2005 California Education Code Sections 44300-44303 Article 5.5. Emergency Permits

44300.  (a) Commencing January 1, 1990, the commission may issue or
renew emergency teaching or specialist permits in accordance with
regulations adopted by the commission corresponding to the credential
types specified in paragraphs (1), (2), and (3) of subdivision (b)
of Section 44225, provided that all of the following conditions are
met:
   (1) The applicant possesses a baccalaureate degree conferred by a
regionally accredited institution of higher education and has
fulfilled the subject matter requirements of Section 44301.
   (2) The applicant passes the state basic skills proficiency test
as provided for in Section 44252.
   (3) The commission approves the justification for the emergency
permit submitted by the school district in which the applicant is to
be employed.  The justification shall include all of the following:
   (A) Annual documentation that the district has implemented in
policy and practices a process for conducting a diligent search that
shall include, but is not limited to, distributing job announcements,
contacting college and university placement centers, advertising in
local newspapers, exploring the incentives included in the Teaching
As A Priority Block Grant established pursuant to Section 44735,
participating in the state and regional recruitment centers
established pursuant to Sections 44751 and 90530, and participating
in job fairs in this state, but has been unable to recruit a
sufficient number of certificated teachers, including teacher
candidates pursuing full certification through internship, district
internship, or other alternative routes established by the
commission.
   (B) A declaration of need for fully qualified educators based on
the documentation set forth in subparagraph (A) and made in the form
of a motion adopted by the governing board of the district or the
county board of education at a regularly scheduled meeting of the
governing board or the county board of education.  The motion may not
be part of the consent agenda and shall be entered in the minutes of
the meeting.
   (b) The commission may deny a request for an emergency permit that
does not meet the justification set forth in subparagraph (A) of
paragraph (3) of subdivision (a).
   (c) It is the intent of the Legislature that all of the following
occur:
   (1) The commission shall issue preintern certificates in place of
emergency teaching permits as sufficient resources are made available
to school districts to provide services pursuant to Article 5.6
(commencing with Section 44305) to preinterns pursuing multiple
subject or single subject teaching credentials.
   (2) If the examination of the  Pre-Internship Teaching Program
required by this chapter demonstrates that the program should
continue because it has been successful in better preparing and
retaining preintern teachers than the emergency permit system,
sufficient resources to fully fund the Pre-Internship Teaching
Program shall be appropriated by July 2002.  For purposes of this
paragraph, two thousand dollars ($2,000) in state funding per
preintern shall be deemed to be sufficient resources.
   (3) The commission shall continue to issue emergency teaching
permits to individuals employed by school districts defined in
regulations as remote from regionally accredited institutions of
higher education.
   (d) Commencing January 1, 1990, the commission may issue and
reissue emergency permits corresponding to the credential types
specified in paragraph (4) of subdivision (b) of Section 44225.  The
commission shall establish appropriate standards for each type of
emergency permit specified in paragraph (4) of subdivision (b) of
Section 44225.
   (e) The exclusive representative of certificated employees, if
any, as provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, may submit a written
statement to the commission agreeing or disagreeing with the
justification submitted to the commission pursuant to paragraph (3)
of subdivision (a).
   (f) Commencing January 1, 1990, a person holding an emergency
teaching or specialist permit shall attend an orientation to the
curriculum and to techniques of instruction and classroom management,
and shall teach only with the assistance and guidance of a
certificated employee of the district who has completed at least
three years of full-time teaching experience, or the equivalent
thereof.  It is the intent of the Legislature to encourage districts
to provide directed teaching experience to new emergency
permitholders with no prior teaching experience.
   (g) The holder of an emergency permit shall participate in ongoing
training, coursework, or seminars designed to prepare the individual
to become a fully credentialed teacher or other educator in the
subject area or areas in which he or she is assigned to teach or
serve.  The employing agency shall verify that employees applying to
renew their emergency permits are meeting these ongoing training
requirements.
   (h) Emergency permits for pupil personnel services shall not be
valid for the purpose of determining pupil eligibility for placement
in any special education class or program.
   (i) This section shall not apply to the issuance of an emergency
substitute teaching permit, or of an emergency permit to a teacher
who has consented to teach temporarily outside of his or her field of
certification, for which the commission shall establish minimum
requirements.
44301.  (a) Any person who does not hold a valid California teaching
credential that requires a baccalaureate degree shall be required to
pass the appropriate subject matter competency examination or
examinations, as determined by the commission, before he or she may
be initially issued an emergency multiple- or single-subject teaching
permit, except an emergency substitute teaching permit, authorizing
him or her to teach a subject that is specified by the commission.
   (b) The commission may issue an emergency multiple- or
single-subject teaching permit to an applicant who has not taken the
appropriate subject matter competency test, provided the employing
agency certifies all of the following to the commission:
   (1) The applicant has not had the opportunity to take the test.
   (2) The applicant shall take the appropriate subject matter
competency test at its next regularly scheduled administration.
   (3) The employing agency shall discontinue employment of the
person eight weeks after the date on which the test is administered
if he or she does not give the employing agency evidence of having
passed the required subject matter competency test on that date.
   (c) The emergency teaching permit issued pursuant to subdivision
(b) shall expire on the next regular expiration date for emergency
permits, or on a date that is eight weeks after the date on which the
required subject matter competency test was administered, whichever
date comes first.
   (d) The commission shall waive the requirements of this section
for each applicant for each of the following:
   (1) An emergency single-subject teaching permit, if the applicant
has successfully completed at least 18 semester units, or nine
semester units of upper division or graduate coursework, at a
regionally accredited institution of postsecondary education, in the
subject area to be taught.
   (2) An emergency multiple-subjects permit, if the applicant has
successfully completed at least 40 semester units, or the equivalent,
at a regionally accredited institution of postsecondary education,
in the subjects that are commonly taught in elementary schools, as
determined by the commission.
44302.  The Commission on Teacher Credentialing shall regularly
notify local education agencies of the various provisions in current
law that allow the assignment of personnel when a fully qualified
teacher is not available and a substitute has served for the maximum
days permitted by law, including emergency permits under Section
44300, long-term and short-term waivers under subdivision (m) of
Section 44225, pre-intern certificates under Section 44305, and
intern permits under Sections 44235, 44250, and 44464.  When
fulfilling the notification requirements of this section, the
commission shall utilize a variety of approaches, including, but not
limited to, correspondence, annual workshops for credential analysts,
a credential handbook, a waiver handbook, the commission website,
and special telephone, fax, and e-mail lines for school districts and
county offices of education.  Additionally, the commission shall
provide local education agencies with information about waiver
requests including specific timelines, key steps, and appeal rights.
44303.  (a) From funds appropriated for that purpose, the Commission
on Teacher Credentialing shall allocate funds to the Los Angeles
Unified School District for purposes of implementing a pilot program
as set forth in this section.
   (b) From funds allocated to it for purposes of this section, the
Los Angeles Unified School District may develop a 30-day training
program for the teachers it hires on an emergency basis who will be
assigned to schools that have 20 percent or more teachers on
emergency permits.  The training shall be delivered before a teacher
hired on an emergency basis begins teaching.  A teacher participating
in this training shall spend half of the training period observing
experienced fully credentialed teachers in a classroom of the same
grade level as the teacher being trained.
   (c) To be eligible to receive funds pursuant to this section, the
Los Angeles Unified School District shall demonstrate to the
satisfaction of the commission that there currently exists a shortage
of fully and appropriately credentialed teachers in the district and
that the program developed by the district will train the teachers
it hires on an emergency basis to become effective classroom
teachers.
   (d) For purposes of this section, "experienced fully credentialed
teacher" means a teacher who holds a clear credential for the subject
matter and grade level to which the teacher is assigned and has
three years of teaching experience.
   (e) The Commission on Teacher Credentialing shall implement this
section only to the extent that funds are specifically appropriated
for the purposes of this section in the annual Budget Act or any
other measure.
  (f) This section shall remain in effect only until January 1, 2007,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2007, deletes or extends that date.