BOARD POLICY - 4112.2

The Governing Board recognizes that the District's ability to provide a high-quality educational program is dependent upon the employment of certificated staff who are adequately prepared and have demonstrated proficiency in basic skills and in the subject matter to be taught. The Superintendent or designee shall ensure that persons employed to fill positions requiring certification qualifications possess the appropriate credential, permit, or other certification document from the Commission on Teacher Credentialing (CTC) and fulfill any additional state, federal, or District requirements for the position.

(cf. 4111- Recruitment and Selection)
(cf. 4112.23 - Special Education Staff)
(cf. 4113 - Assignment)

The Superintendent or designee shall provide assistance and support to teachers holding preliminary credentials to enable them to meet the qualifications required for the clear credential.

Priorities for Hiring Based on Unavailability of Credentialed Teacher
The Superintendent or designee shall make reasonable efforts to recruit a fully prepared teacher for each assignment. Whenever a teacher with a clear or preliminary credential is not available, the Superintendent or designee shall make reasonable efforts to recruit an individual for the assignment in the following order: (Education Code 44225.7)

1. A candidate who enrolls in an approved intern program in the region of the District and possesses an intern credential.
2. A candidate who is scheduled to complete preliminary credential requirements within six months and who holds a Provisional Internship Permit (PIP) or short-term staff permit issued by the CTC.
   The Board shall approve, as an action item at a public Board meeting, a notice of its intent to employ a PIP applicant for a specific position. (5 CCR 80021.1)
3. An individual who holds an emergency permit or for whom a credential waiver has been granted by the CTC.Prior to requesting that the CTC issue an emergency permit pursuant to item 3 above or a limited assignment permit which allows a fully credentialed teacher to teach outside of his/her area of certification while working toward an added or supplementary authorization, the Board shall annually approve a Declaration of Need for Fully Qualified Educators. The Declaration of Need shall be approved by the Board as an action item at a regularly scheduled public Board meeting, with the entire Declaration of Need being included in the Board agenda. (Education Code 44225, 44225.7; 5 CCR 80023.2, 80026, 80027, 80027.1)

The Declaration of Need shall certify that there is an insufficient number of certificated persons who meet the district's specified employment criteria for the position(s) and that the District has made reasonable efforts to recruit individuals who meet the qualifications specified in items 1-2 above. The Declaration of Need shall also indicate the number and type of emergency permits that the District estimates it will need during the valid period of the Declaration of Need, based on the previous year's actual needs and projections of enrollment. Whenever the actual number of permits needed exceeds the estimate by 10 percent, the Board shall revise and resubmit the Declaration of Need. (5 CCR 80026)

Whenever it is necessary to employ noncredentialed teachers to fill a position requiring certification qualifications, the Superintendent or designee shall provide support and guidance in accordance with law to ensure the quality of the instructional program.

Parental Notifications

At the beginning of each school year, the Superintendent or designee shall notify the parents/guardians of each student attending a school receiving Title I funds that they may request information regarding the professional qualifications of their child's classroom teacher including, but not limited to, whether the teacher: (20 USC 6312)

1. Has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
2. Is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
3. Is teaching in the field of discipline of his/her certification.

Legal Reference:
EDUCATION CODE
8360-8370 Qualifications of child care personnel
32340-32341 Unlawful issuance of a credential
35186 Complaints regarding teacher vacancy or misassignment
44066 Limitations on certification requirements
44200-44399.1 Teacher credentialing, especially:
44250-44277 Credential types; minimum requirements
44300-44302 Emergency permit
44325-44328 District interns
44330-44355 Certificates and credentials
44420-44440 Revocation and suspension of credentials
44450-44468 University intern program
44830-44929 Employment of certificated persons; requirement of proficiency in basic skills
56060-56063 Substitute teachers in special education

CODE OF REGULATIONS, TITLE 5
80001-80674.6 Commission on Teacher Credentialing

UNITED STATES CODE, TITLE 20
6312 Title I local educational agency plans; notifications regarding teacher qualifications

CODE OF FEDERAL REGULATIONS, TITLE 34
200.61 Parent notification regarding teacher qualifications

COURT DECISIONS
Association of Mexican-American Educators et al. v. State of California and the Commission on Teacher Credentialing, (1993) 836 F.Supp. 1534

Management Resources:
COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS
CL-667 Basic Skills Requirement
CL-856 Provisional Internship Permit
CL 858 Short-Term Staff Permit
13-01 Hiring Hierarchy in Education Code 44225.7, Coded Correspondence, January 30, 2013
Subject Matter Authorization Guideline Book, 2012
Supplementary Authorization Guideline Book, 2012
California Standards for the Teaching Profession, 2009
The Administrator's Assignment Manual, rev. September 2007

WEB SITES
CSBA: http://www.csba.org
Commission on Teacher Credentialing: http://www.ctc.ca.gov
Commission on Teacher Credentialing, Credential Information Guide (for employers' use only): http://www.ctc.ca.gov/credentials/cig
National Board for Professional Teaching Standards: http://www.nbpts.org
U.S. Department of Education: http://www.ed.gov

Policy Adopted: March 28, 1979
Policy Revised: April 9, 1985
Policy Revised: October 4, 2016

Administrative Regulation 4112.2 Certification
Administrative Regulation 4112.23 Special Education