reglab/statecodes huggingface dataset:
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80307.1 - Investigation Commences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An investigation is commenced on the date respondent is
					 first notified, in writing, that his or her fitness to hold a credential is
					 under initial review.
1. New
					 section filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Sections
						44242.5 and
						44242.7,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80308 - Preliminary Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the Committee receives information about an applicant or holder, the Committee
				  may conduct a preliminary review of the information prior to commencing an
				  investigation. At the preliminary review, the Committee may either determine to
				  end the review or instruct staff to set the matter for initial review at a
				  later meeting.
(b) A credential
				  holder's personnel records shall not be obtained without written notification
				  to the holder.
(c) No contact shall
				  be made by any Commission staff members with anyone except the complainant
				  prior to opening the investigation.
1. Repealer
					 and new section filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44242.5,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80309 - Medical and Psychiatric Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Committee shall not initiate an
				  administrative hearing solely on the grounds that an applicant or licensee is
				  suffering from a contagious and communicable disease or other disease or defect
				  of mind or body unless probable cause appears from the evidence that:
(1) The condition of the applicant or
				  licensee constitutes a health hazard to students or persons with whom he or she
				  must associate in carrying out the duties authorized by the credential applied
				  for or held; or
(2) Because of the
				  said disease or defect the applicant or licensee is unable to perform the
				  duties authorized by the credential applied for or held.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80309.1 - Initial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prior to issuance of a notice of meeting pursuant to section
				  80310 the Committee shall conduct
				  an initial review of the matter based upon written information.
(b) Notification of the initial review shall
				  be provided to the holder or applicant only.
(c) When the matter is set for initial review
				  by the Committee the staff shall provide written notification to the applicant
				  or holder and offer the applicant or holder a reasonable opportunity to provide
				  written information to the Committee prior to the Committee meeting. All
				  written statements by the applicant or holder provided to the Committee shall
				  be verified under the penalty of perjury.
(d) Staff shall submit a confidential
				  investigative report to the Committee.
1. New
					 section filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44242.5,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80310 - Notice of Meeting, Formal Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The notice of meeting required by
				  Education Code section
				  44244(a),
				  shall be sent to the address of record of the holder or applicant. In its
				  discretion, the Committee may also send the notice to the last known address of
				  the holder or applicant. However, it is the responsibility of the holder or
				  applicant to notify the Commission of any change in his or her address of
				  record. The notice to the holder or applicant shall contain a confidential
				  investigative report.
(b) A copy of
				  the notice, without the confidential investigative report, shall be sent to any
				  complainant and all known educational employers.
1. Repealer
					 of subsection (b) filed 11-2-82; effective thirtieth day thereafter (Register
					 82, No. 45).
2. Repealer and new section filed 8-8-97; operative
					 9-7-97 (Register 97, No. 32).
3. Amendment of section and NOTE filed
					 3-24-2005; operative 4-23-2005 (Register 2005, No.
					 12).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244(a),
						Education Code; and Section
						1013(a),
						Code of Civil Procedure.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80311 - Request for Appearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No later than 20 days prior to formal
				  review before the Committee pursuant to section
				  80310, the holder or applicant may
				  request an opportunity to personally appear before the Committee during the
				  formal review to respond, under oath, to questions from the
				  Committee.
(b) Upon receipt of a
				  request for an appearance, staff shall schedule a specific day and time to
				  appear before the Committee during the formal review. Staff shall also notify
				  all complainants and the last known employer, of the scheduled appearance. This
				  notice shall state that the complainant and/or employer may also appear to
				  offer relevant testimony before the Committee.
(c) If the holder or applicant is unable to
				  appear before the Committee at the scheduled time, the Committee shall conduct
				  the meeting, as noticed pursuant to section
				  80310, without an appearance. The
				  Committee may grant a continuance if an emergency situation exists.
1. Amendment
					 filed 4-23-85; effective thirtieth day thereafter (Register 85, No.
					 17).
2. Amendment filed 8-25-88; operative 9-24-88 (Register 88, No.
					 36).
3. Repealer and new section filed 8-8-97; operative 9-7-97
					 (Register 97, No. 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80312 - Continuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A matter set for review by the Committee may be continued
					 only upon written request and in compelling and verifiable situations. As part
					 of the written request for a continuance the respondent must submit a written
					 waiver of time and a showing that there will be no harm to the public in the
					 event the continuance is granted. A request for a continuance must be received
					 at the Commission no later than 10 days prior to the date set for review by the
					 Committee.
1. New
					 section filed 8-29-88; operative 9-28-88 (Register 88, No. 36). For prior
					 history, see Register 82, No. 45.
2. Repealer and new section filed
					 8-8-97; operative 9-7-97 (Register 97, No. 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80313 - Presence of Material Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person determined by the Committee of
				  Credentials to be a material witness in a particular case shall be permitted to
				  be present to provide testimony during formal review by the Committee, and
				  shall be examined for rebuttal evidence, if any.
(b) Whether a witness is called shall be at
				  the sole discretion of the Committee of Credentials.
(c) The order of witness testimony shall be
				  determined by the Committee of Credentials.
(d) A minor witness (persons under 18 years
				  of age) may have one support person present during their testimony. No support
				  will be allowed for adult witnesses, except the representative designated by
				  the applicant or holder under investigation.
1. Amendment
					 of subsection (a) filed 11-2-82; effective thirtieth day thereafter (Register
					 82, No. 45).
2. Amendment filed 8-29-88; operative 9-28-88 (Register
					 88, No. 36).
3. Repealer of former section
					 80313 and renumbering and amendment
					 of former section
					 80317.2 to new section
					 80313 filed 8-8-97; operative
					 9-7-97 (Register 97, No. 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Sections
						44242.5 and
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80314 - Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quorum of the Committee must be present to consider any
					 action, and at least four members must concur to take any
					 action.
1. New
					 section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior
					 history, see Register 82, No. 45.
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80314.5 - Notice of Committee Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A written copy of the recommendation and findings of the
					 Committee together with a notice of appeal rights available shall be sent by
					 registered mail to the holder's or applicant's last known address within 14
					 days after the meeting or hearing at which the recommendation is made. Unless
					 the recommendation involves private admonition, as provided in Section
					 44438 of
					 the Education Code, a copy of the said recommendation, but not the findings,
					 unless otherwise provided by law, shall be mailed to all complainants and
					 parties requesting notice of the Committee's decision in the case. Such
					 recommendation, but not the findings, unless otherwise provided by law, shall
					 also be made available to members of the public upon request.
1. New
					 section filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Sections
						44244 and
						44438,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80315 - Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A holder,
				  applicant, complainant or employer may request, in writing, that the Committee
				  reconsider its recommended decision. The request must be received by the
				  Commission no later than 30 days after personal service or mailing notice of
				  the Committee's recommendation. The request for reconsideration shall also
				  contain new and different evidence which may materially affect the findings of
				  the Committee.
(b) When a
				  recommendation of the Committee is presented to the Commission pursuant to
				  Education Code section
				  44244.1,
				  the Commission may adopt the recommendation or request the Committee to
				  reconsider its action, decision, or recommendation. Upon request of the
				  Commission, the Committee shall reconsider its action, decision, or
				  recommendation.
(c) A member of the
				  Committee may participate in the reconsideration of a matter even though he or
				  she was not present during the original consideration of the matter if the
				  interested parties agree, or if the member reviews a transcript or tape
				  recording of the proceedings and all other documents and evidentiary materials
				  before the Committee.
1. New
					 section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior
					 history, see Register 82, No. 45.
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80316 - Confidentiality of Investigative Material. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-2-82; effective thirtieth day thereafter (Register 82, No.
					 45).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Section
						44248,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80316.5 - Confidential Report of Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the confidential investigative report shows that the
					 allegations are groundless the file shall be sealed.
1. Amendment
					 filed 11-2-82; effective thirtieth day thereafter (Register 82, No.
					 45).
2. Amendment of section and NOTE filed 8-8-97; operative 9-7-97
					 (Register 97, No. 32).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Sections
						44242.5 and
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80317 - Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The credential holder or applicant may, within thirty (30)
					 days after personal service or the mailing of notice of the Committee's
					 recommendation, request an administrative hearing by giving written notice to
					 the Commission. The administrative hearing is a trial de novo. Any prayer
					 contained in an Accusation or Statement of Issues shall request "appropriate
					 adverse action according to evidence."
1. Repealer
					 and new section filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Sections
						44244(d)
						and
						44244.1,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80317.2 - Presence of Material Witnesses. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-11-81; effective thirtieth day thereafter (Register 81, No.
					 7)
2. Renumbering and amendment of former section
					 80317.2 to new section
					 80313 filed 8-8-97; operative
					 9-7-97 (Register 97, No. 32).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Item 358 of the 1980-81 Supplemental
						Budget.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80318 - Action Committee May Take. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-2-82; effective thirtieth day thereafter (Register 82, No.
					 45).
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80318.1 - Reconsideration of Committee Action. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-2-82; effective thirtieth day thereafter (Register 82, No.
					 45).
Note: Authority cited: Sections
						44242 and
						44243,
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80319 - Notice of Committee Action; Form of Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a) and (b)(4) filed 2-11-81; effective thirtieth day thereafter
					 (Register 81, No. 7).
2. Amendment filed 8-29-88; operative 9-28-88
					 (Register 88, No. 36).
3. Repealer filed 8-8-97; operative 9-7-97
					 (Register 97, No. 32).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Sections
						44243 and
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80320 - Consent Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time after the Committee has determined that a
					 Statement of Issues or an Accusation shall be filed against a respondent, but
					 before a final determination of the matter has been made by the Commission, the
					 respondent may propose and the Committee may recommend to the Commission a
					 settlement upon terms which sufficiently provide for the protection of the
					 public, schoolchildren and the profession.
1. Amendment
					 of section and NOTE filed 8-8-97; operative 9-7-97 (Register 97, No.
					 32).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 2 - Duties and Functions of the Committee of Credentials; Guidelines › Section 80321 - Committee of Credentials Reports to the Commission. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 11-2-82; effective thirtieth day thereafter (Register 82, No.
					 45).
Note: Authority cited: Sections
						44242 and
						44243,
						Education Code. Reference: Section
						44244,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80331 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These rules are binding upon every person
				  holding a credential or any license to perform educational services under the
				  jurisdiction of the Commission on Teacher Credentialing, and the consequences
				  of any willful breach may be revocation or suspension of the credential, or
				  license, or private admonition of the holder.
(b) Nothing in these rules is intended to
				  limit or supersede any provision of law relating to the duties and obligations
				  of certificated persons or to the consequences of the violation of such duties
				  and obligations. The prohibition of certain conduct in these rules is not to be
				  interpreted as approval of conduct not specifically cited.
(c) These rules may be cited and referred to
				  as "Rules of Conduct for Professional Educators."
(d) The Commission shall complete a study of
				  the effect of these rules and present its findings to the Governor, the
				  Legislature, and the State Board of Education no later than September 1,
				  1989.
(e) As used in these rules:
(1) "Certificated person" means any person
				  who holds a certificate, permit, credential, or other license authorizing the
				  performance of teaching or education-related service in grades K through 12 in
				  California public schools.
(2)
				  "Professional employment" means the performance for compensation of teaching or
				  other education-related employment in a position for which certification
				  requirements are set by law.
(3)
				  "Confidential information" means information which was provided to the
				  certificated person solely for the purpose of facilitating his/her performance
				  of professional services for or on behalf of the person or employer providing
				  such information.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80332 - Professional Candor and Honesty in Letters or Memoranda of Employment Recommendation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certificated person shall not write or
				  sign any letter or memorandum which intentionally omits significant facts, or
				  which states as facts matters which the writer does not know of his/her own
				  knowledge to be true relating to the professional qualifications or personal
				  fitness to perform certificated services of any person whom the writer knows
				  will use the letter or memorandum to obtain professional employment nor shall
				  he/she agree to provide a positive letter of recommendation which misrepresents
				  facts as a condition of resignation or for withdrawing action against the
				  employing agency.
(b) This rule has
				  no application to statements identified in the letter or memorandum as personal
				  opinions of the writer but does apply to unqualified statements as fact that
				  which the writer does not know to be true or to statements as fact that which
				  the writer knows to be untrue.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2.
					 Editorial correction of Authority cite (Register 95, No.
					 9).
Note: Authority cited: Sections
						44225(b)
						and
						44339,
						Education Code. Reference: Sections
						44345,
						44420 and
						44421,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80333 - Withdrawal from Professional Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certificated person shall not abandon
				  professional employment without good cause.
(b) "Good cause" includes but is not
				  necessarily limited to circumstances not caused by or under the voluntary
				  control of the certificated person.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2.
					 Editorial correction of Authority cite (Register 95, No.
					 9).
Note: Authority cited: Sections
						44225(b)
						and
						44339,
						Education Code. Reference: Sections
						44345,
						44420 and
						44421,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80334 - Unauthorized Private Gain or Advantage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certificated person shall not:
(a) Use for his/her own private gain or
				  advantage or to prejudice the rights or benefits of another person any
				  confidential information relating to students or fellow
				  professionals;
(b) Use for his/her
				  own private gain or advantage the time, facilities, equipment, or supplies
				  which is the property of his/her employer without the express or clearly
				  implied permission of his/her employer;
(c) Accept any compensation or benefit or
				  thing of value other than his/her regular compensation for the performance of
				  any service which he/she is required to render in the course and scope of
				  his/her certificated employment. This rule shall not restrict performance of
				  any overtime or supplemental services at the request of the school employer;
				  nor shall it apply to or restrict the acceptance of gifts or tokens of minimal
				  value offered and accepted openly from students, parents or other persons in
				  recognition or appreciation of service.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No.
					 3).
Note: Authority cited: Sections
						44225(b)
						and
						44339,
						Education Code. Reference: Sections
						44345,
						44420 and
						44421,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80335 - Performance of Unauthorized Professional Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certificated person shall not, after July 1, 1989:
(a) Knowingly, accept an assignment to
				  perform professional services if he or she does not possess a credential
				  authorizing the service to be performed; unless he or she has first exhausted
				  any existing local remedies to correct the situation, has then notified the
				  county superintendent of schools in writing of the incorrect assignment, and
				  the county superintendent of schools has made a determination, within 45 days
				  of receipt of the notification, that the assignment was caused by extraordinary
				  circumstances which make correction impossible, pursuant to the procedures
				  referred to in Education Code Section
				  44258.9(g)(2) and
				  (3).
(b) Knowingly and willfully assign or require
				  a subordinate certificated person to perform any professional service which the
				  subordinate is not authorized to perform by his or her credential or which is
				  not approved by appropriate governing board authorization, unless he or she has
				  made reasonable attempts to correct the situation but has been unsuccessful,
				  and has notified the county superintendent of schools of those attempts, and
				  the county superintendent of schools has determined, within 45 days of being
				  notified of the assignment, that the assignment was caused by extraordinary
				  circumstances which make correction impossible.
(c) Neither (a) nor (b) shall be applicable
				  in a situation where extraordinary circumstances make the correction of the
				  misassignment impossible.
(d) There
				  shall be no adverse action taken against a certificated person under this rule
				  for actions attributable to circumstances beyond his or her control.
(e) Effective October 20, 1993, no adverse
				  action described in Title 5, California Code of Regulations, section
				  80331(a) shall be
				  imposed for violation of this provision prior to review and attempted
				  disposition pursuant to Title 5, California Code of Regulations, sections
				  80339 through
				  80339.6.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).
2. New
					 subsection (e) and amendment of NOTE filed 9-20-93; operative 10-20-93
					 (Register 93, No. 39).
Note: Authority cited: Section
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80336 - Performance with Impaired Faculties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certificated person shall not:
(1) Perform or attempt to perform any duties
				  or services authorized by his or her credential during any period in which he
				  or she knows or is in possession of facts showing that his or her mental or
				  intellectual faculties are substantially impaired for any reason, including but
				  not limited to use of alcohol or any controlled substance.
(2) Assign or require or permit a subordinate
				  certificated person to perform any duties authorized by his or her credential
				  during any period in which the superior certificated person knows of his or her
				  own knowledge or is in possession of facts showing that the subordinate
				  certificated person's mental or intellectual faculties are substantially
				  impaired for any reason, including but not limited to use of alcohol or any
				  controlled substance.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80337 - Harassment and Retaliation Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No certificated person shall directly or indirectly use or
					 threaten to use any official authority or influence in any manner whatsoever
					 which tends to discourage, restrain, interfere with, coerce, or discriminate
					 against any subordinate or any certificated person who in good faith reports,
					 discloses, divulges, or otherwise brings to the attention of the governing
					 board of a school district, the Commission on Teacher Credentialing or any
					 other public agency authorized to take remedial action, any facts or
					 information relative to actual or suspected violation of any law regulating the
					 duties of persons serving in the public school system, including but not
					 limited to these rules of professional conduct.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No.
					 3).
Note: Authority cited: Sections
						44225(b)
						and
						44339,
						Education Code. Reference: Sections
						44345,
						44420 and
						44421,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80338 - Discrimination Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certificated person shall not, without good cause, in the
					 course and scope of his or her certificated employment and solely because of
					 race, color, creed, gender, national origin, handicapping condition or sexual
					 orientation, refuse or fail to perform certificated services for any
					 person.
1. New
					 section filed 1-4-89; operative 2-3-89 (Register 89, No.
					 3).
Note: Authority cited: Sections
						44225(b)
						and
						44339,
						Education Code. Reference: Sections
						44345,
						44420 and
						44421,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions pertain to Sections
					 80339.1 through
					 80339.6.
(a) "Commission" is the Commission on Teacher
				  Credentialing.
(b) "Committee" is
				  the Committee on Authorized Assignments.
(c) "County superintendent" means the county
				  superintendent of schools.
(d)
				  "School superintendent" means the superintendent of the local school
				  district.
(e) "Staff" refers to the
				  staff of the Commission on Teacher Credentialing.
(f) "Misassignment" refers to the assignment
				  of a certified person to a position not authorized by the credential or
				  certificate or permit or by regulations or pertinent sections of the Education
				  Code.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.1 - Membership of the Committee on Authorized Assignments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Committee shall be established by the Commission and
					 shall consist of five (5) members appointed by the Commission. Membership shall
					 include two (2) practicing school teachers, one (1) practicing school service
					 representative other than a school administrator, one (1) practicing school
					 administrator or one (1) practicing certificated human resources administrator,
					 and one (1) school board member. All members shall have experience in the area
					 of legally permissible assignment authorizations.
Members shall be appointed to serve two (2) year terms and
					 may be reappointed.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.2 - Materials to be Forwarded by the County Superintendent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notices required to be sent to the Commission under the
					 terms of Education Code section
					 44258.9(g)(3)
					 shall include all of the following:
(a) All writings which form the basis on
				  which a determination of misassignment was made;
(b) Copies of all communications sent to the
				  school superintendent informing him or her of the specific individuals in
				  misassignments, and identifying the administrators immediately responsible for
				  the misassignment;
(c) All written
				  responses submitted by the school district or school administrator in response
				  to communication described in Education Code section
				  44258.9(g)(3);
(d) All writings informing the certificated
				  employee that he or she is serving in an unauthorized position. The county
				  superintendent must advise the employee of the misassignment and of the
				  professional obligation of the individual to seek an authorized position.
				  Copies of any written response by the employee shall also be provided to the
				  Commission;
(e) Information
				  regarding the steps taken to identify for the Commission the administrator(s)
				  responsible for the misassignment;
(f) All other materials which mitigate or
				  aggravate the possible penalties or which supplement the information
				  presented.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.3 - Staff Review and Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Staff shall review the materials and information provided
					 by the county superintendent. If staff determines that the assignment is
					 authorized, this information shall be communicated, in writing, to the county
					 superintendent and the school superintendent. If staff determines that the
					 assignment is unauthorized, the school superintendent and the governing board
					 of the local school district shall be notified in writing of the staff
					 determination of misassignment and advised of the possible penalties if the
					 misassignment is not corrected. As a part of the notification, staff shall
					 offer the school superintendent the opportunity to enter into a written
					 Compliance Agreement, setting forth the remedial steps agreed to be taken in
					 order to correct the misassignment(s) and establishing a deadline for meeting
					 all of the terms of the agreement.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.4 - Referral to the Committee on Authorized Assignments and Issuance of Letter of Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to correct a misassignment following the procedures
					 set forth in section
					 80339.3 shall result in the
					 referral of the matter by staff to the Committee at the next meeting of the
					 Committee as long as it is more than 30 days from staff notification.
					 Commission files on the alleged misassignment shall be provided to the
					 Committee and the Committee shall review the information contained in the
					 record and determine if a misassignment occurred. If it decides that a
					 misassignment has occurred, the Committee shall cause a letter of
					 non-compliance to be issued to the local governing board of the subject school
					 district. This letter shall set forth the nature of the misassignment and be
					 signed by the Executive Director of the Commission and the members of the
					 Committee. This letter shall be read at the first public meeting following its
					 receipt by the presiding officer of the local governing board, and he or she
					 shall so certify to the Commission in writing that this has been
					 accomplished.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 93).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.5 - Referral to the Committee of Credentials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a misassignment has not been corrected within 30 days
					 after the letter of non-compliance has been issued, the Committee shall review
					 the matter again in order to determine whether more severe sanctions are
					 appropriate.
It shall, in appropriate cases, identify the individuals it
					 determines to be responsible for the misassignment. It shall then report its
					 findings in writing to the Committee of Credentials for further investigation
					 and consideration of adverse action against the credentials of responsible
					 certificated persons pursuant to Title 5, California Code of Regulations
					 section 80335 and other statutes and
					 regulations applicable to the jurisdiction and operation of the Committee of
					 Credentials.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 3 - Committee of Credentials › Article 3 - Rules of Conduct for Professional Educators › Section 80339.6 - Rights of Certificated Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a certificated person files a written notice pursuant
					 to Education Code section
					 44258.9(g)(2),
					 that person may request the Committee to review any determination and decision
					 by the county superintendent that an assignment is legally authorized. When a
					 certificated person employed in a county-operated school files a written notice
					 pursuant to Education Code section
					 44258.9(g)(2),
					 that person may also request the Committee to review any determination and
					 decision by the county superintendent that the assignment is legally
					 authorized. In these cases, the county superintendent, the administrators
					 immediately responsible for the misassignment, and the local governing board of
					 the subject county will be treated in the same manner as those comparable
					 individuals and bodies at the district level are treated in Title 5, California
					 Code of Regulations sections
					 80339.2 through
					 80339.6.
When a certificated person who has been notified pursuant
					 to Title 5, California Code of Regulations section
					 80339.2 that he or she is in an
					 unauthorized assignment submits to the county superintendent of schools written
					 verification of his or her effort to obtain an authorized assignment, he or she
					 shall not be subject to penalties under Title 5, California Code of Regulations
					 section 80339.5. Such verification may
					 include, but need not be limited to, copies of written requests to the
					 immediate administrator or supervisor, the district department for personnel
					 matters, and the school superintendent.
1. New
					 section filed 9-20-93; operative 10-20-93 (Register 93, No.
					 39).
Note: Authority cited: Sections
						44225 and
						44258.9(g),
						Education Code. Reference: Section
						44258.9(g),
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 4 - Procedure for Application for, Adding Authorization to, and Renewal of Credentials › Article 1 - General Provisions › Section 80400 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Chapter 4 (Sections
					 80400-80550, not consecutive) filed
					 1-11-79; effective thirtieth day thereafter (Register 79, No. 2).
2.
					 Repealer filed 3-26-81; effective thirtieth day thereafter (Register 81, No.
					 13).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Section
						44225,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 4 - Procedure for Application for, Adding Authorization to, and Renewal of Credentials › Article 1 - General Provisions › Section 80403 - Authority for Granting Credentials. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 9-23-82; effective thirtieth day thereafter (Register 82, No.
					 39).
Note: Authority cited: Section
						44225,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 4 - Procedure for Application for, Adding Authorization to, and Renewal of Credentials › Article 1 - General Provisions › Section 80406 - Methods of Securing a Credential

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A qualified applicant may secure a credential by either of
					 the following methods:
(a) Upon the
				  recommendation of a California teacher education institution approved by the
				  Commission pursuant to these regulations.
(b) Upon a direct application to the
				  Commission filed in a manner provided in Article 2 of this chapter.
1.
					 Renumbering from Section
					 80056 to Section
					 80406 and amendment filed 1-11-79;
					 effective thirtieth day thereafter (Register 79, No.
					 2).
Note: Authority cited: Section
						44225,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 4 - Procedure for Application for, Adding Authorization to, and Renewal of Credentials › Article 1 - General Provisions › Section 80409 - Qualified Applicant. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 9-23-82; effective thirtieth day thereafter (Register 82, No.
					 39).
Note: Authority cited: Section
						44225,
						Education Code. Reference: Section
						44862,
						Education Code.
California Code of Regulations › Title 5 - Education › Division 8 - Commission on Teacher Credentialing › Chapter 4 - Procedure for Application for, Adding Authorization to, and Renewal of Credentials › Article 1 - General Provisions › Section 80412 - Filing of Mailing Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every person applying for, holding, or to
				  whom is issued, a credential, shall file with the Commission his or her present
				  mailing address and shall notify the Commission in writing of any change
				  therein.
(b) Such filing of address
				  and notice of change therein shall be made in writing and delivered, or
				  forwarded by mail, postage prepaid, to the office of the Commission on Teacher
				  Credentialing.
1. Change
					 without regulatory effect amending subsection (a) and repealing subsection (b)
					 filed 7-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 31).
2. New subsection (b) and
					 amendment of NOTE filed 3-24-2005; operative 4-23-2005 (Register 2005, No.
					 12).
Note: Authority cited: Section
						44225(q),
						Education Code. Reference: Section
						44225(q),
						Education Code.