SECTIONS 44300-44302 - California Statutes

EDUCATION CODE

SECTION 44300-44302

44300. (a) Commencing January 1, 1990, the commission may issue or
renew emergency teaching or specialist permits in accordance with
regulations adopted by the commission corresponding to the credential
types specified in paragraphs (1), (2), and (3) of subdivision (b)
of Section 44225, provided that all of the following conditions are
met:
(1) The applicant possesses a baccalaureate degree conferred by a
regionally accredited institution of higher education and has
fulfilled the subject matter requirements of Section 44301.
(2) The applicant passes the state basic skills proficiency test
as provided for in Section 44252.
(3) The commission approves the justification for the emergency
permit submitted by the school district in which the applicant is to
be employed. The justification shall include all of the following:
(A) Annual documentation that the district has implemented in
policy and practices a process for conducting a diligent search that
shall include, but is not limited to, distributing job announcements,
contacting college and university placement centers, advertising in
local newspapers, exploring the incentives included in the Teaching
As A Priority Block Grant established pursuant to Section 44735,
participating in the state and regional recruitment centers
established pursuant to Sections 44751, as it read prior to May 5,
2003, and 90530, and participating in job fairs in this state, but
has been unable to recruit a sufficient number of certificated
teachers, including teacher candidates pursuing full certification
through internship, district internship, or other alternative routes
established by the commission.
(B) A declaration of need for fully qualified educators based on
the documentation set forth in subparagraph (A) and made in the form
of a motion adopted by the governing board of the district or the
county board of education at a regularly scheduled meeting of the
governing board or the county board of education. The motion may not
be part of the consent agenda and shall be entered in the minutes of
the meeting.
(b) The commission may deny a request for an emergency permit that
does not meet the justification set forth in subparagraph (A) of
paragraph (3) of subdivision (a).
(c) It is the intent of the Legislature that the commission
continue to issue emergency teaching permits to individuals employed
by school districts defined in regulations as remote from regionally
accredited institutions of higher education.
(d) The commission may issue and reissue emergency permits
corresponding to the credential types specified in paragraph (4) of
subdivision (b) of Section 44225. The commission shall establish
appropriate standards for each type of emergency permit specified in
paragraph (4) of subdivision (b) of Section 44225.
(e) The exclusive representative of certificated employees, if
any, as provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, may submit a written
statement to the commission agreeing or disagreeing with the
justification submitted to the commission pursuant to paragraph (3)
of subdivision (a).
(f) A person holding an emergency teaching or specialist permit
shall attend an orientation to the curriculum and to techniques of
instruction and classroom management, and shall teach only with the
assistance and guidance of a certificated employee of the district
who has completed at least three years of full-time teaching
experience, or the equivalent thereof. It is the intent of the
Legislature to encourage districts to provide directed teaching
experience to new emergency permitholders with no prior teaching
experience.
(g) The holder of an emergency permit shall participate in ongoing
training, coursework, or seminars designed to prepare the individual
to become a fully credentialed teacher or other educator in the
subject area or areas in which he or she is assigned to teach or
serve. The employing agency shall verify that employees applying to
renew their emergency permits are meeting these ongoing training
requirements.
(h) Emergency permits for pupil personnel services shall not be
valid for the purpose of determining pupil eligibility for placement
in a special education class or program.
(i) This section shall not apply to the issuance of an emergency
substitute teaching permit, or of an emergency permit to a teacher
who has consented to teach temporarily outside of his or her field of
certification, for which the commission shall establish minimum
requirements.

44300.1. (a) The commission may issue or renew a visiting faculty
permit authorizing instruction in departmentalized classes to an
individual who satisfies all of the following requirements:
(1) Has a minimum of three years of full-time teaching experience
or the full-time equivalent of that experience at an accredited
California community college, a campus of the California State
University or the University of California, or a regionally
accredited private, nonprofit postsecondary institution. The three
years of teaching experience shall be within five years of the date
of application for a visiting faculty permit.
(2) Possesses a master's degree or higher from a regionally
accredited institution of postsecondary education in a subject area
closely related, as determined by the commission, to the subject he
or she proposes to teach.
(3) Submits evidence of two years of the most recent performance
evaluations, student evaluations, or other evaluations that indicate
teacher effectiveness while teaching in an accredited California
community college, a campus of the California State University or the
University of California, or a regionally accredited private,
nonprofit postsecondary institution in which the applicant received
ratings of satisfactory or higher based on criteria determined by the
commission. An applicant for the renewal of a visiting faculty
permit shall submit evidence of satisfactory or higher performance
evaluations while serving on a current, valid visiting faculty
permit.
(4) Satisfies the requirements for teacher fitness pursuant to
Sections 44339 to 44341, inclusive.
(5) Completes, within the first year of serving on the visiting
faculty permit, a three-semester unit course or a four-quarter unit
course in methodology directly related to teaching in a
departmentalized setting offered by a teacher preparation program
that is accredited by the commission.
(b) To the extent that a school district chooses to employ an
individual who possesses a visiting faculty permit, prior to issuing
a visiting faculty permit, the commission shall review and approve
the justification for the permit submitted by the employing school
district. The justification shall include both of the following:
(1) Annual documentation that the school district has implemented
a process for conducting a diligent search that includes, but is not
limited to, distributing job announcements, contacting college and
university placement centers, advertising in local newspapers, and
participating in job fairs in this state, but has been unable to
recruit a sufficient number of certificated teachers to teach the
subject matter that the visiting faculty member proposes to teach.
(2) A declaration of need for fully qualified certificated
teachers based on the documentation set forth in paragraph (1) and
made in the form of a motion adopted by the governing board of the
school district or the county board of education at a regularly
scheduled meeting of the governing board or county board. The motion
shall not be part of the consent agenda and shall be entered in the
minutes of the meeting.
(c) The commission may deny a request for a visiting faculty
permit that does not include a justification as set forth in
subdivision (b).
(d) A visiting faculty permit is valid for one year. The
commission shall not renew the visiting faculty permit of an
individual more than two times.
(e) Notwithstanding any other provision of law, the commission
shall not issue a visiting faculty permit pursuant to this section on
or after July 1, 2013.
(f) The commission shall incorporate data on visiting faculty
permits into the report required pursuant to Section 44225.6. It is
the intent of the Legislature that this data be used to determine if
participation rates warrant extending the authority of the commission
to issue visiting faculty permits.(g) This section shall become
inoperative on July 1, 2015, and, as of January 1, 2016, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2016, deletes or extends the dates on which it becomes
inoperative and is repealed.

44301. (a) Any person who does not hold a valid California teaching
credential that requires a baccalaureate degree shall be required to
pass the appropriate subject matter competency examination or
examinations, as determined by the commission, before he or she may
be initially issued an emergency multiple- or single-subject teaching
permit, except an emergency substitute teaching permit, authorizing
him or her to teach a subject that is specified by the commission.
(b) The commission may issue an emergency multiple- or
single-subject teaching permit to an applicant who has not taken the
appropriate subject matter competency test, provided the employing
agency certifies all of the following to the commission:
(1) The applicant has not had the opportunity to take the test.
(2) The applicant shall take the appropriate subject matter
competency test at its next regularly scheduled administration.
(3) The employing agency shall discontinue employment of the
person eight weeks after the date on which the test is administered
if he or she does not give the employing agency evidence of having
passed the required subject matter competency test on that date.
(c) The emergency teaching permit issued pursuant to subdivision
(b) shall expire on the next regular expiration date for emergency
permits, or on a date that is eight weeks after the date on which the
required subject matter competency test was administered, whichever
date comes first.
(d) The commission shall waive the requirements of this section
for each applicant for each of the following:
(1) An emergency single-subject teaching permit, if the applicant
has successfully completed at least 18 semester units, or nine
semester units of upper division or graduate coursework, at a
regionally accredited institution of postsecondary education, in the
subject area to be taught.
(2) An emergency multiple-subjects permit, if the applicant has
successfully completed at least 40 semester units, or the equivalent,
at a regionally accredited institution of postsecondary education,
in the subjects that are commonly taught in elementary schools, as
determined by the commission.

44302. The Commission on Teacher Credentialing regularly shall
notify local educational agencies of the various provisions in
current law that allow the assignment of personnel when a fully
qualified teacher is not available and a substitute has served for
the maximum days permitted by law, including emergency permits under
Section 44300, long-term and short-term waivers under subdivision (m)
of Section 44225, and intern permits under Sections 44235, 44250,
and 44464. When fulfilling the notification requirements of this
section, the commission shall utilize a variety of approaches,
including, but not limited to, correspondence, annual workshops for
credential analysts, a credential handbook, a waiver handbook, the
commission website, and special telephone, fax, and e-mail lines for
school districts and county offices of education. Additionally, the
commission shall provide local educational agencies with information
about waiver requests including specific timelines, key steps, and
appeal rights.