SECTIONS 44330-44355 - California Statutes

EDUCATION CODE

SECTION 44330-44355

44330. Except where such service is provided by a school district
pursuant to Section 44332.5, each county or city and county board of
education may provide for the registration of any valid certification
or other document authorizing the holder thereof to serve in a
position requiring certification qualifications as an employee of the
county superintendent of schools of such county or city and county
or of a school district under the jurisdiction of such county
superintendent of schools. Such registration shall authorize the
service of the holder as an employee of the county superintendent of
schools or of any school district under his jurisdiction in the
capacity in which and for the period of time for which the
certification or other document is valid.

44331. County boards of education may renew any certificate legally
issued by them prior to October 1, 1945, and now in force; provided,
that no certificate granted upon a credential issued by the State
Board of Education or commission for a limited period shall be
renewed or extended unless the credential upon which it was issued
has been renewed or extended, and then only for the period of the
renewal or extension of the credential.

44332. (a) Except where that service is provided by a school
district authorized to register certification documents pursuant to
Section 44332.5, each county or city and county board of education
may issue temporary certificates for the purpose of authorizing
salary payments to certified employees whose credential applications
are being processed or to personnel employed in children's centers or
other preschool educational programs whose permit applications are
being processed. However, the individual must have demonstrated
proficiency in basic reading, writing, and mathematic skills pursuant
to the requirements of Section 44252.5. The applicant for the
temporary certificate shall make a statement under oath that he or
she has duly filed an application for a credential or permit together
with the required fee and that, to the best of his or her knowledge,
no reason exists why a certificate or permit should not be issued.
The certificate or permit shall be valid for not more than one
calendar year from the date of issuance.
(b) The county or city and county board of education shall cancel
the temporary certificate or permit immediately upon receipt of
certification in writing from the commission that the applicant
apparently does not possess adequate academic qualifications or
apparently has a criminal record that would disqualify the applicant.
(c) A temporary certificate issued to a permit applicant is not
valid beyond the time that the commission either issues or denies the
originally requested permit. A temporary certificate issued to a
credential applicant is not valid beyond the time that the commission
provides written notification to the county or city and county board
of education that the applicant apparently does not possess adequate
qualifications, that the commission has received facts that may
cause denial of the application, or issues or denies the originally
requested credential.
(d) A county or city and county board of education may not issue a
temporary certificate to an applicant whose teaching credential is
revoked or suspended.

44332.5. (a) A school district that may issue warrants pursuant to
Section 42647 may, at its discretion, provide for the registration of
a valid certification or other document authorizing the holder to
serve in a position requiring certification qualifications as an
employee of the school district.
(b) During any period when summary criminal history information is
not available from the Federal Bureau of Investigation, an applicant
for an initial credential, certificate, or permit shall not be
employed in a position requiring certification qualifications until
he or she has met the minimum requirements for a temporary
certificate of clearance. A temporary certificate of clearance or a
credential, certificate, or permit authorizing service in the public
schools shall be issued when the applicant has:
(1) Made full disclosure of all facts necessary to establish his
or her true identity.
(2) Made a statement under penalty of perjury that he or she has
not been convicted of a crime which would constitute grounds for the
denial of the credential, permit, or certificate applied for.
An applicant shall not be required to disclose, and the Committee
of Credentials shall not inquire into or consider, any acts or
omissions not related to the applicant's fitness to teach or to
perform other duties for which he or she is certificated, or that is
related to his or her competence to perform the duties authorized by
his or her credential.
(3) Paid to the Commission on Teacher Credentialing the amount of
twelve dollars ($12) or the fees or costs which have been or will be
assessed by the Federal Bureau of Investigation for the issuance of
its summary criminal history of the applicant when this information
is once again made available to the commission. The fees authorized
by this paragraph shall be applicable to all credentials, permits,
and certificates which were applied for or issued after October 1,
1981.
(c) Upon receipt of a statement from the Federal Bureau of
Investigation that it has no summary criminal history information on
the applicant, or upon receipt of the summary criminal history
information and clearance by the Committee of Credentials, a
temporary certificate of clearance shall be converted to a regular
certificate of clearance.

44332.6. (a) (1) Before issuing a temporary certificate pursuant to
Section 44332, a county or city and county board of education shall
obtain a criminal record summary about the applicant from the
Department of Justice and shall not issue a temporary certificate if
the applicant has been convicted of a violent or serious felony.
(2) Before issuing a temporary certificate of clearance pursuant
to Section 44332.5, a school district shall obtain a criminal record
summary about the applicant from the Department of Justice and shall
not issue a temporary certificate of clearance if the applicant has
been convicted of a violent or serious felony.
(b) 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.
(c) 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.
(d) Notwithstanding subdivision (a), a person shall not be denied
a temporary certificate or a temporary certificate of clearance
solely on the basis that he or she 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.
(e) Notwithstanding subdivision (a), a person shall not be denied
a temporary certificate or a temporary certificate of clearance
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 school district in
which he or she is a resident.
(f) (1) Notwithstanding paragraph (1) of subdivision (a), a county
or city and county board of education may issue a temporary
certificate to an employee currently and continuously employed by a
school district within the county who is serving under a valid
credential and has applied for a renewal of that credential or for an
additional credential without obtaining a criminal record summary
for that employee.
(2) Notwithstanding paragraph (2) of subdivision (a), a county or
city and county board of education may issue a temporary certificate
of clearance to an employee currently and continuously employed by a
school district within the county who is serving under a valid
credential and has applied for a renewal of that credential or for an
additional credential without obtaining a criminal record summary
for that employee.

44333. The standard for the exchange credential shall be as
prescribed by the commission pursuant to Section 44853.
This credential shall authorize service in a position requiring
certification qualifications as an exchange certified employee for
performance of the services specified in the credential. Services for
which a license is required by the Business and Professions Code may
not be authorized unless the applicant holds such a license.

44334. Except as provided in this code, no certification document
shall be granted to any person unless and until he has subscribed to
the following oath or affirmation: "I solemnly swear (or affirm) that
I will support the Constitution of the United States of America, the
Constitution of the State of California, and the laws of the United
States and the State of California." The oath or affirmation shall be
subscribed and certified or declared, pursuant to Section 2015. 5 of
the Code of Civil Procedure, and shall be filed with the commission.
Any certificated person who is a citizen or subject of any country
other than the United States, and who is employed in any capacity in
any of the public schools of the state shall, before entering upon
the discharge of his duties, subscribe to an oath to support the
institutions and policies of the United States during the period of
his sojourn within the state. Upon the violation of any of the terms
of the oath or affirmation, the commission shall suspend or revoke
the credential which has been issued.

44335. The issuance of any teaching credential requires (1) the
passing of a satisfactory examination on the provisions and
principles of the Constitution of the United States in a community
college, college, or university of recognized merit or (2) the
satisfactory completion of two semester units of work on the
provisions and principles of the Constitution of the United States in
any university or college from which undergraduate credits earned
are accepted by the commission as meeting undergraduate credit
requirements for credentials issued by the commission or in any
publicly supported community college in the state. Public and private
institutions in California may be authorized to attest to the
individual's satisfaction of this requirement.
The requirements of this section do not apply to the designated
subjects teaching credential authorizing part-time employment only.

44336. When required by the commission, the application for a
certification document or the renewal thereof shall be accompanied by
a certificate in such form as shall be prescribed by the commission,
from a physician and surgeon licensed under the provisions of the
Business and Professions Code or a physician assistant practicing in
compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code, showing that the
applicant is free from any contagious and communicable disease or
other disabling disease or defect unfitting the applicant to instruct
or associate with children.

44337. No person otherwise qualified shall be denied the right to
receive credentials from the commission, to receive training for the
purpose of becoming a teacher, or to engage in practice teaching in
any school, on the grounds he or she is an individual with a
disability; nor shall any school district refuse to engage a teacher
on such grounds, provided, that the teacher, with reasonable
accommodations, is able to carry out the duties of the position for
which he or she applies in the school district. "Disability," as used
in this section, means (1) a physical or mental impairment that
substantially limits one or more of the major life activities of the
individual, (2) a record of such an impairment, or (3) being regarded
as having such an impairment.

44338. No person otherwise qualified shall be denied the right to
receive credentials issued by the commission, to receive training for
the purpose of becoming a teacher, or to engage in practice teaching
in any school, on the ground he or she is a person with a
disability; provided, that the person does not pose a direct threat
of substantial harm to the health or safety of other individuals.

44339. (a) The commission shall adopt, in addition to any other
regulations authorized by law, regulations requiring every applicant
for a credential, or for the renewal of a credential, to submit
reasonable evidence of identification and good moral character.
(b) The adopted rules and regulations shall specify that an
applicant shall not be required to disclose, and the Committee of
Credentials shall not inquire into or consider, any acts or omissions
not related to the applicant's fitness to teach or perform other
duties for which he or she is certificated, or which is related to
his or her competence to perform the duties authorized by his or her
credential.
(c) The adopted rules and regulations shall also prescribe the
notice which shall be supplied to each applicant on the application
form, which shall include the following information:
(1) The offenses which constitute grounds for the mandatory denial
or revocation of a credential.
(2) The offenses for which the commission is authorized to deny or
revoke a credential, depending upon the degree of rehabilitation or
requalification demonstrated by the applicant.
(3) The standards under which the commission determines that it
shall not investigate or pursue offenses which are not clearly
related to an applicant's fitness or competence to teach or perform
other certificated services.

44340. Each applicant for a credential, or for the renewal of a
credential, shall submit with his application duplicate personal
identification cards provided by the commission upon which shall
appear the legible fingerprints and a personal description of the
applicant.
The commission is authorized to, and shall adopt such regulations
as may in its judgment be necessary for the administration of this
section.

44341. (a) (1) For the purpose of ascertaining the moral character
and true identity of the holder of a credential or an applicant for a
credential or the renewal of a credential after jurisdiction to
commence an initial review pursuant to subdivision (b) of Section
44242.5 has been established, the commission is authorized to require
the production of information, records, reports, and other data from
any public agency. For the purposes of determining whether
jurisdiction exists, the commission is also authorized to require the
limited production of records as set forth in subdivision (f) of
Section 44242.5.
(2) This information shall be provided to the commission within 30
days of the request.
(3) The commission shall maintain the confidentiality of this
information in accordance with Chapter 1 (commencing with Section
1798) of Title 1.8 of the Civil Code.
(b) Except for the situation prescribed in subdivision (d), every
applicant for a credential or for the renewal of a credential shall
be deemed to have given his or her consent for the securing of, and
disclosure of, information to the commission for the sole purpose of
ascertaining the moral character and true identity of the holder of a
credential, the applicant for a credential, or a credential holder
applying for the renewal of the credential.
(c) The Department of Justice shall furnish, upon application of
the commission or its authorized representative, all information
pertaining to any applicant of whom there is a record in its office
except that information which may compromise or prejudice an ongoing
criminal investigative matter may be withheld until the matter is
completed.
(d) With the written consent of an applicant for a credential or a
credential holder, the commission upon written request of any
private school authority, shall release to that private school
authority information and other data relative to the identification
or fitness of any applicant for a teaching position in the private
school so long as not otherwise prohibited by any other provision of
law.
(e) Each application for a credential shall contain notice that
the information provided by the applicant is subject to investigation
for, and verification of, the applicant's moral character and true
identity by means of review of information, records, reports, and
other data from any agency or department of the state or any
political subdivision of the state, whether chartered by the state or
not, secured by the commission for these purposes.

44342. Teachers, principals, supervisors, school librarians,
superintendents and assistant superintendents, and other certified
personnel who are presently employed in public schools in California
shall not be adversely affected by this chapter. However, presently
employed personnel and those in preparation shall be permitted to
seek initial or renewal certification under the terms of this
chapter.

44343. A credential which was issued prior to July 1, 1973, shall
remain in force as long as it is valid and continues to be valid
under the law and regulations of the commission. The commission may
not by regulation invalidate such valid credential unless it issues
to the holder thereof, in substitution, a new credential authorized
by other sections of this chapter which is no less restrictive than
the credential for which it was substituted with respect to the kind
of service which it authorizes, and the grades or classes of types of
schools in which it authorizes services.

44344. (a) The commission shall issue the appropriate credentials
authorized by the law operative, and the rules and regulations of the
commission in effect on December 31, 1971, to any person who
completed the requirements for such credential prior to September 15,
1974.
(b) A person may be issued a credential under this section after
September 15, 1974, if that person, between December 31, 1971, and
September 15, 1974:
(1) Was engaged in teaching in a foreign country, after such
person had completed the requirements of such credential.
(2) Holds a credential issued under partial fulfillment and was
working towards meeting the requirements of that credential and was
enrolled in a teacher training institution.
(3) Was working towards meeting the requirements of such
credential and was prevented from completing those requirements
because of active military service, illness, or other causes
determined by the commission.
(4) Was accepted into and enrolled in a teacher education
curriculum at any institution and would be required to take more than
15 semester-hour units or the equivalent quarter-hour units after
September 15, 1974, beyond the requirements necessary to receive such
credential, in order to meet the requirements of credentials issued
under this chapter.
(5) Was enrolled in a student-declared degree program at an
accredited institution leading to such credential with at least a
junior standing as determined by the institution and would be
required to take more than 15 semester-hour units or the equivalent
quarter-hour units after September 15, 1974, beyond the requirements
necessary to receive such credential, in order to meet the
requirements of credentials issued under this chapter.
(c) No credential authorized under this law and rules and
regulations in effect on December 31, 1971, shall be issued to any
person pursuant to the exceptions specified in paragraphs (1) to (5),
inclusive, of subdivision (b) after September 15, 1976.
(d) For the purposes of this section, "teacher education
curriculum" means any professional education course or sequence of
professional education courses required for a credential authorized
by the law operative, and the rules and regulations of the commission
in effect on December 31, 1971.
(e) For the purposes of this section, "student-declared degree
program" means any student-elected degree objective at an approved
institution selected for the purpose of obtaining a credential
authorized by the law operative, and the rules and regulations of the
commission in effect on December 31, 1971.

44345. The commission may deny any application for the issuance of
a credential or for the renewal of a credential made by any applicant
who falls under any of the following categories:
(a) Lacks the qualifications which are prescribed by law or
regulations adopted by the commission pursuant thereto.
(b) Is physically or mentally so disabled as to be rendered unfit
to perform the duties authorized by the credential for which he or
she applies. However, the mere fact that an applicant has sought or
received psychiatric treatment shall not be considered as preliminary
evidence of mental disability and shall not provoke special scrutiny
of such applicant's qualifications for a credential.
(c) Is addicted to the use of intoxicating beverages to excess.
(d) Is addicted to the use of controlled substances.
(e) Has committed any act involving moral turpitude.
(f) Has had a certification document revoked.
(g) Has intentionally practiced or attempted to practice any
material deception or fraud in his or her application.
(h) Fails or refuses to furnish reasonable evidence of
identification or good moral character.
(i) Has been convicted of any offense defined in subdivision 1 of
Section 314 of the Penal Code prior to September 7, 1955.
Any denial pursuant to subdivisions (a) to (e), inclusive, shall
be based upon reasons related to the applicant's fitness to teach or
fitness to perform other duties for which that applicant is
certificated, or competence to perform the duties which the
credential would authorize the applicant to perform.

44346. (a) The commission shall deny any application for the
issuance of a credential or for the renewal of a credential made by
any applicant who comes within any of the following classes:
(1) Has been determined to be a sexual psychopath under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6 of the Welfare and Institutions Code or under
similar provisions of law of any other state.
(2) Has been convicted of any sex offense, as defined in Section
44010.
(3) Has been convicted of a controlled substance offense, as
defined in Section 44011.
(4) Has been found to be insane through a criminal proceeding by a
federal court or a court in this or any other state.
(b) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a),
no person shall be denied a credential solely on the basis that he
or she has been convicted of a crime specified in paragraphs (2) and
(3) of subdivision (a) 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, and if his
or her probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal
Code.
(2) Notwithstanding any other law, the commission shall deny the
application of any applicant who is required to register as a sex
offender pursuant to either of the following:
(A) Section 290 of the Penal Code.
(B) A law of any other state or of the United States when the
underlying offense, if committed or attempted in this state, would
require registration as a sex offender under Section 290 of the Penal
Code.
(c) Notwithstanding paragraph (3) of subdivision (a) or
subdivision (b), the commission may issue a credential to a person
convicted of a controlled substance offense as defined in Section
44011 if the commission determines from the evidence presented that
the person has been rehabilitated for at least five years, or has
received 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, or if the accusation or information against the
person has been dismissed and he or she has been released from all
disabilities and penalties resulting from the offense pursuant to
Section 1203.4 of the Penal Code.
(d) Notwithstanding paragraph (4) of subdivision (a), the
commission may issue a credential to a person found to be insane
through a criminal proceeding by a federal court or a court in this
or any other state if the commission determines from the evidence
presented that the person has been rehabilitated for at least five
years.

44346.1. (a) The commission shall deny any application for the
issuance of a credential made by an applicant who has been convicted
of a violent or serious felony or a crime set forth in subdivision
(a) of Section 44424 or whose employment has been denied or
terminated pursuant to Section 44830.1.
(b) 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.
(c) 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.
(d) Notwithstanding subdivision (a), the commission may, but is
not required to, grant a credential to an applicant who has been
convicted of a violent or serious felony if the person is eligible
for, and 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.

44346.5. (a) The Commission on Teacher Credentialing shall submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of all individuals,
as described in subdivision (a) of Section 49024, for the purposes
of obtaining information as to the existence and content of a record
of state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the individual is free on bail or on his or her own recognizance
pending trial or appeal.
(b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the commission.
(c) The Department of Justice shall provide a state and federal
level response to the commission pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(d) The commission shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for individuals described in
subdivision (a) of Section 49024 of this code.
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(f) (1) If a denial of an application for a certificate is due at
least in part to the individual's state or federal criminal history
record, the commission shall provide to the individual a copy of his
or her criminal history record search response with the notice of the
denial.
(2) The state or federal criminal history record search response
shall not be modified or altered from its form or content as provided
by the Department of Justice.
(3) The criminal history record search response shall be provided
in such a manner as to protect the confidentiality and privacy of the
individual's criminal history record and the criminal history record
search response shall not be made available by the commission to any
school district or county office of education.
(4) The commission shall retain a copy of the individual's
criminal history record search response, and the date and the address
to which it was sent. The commission shall make this information
available upon request by the Department of Justice or the Federal
Bureau of Investigation.

44347. The terms of credentials shall be as specified in this
article.

44348. Except as otherwise specifically required in this chapter,
the commission shall establish regulations pertaining to the
expiration dates of initially issued and renewed credentials.

44349. Each credential issued by the commission shall clearly state
the kind of service that it authorizes, the grades or classes, or
the types of schools in which it authorizes service, and shall have
such other content as the commission may prescribe or as may be
prescribed by authority of the commission.

44350. (a) Each credential issued shall contain its date of
expiration, be issued on a form prescribed by the commission, and
bear the signatures of the executive director and the chair of the
commission or their facsimile signatures.
(b) In order to ensure the timely processing of an application for
a credential, either electronically or by printed copy, the
commission shall process an application within 50 business days of
receipt.
(c) A school district, county office of education, nonpublic
school, charter school, or institution of higher education submitting
an application for a credential, certificate, permit, or other
document shall submit the application to the commission not more than
three months after the issuance date of the document requested.
(d) The processing time set forth in subdivision (b) does not
apply to an application subject to a fitness review by the commission
pursuant to Article 3 (commencing with Section 44240) of Chapter 2,
or an application subject to a fitness review based on allegations of
unfitness pursuant to Article 1 (commencing with Section 44420) of
Chapter 3.

44351. Whenever the date of expiration of any credential occurs
while the person holding the credential is in the active military
service of the United States of America or of the State of
California, including active service in any uniformed auxiliary of,
or to, any branch of such military service created or authorized as
such auxiliary by the Congress of the United States of America or by
the Legislature of the State of California or in the service of the
United States Merchant Marine, or in the full-time paid service of
the American Red Cross, during any national emergency declared by the
President of the United States of America, or during a war in which
the United States of America is engaged, or within six months after
such person honorably leaves such service or has been placed on
inactive duty, the credential is hereby continued in force until six
months after such person honorably leaves such service or has been
placed on inactive duty.
The holder of a credential so extended shall be entitled to a
renewal of the credential prior to its date of expiration as herein
fixed, subject to provisions of this code relating to the renewal of
credentials.

44352. Whenever satisfactory proof is presented to the commission
by any person to whom the commission has granted a credential that
has been lost or destroyed, the commission shall issue to him a new
credential of the same kind, grade, character, and tenure as that
lost or destroyed.
For issuance of the new credential the commission shall require a
fee to cover the cost of replacement not to exceed the fee for
issuance of an original credential pursuant to Section 44235. The
revenues from the fee provided for in this section shall not be
available for expenditure until appropriated.

44353. Satisfactory proof shall consist of an affidavit by the
person, giving the kind of the credential, the date of issue, if
possible, and the basis upon which it was issued, together with such
other information as the issuing authority may require.

44354. Any oath required of an applicant for a credential may be
administered by any of the persons enumerated in Section 60, by such
employees of the Department of Education as the Superintendent of
Public Instruction may designate, and by such employee of the
commission as the commission may designate.

44355. (a) Except as provided in subdivision (b), all credentials
regularly issued are valid until revoked, suspended, or expired as
provided by law.
(b) A credential issued under either of the following
circumstances is void and shall be deemed to be void from the date it
was issued:
(1) A credential which would not have been issued but for a
material deception or fraud committed by an applicant or by another
in the applicant's behalf; or
(2) A credential which the commission had no lawful authority to
issue and which would not have been issued but for some material
mistake of law or fact by either or both the applicant and the
commission.
(c) A notice that a credential is void pursuant to paragraph (1)
or (2) of subdivision (b) shall be served upon the credential holder
at his or her last known address as provided in Section 1013 of the
Code of Civil Procedure. Within 30 days thereafter, such notice may
be appealed to the commission only on the grounds that there was no
fraud, material deception, or error and that the commission had the
lawful authority to issue the credential on the facts stated in the
application.