SECTIONS 44060-44069 - California Statutes

EDUCATION CODE

SECTION 44060-44069

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.