Education Code — Part 24 | EDC — United States — California law | Esheria

Education Code

Part 24 of 57 · provisions 4,601–4,800

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 42643.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    County superintendents must keep a public register of warrants and may set rules for certain fiscally accountable school districts to retain warrant copies and supporting documents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42643. The superintendent of schools of each county shall keep, open to the inspection of the public, a register of warrants, showing the fund upon which the requisitions have been drawn, the number, in whose favor, and for what purpose they were drawn. The county superintendent shall prescribe rules for school districts he determines to be fiscally accountable, pursuant to Section 42650, that retain copies of warrants and supporting documents within the district files. (Amended by Stats. 1977, Ch. 36.)
  2. 42644.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district boards must apply this section when required by employee petition, and smaller districts may do so when petitioned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42644. Orders for the payment of wages and payroll orders for the payment of wages of employees employed full time in positions not requiring certification qualifications shall be drawn twice during each calendar month on days designated in advance by the governing board of each school district to which this section is made applicable. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. The governing board of each school district which has an average daily attendance of 5,000 or more, and the governing board of each school district with an average daily attendance of less than 5,000 in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, shall make the provisions of this section applicable to the board, whenever a majority of the employees of the district employed full time in positions not requiring certification qualifications petition the board in writing to do so. The governing board of a school district which has an average daily attendance of less than 5,000, other than such a school district situated in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, may, on the petition in writing of a majority of the employees of the district employed full time in positions not requiring certification qualifications, make the provisions of this section applicable to the board. (Enacted by Stats. 1976, Ch. 1010.)
  3. 42645.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    In large unified school districts, wage orders and warrants may be issued on a schedule set in advance by the district board, and wages earned during each payroll period must be paid by the eighth working day of the next payroll period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42645. In any unified school district with 100,000 or more average daily attendance as an alternative to the payment procedures prescribed by Section 42644, orders for the payment of wages, and payroll orders for the payment of wages and warrants for the payment of wages of employees employed full time in positions not requiring certification qualifications shall be drawn once each two weeks, twice a month, or once each four weeks on days designated in advance by the governing board of the district. Labor performed during each such payroll period shall be paid for not later than the eighth working day of the following payroll period. (Enacted by Stats. 1976, Ch. 1010.)
  4. 42646.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may set a payroll procedure for designated districts, if approved by specified officials, and the procedure can control how payroll warrants and salary payments are issued.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42646. In any county, the county superintendent of schools, with the approval of the Superintendent of Public Instruction, the county board of education, and the county auditor, may prescribe a payroll procedure, to be followed by designated districts in the county, under which the school district governing boards, by use of payroll orders, shall authorize and direct the county superintendent of schools and the county auditor to draw separate payroll warrants in the names of the individual district employees for the respective amounts set forth therein to the end that each employee may be furnished with a statement of the amount earned and an itemization of the amounts withheld therefrom under requirements of the law or by direction of the employee. The payroll warrants shall show the closing date of the pay period for which issued and the date of issue and a statement that it is drawn by order of the governing board of the district and shall bear the signature of the county auditor. To obtain the advantage of a uniform pay period and pay date within school districts, the payroll procedure may specify the ending date of the pay period and, notwithstanding Sections 42644, 45040, and 45048, the date of issue for payroll warrants, except that the issue date shall be on or before the 10th calendar day following the end of the pay period. The payroll procedure may provide for salary payments, including salary advances, more frequently than once a month. The payroll procedure may provide for payroll orders authorizing salary payments to individual employees on a continuing basis until notifications of changes or adjustments are submitted by the school districts, provided that an itemized listing of payments made under this procedure is furnished to the school district on or before the date of issue of the payroll warrants. The payroll order may direct the transfer from the districts’ funds to a clearing fund in the county treasury, to be known as the schools payroll revolving fund, of the total of the amount of the payroll warrants to be issued under the order to the end that payroll warrants for all districts may be drawn against a single revolving fund. The payroll order may further direct the transfer from the districts’ funds of the totals of the various deductions set forth therein to the trust funds in the county treasury entitled to receive credit for them and may further direct the proper disbursement of such trust amounts. When the payroll procedure provides for payment of salary once each month the payment shall be made on the last working day of the month as required by Section 45166. (Amended by Stats. 1987, Ch. 1452, Sec. 355.)
  5. 42646.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district may establish a payroll clearance fund to consolidate and balance payroll deductions and related payroll accounting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42646.3. A payroll clearance fund, for the purpose of consolidating and balancing payroll deductions and other payroll accounting purposes for one or more school district employees whose salary is paid from one or more funds, may be established by the governing board of the school district or, if the district operates under the payroll procedures set forth in Section 42646, by the county superintendent of schools. (Added by Stats. 1987, Ch. 586, Sec. 6.)
  6. 42647.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section lets certain school districts issue warrants on the county treasurer if approved by the Superintendent of Public Instruction, and it requires related reporting, recordkeeping, and accounting-control review steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42647. With the approval of the Superintendent of Public Instruction, the governing board of a unified school district, or district with over 10,000 average daily attendance, may cause to be drawn all warrants on the county treasurer against all the funds, except debt service, of the district in the county treasury in the payment of the expenses of the district. The warrants shall be issued by a person designated as the district auditor or district disbursing officer for the school district on the county treasurer in favor of the persons entitled thereto in payment of all claims chargeable against the district which have been legally examined, allowed, and ordered paid by the governing board. The district auditor shall issue warrants on the county treasurer for all debts and demands against the district when the amounts are fixed by law. The form of the warrant shall be as prescribed by the governing board and approved by the county auditor or county treasurer having jurisdiction. Notwithstanding Section 42631, the cost of printing the warrants shall be borne by the district. No county officer shall be responsible for producing reports, statements, and other data relating to or based on these payments of the expenses of the districts. Those districts issuing warrants as provided by this section shall provide the county superintendent of schools, in the form prescribed by him or her, with the data necessary to make retirement reports and other reports required of him or her by law. All warrants, vouchers, and supporting documents shall be kept by the school districts that draw their own warrants. Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county treasurer shall pay the warrant, if money is available. Notwithstanding Section 41000, except for assessing and tax collecting, the county auditor and the county treasurer may charge those districts that draw their own warrants for the cost of all fiscal services. The person authorized by the governing board of the district to issue warrants pursuant to this section shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his or her duties under this section. A county superintendent of schools or a county auditor shall not be liable under the terms of their bonds or otherwise for any warrant issued pursuant to this section. It is not intended that this provision shall be applied so as to impair the obligation of any contract in the bond of the officer in effect on the effective date of this section. A listing of the warrants issued under this section by each school district shall be forwarded to the county auditor having jurisdiction, upon his or her request, and to the county superintendent of schools having jurisdiction over the district on the same day warrants are issued. The listing, which may be magnetic tape, punched cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which the warrant is drawn. The form and content of the warrant listing shall be as prescribed by the governing board and approved by the county auditor having jurisdiction. Each unified school district or district with over 10,000 average daily attendance that issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his or her request, a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. In order to obtain the approval of the Superintendent of Public Instruction, a unified school district, or district with over 10,000 average daily attendance, shall file a written application with the county superintendent of schools of jurisdiction. Upon receipt of an application from the district, the county superintendent of schools shall cause a survey to be made of the district’s accounting controls by an independent certified public accountant or public accountant in accordance with standards prescribed by the Controller. The certified public accountant or public accountant shall report his or her findings and recommendations to the county superintendent, county auditor, and to the applicant district. The county superintendent shall forward the district’s application, together with his or her other recommendations and the recommendations of the county auditor and a report of the survey, to the Superintendent of Public Instruction for approval or disapproval of the application. The Superintendent of Public Instruction shall approve the application only if he or she finds that the accounting controls of the district are adequate. If the Superintendent of Public Instruction determines that these controls are inadequate, he or she shall disapprove the application. The county superintendent of schools shall be reimbursed for all costs incident to the accounting controls survey made pursuant to the district’s application from the district’s funds. When approved by the Superintendent of Public Instruction, the issuance of warrants pursuant to this section shall be effective at the beginning of the fiscal year if the approval had been made prior to the preceding first day in January. If the issuance of warrants has been disapproved, the Superintendent of Public Instruction and the county superintendent of schools shall state the specific steps that must be taken by the school district in order to receive approval. If at any time the county superintendent of schools determines that the accounting controls of the district have become inadequate, he or she may recommend to the Superintendent of Public Instruction that the approval be revoked, to be effective on the first day of the following fiscal year. (Amended by Stats. 1995, Ch. 530, Sec. 16. Effective January 1, 1996.)
  7. 42648.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section applies a Government Code article to certain school districts and changes two references in that article for this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42648. The provisions of Article 3 (commencing with Section 29850) of Chapter 5 of Division 3 of Title 3 of the Government Code shall be applicable to any unified school district, or district with over 10,000 average daily attendance authorized to issue warrants pursuant to Section 42647; except that whenever any reference is made in said Article 3 to (1) the county auditor, or (2) the general fund of the county, such reference shall be deemed, for purposes of this section, to be to (1) the person authorized to issue warrants pursuant to Section 42647, and (2) the general fund of the school district, respectively. (Enacted by Stats. 1976, Ch. 1010.)
  8. 42649.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    In certain counties, the county superintendent of schools performs the county auditor’s duties for these warrants, sends the warrant listing to the county auditor the same day, and the county treasurer must pay warrants signed by the superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42649.5. In a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, the duties of the county auditor specified in this article shall be performed by the county superintendent of schools. A listing of all warrants approved and allowed by the county superintendent of schools pursuant to this section shall be forwarded to the county auditor on the same day the warrants are forwarded to the school district or the payee. The form of the warrant and the form and content of the warrant listing shall be as prescribed by the county auditor. Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county auditor, the county treasurer in counties subject to this section shall pay warrants which are signed by the county superintendent of schools, and the county auditor shall not be liable under his bond or otherwise for a warrant issued pursuant to this section. This section shall apply only in those counties in which the county board of supervisors has adopted its provisions by resolution. (Added by renumbering Section 42649 (as added by Stats. 1977, Ch. 533) by Stats. 1981, Ch. 714, Sec. 90.)
  9. 42650.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section lets school districts issue warrants from county treasury funds with county superintendent approval and sets reporting, audit, bond, and review requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42650. With the approval of the county superintendent of schools, the governing board of a school district may cause warrants to be drawn on the county treasury against designated funds, except debt service, of the district in the county treasury in the payment of expenses of the district. The warrants for salary and other types of claims designated by the county superintendent shall be issued by a person designated as the district disbursing officer for the school district on the county treasury in favor of the persons entitled thereto in payment of all claims in designated categories chargeable against the district which have been legally examined, allowed, and ordered paid by the governing board. The district disbursing officer shall issue warrants, using procedures prescribed by the county auditor, on the county treasury for all debts and demands, within categories designated by the county superintendent, against the district when amounts are legally approved. The form of the warrant shall be prescribed by, and approved by, the county auditor or county treasurer having jurisdiction. The cost of printing warrants may be charged to the district. Notwithstanding Section 41000, except for assessing and tax collecting, the county auditor and county treasurer may charge those districts that draw their own warrants for the cost of all fiscal services. Notwithstanding Section 27005 of the Government Code, or any other provision of law requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county superintendent and county auditor may prescribe alternative procedures for districts to issue warrants. The district disbursing officer shall not be considered a deputy county superintendent of schools or a deputy county auditor. The county treasurer shall pay the warrant in the designated category, if district funds are available. County officers shall not be responsible for providing reports, statements, or other data relating to, or based on, the designated payments of expenses of the district. Those districts issuing warrants, as provided by this section, shall provide the county superintendent of schools, in the form prescribed by him, with the data necessary to make retirement reports and other reports required of him by law. All warrants, vouchers, and supporting documents shall be kept by school districts that draw their own warrants in those designated categories. The county superintendent shall provide for a periodic review of the districts’ financial transactions and internal control pursuant to Section 1241.5. County superintendents of schools may provide fiscal, budgetary, and data-processing services through contractual agreements to school districts that have been determined to be fiscally accountable under the provisions of this section. The person authorized by the governing board of the district to issue warrants, pursuant to this section, shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his duties under this section. A county superintendent or county auditor shall not be liable under the terms of their bonds or otherwise for any warrant issued pursuant to this section. This section shall not be construed as impairing the obligation of any contract in the bond of such officer in effect on January 1, 1977. A listing of the warrants issued under this section by each school district shall be forwarded to the county auditor having jurisdiction, upon his request, and to the county superintendent of schools having jurisdiction over the district on the same day warrants are issued. The listing, which may be on magnetic tape, punched cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which drawn. The form and content of the warrant listing shall be as prescribed by the county auditor or county superintendent and approved by the county auditor or county superintendent having jurisdiction. Each district which issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his request, a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. In order to obtain the approval of the county superintendent of schools and county auditor for fiscally accountable status, the governing board of a school district shall file a written application with the county superintendent of schools and county auditor having jurisdiction on forms which the county superintendent shall prescribe. Upon receipt of an application from the district, the county superintendent shall cause an audit to be made of the district’s management and accounting controls, in accordance with standards prescribed by him, by an independent certified public accountant or public accountant approved by the county superintendent, who shall report his findings and recommendations to the county superintendent and to the applicant district. The audit report may include Department of Finance guidelines and other assessments of fiscal management as required by the county superintendent or the audit may be the report of the annual district audit pursuant to Section 41020 if that is acceptable to the county superintendent of schools. The cost of the audit required in support of a district’s application for fiscal accountability shall be borne by the applicant district. The county superintendent and county auditor shall review the district’s application and report of financial management and control and may approve the application if they find the management and accounting controls of the district to be adequate. If the county superintendent and county auditor determine that such management and accounting controls are inadequate, they shall disapprove the application. A district that applies for fiscal accountability status shall file its written application with the county superintendent of schools on or before September 1. The required audit of financial management and accounting controls shall be filed on or before January 1. When a district’s application for fiscal accountability status has been approved by the county superintendent of schools and county auditor, the issuance of warrants by the district pursuant to this section shall be effective at the beginning of a fiscal year, provided that approval had been made prior to the preceding first day in March. If disapproved, the county superintendent of schools shall state the specific steps which must be taken by the applicant school district to receive approval and these changes shall be certified as completed by an independent certified public accountant or public accountant before the county superintendent shall approve the application. If at any time the county superintendent of schools or the county auditor determines that the financial management or accounting controls of the district have become inadequate, either such officer may revoke approval for fiscal accountability status effective immediately. (Amended by Stats. 2001, Ch. 734, Sec. 23. Effective October 11, 2001.)
  10. 42651.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may authorize certain financial institutions to disburse benefits, but only if the written authorization meets specific content and signing requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42651. (a) The governing board of a school district may authorize a bank, savings and loan association, or credit union in which school district deferred compensation funds are invested pursuant to Section 53609 of the Government Code, to disburse benefits to eligible school district employees or retired employees, or their beneficiaries, provided the following conditions are met: (1) No payment shall be made to any person by the bank, savings and loan association, or credit union unless authorized in writing by the school district. (2) Written authorization from a school district to a bank, savings and loan association, or credit union to make a payment shall include the name of each person to receive payment and the amount each person is to receive. (3) The written authorization shall be signed by a majority of the members of the governing board of the district or by a person or persons authorized by the governing board to sign the authorization, so long as such person or persons is an officer or an employee of the district. (b) The bank, savings and loan association, or credit union authorized to disburse funds pursuant to this section shall be considered an agent of the school district for the purposes of this section. (Added by Stats. 1981, Ch. 92, Sec. 3.)
  11. 42652.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s warrant-drawing approval may be revoked or suspended if the district has a qualified or negative certification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42652. (a) The approval of a school district to draw all warrants on the county treasury pursuant to Section 42647 may be revoked or suspended by the Superintendent of Public Instruction for any school district that has a qualified or negative certification pursuant to Section 42131. (b) The approval of a school district to draw warrants on the county treasury pursuant to Section 42650 may be revoked or suspended by the county superintendent of schools for any school district that has a qualified or negative certification pursuant to Section 42131. (Added by Stats. 1993, Ch. 924, Sec. 16. Effective January 1, 1994.)
  12. 42661.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Void Warrants [42661 - 42662] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district retirement system warrant becomes void if it is not presented to the county treasurer within two years after issuance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Void Warrants [42661 - 42662] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42661. Any warrant drawn on the funds of a district retirement system and issued to the claimant thereof but not presented for payment to the county treasurer within two years after it was issued is void and the proceeds of such warrants shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system. The county auditor shall each month inform the county superintendent of schools of warrants which have become void during the preceding month, and the county superintendent of schools shall transmit such information to the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.)
  13. 42662.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Void Warrants [42661 - 42662] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools must keep a record of all orders or warrants that have become void.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Void Warrants [42661 - 42662] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42662. The county superintendent of schools shall keep a record of all orders, or warrants which have become void. (Enacted by Stats. 1976, Ch. 1010.)
  14. 42670.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district order is a valid claim but there are no funds available, the county superintendent of schools must mark it “Not approved for want of funds” and record it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42670. When any order against the funds of a school district is presented to the county superintendent of schools, and the order constitutes a valid claim against the funds of the district, and moneys are not available in the funds of the district from which to pay the order, he shall endorse on the order the words “Not approved for want of funds” and shall register the order in the records of his office. (Enacted by Stats. 1976, Ch. 1010.)
  15. 42671.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools must number and date a registered order, send it to the school district’s governing board, and the order must be delivered to the payee or the payee’s order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42671. The county superintendent of schools shall number and date the registered order and shall transmit the registered order to the governing board of the school district which drew the order, and it shall deliver the registered order to the payee or his order. From the date of registration the registered order shall bear interest at the rate of 5 percent per annum until the date upon which notice is given, pursuant to this article, that the county superintendent of schools is ready to approve the registered order. (Enacted by Stats. 1976, Ch. 1010.)
  16. 42672.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When money is available, the county superintendent of schools must publish or post notice that the order is ready to be approved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42672. Whenever moneys are available for the payment of the registered order the county superintendent of schools shall give notice, in a newspaper published in the county, or if there is no newspaper, by written notice posted at the courthouse, stating that he is ready to approve the order. The notice may list any number of registered orders of one or more districts for the payment of which moneys are available, giving the name or names of the district or districts and listing the registered orders in the order of registration for each district. (Enacted by Stats. 1976, Ch. 1010.)
  17. 42673.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools must hold enough district funds for 60 days after notice to pay the listed registered orders.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42673. At the time of giving the notice the county superintendent of schools shall set aside in the funds of each district for a period of 60 days the amount necessary for the payment of the registered orders of the district listed in the notice. If any registered order is not presented to the county superintendent of schools for payment within 60 days after the notice has been given, and moneys are not available to pay the registered order at the time of presentation, it shall not be approved until money becomes available for that purpose and notice is again given that the county superintendent of schools is ready to pay it. (Enacted by Stats. 1976, Ch. 1010.)
  18. 42674.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools must approve and sign district registered orders in the order presented, and must record the interest due and total amount payable on each one.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42674. The county superintendent of schools shall approve the registered orders of each district, and sign them as requisitions on the county auditor, in the order of their presentation. He shall enter on each the amount of interest due and the total amount, including principal and interest, payable. Each approved registered order shall thereupon be governed by the procedure established in this code relative to payments from school district funds. (Enacted by Stats. 1976, Ch. 1010.)
  19. 42675.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If two or more registered orders are presented at the same time, on the same date, and against the same district’s funds, the county superintendent of schools and county auditor may treat them as requisitions and warrants, and the county superintendent may also issue a special interest requisition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42675. As an alternative to the method provided in Section 42674, when any corporation, firm, or person presents two or more registered orders for payment at the same time, registered on the same date, and issued against the funds of the same district, the registered orders may be approved, allowed, and consecutively numbered by the county superintendent of schools and the county auditor as requisitions and warrants on the funds of the district, and a special interest requisition may be issued by the county superintendent of schools against the funds of the district for the total amount of the interest payable on the registered orders. (Enacted by Stats. 1976, Ch. 1010.)
  20. 42676.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A special interest requisition must state a specified payment notation on its face.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42676. The special interest requisition shall bear upon its face substantially the following notation: “In full payment of interest due on warrants numbered __ to __, inclusive, of the ____ School District.” (Enacted by Stats. 1976, Ch. 1010.)
  21. 42677.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools and county auditor must number the special interest requisition, using the next number after the last requisition or warrant number mentioned in Section 42675.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42677. The special interest requisition shall be numbered by the county superintendent of schools and county auditor, being given the number immediately succeeding the number assigned to the last of the requisitions and warrants referred to in Section 42675. (Enacted by Stats. 1976, Ch. 1010.)
  22. 42678.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools must send monthly interest reports to the county treasurer and county auditor, and also give a written report to the district clerk or secretary when transmitting approved registered orders.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 42678. The county superintendent of schools shall report to the county treasurer and the county auditor within 10 days after the end of each month the amount of the interest computed pursuant to this article. The report shall show each district for which interest has been computed, the numbers of the registered orders for which the interest is to be paid, and the total amount of the interest charged to each district. He shall also, upon transmitting to the governing board of any school district registered orders which have been approved and allowed as warrants against the funds of the district, report in writing to the clerk or secretary of the district the amount of interest computed on the registered orders and the numbers of the registered orders for which the interest is to be paid. (Enacted by Stats. 1976, Ch. 1010.)
  23. 42690.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county board of supervisors may adopt a resolution to use this article’s method for registering school district orders instead of the Article 6 method.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 42690. In lieu of the method provided in Article 6 (commencing with Section 42670) of this chapter for the registration of school district orders, the provisions of this article may be followed upon resolution adopted by the county board of supervisors of any county. (Enacted by Stats. 1976, Ch. 1010.)
  24. 42691.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district order cannot be paid because the fund has insufficient money, the county superintendent and county auditor must process it through a requisition and warrant procedure.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 42691. When any order on school district funds is received by the county superintendent of schools and there is insufficient money in the fund or funds against which the order is drawn to pay the order in full, the county superintendent shall endorse on the order “to be registered for lack of sufficient funds,” sign, date, and number it as a requisition on the county auditor, and transmit the requisition to the county auditor. The county auditor shall endorse on the order “examined and allowed,” sign, date, and number it as a warrant on the county treasurer, and return the warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to his order. (Enacted by Stats. 1976, Ch. 1010.)
  25. 42692.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a warrant is presented for payment, the county treasurer must endorse, register, advertise, and pay it, with interest at 5% per year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 42692. When the warrant is presented to the county treasurer for payment, he shall endorse, register, advertise, and pay it, with interest at the rate of 5 percent per annum, in the manner prescribed, as nearly as may be, for county warrants in Sections 29821 to 29824, inclusive, and Sections 29826 and 29827 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  26. 42693.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the warrants are not presented again for payment within 60 days after the Government Code notice, the treasurer must use the set-aside fund to pay unpaid warrants in registry order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 42693. If the warrants are not again presented for payment within 60 days from the time the notice provided for in Section 29823 of the Government Code is given, the fund set aside for the payment of the warrants shall be applied by the treasurer to the payment of unpaid warrants next in order of registry. (Enacted by Stats. 1976, Ch. 1010.)
  27. 42694.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county auditor must send a monthly interest report to the superintendent of schools within 10 days after each month ends, and the superintendent must immediately send a written report to each district clerk or secretary about the interest paid for that district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 42694. Within 10 days after the end of each month, the county auditor shall report to the superintendent of schools the amount of interest added to registered warrants and paid during the preceding month. The report shall show each district to whose registered warrants, paid during the month covered by the report, interest was added and the amount of the interest for the district. The superintendent of schools shall immediately report, in writing, to the clerk or secretary of each district for which interest was paid, the amount of the interest paid for the district. (Enacted by Stats. 1976, Ch. 1010.)
  28. 42800.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    A school district board may create a revolving cash fund only with county superintendent consent, and it must send certified copies of the resolution.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42800. (a) The governing board of a school district may, with the consent of the county superintendent of schools, establish a revolving cash fund for the use of the chief accounting officer of the school district, by adopting a resolution setting forth the necessity for the revolving cash fund, the officer for whom and the purposes for which the revolving cash fund shall be available, and the amount of the fund. The purposes for which the revolving cash fund shall be available shall include the purposes specified in Section 45167. Three certified copies of the resolution shall be transmitted to the county superintendent of schools. If he or she approves the establishment of the fund, the county superintendent of schools shall endorse his or her consent on the resolution and return one copy to the governing board of the school district, and transmit one copy to the county auditor. (b) The maximum amount allowed for revolving cash funds established pursuant to subdivision (a) shall be the lesser of: (1) Two percent of the school district’s estimated expenditures for the current fiscal year, or (2) A dollar amount limit of seventy-five thousand dollars ($75,000) for any elementary school or high school district and one hundred fifty thousand dollars ($150,000) for any unified school district for fiscal year 1990–91. The dollar amount limit for each school district shall, through the 2012–13 fiscal year, be increased annually by the percentage increase in the school district’s revenue limit established by Section 42238, as that section read on January 1, 2013. The dollar amount limit for each school district shall thereafter be increased annually by the percentage increase in the school district’s local control funding formula allocation established pursuant to Section 42238.02, as implemented pursuant to Section 42238.03. (Amended by Stats. 2015, Ch. 303, Sec. 83. (AB 731) Effective January 1, 2016.)
  29. 42801.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    An officer responsible for a revolving cash fund must file a bond with the district, unless subdivision (b) applies; the bond must be at least twice the fund amount and cover faithful administration and repayment on demand.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42801. (a) Except as otherwise provided in subdivision (b) of this section, the officer for whose use the revolving cash fund is created shall file with the governing body of the district a bond in favor of the district, executed by him as principal and by a surety company authorized under the laws of the state to execute bonds as surety, in an amount not less than double the amount of the revolving cash fund. The bond shall be conditioned upon the faithful administration of the revolving cash fund and upon the willingness and ability of the principal to account for and pay over the revolving cash fund at any time upon the demand of the governing board of the district. The premium on the bond shall be a legal charge against the district, payable from the funds of the district. (b) In lieu of the bond required by subdivision (a) of this section, an officer may be bonded as provided by Section 41021. (Enacted by Stats. 1976, Ch. 1010.)
  30. 42801.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    A school district governing board may use insurance instead of indemnity bonds for losses caused by an employee or officer, if the insurance gives the district at least the same protection as a bond.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42801.5. Notwithstanding the requirement to provide for indemnity bonds pursuant to Sections 42650 and 42801, the governing board of a school district may, in lieu thereof, insure against losses caused by an employee or an officer of a school district if the insurance gives the same or greater protection to the school district that a bond would provide in indemnifying the school district against any loss caused by the employee or officer of the district. (Added by Stats. 1994, Ch. 330, Sec. 1. Effective January 1, 1995.)
  31. 42802.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    No bond is required if the revolving cash fund never exceeds $25.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42802. No bond shall be required when the revolving cash fund does not at any time exceed twenty-five dollars ($25). (Enacted by Stats. 1976, Ch. 1010.)
  32. 42803.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    The district board must issue and transmit an order for the revolving cash fund, and the county superintendent, county auditor, and county treasurer each have specified steps to process it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42803. The governing board of the district shall draw an order, on the form and in the manner required by law for order, requisition, and warrant for the payment of school moneys, payable from the county or special fund of the district, in favor of the officer for whose use the revolving cash fund is created, for the amount of the revolving cash fund, and transmit the order to the county superintendent of schools accompanied by the bond and a certified copy of the resolution. Upon his approving the order, the county superintendent of schools shall detach and retain the bond. Upon his allowing and signing the warrant, the county auditor shall detach and retain the certified copy of the resolution and the county treasurer shall pay the warrant. (Enacted by Stats. 1976, Ch. 1010.)
  33. 42804.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    Rules for managing a school district revolving fund: spending is limited, receipts are required, reimbursements must be documented, and the fund may be held in one or more banks.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42804. The person entrusted with the revolving fund shall not be authorized to expend any portion of the fund except for services or material, the securing or purchasing of which is a legal charge against the district, and no expenditure shall be made unless a receipt is obtained therefor setting forth the date and the purpose of the expenditure and the amount expended. The governing board of any school district may establish and account for the revolving fund in one or more banks. The account shall be known as “The Revolving Fund Account of (insert name of district) District” and shall be established in the custody of the officer for whose use the revolving cash fund is created who shall be responsible for the payment into the account or accounts of all moneys required to be reimbursed into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board prescribes. A bill shall be presented to the district monthly, or oftener if necessary, for the reimbursement of the fund in the same manner as other bills are presented. Bills shall be supported by the receipts required. All sums received in payment of the bills shall be returned to the revolving cash fund or bank account or accounts and each person entrusted with the revolving cash fund shall, upon demand of the county superintendent of schools or the county auditor or of the governing board of the district, give an account of the fund. (Enacted by Stats. 1976, Ch. 1010.)
  34. 42805.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    The district board may reduce or stop a revolving cash fund. If it does, the person using the fund must immediately return or refund the required amount, and then gets a reasonable time to recover reimbursable expenses with bills to the school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42805. The governing board of the district may at any time reduce or discontinue any revolving cash fund established by its order. Whenever the fund is ordered reduced the person using it shall immediately return to the county treasury the amount necessary to reduce the fund, as ordered by the board. If the fund is discontinued, the person using it shall immediately refund the amount thereof to the county treasurer. In either event a reasonable time shall be allowed the person to reimburse himself by bills presented to the school district for expenditures legally made from the fund. (Enacted by Stats. 1976, Ch. 1010.)
  35. 42806.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. )

    Verify source ↗

    The county superintendent of schools may create a revolving cash fund only with county board of education consent, and the fund amount is capped.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Revolving Cash Fund [42800 - 42806] ( Heading of Article 1 renumbered from Article 7 by Stats. 1979, Ch. 373. ) ## 42806. The county superintendent of schools may, with the consent of the county board of education, establish a revolving cash fund for the use of the chief accounting officer of the county superintendent of schools, by adopting a resolution setting forth the necessity for the revolving cash fund, the officer for whom and the purposes for which the revolving cash fund shall be available, and the amount of the fund. The purposes for which the revolving cash fund shall be available shall include the purposes specified in Section 45167. The amount of the fund shall not be more than 2 percent of the estimated expenditures of the county superintendent of schools for the current fiscal year and shall not in any event exceed thirty thousand dollars ($30,000). Three certified copies of the resolution shall be transmitted to the county board of education. If the county board of education approves the establishment of the fund, the chairman shall endorse his consent on the resolution and return one copy to the county superintendent of schools and transmit one copy to the county auditor. (Amended by Stats. 1981, Ch. 191, Sec. 1.)
  36. 42810.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Alternative Revolving Cash Fund [42810- 42810.] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards and county superintendents may create revolving cash funds by resolution, but the funds are limited and cannot be used for lobbying, entertainment, or non-classroom purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Alternative Revolving Cash Fund [42810- 42810.] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42810. In addition to establishing or maintaining a revolving cash fund under Article 1 (commencing with Section 42800), the governing board of any school district or any county superintendent of schools may, by resolution, establish revolving cash funds for use by school principals and other administrative officials designated by the governing board and acting in accordance with regulations prescribed by the governing board, for services or matériel and for the purposes specified in Section 45167. The resolution shall set forth the necessity for the revolving cash funds, the principals of schools and other administrative officials of the school district designated by the governing board, the purposes for which the revolving cash funds shall be made available, and the amount of the funds. No funds maintained in any revolving cash fund established pursuant to this section shall be available for the purposes of attempting to influence government decisions, entertainment, or any other purpose not related to classroom instruction. The total amount of the funds for each district or county superintendent of schools shall not exceed 3 percent of the current year’s instructional supply budget. The governing board of any school district or any county superintendent of schools may establish a checking account for the revolving fund in one or more banks. The account shall be established in the custody of the principal or other administrative official designated by the governing board for whose use the revolving cash fund is created. The principal or administrative official in whose name the revolving cash fund is created shall be responsible for all expenditures therefrom, subject to regulations that the governing board prescribes. The governing board shall provide for an audit of the funds on a regular basis. The revolving cash fund for supplies shall be subject to the bonding provisions of Section 42801. (Amended by Stats. 1989, Ch. 1256, Sec. 11. Effective October 1, 1989.)
  37. 42820.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Prepayment Funds [42820 - 42821] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may create a federally insured revolving cash fund to pay bills, and may move money from district funds in the county treasury to set it up.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Prepayment Funds [42820 - 42821] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42820. The governing board of any school district may establish a revolving cash fund in any bank or other institution whose deposits are federally insured, for the purpose of paying bills as prescribed in Section 42821. Article 1 (commencing with Section 42800) of this chapter shall not apply to the revolving cash fund established pursuant to this article. The governing board may appropriate money from the county or joint school district fund in the county treasury belonging to the school district to establish the revolving cash fund. The maximum amount in the revolving cash fund shall be as follows: (a) In a school district with 20,000 or more units of average daily attendance, ten thousand dollars ($10,000). (b) In a school district with 5,000 or more, but less than 20,000, units of average daily attendance, five thousand dollars ($5,000). (c) In a school district with 500 or more, but less than 5,000, units of average daily attendance, two thousand five hundred dollars ($2,500). (d) In a school district with less than 500 units of average daily attendance, one thousand dollars ($1,000). (Amended by Stats. 1992, Ch. 115, Sec. 2. Effective January 1, 1993.)
  38. 42821.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Prepayment Funds [42820 - 42821] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board that has set up a revolving cash fund must name one or more people to make certain small check payments and must require monthly payment lists.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Prepayment Funds [42820 - 42821] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42821. The governing board of any school district that has established a revolving cash fund pursuant to Section 42820 shall designate a person or persons who shall be authorized to make immediate payments by check, drawn on the revolving cash fund, for purchases in an amount of one thousand dollars ($1,000) or less, including tax and freight, or at the time of preparing the order for those purchases to make the check payable to the vendor permitting him or her to fill in the amount to be paid upon shipment of the purchases, the check to state on its face that it is not valid for more than one thousand dollars ($1,000). A monthly list of the payments shall be submitted to the governing board by the designated person or persons for approval. Upon approval of those expenditures by the governing board, the clerk of the governing board shall draw an order for the replenishment of the revolving cash fund from the county or joint school district fund in the county treasury belonging to the school district. The order shall be treated in the same manner as prescribed for payment of other claims against the funds of the school district. Any person who issues a check drawn on the revolving cash fund shall be personally liable for the amount of the check only if the expenditure is in violation of rules and regulations established by the governing board with respect to the revolving cash fund. (Amended by Stats. 1987, Ch. 1452, Sec. 357.)
  39. 42830.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards may establish revolving funds for school merchandise stock if they adopt the required resolution and submit certified copies to the county superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42830. The governing board of any elementary school district or high school district, may, if the school district maintains a stock of merchandise for school use, establish a revolving fund for budget control and stock accounting purposes, by adopting a resolution setting forth the necessity for the revolving fund, the purpose for which it shall be used and the amount thereof. Three certified copies of the resolutions shall be submitted to the county superintendent of schools, who, if he approves the establishment of the fund, shall endorse his consent upon the resolution, return one copy to the governing board of the school district and transmit one copy to the county auditor. The governing boards of two or more school districts of any type may, if the school districts maintain a stock of merchandise for school use, establish a common revolving fund for budget control and stock accounting purposes, by adopting a resolution of each district setting forth the necessity for the revolving fund, the purpose for which it shall be used and the amount thereof. Three certified copies of the resolutions shall be submitted to the county superintendent of schools, who, if he approves the establishment of the fund, shall endorse his consent upon the resolution, return one copy to the governing board of the school districts and transmit one copy to the county auditor. (Enacted by Stats. 1976, Ch. 1010.)
  40. 42831.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Warrants used to restore the revolving fund must be made payable to the revolving fund of the school district or districts that established it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42831. Amounts expended from the revolving fund are restored thereto through payments into the revolving fund by warrants drawn on the various funds of the districts, including building funds, for shipments from stores for the use of the districts. The warrants shall be made payable to the “revolving fund of ____ (Here insert name or names of the school district or school districts establishing the fund.)” (Amended by Stats. 1977, Ch. 36.)
  41. 42832.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A revolving fund established under this section must be used to buy stores for stock and may also pay costs of receiving, storing, and delivering stores.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42832. The revolving fund, when established, shall be used for the purchase of stores to be placed in stock and may be used for the payment of costs of receiving, storing, and delivering stores. Purchases shall be made in the manner prescribed by law. Nothing contained in this article shall be construed as repealing any other provisions of law relating to school district funds. (Enacted by Stats. 1976, Ch. 1010.)
  42. 42833.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county treasurer must keep the revolving fund as a separate fund, and it may be used only for purposes allowed by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42833. The revolving fund shall be kept by the county treasurer as a separate fund and shall be subject to such uses only as are provided by law. (Enacted by Stats. 1976, Ch. 1010.)
  43. 42840.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may accumulate funds over multiple school years for capital outlay, related employee salaries, or other non-capital-outlay purposes, if the funds come from district taxes, balances, or other sources and are not required for another use.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42840. The governing board of a school district may provide for the accumulation over a period of school years of funds for capital outlay purposes and salaries of school district employees whose work is directly related to projects financed by those funds, derived from the receipt of taxes levied for the district and from other sources including balances, and not required to be used for other than capital outlay purposes. The governing board of a school district may also provide for the accumulation over a period of school years of funds for other than capital outlay purposes, derived from the receipt of taxes levied for the district and from other sources including balances, and not required to be used for capital outlay purposes. (Amended by Stats. 1987, Ch. 917, Sec. 26.)
  44. 42841.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district special reserve fund must be established when identical copies of the governing board’s resolution are filed with the listed county officials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42841. Upon the filing of identical copies of a resolution of the governing board with the superintendent of schools, auditor, and treasurer of the county specifying the purpose or purposes of a special reserve fund, the fund shall be established for such purpose or purposes. From time to time thereafter, the governing board may file identical copies of resolutions specifying additional purposes of the fund or withdrawing any purpose previously designated. The auditor and treasurer shall transfer from the general fund to the special reserve fund of the district such amounts as may be specified by the governing board during the fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  45. 42842.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board may use special reserve fund money for specified capital outlay purposes, unless the purpose was withdrawn, and may also use it for general operating purposes if the money is not actually encumbered for ongoing expenses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42842. (a) The governing board may expend the money in the special reserve fund for capital outlay for the purpose or purposes specified in any resolution filed pursuant to Section 42841 unless the purpose has been withdrawn pursuant to that section. In addition, unless actually encumbered for ongoing expenses, the governing board may expend the money in the fund for the general operating purposes of the district. (b) The governing board of a school district may expend the money in the special reserve fund that is maintained for purposes other than capital outlay in accordance with this section. Any moneys to be expended from this special reserve fund first shall be transferred into the general fund of the district. (Amended by Stats. 1992, Ch. 759, Sec. 17. Effective September 21, 1992.)
  46. 42843.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the district governing board makes a written request, the county auditor and treasurer must move any remaining special reserve fund money into the district’s general fund and stop the special reserve fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Special Reserve Fund [42840 - 42843] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 42843. Any moneys remaining in the special reserve fund of the district shall be transferred to the general fund of the district by the auditor and treasurer upon written request to the superintendent of schools, auditor, and treasurer of the county by the governing board of the district, and the auditor and treasurer shall discontinue the special reserve fund. (Amended by Stats. 1992, Ch. 759, Sec. 17.5. Effective September 21, 1992.)
  47. 42850.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Retiree Benefit Funds [42850- 42850.] ( Article 6 added by Stats. 1987, Ch. 586, Sec. 7. )

    Verify source ↗

    A school district governing board may set up a pension and employee benefits fund, move money into it from other funds, and must follow warrant approval rules when making payments from the fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ( Chapter 10 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Retiree Benefit Funds [42850- 42850.] ( Article 6 added by Stats. 1987, Ch. 586, Sec. 7. ) ## 42850. The governing board of any school district may establish a fund for pension and other employee benefits to accumulate restricted moneys from salary reduction agreements, other contributions for employee retirement benefit payments, or both. Moneys may be transferred to the fund from other funds by periodic expense charges, in amounts based on existing and future obligation requirements. Payments from the pension plan and other employee benefits fund for insurance, annuities, administrative costs, or any other authorized purpose shall be made in accordance with all warrant approval requirements applicable under this code. (Amended by Stats. 2002, Ch. 1168, Sec. 28. Effective September 30, 2002.)
  48. 42920.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    This section explains that Foster Youth Services supports the education of pupils in foster care and should help coordinate services and capacity building while still allowing direct services when local needs are unmet.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42920. The Legislature finds and declares all of the following: (a) The Foster Youth Services (FYS) program has been a successful program that supports the educational achievement of pupils in foster care. This success has contributed to landmark California education finance reform that prioritizes the educational needs of pupils in foster care. (b) The county office of education FYS program is uniquely situated to support interagency collaboration and capacity building, both at the system and individual pupil level, focused on improving educational outcomes for pupils in foster care. This is a key component to the successful implementation of the local control funding formula (LCFF). The FYS program should support and facilitate such collaboration and capacity building while preserving the ability to provide direct services such as tutoring, mentoring, counseling, transition, school-based social work, and emancipation assistance when there are identified gaps in service at the local level and the local Executive Advisory Council establishes that these services are needed and aligned with local control and accountability plan priorities. (c) Pupils in foster care will benefit from increased levels of supports and services as a result of the FYS program supporting implementation of the LCFF for pupils in foster care. (d) Pupils in foster care represent one of the most vulnerable and academically at-promise pupil groups enrolled in California schools. The academic status of pupils in foster care is often profoundly impacted by the foster care system in which many pupils in foster care experience multiple placements with an average frequency of one placement change every six months. Due to this movement, pupils in foster care lose an average of four to six months of educational attainment with each move. Therefore, it is essential to recognize, identify, and plan for the critical and unique educational needs of pupils in foster care. (e) A high percentage of pupils in foster care are working substantially below grade level, and over one-half of the pupils in foster care are retained at least one year in the same grade level. Pupils in foster care earn lower grades and achieve lower scores on standardized achievements tests in reading and mathematics, have lower levels of engagement in school, and are half as likely as pupils not in foster care to be involved in extracurricular activities. The long-term consequences of poor academic experiences are significant. Pupils in foster care are twice as likely as pupils not in foster care to drop out of school before graduation and only 45 percent of pupils in foster care have graduated from high school at the time of emancipation. Foster youth are similarly underrepresented in college enrollment rates and dramatically underperform their peers in relation to college completion. Pupils in foster care are also subject to disproportionate levels of disciplinary measures, including suspension and expulsion. It is imperative that California close the foster youth achievement gap so that pupils in foster care can realize their full potential, reach their college and career goals, and become independent, productive members of society. (f) Foster youth are an especially vulnerable pupil population, as they are often also members of other underserved pupil groups. In 2013, the demographic data of pupils in foster care in California were as follows: (1) The largest ethnic group amongst pupils in foster care was Hispanic, with nearly half of the population. (2) African American and Native American pupils continue to be disproportionately represented in the child welfare system, as researchers found that 26 percent of pupils in foster care were African American despite African Americans only accounting for 7 percent of the pupil population in California, and 2 percent of pupils in foster care were Native American despite Native Americans only accounting for 1 percent of the pupil population in California. (3) Nearly one in five pupils in foster care had special education needs, which is over twice the rate of the statewide pupil population. (4) More than 1 in 10 pupils in foster care were English learners. (5) A significant number of youth in foster care identify as lesbian, gay, bisexual, transgender, queer, questioning, or gender nonconforming. (g) Compounded by the research that indicates that there is a need for California to close the achievement gap between specific ethnic pupil populations and White pupils, addressing the foster youth achievement gap will further efforts that support education equity for all pupils. (h) Given their current academic status, pupils in foster care are more likely to achieve their full potential when they are provided services and programs designed to meet their particular needs, including, but not limited to, supplemental instruction, counseling, tutoring, support services offered to lesbian, gay, bisexual, transgender, queer, questioning, and gender nonconforming youth, and other assistance relevant to their experience. (i) Policies and laws addressing the educational rights of pupils in foster care must be implemented so that pupils in foster care are immediately enrolled in school, provided access to meaningful opportunities to meet state pupil academic achievement standards to which all pupils are held, provided access to a rigorous curriculum, adequately prepared to enter postsecondary education, and afforded the academic resources, services, and extracurricular and enrichment activities made available to other pupils enrolled in California’s public schools, including, but not limited to, interscholastic sports administered by the California Interscholastic Federation. In fulfilling their responsibilities to these pupils, educators, county placing agencies, caregivers, advocates, and the juvenile courts will work together to ensure that each pupil is placed in the least restrictive educational environment. (j) Foster youth services programs provide pupils in foster care needed educational support and are a state priority. (Amended by Stats. 2019, Ch. 800, Sec. 8. (AB 413) Effective January 1, 2020.)
  49. 42920.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    This section creates the Foster Youth Services Coordinating Program and sets funding, coordination, reporting, and allocation requirements for the Superintendent, county offices of education, and the Department of Finance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42920.5. (a) Commencing with the 2015–16 fiscal year, and each fiscal year thereafter, the Foster Youth Services Coordinating Program, administered by the Superintendent, is hereby established to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to the plan established in Section 42921, with the purpose of ensuring positive educational outcomes. (b) A foster youth services coordinating program shall meet minimum standards established by the Superintendent to ensure the provisions of Section 42921 are implemented, and shall be required to meet those minimum standards annually as a condition of continued funding. (c) As a condition of receiving funds, a county office of education, or a consortium of county offices of education, shall work with the local educational agencies within the county or consortium of counties, and shall coordinate services to ensure that, for the 2015–16 and 2016–17 fiscal years, the level of direct services provided to support foster youth pupils is not less than what was provided in the 2014–15 fiscal year through the foster youth services program established pursuant to Section 42921, as it read on June 30, 2015. In meeting this requirement, services for foster youth pupils may be provided through one or any combination of state funding, including, but not limited to, the local control funding formula, or federal, local, or other funding. (d) For the 2015–16 fiscal year, the allocation amount for which any county office of education or consortium of county offices of education is eligible shall not be less than the amount allocated to that county or consortium in the 2014–15 fiscal year, including the allocation amounts of school districts identified in Section 42920, as it read on June 30, 2015. This subdivision applies only if a county office of education or consortium of county offices of education elects to apply for grant funding pursuant to Section 42921. (e) On or before October 31, 2015, the Superintendent shall develop an allocation formula to determine the allocation amounts for which each county office of education or consortium of county offices of education is eligible. The Superintendent, within 30 days of the developing the allocation formula, shall submit the allocation formula to the appropriate policy and fiscal committees of the Legislature and the Department of Finance for review, and the Department of Finance shall approve the allocation formula within 30 days of submission by the Superintendent. The allocation formula may be revised annually upon submission to the appropriate policy and fiscal committees of the Legislature and approval by the Department of Finance within 30 days of submission by the Superintendent. The Superintendent may include additional criteria in the allocation formula, but shall apply, at a minimum, the following criteria: (1) The number of pupils in foster care in the county. (2) The number of school districts in the county. (f) Notwithstanding subdivision (e), commencing with the 2016–17 fiscal year, the Superintendent shall provide a base grant of seventy-five thousand dollars ($75,000) to each participating county office of education or consortium of county offices of education that served at least one foster youth pupil in the prior fiscal year. (g) After providing base grants pursuant to subdivision (f), the Superintendent shall allocate the remaining funding to participating county offices of education or consortium of county offices of education based on the following criteria: (1) Seventy percent of the allocation shall be based on the number of pupils in foster care in the county. (2) Thirty percent of the allocation shall be based on the number of school districts in the county. (h) The allocation pursuant to subdivision (g) shall be applied after consideration of subdivision (b) of Section 42926. (i) For purposes of this chapter, “local educational agency” means a county office of education, school district, or charter school. (Amended by Stats. 2016, Ch. 29, Sec. 10. (SB 828) Effective June 27, 2016.)
  50. 42921.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    County offices of education, or consortia, may seek grant funding to run foster youth services programs, and funded programs must appoint a coordinator and develop a foster youth services plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42921. (a) A county office of education, or a consortium of county offices of education, may apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services coordinating program to provide educational support for pupils in foster care. (b) Each foster youth services coordinating program operated pursuant to this chapter, if sufficient funds are available, shall have at least one person identified as the foster youth educational services coordinator. The foster youth educational services coordinator shall facilitate the provision of educational support pursuant to subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties. (c) For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, a foster child who is detained in a county-operated juvenile detention facility, or a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and has been identified by a county child welfare agency, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code as being at imminent risk of removal and placement into foster care. (d) It is the intent of the Legislature that pupils in foster care with the greatest need for services be identified as the first priority for foster youth services coordinating programs. Priority shall be given to pupils who are living in out-of-home placements. (e) As a condition of receiving funds pursuant to this chapter, each foster youth services coordinating program operated by a county office of education or a consortium of county offices of education pursuant to this chapter shall develop and implement a foster youth services coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following: (1) (A) A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of the following: (i) Building the capacity of county agencies, school districts, and community organizations to better support the educational success of pupils in foster care. (ii) Facilitating collaboration between county agencies, school districts, and community organizations to ensure coordinated and nonduplicative service delivery and to ensure pupils in foster care receive the educational supports and services they need to succeed in school. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs. (iii) Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts. (B) The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. As necessary, and in accordance with Section 48853.5, the foster youth services coordinating program may pay for the cost of transportation to support this subparagraph. (i) If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring transfers are done at an educationally appropriate time, educational records are quickly transferred, appropriate partial credits are awarded, and the pupil in foster care is quickly enrolled in appropriate classes. (ii) In determining the appropriate educational placement of foster youth pupils, local educational agencies, county welfare agencies, and county probation departments shall consult with an educational rights holder, caregiver, social worker, teacher, counselor, court-appointed special advocate, other stakeholders, and the pupil, as appropriate. The purpose of the consultation shall be to ensure all educational programmatic options are considered, including, but not limited to, English learner, special education, advanced placement, and career technical education. (2) (A) If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupil’s school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil. (B) It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) in their local control and accountability plans when describing their services for foster youth pupils as required pursuant to paragraph (10) of subdivision (d) of Section 52066. (C) It is the intent of the Legislature that county offices of education, in the development and adoption of their local control and accountability plans, include information specific to the transition requirement established pursuant to subdivision (b) of Section 42920.5, when describing the coordination of services for foster youth pupils required pursuant to paragraph (10) of subdivision (d) of Section 52066. (3) (A) Policies and procedures to ensure educational placement for a foster youth pupil is not delayed, including, but not limited to, facilitating the establishment of an individualized education program in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable, the transfer of records, transcripts, and other relevant educational information. (B) The plan shall also describe how the program will facilitate coordination with local postsecondary educational institutions, including, but not limited to, the California Community Colleges, the California State University, and the University of California, to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12. (4) Policies and procedures for local educational agencies, county welfare agencies, and county probation departments to share all relevant educational information for foster youth to ensure the court has updated and accurate information as it makes decisions regarding foster youths. (f) When developing the plan required pursuant to this section, the county office of education, or the consortium of county offices of education, shall consider the needs of specific age groups, pupils in foster care in specific geographic areas with the highest concentration of pupils in foster care, and pupils in foster care with the greatest academic need. A foster youth services coordinating program is encouraged to first provide services for pupils in foster care who reside in group homes, institutional settings, or other placements with pupils with high academic needs, as determined by the local Executive Advisory Council. (g) (1) Each foster youth services coordinating program operated pursuant to this chapter shall establish a local interagency Executive Advisory Council. (2) The Executive Advisory Council may include representatives from the county child welfare agency, the county probation department, local educational agencies, local postsecondary educational institutions, and community organizations. If possible, the Executive Advisory Council may include, but is not limited to, foster youth, caregivers, educational rights holders, dependency attorneys, court representatives, court-appointed special advocates, and other interested stakeholders. (3) The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council. (4) The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e). (Amended by Stats. 2024, Ch. 850, Sec. 1.5. (AB 3223) Effective January 1, 2025.)
  51. 42923.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    County offices running this foster youth services program must file required information with the Superintendent by May 15 every even-numbered year to keep funding. The Superintendent must then report on the program by July 1 every even-numbered year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42923. (a) As a condition of receiving funds, each county office of education and consortium of county offices of education providing a foster youth services coordinating program pursuant to this chapter shall, by May 15 of each even-numbered year, report to the Superintendent any information as may be required by the Superintendent and as accessible to the Foster Youth Services Coordinating Program for purposes of subdivision (b). (b) The Superintendent shall, by July 1 of each even-numbered year, report to the appropriate policy and fiscal committees of the Legislature and the Governor on the Foster Youth Services Coordinating Program. The report shall include, but not be limited to, all of the following: (1) Recommendations regarding the effectiveness and continuation of the Foster Youth Services Coordinating Program. (2) (A) To the extent possible, aggregate educational outcome data for each county in which there were at least 15 pupils in foster care who attended school in the county, with information on each of the following indicators: (i) The number of pupils in foster care who attended school in the county. (ii) The academic achievement of the pupils in foster care who attended school in the county, as determined by quantitative and qualitative data currently collected by program participants. (iii) The number of pupils in foster care who were suspended or expelled. (iv) The number of pupils in foster care who were placed in a juvenile hall, camp, ranch, or other county-operated juvenile detention facility because of an incident of juvenile delinquency. (v) The truancy rates, attendance rates, and dropout rates for pupils in foster care. (vi) (I) The number of pupils in foster care participating in foster youth services coordinating programs pursuant to this chapter who successfully transition to postsecondary education. (II) The department shall collaborate with the Chancellor of the California Community Colleges and the Chancellor of the California State University to identify indicators that can be used to track access to postsecondary education for pupils in foster care participating in a foster youth services coordinating program pursuant to this chapter. (III) The number and percentage of pupils in foster care who successfully complete a Free Application for Federal Student Aid or California Dream Act Application while in grade 12. (vii) The amount of funds allocated and expended by each foster youth services coordinating program in the previous two fiscal years. (B) In meeting the requirement of this section, the Superintendent shall use data, where appropriate, reported pursuant to Section 49085. (3) A discussion of the meaning and implications of the indicators contained in paragraph (2). (4) Information about how the program has supported the development and implementation of new local educational agency and county agency policies, practices, and programs aimed at improving the educational outcomes of pupils in foster care. (5) Information about how the program has improved coordination of services between local educational agencies and county agencies, including the types of services provided to pupils in foster care. (Amended by Stats. 2020, Ch. 231, Sec. 2. (SB 860) Effective January 1, 2021.)
  52. 42924.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    The program cannot operate unless funding is provided, and county education offices must use allocated funds only for foster youth services coordinating programs; unused funds revert to the state General Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42924. (a) The Foster Youth Services Coordinating Program shall not be operative unless funding is provided for this purpose in the annual Budget Act or another enacted statute. (b) Any funds allocated to county offices of education or consortia of county offices of education for foster youth services coordinating programs pursuant to Section 42921 shall be used only for foster youth services coordinating programs and any funds not used by county offices of education for those services shall revert to the state General Fund. (Amended by Stats. 2015, Ch. 781, Sec. 7. (AB 854) Effective October 11, 2015.)
  53. 42925.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    County offices of education with foster youth services coordinating programs must, if possible, enter into an agreement with the county child welfare agency and, if that is not practical, explain why in writing each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42925. (a) As a condition of receiving funds, each county office of education and consortium of county offices of education with a foster youth services coordinating program operated pursuant to this chapter shall, to the extent possible, develop and enter into a memorandum of understanding, contract, or formal agreement with the county child welfare agency pursuant to which foster youth services coordinating program funds shall be used, to the maximum extent possible, to leverage funds received pursuant to Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) and any other funds that may be used to specifically address the educational needs of pupils in foster care, or they shall explain in writing, annually, why a memorandum of understanding is not practical or feasible. (b) To the extent possible, each foster youth services coordinating program is encouraged to consider leveraging other local funding opportunities to support the educational success of pupils in foster care. (Amended by Stats. 2016, Ch. 86, Sec. 60. (SB 1171) Effective January 1, 2017.)
  54. 42926.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. )

    Verify source ↗

    The Superintendent must administer the Foster Youth Services Coordinating Program and carry out listed oversight duties, including data-sharing, reporting, and plan review. The Superintendent may use up to 5% of program funding to contract with a local educational agency, but only with Department of Finance approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.3. Educational Services [42920 - 42926] ( Chapter 11.3 added by Stats. 1981, Ch. 721, Sec. 1. ) ## 42926. (a) The Superintendent shall administer the Foster Youth Services Coordinating Program and shall be responsible for all of the following: (1) Monitoring implementation of this chapter. (2) Facilitating the data sharing and reporting necessary to meet the requirements of Section 42923. (3) Reviewing a county office of education’s local control and accountability plan for any information pursuant to subparagraphs (B) and (C) of paragraph (2) of subdivision (e) of Section 42921. (b) The Superintendent, upon approval from the Department of Finance, shall use up to 5 percent of funding allocated for the Foster Youth Services Coordinating Program to contract with a local educational agency to administer the program established pursuant to this chapter, including, but not limited to, providing technical assistance to county offices of education and consortia of county offices of education as they implement this program. (Added by Stats. 2015, Ch. 781, Sec. 10. (AB 854) Effective October 11, 2015.)
  55. 42950.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. )

    Verify source ↗

    A qualifying school district may increase its revenue limit, but only within a cap tied to reimbursement and average daily attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. ) ## 42950. Any school district that provided education in kindergarten or grades 1 to 12, inclusive, pursuant to Chapter 12 (commencing with Section 42950) of Part 24, may increase its revenue limit by an amount per unit of average daily attendance not to exceed the reimbursement received under a countywide tax levied for the local share of the revenue limit and for the excess cost of providing special programs for such children pursuant to statutes that existed in this code during the 1976–77 school year. (Added by Stats. 1979, Ch. 247.)
  56. 42950.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. )

    Verify source ↗

    Revenue limit increases authorized by this chapter must not be used when computing any maximum tax rate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. ) ## 42950.2. Notwithstanding Section 42238 or any other provision of law, the revenue limit increases authorized by this chapter shall not be used in the computation of any maximum tax rate. (Added by Stats. 1979, Ch. 247.)
  57. 42950.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. )

    Verify source ↗

    This chapter applies only to school districts that met all three listed conditions in the 1977–78 school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. ) ## 42950.3. The provisions of this chapter shall apply only to a school district which, during the 1977–78 school year: (a) Had an enrollment not less than 10 percent of which consisted of children living in residence facilities operated by the University of California for the use of university students and their families. (b) Reported at least 15 different native languages on the 1977 fall season R-30 enrollment and staff data report filed with the Department of Education. (c) Did not receive, and was not entitled to receive, an apportionment of funds under the Bilingual Education Act of 1972 (Article 1 (commencing with Section 52100) of Chapter 7 of Part 28). (Added by Stats. 1979, Ch. 247.)
  58. 42950.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. )

    Verify source ↗

    School districts must not identify pupils by immigration status when carrying out this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] ( Chapter 11.5 added by Stats. 1979, Ch. 247. ) ## 42950.4. It is the intent of the Legislature that school districts shall not identify pupils according to their immigration status in carrying out the provisions of this chapter. (Added by Stats. 1979, Ch. 247.)
  59. 430.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. )

    Verify source ↗

    This chapter applies only to local educational agencies that receive federal funds under Title III of the federal No Child Left Behind Act of 2001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. ) ## 430. (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act. (b) The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction. (c) This chapter is intended to be declaratory of Title III of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes. (d) The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal No Child Left Behind Act of 2001. (Amended by Stats. 2003, Ch. 62, Sec. 30. Effective January 1, 2004.)
  60. 43040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    This chapter applies only to the Chino Unified School District.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43040. The provisions of this chapter shall apply only to the Chino Unified School District. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  61. 43041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    This chapter governs collecting certain special taxes tied to new school facilities, but it does not itself give or take away authority to impose a tax.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43041. (a) The provisions of this chapter shall govern the collection of special taxes which satisfy all the following requirements: (1) The special tax has been approved, pursuant to Section 4 of Article XIII A of the California Constitution, by two-thirds of the voters of the school district voting upon the proposition to authorize the governing board of the school district to levy the special tax. (2) The special tax is levied against applicants for final building permits which authorize new construction within the school district. (3) The proceeds of the special taxes are used for new school facilities. (b) The sole purpose of this chapter is to govern the collection of legally imposed taxes. This chapter shall not be construed to grant, deny, extinguish, or recognize the authority to impose any tax, or to determine otherwise, expressly or impliedly, the legality of the imposition of any tax or to determine the character of any levy as a special tax or fee. (Amended by Stats. 1987, Ch. 1187, Sec. 2. Effective September 26, 1987.)
  62. 43042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    A city or county may not issue final building permits for qualifying school-district areas until the district’s governing board certifies that the special taxes have been paid or payment arrangements have been made.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43042. The governing body of a city or county which includes a school district in which special taxes for new school facilities have been approved shall not issue final building permits until such time as the governing board of such district certifies to the governing body that the special taxes have been paid or that arrangements for payment have been made. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  63. 43043.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    If a final building permit has been issued and the special tax for new school facilities has not been paid, the district’s governing board may, after notice and a hearing, decide the unpaid tax is a lien on the land and is due from the owner.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43043. If a final building permit is issued and the special tax for new school facilities construction has not been paid, the governing board of the district may, after appropriate notice that such tax is due and owing and after a hearing, with notice, on the issue, determine that the amount of the unpaid special tax constitutes a lien on each lot or parcel of land for which a final building permit has been issued and that such amount is now due and owing by the owner of such lot or parcel, as specified on the last equalized assessment roll. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  64. 43044.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    Before the hearing date, the notice about the special tax for new school facilities must be published, and it must include the tax amount, the parcel description, the penalty, and a lien notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43044. (a) The notice that the special tax for new school facilities is due and owing shall be published in accordance with Section 6063 of the Government Code, and shall be published prior to the date set for hearing. (b) The notice shall set forth the following information: (1) The special tax for new school facilities is due and owing. (2) The amount of special tax due and owing. (3) A description of the lot or parcel subject to such tax. Such description may be made by reference to a plat or diagram on file in the office of the county recorder, or by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor. (4) The penalty, not to exceed an interest rate of 7 percent per annum, to be charged on the unpaid balance of such tax. (5) Notification that, pending the hearing, the special tax and interest thereon may be determined to constitute a lien against each lot or parcel for which a building permit was issued. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  65. 43045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    The school district’s governing board must mail written notice of the hearing at least 10 days before the hearing to each owner of a parcel or lot that owes the special tax for new school facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43045. (a) At least 10 days prior to the date of hearing, the governing board of the school district shall send written notice of the hearing, by mail, to the owner of each parcel or lot, as specified on the last equalized assessment roll, for which the special tax for new school facilities is due and owing. (b) The notice shall set forth the same information as required by subdivision (b) of Section 43044 and in addition shall set forth the time, date, and place of the hearing. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  66. 43046.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    The school district governing board must hear objections or protests to the special tax at the noticed time and place, may keep the hearing open, and must then decide whether the unpaid tax and interest create a lien on the parcel or lot.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43046. (a) At the time, date, and place stated in the notice prescribed by Section 43045, the governing board of the school district shall hear and consider all objections or protests, if any, to the levy of the special tax, as set forth in such notice, and may continue the hearing from time to time. (b) Upon conclusion of the hearing, the governing board shall determine whether the amount of the unpaid tax and the interest thereon constitutes a lien on the parcel or lot for which the final building permit was issued. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  67. 43047.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    A school district governing board must record a certified copy of its determination with the county recorder within 30 days after the specified determination.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43047. (a) Within 30 days after the determination prescribed by paragraph (b) of Section 43046, the governing board of the school district shall record a certified copy of its determination with the county recorder of the county in which the lot or parcel is located. (b) Upon recordation, the determination shall constitute a lien with the force, effect, and priority of a judgment lien. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  68. 43048.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    If a lien was created under this chapter, the school district governing board may order collection within four years after the last special tax payment is due. Costs in proceedings under this section are awarded to the prevailing party and must be fixed by the court, including reasonable attorneys’ fees, interest, and other lawful charges or advances.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43048. (a) If a lien has been created pursuant to this chapter, the governing board of the school district may, not later than four years after the due date of the last payment of the special taxes which are due and owing, order that the same be collected pursuant to Chapter 1 (commencing with Section 681) of Title 9 of Part 2 of the Code of Civil Procedure. (b) Costs incurred pursuant to this section shall be awarded to the prevailing party. Costs shall be fixed and allowed by the court. Costs shall include reasonable attorneys’ fees, interest, and other charges or advances authorized by law and shall be included in the judgment. The amount of costs, including penalties, shall be calculated up to the date of the judgment. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  69. 43049.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    Certain final building permits are exempt from the special taxes imposed by this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43049. The following is exempt from the special taxes imposed by this chapter: (a) Final permits to construct buildings on property that belongs to a federal agency. (b) Final permits to construct buildings when such buildings are exempt from taxation under subdivisions (a) to (g), inclusive, of Section 3 of, and subdivisions (b) and (c) of Section 4 of, Article XIII of the California Constitution. (c) Final permits to construct buildings when the governing board of the school district certifies that satisfactory arrangements have been made between the governing board and the final building permit applicant to provide sufficient new school facilities for the district. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  70. 43050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    When special tax proceeds are used to build new school facilities, the State Allocation Board must approve the construction under its building area and cost standards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43050. When the proceeds of special taxes are used for construction of new school facilities, the State Allocation Board shall approve such construction, in accordance with building area and cost standards adopted by the board. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  71. 43051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    Before ordering an election, the school district’s governing board must adopt a schedule showing how special tax proceeds will be used, and the schedule must be reviewed and updated at least yearly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43051. As to elections held after the effective date of this section, the governing board of the school district shall, prior to ordering an election, adopt a schedule that specifies the use of the proceeds of the special taxes. Such schedule shall include, but not be limited to, school sites proposed to be acquired and facilities proposed to be constructed. Such schedule shall be reviewed and updated at least annually. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  72. 43052.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. )

    Verify source ↗

    School district governing boards that receive these special tax proceeds must keep a separate account and adopt an annual report.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] ( Chapter 15 added by Stats. 1980, Ch. 489, Sec. 1. ) ## 43052. Each governing board of a school district that receives the proceeds of special taxes pursuant to this chapter shall maintain a separate account for any such taxes paid and shall adopt a report, at the end of each fiscal year, showing the balance of such account, the school sites purchased during the previous fiscal year, and the facilities purchased or constructed during the previous fiscal year. Such report shall be adopted by September 1 of each year. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.)
  73. 435.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. )

    Verify source ↗

    This section defines “English learner,” “immigrant pupil,” and “Federal No Child Left Behind Act of 2001” for this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. ) ## 435. For purposes of this chapter, the following terms have the following meanings: (a) “English learner” or “pupil of limited English proficiency” means a pupil who was not born in the United States or whose native language is a language other than English or who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state’s proficient level of achievement on state assessments, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society. (b) “Immigrant pupil” means a pupil who was born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer years. (c) “Federal No Child Left Behind Act of 2001” means Public Law Number 107-110 (20 U.S.C. Sec. 6801, et seq.). (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
  74. 440.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. )

    Verify source ↗

    A local educational agency must provide instructional services to limited-English-proficient and immigrant pupils, and parents or guardians of public school pupils must receive notice of English proficiency assessment within 30 days after the school year starts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. ) ## 440. (a) A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801 and following of Title 20 of the United States Code. (b) In accordance with Section 7012 of Title 20 of the United States Code, each parent or guardian of a pupil enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the school year. The notice shall include all of the following: (1) The reason for the child’s classification as limited English proficient. (2) The level of English proficiency. (3) A description of the program for the English language development instruction, including a description of all of the following: (A) The manner in which the program will meet the educational strengths and needs of the child. (B) The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards. (C) The specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for limited-English-proficient children, and the expected rate of graduation from secondary school for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools. (D) Where the child has been identified as having exceptional needs, the manner in which the program meets the requirements of the child’s individualized education plan. (4) Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program or to choose to allow the child to become enrolled in an alternative program. (5) Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
  75. 44000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says the definitions in Sections 44000 to 44012 control how this part is read, unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44000. Unless the context otherwise requires, the definitions set forth in Sections 44000 to 44012, inclusive, shall govern the construction of this part. (Enacted by Stats. 1976, Ch. 1010.)
  76. 44000.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “adverse action” for credentials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44000.5. An “adverse action” means the denial of an application for a credential, a private admonition, or public reproval of a credential holder, or the suspension or revocation of a credential. (Added by Stats. 2001, Ch. 342, Sec. 1. Effective January 1, 2002.)
  77. 44001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “education position” and “position requiring certification qualifications” as any service for which certification qualifications are established under the cited sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44001. “Education position” or “position requiring certification qualifications” includes every type of service for which certification qualifications are established by or pursuant to Sections 44000 to 44012, inclusive, Section 44065, and Chapter 2 (commencing with Section 44200) of this part. (Enacted by Stats. 1976, Ch. 1010.)
  78. 44001.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In this section, “Commission” means the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44001.1. “Commission” means the Commission on Teacher Credentialing. (Added by Stats. 1997, Ch. 937, Sec. 1. Effective January 1, 1998.)
  79. 44001.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “Superintendent” as the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44001.2. “Superintendent” means the Superintendent of Public Instruction. (Added by Stats. 1997, Ch. 937, Sec. 2. Effective January 1, 1998.)
  80. 44002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A “credential” means several types of commission-issued documents, including certificates, permits, waivers, and related life documents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44002. A “credential” includes a credential, certificate, life document, life diploma, permit, certificate of clearance, or waiver issued by the commission. (Amended by Stats. 2001, Ch. 342, Sec. 2. Effective January 1, 2002.)
  81. 44003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A life diploma is a document issued based on a credential after the applicant completes specified requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44003. A “life diploma” is a document issued on the basis of a credential upon completion by the applicant of specified requirements. (Enacted by Stats. 1976, Ch. 1010.)
  82. 44004.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    “Certificate” means a document issued by a county board of education that licenses its holder to perform the specified service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44004. The word “certificate” used as a noun refers to the document issued by a county board of education to license the holder to perform the service specified in the certificate. (Enacted by Stats. 1976, Ch. 1010.)
  83. 44005.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    “Certificate,” when used as a verb, means licensing individuals for employment in educational positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44005. The word “certificate” used as a verb refers to the act of licensing individuals for employment in educational positions. (Enacted by Stats. 1976, Ch. 1010.)
  84. 44006.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    “Certificated person” means a person who holds one or more qualifying documents, such as a certificate, credential, or life diploma, that authorize the holder to engage in the designated school service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44006. The term “certificated person” refers to a person who holds one or more documents such as a certificate, a credential, or a life diploma, which singly or in combination license the holder to engage in the school service designated in the document or documents. (Enacted by Stats. 1976, Ch. 1010.)
  85. 44007.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This provision defines “certification document” to mean only certificates, credentials, and life diplomas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44007. The term “certification document” as used in this code includes only certificates, credentials and life diplomas. (Enacted by Stats. 1976, Ch. 1010.)
  86. 44008.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says a probation termination and dismissal under Penal Code section 1203.4 has no effect for this division, except as provided in subdivision (b). It also says a person cannot be denied a hearing solely because of a conviction if they have a certificate of rehabilitation and their probation has been terminated and the case dismissed under section 1203.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44008. (a) Except as provided in subdivision (b) of this section, a termination of probation and dismissal of an accusation or information pursuant to Section 1203.4 of the Penal Code shall not, for the purpose of this division, have any effect. (b) Notwithstanding any other provision of this code, no person shall be denied a hearing solely on the basis that he has been convicted of a crime if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (Amended by Stats. 1977, Ch. 36.)
  87. 44009.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says certain guilty pleas, guilty verdicts, and nolo contendere convictions count as convictions for specific Education Code sections, even if later probation or criminal-dismissal orders occur.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44009. (a) A plea or verdict of guilty or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. (b) The record of a narcotics offense, as defined in Section 44011, shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (c) A plea or verdict of guilty, or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44836 and 45123, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The record of conviction shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Section 44907 and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (Amended by Stats. 2008, Ch. 577, Sec. 1. Effective January 1, 2009.)
  88. 44010.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “sex offense” for use in several listed Education Code sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44010. “Sex offense,” as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below: (a) An offense defined in Section 220, 261, 261.5, 288.2, 288.3, 288.4, subdivision (c) of Section 290, Section 311.2, 313.1, 647b, subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code. (b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. (c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. (d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961. (e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. (f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. (g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 1975–76 Regular Session of the Legislature committed before the effective date of the amendment. (h) An attempt to commit any of the offenses specified in this section. (i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section. (j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code. (k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. (Amended by Stats. 2025, Ch. 460, Sec. 5. (SB 848) Effective January 1, 2026.)
  89. 44011.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “controlled substance offense” for use in certain Education Code sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44011. “Controlled substance offense” as used in Sections 44346, 44425, 44436, 44836, and 45123 means any one or more of the following offenses: (a) Any offense in Sections 11350 to 11355, inclusive, 11361, 11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and Safety Code. (b) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses. (c) Any offense committed under former Sections 11500 to 11503, inclusive, 11557, 11715, and 11721 of the Health and Safety Code. (d) Any attempt to commit any of the above-mentioned offenses. (Amended by Stats. 1992, Ch. 272, Sec. 2. Effective January 1, 1993.)
  90. 44012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A conviction record for an applicant or holder of a certification document may be used as evidence in civil or administrative proceedings about issuing, suspending, or revoking that certification document.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44012. Any record of conviction of any applicant for, or holder of, a certification document, shall, for the purposes of this division, be admissible in evidence in any civil action or administrative proceedings pertaining to the issuance, suspension or revocation of such certification document, any provision of law to the contrary notwithstanding. (Enacted by Stats. 1976, Ch. 1010.)
  91. 44013.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “educator” for this code section and limits when that definition applies to certain program participants.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44013. (a) “Educator” means a certificated person holding a valid California teaching credential or a valid California services credential issued by the commission who is employed by a local education agency or by a special education local planning area and who is not employed as an independent contractor or consultant. (b) The definition of educator as set forth in subdivision (a) does not apply to a person participating in a program enacted by statute prior to January 1, 2004. (c) The definition of educator as set forth in subdivision (a) applies to a person participating in a program enacted by statute on or after January 1, 2004, only if the statute implementing the program expressly references this section. (Added by Stats. 2003, Ch. 567, Sec. 1. Effective January 1, 2004.)
  92. 44014.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School employees and certain supervisors must promptly report pupil assaults, assaults, or physical threats to local law enforcement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44014. (a) Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000). (b) Compliance with school district governing board procedures relating to the reporting of, or facilitation of reporting of, the incidents specified in subdivision (a) shall not exempt a person under a duty to make the report prescribed by subdivision (a) from making the report. (c) A member of the governing board of a school district, a county superintendent of schools, or an employee of any school district or the office of any county superintendent of schools, shall not directly or indirectly inhibit or impede the making of the report prescribed by subdivision (a) by a person under a duty to make the report. An act to inhibit or impede the making of a report shall be an infraction, and shall be punishable by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (d) Neither the governing board of a school district, a member of the governing board, a county superintendent of schools, nor an employee of a school district or of the office of any county superintendent of schools shall impose any sanctions against a person under a duty to make the report prescribed by subdivision (a) for making the report. (Amended by Stats. 1996, Ch. 17, Sec. 1. Effective January 1, 1997.)
  93. 44015.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may give awards to employees and pupils, but it must adopt rules first and generally keep committee-made awards at or below $200 unless it expressly approves a larger amount.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44015. (a) The governing board of a school district may make awards to employees who do any of the following: (1) Propose procedures or ideas that thereafter are adopted and effectuated, and that result in eliminating or reducing district expenditures or improving operations. (2) Perform special acts or special services in the public interest. (3) By their superior accomplishments, make exceptional contributions to the efficiency, economy, or other improvement in operations of the school district. (b) The governing board of a school district may make awards to pupils for excellence. Before any awards are made pursuant to this section, the governing board shall adopt rules and regulations. The board may appoint one or more merit award committees made up of district officers, district employees, or private citizens to consider employee proposals, special acts, special services, or superior accomplishments and to act affirmatively or negatively thereon or to provide appropriate recommendations thereon to the board. Any award granted under the provisions of this section that may be made by an awards committee under appropriate district rules, shall not exceed two hundred dollars ($200), unless a larger award is expressly approved by the governing board. When an awards program is established in a school district pursuant to this section, the governing board shall budget funds for this purpose but may authorize awards from funds under its control whether or not budgeted funds have been provided or the funds budgeted are exhausted. (Amended by Stats. 1987, Ch. 1452, Sec. 360.)
  94. 44015.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The second full week of October is designated as “Week of the School Administrator.” Schools, school districts, and county superintendents of schools are encouraged to observe it with public recognition.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44015.1. In observance of the importance of educational leadership at the school, school district, and county levels, the second full week in the month of October of each year shall be designated as “Week of the School Administrator.” Schools, school districts, and county superintendents of schools are encouraged to observe the week with public recognition of the contribution that school administrators make to successful pupil achievement. (Amended by Stats. 2014, Ch. 69, Sec. 1. (SB 1229) Effective January 1, 2015.)
  95. 44016.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may reimburse a job candidate for necessary travel expenses when the district asks the person to come for an interview and examination before possible employment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44016. Whenever any person is requested by a school district to travel to the headquarters of such district for the purpose of being interviewed and examined prior to possible employment, the district may reimburse such candidate for expenses necessarily incurred in traveling from his place of residence to the place of interview or examination. (Enacted by Stats. 1976, Ch. 1010.)
  96. 44017.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may pay the surviving spouse of an employee who is murdered while working, using funds under its jurisdiction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44017. Notwithstanding any provision of law to the contrary, a school district may, from funds under its jurisdiction, pay the surviving spouse of any employee who is murdered while in the course of his employment the amount that the deceased would have received if he had lived to complete the time remaining in his contract with the district. This section shall be applicable to the surviving spouse of any such employee who was murdered during or after the 1973–74 school year. (Enacted by Stats. 1976, Ch. 1010.)
  97. 44018.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School-district employees called to active military duty may receive specified benefits, and certificated employees get 120 days after duty ends to renew their credential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44018. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02 of the Military and Veterans Code, any employee of a school district who, as a member of the California National Guard or a United States Military Reserve organization, is called into active military duty, may receive, on approval of the governing board of the school district, the benefits provided for in subdivision (b). (b) Any employee to which subdivision (a) applies, while on active duty, may receive from the school employer, for a period not to exceed 180 calendar days, as part of his or her compensation, all of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty. (2) All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts. (c) The credential of a certificated employee may not become invalid for failure to renew while the employee, as a member of the California National Guard or a United States Military Reserve organization, is on active military duty. A certificated employee shall have a period of 120 days after the end of his or her active military duty to renew the credential. (Amended by Stats. 2003, Ch. 783, Sec. 1. Effective January 1, 2004.)
  98. 44020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Private school providers at the elementary or high school level must give written notice to parents or guardians when they hire certain employees who will contact minor pupils and have a sex-offense conviction. People who share or receive information in good faith under this section are exempt from prosecution under specified Penal Code sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [44000 - 44020] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44020. Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall notify, in writing, the parents or guardians who reside with each pupil of that school whenever that school hires an employee who, in the course of his or her employment, will come in contact with minor pupils and who has been convicted of a sex offense, as defined in Section 44010. Notwithstanding any other provision of law, any person who conveys or receives information in good-faith conformity with this section is exempt from prosecution under Section 11142 or 11143 of the Penal Code for that conveying or receiving of information. (Added by Stats. 1996, Ch. 1074, Sec. 2. Effective January 1, 1997.)
  99. 44030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Certain school principals, teachers, employees, and school officers must make reports required by law, and failing to do so can be a misdemeanor with a fine of up to $100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44030. Any principal, teacher, employee, or school officer of any elementary or secondary school who refuses or willfully neglects to make such reports as are required by law is guilty of a misdemeanor and is punishable by a fine of not more than one hundred dollars ($100). (Enacted by Stats. 1976, Ch. 1010.)
  100. 44030.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Certain school district, county office, and charter school leaders must report specified employment-status changes for credentialed employees to the commission within 30 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44030.5. (a) The superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential shall report any change in the employment status of the credentialholder to the commission not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy. (b) For purposes of subdivision (a), a change of employment status due solely to unsatisfactory performance pursuant to paragraph (4) of subdivision (a) of Section 44932 or a reduction in force pursuant to Sections 44955 to 44958, inclusive, is not a result of an allegation of misconduct. (c) The failure to make the report required by subdivision (a) is unprofessional conduct and may subject the superintendent of the school district or county office of education, or the administrator of a charter school, to adverse action by the commission. (d) (1) Notwithstanding Section 44030, refusing or willfully neglecting to make the report required by subdivision (a) is a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000). (2) All fines imposed pursuant to this subdivision are the personal responsibility of the superintendent of the school district or county office of education, or the administrator of a charter school, and may not be paid or reimbursed with public funds. (Added by Stats. 2013, Ch. 232, Sec. 1. (AB 449) Effective January 1, 2014.)
  101. 44031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Employees have a right to inspect their personnel records, with specific limits and related rights for school district employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44031. (a) Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (b) In addition to subdivision (a), all of the following shall apply to an employee of a school district: (1) Information of a derogatory nature shall not be entered into an employee’s personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments. The review shall take place during normal business hours and the employee shall be released from duties for this purpose without salary reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. (3) A noncredentialed employee shall have access to his or her numerical scores obtained as a result of a written examination. (4) Except as provided in paragraph (3), nothing in this section shall entitle an employee to review ratings, reports, or records that (A) were obtained prior to the employment of the person involved, (B) were prepared by identifiable examination committee members, or (C) were obtained in connection with a promotional examination. (Repealed and added by Stats. 2000, Ch. 886, Sec. 2. Effective January 1, 2001.)
  102. 44032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board must pay an employee’s actual and necessary expenses, including travel, when the expenses are incurred while performing district services under the board’s direction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44032. The governing board of any school district shall provide for the payment of the actual and necessary expenses, including traveling expenses, of any employee of the district incurred in the course of performing services for the district, whether within or outside the district, under the direction of the governing board. (Amended by Stats. 1987, Ch. 1452, Sec. 361.)
  103. 44033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may choose to reimburse employees for use of their own automobiles in regularly assigned duties, using a mileage or monthly allowance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44033. The governing board of any school district may provide for the reimbursement of employees of the district for the use of automobiles owned by the employees and used in the performance of regularly assigned duties, by establishing an allowance for such use on a mileage or monthly basis. (Enacted by Stats. 1976, Ch. 1010.)
  104. 44034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A classroom teacher may use an audio recording device in class to record instructional presentations without getting approval from the school principal or other school officials, if doing so is for improving personal teaching techniques.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44034. Any classroom teacher who, in the interest of improving his or her personal teaching techniques, wishes to use an audio recording device in a classroom to record classroom instructional presentations, may employ that device without the necessity of obtaining the approval of the school principal or other school officials. (Added by Stats. 1985, Ch. 332, Sec. 1.)
  105. 44035.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Affected permanent school district employees become permanent employees of the unified school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44035. Every permanent employee of a school district which becomes in its entirety a part of a unified school district, and every permanent employee of a school district employed in a school located in a portion of a district which becomes a part of a unified school district, where the whole of the district does not become a part of a unified school district, shall become a permanent employee of the unified school district. (Enacted by Stats. 1976, Ch. 1010.)
  106. 44036.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may grant employees leave for certain witness or jury-duty situations, and may pay leave up to the difference between regular earnings and jury or witness fees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44036. (a) The governing board of a school district may grant leaves of absence to employees to appear as a witness in court other than as a litigant or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. (b) The governing board of a school district may grant leaves of absence to employees, in positions requiring certification qualifications, regularly called for jury duty in the manner provided for by law. (c) The governing board may grant such leaves of absence with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives for jury or witness fees. (Enacted by Stats. 1976, Ch. 1010.)
  107. 44037.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    District governing boards must give eligible employees paid leave for jury duty, and they may not adopt rules that encourage jury-duty exemption requests or discriminate because of jury service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44037. The governing board of any district shall grant leave of absence to any employee, serving in a position not requiring certification qualifications, regularly called for jury duty in the manner provided for by law. The governing board shall grant such leave with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives as juror’s fees. It is unlawful for the governing board or personnel commission of any school district to adopt or maintain any rule, regulation, or policy which has as its purpose or effect a tendency to encourage employees to seek exemption from jury duty, or to directly or by indirection solicit or suggest to any employee that he seek exemption from jury duty, or to discriminate against any employee with respect to assignment, employment, promotion, or in any other manner because of such employee’s service on any jury panel. The board or personnel commission may, however, provide by rule that only a percentage of its staff, which percentage shall not be less than 2 percent, shall be granted such leave, with pay, at any one time. Nothing in the foregoing provisions shall preclude the district superintendent or his agent from discussing with the affected employee the practicality of seeking exemption when acceptance would tend to materially disrupt the district’s operations. (Enacted by Stats. 1976, Ch. 1010.)
  108. 44038.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may use district funds for cash deposits to guarantee payment for transportation bought on credit for certain school district travelers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44038. The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for transportation purchased on credit for school district employees or other representatives who are directed by the governing board to travel on school district business. (Enacted by Stats. 1976, Ch. 1010.)
  109. 44039.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may use school district funds for cash deposits if needed to guarantee payment for employee health plans bought on credit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44039. The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for health plans purchased on credit for school district employees. (Enacted by Stats. 1976, Ch. 1010.)
  110. 44039.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A contract with an insurer or other employee welfare benefit provider cannot be approved or renewed if certain school district, employee organization, or related personnel have a direct financial interest in the plan or program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44039.5. No contract with any insurer or other employee welfare benefit provider shall be approved or renewed if an administrative employee of a school district, as defined pursuant to subdivision (d) of Section 33150, or any employee organization, as defined pursuant to subdivision (d) of Section 3540.1 of the Government Code, or any employee or agent thereof, has a direct financial interest in any plan or program which is being approved or renewed. The provisions of this section shall not apply to any employee welfare benefit fund jointly administered by one or more employers and one or more employee organizations or to any employee welfare benefit fund established by the school district for the purpose of self insuring. As used in this section, “direct financial interest” means the receipt of or entitlement to a commission, fee, or other remuneration, including the payment of fees for administrative services rendered on behalf of such plans. (Added by Stats. 1978, Ch. 433.)
  111. 44040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    People who can discipline certain school employees must not discipline or discriminate against them because they appeared before specified public boards or bodies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44040. It shall be unlawful for any person authorized to invoke disciplinary action against any employee of a school district or employee in the office of the county superintendent of schools either in his individual capacity or as a member of any board, to invoke or attempt to invoke disciplinary action against any such employee or to discriminate against such employee in the terms, conditions and privileges of employment solely because of the employee’s appearance before the governing board of a school district, the county board of education, legislative committees, or any other duly constituted governmental board, commission or council, whether such appearance was undertaken voluntarily or otherwise. Violation of the provisions of this section shall be a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.)
  112. 44041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must make certain employee-requested payroll deductions, and may collect related processing costs in some cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44041. (a) (1) The governing board of each school district when drawing an order for the salary payment due to employees of the district shall, without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for any or all of the following purposes: (A) Paying premiums on any policy or certificate of group life insurance for the benefit of the employee or for group disability insurance, or legal expense insurance, or any of them, for the benefit of the employee or his or her dependents issued by an admitted insurer on a form of policy or certificate approved by the Insurance Commissioner. (B) Paying rates, dues, fees, or other periodic charges on any hospital service contract for the benefit of the employee, or his or her dependents, issued by a nonprofit hospital service corporation on a form approved by the Insurance Commissioner pursuant to the former provisions of Chapter 11A (commencing with Section 11491) of Part 2 of Division 2 of the Insurance Code. (C) Paying periodic charges on any medical and hospital service agreement or contract for the benefit of the employee, or his or her dependents, issued by a nonprofit corporation subject to Part 2 (commencing with Section 5110) of, Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (D) Paying periodic charges on any legal services contract for the benefit of the employee, or his or her dependents issued by a nonprofit corporation subject to Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (2) The requirements of this subdivision shall not apply to subdivision (b). (b) For purposes of a deferred compensation plan authorized by Section 403(b) or 457 of the Internal Revenue Code or an annuity program authorized by Section 403(b) of the Internal Revenue Code that is offered by the school district which provides for investments in corporate stocks, bonds, securities, mutual funds, or annuities, except as prohibited by the California Constitution, the governing board of each school district when drawing an order for the salary payment due to an employee of the district shall, with or without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for participating in a deferred compensation plan or annuity program offered by the school district. The governing board shall determine the cost of performing the requested deduction and may collect that cost from the organization, entity, or employee requesting or authorizing the deduction. For purposes of this subdivision, the governing board of a school district is entitled to include in the amounts reducing the order the costs of any compliance or administrative services that are required to perform the requested deduction in compliance with federal or state law, and may collect these costs from the participating employee, the employee’s participant account, or the organization or entity authorizing the deduction. (c) The governing board of the district shall, beginning with the month designated by the employee and each month thereafter until authorization for the deduction is revoked, draw its order upon the funds of the district in favor of the insurer which has issued the policies or certificates or in favor of the nonprofit hospital service corporation which has issued hospital service contracts, or in favor of the nonprofit corporation which has issued medical and hospital service or legal service agreements or contracts, for an amount equal to the total of the respective deductions therefor made during the month. The governing board may require that the employee submit his or her authorization for the deduction up to one month in advance of the effective date of coverage. (d) “Group insurance” as used in this section shall mean only a bona fide group program of life or disability or life and disability insurance where a master contract is held by the school district or an employee organization but it shall, nevertheless, include annuity programs authorized by Section 403(b) of the Internal Revenue Code when approved by the governing board. (Amended by Stats. 2007, Ch. 323, Sec. 19. Effective January 1, 2008.)
  113. 44041.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    An employer may hire a third-party administrator for certain retirement-plan services, but if it does, the employer must require specific insurance, custody, and data-protection safeguards. The administrator must also disclose compensation-related items and certain relationships, and may use personal information only for the contracted services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44041.5. (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the Internal Revenue Code that is available to employees as described in Section 770.3 of the Insurance Code. (2) “Custodial account” means a custodial account described in Section 403(b)(7) of the Internal Revenue Code. (3) “Deferred compensation plan” means a plan described in Section 457 of the Internal Revenue Code. (4) “Employer” means a school district or county office of education. (5) “Third-party administrator” means a person or entity that provides administrative or compliance services to an employer as described in subdivision (b). (b) An employer may enter into a written contract with a third-party administrator for services regarding an annuity contract and custodial account or a deferred compensation plan provided by the employer. That contract may include any of the following: (1) Services to ensure compliance with either Section 403(b) of the Internal Revenue Code regarding the annuity contract and custodial account or Section 457 of the Internal Revenue Code regarding a deferred compensation plan, including, but not limited to, any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize hardship withdrawal requests under Section 403(b) of the Internal Revenue Code, transfer requests, loan requests, unforeseeable emergency withdrawals under Section 457 of the Internal Revenue Code and other disbursements permitted under either Section 403(b) or 457 of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in an annuity contract and custodial account. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in either the annuity contract and custodial account as described in Sections 402(g), 414(v), and 415 of the Internal Revenue Code or the deferred compensation plan as described in Section 414(v) or 457 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the annuity contract and custodial account or deferred compensation plan. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s annuity contract and custodial account or deferred compensation plan as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the annuity contract and custodial account or deferred compensation plan. (2) Services to administer the annuity contract and custodial account or a deferred compensation plan that includes, but is not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the annuity contract and custodial account or the deferred compensation plan that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with either Section 403(b) or 457 of the Internal Revenue Code and compliance with Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s annuity contract or custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for any provider’s plan unless documented evidence indicates a problem in complying with either Section 403(b) or 457 of the Internal Revenue Code. (c) (1) If an employer elects to contract with a third-party administrator for the administrative or compliance services to employers described in subdivision (b), the employer shall do all of the following: (A) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the employer to be sufficient to protect the assets of participants and beneficiaries in the annuity contract and custodial account or deferred compensation plan. (B) Require the third-party administrator to provide evidence of a safe chain-of-custody of assets process for ensuring fulfillment of fiduciary responsibilities and timely placement of participant investments. (C) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 403(b) or 457 of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data unless access to the data is required to provide the services in accordance with the contract entered into with the employer pursuant to subdivision (b). (2) This subdivision shall apply to any administrative or compliance services provided pursuant to a contract for services between an employer and the State Teachers’ Retirement System if the system does not contract with a third-party administrator to provide those administrative and compliance services on behalf of the system. (d) A third-party administrator shall disclose to any employer seeking his or her services any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the administrator, a related entity, or a representative or agent of the administrator or related entity from any plan provider selected as a vendor of a annuity contract, custodial account, or deferred compensation plan by the employer. A third-party administrator that is affiliated with or has a contractual relationship with a provider of annuity contracts, custodial accounts, or deferred compensation plans shall disclose the existence of the relationship to each employer and each individual participant in the annuity contract, custodial account or deferred compensation plan. (e) Any personal information obtained by the third-party administrator in providing services pursuant to this section shall be used by the third-party administrator only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (f) Nothing in this section shall be construed to interfere with either of the following: (1) The rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (2) The ability of the employer to establish nonarbitrary requirements upon providers of an annuity contract that, in the employer’s discretion, aid in the administration of its benefit programs and do not unreasonably discriminate against any provider of an annuity contract or interfere with the rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (g) This section shall not apply to any services provided by a third-party administrator pursuant to a contract for services between an employer and the State Teachers’ Retirement System. Any services provided by a third-party administrator pursuant to a contract for services between an employer and the State Teachers’ Retirement System shall be subject to either Section 24953, in the case of an annuity contract or custodial account, or Section 24977, in the case of a deferred compensation plan. (Amended by Stats. 2007, Ch. 130, Sec. 70. Effective January 1, 2008.)
  114. 44042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may provide payroll deductions to collect insurance premiums, but they are not required to do so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44042. School districts may, but shall not be required to, provide payroll deduction for the collection of insurance premiums except as expressly authorized by Section 44041. (Enacted by Stats. 1976, Ch. 1010.)
  115. 44042.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School employers must notify employees in writing about wage overpayments and follow set steps before recovering the money.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44042.5. (a) (1) When a school employer determines a wage overpayment has been made to a school employee, it shall notify the employee in writing of the overpayment, afford the employee an opportunity to respond before commencing recoupment actions, and inform the school employee of their rights specified in paragraph (4). If the school employee agrees that the school employer overpaid them in the claimed amount, reimbursement shall be made to the school employer through one of the following methods mutually agreed to by the employee and the school employer: (A) Cash payment or cash installment payments. (B) Installment payments through payroll deduction covering at least the same number of pay periods in which the error occurred. (C) The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits such as vacation, annual leave, holiday leave, or compensating time off. Any errors in sick leave balances shall only be adjusted with sick leave credits. (2) Installment payment amounts deducted from an employee’s salary or wages pursuant to paragraph (1), except as provided in subdivision (b), shall not exceed the amounts specified in Section 706.050 of the Code of Civil Procedure. (3) Absent mutual agreement on a method of reimbursement pursuant to paragraph (1), within 30 days of the school employee verifying the overpayment amount the school employer shall proceed with recoupment pursuant to subparagraph (B) of paragraph (1). (4) If a school employee disputes the existence or amount of a school employer’s claimed overpayment made to the school employee, the school employer shall first initiate a legal action and obtain a court order or a binding arbitration decision validating the claimed overpayment amount before it may recover the overpayment amount. For purposes of this paragraph, binding arbitration may apply only when a memorandum of understanding between the school employer and an exclusive representative of the school employee sets forth procedures for adjudicating wage overpayment disputes that, at a minimum, meet the requirements and protections for school employees set forth in this section. If in court the school employee is represented by counsel supplied by the exclusive representative designated under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code), then the provisions of subdivision (b) of Section 3543.8 of the Government Code shall apply to that litigation. (b) A school employee who is separated from employment before full repayment of the overpayment amount owed pursuant to subdivision (a) shall have an amount sufficient to provide full repayment withheld from any money owed to the employee upon separation, provided that the state minimum wage is still paid to the school employee. If the amount of money owed to the employee upon separation is insufficient to provide full reimbursement to the school employer, the school employer shall have the right to exercise any and all other legal means to recover the additional amount owed. (c) A legal action shall not be taken by the school employer pursuant to this section to recover an overpayment unless the action is initiated within three years from the date of overpayment. The school employer shall not recover overpayments made to a school employee more than three years before the school employer initiates the action. If an overpayment involves leave credits, the date of overpayment is the date that the school employee receives compensation in exchange for leave erroneously credited to the employee. For purposes of this section, leave hours are considered exchanged for compensation in the order they were credited. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, that was in effect on July 31, 2022, the memorandum of understanding shall be controlling until the expiration or renewal of the memorandum of understanding. (e) For purposes of this section, “school employer” means the applicable administrative entity of any of the following: (1) School district. (2) County office of education. (3) Charter school. (Amended by Stats. 2023, Ch. 194, Sec. 10. (SB 141) Effective September 13, 2023.)
  116. 44043.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district employee on workers’ compensation temporary disability cannot be paid more than a full day’s wages/salary when that benefit is added in, and the district must route temporary disability checks and adjust paid leave/pay accordingly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44043. Any school employee of a school district who is absent because of injury or illness which arose out of and in the course of the person’s employment, and for which the person is receiving temporary disability benefits under the workers’ compensation laws of this state, shall not be entitled to receive wages or salary from the district which, when added to the temporary disability benefits, will exceed a full day’s wages or salary. During such periods of temporary disability so long as the employee has available for the employee’s use sick leave, vacation, compensating time off or other paid leave of absence, the district shall require that temporary disability checks be endorsed payable to the district. The district shall then cause the employee to receive the person’s normal wage or salary less appropriate deductions including but not limited to employee retirement contributions. When sick leave, vacation, compensating time off or other available paid leave is used in conjunction with temporary disability benefits derived from workers’ compensation, as provided in this section, it shall be reduced only in that amount necessary to provide a full day’s wage or salary when added to the temporary disability benefits. (Enacted by Stats. 1976, Ch. 1010.)
  117. 44043.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district, county office of education, or charter school may create a catastrophic leave program, and its governing board must adopt rules to administer it if it does. Employees may donate eligible leave credits for a qualifying catastrophic illness or injury, subject to approval and notice requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44043.5. (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee or a member of the employee’s family suffers from a catastrophic illness or injury. (b) For the purposes of this section, the following definitions apply: (1) “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because they have exhausted all of their sick leave and other paid time off. (2) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (c) Eligible leave credits may be donated to an employee for purposes of subdivision (a) if all of the following requirements are met: (1) The employee, who is, or whose family member is, suffering from a catastrophic illness or injury, requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed. (2) The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the employee’s or their family member’s catastrophic illness or injury. (3) The employee has exhausted all accrued paid leave credits. (d) If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. (e) The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, the following: (1) The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months. (2) The verification of catastrophic injury or illness required pursuant to paragraph (1) of subdivision (c). (3) Making all transfers of eligible leave credit irrevocable. (f) An employee who receives paid leave pursuant to subdivision (c) shall use any leave credits that they continue to accrue on a monthly basis before receiving paid leave pursuant to this section. (g) Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement, a provision setting forth requirements for a catastrophic leave program. (Amended by Stats. 2025, Ch. 83, Sec. 1. (AB 642) Effective July 30, 2025.)
  118. 44043.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district, county office of education, or charter school may set up a catastrophic leave program to let employees donate eligible leave credits when another employee is affected by a state of emergency.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44043.6. (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee is impacted by a state of emergency. (b) For the purposes of this section, the following definitions apply: (1) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (2) “State of emergency” means a state of emergency that has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (c) Eligible leave credits may be donated to an employee for purposes of subdivision (a) if all of the following requirements are met: (1) The employee, who is impacted by a state of emergency, requests that eligible leave credits be donated and provides verification of impacts of a state of emergency on the employee as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed. (2) The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the impact of a state of emergency on the employee. (3) The employee has exhausted all accrued paid leave credits. (d) If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. (e) The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, all of the following: (1) The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months. (2) The verification of impacts of a state of emergency on the employee required pursuant to paragraph (1) of subdivision (c). (3) Making all transfers of eligible leave credit irrevocable. (f) An employee who receives paid leave pursuant to subdivision (c) shall use any leave credits that they continue to accrue on a monthly basis before receiving paid leave pursuant to this section. (g) Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement a provision setting forth requirements for a catastrophic leave program. (Added by Stats. 2025, Ch. 83, Sec. 2. (AB 642) Effective July 30, 2025.)
  119. 44044.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district may let an employee keep a temporary disability check if the district is notified, and then must pay wages with proper deductions while calculating benefits based on the employee’s regular pay before disability deductions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44044. Notwithstanding the provisions of Sections 44043, 44984 and 45192, a school district may waive the requirement that temporary disability checks be endorsed payable to the district, and may in lieu thereof, permit the employee to retain his temporary disability check, providing that notice be given to the district that such check has been delivered to the employee. In such cases, the district shall then cause the employee to receive his normal wage or salary less appropriate deductions, including, but not limited to, employee retirement contributions, and an amount equivalent to the face amount of the temporary disability check, which the employee has been permitted to retain. In all cases, employee benefits are to be computed on the basis of the employee’s regular wage or salary prior to the deduction of any amounts for temporary disability payments. Nothing contained herein shall be deemed to in any way diminish those rights and benefits which are granted to a school employee pursuant to the provisions of Sections 44043, 44984 and 45192. (Enacted by Stats. 1976, Ch. 1010.)
  120. 44045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    When a unification leaves all county-superintendent territory in one unified school district and the district takes over the schools, classes, or functions, affected employees’ employment rights are governed by the laws for employees of a predecessor district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44045. Whenever, as a result of any school district unification proceeding all of the territory under the jurisdiction of the county superintendent of schools is included in a single unified school district and the maintenance of any schools or classes or the performance of any other function theretofore under the jurisdiction of the county superintendent of schools is assumed by such unified school district, the inclusion shall, with respect to any employee, whether in a position requiring certification qualifications or in a position not requiring certification qualifications, who was theretofore employed by the county superintendent of schools in connection with such school, class, or function, be deemed to be the inclusion of a school district in the unified district. The rights of such an employee to employment with the unified district shall be governed by the laws defining the rights of employees of a predecessor school district included within a unified school district to continue in employment as employees of the including unified school district. (Enacted by Stats. 1976, Ch. 1010.)
  121. 44046.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Small school district governing boards may contract for qualified social workers, the State Board of Education must adopt implementation rules, and authorized social workers are not required to hold the usual credentials or certification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44046. (a) The governing board of a small school district, which does not employ persons charged with school-community duties of counseling students and parents or guardians in their homes, may contract with any qualified social service agency or organization to secure the services, on a part-time or full-time basis, of qualified social workers as counselors in schools and in the homes of pupils. The State Board of Education shall adopt rules and regulations for the implementation of this section, but such social workers shall not be required to hold credentials or certification documents otherwise required under this code for service in the public schools. (b) Social workers authorized to serve under this section, as well as credentialed school social workers in districts other than small school districts, may perform, but are not limited to, the performance of the following service to children, parents, school personnel, and community agencies: (1) Group and individual counseling and casework with parents and children relating to learning and adjustment problems of children, including parent education. (2) Liaison with community resources offering services to schoolchildren and their families. (3) Consultation with parents and others in crisis situations, such as truancy, drug abuse, suicide threats, assaults, and child abuse. (4) Assessment of social and behavioral disabilities affecting learning, including but not limited to case study evaluation, recommendations for remediation or placement, and periodic reevaluation. (5) Participation in and coordination of staff development programs for professional, paraprofessional, and classified school staff and supervision of pupil personnel services workers. (6) Coordination of social service and mental health components of children’s centers and other early childhood development programs in the public schools. (7) Consultation and collaboration with school personnel to promote a school environment responsive to the needs of children and the planning of educational programs which will prepare children to function in a culturally diversified society. (c) As used in this section “small school district” means any of the following school districts: (1) A unified school district having an average daily attendance of less than 1,501. (2) A high school district having an average daily attendance of less than 301. (3) An elementary school district having an average daily attendance of less than 901. (Enacted by Stats. 1976, Ch. 1010.)
  122. 44047.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Before a school district starts Saturday or Sunday classes, its governing board must consult in good faith with employees, affected parents, and the community, and must hold at least one public hearing with adequate notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44047. Prior to implementing in any school of the district classes on Saturday or Sunday, or both, the governing board of a school district shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. (Enacted by Stats. 1976, Ch. 1010.)
  123. 44048.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A classified school employee cannot be required to change to a Saturday or Sunday workweek without written consent, and cannot be assigned Saturday or Sunday work if they object in writing on religious grounds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44048. A classified school employee currently employed by any school district or a county superintendent of schools which decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to change his or her workweek to include Saturday or Sunday, or both. No such classified employee shall be assigned to perform services on a Saturday or Sunday if such classified employee objects in writing that such assignment would conflict with his or her religious beliefs or practices. Enactment of this section shall cause no change or disruption in existing work schedules which may already include Saturday or Sunday as regular workdays. This section shall not be construed as limiting the power of any governing board of a school district, or a county superintendent of schools, to govern the schools of the district, including the assignment of classified employees employed by such district or county superintendent of schools. This section shall not be construed as modifying or otherwise affecting in any way the provisions of Sections 45127, 45128, or 45131, or any other provisions of this code relating to employment of classified employees. (Enacted by Stats. 1976, Ch. 1010.)
  124. 44049.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A principal or the principal’s designee may report a pupil’s known or suspected alcohol or controlled substance abuse to the parent or legal custodian, but must not do so if the report would disclose confidential information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44049. (a) Except as provided in subdivision (c), any principal or person designated by the principal who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a pupil whom he or she knows, or reasonably suspects as evidenced by the pupil’s apparent intoxication, has consumed an alcoholic beverage or abused a controlled substance, as listed in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, may report the known or suspected instance of alcohol or controlled substance abuse to the parent or parents, or other person having legal custody, of the student. (b) No principal or his or her designee who reports a known or suspected instance of alcohol or controlled substance abuse by a pupil to the parent or parents, or other person having legal custody, of the pupil shall be civilly or criminally liable, for any report or as a result of any report, unless it can be proven that a false report was made and the principal or his or her designee knew that the report was false or was made with reckless disregard for the truth or falsity of the report. Any principal or his or her designee who makes a report known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused. (c) No principal or person designated by the principal shall report a known or suspected instance of alcohol or controlled substance abuse by a pupil to the parent or parents, or other person having legal custody, of the pupil if the report would require the disclosure of confidential information in violation of Section 49602 or 72621. (Amended by Stats. 2002, Ch. 1168, Sec. 29. Effective September 30, 2002.)
  125. 44050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain schools and local educational agencies must give parents a written copy of their employee-interactions policy and post it online or provide a link.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44050. (a) A local educational agency, or a person, firm, association, partnership, or corporation offering or conducting private school instruction at the elementary or high school level, that maintains a section on employee interactions with pupils in its employee code of conduct shall do both of the following: (1) Commencing July 1, 2018, provide a written copy of the section on employee interactions with pupils in its code of conduct to the parent or guardian of each enrolled pupil at the beginning of each school year. (2) Commencing January 1, 2018, post the section on employee interactions with pupils in its code of conduct, or provide a link to it, on each of its schools’ Internet Web sites, or, if a school of a local educational agency does not have its own Internet Web site, on the local educational agency’s Internet Web site, in a manner that is accessible to the public without a password. (b) A local educational agency may satisfy the requirement to provide a written copy of the section on employee interactions with pupils in its code of conduct to the parent or guardian of each enrolled pupil by including the section on employee interactions with pupils in its code of conduct in the notice required pursuant to Section 48980. (c) For purposes of this section, a local educational agency includes a school district, county office of education, or charter school. (d) This section shall not be construed to require a local educational agency, a school within a local educational agency, or a private school to create an Internet Web site if it does not have one. (e) This section does not apply to a private school composed of parents or guardians working exclusively with their own children. (Added by Stats. 2017, Ch. 580, Sec. 1. (AB 500) Effective January 1, 2018.)
  126. 44051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Applicants must give prospective school employers a list of past school employers, and certain school employers must check those employers and share relevant misconduct information when asked.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or applying for any position at a private school, shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of. (2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department considering an applicant for a noncertificated position, and private schools considering an applicant for any position, shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were used to support a substantiated investigation. (3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was used to support a substantiated investigation, within its possession. (b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. (Added by Stats. 2025, Ch. 460, Sec. 6. (SB 848) Effective January 1, 2026.)
  127. 44052.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The commission must create a statewide data system by July 1, 2027 if funded, and school employers must review and report certain hiring and investigation information on employees to that system within set deadlines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Rights and Duties [44030 - 44052] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44052. (a) On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a local educational agency or in any position for a private school employer: (1) The name, date of birth, and a unique identification number of the employee. (2) The name of the school employer. (3) The starting date, ending date, if applicable, and title for each school position held by the employee. (4) The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027. (5) The date an investigation described in paragraph (4) was commenced. (6) The date a substantiated report described in paragraph (4) was filed. (b) Those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school employer, review the statewide data system established pursuant to subdivision (a) to determine whether an investigation resulted in a substantiated report pursuant to paragraph (4) of subdivision (a). (c) Within 30 calendar days of hiring an individual for a noncertificated position at a local educational agency or for any position at a private school employer, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the position. (d) Within 30 calendar days of an individual changing into, or adding, a noncertificated position with the same local educational agency employer or any position at a private school organization, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the new or additional position. (e) Within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the final date of employment or final date in the position. (f) (1) Within 10 calendar days of the start of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced. (2) Statewide data system records shall indicate a pending status from the receipt of notice pursuant to paragraph (1) until the local educational agency employer or private school employer submits subsequent notice pursuant to this subdivision. (3) Within 10 calendar days of the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice stating the result of the investigation to the statewide data system. (A) If an investigation of egregious misconduct results in a substantiated report as defined in subdivision (b) of Section 11165.12 of the Penal Code, a record of the investigation result shall be created in the statewide data system. (B) If an investigation of egregious misconduct results in an unfounded report or inconclusive report as defined in Section 11165.12 of the Penal Code, no record of an investigation shall be created in the statewide data system. (4) If a noncertificated employee leaves a local educational agency employer or any employee leaves a private school employer before the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice of the change in employment status mid-investigation to the statewide data system to be included in the employee’s record. (5) If a previously substantiated report is later determined by the governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall notify the commission within 10 days. Upon receiving the notification, the commission shall remove the report from the statewide data system. (g) The commission shall serve only as the data administrator for records submitted to the statewide data system pursuant to this section. The commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the information submitted by local educational agency employers or private school employers. (h) For purposes of this section, the following definitions apply: (1) “Egregious misconduct” has the same meaning as defined in Section 44932. (2) “Local educational agency” means a school district, county office of education, charter school, or state special school or diagnostic center operated by the department. (Added by Stats. 2025, Ch. 460, Sec. 7. (SB 848) Effective January 1, 2026.)
  128. 44060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section states the article’s purpose: to define certain classified positions, allow interchange between certificated and classified personnel, and protect employees’ rights and benefits when moving between those services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44060. The purpose of this article is to provide a basis of determination as to what constitutes a supervisory or administrative classified position or a position requiring certification qualifications not clearly defined in other sections of this code; to provide an interchange of qualified personnel between the certificated and classified services of the public school systems; and to secure rights and benefits to employees moving between the two services, all to the end of assuring better educational systems for the students of the public school systems. The provisions of this article are not intended, nor may they be construed, to invalidate any other sections of this code which were enacted prior to the enactment of this article, relating to positions requiring certification qualifications or the classified service covered in Article 6 (commencing with Section 45240) of Chapter 5 of this part, unless specifically provided herein. This article shall where appropriate apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of Chapter 5 of this part. (Enacted by Stats. 1976, Ch. 1010.)
  129. 44061.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If a county superintendent moves a certificated employee into a non-certificated position under the same superintendent, the employee keeps specified leave, rights, and benefits, and certain seniority and tenure rights are protected for 39 months.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44061. If a person employed by the county superintendent of schools in a position requiring certification qualifications is assigned to a position under the same superintendent not requiring certification qualifications, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by him at the time of assignment to the position not requiring certification qualifications shall be secured to him for a period of 39 months from the time of acceptance of the classified position. His return to certificated service at any time within the 39 months shall be treated as if there had not been an interruption in his certificated service. (Enacted by Stats. 1976, Ch. 1010.)
  130. 44062.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    An employee moved from a noncertificated job to a certificated job under the same county superintendent keeps accumulated leave and benefits, keeps seniority and permanency rights for 39 months, and may return to the prior classified job during that period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44062. If a person employed by the county superintendent of schools in a position not requiring certification qualifications is assigned to a position under the same superintendent requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by him at the time of assignment to the position requiring certification qualifications. All seniority and permanency rights shall be secured to such an employee for a period of 39 months from the date of his acceptance of the certificated position. Such an employee shall be eligible to return to and assume the duties of his prior classified position at any time during the 39 months and his return shall be treated as if there had not been an interruption in his classified service. (Enacted by Stats. 1976, Ch. 1010.)
  131. 44063.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district employee who moves from a certificated position to a classified-service position in the same district keeps specified leave, seniority, and tenure rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44063. If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position requiring certification qualifications is assigned to a position in the classified service of the same district, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by the employee at the time of assignment to the position in the classified service shall be secured to the employee during the period of time he or she occupies a position in the classified service. The employee’s return to certificated service at any time shall be treated as if there had not been an interruption in his or her certificated service. (Amended by Stats. 1985, Ch. 1038, Sec. 1.)
  132. 44064.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district employee who moves from classified service to a certificated position keeps accumulated leave and other benefits, keeps seniority and permanency rights, and is treated as having continuous classified service when returning.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44064. If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position in the classified service is assigned to a position in the same district requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by the employee at the time he or she is assigned to a position requiring certification qualifications. All seniority and permanency rights shall be secured to the employee during the period of time he or she occupies a position in the certificated service. The employee’s return to the classified service at any time shall be treated as if there had not been an interruption in his or her classified service. (Amended by Stats. 1985, Ch. 1038, Sec. 2.)
  133. 44065.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain school district and county superintendent employees performing mostly specified supervisory or instructional functions must hold an appropriate valid teaching or service credential, subject to listed exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44065. (a) Except as provided in subdivision (d), any person employed on or after July 1, 1963, by a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5 of this part, or by a county superintendent of schools, in a position in which 50 percent or more of his or her duties performed during the school year, whether performed in a particular school or district or countywide, consist of rendering service in directing, coordinating, supervising or administering any portion or all of the types of functions listed below in this section shall hold a valid teaching or service credential as appropriate, whichever is designated in regulations adopted by the Commission on Teacher Credentialing, authorizing the particular service. The types of functions are: (1) The work of instructors and the instructional program for pupils. (2) Educational or vocational counseling, guidance and placement services. (3) School extracurricular activities related to, and an outgrowth of, the instructional and guidance program of the school. (4) Planning courses of study to be used in the public schools of the state. (5) The selection, collection, preparation, classification or demonstration of instructional materials of any course of study for use in the development of the instructional program in the schools of the state. (6) Research connected with the evaluation and efficiency of the instructional program. (7) The school health program. (8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils. (9) The school library services. (10) The preparation and distribution of instructional materials. (11) The in-service training of teachers, principals, or other certificated personnel. (12) The interpretation and evaluation of the school instructional program. (13) The examination, selection, or assignment of teachers, principals, or other certificated personnel involved in the instructional program. (b) Any person who was employed by a district or by a county superintendent of schools before July 1, 1963, to perform any of the services designated by the Commission on Teacher Credentialing to require a supervision or administration credential, may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed to perform the same services in that county superintendent’s office or in that district in which he was employed on that date, or is continuously employed to perform the same services in a district which results from a reorganization involving the same district. (c) Notwithstanding any other provision of law, the governing board of any school district maintaining kindergarten or any of grades 1 to 12, inclusive, or providing adult education classes, may employ for purposes of instructing apprentices duly registered with the Division of Apprenticeship Standards, persons holding any of the following valid credentials: (1) A community college instructor credential. (2) A community college limited service credential. (3) A community college special limited service credential. (d) Notwithstanding subdivision (a), a school district or county superintendent of schools may hire persons who do not hold valid teaching or service credentials to perform the examination, selection or assignment of teachers, principals, or certificated personnel involved in the instructional program. (Amended by Stats. 1986, Ch. 916, Sec. 1.)
  134. 44066.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Specified school authorities may not require employees or applicants to hold a certification, license, or other credential unless a statute requires it or the credential is a bona fide occupational qualification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44066. A governing board of any school district or a county board of education or a county superintendent of schools or other appointing authority shall not require an employee or applicant to possess any certification, license, or other credential unless the possession of such a certification, license, or other credential is required by statute or is based upon a bona fide occupational qualification. It is the intent of the Legislature that any person who had served in a position for which certification, license, or other credential not necessitated by statute or bona fide occupational qualification, had been required, and in a position which was designated by the governing board as a position requiring certification qualifications, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds such position and it is further the intent of the Legislature that such position shall be deemed to be a certificated position for as long as such person holds such position. (Amended by Stats. 1977, Ch. 699.)
  135. 44067.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person serving in a qualifying position on September 15, 1961 is treated as an employee in a position requiring that credential or certification while they keep that position.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44067. Any person who, on September 15, 1961, is serving in a position for which a credential was issued or certification qualifications required pursuant to Section 44286 prior to the repeal of such sections, shall be deemed to be an employee in a position requiring such credential or certification qualifications for as long as he holds such position after September 15, 1961. (Enacted by Stats. 1976, Ch. 1010.)
  136. 44068.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain people who were serving in specified certificated roles on June 30, 1965 are treated as employees in certificated positions while they continue in that role after January 1, 1987.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44068. Any person who, on June 30, 1965, was serving in a position requiring certification qualifications pursuant to the provisions of subdivisions (m), (n), and (o) of Section 13055 as amended by Chapter 840 of the Statutes of 1963, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position. (Amended by Stats. 1986, Ch. 916, Sec. 2.)
  137. 44068.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A covered person is treated as holding a certificated position, and the related position is treated as certificated, while the person continues in that position after January 1, 1987.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44068.5. Any person who, on July 1, 1986, was serving in a position requiring certification qualifications pursuant to the provisions of paragraph (6) of subdivision (a) of Section 44065 as amended by Chapter 905 of the Statutes of 1985, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position. (Added by Stats. 1986, Ch. 916, Sec. 3.)
  138. 44069.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says most business managers cannot be required to be credentialed, but a small school district board may require it; two older business-manager positions are treated as certification-qualified positions while held in the same district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44069. (a) Any person who, on September 17, 1965, was serving in a position as business manager and had been assigned a title listed in Section 35028 shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district. (b) Any person who, on March 4, 1972, was serving in a position of business manager and that position had been declared, by the governing board, to be one requiring certification qualifications in accordance with the authority extended in this section prior to March 4, 1972, shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district. (c) Except as provided in subdivision (d), on and after March 4, 1972, no person employed in a position of business manager shall be required to be credentialed and no title assignment, work, duty statement or other device, including but not limited to educational or other requirements of applicants, which may be established by the governing board, may be construed to require certification qualifications for any such position or reasonably related position. (d) The governing board of any school district with less than 3,000 units of average daily attendance in the prior fiscal year may require any person employed in a position of business manager to be credentialed. (Enacted by Stats. 1976, Ch. 1010.)
  139. 441.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. )

    Verify source ↗

    If a local educational agency gets federal funds for a language instruction program and does not make required progress, it must notify each affected parent or guardian within 30 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. ) ## 441. A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement objectives in any fiscal year shall inform each parent or guardian of each pupil identified for participation in that program, or participating in that program, within 30 days of the occurrence of the failure, as required pursuant to Section 7012 (b) of Title 20 of the United States Code. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
  140. 44100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. )

    Verify source ↗

    The Legislature says educational agencies should adopt and implement plans to increase the number of women and minority persons in all levels of responsibility.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. ) ## 44100. (a) The Legislature finds and declares the following: (1) Generally, California school districts employ a disproportionately low number of racial and ethnic minority classified and certificated employees and a disproportionately low number of women and members of racial and ethnic minorities in administrative positions. (2) It is educationally sound for the minority student attending a racially impacted school to have available to him or her the positive image provided by minority classified and certificated employees. It is likewise educationally sound for the child from the majority group to have positive experiences with minority people, that can be provided, in part, by having minority classified and certificated employees at schools where the enrollment is largely made up of majority group students. It is also educationally important for students to observe that women as well as men can assume responsible and diverse roles in society. (3) Past employment practices created artificial barriers and past efforts to promote additional action in the recruitment, employment, and promotion of women and minorities did not result in a substantial increase in employment opportunities for these persons. (4) Lessons concerning democratic principles and the richness that racial diversity brings to our national heritage can be best taught by staffs composed of mixed races and ethnic groups working toward a common goal. (b) It is the intent of the Legislature to do all of the following: (1) Establish and maintain a policy of equal opportunity in employment for all persons. (2) Prohibit discrimination 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 Section 12940 of the Government Code, in every aspect of personnel policy and practice in the employment, development, advancement, and treatment of persons employed in the public school system. (3) Promote the total realization of equal employment opportunity through a continuing affirmative action employment program. (c) The Legislature recognizes that it is not enough to proclaim that public employers do not discriminate in employment, but that effort must also be made to build a community in which opportunity is equalized. It is the intent of the Legislature to require educational agencies to adopt and implement plans for increasing the numbers of women and minority persons at all levels of responsibility. (Amended by Stats. 2004, Ch. 788, Sec. 1. Effective January 1, 2005.)
  141. 44101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. )

    Verify source ↗

    This section defines “affirmative action employment program,” “goals and timetables,” and “public education agency” for the article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. ) ## 44101. For the purposes of this article the following definitions apply: (a) (1) “Affirmative action employment program” means planned activities designed to seek, hire, and promote persons who are underrepresented in the work force compared to their numbers in the population, including individuals with disabilities, women, and persons of minority racial and ethnic backgrounds. It is a conscious, deliberate step taken by a hiring authority to assure equal employment opportunity for all staff, both certificated and classified. These programs require the employer to make additional efforts to recruit, employ, and promote members of groups formerly excluded at the various levels of responsibility who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. These programs should be designed to remedy the exclusion, whatever its cause. (2) Affirmative action requires imaginative, energetic, and sustained action by each employer to devise recruiting, training, and career advancement opportunities that will result in an equitable representation of women and minorities in relation to all employees of the employer. (b) “Goals and timetables” means projected new levels of employment of women and minority racial and ethnic groups to be attained on an annual schedule, given the expected turnover in the work force and the availability of persons who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. Goals are not quotas or rigid proportions. They should relate both to the qualitative and quantitative needs of the employer. (c) “Public education agency” means the Department of Education, each office of the county superintendent of schools, and the governing board of each school district in California. (Amended by Stats. 2004, Ch. 788, Sec. 2. Effective January 1, 2005.)
  142. 44103.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. )

    Verify source ↗

    County superintendents of schools must help certain school districts develop and implement affirmative action employment programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. ) ## 44103. Each county superintendent of schools shall render assistance in developing and implementing affirmative action employment programs to elementary school districts under his jurisdiction which had fewer than 901 units of average daily attendance during the preceding fiscal year, and to high school districts under his jurisdiction which had fewer than 301 units of average daily attendance during the preceding fiscal year, and to unified school districts under his jurisdiction which had fewer than 1,501 units of average daily attendance during the preceding fiscal year. (Added by Stats. 1977, Ch. 1090.)
  143. 44104.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. )

    Verify source ↗

    The department must help local educational agencies adopt and maintain high-quality affirmative action programs and must develop and share guidelines for public education agencies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. ) ## 44104. The department, out of funds appropriated for such purposes, (1) shall provide assistance to local educational agencies in adopting and maintaining high-quality affirmative action programs and (2) develop and disseminate to public education agencies guidelines to assist the agencies in developing and implementing affirmative action employment programs. (Amended by Stats. 1994, Ch. 922, Sec. 75. Effective January 1, 1995.)
  144. 44105.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. )

    Verify source ↗

    The State Board of Education must adopt the rules and regulations needed to carry out this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Affirmative Action Employment [44100 - 44105] ( Article 4 added by Stats. 1977, Ch. 1090. ) ## 44105. The State Board of Education shall adopt all necessary rules and regulations to carry out the intent of this article. (Added by Stats. 1977, Ch. 1090.)
  145. 44110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. )

    Verify source ↗

    This article may be referred to as the Reporting by School Employees of Improper Governmental Activities Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. ) ## 44110. This article shall be known and may be referred to as the Reporting by School Employees of Improper Governmental Activities Act. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.)
  146. 44111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. )

    Verify source ↗

    The Legislature states that school employees and other persons should disclose improper governmental activities unless disclosure is expressly prohibited by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. ) ## 44111. It is the intent of the Legislature that school employees and other persons disclose, to the extent not expressly prohibited by law, improper governmental activities. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.)
  147. 44112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including employee, illegal order, improper governmental activity, person, protected disclosure, and public school employer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. ) ## 44112. For the purposes of this article, the following terms have the following meanings: (a) “Employee” means a public school employee as defined in subdivision (j) of Section 3540.1 of the Government Code. (b) “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) “Improper governmental activity” means an activity by a public school agency or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that activity is within the scope of his or her employment, and that meets either of the following descriptions: (1) The activity violates a state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty. (2) The activity is economically wasteful or involves gross misconduct, incompetency, or inefficiency. (d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing. (e) “Protected disclosure” means a good faith communication that discloses or demonstrates an intention to disclose information that may evidence either of the following: (1) An improper governmental activity. (2) Any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. (f) “Public school employer” has the same meaning as in subdivision (k) of Section 3540.1 of the Government Code. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.)
  148. 44113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. )

    Verify source ↗

    An employee must not use official authority or influence to intimidate, threaten, coerce, or command anyone in order to stop that person from disclosing article-related matters to an official agent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. ) ## 44113. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article. (b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (c) For the purpose of subdivision (a), “official agent” includes a school administrator, member of the governing board of a school district or county board of education, county superintendent of schools, or the Superintendent of Public Instruction. (d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.)
  149. 44114.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. )

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    A public school employee or applicant may file a complaint copy with local law enforcement, but it must be filed within 12 months of the most recent reprisal. Retaliation-type conduct against such a person can trigger fines, jail, employer discipline, damages, and possible attorney’s fees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. Employees [44000 - 44114] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] ( Article 5 added by Stats. 2000, Ch. 531, Sec. 1. ) ## 44114. (a) A public school employee or applicant for employment with a public school employer who files a written complaint with his or her supervisor, a school administrator, or the public school employer alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 44113 for having disclosed improper governmental activities or for refusing to obey an illegal order may also file a copy of the written complaint with the local law enforcement agency together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the local law enforcement agency shall be filed within 12 months of the most recent act of reprisal that is the subject of the complaint. (b) A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year. Any public school employee, officer, or administrator who intentionally engages in that conduct shall also be subject to discipline by the public school employer. If no adverse action is instituted by the public school employer and it is determined that there is reasonable cause to believe that an act of reprisal, retaliation, threats, coercion, or similar acts prohibited by Section 44113 occurred, the local law enforcement agency may report the nature and details of the activity to the governing board of the school district or county board of education, as appropriate. (c) In addition to all other penalties provided by law, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, an action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the local law enforcement agency. (d) This section is not intended to prevent a public school employer, school administrator, or supervisor from taking, failing to take, directing others to take, recommending, or approving a personnel action with respect to a public school employee or applicant for employment with a public school employer if the public school employer, school administrator, or supervisor reasonably believes the action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure as defined in subdivision (e) of Section 44112. (e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective public school employee, the burden of proof shall be on the supervisor, school administrator, or public school employer to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the public school employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, school administrator, or public school employer fails to meet this burden of proof in an adverse action against the public school employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the public school employee shall have a complete affirmative defense in the adverse action. (f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of a public school employee under any other federal or state law or under an employment contract or collective bargaining agreement. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action. (Amended by Stats. 2001, Ch. 159, Sec. 68. Effective January 1, 2002.)
  150. 442.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. )

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    A local educational agency may be eligible for a federal subgrant if the State Department of Education determines it has had a significant increase in immigrant pupils and the agency agrees to use the funds to help those pupils learn English and meet state standards.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] ( Chapter 6 added by Stats. 2002, Ch. 1014, Sec. 1. ) ## 442. In accordance with Section 6824 (d) of Title 20 of the United States Code, a local educational agency that experiences a significant increase, as determined by the State Department of Education, in the number of immigrant pupils in comparison to the average of the preceding two years may be eligible for a federal subgrant if that local educational agency agrees to expend the funds to improve the education of immigrant pupils by assisting the pupils to learn English and meet challenging state academic content and pupil achievement standards. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.)
  151. 44200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This chapter may be cited as the “Teacher Credentialing Law of 1988” or “The Bergeson Act.”

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44200. This chapter shall be known and may be cited as the “Teacher Credentialing Law of 1988” or “The Bergeson Act.” (Amended by Stats. 1989, Ch. 1360, Sec. 24.)
  152. 44202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The commission has authority over services provided to pupils in grade 12 or below.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44202. It is the intent of the Legislature that the commission shall exercise authority over all services provided to pupils in grade 12 or below. It is not the intent of the Legislature to authorize the commission to issue credentials authorizing service in grades 13 and 14, or in any institution of higher education. (Amended by Stats. 2024, Ch. 471, Sec. 13. (SB 1329) Effective January 1, 2025.)
  153. 44203.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section defines key terms used in teacher credentialing rules, including authorization, basic teaching credential, beginning teacher assessment and support, institution of higher education, professional teacher certification requirements, and regionally accredited.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 1. General Provisions [44200 - 44203] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 44203. In this chapter, the following terms shall be defined as specified in this section: (a) “Authorization” means the designation that appears on a credential, certificate, or permit that identifies the subjects and circumstances in which the holder of the credential, certificate, or permit may teach, or the services that the holder may render in the public schools of this state. (b) (1) “Basic teaching credential” means either of the following: (A) A credential that authorizes the holder to teach the subjects named on the credential, and for which possession of a baccalaureate degree from a regionally accredited institution of higher education and completion of a professional preparation program that includes student teaching or completion of a district internship program pursuant to Section 44325 are minimum requirements. (B) A clear designated subjects teaching credential that authorizes the holder to teach the subjects named on the credential on a full-time basis if the holder also possesses a baccalaureate degree from a regionally accredited institution of higher education and has passed the state basic skills proficiency test. (2) A basic teaching credential meets the prerequisite teaching credential requirement for any other teaching, specialist, or service credential the commission is authorized to issue. (c) “Beginning teacher assessment” means a process that has been adopted or approved by the commission for measuring the performances of the holders of preliminary teaching credentials in order to help them improve, and to determine whether their performances satisfy the commission’s standards of performance for earning the clear teaching credential. (d) “Beginning teacher support” means a combination of assistance, guidance, encouragement, and diagnostic assessment that helps the holders of preliminary teaching credentials to fulfill their professional responsibilities effectively during the first year or two years of classroom teaching, and that satisfies standards of support adopted by the commission. (e) “Institution of higher education” means an institution that grants baccalaureate or higher degrees. (f) “Professional teacher certification requirements” means a policy of requiring each beginning teacher to complete a program of planned support and systematic assessment, as determined by the commission, as a condition for earning a clear teaching credential. (g) “Regionally accredited” means either of the following: (1) (A) An institution of higher education that has been accredited by the Accrediting Commission for Senior Colleges and Universities, the Western Association of Schools and Colleges, the Higher Learning Commission, the Middle States Commission on Higher Education, the Northwest Commission on Colleges and Universities, the New England Commission of Higher Education, or the Southern Association of Colleges and Schools Commission on Colleges. (B) A community or junior college that confers baccalaureate degrees and is regionally accredited by an accrediting agency listed in subparagraph (A) or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may meet this definition. (2) An institution of higher education that held preaccreditation status at the time the degree of an applicant for a credential was conferred, if the institution achieved full regional accreditation status within five years of earning preaccreditation status. (Amended by Stats. 2021, Ch. 663, Sec. 1. (AB 320) Effective January 1, 2022.)
  154. 44210.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    This section establishes the Commission on Teacher Credentialing and sets how its 15 voting members are appointed and when appointments end.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44210. (a) There is hereby established in the state government the Commission on Teacher Credentialing, to consist of 15 voting members, 14 of whom shall be appointed by the Governor with the advice and consent of the Senate, as specified in paragraphs (2) to (9), inclusive. The commission shall consist of the following members: (1) The Superintendent or the Superintendent’s designee. (2) (A) Six practicing teachers from public elementary and secondary schools in California, except as provided in subparagraph (B). (B) Of the six members appointed pursuant to this paragraph, one member may be a teacher holding a commission-issued child development teacher permit who teaches at a state-funded preschool program or prekindergarten program licensed pursuant to Chapter 19 of Division 1 of Title 5 of the California Code of Regulations. (3) One person who is employed on the basis of a services credential other than an administrative services credential. (4) One member of the governing board of a school district. (5) One early childhood faculty member representing the early childhood higher education systems who teaches at either (A) an early childhood or child development baccalaureate degree program at one of the California State University or University of California campuses or (B) an associate degree program in one of the California Community Colleges’ early childhood education programs. The Governor shall make the initial appointment pursuant to this paragraph upon the occurrence of the first vacancy of a public representative position, as described in paragraph (6), that occurs on or after January 1, 2026. (6) Three representatives of the public, until the first vacancy of a member appointed pursuant to this paragraph that occurs on or after January 1, 2026, after which there shall be two representatives of the public. The occurrence of this vacancy shall not affect the status of the remaining two public representatives that had previously been appointed. None of these persons shall have been employed by an elementary or secondary school district in a position requiring certification, or shall have served as a school district governing board member in the five-year period immediately before the public member’s appointment to the commission. (7) One school administrator in a public elementary or secondary school in California. (8) One certificated human resources administrator in a public elementary or secondary school in California. (9) One faculty member from a college or university that grants baccalaureate degrees. (b) With the exception of the representatives of the public and the Superintendent, the appointment of a member shall terminate if the member is no longer a practicing teacher in a public elementary or secondary school or a teacher holding a commission-issued child development permit as described in paragraph (2) of subdivision (a), a person who is employed on the basis of a valid services credential, a school administrator, a certificated human resources administrator, a faculty member of a college or university that grants baccalaureate degrees, a faculty member as described in paragraph (5) of subdivision (a), or a member of the governing board of a school district, as may be the case, in California. (c) Not more than one member of the commission is to be appointed from the same school district or college or university campus. (d) Commencing July 1, 1989, four members shall be appointed to the commission for terms of two years, five members for terms of three years, and five members for terms of four years. (e) Each appointment pursuant to this section shall expire on November 20 of the year of expiration of the applicable term. All appointments made pursuant to this section are subject to Section 44213. (Amended by Stats. 2025, Ch. 181, Sec. 1. (AB 1123) Effective January 1, 2026.)
  155. 44210.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The Legislature states that commission appointees should reflect the ethnic and cultural diversity of California public schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44210.5. It is the intent of the Legislature that appointees to the commission reflect the ethnic and cultural diversity of the California public schools. (Added by Stats. 1988, Ch. 1355, Sec. 4.6.)
  156. 44211.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    Representatives of statewide organizations may submit names of distinguished individuals for the Governor to consider for commission service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44211. Representatives of statewide organizations may submit for the Governor’s consideration the names of distinguished individuals to serve on the commission. (Enacted by Stats. 1976, Ch. 1010.)
  157. 44212.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    Certain education governing bodies must each appoint a representative to serve as an ex officio, nonvoting member of the commission. Ex officio members generally may not vote, but the commission may allow voting in committees or subcommittees by majority vote for quorum or other reasons it decides.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44212. (a) The Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Association of Independent California Colleges and Universities shall each appoint a representative to serve as an ex officio member without a vote in proceedings of the commission. (b) The ex officio members shall not vote in the proceedings of the commission or in any of its committees or subcommittees, except, by a majority vote of the commission, ex officio members may be permitted to vote in committees or subcommittees in order to establish a quorum or as otherwise determined by majority vote of the commission. (Amended by Stats. 2020, Ch. 370, Sec. 59. (SB 1371) Effective January 1, 2021.)
  158. 44213.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    When an appointive commission member’s term ends, the successor must be appointed for four years. No one may be appointed by the Governor to serve more than two consecutive full terms.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44213. Except as otherwise provided pursuant to Section 44210, upon the expiration of the term of office of an appointive member of the commission, the member’s successor shall be appointed for a term of four years. No person shall be appointed by the Governor to serve more than two consecutive full terms. Prior service on the commission for a term of less than three years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be counted as a full term. (Amended by Stats. 1988, Ch. 1355, Sec. 4.8.)
  159. 44214.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    A commission member’s office becomes vacant if the member misses four regularly scheduled meetings in a calendar year, and the chairperson must promptly notify the Governor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44214. If a member is absent from any four regularly scheduled meetings in any calendar year, his or her office as a member of the commission shall be deemed vacant. The chairperson of the commission shall forthwith notify the Governor that the vacancy exists. (Amended by Stats. 1990, Ch. 216, Sec. 15.)
  160. 44215.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    Commission members generally serve without pay, except as provided in Section 44217 for private citizens, and they may be reimbursed for actual and necessary travel expenses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44215. Except as provided pursuant to Section 44217 with respect to private citizens, the members of the commission shall serve without compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. (Amended by Stats. 1978, Ch. 442.)
  161. 44216.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    An employer must let a commission member-employee take enough time off to attend commission meetings and perform commission duties, without losing pay or other employment benefits. The employer may also provide needed clerical or staff help.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44216. Whenever an employee of any public school district, state college, or other public agency is appointed to membership on the commission, his employer shall grant him sufficient time away from his regular duties, without loss of income or other benefits to which he is entitled by reason of his employment, to attend meetings of the commission and to attend to the duties imposed upon him by reason of his membership on the commission. The employer of any such member may make available such stenographic, secretarial, and staff assistance as is reasonably necessary to enable him to execute the duties imposed upon him by reason of his membership on the commission. (Enacted by Stats. 1976, Ch. 1010.)
  162. 44217.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The compensation of public-employee commission members cannot be reduced for time spent on commission business, school districts may be reimbursed for replacement costs, and private citizen members may receive a stipend of up to $50 per day if attendance causes loss of income.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44217. The compensation of the members of the commission who are public employees shall not be reduced by the agency or body by which they are regularly employed for any absence from service occasioned by attendance upon the business of the commission, its committees or subcommittees. Each school district which employs a member of the commission and which is required to employ a person to replace such member during his attendance at meetings of the commission or any committee or subcommittee thereof, shall be reimbursed from the Teacher Credentials Fund for the cost incurred by employing a replacement. A private citizen member may be provided from the Teacher Credentials Fund a stipend of up to fifty dollars ($50) per day, exclusive of per diem, for attendance at a meeting of the commission or any committee or subcommittee thereof, if such attendance results in loss of income. (Amended by Stats. 1978, Ch. 442.)
  163. 44218.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

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

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44218. The commission by majority vote of all its members shall elect its own chairman from among its members. (Enacted by Stats. 1976, Ch. 1010.)
  164. 44219.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must meet at least once each quarter, and it should meet more often if needed to resolve misconduct allegations within six months of an investigation starting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44219. The commission shall meet as deemed appropriate and necessary by the chairperson and the executive committee to accomplish its duties, but shall meet no fewer than once each quarter of the year. In order that any allegation of misconduct and the effect thereof, if any, upon the application or credential of a certified employee are determined, as required by subdivision (b) of Section 44244, no later than six months after an investigation is commenced, the commission or the Committee of Credentials shall meet more frequently than once each quarter, if possible. (Amended by Stats. 2005, Ch. 73, Sec. 6. Effective July 19, 2005.)
  165. 44220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must appoint an executive director, and that director is exempt from the State Civil Service Act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44220. (a) The commission shall appoint an executive director, who shall be exempt from the provisions of the State Civil Service Act, and may in its discretion remove him or her by a majority vote of all its members. He or she shall be the secretary to the commission and its chief executive officer. He or she shall receive the salary that the commission determines, and, subject to appropriation, other prerequisites that the commission determines. (b) Any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate is delegated to the executive director, unless the commission specifically has reserved the same for its own action. (c) Pursuant to subdivision (aa) of Section 11126 of the Government Code, the commission may hold closed sessions when considering matters relating to the recruitment, appointment, employment, or removal of the executive director. (Amended by Stats. 1992, Ch. 1050, Sec. 1. Effective January 1, 1993.)
  166. 44221.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission may hire personnel, and certain transferred staff remain under state civil service rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44221. The commission may employ personnel as necessary to carry out its duties and responsibilities. The staff of the commission shall be subject to the provisions of the State Civil Service Act contained in Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code. All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred to the Commission on Teacher Credentialing or engaged in the administration of a law, the administration of which is transferred to the commission, shall remain in the state civil service and may request transfer to the commission or remain with the department on the effective date of this section. The status, position, and rights of any person shall not be affected by his or her transfer and shall continue to be retained pursuant to the State Civil Service Act, except as to positions the duties of which are vested in a position that is exempt from civil service. (Amended by Stats. 2009, Ch. 53, Sec. 1. (SB 512) Effective January 1, 2010.)
  167. 44221.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The Governor may appoint one deputy to the commission’s executive director, and that deputy is exempt from state civil service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44221.1. (a) The Governor may appoint one deputy to the executive director of the commission. A deputy to the executive director appointed pursuant to this section shall be exempt from state civil service pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution. (b) It is the intent of the Legislature that appointments to the exempt position described in subdivision (a) do not result in an increase in the amount appropriated to the commission in the annual Budget Act or a net increase in the expenditures of the commission. (Added by Stats. 2024, Ch. 889, Sec. 1. (SB 1263) Effective January 1, 2025.)
  168. 44222.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The Department of Education must help the commission in whatever way the commission requests when carrying out this chapter, and its expenses for that assistance are to be reimbursed from the Teacher Credentials Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44222. The Department of Education shall assist the commission in any manner the commission may request in implementing this chapter; provided that the department shall be reimbursed from the Teacher Credentials Fund for any expenses incurred in assisting the commission or the Committee of Credentials. (Enacted by Stats. 1976, Ch. 1010.)
  169. 44223.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission and the department must create a survey by July 1, 2023, and gather stakeholder input when developing it. Local educational agencies are encouraged to use the survey after a teacher resigns or declines an assignment, and the commission must prepare and submit an annual report if funding is appropriated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44223. (a) (1) The commission and the department shall develop a survey no later than July 1, 2023, for purposes of collecting data from teachers of local educational agencies resigning their positions or electing not to accept a teaching assignment for the upcoming school year, including data on whether or not they are exiting the profession. (2) In developing the survey pursuant to paragraph (1), the commission and the department shall gather input from education stakeholders. (b) On and after the commencement of the 2023–24 school year, a local educational agency is encouraged to administer the survey developed by the commission and the department within 15 days of a teacher of the local educational agency resigning their position or electing not to accept a teaching assignment for the upcoming school year. (c) In developing the survey pursuant to subdivision (a), the commission and the department may use existing resources, including, but not limited to, the California School Climate, Health, and Learning Survey. (d) A local educational agency is encouraged to report the results of surveys administered pursuant to subdivision (b) to the commission on an annual basis. (e) (1) The commission shall work with the department to prepare an annual report that compiles the data provided pursuant to subdivision (d), submit the report to the department and the Legislature, and post the report on its internet website. (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (3) Paragraphs (1) and (2) shall be implemented only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute. (f) It is the intent of the Legislature that the data from the surveys shall be used to examine future statewide investments on teacher recruitment and retention efforts. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive. (Added by Stats. 2022, Ch. 924, Sec. 1. (SB 1487) Effective January 1, 2023.)
  170. 44224.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must hire an organization to create a public awareness campaign about educational careers and teacher recruitment, and the campaign must include certain information and messages.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44224. (a) For purposes of this section, “campaign” means the public awareness campaign described in subdivision (b). (b) The commission shall contract with a public relations organization, or other organization with similar expertise, to develop a public awareness campaign that highlights the value and benefits of educational careers in California’s public schools, spanning from prekindergarten and kindergarten to elementary and secondary schools serving pupils in any of grades 1 to 12, inclusive. (c) The campaign shall recognize the value of the contributions made by public school teachers and encourage individuals to enter the teaching profession. (d) The campaign shall include information about available high-quality teacher credentialing pathways and available financial supports. (e) The campaign may include, but is not limited to, the development and distribution of statewide public service announcements relating to teacher recruitment and outreach to high school pupils and college students. (f) It is the intent of the Legislature that the cost of the public awareness campaign established by this section not exceed nine hundred thousand dollars ($900,000). (Added by Stats. 2023, Ch. 671, Sec. 1. (AB 934) Effective January 1, 2024.)
  171. 44225.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must set teacher credentialing standards, exams, and credential rules, and it may grant certain waivers, credentials, and authorizations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44225. The commission shall do all of the following: (a) Establish professional standards, assessments, and examinations for entry and advancement in the education profession. While the Legislature recognizes that the commission will exercise its prerogative to determine those requirements, it is the intent of the Legislature that standards, assessments, and examinations be developed and implemented for the following: (1) (A) The preliminary teaching credential, to be granted upon possession of a baccalaureate degree from a regionally accredited institution of higher education, completion of an accredited program of professional preparation, and either successful passage of an examination or assessment that has been adopted or approved by the commission in the subject or subjects appropriate to the grade level to be taught, to include college-level reading, writing, and mathematics skills, or completion of an accredited program of subject matter preparation and successful passage of the basic skills proficiency test as provided for in Article 4 (commencing with Section 44250). The commission shall uniformly consider the results of the basic skills proficiency test in conjunction with other pertinent information about the qualifications of each candidate for a preliminary credential, and may award the credential on the basis of the overall performance of a candidate as measured by several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion. Upon application by a regionally accredited institution of higher education, the commission may categorically grant credit to coursework completed in an accredited program of professional preparation, as specified by this paragraph, by undergraduates of that institution, if the commission finds there are adequate assurances of the quality of necessary undergraduate instruction in the liberal arts and in the subject area or areas to be taught. (B) Notwithstanding subparagraph (A), for single subject teaching credentials, the baccalaureate degree shall not be in the subject of professional education. (2) The professional teaching credential, to be granted upon successful passage of a state examination or assessment in the subject or subjects appropriate to the grade level to be taught, to include college-level basic reading, writing, and mathematics skills, and completion of a period of beginning teacher support that includes assessments of ability to teach subject matter to pupils, ability to work well with pupils, classroom management, and instructional skills. A candidate who successfully passes the examination or assessment pursuant to paragraph (1) shall be deemed to have passed the state examination or assessment in the subject or subjects to be taught pursuant to this paragraph. (b) (1) Reduce and streamline the credential system to ensure teacher competence in the subject field or fields, while allowing greater flexibility in staffing local schools. The commission shall award the following types of credentials to applicants whose preparation and competence satisfy its standards: (A) Basic teaching credentials for teaching in kindergarten, or any of grades 1 to 12, inclusive, in public schools in the state. (B) Credentials for teaching adult education classes and vocational education classes. (C) Credentials for teaching specialties, including, but not necessarily limited to, bilingual education, early childhood education, and special education. The commission may grant credentials to any candidate who concurrently meets the commission’s standards of preparation and competence for the preliminary basic teaching credential and the preliminary specialty credential. (D) Credentials for school services, for positions including, but not necessarily limited to, administrators, school counselors, speech-language therapists, audiologists, school psychologists, library media teachers, supervisors of attendance, and school nurses. (2) The commission may establish standards and requirements for preliminary and professional credentials of each type. (c) Review and, if necessary, revise the code of ethics for the teaching profession. (d) Establish standards for the issuance and renewal of credentials, certificates, and permits. In setting standards, the commission shall seek to ensure, through its credentialing of teachers, that public school teachers satisfy all of the following criteria: (1) Are academically talented. (2) Are knowledgeable of the subjects to be taught in the classroom. (3) Are creative and energetic. (4) Have the human skills to motivate and inspire pupils to achieve their goals. (5) Have the sensitivity to foster self-esteem in pupils through recognition that each pupil has their own goals, talents, and levels of development. (6) Are willing to relate the educational process and their instructional strategies to meet the needs of pupils. (7) Are able to work effectively with and motivate pupils from a variety of ethnic, socioeconomic, cultural, academic, and linguistic backgrounds. (8) Have an understanding of principles and laws related to educational equity, and the equitable practice of the profession of education among all pupils regardless of their ethnicity, race, gender, age, religious background, primary language, or disabling condition. (e) Determine the scope and authorization of credentials to ensure competence in teaching and other educational services, and establish sanctions for the misuse of credentials and the misassignment of credentialholders. The commission may grant an added or supplementary authorization to a credentialholder who has met the requirements and standards of the commission for the added or supplementary authorization. The commission shall exempt the holder of a teaching credential obtained before January 1, 1974, who adds an authorization by successfully completing a commission-approved subject matter examination, from the requirements of subdivision (e) of Section 44259 and Section 44261. (f) Collect, compile, and disseminate information regarding exemplary practices in supporting and assessing beginning teachers. (g) Establish alternative methods for entry into the teaching profession, and into other certificated roles in the schools, by persons in varying circumstances, including persons who have been educated outside of California, provided that each applicant satisfies all of the requirements established by the commission. One alternative method shall be the successful completion of at least two years of classroom instruction under a district intern certificate pursuant to Article 7.5 (commencing with Section 44325). In establishing alternative methods for entry into the teaching profession, the commission shall develop strategies to encourage classroom aides to become credentialed teachers. (h) Adopt a framework and general standards for the accreditation of preparation programs for teachers and other certificated educators pursuant to Article 7 (commencing with Section 44320). (i) Appoint classroom teachers, school administrators, other school services personnel, representatives of the public, and public or private higher education representatives to one or more standing committees, which shall be given authority to recommend to the commission standards relating to examinations, performance assessments, program accreditation, and licensing. The commission shall establish criteria for membership on those committees, and shall determine the terms of committee members. Appointments to standing committees by the commission shall reflect, to the extent feasible, the ethnic and cultural diversity of the California public schools. (j) Consult with classroom teachers, faculty members from institutions of higher education that maintain accredited programs of professional preparation for teachers, administrators or other school services personnel, and other experts to aid in the development of examinations and assessments, and to study the impact of examinations and assessments on the teaching profession. To increase the fairness of its certification decisions, the commission may uniformly consider the results of tests, subtests, and assessments in conjunction with each other, and in conjunction with other pertinent information about the qualifications of each candidate. The commission may award credentials on the basis of average overall performances by candidates on several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion. (k) Adopt standards for all examinations and assessments that shall ensure that all prospective teachers demonstrate an understanding of the history and cultures of the major ethnic populations of this state and of teaching strategies for the acquisition of English language skills by non-English-speaking pupils. (l) Determine the terms of credentials, certificates, and permits, except that no credential, certificate, or permit shall be valid for more than five years from the date of issuance. This article shall govern the issuance of any credential, certificate, or permit, except as follows: (1) A credential, certificate, or permit shall remain in force as long as it is valid and continues to be valid under the laws and regulations that were in effect when it was issued. (2) The commission shall grant teaching credentials pursuant to statutes that were in effect on December 31, 1988, to candidates who, before the effective date of regulations to implement subdivision (a), were in the process of meeting the requirements for teaching credentials that were in effect on December 31, 1988, except that neither enrollment as an undergraduate student nor receipt of a baccalaureate degree from a regionally accredited institution of higher education before the effective date of the regulations shall, by itself, exempt a candidate from the requirements of subdivision (a). Enrollment in a preparation program for teachers before the effective date of the regulations shall not exempt a candidate from the requirements of paragraph (2) of subdivision (a), if the preliminary credential of the candidate was granted after the effective date of the regulations. (m) (1) Review requests from school districts, county offices of education, private schools, and postsecondary institutions for the waiver of one or more of the provisions of this chapter or other provisions governing the preparation or licensing of educators. The commission may grant a waiver upon finding that the professional preparation equivalent to that prescribed under the provision or provisions to be waived will be, or has been, completed by the credential candidate or candidates affected, or that a waiver is necessary to accomplish any of the following: (A) Give a local educational agency one semester or less to address unanticipated, immediate, short-term shortages of fully qualified educators by assigning a teacher who holds a basic teaching credential to teach outside of the teacher’s credential authorization, with the teacher’s consent. (B) Provide credential candidates additional time to complete a credential requirement. (C) Allow local school districts or schools to implement an education reform or restructuring plan. (D) Temporarily exempt from a specified credential requirement small, geographically isolated regions with a severely limited ability to develop personnel. (E) Provide other temporary exemptions when deemed appropriate by the commission. (2) No provision in this chapter shall be waived under Sections 33050 and 33051, after June 30, 1994, by the state board. (n) It is the intent of the Legislature that the commission develop models for voluntary use by California colleges and universities that do not have these models in place, to assist in the screening of applications for admission to teacher education programs. The models shall give emphasis to the following qualifications of the applicants: academic talent, knowledge of subjects to be taught, basic academic skills, creativity, experience in working with children and adolescents, ability to motivate and inspire pupils, and willingness to relate education to pupils with a wide variety of cultural, ethnic, and academic backgrounds. The commission may continue to administer the state basic skills proficiency test, in order (1) to use the results of this test in awarding preliminary teaching credentials and emergency permits, and (2) to enable colleges and universities to use this test in conjunction with other appropriate sources of information in teacher preparation admission decisions. However, it is the intent of the Legislature that applicants for admission to teacher preparation programs shall not be denied admission solely on the basis of state basic skills proficiency test results. The commission may recover the costs of administering and developing the test by charging examinees a fee for taking the test. (o) It is the intent of the Legislature that the commission encourage colleges and universities to design and implement, by August 1, 1990, concentrated internship programs for persons who have attained a baccalaureate degree in the field in which they intend to teach. Those programs would be targeted at subject area shortages, would substitute for conventional training programs, and would include a full summer session of college-level coursework, a one-year internship, or the equivalent, a seminar throughout the internship, and a summer session following the internship. Educator preparation through internship programs shall be subject to Article 10 (commencing with Section 44370). (p) Grant a field placement certificate to a candidate who has been admitted to an accredited program of professional preparation, and who must complete a supervised practicum in public elementary or secondary schools as a condition for completion of the program. The commission shall establish standards for the issuance of field placement certificates. (q) Propose appropriate rules and regulations to implement Chapter 1355 of the Statutes of 1988. (r) Adopt subject matter assessments for teaching credentials after developing those assessments jointly with the Superintendent. (Amended by Stats. 2021, Ch. 663, Sec. 2. (AB 320) Effective January 1, 2022.)
  172. 44225.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The Commission on Teacher Credentialing must adopt standards for issuing teaching credentials to people who meet or exceed the commission’s minimum acceptable score.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44225.5. The Commission on Teacher Credentialing shall adopt standards for the issuance of teaching credentials to persons who received a score equal to or exceeding the minimum acceptable score set by the commission. (Amended by Stats. 1994, Ch. 922, Sec. 76. Effective January 1, 1995.)
  173. 44225.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission must report yearly by April 15 on teacher availability in California and make the report publicly available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44225.6. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include all of the following information: (1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (2) The number of individuals recommended for credentials by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (4) The number of individuals receiving an emergency permit or credential waiver. (5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to paragraph (1) of subdivision (d) of Section 44253.11. (6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district: (A) University internship. (B) District internship. (C) Emergency permit. (D) Credential waiver. (E) Preliminary or clear credential. (F) An authorization issued pursuant to Section 44253.3. (G) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available. (H) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may use data from the department’s Annual Language Census Survey to report the data required pursuant to this paragraph. (7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits. (b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commission’s internet website. (c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following: (1) The University of California system. (2) The California State University system. (3) Independent colleges and universities that offer teacher preparation programs approved by the commission. (4) Other institutions that offer teacher preparation programs approved by the commission. (d) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs. These reports shall be made publicly available on the commission’s internet website. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9, for these purposes. (e) For purposes of this section, “authorization” has the same meaning as defined in subdivision (a) of Section 44203. (Amended by Stats. 2021, Ch. 663, Sec. 3. (AB 320) Effective January 1, 2022.)
  174. 44225.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may approve certain school district assignment requests if the district has made reasonable efforts to recruit a fully prepared teacher.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44225.7. (a) The commission may approve a school district request for the assignment of an individual pursuant to subdivision (m) of Section 44225 or Section 44300 if the district has certified by an annual resolution of the governing board that it has made reasonable efforts to recruit a fully prepared teacher for the assignment. If a suitable fully prepared teacher is not available to a school district, the district under all circumstances shall make reasonable efforts to recruit an individual for the assignment, in the following order: (1) A candidate who is qualified to participate and enrolls in an approved internship program in the region of the school district. (2) A candidate who is scheduled to complete preliminary credential requirements within six months. The commission shall assure that the employer will provide orientation, guidance, and assistance to the candidate. (b) If a suitable individual who meets the priorities listed in subdivision (a) is not available to the school district, the district, as a last resort, may request approval for the assignment of a person who does not meet that criteria. (c) As the supply of teaching interns increases as a result of legislative efforts to expand the Alternative Certification Program, the commission shall notify school districts that state policy directs the assignment of interns to classrooms when available in a given region, with decreased reliance on persons serving on emergency permits or credential waivers. (d) As the supply of fully prepared teachers increases as a result of the Legislature’s efforts to recruit and retain qualified teachers for California classrooms, the commission shall notify school districts that state policy directs the assignment of fully prepared teachers to California classrooms, with the use of permits or waivers only when school districts are geographically isolated from teacher preparation programs or in the case of unanticipated, short-term need for the assignment of personnel. (e) As used in this section, a “fully prepared teacher” means an individual who has completed a teacher preparation program. For purposes of this subdivision, a “teacher preparation program” means either a set of courses, including supervised field experience, or an equivalent alternative program, that provides a curriculum of systematic preparation for serving as an educator in California public schools. (Amended by Stats. 2008, Ch. 518, Sec. 1. Effective January 1, 2009.)
  175. 44225.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    Teacher preparation programs must give prospective candidates information about program completers’ license exam passage rates when that data is available on the Commission on Teacher Credentialing website. The commission must provide programs with an electronic link, and it may also add related data if feasible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44225.8. (a) All teacher preparation programs, regardless of program sponsor, including, but not limited to, local educational agencies or other programs that are not accredited by the Western Association of Schools and Colleges, shall provide information to prospective candidates regarding the license examination passage rates of completers of its program for the most recent available year, if that data is available electronically through the Internet Web site of the Commission on Teacher Credentialing. (b) For purposes of subdivision (a), “provide” includes placement of an Internet Web site address labeled as an access point for data on the passage rates of program completers on the Internet Web site of the program where enrollment information for the program is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems or programs with multiple campuses, or on an application for enrollment or other program information distributed to prospective candidates. (c) The commission shall provide all teacher preparation programs with the appropriate electronic link to comply with the provisions of subdivision (a). To the extent feasible, the link may also include access to additional data from the commission and from the California Longitudinal Teacher Integrated Data Education System regarding the types of programs offered and data on program effectiveness. (Added by Stats. 2010, Ch. 248, Sec. 2. (AB 2086) Effective January 1, 2011.)
  176. 44226.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may receive donations, bequests, grants, and philanthropic funding, if the executive director’s conditions or restrictions are acceptable and the Director of Finance approves as required.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44226. The commission may receive donations, bequests, grants, and philanthropic funding, subject to such conditions or restrictions as the executive director of the commission may deem advisable, and subject to the approval of the Director of Finance as provided in Section 11005 of the Government Code. (Added by Stats. 2019, Ch. 51, Sec. 25. (SB 75) Effective July 1, 2019.)
  177. 44227.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may approve certain accredited institutions to recommend credentials, and it must grant credentials based on an accredited institution’s approved submissions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44227. (a) The commission may approve any regionally accredited institution of higher education to recommend to the commission the issuance of credentials to persons who have successfully completed a teacher education program of the institution if the program meets the standards approved by the commission. (b) A regionally accredited institution of higher education whose teacher education program has been accredited by the commission shall approve and electronically submit credential applications to the commission, and the commission shall grant credentials to these applicants based upon that approval. (c) Notwithstanding any other law, the commission may approve for credit any coursework completed for credential purposes or for step increases in programs offered in California by out-of-state institutions of higher education that meet the requirements prescribed by Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 only if the program of courses is offered by a regionally accredited institution of higher education and evidence of satisfactory evaluation by that accrediting body is submitted by the out-of-state institution to the commission for purposes of seeking approval of the program and any courses within that program to enable potential teachers to meet one or more requirements for a teaching credential in California. (Amended by Stats. 2021, Ch. 663, Sec. 4. (AB 320) Effective January 1, 2022.)
  178. 44227.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    This section creates a credentialing program and requires the commission to set up a process to authorize certain educator preparation programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44227.2. (a) The Legislature hereby establishes the Science, Technology, Engineering, Math, and Career Technical Education Educator Credentialing Program for purposes of providing alternative routes to credentialing. (b) No later than June 1, 2010, the commission, in consultation with the Committee on Accreditation established pursuant to Section 44373, shall develop a process to authorize additional high-quality alternative route educator preparation programs provided by school districts, county offices of education, community-based organizations, and nongovernmental organizations. Organizations participating in this project may offer educator preparation programs for any science, mathematics, and career technical education credential type issued by the commission if the organization meets the requirements for being authorized pursuant to criteria established by the commission. (c) The commission shall authorize community-based or nongovernmental organizations accredited by an accrediting organization that is recognized by the Council for Higher Education Accreditation and the United States Department of Education. (d) Participating organizations shall electronically submit credential applications to the commission. (e) The commission may assess a fee on a community-based or nongovernmental organization that is seeking approval to participate in the program. For purposes of this section, an independent college or university in California is not a community-based or nongovernmental organization. (Amended by Stats. 2022, Ch. 301, Sec. 9. (SB 1057) Effective January 1, 2023.)
  179. 44227.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The Commission on Teacher Credentialing must set standards and procedures requiring certain faculty members to work in elementary or secondary schools or classrooms at least once every three academic years, and it must exempt faculty whose primary assignments are outside education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44227.5. (a) It is the intent of the Legislature that college and university faculty members who teach courses relating to teaching or administrative methods in programs of professional preparation that are approved by the Commission on Teacher Credentialing have direct knowledge of the way that public elementary and secondary schools function and operate. (b) The Commission on Teacher Credentialing, in cooperation with public and private postsecondary institutions operating teacher education programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to teaching methods in an approved program of professional preparation actively participates in public elementary or secondary schools and classrooms at least once every three academic years. (c) The commission, in cooperation with public and private postsecondary institutions operating administrative services credential programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to administrative methods as defined by the commission in an approved program of professional preparation actively participates in public elementary or secondary schools or classrooms at least once every three academic years. (d) The commission shall exempt from this requirement faculty members whose primary assignments are in departments or schools other than education. (Amended by Stats. 1989, Ch. 1057, Sec. 1.)
  180. 44227.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    Institutions of higher education are encouraged to give teacher training programs more emphasis on recognizing specific learning disabilities, including dyslexia, and on teaching strategies for them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44227.7. The Legislature encourages institutions of higher education to provide, in teacher training programs, increased emphasis on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders. Experts in the field of these disabilities should be utilized for that purpose. (Added by Stats. 1990, Ch. 1501, Sec. 3.)
  181. 44228.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission may appoint educator panels, including classroom teachers and lay persons, to serve on visiting teams for institutions and school districts with teacher education programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44228. To assist in approving teacher education programs, the commission may appoint panels of educators, including public school classroom teachers, and lay persons to serve as members of visiting teams to institutions and school districts having such programs. The provisions of Sections 44215, 44216, and 44217 shall be applicable to such panels of educators. (Amended by Stats. 1977, Ch. 36.)
  182. 44229.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must invite the public, the teaching profession, and interested professional groups and associations to appear before it and submit proposals.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44229. The commission shall invite the public, the teaching profession, and interested professional groups and associations to appear before it and submit proposals for commission consideration and action. (Enacted by Stats. 1976, Ch. 1010.)
  183. 44230.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must keep only specified credential-related information as public record, may disclose that listed information and applicants’ last known business address, and generally may not disclose other information unless a court orders it or another listed section applies.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44230. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder. (2) Notwithstanding any other law, except as provided for in Sections 10871, 44230.6, and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction. (b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the status of, and information set forth in, that application. For purposes of this subdivision, “agency” means a charter school, school district, county office of education, nonpublic school or agency, or institution of higher education having a commission-approved program of professional preparation. (Amended by Stats. 2024, Ch. 471, Sec. 15. (SB 1329) Effective January 1, 2025.)
  184. 44230.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must create a nonpersonally identifiable educator identification number for each educator it credentials or authorizes to work in public schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44230.5. (a) The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The nonpersonally identifiable educator identification number shall be used for sharing data, including, but not limited to, information obtained pursuant to Sections 44225.6 and 44258.9, with local educational agencies and the department. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code. (b) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school. (Amended by Stats. 2019, Ch. 782, Sec. 1. (AB 1219) Effective January 1, 2020.)
  185. 44230.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission may share certain collected data for ongoing evaluation of teacher preparation programs, but only within privacy-law limits. It must also collect specified voluntary demographic and self-identification data, and it must not disclose personally identifiable information collected under this subdivision.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University. (b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (c) (1) The commission shall directly collect voluntary demographic data as to the ancestry or ethnic origin of California credential applicants and voluntary self-identification information pertaining to sexual orientation and gender identity of an initial or renewal applicant who submits an application online or in paper form as part of the initial or renewal application, or who completes a recommendation for an applicant formally recommended by a commission-approved program. The collection of this data on the application shall meet the requirements of paragraph (1) of subdivision (b) of Section 8310.8 of the Government Code. (2) The commission shall not disclose personally identifiable information collected pursuant to this subdivision. (Amended by Stats. 2021, Ch. 252, Sec. 14. (AB 167) Effective September 23, 2021.)
  186. 44231.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    Commission meetings must be open to the public, and notice of the time and place must be posted, unless another rule says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44231. Unless otherwise specified, the meetings of the commission shall be open and public and due notice of their time and place shall be posted. (Enacted by Stats. 1976, Ch. 1010.)
  187. 44232.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may contract with comparable agencies in other states to help move qualified teachers between states and speed up qualification checks.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44232. The commission may enter into contracts with comparable agencies in other states in order to facilitate the relocation of qualified teachers from one state to another and to expedite other matters related to ascertaining qualifications of credentialed teachers and other educators. (Added by Stats. 1992, Ch. 1050, Sec. 3. Effective January 1, 1993.)
  188. 44234.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must deposit all collected fees into the Teacher Credentials Fund and cannot move them to another fund. If the fund has surplus unencumbered money at the start of a fiscal year, the department must recommend fee reductions, and the prudent reserve generally cannot exceed 10 percent of the commission’s authorized spending.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44234. (a) There is in the State Treasury the Teacher Credentials Fund. All fees levied and collected by the commission shall be deposited in the Teacher Credentials Fund and shall not be transferred to any other fund. (b) Notwithstanding any other law, if at the beginning of any fiscal year the commission has unencumbered funds in an amount which is in excess of its operating budget, plus funds required to implement statutory mandates and other changes to teacher credentials, plus a prudent reserve, which reserve shall not exceed 10 percent of the total amount that the commission is authorized to spend in that fiscal year, as determined by the Department of Finance, the department shall recommend a reduction in credential or other fees, whether fixed by statute or determined by this commission within limits fixed by statute, in an amount which will reduce any surplus funds of the commission. (c) Nothing in this section shall preclude the implementation of multiyear mandates that require a reserve amount that is greater than 10 percent in one fiscal year. (Amended by Stats. 1994, Ch. 816, Sec. 1. Effective January 1, 1995.)
  189. 44235.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission charges fees for teaching and service credentials, may adjust the fee later, and must waive fees for certain first-time applicants when Budget Act funds are specifically appropriated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235. (a) Fees shall be levied by the commission for the issuance and renewal of teaching and service credentials. Commencing January 1, 1987, the fee for the issuance and renewal of teaching and service credentials shall be fifty dollars ($50). In subsequent years, the commission may set a different fee, but in no case shall a fee exceed one hundred dollars ($100) without express legislative approval. (b) A single fee, not to exceed the charge for a single supplemental credential, shall be charged for all supplemental credentials applied for at the same time as a teaching or service credential pursuant to subdivision (a). (c) Subject to funds being appropriated expressly for this purpose in the annual Budget Act, fees authorized by this section shall be waived by the commission for first-time teaching credential applicants for the following credentials: (1) Single subject credential. (2) Multiple subject credential. (3) Special education credential. (4) Specialist instruction credential. (d) Annually, as part of the budget review process, the Department of Finance shall recommend to the Legislature an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as determined by the Department of Finance pursuant to subdivision (b) of Section 44234. (Amended by Stats. 2015, Ch. 13, Sec. 26. (AB 104) Effective June 24, 2015.)
  190. 44235.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    Fees collected by the commission for tests, examinations, or assessments must be deposited into the Test Development and Administration Account, and those funds are generally restricted to assessment-related uses. The Department of Finance may authorize a loan from that account to the Teacher Credentials Fund if there is a projected deficiency, and any loan must be repaid on the terms of the authorization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.1. (a) Effective July 1, 1987, through June 30, 2023, all fees collected by the commission for tests, examinations, or assessments shall be deposited in the Test Development and Administration Account, which is hereby created in the Teacher Credentials Fund. (b) Any proposed expenditures from this account shall be subject to the normal legislative budget review process. (c) Except as otherwise provided in subdivision (e) or unless otherwise authorized by the Legislature, funds deposited in this account shall be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission. (d) Funds in this account shall not be subject to the provisions of subdivision (b) of Section 44234. (e) (1) If there is a deficiency in the Teacher Credentials Fund, the Department of Finance may authorize a loan from the Test Development and Administration Account to the Teacher Credentials Fund to the extent needed to cover the projected deficiency. (2) Any loan made under this subdivision shall be repaid under the terms provided in the authorization. (Amended by Stats. 2023, Ch. 48, Sec. 29. (SB 114) Effective July 10, 2023.)
  191. 44235.12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

    Verify source ↗

    The commission must deposit fees from tests, examinations, and assessments into the Teacher Credentials Fund, and those funds must be used only for related testing and assessment purposes unless the Legislature authorizes אחרת.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.12. (a) Effective July 1, 2023, all fees collected by the commission for tests, examinations, or assessments shall be deposited in the Teacher Credentials Fund. (b) Any proposed expenditures from the Teacher Credentials Fund shall be subject to the normal legislative budget review process pursuant to subdivision (d) of Section 44235. (c) Except as otherwise authorized by the Legislature, these funds shall be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission. (d) Fees collected by the commission for tests, examinations, and assessments shall not be subject to the provisions of subdivision (b) of Section 44234. (e) This section shall become operative July 1, 2023. (Added by Stats. 2023, Ch. 48, Sec. 30. (SB 114) Effective July 10, 2023. Operative July 1, 2023, by its own provisions.)
  192. 44235.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The Controller must move money from one account to another when the Teacher Credentials Fund lacks enough money for payroll and scheduled claims, and the transferred money must later be returned.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.2. (a) If in any month there are insufficient moneys in the Teacher Credentials Fund to satisfy monthly payroll obligations and scheduled claims, and there are moneys in the Test Development and Administration Account not required to meet any demand that has accrued or may accrue against it, the Controller shall transfer moneys from the Test Development and Administration Account to the Teacher Credentials Fund to the extent necessary to meet the immediate obligations of the Teacher Credentials Fund. (b) Moneys transferred pursuant to subdivision (a) shall be returned to the Test Development and Administration Account as soon as there are sufficient moneys in the Teacher Credentials Fund to do so, but by no later than 60 days after the transfer was made. (c) If sufficient moneys do not accumulate in the Teacher Credentials Fund within 60 days after the transfer was made, whatever portion of the amount received from the Test Development and Administration Account that is in the Teacher Credentials Fund at that time shall be returned to the Test Development and Administration Account. The remaining balance of the outstanding transfer, if any, shall be returned thereafter in monthly installments as moneys accumulate in the Teacher Credentials Fund. If the Teacher Credentials Fund fails to return the full amount of any transfer by the end of the fiscal year, the Teacher Credentials Fund shall be ineligible to receive further transfers until it has returned the full amount previously transferred from the Test Development and Administration Account. (d) This section shall become inoperative on July 1, 2023. (Amended by Stats. 2023, Ch. 48, Sec. 31. (SB 114) Effective July 10, 2023. Inoperative July 1, 2023, by its own provisions.)
  193. 44235.25.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The Test Development and Administration Account is abolished on July 1, 2024, and its unencumbered money and authority are transferred to the Teacher Credentials Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.25. The Test Development and Administration Account is hereby abolished on July 1, 2024, and all unencumbered moneys and authority in the fund are transferred to the Teacher Credentials Fund. (Added by Stats. 2024, Ch. 38, Sec. 27. (SB 153) Effective June 29, 2024.)
  194. 44235.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may charge fees to recover its costs for developing and administering certain subject matter examinations, subject to chapter limits and unless those costs are paid from another funding source.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.3. Within the limits set forth in this chapter, the commission may establish and collect fees to recover its costs for the development and administration of any subject matter examination adopted by the commission to implement the provisions of this chapter, unless the costs are recovered by appropriations from another source of funds. (Added by Stats. 1988, Ch. 1355, Sec. 11.)
  195. 44235.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission must waive all application and processing fees for an initial teaching credential in the stated relocation case.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44235.5. Notwithstanding any other provision of law, the commission shall waive all application and processing fees for the initial issuance of a teaching credential to an out-of-state prepared applicant who relocates to California due to orders received from a branch of the United States Armed Forces that require the applicant’s spouse to relocate to California. (Added by Stats. 2009, Ch. 125, Sec. 1. (AB 794) Effective January 1, 2010.)
  196. 44236.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission may refund certain fees paid under Section 44235 if the applicant does not qualify for a credential or if the fee was paid in error.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44236. Any fee or excess amount of fee paid under Section 44235 may be refunded by the commission from the Teacher Credentials Fund when the applicant does not qualify for a credential or when such fee or excess is paid in error, and the amount of any such refund is hereby appropriated for the making of such refund. (Enacted by Stats. 1976, Ch. 1010.)
  197. 44237.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    Private school employers must fingerprint applicants for jobs involving contact with minor pupils, and the Department of Justice must review and return criminal-history information under specified time limits and limits on disclosure.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44237. (a) Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall require each applicant for employment in a position requiring contact with minor pupils to submit two sets of fingerprints prepared for submittal by the employer to the Department of Justice for the purpose of obtaining criminal record summary information from the Department of Justice and the Federal Bureau of Investigation. (b) (1) As used in this section, “employer” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (2) As used in this section, “employment” means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level on or after September 30, 1997, on a regular, paid full-time basis, regular, paid part-time basis, or paid full-time or part-time seasonal basis. (3) As used in this section, “applicant” means any person who is seriously being considered for employment by an employer. (4) This section does not apply to a secondary school pupil working at the school he or she attends or a parent or legal guardian working exclusively with his or her children. (c) (1) Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice and forward the information to the employer submitting the fingerprints no more than 15 working days after receiving the identification cards. The Department of Justice shall not forward information regarding criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication. (2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the Department of Justice shall notify the employer submitting the fingerprints that it cannot so ascertain the required information. This notification shall be delivered by telephone or email to the employer submitting the fingerprints. If the employer submitting the fingerprints is notified by the Department of Justice that it cannot ascertain the required information about a person, the employer shall not employ that person until the Department of Justice ascertains that information. (3) The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony. The Department of Justice shall provide written notification to the private school employer only as to whether an applicant for employment has any convictions, or arrests pending final adjudication, for any of these crimes. (d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section. (e) (1) An employer shall not employ a person who has been convicted of a violent or serious felony or a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of his or her conviction for any crime. (2) A person who would be prohibited from employment by a private school pursuant to paragraph (1) shall not, on or after July 1, 1999, own or operate a private school offering instruction on the elementary or high school level. (f) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (g) This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony. (h) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (i) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (j) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the county in which he or she is a resident. (k) The commission shall make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential. The information shall be identical to that made available to public schools in the state. The commission shall also send on a quarterly basis a complete and updated list of all teachers who have had their teaching credentials revoked or suspended, excluding teachers who have had their credentials reinstated, or who are deceased. (l) The Department of Justice may charge a reasonable fee to cover costs associated with the processing, reviewing, and supplying of the criminal record summary as required by this section. The fee shall not exceed the actual costs incurred by the Department of Justice. (m) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (n) All information obtained from the Department of Justice is confidential. Agencies handling Department of Justice information shall ensure the following: (1) A recipient shall not disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Amended by Stats. 2013, Ch. 701, Sec. 1. (AB 389) Effective January 1, 2014.)
  198. 44238.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The Commission on Teacher Credentialing must contract for a study on cultural competency training, and the evaluator must later report results to legislative policy committees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44238. (a) The Commission on Teacher Credentialing, in consultation with the State Department of Education, shall contract with an independent evaluator with proven expertise in design and research to conduct a study of the availability and effectiveness of cultural competency training for teachers and administrators. (b) The study shall focus on 10 culturally diverse schools that reflect the diverse demography and geography of California. The schools shall be selected for the study based on appropriate research methods. The criteria for school selection shall include, but not be limited to, all of the following: (1) The cultural demographics of the pupil population within the school including, but not limited to, linguistic demographics and the number of English learners. (2) The Academic Performance Index scores for each school. The study shall include schools that were previously low-performing schools that have shown significant progress in their Academic Performance Index scores and include schools that were low-performing schools that have not shown significant progress in their Academic Performance Index scores. (3) The experience of teachers, including, but not limited to, the number of teachers with emergency credentials. (c) The study shall entail all of the following: (1) Evaluating cultural competency training programs by doing all of the following: (A) Assessing the availability and effectiveness of cultural competency training in teacher credentialing programs and professional development programs in which the teachers and administrators of each school have participated, including, but not limited to, university teacher preparation programs, university and district intern programs, distance learning schools, programs implemented pursuant to the California Beginning Teacher Support and Assessment System (Art. 4.5 (commencing with Sec. 44279.1), Ch. 2, Part 25), preinternship programs, and professional development institutes. (i) The study shall consider pupil performance as one of many measures to determine the effectiveness of cultural competency training programs. (ii) The study shall also consider the Academic Performance Index score of each school and their correlation to cultural competency training. (B) Describing the cultural competency component of the training programs in which the teachers and administrators of each school have participated. (C) Reporting on identifiable differences in cultural competency training in schools with a higher score on the Academic Performance Index compared to schools with a lower score on the Academic Performance Index. (D) Determining whether cultural competency training programs at each school are correlated to higher pupil performance. (E) Summarizing the participation rate of the teachers and administrators of each school in teacher credentialing programs, professional development programs, and other training programs. (2) Evaluating teacher demographics at each school by doing both of the following: (A) Summarizing the training, experience, cultural demographics, and other background characteristics of the teacher and administrative population at each school. (B) Summarizing the patterns, criteria, and attributes that are priorities for staff hiring, compensation, and training at each school. (3) Evaluating the cultural demographics of the pupil population at each school. (4) Evaluating the commitment of each school to cultural competency by doing both of the following: (A) Determining whether each school and its school district have a plan or timeline for achieving cultural competency in the classroom. (B) Discussing the responsiveness of each school and its school district to their communities with regard to developing cultural competency training programs. (5) Evaluating parent interactions at each school by doing all of the following: (A) Describing the interaction between parents, parent organizations, teachers, administrators, and pupils at each school. (B) Describing the procedures and policies that influence the interactions between each school and its administrators, teachers, parents, parent organizations, and pupils. (C) Determining whether cultural competency training is effective in building connections between teachers, administrators, pupils, and their families. (D) Reporting on identifiable differences in community and parental involvement in schools with higher scores on the Academic Performance Index compared to schools with lower scores on the Academic Performance Index. (d) Upon the conclusion of the study, and on or before May 1, 2005, the independent evaluator shall submit to the appropriate policy committees of the Legislature a report that includes recommendations of all of the following, based on the results of the study: (1) Ways to improve access to cultural competency training programs for teachers and administrators who attend teacher credentialing programs and professional development programs. (2) Criteria for cultural competency training programs. (3) Further studies that are necessary to provide information about types of cultural competency training programs that correlate to higher pupil performance. (4) A model program related to the results of the study that may be implemented as a pilot program in other schools. (e) For purposes of this section, the following phrases are defined as follows: (1) “Cultural competency” includes, but is not limited to, adequate knowledge of diverse cultures, including languages, that may be encountered by a teacher in the classroom and the appropriate skills to work with pupils and their families. (2) “Cultural demographics” includes, but is not limited to, familial country of origin and language, cultural traditions, and beliefs. (3) “Low-performing schools” means schools that are ranked in the lowest two deciles on the Academic Performance Index. (4) “Pupil performance” includes, but is not limited to, test scores, attendance rates, and graduation rates. (Added by Stats. 2003, Ch. 817, Sec. 2. Effective January 1, 2004.)
  199. 44238.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission must create and publish rules for efficient routes to dual credentialing and related credential pathways by March 1, 2027.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44238.5. (a) On or before March 1, 2027, the commission shall, with input from the education field, develop, establish, and promulgate, through the regulatory process pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, efficient routes for the following: (1) Teacher candidates to obtain a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential, and an education specialist credential, known as dual credentialing. (2) Existing teachers who hold a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential to obtain an education specialist credential. (3) Existing teachers who hold an education specialist credential to obtain a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential. (b) In developing efficient routes pursuant to subdivision (a), the commission shall do all of the following: (1) Review current routes that holders of multiple subject and single subject credentials have to earn additional credentials and supplementary authorizations, pursuant to the commission’s authorization provided in subdivision (e) of Section 44225. (2) Determine which content of preparation in multiple subject and single subject programs and education specialist programs could satisfy the requirements for both credentials to create efficiencies toward earning dual credentials. (3) Review whether supplementary authorizations to an existing credential, authorizing the teaching of pupils with or without disabilities, could be developed. (4) Identify barriers and opportunities for teachers to become dually credentialed and barriers and opportunities for programs of preparation to prepare dually credentialed teachers. (5) Review any readily available information about other states’ routes to dual credentialing through programs of preparation or for existing holders of credentials specified in subdivision (a). (6) Identify any necessary statutory changes to establish routes to dual credentialing. (Added by Stats. 2025, Ch. 390, Sec. 2. (AB 1119) Effective January 1, 2026.)
  200. 44239.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. )

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    The commission, the State Board of Education, and the Superintendent of Public Instruction must notify one another about proposed and adopted policies and regulations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 2. Teacher Credentialing [44200 - 44418] ( Heading of Chapter 2 amended by Stats. 1988, Ch. 1355, Sec. 2. ) ## ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] ( Heading of Article 2 amended by Stats. 1988, Ch. 1355, Sec. 2.5. ) ## 44239. The commission, the State Board of Education, and the Superintendent of Public Instruction shall notify one another regarding proposed and adopted policies and regulations, in order to achieve consistency in state policies concerning the professional preparation of teachers, and curriculum and instruction in the public elementary and secondary schools. (Added by Stats. 1988, Ch. 1355, Sec. 12.)

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