SECTIONS 8360-8370 - California Statutes

EDUCATION CODE

SECTION 8360-8370

8360. (a) (1) Child development programs shall include a career
ladder program for classroom staff. Persons who are 18 years of age
and older may be employed as aides and may be eligible for salary
increases upon the completion of additional semester units in early
childhood education or child development. The governing board of each
contracting agency shall be encouraged to provide teachers and aides
with salary increases for the successful completion of early
childhood education or child development courses in six semester unit
increments.
(2) Persons employed as teachers shall possess a permit issued by
the Commission on Teacher Credentialing authorizing service in the
care, development, and instruction of children in a child care and
development program.
(b) Any person who meets the following criteria is eligible to
serve in an instructional capacity in a child care and development
program:
(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.
(2) Twelve units in early childhood education or child
development, or both, or two years' experience in early childhood
education or a child care and development program.

8360.1. Except as waived under Section 8242 and except as stated in
Section 18203 of Title 5 of the California Code of Regulations
regarding program directors in schoolage community child care
services programs, any entity operating child care and development
programs providing direct services to children, as defined in Section
8244, at two or more sites, shall employ a program director who
possesses one of the following:
(a) A permit issued by the Commission on Teacher Credentialing
authorizing supervision of a child care and development program
operating in multiple sites.
(b) Any person who meets the following criteria is eligible to
supervise a child care and development program operating in multiple
sites and serve in an instructional capacity in a child care and
development program:
(1) Possesses a current credential issued by the Commission on
Teacher Credentialing authorizing teaching service in elementary
school or a single subject credential in home economics.
(2) Six units in administration and supervision of early childhood
education or child development, or both. The requirement set forth
in this paragraph does not apply to any person who was employed as a
program director prior to January 1, 1993, in a child care and
development program receiving funding under this chapter.
(3) Twelve units in early childhood education or child
development, or both, or at least two years' experience in early
childhood education or a child care and development program.
(c) A waiver issued by the Superintendent of Public Instruction
pursuant to Section 8244.
This section shall become operative on January 1, 1997.

8360.2. Not later than 95 days after the governing board of a
public agency sets the date a person employed by that board shall
begin service in a position requiring a children's center
instructional permit or a children's center supervision permit, that
person shall file, on or before that date, with the county
superintendent of schools a valid permit issued on or before that
date, authorizing him or her to serve in a position for which he or
she was employed. Upon renewal of that permit, that person shall file
that renewal with the county superintendent of schools no later than
95 days after the renewal.

8360.3. Notwithstanding Sections 8360 and 8360.1, any person
serving as a teacher or program director in a child care and
development program that provides service to severely handicapped
children, as defined in Section 8208, pursuant to subdivision (d) of
Section 8250, shall hold an appropriate child care and development
permit, be deemed to hold that permit pursuant to subdivision (b) of
Section 8360 or subdivision (f) of Section 8360.1, or meet one or
more of the following options:
(a) Is a teacher meeting one of the following criteria:
(1) Has completed all the following:
(A) Twenty-four semester units of coursework, with a "C" or better
average, from an accredited institution in any one or a combination
of the following areas: psychology, sociology, special education,
physical education, recreation therapy, vocational education, early
childhood education, and child development.
(B) Sixteen semester units of coursework in general education,
including one course in each of the following areas: humanities,
social sciences, math or science, or both, and English.
(C) Completed one of the following:
(i) Two experience periods as a paid aide or assistant in a
program serving children with exceptional needs or severely
handicapped children.
(ii) Three experience periods as a volunteer in an instructional
capacity in a program serving children with exceptional needs or
severely handicapped children.
(iii) Two or more semester units of supervised field coursework in
a child care and development program at an accredited institution,
plus one experience period in a program serving children with
exceptional needs or severely handicapped children.
For purposes of this subparagraph, "experience period" means paid
or volunteer services in a program serving children with exceptional
needs or severely handicapped children for not less than 200 hours.
Those services shall have been provided for a minimum of two hours
per day during not more than 36 consecutive months.
(2) Holds a California special education credential.
(b) Is a program director meeting one of the following criteria:
(1) Holds a California special education credential.
(2) Holds a professional credential, license, or masters degree in
psychology, social work, special education, physical education,
recreation therapy, vocational education, counseling, early childhood
education, or child development, and has completed six semester
units of administration and supervision of early childhood education
or child development programs, or both.
(c) Was employed prior to January 1, 1993, as a teacher or program
director in a child care and development program that provides
services to severely handicapped children.

8361. Notwithstanding any other provision of law, a high school
student or any other adult shall be selected by the governing board
of a public or private agency as defined within Section 8213 to serve
as nonteaching personnel as provided in Section 8242 to perform
noninstructional work. A career ladder shall be utilized in the
employment and promotion of such noninstructional personnel. Each
such person shall have had a health examination made within the
12-month period preceding the date of employment. Each person shall
also submit duplicate personal identification cards upon which shall
appear legible fingerprints and a personal description of the
applicant.

8362. The same fee as that prescribed for a credential provided in
Section 44235 shall be charged for either the issuance or renewal of
each child development permit authorizing service in the supervision
and instruction of children in child development programs or
authorizing service as a supervisor in a program.

8363. The Commission on Teacher Credentialing shall by rule or
regulation establish the requirements for the following:
(a) The issuance and the renewal of permits authorizing service in
the care, development, and instruction of children in child care and
development programs, as well as the issuance of emergency permits
for this purpose.
(b) The issuance and renewal of permits authorizing supervision of
a child care and development program, as well as the issuance of
emergency permits for this purpose.
(c) The periods of duration of the permits set forth in this
section.

8363.5. (a) A special child development permit shall be issued to
any person employed as a supervisor, head teacher, or teacher by an
agency conducting a child care and development program under contract
with a county who did not meet the requirements for an emergency
instructional permit authorizing service in children's centers or a
supervisor's permit with postponement of requirements authorizing
service in a children's center in effect on October 15, 1974. A
special child development permit issued pursuant to this section
shall be valid for 36 months after its date of issuance. Within the
36-month period following the date of issuance of the permit, the
following shall apply:
(1) A person employed as a head teacher or teacher who has
completed 30 semester hours of coursework taken in an approved
institution, including 12 semester hours of coursework in subject
fields related to early childhood education, shall be issued an
emergency instructional permit authorizing service in a children's
center and be subject to the term and renewal regulations in effect
on October 15, 1974.
(2) A person employed as a supervisor who has obtained a bachelor'
s degree from an approved institution and completed at least 12
semester hours of coursework in subject fields related to early
childhood education shall be issued a supervision permit with
postponement of requirements authorizing service in children's
centers and be subject to the term and renewal regulations in effect
on October 15, 1974.
(b) It is the intention of the Legislature that this section be
liberally interpreted to ensure that those experienced and qualified
persons employed in county contract day care centers prior to July 1,
1974, maintain their positions and be given ample opportunity to
upgrade their skills to meet revised educational standards.

8364. Service under a provisional permit shall not be included in
computing the service required as a prerequisite to attainment of, or
eligibility to, classification as a permanent employee of a child
development program. Such persons employed on the effective date of
Chapter 1717 of the Statutes of 1965 and who have been employed for
three consecutive years prior to the effective date of this
legislation shall be deemed to have met the requirements for a
regular permit and shall not be subject to the requirements of a
provisional permit.

8365. Each county or city and county board of education or
community colleges board may issue temporary certificates for the
purpose of authorizing salary payments to child development employees
whose child development permit applications are being processed. The
applicant for such a temporary certificate shall make a statement
under oath that he has duly filed his application for a permit
together with the required fee and that to the best of his knowledge
no reason exists why he should not be issued a permit. Such
certificate shall be valid for not more than 90 schooldays and only
until the permit originally requested is either issued or denied by
the Commission for Teacher Preparation and Licensing.

8365.5. For the purposes of Section 44882, service of 134 days,
consecutive or nonconsecutive, by certificated personnel in a
children's center during a one-year period, July 1 to June 30th,
shall be considered as one year of service.
This section shall not be construed as permitting a certificated
employee assigned 12 calendar months of the year to acquire permanent
classification with respect to employment for more than the regular
academic year, as defined in Section 37250.
This section shall be applicable to service rendered between July
1, 1976, and June 30, 1977, and subsequent one-year periods.

8366. Each person employed by a public or private agency as defined
in Section 8213 in a position requiring a child development permit
for the supervision and instruction of children, or for service as a
physician, dentist, or nurse, or in the supervision of the child
development program, shall be deemed to be employed in a position
requiring certification qualifications.
Each other person employed by an agency in a child development
program under the provisions of this chapter shall be deemed for all
purposes, including retirement, to be a person employed by the agency
in a position not requiring certification qualifications.
The provisions of Section 45053 or 45054 shall not apply to
employees in child development programs.
A district may lay off an employee required to have such a permit
at any time during the school year for lack of work or lack of funds
or may provide for his employment for not to exceed 90 days in any
one school year on an intermittent basis which shall not be deemed
probationary service. The order of layoff shall be determined by
length of service. The employee who has served the shortest time
shall be laid off first, except that no permanent employee shall be
laid off ahead of a probationary employee. A permanent employee who
has been laid off shall hold reinstatement rights for a period of 39
months from the date of layoff.
Service performed prior to September 18, 1959, shall not be
included in computing the service required as a prerequisite for
attainment of, or eligibility to, classification as a permanent child
development employee.
A person who is employed by an agency as a probationary employee
in a position requiring a child development permit for the
supervision and instruction of children, or for service as a
physician, dentist, or nurse, or in the supervision of the children's
program and who has served in such a position for three complete
consecutive school years as defined in Sections 44908 or 87468 and
44975 or 87776 immediately prior to September 18, 1959, may be
dismissed only in accordance with the provisions of Section 44949 or
87740.
Other persons who are employed as probationary employees in
positions requiring such permits on or after September 18, 1959, may
be dismissed in accordance with the provisions of Section 44949 or
87740.

8367. Any city, county, or city and county charter provision to the
contrary notwithstanding, each person employed by an agency on July
1, 1955, and each person employed by an agency on September 11, 1957,
who was theretofore excluded, solely by reason of the provisions of
the predecessor of Section 8366 in effect prior to July 1, 1955, or
who was therefore excluded solely by reason of the provisions of the
predecessor of this section prior to September 11, 1957, from
membership in any retirement system in which the agency participates
or to which it contributes for the purpose of providing retirement
rights and benefits for employees of the agency not employed in a
status requisite for membership in the State Teachers' Retirement
System, shall become a member of the retirement system from which he
was excluded, on July 1, 1955, or on September 11, 1957, if
theretofore excluded solely by reason of the provisions of the
predecessor of this section in effect prior to that date. Every such
member shall be entitled to credit for service in child development
programs rendered prior to July 1, 1955, or prior to September 11,
1957, if theretofore excluded, and before he became a member of the
system, in the same manner as if he had not theretofore been excluded
from membership in the retirement system, except that he shall not
be required to make any contributions to the retirement system in
respect to such service rendered prior to his membership, and all
contributions necessary to provide benefits on account of such
service shall be paid to the retirement system by the agency by which
the member is employed. For the purpose of computing benefits for
services rendered prior to July 1, 1955, as provided in this section,
the average monthly salary earned by such employee in the fiscal
year 1954-55 shall be used and for the purpose of computing benefits
for service rendered between July 1, 1955, and September 11, 1957,
for members receiving credit for service between those dates under
the provisions of the predecessor of this section as amended by
Chapter 1238 of the Statutes of 1957, the average monthly salary
earned by such employees in the fiscal year 1956-57 shall be used.
Notwithstanding any other provisions of this section, for the
purpose of computing benefits for any person retired on and after
January 1, 1958, for services rendered prior to July 1, 1955, as
provided in this section, and for the purpose of computing benefits
for services rendered between July 1, 1955, and September 11, 1957,
for members receiving credit for service between those dates under
the provisions of this section, the "final compensation" of such
person shall be computed in the same manner as for other employees
who are included in the same retirement system and in the same class
of retirement system members and who are not affected by this
section. The amendment to this section enacted at the 1963 session
shall be applied to increase the allowances, payable subsequent to
October 1, 1963, in respect to those members who retired on or after
July 1, 1955.
Notwithstanding any other provisions of this section no increased
allowance shall be paid, as authorized by this section, to any person
who has retired between July 1, 1955, and October 1, 1963, unless
the person to whom the increase would otherwise be payable mails
written application for the increase to the appropriate retirement
system prior to April 1, 1964.

8368. Any person who is employed in a child development program on
October 1, 1965, and who was brought into membership in a retirement
system on October 1, 1963, notwithstanding his prior election
pursuant to Section 8367 or the predecessor of such Section 8367 as
it read prior to October 1, 1963, not to be a member of such system,
shall have the same rights under such system with respect to his
service in child development programs as he would have had under
Section 8367 or the predecessor of such section had he elected
thereunder to be a member of such system.

8369. Every employee of a child development program who before his
employment in such program was employed by the agency maintaining
such program in a position entitling him to membership in, and who
was a member of, the retirement system maintained by such district,
and if such employee's contributions to such retirement system were
returned to him when he was employed in the program, such employee
shall have the right to elect, by written document filed with the
Board of Administration, Public Employees' Retirement System, at any
time within 90 days after the date upon which the notice of the right
to make such election is mailed by such system, either to the member'
s latest address on file in the office of such system, or to the
office of the governing board of such agency or agencies, and prior
to the date of retirement, to contribute to such system, subject to
minimum payments fixed by the Board of Administration, and in one or
more sums, or in not to exceed 60 monthly payments, an amount which,
when added to his accumulated contributions, including interest,
transferred as required in paragraph (1) of subdivision (b) of
Section 24810, will make a total amount equal to the accumulated
contributions, including interest, which would have been credited to
him in such plan, if he had never had his contributions returned to
him. Such employee shall pay to the Public Employees' Retirement
System interest on the unpaid balance of the amount payable to such
system, beginning with the date of transfer, at the rate of interest
currently used from time to time under the system. If such employee
elects to make, and makes, such contributions and pays such interest,
but not otherwise, he shall receive credit under such employees'
system, as state service, for all prior service rendered while he was
not a member of such plan.

8370. The Commission on Teacher Credentialing shall establish
standards for the issuance of the permits herein provided for. The
standards may be changed from time to time, but changes therein shall
not affect then valid permits issued to persons.