APPOINTMENT AND CONDITIONS OF EMPLOYMENT

ADMINISTRATIVE REGULATION - 4112

Upon recommendation from the Superintendent or designee, the Governing Board shall approve the appointment of all certificated personnel. The position shall be reported to the Board at a regular meeting. (cf. 4111/4211/4311 - Recruitment and Selection)

Individuals appointed to the certificated staff shall:

  1. Possess the appropriate certification qualifications and register the certification document in accordance with law and Board policy (Education Code 44250-44279, 44330) (cf. 4112.2 - Certification)
  2. Demonstrate proficiency in basic skills as required by law and Board policy (Education Code 44252.5, 44830)
  3. When required by the federal No Child Left Behind Act for teachers of core academic subjects, possess the qualifications of "highly qualified" teachers as defined in law, Board policy and administrative regulations (20 USC 6319) (cf. 6171 - Title I Programs)
  4. Submit to fingerprinting as required by law (Education Code 44830.1)
  5. Not have been convicted of a violent or serious felony as defined in Penal Code 667.5 or 1192.7, unless the individual has received a certificate of rehabilitation and pardon (Education Code 44830.1) (cf. 4112.5/4312.5 - Criminal Record Check)
  6. Not have been convicted of any sex offense as defined in Education Code 44010 (Education Code 44836)
  7. Not have been required to register as a sex offender pursuant to Penal Code 290 because of a conviction for a crime where the victim was a minor under the age of 16  (Penal Code 290.95)
  8. Not have been determined to be a sexual psychopath pursuant to Welfare and Institutions Code 6300-6332 (Education Code 44837)
  9. Not have been convicted of any controlled substance offense as defined in Education Code 44011 (Education Code 44836)
  10. Submit to a physical examination, tuberculosis testing and/or provide a medical certificate as required by law and Board policy (Education Code 44839, 49406)
  11. Furnish a statement of military service and, if any was rendered, a copy of the discharge or release from service or, if no such document is available, other suitable evidence of the termination of service (Education Code 44838)
  12. File the oath or affirmation of allegiance required by Government Code 3100-3109
  13. Fulfill any other requirements as specified by law, collective bargaining agreement, Board policy or administrative regulation
  14. Legal Reference:

EDUCATION CODE
35161  Powers and duties
44008  Effect of termination of probation
44009 Conviction of specified crimes; definitions
44010  Sex offense
44011  Controlled substance offense
44066  Limitation on certification requirements
44250-44277  Credential types
44330  Effect of registration of certification document
44830.1  Felons; certificated positions; criminal record summary; fingerprints
44836 Employment of person convicted of sex offenses or controlled substance offenses
44837  Employment of sexual sociopath
44838  Statement of military service
44839  Medical certificate
44839.5  Medical certificate for retirant
49406  Examination for tuberculosis

GOVERNMENT CODE
3100-3109  Oaths or affirmations of allegiance for disaster service workers and public employees
12940-12950  Unlawful employment practices

PENAL CODE
290  Registration of sex offenders
290.95  Disclosure by persons required to register as sex offenders
667.5 Prior prison terms, enhancement of prison terms
1192.7 Plea bargaining limitation

WELFARE AND INSTITUTIONS CODE
6300-6332 Sexual psychopaths

CODE OF REGULATIONS, TITLE 5
6100-6125 Teacher qualifications, No Child Left Behind Act

UNITED STATES CODE, TITLE 20
6319 Highly qualified teachers
7801 Definitions, highly qualified teacher
CODE OF FEDERAL REGULATIONS, TITLE 34
200.55-200.57 Highly qualified teachers

February 17, 2015