4113
BP
Board Policy
Assignment
In order to serve the best interests of students and the educational program, the Governing Board authorizes the Superintendent or designee to assign certificated personnel to positions for which they are qualified pursuant to their certification, preparation, professional experience, and aptitude.
Teachers may be assigned to any school within the district in accordance with the collective bargaining agreement or Board policy.
The Board encourages the assignment of experienced and fully credentialed teachers, including those who have attained National Board for Professional Teaching Standards certification, to schools with the greatest need to improve student achievement.
Assignment to Courses/Classes
The Superintendent or designee shall assign teachers based on the grade level and subject matter authorized by their credentials.
When there is no credential authorization requirement for teaching an elective course, the Superintendent or designee shall select the credentialed teacher whose knowledge and skills best prepare the teacher to provide instruction in that subject.
When specifically authorized by law or regulation, the Superintendent or designee may, with the teacher's consent, assign a teacher to a position outside the teacher's credential authorization in accordance with the local teaching assignment options described in the Commission on Teacher Credentialing's (CTC) Administrator's Assignment Manual. Such assignments shall be annually approved by Board resolution. In such cases, the Superintendent or designee shall reference in district records the statute or regulation under which the assignment is authorized.
If at any time a certificated employee is required by the district to accept an assignment which the employee believes is not legally authorized by the employee's credential, the employee shall notify the Superintendent or designee, in writing, of the misassignment. Within 15 working days, the Superintendent or designee shall notify the employee of the legality of the assignment. If no action is taken by the district, the employee shall provide written notification to the County Superintendent of Schools. No adverse action shall be taken against an employee who files a notice of misassignment. (Education Code 44258.9)
Vacancies and Misassignments
Annually, the district shall review potential misassignments and vacant positions throughout the district. Upon receiving notification from CTC of the availability of data regarding potential misassignments and vacant positions in the district, the Superintendent shall review the data within 60 days. When necessary, the Superintendent or designee may respond by submitting additional documentation to the County Superintendent showing that an employee is legally authorized for an assignment and/or that a position identified as vacant was miscoded and a legally authorized employee is assigned to the position. (Education Code 44258.9)
If the district subsequently receives, within 90 days of CTC's initial notification, a notification from the County Superintendent indicating that a certificated employee in the district is assigned to a position for which the employee has no legal authorization, the district shall correct the assignment within 30 calendar days. (Education Code 44258.9)
The district shall serve as the monitoring authority for teacher assignments in any charter school it has authorized, in accordance with Education Code 44258.9-44258.10.
Any complaint alleging teacher misassignment or vacancy shall be filed and addressed through the district's procedures specified in AR 1312.4 - Williams Uniform Complaint Procedures.
The school accountability report card for each school shall include any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period. (Education Code 33126)
Equitable Distribution of Qualified and Experienced Teachers
The Superintendent or designee shall identify and address the equitable distribution of highly qualified and experienced teachers among district schools, including those with higher than average levels of low-income, minority, and/or academically underperforming students. The Superintendent or designee shall annually report to the Board comparisons of teacher qualifications across district schools, including the number of teachers serving under a provisional internship permit, short-term staff permit, intern credential, emergency permit, or credential waiver.
Strategies for ensuring equitable access to experienced teachers may include, but are not limited to, incentives for voluntary transfers, provision of professional development, and/or programs to recruit and retain effective teachers.
Legal & Management References
State
5 CCR 80003-80005 - Credential authorizations
5 CCR 80020-80020.5 - Additional assignment authorizations
5 CCR 80335 - Performance of unauthorized professional services
5 CCR 80339-80339.6 - Unauthorized certificated employee assignment
Ed. Code 33126 - School accountability report card
Ed. Code 35035 - Powers and duties of the superintendent; transfer authority
Ed. Code 35186 - Complaints related to instructional materials, teacher vacancy or misassignment, and facility conditions that pose emergency or urgent threat
Ed. Code 37616 - Consultation regarding year-round schedule
Ed. Code 44225.6 - Commission report to the legislature re: teachers
Ed. Code 44250-44277 - Credentials and assignment of teachers
Ed. Code 44314 - Subject matter programs; approved subjects
Ed. Code 44824 - Assignment of teachers to weekend classes
Ed. Code 44955 - Reduction in number of permanent employees
Gov. Code 3543.2 - Scope of representation
Federal
20 USC 6311 - State plan
20 USC 6312 - Local educational agency plan
20 USC 6601-6651 - Teacher and Principal Training and Recruiting Fund
Management Resources
California Department of Education Publication - Every Student Succeeds Act 2016-17 School Year Transition Plan, April 2016
California Department of Education Publication - California State Plan to Ensure Equitable Access to Excellent Educators
Commission on Teacher Credentialing Publication - Administrator's Assignment Manual - Updates and Revisions, May 2014
Commission on Teacher Credentialing Publication - The Administrator's Assignment Manual, 2021
U.S. Department of Education Guidance - Improving Teacher Quality State Grants: ESEA Title II, Part A , rev. October 5, 2006
Website - CSBA District and County Office of Education Legal Services
Website - Commission on Teacher Credentialing
Website - CSBA
Website - U.S. Department of Education
Website - California Department of Education
Cross References
0415 AR Equity
1312.4 AR Williams Uniform Complaint Procedures
1312.4-E PDF(1) AR Williams Uniform Complaint Procedures
1312.4-E(2) AR Williams Uniform Complaint Procedures
3580 AR District Records
4112.1 AR Contracts
4112.2 AR Certification
4112.21 AR Interns
4112.23 AR Special Education Staff
4112.8 BP Employment Of Relatives
4115 AR Evaluation/Supervision
4117.3 BP Personnel Reduction
4121 AR Temporary/Substitute Personnel
4131 AR Staff Development
4131.1 BP Teacher Support And Guidance
4140 BP Bargaining Units
4141.6 BP Concerted Action/Work Stoppage
4212.8 BP Employment Of Relatives
4241.6 BP Concerted Action/Work Stoppage
4312.8 BP Employment Of Relatives
4331 BP Staff Development
6000 BP Concepts And Roles
6142.7 AR Physical Education And Activity
6162.51 BP State Academic Achievement Tests
6163.1 BP Library Media Centers
6171 AR Title I Programs
6183 AR Home And Hospital Instruction