SECTIONS 44210-44239 - California Statutes

EDUCATION CODE

SECTION 44210-44239

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 (7),
inclusive. The commission shall consist of the following members:
(1) The Superintendent or his or her designee.
(2) Six practicing teachers from public elementary and secondary
schools in California.
(3) One person who is employed on the basis of a services
credential other than an administrative services credential.
(4) One member of a school district governing board.
(5) Four representatives of the public. 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 prior to his or her appointment to the commission.
(6) One school administrator in a public elementary or secondary
school in California.
(7) One faculty member from a college or university that grants
baccalaureate degrees.
(b) With the exception of the four representatives of the public
and the Superintendent, the appointment of a member shall terminate
if he or she is no longer a practicing teacher in a public elementary
or secondary school, a person who is employed on the basis of a
valid services credential, a school administrator, a faculty member
of a college or university that grants baccalaureate degrees, or a
school district governing board member, 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) The term of each member appointed to the commission on or
prior to June 30, 1989, shall expire on July 1, 1989. It is the
intent of the Legislature that as of July 1, 1989, the Governor first
appoint to the commission, as feasible, members of the Commission on
Teacher Credentialing whose terms, notwithstanding this section,
would not have expired, to facilitate the transition to a commission
with a reduced membership. 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.

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.

44211. Representatives of statewide organizations may submit for
the Governor's consideration the names of distinguished individuals
to serve on the commission.

44212. The Regents of the University of California, the Trustees of
the California State University, the California Postsecondary
Education Commission, and the Association of Independent California
Colleges and Universities shall each appoint a representative to
serve as member ex officio without vote in proceedings of the
commission.
The ex officio members shall not vote in any proceedings of the
commission nor 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.

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.

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.

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.

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.

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.

44218. The commission by majority vote of all its members shall
elect its own chairman from among its members.

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.

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.

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.

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.

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) The preliminary teaching credential, to be granted upon
possession of a baccalaureate degree from a regionally accredited
institution in a subject other than professional 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, provided that each 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, where 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.
(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) 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:
(1) Basic teaching credentials for teaching in kindergarten, or
any of the grades 1 to 12, inclusive, in public schools in this
state.
(2) Credentials for teaching adult education classes and
vocational education classes.
(3) 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.
(4) Credentials for school services, for positions including, but
not limited to, administrators, school counselors, speech-language
therapists, audiologists, school psychologists, library media
teachers, supervisors of attendance, and school nurses.
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 his or her own goals, talents, and
levels of development.
(6) Be 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 prior to 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 Sections 44261, 44261.5, and 44261.7.
(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, provided that each candidate meets minimum
standards set by the commission on each criterion.
(k) Adopt standards for all examinations and assessments which
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,
prior to the effective date of regulations to implement subdivision
(a), are 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 prior
to the effective date of the regulations shall, by themselves, exempt
a candidate from the requirements of subdivision (a). Enrollment in
a preparation program for teachers prior to 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) 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 its finding that 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:
(1) 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 his or her credential authorization,
with the teacher's consent.
(2) Provide credential candidates additional time to complete a
credential requirement.
(3) Allow local school districts or schools to implement an
education reform or restructuring plan.
(4) Temporarily exempt from a specified credential requirement
small, geographically isolated regions with severely limited ability
to develop personnel.
(5) Provide other temporary exemptions when deemed appropriate by
the commission.
No provision in this chapter may be waived under Section 33050 and
33051, after June 30, 1994, by the State Board of Education.
(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 utilize the results of this test in
awarding preliminary teaching credentials and emergency permits, and
(2) to enable colleges and universities to utilize 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 may 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 bachelor's 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 any 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 the act
which enacts this section.
(r) Adopt subject matter assessments for teaching credentials
after developing those assessments jointly with the Superintendent.

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.

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 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 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,
credential waiver, or other authorization that does not meet the
definition of a highly qualified teacher under the federal No Child
Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.).
(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 subdivision (d)
of Section 44253.10 and, separately, pursuant to paragraph (1) of
subdivision (e) 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) Preinternship.
(D) Emergency permit.
(E) Credential waiver.
(F) Preliminary or clear credential.
(G) An authorization, other than those listed in this paragraph,
that does not meet the definition of a highly qualified teacher under
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) by category of authorization.
(H) An authorization issued pursuant to Section 44253.3.
(I) Certificates or authorizations issued pursuant to Section
44253.3, 44253.4, 44253.10, or 44253.11, if available.
(J) 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 utilize 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 Web site.
(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 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) For purposes of this section, "authorization" has the same
meaning as defined in subdivision (d) of Section 44203.

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.

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.

44227. (a) The commission may approve any 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) An 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 provision of law to the contrary, 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 7 (commencing with Section
94700) of Part 59 only if the program of courses is offered by a
regionally accredited institution 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.

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, in accordance with the guidelines for the
federal Race to the Top Fund, authorized under the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5), that do not
compromise state standards.
(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. The
commission may also establish alternative criteria, if necessary, for
project participants that are not eligible for accreditation by one
of the accredited organizations.
(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.

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.

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.

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.

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.

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 provision of law, except as provided
for in Section 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 information set forth in that
application. For purposes of this subdivision, "agency" means a
school district, county office of education, or institution of higher
education having a commission-approved program of professional
preparation.

44230.5. 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.

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.

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.

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.

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
seventy dollars ($70) 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.

44235.1. (a) Effective July 1, 1987, 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) 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.
Any loan made under this subdivision shall be repaid under the
terms provided in the authorization.

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.

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.

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.

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 who does
not possess a valid credential issued by the commission or is not
currently licensed by another state agency that requires a criminal
record summary that directly relates to services provided in a
facility described in this section and has background clearance
criteria that meets or exceeds the requirements of this section, 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 use 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- 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 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 shall notify the employer submitting the fingerprints that
it cannot so ascertain the required information. This notification
shall be delivered by telephone or electronic mail 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 may
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) may 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 which,
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. In no event
shall the fee exceed the actual costs incurred by the department.
(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) No recipient shall 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 through 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of 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.

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.

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.