Article 8 - Certificates and Credentials

California Education Code — §§ 44330-44355

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Sections (34)

Enacted by Stats. 1976, Ch. 1010.

Except where such service is provided by a school district pursuant to Section 44332.5, each county or city and county board of education may provide for the registration of any valid certification or other document authorizing the holder thereof to serve in a position requiring certification qualifications as an employee of the county superintendent of schools of such county or city and county or of a school district under the jurisdiction of such county superintendent of schools. Such registration shall authorize the service of the holder as an employee of the county superintendent of schools or of any school district under his jurisdiction in the capacity in which and for the period of time for which the certification or other document is valid.

Enacted by Stats. 1976, Ch. 1010.

County boards of education may renew any certificate legally issued by them prior to October 1, 1945, and now in force; provided, that no certificate granted upon a credential issued by the State Board of Education or commission for a limited period shall be renewed or extended unless the credential upon which it was issued has been renewed or extended, and then only for the period of the renewal or extension of the credential.

Amended by Stats. 2016, Ch. 127, Sec. 1. (AB 1918) Effective January 1, 2017.

(a)Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential

applications are being processed or to personnel employed in children’s centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance.

(b)The county board of education or city and county board of education shall cancel the temporary certificate

or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant.

(c)A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally

requested credential.

(d)A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended.

Amended by Stats. 2017, Ch. 199, Sec. 3. (AB 681) Effective January 1, 2018.

(a)(1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district.
(2)A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained

proof that the holder has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission.

(b)During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has:
(1)Made full disclosure of all facts necessary to establish his or her true identity.
(2)(A) Made a statement under penalty of perjury that he or she has not been convicted of a crime that would constitute grounds for the denial of the credential, permit, or certificate applied for.
(B)An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential.
(3)Paid to the commission the amount of twelve dollars ($12) or the fees or costs that have been or will be assessed by the Federal Bureau of

Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates that were applied for or issued after October 1, 1981.

(c)Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.

Amended by Stats. 2017, Ch. 199, Sec. 4. (AB 681) Effective January 1, 2018.

(a)(1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony.
(2)Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the

public schools from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony.

(b)This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(c)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.
(d)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she 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.

(e)Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance 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.
(f)(1) Notwithstanding paragraph (1) of subdivision (a), a

county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee.

(2)Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that

employee.

Enacted by Stats. 1976, Ch. 1010.

The standard for the exchange credential shall be as prescribed by the commission pursuant to Section 44853.

This credential shall authorize service in a position requiring certification qualifications as an exchange certified employee for performance of the services specified in the credential. Services for which a license is required by the Business and Professions Code may not be authorized unless the applicant holds such a license.

Enacted by Stats. 1976, Ch. 1010.

Except as provided in this code, no certification document shall be granted to any person unless and until he has subscribed to the following oath or affirmation: “I solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of California, and the laws of the United States and the State of California.” The oath or affirmation shall be subscribed and certified or declared, pursuant to Section 2015. 5 of the Code of Civil Procedure, and shall be filed with the commission. Any certificated person who is a citizen or subject of any country other than the United States, and who is employed in any capacity in any of the public schools of the state shall, before entering upon the discharge of his duties, subscribe to an oath to support the institutions and policies of the United States during the period of his sojourn within the state. Upon the violation of any of the terms of the oath or affirmation, the commission shall suspend or revoke the credential which has been issued.

Amended by Stats. 1977, Ch. 36.

The issuance of any teaching credential requires (1) the passing of a satisfactory examination on the provisions and principles of the Constitution of the United States in a community college, college, or university of recognized merit or (2) the satisfactory completion of two semester units of work on the provisions and principles of the Constitution of the United States in any university or college from which undergraduate credits earned are accepted by the commission as meeting undergraduate credit requirements for credentials issued by the commission or in any publicly supported community college in the state. Public and private institutions in California may be authorized to attest to the individual’s satisfaction of this requirement.

The requirements of this section do not apply to the designated subjects teaching credential authorizing part-time employment only.

Amended by Stats. 2010, Ch. 512, Sec. 4. (SB 1069) Effective January 1, 2011.

When required by the commission, the application for a certification document or the renewal thereof shall be accompanied by a certificate in such form as shall be prescribed by the commission, from a physician and surgeon licensed under the provisions of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, showing that the applicant is free from any contagious and communicable disease or other disabling disease or defect unfitting the applicant to instruct or associate with children.

Amended by Stats. 1992, Ch. 913, Sec. 12. Effective January 1, 1993.

No person otherwise qualified shall be denied the right to receive credentials from the commission, to receive training for the purpose of becoming a teacher, or to engage in practice teaching in any school, on the grounds he or she is an individual with a disability; nor shall any school district refuse to engage a teacher on such grounds, provided, that the teacher, with reasonable accommodations, is able to carry out the duties of the position for which he or she applies in the school district. “Disability,” as used in this section, means (1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual, (2) a record of such an impairment, or (3) being regarded as having such an impairment.

Amended by Stats. 1992, Ch. 913, Sec. 13. Effective January 1, 1993.

No person otherwise qualified shall be denied the right to receive credentials issued by the commission, to receive training for the purpose of becoming a teacher, or to engage in practice teaching in any school, on the ground he or she is a person with a disability; provided, that the person does not pose a direct threat of substantial harm to the health or safety of other individuals.

Amended by Stats. 1982, Ch. 996, Sec. 4. Effective September 14, 1982.

(a)The commission shall adopt, in addition to any other regulations authorized by law, regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character.
(b)The adopted rules and regulations shall specify that an applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or perform other duties for which he or she is certificated, or which is related to his or her competence to perform the duties authorized by his or her credential.
(c)The adopted rules and regulations shall also prescribe the notice which shall be supplied to each applicant on the application form, which shall include the following information:
(1)The offenses which constitute grounds for the mandatory denial or revocation of a credential.
(2)The offenses for which the commission is authorized to deny or revoke a credential, depending upon the degree of rehabilitation or requalification demonstrated by the applicant.
(3)The standards under which the commission determines that it shall not investigate or pursue offenses which are not clearly related to an applicant’s fitness or competence to teach or perform other certificated services.

Added by Stats. 2018, Ch. 838, Sec. 4. (SB 695) Effective January 1, 2019.

(a)The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number.
(b)An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential.
(c)An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential.

Enacted by Stats. 1976, Ch. 1010.

Each applicant for a credential, or for the renewal of a credential, shall submit with his application duplicate personal identification cards provided by the commission upon which shall appear the legible fingerprints and a personal description of the applicant.

The commission is authorized to, and shall adopt such regulations as may in its judgment be necessary for the administration of this section.

Amended by Stats. 2001, Ch. 342, Sec. 25. Effective January 1, 2002.

(a)(1) For the purpose of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review pursuant to subdivision (b) of Section 44242.5 has been established, the commission is authorized to require the production of information, records, reports, and other data from any public agency. For the purposes of determining whether jurisdiction exists, the commission is also authorized to require the limited production of records as set forth in subdivision (f) of Section 44242.5.
(2)This information shall be provided to the commission within 30 days of the request.
(3)The commission shall maintain the confidentiality of this information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(b)Except for the situation prescribed in subdivision (d), every applicant for a credential or for the renewal of a credential shall be deemed to have given his or her consent for the securing of, and disclosure of, information to the commission for the sole purpose of ascertaining the moral character and true identity of the holder of a credential, the applicant for a credential, or a credential holder applying for the renewal of the credential.
(c)The Department of Justice shall furnish, upon application of the commission or its authorized representative, all information pertaining to any applicant of whom there is a record in its office except that information which may compromise or prejudice an ongoing criminal investigative matter may be withheld until the matter is completed.
(d)With the written consent of an applicant for a credential or a credential holder, the commission upon written request of any private school authority, shall release to that private school authority information and other data relative to the identification or fitness of any applicant for a teaching position in the private school so long as not otherwise prohibited by any other provision of law.
(e)Each application for a credential shall contain notice that the information provided by the applicant is subject to investigation for, and verification of, the applicant’s moral character and true identity by means of review of information, records, reports, and other data from any agency or department of the state or any political subdivision of the state, whether chartered by the state or not, secured by the commission for these purposes.

Enacted by Stats. 1976, Ch. 1010.

Teachers, principals, supervisors, school librarians, superintendents and assistant superintendents, and other certified personnel who are presently employed in public schools in California shall not be adversely affected by this chapter. However, presently employed personnel and those in preparation shall be permitted to seek initial or renewal certification under the terms of this chapter.

Enacted by Stats. 1976, Ch. 1010.

A credential which was issued prior to July 1, 1973, shall remain in force as long as it is valid and continues to be valid under the law and regulations of the commission. The commission may not by regulation invalidate such valid credential unless it issues to the holder thereof, in substitution, a new credential authorized by other sections of this chapter which is no less restrictive than the credential for which it was substituted with respect to the kind of service which it authorizes, and the grades or classes of types of schools in which it authorizes services.

Added by Stats. 2023, Ch. 48, Sec. 33. (SB 114) Effective July 10, 2023.

(a)The commission shall issue a comparable credential at the preliminary level to an eligible applicant for the purpose of providing instruction or services in public schools if all of the following requirements are met:
(1)The eligible applicant possesses and provides proof of a valid, out-of-state, unexpired, professional-level teaching or services credential.
(2)The eligible applicant provides evidence that the eligible applicant is, is married to, or is in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States.
(3)The eligible applicant provides either

of the following:

(A)A copy of their, or their spouse or domestic partner’s, official military orders for reassignment to California.
(B)Evidence of their spouse or domestic partner’s death while serving as an active duty member of the Armed Forces of the United States in the previous 12 months.
(4)The eligible applicant satisfies the fingerprinting requirement for purposes of conducting a criminal background check and satisfies the professional fitness requirement pursuant to Sections 44339, 44340, and 44341.
(b)(1) Except as provided in paragraph (2), a credential issued pursuant to this section shall be valid only for the duration of the military orders pursuant to subparagraph (A) of paragraph (3) of subdivision (a).
(2)A credential issued to eligible applicants who provided evidence pursuant to subparagraph (B) of paragraph (3) of subdivision (a) shall be valid for no more than three years. A credential issued pursuant to this paragraph may only be issued once.
(c)An eligible applicant licensed under this section may subsequently apply for full licensure in California based on existing pathways for out-of-state prepared educators.
(d)The commission shall issue a credential under this section to a spouse of a United States military service member consistent with subdivision (a) of Section 44343.5.
(e)For the purposes of this section, the following definitions apply:
(1)“Active duty member of the

Armed Forces of the United States” means any person serving in a full-time duty status in the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, including members of any reserve component of those forces and members of the National Guard.

(2)“Eligible applicant” means any United States military service member or their spouse or domestic partner, or a surviving spouse or domestic partner of a service member who died while serving as an active duty member of the Armed Forces of the United States in the previous 12 months.

Added by Stats. 2017, Ch. 436, Sec. 1. (AB 226) Effective January 1, 2018.

(a)The commission shall grant or deny a completed application for a credential within seven days of the date that the commission received the application if the applicant does both of the following:
(1)Supplies the commission with evidence that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders.
(2)Holds a valid teaching credential in another state, district, or territory of the United States.
(b)The seven-day processing time set forth in this section shall not apply to an application subject to a fitness review by the commission pursuant to Article 3 (commencing with Section 44240).

Amended by Stats. 2021, Ch. 663, Sec. 26. (AB 320) Effective January 1, 2022.

(a)The commission shall issue the appropriate credentials authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971, to any person who completed the requirements for such credential before September 15, 1974.
(b)A person may be issued a credential under this section after September 15, 1974, if that person, between December 31, 1971, and September 15, 1974:
(1)Was engaged in teaching in a foreign country, after such person had completed the requirements of such credential.
(2)Holds a credential issued under partial fulfillment and was

working towards meeting the requirements of that credential and was enrolled in a teacher training institution.

(3)Was working towards meeting the requirements of such credential and was prevented from completing those requirements because of active military service, illness, or other causes determined by the commission.
(4)Was accepted into and enrolled in a teacher education curriculum at any institution and would be required to take more than 15 semester-hour units or the equivalent quarter-hour units after September 15, 1974, beyond the requirements necessary to receive such credential, in order to meet the requirements of credentials issued under this chapter.
(5)Was enrolled in a student-declared degree program at a regionally accredited institution of higher education leading to such credential with at

least a junior standing as determined by the institution and would be required to take more than 15 semester-hour units or the equivalent quarter-hour units after September 15, 1974, beyond the requirements necessary to receive such credential, in order to meet the requirements of credentials issued under this chapter.

(c)No credential authorized under this law and rules and regulations in effect on December 31, 1971, shall be issued to any person pursuant to the exceptions specified in paragraphs (1) to (5), inclusive, of subdivision (b) after September 15, 1976.
(d)For purposes of this section, “teacher education curriculum” means any professional education course or sequence of professional education courses required for a credential authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971.
(e)For purposes of this section, “student-declared degree program” means any student-elected degree objective at a regionally accredited institution of higher education selected for the purpose of obtaining a credential authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971.

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