2009 California Education Code - Section 44830-44929 :: Article 2. Employment

44830.  (a) The governing board of a school district shall employ
for positions requiring certification qualifications, only persons
who possess the qualifications for those positions prescribed by law.
It is contrary to the public policy of this state for a person or
persons charged, by the governing boards, with the responsibility of
recommending persons for employment by the boards to refuse or to
fail to do so for reasons of race, color, religious creed, sex, or
national origin of the applicants for that employment.
   (b) The governing board of a school district shall not initially
hire on a permanent, temporary, or substitute basis a certificated
person seeking employment in the capacity designated in his or her
credential unless that person has demonstrated basic skills
proficiency as provided in Section 44252.5 or is exempted from the
requirement by subdivision (c), (d), (e), (f), (g), (h), (i), (j), or
(k).
   (1) The governing board of a school district, with the
authorization of the Commission on Teacher Credentialing, may
administer the state basic skills proficiency test required under
Sections 44252 and 44252.5.
   (2) The Superintendent, in conjunction with the commission and
local governing boards, shall take steps necessary to ensure the
effective implementation of this subdivision.
   It is the intent of the Legislature that in effectively
implementing this subdivision, the governing boards of school
districts shall direct superintendents of schools to prepare for
emergencies by developing a pool of qualified emergency substitute
teachers. This preparation shall include public notice of the test
requirements and of the dates and locations of administrations of the
tests. The governing board of a school district shall make special
efforts to encourage individuals who are known to be qualified in
other respects as substitutes to take the state basic skills
proficiency test at its earliest administration.
   (3) Demonstration of proficiency in reading, writing, and
mathematics by a person pursuant to Section 44252 satisfies the
requirements of this subdivision.
   (c) A certificated person is not required to take the state basic
skills proficiency examination if he or she has taken and passed it
at least once, achieved a passing score on any of the tests specified
in subdivision (b) of Section 44252, or possessed a credential
before the enactment of the statute that made the test a requirement.
   (d) This section does not require a person employed solely for
purposes of teaching adults in an apprenticeship program, approved by
the Apprenticeship Standards Division of the Department of
Industrial Relations, to pass the state proficiency assessment
instrument as a condition of employment.
   (e) This section does not require the holder of a child care
permit or a permit authorizing service in a development center for
the handicapped to take the state basic skills proficiency test, so
long as the holder of the permit is not required to have a
baccalaureate degree.
   (f) This section does not require the holder of a credential
issued by the commission who seeks an additional credential or
authorization to teach, to take the state basic skills proficiency
test.
   (g) This section does not require the holder of a credential to
provide service in the health profession to take the state basic
skills proficiency test if that person does not teach in the public
schools.
    (h) This section does not require the holder of a designated
subjects special subjects credential to pass the state basic skills
proficiency test as a condition of employment unless the requirements
for the specific credential require the possession of a
baccalaureate degree. The governing board of each school district, or
each governing board of a consortium of school districts, or each
governing board involved in a joint powers agreement, which employs
the holder of a designated subjects special subjects credential shall
establish its own basic skills proficiency for these credentials and
shall arrange for those individuals to be assessed. The basic skills
proficiency criteria established by the governing board shall be at
least equivalent to the test required by the district, or in the case
of a consortium or a joint powers agreement, by any of the
participating districts, for graduation from high school. The
governing board or boards may charge a fee to individuals being
tested to cover the costs of the test, including the costs of
developing, administering, and grading the test.
   (i) This section does not require the holder of a preliminary or
clear designated subjects career technical education teaching
credential to pass the state basic skills proficiency test.
   (j) This section does not require certificated personnel employed
under a foreign exchange program to take the state basic skills
proficiency test. The maximum period of exemption under this
subdivision shall be one year.
    (k) Notwithstanding any other law, a school district or county
office of education may hire certificated personnel who have not
taken the state basic skills proficiency test if that person has not
yet been afforded the opportunity to take the test. The person shall
take the test at the earliest opportunity and may remain employed by
the school district pending the receipt of his or her test results.

44830.1.  (a) In addition to any other prohibition or provision, no
person who has been convicted of a violent or serious felony shall be
hired by a school district in a position requiring certification
qualifications or supervising positions requiring certification
qualifications. A school district shall not retain in employment a
current certificated employee who has been convicted of a violent or
serious felony, and who is a temporary employee, a substitute
employee, or a probationary employee serving before March 15 of the
employee's second probationary year. If any conviction is reversed
and the formerly convicted person is acquitted of the offense in a
new trial, or the charges are dismissed, this section does not
prohibit his or her employment thereafter.
   (b) This section applies to any violent or serious offense which,
if committed in this state, would have been punishable as a violent
or serious felony.
   (c) (1) For purposes of this section, a violent felony is any
felony listed in subdivision (c) of Section 667.5 of the Penal Code
and a serious felony is any felony listed in subdivision (c) of
Section 1192.7 of the Penal Code.
   (2) For purposes of this section, a plea of nolo contendere to a
serious or violent felony constitutes a conviction.
   (3) For purposes of this section, the term "school district" has
the same meaning as defined in Section 41302.5.
   (d) When the governing board of any school district requests a
criminal record summary of a temporary, substitute, or probationary
certificated employee, two fingerprint cards, bearing the legible
rolled and flat impressions of the person's fingerprints together
with a personal description and the fee, shall be submitted, by any
means authorized by the Department of Justice, to the Department of
Justice.
   (e) When the Department of Justice ascertains that an individual
who is an applicant for employment by a school district has been
convicted of a violent or serious felony, or for purposes of
implementing the prohibitions set forth in Section 44836, any sex
offense, as defined in Section 44010, or any controlled substance
offense, as defined in Section 44011, the department shall notify the
school district of the criminal information pertaining to the
applicant. The notification shall be delivered by telephone or
electronic mail to the school district. The notification to the
school district shall cease to be made once the statewide electronic
fingerprinting network is returning responses within three working
days. The Department of Justice shall send by first-class mail or
electronic mail a copy of the criminal information to the Commission
on Teacher Credentialing. The Department of Justice may charge a
reasonable fee to cover the costs associated with processing,
reviewing, and supplying the criminal record summary required by this
section. In no event shall the fee exceed the actual costs incurred
by the department.
   (f) Notwithstanding subdivision (a), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a violent or serious felony if the
person has obtained a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6
of Part 3 of the Penal Code.
   (g) Notwithstanding subdivision (f), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a serious felony that is not also a
violent felony if that person can prove to the sentencing court of
the offense in question, by clear and convincing evidence, that he or
she has been rehabilitated for the purposes of school employment for
at least one year. If the offense in question occurred outside this
state, then the person may seek a finding of rehabilitation from the
court in the school district in which he or she is a resident.
   (h) Notwithstanding any other provision of law, when the
Department of Justice notifies a school district by telephone or
electronic mail that a current temporary employee, substitute
employee, or probationary employee serving before March 15 of the
employee's second probationary year, has been convicted of a violent
or serious felony, that employee shall immediately be placed on leave
without pay. When the school district receives written electronic
notification of the fact of conviction from the Department of
Justice, the employee shall be terminated automatically and without
regard to any other procedure for termination specified in this code
or school district procedures unless the employee challenges the
record of the Department of Justice and the Department of Justice
withdraws in writing its notification to the school district. Upon
receipt of written withdrawal of notification from the Department of
Justice, the employee shall immediately be reinstated with full
restoration of salary and benefits for the period of time from the
suspension without pay to the reinstatement.
   (i) An employer shall request subsequent arrest service from the
Department of Justice as provided under Section 11105.2 of the Penal
Code.
   (j) Notwithstanding Section 47610, this section applies to a
charter school.
   (k) This section shall not apply to a certificated employee who
applies to renew his or her credential when both of the following
conditions have been met:
   (1) The employee's original application for credential was
accompanied by that person's fingerprints.
   (2) The employee has either been continuously employed in one or
more public school districts since the issuance or last renewal of
his or her credential or his or her credential has not expired
between renewals.
   (l) Nothing in this section shall prohibit a county superintendent
of schools from issuing a temporary certificate to any person
described in paragraph (1) or (2) of subdivision (k).
   (m) This section shall not prohibit a school district from hiring
a certificated employee who became a permanent employee of another
school district as of October 1, 1997.
   (n) All information obtained from the Department of Justice is
confidential. Every agency handling Department of Justice information
shall ensure the following:
   (1) No recipient may disclose its contents or provide copies of
information.
   (2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
   (3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
   (4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
700 through 708 inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and
security of criminal offender record information is the
responsibility of the entity receiving the information from the
Department of Justice.

44830.2.  (a) For situations in which a person is an applicant for
employment, or is employed on a part-time or substitute basis, in a
position requiring certification qualifications in multiple school
districts within a county or within contiguous counties, the
districts may agree among themselves to designate a single district,
or a county superintendent may agree to act on behalf of
participating districts within the county or contiguous counties, for
the purposes of performing the following functions:
   (1) Sending fingerprints to the Department of Justice.
   (2) Receiving reports of convictions of serious and violent
felonies.
   (3) Reviewing criminal history records and reports of subsequent
arrests from the Department of Justice.
   (4) Maintaining common lists of persons eligible for employment.
   (b) The school district or county superintendent serving in the
capacity authorized in subdivision (a) shall be considered the
employer for purposes of subdivisions (a), (d), and (g) of Section
44830.1.
   (c) Upon receipt from the Department of Justice of a report of
conviction of a serious or violent felony, the designated school
district or county superintendent shall communicate that fact to the
participating districts and remove the affected employee from the
common list of persons eligible for employment.
   (d) Upon receipt from the Department of Justice of a criminal
history record or report of subsequent arrest for any person on a
common list of persons eligible for employment, the designated school
district or county superintendent shall give notice to the
superintendent of any participating district or a person designated
in writing by that superintendent, that the report is available for
inspection on a confidential basis by the superintendent or
authorized designee, at the office of the designated school district
or county superintendent, for a period of 30 days following receipt
of notice, to enable the employing school district to determine
whether the employee meets that district's criteria for continued
employment. The designated school district or county superintendent
shall not release a copy of that information to any participating
district or any other person, shall retain or dispose of the
information in the manner required by law after all participating
districts have had an opportunity to inspect it in accordance with
this section, and shall maintain a record of all persons to whom the
information has been shown that shall be available to the Department
of Justice to monitor compliance with the requirements of
confidentiality contained in this section.
   (e) Any agency processing Department of Justice responses pursuant
to this section shall submit an interagency agreement to the
Department of Justice to establish authorization to submit and
receive information pursuant to this section.
   (f) All information obtained from the Department of Justice is
confidential. Every agency handling Department of Justice information
shall ensure the following:
   (1) No recipient may disclose its contents or provide copies of
information.
   (2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
   (3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
   (4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
700 through 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and
security of criminal offender record information is the
responsibility of the entity receiving the information from the
Department of Justice.

44830.3.  (a) The governing board of any school district that
maintains prekindergarten, kindergarten, or any of grades 1 to 12,
inclusive, classes in bilingual education, or special education
programs, may, in consultation with an accredited institution of
higher education offering an approved program of pedagogical teacher
preparation, employ persons authorized by the Commission on Teacher
Credentialing to provide service as district interns to provide
instruction to pupils in those grades or classes as a classroom
teacher. The governing board shall require that each district intern
be assisted and guided by a certificated employee selected through a
competitive process adopted by the governing board after consultation
with the exclusive teacher representative unit or by personnel
employed by institutions of higher education to supervise student
teachers. These certificated employees shall possess valid
certification at the same level, or of the same type of credential,
as the district interns they serve.
   (b) The governing board of each school district employing district
interns shall develop and implement a professional development plan
for district interns in consultation with an accredited institution
of higher education offering an approved program of pedagogical
preparation. The professional development plan shall include all of
the following:
   (1) Provisions for an annual evaluation of the district intern.
   (2) As the governing board determines necessary, a description of
courses to be completed by the district intern, if any, and a plan
for the completion of preservice or other clinical training, if any,
including student teaching.
   (3) Mandatory preservice training for district interns tailored to
the grade level or class to be taught, through either of the
following options:
   (A) One hundred twenty clock hours of preservice training and
orientation in the aspects of child development, classroom
organization and management, pedagogy, and methods of teaching the
subject field or fields in which the district intern will be
assigned, which training and orientation period shall be under the
direct supervision of an experienced permanent teacher. In addition,
persons holding district intern certificates issued by the commission
pursuant to Section 44325 shall receive orientation in methods of
teaching pupils with disabilities. At the conclusion of the
preservice training period, the permanent teacher shall provide the
district with information regarding the area that should be
emphasized in the future training of the district intern.
   (B) The successful completion, prior to service by the intern in
any classroom, of six semester units of coursework from a regionally
accredited college or university, designed in cooperation with the
school district to provide instruction and orientation in the aspects
of child development and the methods of teaching the subject matter
or matters in which the district intern will be assigned.
   (4) Instruction in child development and the methods of teaching
during the first semester of service for district interns teaching in
prekindergarten, kindergarten, or any of grades 1 to 6, inclusive,
including bilingual education classes and special education programs.
   (5) Instruction in the culture and methods of teaching bilingual
pupils during the first year of service for district interns teaching
pupils in bilingual classes and, for persons holding district intern
certificates issued by the commission pursuant to Section 44325,
instruction in the etiology and methods of teaching pupils with
disabilities.
   (6) Any other criteria that may be required by the governing
board.
   (7) In addition to the requirements set forth in paragraphs (1) to
(6), inclusive, the professional development plan for district
interns teaching in special education programs shall also include 120
clock hours of mandatory training and supervised fieldwork that
shall include, but not be limited to, instructional practices, and
the procedures and pedagogy of both general education programs and
special education programs that teach pupils with disabilities.
   (8) In addition to the requirements set forth in paragraphs (1) to
(6), inclusive, the professional development plan for district
interns teaching bilingual classes shall also include 120 clock hours
of mandatory training and orientation, which shall include, but not
be limited to, instruction in subject matter relating to
bilingual-crosscultural language and academic development.
   (9) The professional development plan for district interns
teaching in special education programs shall be based on the
standards adopted by the commission as provided in subdivision (a) of
Section 44327.
   (c) Each district intern and each district teacher assigned to
supervise the district intern during the preservice period shall be
compensated for the preservice period required pursuant to
subparagraph (A) or (B) of paragraph (3) of subdivision (b). The
compensation shall be that which is normally provided by each
district for staff development or in-service activity.
   (d) Upon completion of service sufficient to meet program
standards and performance assessments, the governing board may
recommend to the Commission on Teacher Credentialing that the
district intern be credentialed in the manner prescribed by Section
44328.

44830.5.  The Legislature hereby declares that it is contrary to the
interests of this state and the people thereof for the governing
board of any school district to adhere to a strict ethnic ratio in
the assignment of certificated employees of the district.

44830.7.  Every contract for employment for a position requiring
certification qualifications between a school district governing
board and a person who possesses certification qualifications from
another state shall provide that employment shall terminate upon
notice by the Commission on Teacher Credentialing to the district and
the employee, that the employee does not have the necessary
qualifications for the credential required by law for the position
for which the service was rendered.

44831.  The governing board of a school district shall employ
persons in public school service requiring certification
qualifications as provided in this code, except that the governing
board or a county office of education may contract with or employ an
individual who holds a license issued by the Speech-Language
Pathology and Audiology Board and has earned a masters degree in
communication disorders to provide speech and language services if
that individual meets the requirements of Section 44332.6 before
employment or execution of the contract.

44832.  (a) Notwithstanding Section 44842, and except for employees
who are notified pursuant to Section 44955, each classroom teacher
shall, by May 15 of each year, inform the employing school district
whether he or she intends to return to a teaching position for the
following school year.
   (b) The school district and the exclusive bargaining
representative may agree to include provisions regarding the
requirements of subdivision (a) in any collective bargaining
agreement applying to classroom teachers.
   (c) This section shall apply only to teachers in school districts
having an average daily attendance of less than 2,500.

44833.  Notwithstanding the provisions of Sections 44001, 44830,
44831, or any other provision of law, a noncertificated student
enrolled in any public or private college or university in California
may be permitted by the governing board of a school district
maintaining any of grades 1 through 8, to serve in elementary schools
or child care centers as a nonteaching aide under the following
conditions:
   (a) Such service by the student is based upon a program for the
part-time employment of students established by the college or
university under those provisions of the federal statute cited as the
Economic Opportunity Act of 1964 (Public Law 452, of the 88th
Congress), and acts amendatory thereof, which provide for federal
financial grants for work-study programs.
   (b) The compensation being received by the student for such
services is provided, at least in part, by grants made to the college
or university by the government of the United States for a program
of the type specified in subdivision (a).
   (c) The student has been determined under procedures established
by the Department of Education to be free of any disability of person
or character (other than in professional competency) which would
prohibit the issuance to him of any credential or certification
document provided for under this code if he were otherwise qualified
therefor.

44834.  (a) Notwithstanding any other provision of law, on and after
the effective date of this section the governing board of a school
district may employ an individual in any administrative or
supervisory position, irrespective of whether or not that person
holds any supervisory or administrative credential if he or she meets
all of the following criteria:
   (1) He or she holds a valid teaching credential.
   (2) He or she has completed 15 years service as a teacher, as
defined in Section 41011, including 10 years of teaching service in
the employ of the district which appoints him or her to an
administrative or supervisory position.
   (3) The last 10 years of service immediately preceding his or her
appointment to an administrative or supervisory position were as a
teacher of the natural sciences, the social sciences (other than
education or educational methodology), the humanities, mathematics,
and the fine arts.
   (b) Commencing January 1, 1991, subdivision (a) shall apply only
to persons who were employed by the governing board of a school
district in a supervisory or administrative position on or before
January 1, 1991, pursuant to the requirements of this section as it
read on December 31, 1990.

44834.1.  On or before June 30, 1991, the Commission on Teacher
Credentialing shall adopt criteria to exempt from the requirement of
obtaining an administrative services credential those certificated
employees who participate in innovative programs of school
organization that may be developed by the certificated personnel,
including, but not limited to, administrators and teachers of a
school district. Any exemption granted by the commission under this
section shall be valid only in the school district for which the
exemption has been approved.
   It is the intent of the Legislature that institutions of higher
education be encouraged to actively participate in partnerships with
the local governing boards of school districts, school district
administrators, teachers, and other certificated personnel in the
development and implementation of innovative programs of school
organization.

44834.2.  It is the intent of the Legislature that the minimum
requirements for the administrative services credential prescribed by
Sections 44270 and 44270.1 include an integration of theoretical
knowledge and the demonstration of skills. It is further the intent
of the Legislature that the minimum requirements for the
administrative services credential reflect an appropriate balance of
coursework, supervised fieldwork, and related experiences designed to
contribute to the development and improvement of the educational
leadership skills necessary to perform the duties of a school
administrator.

44835.  A student providing services in elementary schools or child
development facilities as a nonteaching aide shall perform no
instructional work; but shall, under the immediate supervision and
direction of a certificated employee, perform noninstructional work
which serves to assist certificated personnel in performance of
teaching and administrative responsibilities.

44836.  (a) (1) The governing board of a school district shall not
employ or retain in employment persons in public school service who
have been convicted, or who have been convicted following a plea of
nolo contendere to charges, of any sex offense as defined in Section
44010.
   (2) If a person's conviction of a sex offense as defined in
Section 44010 is reversed and the person is acquitted of the offense
in a new trial or the charges against him or her are dismissed, this
section does not prohibit his or her employment thereafter. If the
dismissal was pursuant to Section 1203.4 of the Penal Code and the
victim of the sex offense was a minor, this section does prohibit the
person's employment.
   (b) (1) The governing board of a school district also shall not
employ or retain in employment persons in public school service who
have been convicted of any controlled substance offense as defined in
Section 44011.
   (2) If a person's conviction for a controlled substance offense as
defined in Section 44011 is reversed and the person is acquitted of
the offense in a new trial or the charges against him or her are
dismissed, this section does not prohibit his or her employment
thereafter.
   (c) Notwithstanding subdivision (b), the governing board of a
school district may employ a person convicted of a controlled
substance offense in a position requiring certification
qualifications if that person holds an appropriate credential issued
by the Commission on Teacher Credentialing.

44837.  Governing boards of school districts shall not employ or
retain in employment any person in public school service who has been
determined to be a sexual psychopath under the provisions of Article
1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of
the Welfare and Institutions Code or under similar provisions of law
of any other state. If, however, such determination is reversed and
the person is determined not to be a sexual psychopath in a new
proceeding or the proceeding to determine whether he is a sexual
psychopath is dismissed, this section does not prohibit his
employment thereafter.

44838.  The governing board of a school district shall, as a
condition to employment, require an applicant for a position
requiring certification qualification to furnish a statement of the
military service of the applicant and, if any was rendered, a copy of
the discharge or release from service. If no such document is
available, the governing board may accept other suitable evidence of
the conditions under which the military service of the applicant was
terminated.

44839.  (a) When a school district or a county superintendent of
schools wishes to employ a person in a position requiring
certification qualifications and that person has not previously been
employed in a position requiring certification qualifications in this
state, the district or county superintendent shall require a medical
certificate in such form as shall be prescribed by the state board
showing that the applicant is free from any disabling disease
unfitting the applicant to instruct or associate with children. The
medical certificate shall be submitted directly to the governing
board or county superintendent by a physician and surgeon licensed
under the Business and Professions Code, a physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code, a licensed
advanced practice registered nurse acting pursuant to standardized
procedures and protocols in compliance with Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions
Code, or a commissioned medical officer exempted from licensure
pursuant to federal law. The medical examination shall have been
conducted not more than six months before the submission of the
certificate and shall be at the expense of the applicant. A governing
board or county superintendent may offer a contract of employment to
an applicant subject to the submission of the required medical
certificate. Notwithstanding Section 44031, the medical certificate
shall become a part of the personnel record of the employee and shall
be open to the employee or his or her designee.
   (b) The governing board of a school district or a county
superintendent of schools may require certificated employees to
undergo a periodic medical examination by a physician and surgeon
licensed under the Business and Professions Code, a physician
assistant practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code, a
licensed advanced practice registered nurse acting pursuant to
standardized procedures and protocols in compliance with Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code, or a commissioned medical officer exempted from
licensure pursuant to federal law, to determine that the employee is
free from any communicable disease unfitting the applicant to
instruct or associate with children. The periodic medical examination
shall be at the expense of the school district or county
superintendent. The medical certificate shall become a part of the
personnel record of the employee and shall be open to the employee or
his or her designee.
   (c) The state board shall adopt rules and regulations relating to
the implementation and administration of this section.

44839.5.  (a) When a school district or county superintendent of
schools wishes to employ a retirant who is retired for service, and
such person has not been previously employed as a retirant, such
district or county superintendent shall require, as a condition of
initial employment as a retirant, a medical certificate in such form
as shall be prescribed by the state board showing that the retirant
is free from any disabling disease unfitting him or her to instruct
or associate with children. The medical certificate shall be
completed and submitted directly to the school district or county
superintendent by a physician and surgeon licensed under the Business
and Professions Code, a physician assistant practicing in compliance
with Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code, a licensed advanced practice
registered nurse acting pursuant to standardized procedures and
protocols in compliance with Chapter 6 (commencing with Section 2700)
of Division 2 of the Business and Professions Code, or a
commissioned medical officer exempted from licensure pursuant to
federal law. A medical examination as prescribed by the State Board
of Education shall be required for the completion of the medical
certificate. Such examination shall be conducted not more than six
months before the completion and submission of the certificate and
shall be at the expense of the retirant. Notwithstanding Section
44031, the medical certificate shall become a part of the personnel
record of the employee and shall be open to the employee or his or
her designee.
   (b) The school district or county superintendent of schools which
initially employed the retirant, or any school district or county
superintendent which subsequently employs the retirant, may require a
periodic medical examination by a physician and surgeon licensed
under the Business and Professions Code, a physician assistant
practicing in compliance with Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code, a licensed
advanced practice registered nurse acting pursuant to standardized
procedures and protocols in compliance with Chapter 6 (commencing
with Section 2700) of Division 2 of the Business and Professions
Code, or a commissioned medical officer exempted from licensure
pursuant to federal law, to determine that the retirant is free from
any communicable disease unfitting him or her to instruct or
associate with children. The periodic medical examination shall be at
the expense of the school district or county superintendent. The
medical certificate shall become a part of the personnel record of
the retirant and shall be open to the retirant or his or her
designee.
   (c) The state board shall adopt rules and regulations relating to
the implementation and administration of this section.

44840.  Persons in positions requiring certification qualifications
may be elected for the next ensuing school year on and after the 15th
day of March, and each person so elected shall be deemed reelected
from year to year except as provided in Section 35043, Sections 44221
to 44227, inclusive, Sections 44831 to 44891, inclusive, Sections
44893 to 44900, inclusive, Sections 44901 to 44906, inclusive, and
Sections 44908 to 44919, inclusive.
   At any time after the 31st day of December, any person not then
employed in the school district may be elected for the next ensuing
school year to a position requiring certification qualifications.

44842.  (a) Except as set forth in subdivision (b), if, without good
cause, a probationary or permanent employee of a school district
fails prior to July 1 of any school year to notify the governing
board of the district of his or her intention to remain or not to
remain in the service of the district, as the case may be, during the
ensuing school year if a request to give such notice, including a
copy of this section, shall have been personally served upon the
employee, or mailed to him or her by United States certified mail
with return receipt requested to his or her last known place of
address, by the clerk or secretary of the governing board of the
school district, not later than the preceding May 30, the employee
may be deemed to have declined employment and his or her services as
an employee of the district may be terminated on June 30 of that
year.
   (b) (1) In the case of an employee of a year-round school serving
in a track that starts within 14 days of July 1, and serves in a
position requiring certification qualifications, if the school
district has, by April 30, requested that the employee notify the
school district by June 1, of that year of his or her intention to
remain or not to remain in the service of the school district for the
following school year, and the employee, without good cause, fails
to provide that notice, the school district may deem the employee to
have declined employment and may terminate his or her services as an
employee of the school district on June 30 of that year. An employee
who gives notice of resignation pursuant to this paragraph after May
31, but before June 30, shall be released from his or her contract
within 30 days of the employee's notice, or as soon as a replacement
employee is obtained, whichever occurs first.
   (2) The request for notice sent to the employee by the school
district pursuant to this subdivision shall be in writing and shall,
along with a copy of this section, be either personally served upon
the employee, or mailed to him or her by United States certified mail
with return receipt requested to his or her last known address, by
the clerk or secretary of the governing board of the school district.
   (c) If, without good cause, a probationary or permanent employee
of a school district fails to report for duty at the beginning of the
ensuing school year after having notified the governing board of the
district of his or her intention to remain in the service of the
district in accordance with the procedures specified above, the
employee may be deemed to have declined employment and his or her
services as an employee of the district may be terminated on the day
following the 20th consecutive day of absence. No school district may
terminate any employee pursuant to this subdivision unless the
district has specifically notified the employee, at least five days
in advance, of the time and place at which the employee was to report
to work, and the employee did not request or was not granted a leave
of absence authorized by the governing board of the district.
   This subdivision is applicable only to employees who were on leave
of absence for 20 or more consecutive working days after April 30 of
the previous school year.

44843.  The county superintendent of schools shall be given
immediate notice in writing by the governing board of the district of
the employment of persons for positions requiring certification
qualifications. The notice shall include but not be limited to such
data as may be prescribed by the Superintendent of Public
Instruction, in regulations he is herewith authorized to adopt.

44844.  Except as otherwise provided in Sections 44831 to 44855,
inclusive, every probationary or permanent employee employed before
July 1, 1947, shall be deemed to have been employed on the date upon
which he first accepted employment in a probationary position.

44845.  Every probationary or permanent employee employed after June
30, 1947, shall be deemed to have been employed on the date upon
which he first rendered paid service in a probationary position.

44846.  The following general provisions shall apply regardless of
date of employment:
   As between two or more employees who first rendered paid service
to the district on the same date, and who, following the termination
of services, have a statutory preference to reappointment in the
order of original employment, the governing board shall determine the
order of reemployment solely on the basis of the needs of the
district and the students thereof. Any terminated employee subject to
the conditions of this section shall, upon request, be furnished in
writing, no later than 15 days following such request, the reasons
and basis of the needs of the district and the students thereof
utilized by the governing board in determining which employee or
employees shall be reappointed. This requirement that the governing
board provide, on request, a written statement of reasons for
determining the order of reappointment shall not be interpreted to
give affected employees any legal right or interest that would not
exist without such a requirement.
   Records showing date of employment, whether kept by the district
or by the county, shall be accessible, on demand, to any certificated
employee of the district or to his designated representative.
   In the absence of records as to any of the matters referred to in
the two preceding sections, the governing board, in accordance with
evidence presented, shall determine the order of employment after
giving employees a reasonable opportunity to present such evidence.
   The order of employment in all districts, when required, shall be
determined as prescribed by Sections 44830 to 44855, inclusive.
   The governing board shall have power and it shall be its duty to
correct any errors discovered from time to time in its records
showing the order of employment.

44847.  When any school or part thereof shall have been transferred
from one district to another, employment for any employees who
transfer with said school or part thereof shall date from the time
said employees first accepted employment (if before July 1, 1947) or
rendered paid service (if after June 30, 1947) as probationary
employees in the district from which the school or part thereof and
the said employees were transferred.

44848.  When any certificated employee shall have resigned or been
dismissed for cause and shall thereafter have been reemployed by the
board, his date of employment shall be deemed to be the date on which
he first accepted reemployment (if reemployed before July 1, 1947)
or rendered paid service (if reemployed after June 30, 1947) after
his reemployment.
   When an employee's services are terminated for lack of enrollment
or discontinuance of service or are otherwise interrupted in a manner
declared by law not to constitute a break in service, his original
order of employment shall stand.

44849.  Nothing in Sections 35029, 35161, 35162, Sections 44030 to
44034, inclusive, Sections 44036 to 44048, inclusive, Sections 44800
to 44802, inclusive, Sections 44804 to 44824, inclusive, Sections
45021 to 45060, inclusive, Sections 48913, 87462, 87463, 87469,
88021, 88071, Article 1 (commencing with Section 7000) of Chapter 1,
Article 1 (commencing with Section 7100) of Chapter 2 of Part 5,
Chapter 4 (commencing with Section 10300) of Part 7, Article 1
(commencing with Section 12500) of Chapter 5 of Part 8, Article 5
(commencing with Section 32340) of Chapter 3 of Part 19, Article 1
(commencing with Section 44000), Article 3 (commencing with Section
44060) of Chapter 1, Chapter 2 (commencing with Section 44200),
Chapter 3 (commencing with Section 44400), Article 2 (commencing with
Section 44830), Article 3 (commencing with Section 44930) of Chapter
4, Chapter 5 (commencing with Section 45100), Article 2 (commencing
with Section 87600), Article 4 (commencing with Section 87660) of
Chapter 3 of Part 51, shall be construed in a manner as to deprive
any person of his or her rights and remedies in a court of competent
jurisdiction on a question of law and fact.

44850.  Nothing in Sections 35029, 35161, 35162, Sections 44030 to
44034, inclusive, Sections 44036 to 44048, inclusive, Sections 44800
to 44802, inclusive, Sections 44804 to 44824, inclusive, Sections
45021 to 45060, inclusive, Sections 48913, 87462, 87463, 87469,
88021, 88071, Article 1 (commencing with Section 7000) of Chapter 1,
Article 1 (commencing with Section 7100) of Chapter 2 of Part 5,
Chapter 4 (commencing with Section 10300) of Part 7, Article 1
(commencing with Section 12500) of Chapter 5 of Part 8, Article 5
(commencing with Section 32340) of Chapter 3 of Part 19, Article 1
(commencing with Section 44000), Article 3 (commencing with Section
44060) of Chapter 1, Chapter 2 (commencing with Section 44200),
Chapter 3 (commencing with Section 44400), Article 2 (commencing with
Section 44830), Article 3 (commencing with Section 44930) of Chapter
4, Chapter 5 (commencing with Section 45100), Article 2 (commencing
with Section 87600), Article 4 (commencing with Section 87660) of
Chapter 3 of Part 51, shall be construed so as to repeal or negate
any provisions concerning employees of school districts contained in
the charter of any city, county, or city and county, adopted and
approved in conformity with Article XI of the Constitution of this
state.

44850.1.  Notwithstanding Section 44850, and notwithstanding
provisions of the charter of any city or city and county to the
contrary, on and after July 1, 1978, the certificated employees of
any school district governed by such a charter who serve as the head
of a department of the district or in an administrative or
supervisory position shall neither acquire nor retain permanent
status in such position unless the employee is or becomes eligible
for permanent status in accordance with provisions of this code.

44851.  All employments under the provisions of Section 35161,
Sections 44221 to 44227, inclusive, Sections 44831 to 44887,
inclusive, Sections 44889 to 44891, inclusive, Sections 44893 to
44906, inclusive, Sections 44908 to 44919, inclusive, Sections 87462
and 87469, shall be subordinate to the right of the Legislature to
amend or repeal Section 35161, Sections 44221 to 44227, inclusive,
Sections 44831 to 44887, inclusive, Sections 44889 to 44891,
inclusive, Sections 44893 to 44906, inclusive, Sections 44908 to
44919, inclusive, Sections 87462 and 87469, or any provision or
provisions thereof at any time, and nothing herein contained shall be
construed to confer upon any person employed pursuant to the
provisions hereof a contract which will be impaired by the amendment
or repeal of Section 35161, Sections 44221 to 44227, inclusive,
Sections 44831 to 44887, inclusive, Sections 44889 to 44891,
inclusive, Sections 44893 to 44906, inclusive, Sections 44908 to
44919, inclusive, Sections 87462 and 87469, or of any provision or
provisions thereof.

44852.  Nothing in this code shall be construed as prohibiting the
employment of persons in positions requiring certification
qualifications for less than a full school year in temporary schools
or classes.

44853.  The governing board of any school district, subject to the
rules and regulations prescribed by the state board, may enter into
an agreement with the proper authorities of any foreign country, or
of any state, territory, or possession of the United States, or other
district within the state, for the exchange and employment of
regularly credentialed employees and employees of public schools of
any foreign country, state, territory, or possession, or other
district within this state. Any certificated person employed as
provided in this section shall be known as an "exchange certificated
employee." No exchange shall be made without the consent of the
employee to be exchanged.
   Due consideration shall be given to the general qualifications and
professional status of the exchange employee as compared to the
general qualifications and professional status of the employee for
whom exchanged. However, it shall not be a requirement that an
exchange certificated employee be a teacher of the same subject or
grade, or both, as the employee for whom exchanged. If the service
authorized is other than teaching, it shall not be a requirement that
the service be at the same grade level or that the service be
exactly the same as the employee for whom exchanged.
   A person shall not be employed as an exchange employee by a school
district in the state unless he or she holds the necessary valid
credential or credentials issued by the Commission on Teacher
Credentialing authorizing the person to serve in a position requiring
certification qualifications in the school district proposing to
employ the person. The commission may establish minimum standards for
the credentials for exchange certificated employees, provided that
no exchange certificated employee shall be required to pay a fee or
other charge for the issuance of any necessary valid credential or
credentials authorizing him or her to serve in a position requiring
certification qualifications in any school district in this state.
   An exchange agreement may be made for a period not to exceed three
years.
   At the end of the assignment period, the exchange, with the
consent of all parties, may be made complete and permanent.

44854.  Acceptance of any exchange position by an employee of any
school district in the state shall not affect his or her right to the
permanent classification to which he or she is entitled, at the time
of the acceptance, or any of his or her rights under the state
teachers retirement salary provisions of this code, or under any
local or district retirement plan, or system, and the time served in
the exchange position shall be counted as time served in the service
of the district in which he or she is employed immediately prior to
acceptance of the exchange position in determining his or her status
under Sections 35029, 35161, 35162, Sections 44030 to 44034,
inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to
44802, inclusive, Sections 44804 to 44824, inclusive, Sections 45021
to 45060, inclusive, Sections 48913, 87462, 87463, 87469, 88021,
88071, Article 1 (commencing with Section 7000) of Chapter 1, Article
1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 4
(commencing with Section 10300) of Part 7, Article 1 (commencing with
Section 12500) of Chapter 5 of Part 8, Article 5 (commencing with
Section 32340) of Chapter 3 of Part 19, Article 1 (commencing with
Section 44000), Article 3 (commencing with Section 44060) of Chapter
1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing
with Section 44400), Article 2 (commencing with Section 44830),
Article 3 (commencing with Section 44930) of Chapter 4, Chapter 5
(commencing with Section 45100), Article 2 (commencing with Section
87600), Article 4 (commencing with Section 87660) of Chapter 3 of
Part 51, and under the provisions of this code relating to state
retirement salary, and under any local or district retirement plan.

44855.  If the teacher from the district within the state who serves
as an exchange teacher without the state and the governing board
regularly employing him so agree, the district may pay his regular
salary, making all deductions provided by law for retirement
purposes, during the period of the exchange teaching. In such case
the district shall not pay the salary of the exchange teacher from
without the state, serving the district in exchange for its regular
teacher.
   In the event a teacher from a district within this state serving
as an exchange teacher without the state and to whom the governing
board of such district is paying the regular salary of such teacher
as herein provided, is compelled to absent herself from her duties
because of injury, illness or quarantine, the governing board of the
district within this state may pay the substitute employed to take
the place of such teacher and shall deduct the amount so paid the
substitute from the compensation of the teacher.

44856.  The governing board of a school district, for the purposes
of providing bilingual instruction, foreign language instruction, or
cultural enrichment, in the schools of the district, subject to the
rules and regulations of the state board, may conclude arrangements
with the proper authorities of a foreign country, or of a state,
territory, or possession of the United States, for the hiring of
bilingual teachers employed in public or private schools of a foreign
country, state, territory, or possession. To be eligible for
employment, the teacher must speak English fluently. Any persons
employed pursuant to this section shall be known as a "sojourn
certificated employee."
   A person shall not be hired as a sojourn certificate employee by a
school district unless he or she holds the necessary valid
credential or credentials issued by the Commission on Teacher
Credentialing authorizing the person to serve in a position requiring
certification qualifications in the school district proposing to
employ him or her. The person may be employed for a period not to
exceed two years, except that thereafter the period of employment may
be extended from year to year for a total period of not more than
five years upon verification by the employing district that
termination of the employment would adversely affect an existing
bilingual or foreign language program or program of cultural
enrichment, and that attempts to secure the employment of a
certificated California teacher qualified to fill the position have
been unsuccessful. The commission shall establish minimum standards
for the credentials for sojourn certificated employees.

44857.  Each person employed by the governing board of a school
district for a position requiring certification qualifications shall,
not later than 60 days after the date fixed by the governing board
of the district for the commencement of the person's service,
register, in the manner prescribed by Section 44330, a valid
certification document issued on or before that date, authorizing the
person to serve in the position for which he or she was employed,
and shall, not later than 60 days after the renewal thereof, register
the renewed certification document in the manner prescribed by
Section 44330. If any person so employed is the holder of a
California State University, or state teachers college, diploma
accompanied by the certificate of the State Board of Education, or of
an educational or life diploma of this state, and has presented the
diploma to, and has had his or her name recorded by, the county
superintendent of schools of the county, the person shall be deemed
to have registered the diploma under Section 44330.

44858.  The Legislature hereby declares that it is contrary to the
interest of this state and of the people of the state for any
governing board or any person charged by the governing board of any
school district with the responsibility of interviewing and
recommending persons for employment in positions requiring
certification, to fail or refuse to interview or recommend a person
applying for employment in a position requiring certification on any
basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the
Government Code, except as otherwise provided in this code and in
Section 12940 of the Government Code.

44859.  No school district may adopt or maintain any rule or
regulation which requires a candidate for a position requiring
certification qualifications to be a resident of the district or to
become a resident of the district, or which requires that an employee
maintain residency within the district; nor may a district grant any
preferential treatment to candidates or employees because they are
residents of the district.
   The Legislature in enacting this section recognizes that the
public school system of this state is the property of all its
citizens, and that all qualified candidates for positions of
employment with school districts, regardless of residence, should be
granted the opportunity to compete for and obtain such positions
based solely on merit and fitness.

44860.  No person shall be employed as principal of a school of six
or more certificated employees unless he or she holds a valid school
administration credential and at least one of the following: a
teaching credential, or a services credential with a specialization
in pupil personnel, health, clinical or rehabilitative, or librarian
services.

44861.  A substitute principal holding a valid teacher's credential
of the same grade as the school to be administered may be employed
without meeting the requirements of Section 44860 to meet an
emergency for not more than five months of any school year.

44862.  No person is eligible to teach in any public school in the
state, or to receive a certificate to teach who has not attained the
age of 18 years.

44863.  No teacher holding a special certificate shall be employed
to teach any subject not authorized in the certificate.

44864.  Each teacher in a joint elementary district shall hold a
valid certificate in the county in which the schoolhouse is located.

44865.  A valid teaching credential issued by the State Board or the
Commission on Teacher Credentialing, based on a bachelor's degree,
student teaching, and special fitness to perform, shall be deemed
qualifying for assignment as a teacher in the following assignments,
provided that the assignment of a teacher to a position for which
qualifications are prescribed by this section shall be made only with
the consent of the teacher:
   (a) Home teacher.
   (b) Classes organized primarily for adults.
   (c) Hospital classes.
   (d) Necessary small high schools.
   (e) Continuation schools.
   (f) Alternative schools.
   (g) Opportunity schools.
   (h) Juvenile court schools.
   (i) County community schools.
   (j) District community day schools.
   (k) Independent study.

44866.  The qualifications of a home instructor of pupils with
physical disabilities shall be a valid teaching credential or a
credential authorizing the teaching of exceptional children in an
area of specialized preparation issued by the state board, or the
Commission on Teacher Credentialing.

44867.  Except as provided in Section 44865, teachers in opportunity
schools, classes, or programs shall have the same qualifications and
shall be employed in the same manner as in other elementary and
secondary schools of the school district in which the opportunity
schools, classes, or programs are situated.

44868.  No person shall be employed as a teacher librarian in an
elementary or secondary school, unless he or she holds a valid
credential of proper grade authorizing service as a teacher librarian
or a valid teaching credential issued by the Commission on Teacher
Credentialing if he or she has completed the specialized area of
librarianship.

44869.  A teacher librarian, when employed full time as a teacher
librarian or serving full time, partly as a teacher librarian and
partly as a teacher, shall rank as a teacher.

44870.  No one shall be employed to supervise the work of teachers
for more than half time during any school week unless he is the
holder of a valid teacher's certificate authorizing him to teach in
the schools and classes in which he is to supervise instruction and a
valid supervision certificate.

44871.  The qualifications of supervisors of health shall be as
provided in Sections 44873 to 44878, inclusive.

44872.  For the purposes of Sections 44873 to 44878, inclusive,
"standard designated services credential with a specialization in
health" and "services credential with a specialization in health"
includes a community college health services credential when the
service is provided in grades 13 and 14.

44873.  The qualifications for a physician and surgeon employed to
serve on a half-time or greater than half-time basis shall be a valid
certificate to practice medicine and surgery issued by the Medical
Board of California or Osteopathic Medical Board of California and
either a services credential with a specialization in health or a
valid credential issued prior to November 23, 1970. The
qualifications for a physician and surgeon employed for less than
half time shall be a valid certificate to practice medicine and
surgery issued by the Medical Board of California. Any school
district may employ and compensate physicians and surgeons meeting
the foregoing qualifications for the performance of medical services
for that district and shall provide liability insurance coverage for
the period of his or her employment.
   As used in this section "medical services" includes, but is not
limited to, any medical services required to be performed while
required to be in attendance at high school athletic contests or
meets.

44874.  The qualifications for a psychologist or social worker are a
valid certificate issued by the appropriate California agency
authorized by law to certify such persons and a services credential
with a specialization in health. Any school district may employ and
compensate psychologists and social workers meeting the foregoing
qualifications.

44875.  The qualifications for a dentist are a valid certificate
issued by the Board of Dental Examiners and a services credential
with a specialization in health or a valid credential issued prior to
November 23, 1970. Any school district may employ and compensate
dentists meeting the foregoing qualifications.

44876.  The qualifications for a dental hygienist, dental hygienist
in alternative practice, or dental hygienist in extended functions
shall be a valid license issued by the Dental Hygiene Committee of
California or by the Dental Board of California and either a health
and development credential, a standard designated services credential
with a specialization in health, or a services credential with a
specialization in health.

44877.  The qualifications for a nurse shall be a valid certificate
of registration issued by the Board of Nurse Examiners of the State
of California or the California Board of Nursing Education and Nurse
Registration and a health and development credential, a standard
designated services credential with a specialization in health, or a
services credential with a specialization in health.
   The services credential with a specialization in health
authorizing service as a school nurse shall not authorize teaching
services unless the holder also completes the requirements for a
special class authorization in health in a program that is approved
by the commission.
   On and after January 1, 1981, the qualifications for a nurse shall
also include proof satisfactory to the school district that the
nurse has acquired training in child abuse and neglect detection.
This requirement may be satisfied through participation by the nurse
in continuing education activities relating to child abuse and
neglect detection and treatment.

44878.  The qualifications for an optometrist are a valid
certificate issued by the State Board of Optometry and a services
credential with a specialization in health or a credential issued
prior to November 23, 1970. Any school district may employ and
compensate optometrists meeting the foregoing qualifications.

44879.  The qualifications for an audiometrist working under the
direction of health services personnel pursuant to Section 49420
shall be a valid certificate or license issued by, or valid
registration with, the California state agency authorized by law to
issue the certificate or license, or to effect the registration,
required for performance of the service.

44885.5.  (a) Any school district shall classify as a probationary
employee of the district any person who is employed as a district
intern pursuant to Section 44830.3 and any person who has completed
service in the district as a district intern pursuant to subdivision
(b) of Section 44325 and Section 44830.3 and is reelected for the
next succeeding school year to a position requiring certification
qualifications.
   The governing board may dismiss or suspend employees classified as
probationary employees pursuant to this subdivision in accordance
with the procedures specified in Section 44948 or 44948.3 as
applicable.
   (b) Every certificated employee, who has completed service as a
district intern pursuant to subdivision (b) of Section 44325 and
pursuant to Section 44830.3 and who is further reelected and employed
during the succeeding school year as described in subdivision (a)
shall, upon reelection for the next succeeding school year, to a
position requiring certification qualifications, be classified as and
become a permanent employee of the district.
   The governing board shall notify the employee, on or before March
15 of the employee's last complete consecutive school year of
probationary employment in a position requiring certification
qualification as described in this subdivision, of the decision to
reelect or not reelect the employee for the next succeeding school
year to this type of a position. In the event the governing board
does not give notice pursuant to this section on or before March 15,
the employee shall be deemed reelected for the next succeeding school
year.

44893.  A permanent employee when advanced from a teaching position
to an administrative or supervisory position, or assigned any special
or other type of work, or given special classification or
designation requiring certification qualifications, shall retain his
permanent classification as a classroom teacher.

44894.  (a) A permanent employee not qualified to render service as
a classroom teacher, when advanced to an administrative or
supervisory position, or assigned any special or other type of work,
or given special classification or designation requiring
certification qualifications, shall retain his permanent
classification for the performance of the type of service for which
he was qualified prior to such advancement, assignment, or special
classification or designation.
   (b) If an employee is authorized to render service in more than
one type of position for which certification qualifications are
required, either by virtue of his possession of one certification
document authorizing service in two or more of such positions, or by
virtue of his possession of separate certification documents
authorizing service in two or more such positions, or any combination
thereof, he shall, upon satisfying all other requirements prescribed
by law, acquire permanent status as follows:
   (1) If he is authorized to render service as a classroom teacher,
he shall acquire permanent status as a classroom teacher.
   (2) If he is not authorized to render service as a classroom
teacher, he shall acquire permanent status below the administrative
or supervisory level as a staff employee with multiple
qualifications. His right to serve in one or more of the positions
for which he is qualified to serve shall be subject to the power of
assignment of the school district governing board.

44895.  A permanent employee, as specified in Section 44894, when
advanced to an administrative or supervisory position requiring
certification qualifications, or assigned any special or other type
of work requiring certification qualifications, or given special
classification or designation requiring certification qualifications,
shall retain his permanent classification as specified in Section
44894.
   If such a person is advanced to an administrative or supervisory
position not requiring certification qualifications, is assigned any
special or other type of work not requiring certification
qualifications, or is given special classification or designation not
requiring certification qualifications, his right to retain
permanent classification shall be governed by the provisions of
Article 3 (commencing with Section 44060) of Chapter 1 of this part.

44896.  Whenever a person employed in an administrative or
supervisory position requiring certification qualifications is
transferred to a teaching position, the governing board of the school
district shall give such employee, when requested by him, a written
statement of the reasons for such transfer. If the reasons include
incompetency, an evaluation of the person pursuant to Article 11
(commencing with Section 44660) of Chapter 3 of this part shall have
been completed not more than 60 days prior to the giving of the
notice of the transfer.

44897.  (a) A person employed in an administrative or supervisory
position requiring certification qualifications upon completing a
probationary period, including any time served as a classroom
teacher, in the same district, shall, in a district having an average
daily attendance of 250 or more pupils, be classified as and become
a permanent employee as a classroom teacher. In a district having an
average daily attendance of less than 250 pupils, he or she may be so
classified.
   (b) Persons classified pursuant to this section are subject to the
limitations contained in Section 44956.5.

44898.  Notwithstanding the provisions of Section 44897 to the
contrary, the governing board of any school district shall, with
respect to each person who is employed in an administrative or
supervisory position requiring certification qualifications under a
contract of employment providing a four-year term of employment and
who either has not been previously employed by the district in such
position or has been employed in such position but not under such a
four-year contract, determine prior to May 15 of the third year under
such four-year contract of employment whether to grant or deny the
person permanent classification as a classroom teacher. If it grants
such classification, the person shall be classified as and become a
permanent employee as a classroom teacher.

44899.  A person employed in an administrative or supervisory
position by more than one district shall be given permanent
classification in whichever district he may select for the permanent
classification. Other permanent classification shall be given to such
an employee in a district situated wholly or partly within a city or
city and county where the charter of the city or city and county
provides for other classification.

44900.  Any certificated employee having permanent classification in
a district, who is granted a leave of absence and transfers to
another district which is under the supervision of the same chief
administrative officer or district superintendent as the district
from which the employee is on leave, may acquire permanent
classification in the district to which he transferred if he is
employed for a second year in that district, at which time his
permanent classification in the district from which he transferred
shall expire.

44901.  (a) A certificated employee who has served in a position or
positions requiring certification qualifications in two or more
districts, each having an average daily attendance of 250 or more and
governed by governing boards of identical personnel, for a total of
three complete consecutive school years, upon being elected for the
fourth consecutive school year to a position or positions requiring
certification qualifications in any of the districts, shall at the
commencement of the fourth consecutive school year be classified as a
permanent employee of the last district in which he or she was
employed prior to his or her election for the fourth consecutive
school year.
   Where there are two or more districts, each having an average
daily attendance of 250 or more and governed by governing boards of
identical personnel, a certificated employee who has served in one of
the districts for three complete consecutive school years, upon
being elected for the fourth consecutive school year to a position or
positions requiring certification qualifications in any of the
districts, shall at the commencement of the fourth consecutive school
year be classified as and become a permanent employee of the last
district in which he or she was employed prior to his or her election
for the fourth consecutive school year.
   This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
   (b) A certificated employee who has served in a position or
positions requiring certification qualifications in two or more
districts, each having an average daily attendance of 250 or more and
governed by governing boards of identical personnel, for a total of
two complete consecutive school years, upon being elected for the
third consecutive school year to a position or positions requiring
certification qualifications in any of the districts, shall at the
commencement of the third consecutive school year be classified as a
permanent employee of the last district in which he or she was
employed prior to his or her election for the third consecutive
school year.
   Where there are two or more districts, each having an average
daily attendance of 250 or more and governed by governing boards of
identical personnel, a certificated employee who has served in one of
the districts for two complete consecutive school years, upon being
elected for the third consecutive school year to a position or
positions requiring certification qualifications in any of the
districts, shall at the commencement of the third consecutive school
year be classified as and become a permanent employee of the last
district in which he or she was employed prior to his or her election
for the third consecutive school year.
   The governing board shall notify the employee, on or before March
15 of the employee's second complete consecutive school year of
employment by the districts in a position or positions requiring
certification qualifications, of the decision to reelect or not
reelect the employee for the next succeeding school year to such a
position. In the event that the governing board does not give notice
pursuant to this section on or before March 15, the employee shall be
deemed reelected for the next succeeding school year.
   This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.

44902.1.  In a district which becomes unified, effective for all
purposes on July 1, 1980, certificated employees employed for the
school year 1980-81, who were employed for the school year 1979-80 by
a union high school district included in the territory within the
newly organized unified school district, may be placed on the salary
schedule of the unified school district and be given credit for all
service as an employee of the union high school district for years of
experience as an employee of the union high school district. Their
date of first paid service as a probationary employee may be the date
established by the union high school district.

44902.2.  In a school district which becomes unified, effective for
all purposes, on July 1, 1980, certificated employees who are
employed for the school year 1979-80 by a union high school district
included in part in the territory within the newly organized unified
school district shall be entitled to be employed by the unified
district for the school year 1980-81 only if such employees were
employed within the schools being acquired by the unified district.
However, the unified school district may, but is not required to,
employ additional employees of the union high school district to the
extent the unified school district agrees to employ such employees.

44903.  On the unionization, unification, uniting, or consolidation
of one or more school districts in which the average daily attendance
for the preceding school year was less than 250 pupils, with a
district or districts in which the average daily attendance was or,
as a result of the unionization, uniting, consolidation, or
unification, becomes 250 or more pupils, the regular three-year
probationary period required of certificated employees for permanent
status by Section 44882 shall be deemed to have commenced at the
beginning of the employee's first complete year of consecutive
employment by the school district having an average daily attendance
of less than 250 pupils. Every certificated employee who has been
employed for three or more complete consecutive school years by a
district having an average daily attendance of less than 250 pupils
shall, immediately upon his employment in a certificated position
following such unionization, unification, uniting, or consolidation,
be a permanent employee. The amendments to this section enacted by
the Legislature at the 1977-78 Regular Session shall apply only to
the unionization, unification, uniting, or consolidation of school
districts which becomes effective for all purposes on or after
January 1, 1979.

44903.7.  When a local plan for the education of individuals with
exceptional needs is developed or revised pursuant to Chapter 2.5
(commencing with Section 56195) of Part 30, the following provisions
shall apply:
   (a) Whenever any certificated employee, who is performing service
for one employer, is terminated, reassigned, or transferred, or
becomes an employee of another employer because of the reorganization
of special education programs pursuant to Chapter 797 of the
Statutes of 1980, the employee shall be entitled to the following:
   (1) The employee shall retain the seniority date of his or her
employment with the district or county office from which he or she
was terminated, reassigned, or transferred, in accordance with
Section 44847. In the case of termination, permanent employees shall
retain the rights specified in Section 44956 or, in the case of
probationary employees, Sections 44957 and 44958, with the district
or county office initiating the termination pursuant to Section
44955.
   (2) The reassignment, transfer, or new employment caused by the
reorganization of special education programs pursuant to Chapter 797
of the Statutes of 1980, shall not affect the seniority or
classification of certificated employees already attained in any
school district that undergoes the reorganization. These employees
shall have the same status with respect to their seniority or
classification, with the new employer, including time served as
probationary employees. The total number of years served as a
certificated employee with the former district or county office shall
be credited, year for year, for placement on the salary schedule of
the new district or county office.
   (b) All certificated employees providing service to individuals
with exceptional needs shall be employed by a county office of
education or an individual school district. Special education local
plan areas or responsible local agencies resulting from local plans
for the education of individuals with exceptional needs formulated in
accordance with Part 30 (commencing with Section 56000) shall not be
considered employers of certificated personnel for purposes of this
section.
   (c) Subsequent to the reassignment or transfer of any certificated
employee as a result of the reorganization of special education
programs, pursuant to Chapter 797 of the Statutes of 1980, that
employee shall have priority, except as provided in subdivision (d),
in being informed of and in filling certificated positions in special
education in the areas in which the employee is certificated within
the district or county office by which the certificated employee is
then currently employed. This priority shall expire 24 months after
the date of reassignment or transfer, and may be waived by the
employee during that time period.
   (d) A certificated employee who has served as a special education
teacher in a district or county office and has been terminated from
his or her employment by that district or county office pursuant to
Section 44955, shall have first priority in being informed of and in
filling vacant certificated positions in special education, for which
the employee is certificated and was employed, in any other county
office or school district that provides the same type of special
education programs and services for the pupils previously served by
the terminated employee. For a period of 39 months for permanent
employees and 24 months for probationary employees from the date of
termination, the employee shall have the first priority right to
reappointment as provided in this section, if the employee has not
attained the age of 65 years before reappointment.

44907.  The retirement of any employee of a school district under
the provisions of any retirement law, except for employees retiring
for disability under the Teachers' Retirement Law, shall
automatically effect the dismissal of the employee from the employ of
the district at the end of the current school year.

44908.  A probationary employee who, in any one school year, has
served for at least 75 percent of the number of days the regular
schools of the district in which he is employed are maintained shall
be deemed to have served a complete school year. In case of evening
schools, 75 percent of the number of days the evening schools of the
district are in session shall be deemed a complete school year.

44909.  The governing board of any school district may employ
persons possessing an appropriate credential as certificated
employees in programs and projects to perform services conducted
under contract with public or private agencies, or categorically
funded projects which are not required by federal or state statutes.
The terms and conditions under which such persons are employed shall
be mutually agreed upon by the employee and the governing board and
such agreement shall be reduced to writing. Service pursuant to this
section shall not be included in computing the service required as a
prerequisite to attainment of, or eligibility to, classification as a
permanent employee unless (1) such person has served pursuant to
this section for at least 75 percent of the number of days the
regular schools of the district by which he is employed are
maintained and (2) such person is subsequently employed as a
probationary employee in a position requiring certification
qualifications. Such persons may be employed for periods which are
less than a full school year and may be terminated at the expiration
of the contract or specially funded project without regard to other
requirements of this code respecting the termination of probationary
or permanent employees other than Section 44918.
   Whenever any certificated employee in the regular educational
program is assigned to a categorically funded project not required by
federal or state statute and the district employs an additional
credentialed person to replace that certificated employee, the
replacement certificated employee shall be subject to the provisions
of Section 44918.
   This section shall not be construed to apply to any regularly
credentialed employee who has been employed in the regular
educational programs of the school district as a probationary
employee before being subsequently assigned to any one of these
programs.

44910.  Service by a person as an instructor in classes conducted at
regional occupational centers or programs, as authorized pursuant to
Section 52301, 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 school district.
   This section shall not be construed to apply to any regularly
credentialed teacher who has been employed to teach in the regular
educational programs of the school district and subsequently assigned
as an instructor in regional occupational centers or programs, nor
shall it affect the status of regional occupational center teachers
classified as permanent or probationary at the time this section
becomes effective.

44911.  Service by a person under a provisional credential 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 school district.
   This section shall not be applicable to teachers granted a
one-year emergency credential under the conditions specified in
subdivision (b) of Section 44252 and subdivision (h) of Section
44830.

44912.  Service under a credential authorizing service only as a
teacher of basic military drill in high school cadet companies
established under Chapter 1 of Part 2 of Division 2 of the Military
and Veterans Code 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 school district.

44913.  Nothing in Sections 44882 to 44887, inclusive, Sections
44890, 44891, Sections 44893 to 44906, inclusive, and Sections 44908
to 44919, inclusive, shall be construed as permitting a certificated
employee to acquire permanent classification with respect to
employment in a summer school maintained by a school district, and
service in connection with any such employment shall not be included
in computing the service required as a prerequisite to attainment of,
or eligibility to, classification as a permanent employee of the
district. The provisions of this section do not constitute a change
in, but are declaratory of, the preexisting law.

44914.  If an employee of a school district has served as a
probationary employee of the district in a position requiring
certification qualifications, for one complete school year, and in
the year immediately preceding the service as probationary employee
has served as a substitute employee, or as a substitute and
probationary employee, serving in both capacities during the same
school year in the schools of the district, at least 75 percent of
the number of days the regular schools of the district were
maintained, the governing board of the district may count the year of
employment as a substitute or as a substitute and probationary
employee as one year of the probationary period which he is required
by law to serve as a condition to being classified as a permanent
employee of the district.

44915.  Governing boards of school districts shall classify as
probationary employees, those persons employed in positions requiring
certification qualifications for the school year, who have not been
classified as permanent employees or as substitute employees.

44916.  The classification shall be made at the time of employment
and thereafter in the month of July of each school year. At the time
of initial employment during each academic year, each new
certificated employee of the school district shall receive a written
statement indicating his employment status and the salary that he is
to be paid. If a school district hires a certificated person as a
temporary employee, the written statement shall clearly indicate the
temporary nature of the employment and the length of time for which
the person is being employed. If a written statement does not
indicate the temporary nature of the employment, the certificated
employee shall be deemed to be a probationary employee of the school
district, unless employed with permanent status.

44917.  Except as provided in Sections 44888 and 44920, governing
boards of school districts shall classify as substitute employees
those persons employed in positions requiring certification
qualifications, to fill positions of regularly employed persons
absent from service.
   After September 1 of any school year, the governing board of any
school district may employ, for the remainder of the school year, in
substitute status any otherwise qualified person who consents to be
employed in a position for which no regular employee is available,
including persons retired for service under the State Teachers'
Retirement System. Inability to acquire the services of a qualified
regular employee shall be demonstrated to the satisfaction of the
Commission on Teacher Credentialing.
   Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a
position requiring certification qualifications, be classified by the
governing board as a probationary employee and the previous year's
employment as a temporary employee shall be deemed one year's
employment as a probationary employee for purposes of acquiring
permanent status.

44918.  (a) Any employee classified as a substitute or temporary
employee, who serves during one school year for at least 75 percent
of the number of days the regular schools of the district were
maintained in that school year and has performed the duties normally
required of a certificated employee of the school district, shall be
deemed to have served a complete school year as a probationary
employee if employed as a probationary employee for the following
school year.
   (b) Any such employee shall be reemployed for the following school
year to fill any vacant positions in the school district unless the
employee has been released pursuant to subdivision (b) of Section
44954.
   (c) If an employee was released pursuant to subdivision (b) of
Section 44954 and has nevertheless been retained as a temporary or
substitute employee by the district for two consecutive years and
that employee has served for at least 75 percent of the number of
days the regular schools of the district were maintained in each
school year and has performed the duties normally required of a
certificated employee of the school district, that employee shall
receive first priority if the district fills a vacant position, at
the grade level at which the employee served during either of the two
years, for the subsequent school year. In the case of a
departmentalized program, the employee shall have taught in the
subject matter in which the vacant position occurs.
   (d) Those employees classified as substitutes, and who are
employed to serve in an on-call status to replace absent regular
employees on a day-to-day basis shall not be entitled to the benefits
of this section.
   (e) Permanent and probationary employees subjected to a reduction
in force pursuant to Section 44955 shall, during the period of
preferred right to reappointment, have prior rights to any vacant
position in which they are qualified to serve superior to those
rights hereunder afforded to temporary and substitute personnel who
have become probationary employees pursuant to this section.
   (f) This section shall not apply to any school district in which
the average daily attendance is in excess of 400,000.

44919.  (a) Governing boards of school districts shall classify as
temporary employees those persons requiring certification
qualifications, other than substitute employees, who are employed to
serve from day to day during the first three school months of any
school term to teach temporary classes not to exist after the first
three school months of any school term or to perform any other duties
which do not last longer than the first three school months of any
school term, or to teach in special day and evening classes for
adults or in schools of migratory population for not more than four
school months of any school term. If the classes or duties continue
beyond the first three school months of any school term or four
school months for special day and evening classes for adults, or
schools for migratory population, the certificated employee, unless a
permanent employee, shall be classified as a probationary employee.
The school year may be divided into not more than two school terms
for the purposes of this section.
   (b) Governing boards shall classify as temporary employees
persons, other than substitute employees, who are employed to serve
in a limited assignment supervising athletic activities of pupils;
provided, such assignment shall first be made available to teachers
presently employed by the district. Service pursuant to this
subdivision 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 school district.
   (c) In any district, the governing board may, to prevent the
stoppage of school district business when an actual emergency arises
and persons are not immediately available for probationary
classification, make an appointment to a position on a temporary
basis for a period not to exceed 20 working days. The person so
appointed shall be deemed to be a temporary employee who is employed
to serve from day to day. Service by a person in such an appointment
on a temporary basis 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 school district.

44920.  Notwithstanding the provisions of Sections 44917 and 44919,
the governing board of a school district may employ as a teacher, for
a complete school year, but not less than one semester during a
school year unless the date of rendering first paid service begins
during the second semester and prior to March 15th, any person
holding appropriate certification documents, and may classify such
person as a temporary employee. The employment of such persons shall
be based upon the need for additional certificated employees during a
particular semester or year because a certificated employee has been
granted leave for a semester or year, or is experiencing long-term
illness, and shall be limited, in number of persons so employed, to
that need, as determined by the governing board.
   Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a
vacant position requiring certification qualifications, be classified
by the governing board as a probationary employee and the previous
year's employment as a temporary employee shall be deemed one year's
employment as a probationary employee for purposes of acquiring
permanent status.
   For purposes of this section "vacant position" means a position in
which the employee is qualified to serve and which is not filled by
a permanent or probationary employee. It shall not include a position
which would be filled by a permanent or probationary employee except
for the fact that such employee is on leave.

44921.  Notwithstanding the provisions of Section 44919, the
governing board of a unified or high school district may employ
persons requiring certification qualifications for the first semester
only, and classify such persons as temporary employees, whenever the
district expects a reduction in student enrollment during the second
semester due to students completing graduation requirements at
midyear. The number of persons so employed shall be limited to
requirements based on the anticipated reduced enrollment as
determined by the governing board. Persons so employed who are
continued in employment beyond the first semester shall be deemed
probationary employees for the entire school year.
   Any such employee shall be reemployed for the following semester
or school year to fill any vacant positions in the school district
for which the employee is certified. Preference for available
positions shall be determined by the governing board using the method
prescribed in Sections 44845 and 44846.
   For purposes of this section "vacant position" means a position in
which the employee is qualified to serve and which is not filled by
a permanent or probationary employee. It shall not include a position
which would be filled by a permanent or probationary employee except
for the fact that such employee is on leave.

44922.  Notwithstanding any other provision, the governing board of
a school district or a county superintendent of schools may establish
regulations which allow their certificated employees to reduce their
workload from full-time to part-time duties.
   The regulations shall include, but shall not be limited to, the
following, if the employees wish to reduce their workload and
maintain retirement benefits pursuant to Section 22713 of this code
or Section 20815 of the Government Code:
   (a) The employee shall have reached the age of 55 prior to
reduction in workload.
   (b) The employee shall have been employed full time in a position
requiring certification for at least 10 years of which the
immediately preceding five years were full-time employment.
   (c) During the period immediately preceding a request for a
reduction in workload, the employee shall have been employed full
time in a position requiring certification for a total of at least
five years without a break in service. For purposes of this
subdivision, sabbaticals and other approved leaves of absence shall
not constitute a break in service.
   (d) The option of part-time employment shall be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
   (e) (1) The employee shall be paid a salary that is the pro rata
share of the salary he or she would be earning had he or she not
elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which he or she makes the
payments that would be required if he or she remained in full-time
employment.
   (2) The employee shall receive health benefits as provided in
Section 53201 of the Government Code in the same manner as a
full-time employee.
   (f) The minimum part-time employment shall be the equivalent of
one-half of the number of days of service required by the employee's
contract of employment during his or her final year of service in a
full-time position.
   (g) This option is limited in prekindergarten through grade 12 to
certificated employees who do not hold positions with salaries above
that of a school principal.
   (h) The period of this part-time employment shall include a period
of time, as specified in the regulations, which shall be up to and
include five years for employees subject to Section 20815 of the
Government Code or 10 years for employees subject to Section 22713 of
this code.
   (i) The period of part-time employment of employees subject to
Section 20815 of the Government Code shall not extend beyond the end
of the school year during which the employee reaches his or her 70th
birthday. This subdivision shall not apply to any employee subject to
Section 22713 of this code.

44923.  In the event a permanent employee of a school district has
tenure as a full-time employee of the district, any assignment or
employment of such employee in addition to his full-time assignment
may be terminated by the governing board of the district at any time.

44924.  Except as provided in Sections 44937 and 44956, any contract
or agreement, express or implied, made by any employee to waive the
benefits of this chapter or any part thereof is null and void.
   Notwithstanding provisions of this or any other section of this
code, governing boards of school districts may employ persons in
positions requiring certification qualifications on less than a
full-time basis.

44925.  The governing board of any school district may employ or
engage as an independent contractor a qualified person to serve as
limited-term or part-time reader assistant in connection with
instruction in composition and writing, and in mathematics, to
teachers. Any person employed as a reader shall not be deemed to be
employed in a position requiring certification qualifications, and,
unless otherwise determined by the governing board, shall not be
subject to the provisions of Chapter 5 (commencing with Section
45100) of this part. The governing board may pay such hourly or unit
compensation rates as it deems proper for the services rendered. It
is the intent of the Legislature in enacting this section not to
authorize an increase in the number of pupils who may be assigned to
any class, but to provide an opportunity for improvement in the
quality of student writing and mathematics abilities through more
frequent assignments of compositions and more work in mathematics
made possible by the employment of suitably trained persons to assist
the instructor in the careful marking and analysis of the pupils'
work. Furthermore, the means adopted for employing persons as reader
assistants is not intended as an encroachment upon the merit system
of public employment, but is adopted as the most practical
arrangement, since most work of such nature will be done as part-time
work and in the home.

44926.  The governing board of any school district may employ any
qualified person who possesses a temporary certificate to serve as a
teacher-assistant in a program conducted in cooperation with a
California teacher training institution. No person shall be so
employed unless he is enrolled as a student in a cooperating
California teacher training institution at the time the service is
rendered. Service by a person under a teacher-assistant certificate
shall not be included in computing the service required as a
prerequisite to the attainment of, or eligibility to, classification
as a permanent employee of a school district. The governing board may
make such payments as it deems proper for the services rendered.
   Any person employed under this section shall not be subject to the
provisions of Chapter 1 (commencing with Section 22000) to Chapter
27 (commencing with Section 24600), inclusive, of Part 13 of Division
1 of Title 1.

44927.  The governing board of any school district, a county board
of education, or the Department of Education may execute a contract
with any California teacher-training institution whereby certificated
personnel of the school district, county, or the Department of
Education may be assigned to the teacher-training institution for
full-time or part-time duty for a period not to exceed one year.
   Any teacher-training institution in California may execute a
contract with the governing board of any school district, a county
board of education, or the Board of Education whereby certificated
personnel of the institution may be assigned to school districts,
county boards of education, or the Department of Education for
full-time or part-time duty for a period not to exceed one year.
   Any such contract shall provide for the payment, by the entity to
which a person is assigned to the employer, of a sum equivalent to
the salary and other employment costs of any such employee. In place
of such payment, the contract may provide for the exchange of
certificated personnel between the district, county, or Department of
Education and the teacher-training institution. Any such employee
shall retain his status as an employee of the school district,
county, Department of Education, or teacher-training institution from
which he is assigned in all respects during the period of such
assignment.

44928.  No school in any school district having an average daily
attendance in excess of 400,000 shall have at any time a certificated
teaching staff, excluding substitutes employed pursuant to Section
45030, of whom more than 5 percent have only an emergency credential.
   This section does not apply to emergency credentials for bilingual
education or for education of the learning handicapped, severely
handicapped, physically handicapped, or to any other emergency
credential established for the purposes of special education.

44929.  Whenever the governing board of a school district or a
county office of education, by formal action, determines that because
of impending curtailment of or changes in the manner of performing
services, the best interests of the district or county office of
education would be served by encouraging the retirement of
certificated employees and that the retirement will result in a net
savings to the district or county office of education, an additional
two years of service shall be credited under the Defined Benefit
Program of the State Teachers' Retirement Plan to a certificated
employee pursuant to Section 22714 if all of the conditions set forth
in that section are satisfied.