending on the employee's retirement program.

If you're under the State Teachers’ Retirement Plan, you must follow Section 22713. If you're covered by the Public Employees’ Retirement System, you need to be at least 55, have worked full-time for at least 10 years (with the last 5 years consistently full-time), and request part-time work. Your option to work part-time generally lasts up to 5 years or until you turn 70. Part-time employees retain their benefits just like full-time workers, including health benefits.

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 22713 of this code or Section 20900 of the Government Code:
(a)CA Education Code § 44922(a) For employees subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement Plan, the regulations shall include all requirements for participation in the reduced workload program pursuant to Section 22713.
(b)CA Education Code § 44922(b) For employees subject to coverage under the Public Employees’ Retirement System:
(1)CA Education Code § 44922(b)(1) The employee shall have reached the age of 55 years of age prior to reduction in workload.
(2)CA Education Code § 44922(b)(2) 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.
(3)CA Education Code § 44922(b)(3) 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.
(4)CA Education Code § 44922(b)(4) 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.
(5)CA Education Code § 44922(b)(5) 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.
(6)CA Education Code § 44922(b)(6) 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.
(7)CA Education Code § 44922(b)(7) 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.
(8)CA Education Code § 44922(b)(8) The period of part-time employment shall not extend beyond the end of the school year during which the employee reaches his or her 70th birthday.
(c)Copy CA Education Code § 44922(c)
(1)Copy CA Education Code § 44922(c)(1) The employee shall be paid a salary that 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.
(2)CA Education Code § 44922(c)(2) The employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time employee.

Section § 44923

Explanation

If a school district employee in California has a full-time, permanent position, the district's governing board can end any extra assignments or jobs that the employee takes on in addition to their main role at any time.

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.

Section § 44924

Explanation

This law states that school employees cannot make contracts that waive their rights provided in this chapter, unless specified otherwise in certain sections. It also allows school districts to hire certified personnel on a part-time basis, regardless of other code sections.

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.

Section § 44925

Explanation

This law allows school district boards to hire or contract part-time or limited-term reader assistants to help teachers with grading and analyzing students' writing and math assignments. These reader assistants do not need certification, and the board can decide their pay rates. The goal is to improve student writing and math without increasing class sizes. The hiring of these assistants is not meant to interfere with public employment standards but is seen as a practical method since the work is mainly done part-time and at home.

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.

Section § 44926

Explanation

This law allows school districts to hire qualified individuals with a temporary certificate as teacher-assistants, provided they are currently students at a California teacher training institution. Their work won't count toward becoming a permanent school district employee.

The district can decide how much to pay these teacher-assistants for their work, and their employment is exempt from certain state employment laws.

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.

Section § 44927

Explanation

This law allows school districts, county education boards, or the Department of Education in California to make agreements with teacher-training institutions for swapping teaching personnel. Teachers can be temporarily reassigned to these institutions or vice versa for up to a year.

The contract must ensure that either the assigned teachers are paid by their new employers or that there's a personnel exchange between institutions. While on assignment, teachers retain their employment status with their original employers.

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.

Section § 44928

Explanation

This law mandates that no school district with over 250,000 students can have more than 5% of its teaching staff holding only an emergency credential. Substitutes are not counted in this percentage. However, there are exceptions for emergency credentials in specialized areas like bilingual education, or for special education covering learning, severe, or physical handicaps.

(a)CA Education Code § 44928(a) No school in any school district having an average daily attendance in excess of 250,000 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.
(b)CA Education Code § 44928(b) 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.

Section § 44929

Explanation

This law allows school districts or county education offices to offer an incentive for early retirement to their teachers if it benefits the district or office financially. If they decide it's worthwhile to do so, they can give retiring teachers two extra years of service credit toward their retirement plan. This applies only if certain conditions are met, as outlined in another section of the law.

Whenever the governing board of a school district or a county office of education, by formal action, 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 result in a net savings to the district or county office of education, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to a certificated employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied.