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4112.2 AR Administrative Regulation

Certification

Verification of Credentials The Superintendent or designee shall verify that each employee in a position requiring certification qualifications possesses a valid certification document issued by the Commission on Teacher Credentialing (CTC). Such verification shall occur not later than 60 days after the commencement of employment or the renewal of a credential. (Education Code 44857) The Superintendent or designee shall verify that any person who is employed by the district while his/her application for certification is being processed by the CTC possesses a temporary certificate based on a demonstration of basic skills and completion of a criminal background check. (Education Code 44332, 44332.5, 44332.6) The Superintendent or designee shall maintain records of the appropriate certification of all employees serving in certificated positions. Basic Skills Proficiency Test Prior to being hired by the Board of Education, all certificated persons, whether hired on a permanent, temporary, or substitute basis, shall pass a basic skills proficiency test in reading, writing, and mathematics, unless specifically exempted from this requirement by law or by fulfilling an alternative indicator of basic proficiency authorized by law. (Education Code 44252, 44252.6, 44830) The district may hire a certificated employee, if they have not yet been afforded the opportunity to take the test, provided they take the test at the earliest opportunity. The employee may remain employed by the district pending the receipt of their test results. (Education Code 44830) Persons holding or applying for a designated subjects/special subjects credential which does not require possession of a bachelor's degree shall pass a district proficiency test in lieu of meeting the state basic skills proficiency requirement. (Education Code 44252, 44830) The district may charge a fee to cover the costs of developing, administering, and grading the district proficiency test. (Education Code 44252, 44830) Out-of-State/Country Credentials An out-of-state prepared teacher shall meet the basic skills requirement within one year of being issued a California preliminary credential by the CTC unless he/she has completed a basic skills proficiency test in another state or is otherwise exempted by law. The district shall develop a basic skills proficiency test, which shall be at least equivalent to the district test required for high school graduation, for purposes of assessing out-of-state prepared teachers pending completion of the basic skills requirement. (Education Code 44252, 44274.2; 5 CCR 80071.4, 80413.3) Short-Term Staff Permits Whenever there is a need to fill a classroom immediately based on an unforeseen need, the district may request that the CTC issue a short-term staff permit to an applicant who meets the qualifications specified in 5 CCR 80021. In such cases, the district shall: (5 CCR 80021) Verify that it has conducted a local recruitment for the short-term staff permit being requested Verify that it has provided the permit holder with orientation to the curriculum and to instruction and classroom management techniques, and has assigned a mentor teacher for the term of the permit Submit written justification for the permit signed by the Superintendent or designee The holder of an STSP may be assigned to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit. (5 CCR 80021) Provisional Internship Permit Whenever a suitable credentialed teacher cannot be found after a diligent search, the district may request that the CTC issue a provisional internship permit to an applicant who meets the qualifications specified in 5 CCR 80021.1. The search shall include, but not be limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media. Whenever a suitable credentialed teacher cannot be found after a diligent search, the Superintendent or designee may request that the CTC issue a PIP to an applicant who possesses a bachelor's or higher degree from a regionally accredited college or university, has met the basic skills proficiency requirement unless exempted by state law or regulations, and has satisfied the coursework/experience requirements specified in 5 CCR 80021.1 for the multiple subject, single subject, or education specialist PIP as appropriate. (5 CCR 80021.1) When submitting the request for a PIP, the district shall provide verification of all of the following: (5 CCR 80021.1, 80026.5) - A diligent search has been conducted for a suitable credentialed teacher or suitable qualified intern as evidenced by documentation of the search. - Orientation, guidance, and assistance will be provided to the permit holder as specified in 5 CCR 80026.5. The orientation shall include, but not be limited to, an overview of the curriculum the teacher is expected to teach and effective instruction and classroom management techniques at the permit holder's assigned level. The Superintendent or designee shall assign an experienced educator who is a certificated district employee or a certificated retiree from a California district or county office of education and who has completed at least three years of full-time classroom teaching experience to guide and assist each permit holder. (5 CCR 80026.5) - The district will assist the permit holder in developing a personalized plan through a district-defined assessment that would lead to subject-matter competence related to the permit. - The district will assist the permit holder to seek and enroll in subject-matter training, such as workshops or seminars and site-based courses, along with training in test-taking strategies, and will assist the permit holder in meeting the credential subject-matter competence requirement related to the permit. - A notice of intent to employ the applicant in the identified position has been made public. The district shall submit a copy of the agenda item presented at a public Board meeting which shall state the name of the applicant, the assignment in which the applicant will be employed including the name of the school, subject(s), and grade(s) that he/she will be teaching, and that the applicant will be employed on the basis of a provisional internship permit. The district also shall submit a signed statement from the Superintendent or designee that the agenda item was acted upon favorably. The candidate has been apprised of steps to earn a credential and enroll in an internship program. Holders of either of the above permits shall be authorized to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit. (5 CCR 80021.1) Teaching Permit for Statutory Leave Whenever there is an anticipated need for the district to temporarily fill the teaching assignment of a teacher of record who will be on sick leave, differential sick leave, industrial accident or illness leave, pregnancy disability leave, or family care and medical leave under the federal Family and Medical Leave Act or California Family Rights Act, the Superintendent or designee may request that the CTC issue a Teaching Permit for Statutory Leave (TPSL) to a qualified individual who will be serving as the interim teacher of record. Prior to submitting an application to the CTC, the district shall provide the applicant with 45 hours of preparation in the content areas listed in 5 CCR 80022. (5 CCR 80022) A request for the TPSL shall only be submitted if the district has made reasonable efforts to hire a substitute with a full teaching credential that matches the setting and/or subject for the statutory leave position and no such candidate is available. (5 CCR 80022) The district shall verify to the CTC that it will provide the interim teacher: (5 CCR 80022) - An orientation to the assignment before or during the first month of service in the statutory leave assignment - An average of two hours of mentoring, support, and/or coaching per week through a system of support coordinated and/or provided by a mentor who possesses a valid life or clear credential that would also authorize service in the statutory leave assignment - Lesson plans for the first four weeks of the assignment as well as continued assistance in the development of curriculum, lesson planning, and individualized education programs The holder of the TPSL may serve as the interim teacher of record for up to the full length of the leave(s) during the school year. (5 CCR 80022) The Superintendent or designee shall maintain documentation on the assignment in accordance with 5 CCR 80022. He/she shall annually report data on the use of the TPSL to the County Superintendent of Schools for assignment monitoring pursuant to Education Code 44258.9. (5 CCR 80022) The Superintendent or designee may annually request renewal of the TPSL, provided that no substitute with a full teaching credential is available for the assignment. The application for each reissuance shall include verification that the interim teacher has completed an additional 45 hours of preparation and the district is continuing to provide mentoring in accordance with items #2-3 above. (5 CCR 80022) Long Term Emergency Permits As necessary, the Superintendent or designee may request that the CTC issue an emergency resource specialist permit, emergency teacher librarian services permit, emergency crosscultural language and academic development permit, or emergency bilingual authorization permit. (5 CCR 80024.3.1, 80024.6, 80024.7, 80024.8) The Superintendent or designee shall provide any first-time recipient of an emergency teaching permit with an orientation which, to the extent reasonably feasible, shall occur before he/she begins a teaching assignment. The Superintendent or designee may vary the nature, content, and duration of the orientation to match the amount of training and experience previously completed by the emergency permit teacher. The orientation shall include, but not be limited to, the curriculum the teacher is expected to teach and effective techniques of classroom instruction and classroom management at the assigned grade-level span. The emergency permit holder also shall receive guidance and assistance from an experienced educator who is a certificated district employee or a certificated retiree from a California district or county office of education and who has completed at least three years of full-time classroom teaching experience. (5 CCR 80026.5) Substitute Teaching Permits The district may employ, at any grade level, a person with an emergency substitute permit issued by the CTC with the following restrictions: A person with a 30-day emergency substitute permit, STSP, PIP, TPSL, or any valid teaching or services credential that requires at least a bachelor's degree and completion of the California Basic Educational Skills Test shall not serve as a substitute for more than 30 days for any one teacher during the school year. (5 CCR 80025) A person with an emergency career substitute teaching permit shall not serve as a substitute for more than 60 days for any one teacher during the school year. (5 CCR 80025.1) A person authorized for day-to-day substitute teaching shall not serve as a special education substitute for more than 20 days for any one teacher during the school year. (5 CCR 80025.4) A person with an emergency substitute permit for prospective teachers shall not serve as a substitute for more than 30 days for any one teacher during the school year and not more than 90 days total during the school year. (5 CCR 80025.2) A person with an emergency substitute permit for vocational education shall teach only in a program of technical, trade, or vocational education and not serve as a substitute for more than 30 days for any one teacher during the school year. (5 CCR 80025) Before employing any person pursuant to 5 CCR 80025 or 80025.5, the Superintendent or designee shall prepare and keep on file a signed Statement of Need. The Statement of Need shall describe the situation or circumstances that necessitate the use of a 30-day substitute permit holder and state either that a credentialed person is not available or that the available credentialed person does not meet the district's specified employment criteria. (5 CCR 80025, 80025.5)

Legal & Management References

State
5 CCR 80001-80674.6 - Commission on Teacher Credentialing
5 CCR 80001-80694 - Commission on Teacher Credentialing
Ed. Code 32340-32341 - Unlawful issuance of a credential
Ed. Code 35186 - Complaints related to instructional materials, teacher vacancy or misassignment, and facility conditions that pose emergency or urgent threat
Ed. Code 44066 - Limitations on certification requirements
Ed. Code 44200-44418 - Teacher credentialing
Ed. Code 44250-44277 - Credentials and assignment of teachers
Ed. Code 44300-44302 - Emergency permit
Ed. Code 44325-44328 - District interns
Ed. Code 44330-44355 - Certificates and credentials
Ed. Code 44395 - National Board for Professional Teaching Standards Certification Incentive Program
Ed. Code 44420-44440 - Revocation and suspension of credentials
Ed. Code 44450-44468 - University internship program
Ed. Code 44830-44929 - Employment of certificated persons; requirement of proficiency in basic skills
Ed. Code 56060-56063 - Substitute teachers in special education
Ed. Code 8295-8305 - Child development program; personnel qualifications
Federal
20 USC 6312 - Title I local educational agency plans; notifications regarding teacher qualifications
34 CFR 200.61 - Parent notification regarding teacher qualifications
Management Resources
Commission on Teacher Credentialing Publication - Proposed Amendments to Title 5 of the California Code of Regulations Pertaining to Subject Matter Competency, Coded Correspondence 22-06, October 21, 2022
Commission on Teacher Credentialing Publication - Proposed Amendments and Additions to Title 5 of the California Code of Regulations Pertaining to Subject Matter Competence, Coded Correspondence 21-06, September 20, 2021
Commission on Teacher Credentialing Publication - Assembly Bill 320: Regional Accreditation for Coursework and Degrees Used for Certification Purposes, Credential Information Alert 22-02, March 1, 2022
Commission on Teacher Credentialing Publication - Waiver Requests Guidebook, 2015
Commission on Teacher Credentialing Publication - Subject Matter Authorization Guideline Book, December 2019
Commission on Teacher Credentialing Publication - Supplementary Authorization Guideline Book, December 2019
Commission on Teacher Credentialing Publication - Hiring Hierarchy in Education Code 44225.7, Coded Correspondence 13-01, January 30, 2013
Commission on Teacher Credentialing Publication - Approved Addition and Amendments to Title 5 of the California Code of Regulations Pertaining to Teaching Permit for Statutory Leave (TPSL), Coded Correspondence 16-10, Aug 23, 2016
Commission on Teacher Credentialing Publication - California Standards for the Teaching Profession (CSTP), April 2024
Commission on Teacher Credentialing Publication - CL-667 Basic Skills Requirement
Commission on Teacher Credentialing Publication - CL-856 Provisional Internship Permit
Commission on Teacher Credentialing Publication - CL-858 Short-Term Staff Permit
Court Decision - Association of Mexican-American Educators (AMAE) et al. v. State of California and the Commission on Teacher Credentialing (2000) 231 F.3d 572
Nat'l Board for Prof. Teaching Stds. Publication - Using Federal Funds for National Board Activities: An Action-Planning Guide
Nat'l Board for Prof. Teaching Stds. Publication - Considerations for Using Federal Funds to Support National Board Certification
Website - Office of Administrative Law
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education, CA NBPTS Certification Incentive Program 2021-26
Website - National Board Resource Center
Website - National Board for Professional Teaching Standards
Website - Commission on Teacher Credentialing
Website - Commission on Teacher Credentialing, Credential Information Guide (for employers' use only)
Website - CSBA
Website - U.S. Department of Education

Cross References