text:
(a) On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a local educational agency or in any position for a private school employer:

(1) The name, date of birth, and a unique identification number of the employee.

(2) The name of the school employer.

(3) The starting date, ending date, if applicable, and title for each school position held by the employee.

(4) The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027.

(5) The date an investigation described in paragraph (4) was commenced.

(6) The date a substantiated report described in paragraph (4) was filed.

(b) Those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school employer, review the statewide data system established pursuant to subdivision (a) to determine whether an investigation resulted in a substantiated report pursuant to paragraph (4) of subdivision (a).

(c) Within 30 calendar days of hiring an individual for a noncertificated position at a local educational agency or for any position at a private school employer, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the position.

(d) Within 30 calendar days of an individual changing into, or adding, a noncertificated position with the same local educational agency employer or any position at a private school organization, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the new or additional position.

(e) Within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the final date of employment or final date in the position.

(f) (1) Within 10 calendar days of the start of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.

(2) Statewide data system records shall indicate a pending status from the receipt of notice pursuant to paragraph (1) until the local educational agency employer or private school employer submits subsequent notice pursuant to this subdivision.

(3) Within 10 calendar days of the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice stating the result of the investigation to the statewide data system.

(A) If an investigation of egregious misconduct results in a substantiated report as defined in subdivision (b) of Section 11165.12 of the Penal Code, a record of the investigation result shall be created in the statewide data system.

(B) If an investigation of egregious misconduct results in an unfounded report or inconclusive report as defined in Section 11165.12 of the Penal Code, no record of an investigation shall be created in the statewide data system.

(4) If a noncertificated employee leaves a local educational agency employer or any employee leaves a private school employer before the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice of the change in employment status mid-investigation to the statewide data system to be included in the employee’s record.

(5) If a previously substantiated report is later determined by the governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall notify the commission within 10 days. Upon receiving the notification, the commission shall remove the report from the statewide data system.

(g) The commission shall serve only as the data administrator for records submitted to the statewide data system pursuant to this section. The commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the information submitted by local educational agency employers or private school employers.

(h) For purposes of this section, the following definitions apply:

(1) “Egregious misconduct” has the same meaning as defined in Section 44932.

(2) “Local educational agency” means a school district, county office of education, charter school, or state special school or diagnostic center operated by the department.

history: (History: Added by Stats. 2025, Ch. 460, Sec. 7. (SB 848) Effective January 1, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Rights and Duties


kind: section

code: EDC

text:
The purpose of this article is to provide a basis of determination as to what constitutes a supervisory or administrative classified position or a position requiring certification qualifications not clearly defined in other sections of this code; to provide an interchange of qualified personnel between the certificated and classified services of the public school systems; and to secure rights and benefits to employees moving between the two services, all to the end of assuring better educational systems for the students of the public school systems.

The provisions of this article are not intended, nor may they be construed, to invalidate any other sections of this code which were enacted prior to the enactment of this article, relating to positions requiring certification qualifications or the classified service covered in Article 6 (commencing with Section 45240) of Chapter 5 of this part, unless specifically provided herein. This article shall where appropriate apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of Chapter 5 of this part.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

division: 3. LOCAL ADMINISTRATION

part: 25. EMPLOYEES

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 1. Employees

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 3. LOCAL ADMINISTRATION > 25. EMPLOYEES > 1. Employees > 3. Interchange Between Certificated and Classified Positions


text: If a person employed by the county superintendent of schools in a position requiring certification qualifications is assigned to a position under the same superintendent not requiring certification qualifications, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by him at the time of assignment to the position not requiring certification qualifications shall be secured to him for a period of 39 months from the time of acceptance of the classified position. His return to certificated service at any time within the 39 months shall be treated as if there had not been an interruption in his certificated service.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 3. Interchange Between Certificated and Classified Positions


text: If a person employed by the county superintendent of schools in a position not requiring certification qualifications is assigned to a position under the same superintendent requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by him at the time of assignment to the position requiring certification qualifications. All seniority and permanency rights shall be secured to such an employee for a period of 39 months from the date of his acceptance of the certificated position. Such an employee shall be eligible to return to and assume the duties of his prior classified position at any time during the 39 months and his return shall be treated as if there had not been an interruption in his classified service.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position requiring certification qualifications is assigned to a position in the classified service of the same district, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by the employee at the time of assignment to the position in the classified service shall be secured to the employee during the period of time he or she occupies a position in the classified service. The employee’s return to certificated service at any time shall be treated as if there had not been an interruption in his or her certificated service.

history: (History: Amended by Stats. 1985, Ch. 1038, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position in the classified service is assigned to a position in the same district requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by the employee at the time he or she is assigned to a position requiring certification qualifications. All seniority and permanency rights shall be secured to the employee during the period of time he or she occupies a position in the certificated service. The employee’s return to the classified service at any time shall be treated as if there had not been an interruption in his or her classified service.

history: (History: Amended by Stats. 1985, Ch. 1038, Sec. 2.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Except as provided in subdivision (d), any person employed on or after July 1, 1963, by a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5 of this part, or by a county superintendent of schools, in a position in which 50 percent or more of his or her duties performed during the school year, whether performed in a particular school or district or countywide, consist of rendering service in directing, coordinating, supervising or administering any portion or all of the types of functions listed below in this section shall hold a valid teaching or service credential as appropriate, whichever is designated in regulations adopted by the Commission on Teacher Credentialing, authorizing the particular service.

The types of functions are:

(1) The work of instructors and the instructional program for pupils.

(2) Educational or vocational counseling, guidance and placement services.

(3) School extracurricular activities related to, and an outgrowth of, the instructional and guidance program of the school.

(4) Planning courses of study to be used in the public schools of the state.

(5) The selection, collection, preparation, classification or demonstration of instructional materials of any course of study for use in the development of the instructional program in the schools of the state.

(6) Research connected with the evaluation and efficiency of the instructional program.

(7) The school health program.

(8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils.

(9) The school library services.

(10) The preparation and distribution of instructional materials.

(11) The in-service training of teachers, principals, or other certificated personnel.

(12) The interpretation and evaluation of the school instructional program.

(13) The examination, selection, or assignment of teachers, principals, or other certificated personnel involved in the instructional program.

(b) Any person who was employed by a district or by a county superintendent of schools before July 1, 1963, to perform any of the services designated by the Commission on Teacher Credentialing to require a supervision or administration credential, may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed to perform the same services in that county superintendent’s office or in that district in which he was employed on that date, or is continuously employed to perform the same services in a district which results from a reorganization involving the same district.

(c) Notwithstanding any other provision of law, the governing board of any school district maintaining kindergarten or any of grades 1 to 12, inclusive, or providing adult education classes, may employ for purposes of instructing apprentices duly registered with the Division of Apprenticeship Standards, persons holding any of the following valid credentials:

(1) A community college instructor credential.

(2) A community college limited service credential.

(3) A community college special limited service credential.

(d) Notwithstanding subdivision (a), a school district or county superintendent of schools may hire persons who do not hold valid teaching or service credentials to perform the examination, selection or assignment of teachers, principals, or certificated personnel involved in the instructional program.

history: (History: Amended by Stats. 1986, Ch. 916, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
A governing board of any school district or a county board of education or a county superintendent of schools or other appointing authority shall not require an employee or applicant to possess any certification, license, or other credential unless the possession of such a certification, license, or other credential is required by statute or is based upon a bona fide occupational qualification.

It is the intent of the Legislature that any person who had served in a position for which certification, license, or other credential not necessitated by statute or bona fide occupational qualification, had been required, and in a position which was designated by the governing board as a position requiring certification qualifications, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds such position and it is further the intent of the Legislature that such position shall be deemed to be a certificated position for as long as such person holds such position.

history: (History: Amended by Stats. 1977, Ch. 699.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Any person who, on September 15, 1961, is serving in a position for which a credential was issued or certification qualifications required pursuant to Section 44286 prior to the repeal of such sections, shall be deemed to be an employee in a position requiring such credential or certification qualifications for as long as he holds such position after September 15, 1961.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Any person who, on June 30, 1965, was serving in a position requiring certification qualifications pursuant to the provisions of subdivisions (m), (n), and (o) of Section 13055 as amended by Chapter 840 of the Statutes of 1963, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position.

history: (History: Amended by Stats. 1986, Ch. 916, Sec. 2.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: Any person who, on July 1, 1986, was serving in a position requiring certification qualifications pursuant to the provisions of paragraph (6) of subdivision (a) of Section 44065 as amended by Chapter 905 of the Statutes of 1985, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position.

history: (History: Added by Stats. 1986, Ch. 916, Sec. 3.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) Any person who, on September 17, 1965, was serving in a position as business manager and had been assigned a title listed in Section 35028 shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district.

(b) Any person who, on March 4, 1972, was serving in a position of business manager and that position had been declared, by the governing board, to be one requiring certification qualifications in accordance with the authority extended in this section prior to March 4, 1972, shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district.

(c) Except as provided in subdivision (d), on and after March 4, 1972, no person employed in a position of business manager shall be required to be credentialed and no title assignment, work, duty statement or other device, including but not limited to educational or other requirements of applicants, which may be established by the governing board, may be construed to require certification qualifications for any such position or reasonably related position.

(d) The governing board of any school district with less than 3,000 units of average daily attendance in the prior fiscal year may require any person employed in a position of business manager to be credentialed.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) The Legislature finds and declares the following:

(1) Generally, California school districts employ a disproportionately low number of racial and ethnic minority classified and certificated employees and a disproportionately low number of women and members of racial and ethnic minorities in administrative positions.

(2) It is educationally sound for the minority student attending a racially impacted school to have available to him or her the positive image provided by minority classified and certificated employees. It is likewise educationally sound for the child from the majority group to have positive experiences with minority people, that can be provided, in part, by having minority classified and certificated employees at schools where the enrollment is largely made up of majority group students. It is also educationally important for students to observe that women as well as men can assume responsible and diverse roles in society.

(3) Past employment practices created artificial barriers and past efforts to promote additional action in the recruitment, employment, and promotion of women and minorities did not result in a substantial increase in employment opportunities for these persons.

(4) Lessons concerning democratic principles and the richness that racial diversity brings to our national heritage can be best taught by staffs composed of mixed races and ethnic groups working toward a common goal.

(b) It is the intent of the Legislature to do all of the following:

(1) Establish and maintain a policy of equal opportunity in employment for all persons.

(2) Prohibit discrimination 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 Section 12940 of the Government Code, in every aspect of personnel policy and practice in the employment, development, advancement, and treatment of persons employed in the public school system.

(3) Promote the total realization of equal employment opportunity through a continuing affirmative action employment program.

(c) The Legislature recognizes that it is not enough to proclaim that public employers do not discriminate in employment, but that effort must also be made to build a community in which opportunity is equalized. It is the intent of the Legislature to require educational agencies to adopt and implement plans for increasing the numbers of women and minority persons at all levels of responsibility.

history: (History: Amended by Stats. 2004, Ch. 788, Sec. 1. Effective January 1, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Affirmative Action Employment

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 3. LOCAL ADMINISTRATION > 25. EMPLOYEES > 1. Employees > 4. Affirmative Action Employment


text:
For the purposes of this article the following definitions apply:

(a) (1) “Affirmative action employment program” means planned activities designed to seek, hire, and promote persons who are underrepresented in the work force compared to their numbers in the population, including individuals with disabilities, women, and persons of minority racial and ethnic backgrounds. It is a conscious, deliberate step taken by a hiring authority to assure equal employment opportunity for all staff, both certificated and classified. These programs require the employer to make additional efforts to recruit, employ, and promote members of groups formerly excluded at the various levels of responsibility who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. These programs should be designed to remedy the exclusion, whatever its cause.

(2) Affirmative action requires imaginative, energetic, and sustained action by each employer to devise recruiting, training, and career advancement opportunities that will result in an equitable representation of women and minorities in relation to all employees of the employer.

(b) “Goals and timetables” means projected new levels of employment of women and minority racial and ethnic groups to be attained on an annual schedule, given the expected turnover in the work force and the availability of persons who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. Goals are not quotas or rigid proportions. They should relate both to the qualitative and quantitative needs of the employer.

(c) “Public education agency” means the Department of Education, each office of the county superintendent of schools, and the governing board of each school district in California.

history: (History: Amended by Stats. 2004, Ch. 788, Sec. 2. Effective January 1, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Affirmative Action Employment


text: Each county superintendent of schools shall render assistance in developing and implementing affirmative action employment programs to elementary school districts under his jurisdiction which had fewer than 901 units of average daily attendance during the preceding fiscal year, and to high school districts under his jurisdiction which had fewer than 301 units of average daily attendance during the preceding fiscal year, and to unified school districts under his jurisdiction which had fewer than 1,501 units of average daily attendance during the preceding fiscal year.

history: (History: Added by Stats. 1977, Ch. 1090.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Affirmative Action Employment


text: The department, out of funds appropriated for such purposes, (1) shall provide assistance to local educational agencies in adopting and maintaining high-quality affirmative action programs and (2) develop and disseminate to public education agencies guidelines to assist the agencies in developing and implementing affirmative action employment programs.

history: (History: Amended by Stats. 1994, Ch. 922, Sec. 75. Effective January 1, 1995.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Affirmative Action Employment


text: The State Board of Education shall adopt all necessary rules and regulations to carry out the intent of this article.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 4. Affirmative Action Employment


text: This article shall be known and may be referred to as the Reporting by School Employees of Improper Governmental Activities Act.

history: (History: Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 3. LOCAL ADMINISTRATION > 25. EMPLOYEES > 1. Employees > 5. Reporting by School Employees of Improper Governmental Activities


text: It is the intent of the Legislature that school employees and other persons disclose, to the extent not expressly prohibited by law, improper governmental activities.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 5. Reporting by School Employees of Improper Governmental Activities


text:
For the purposes of this article, the following terms have the following meanings:

(a) “Employee” means a public school employee as defined in subdivision (j) of Section 3540.1 of the Government Code.

(b) “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.

(c) “Improper governmental activity” means an activity by a public school agency or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that activity is within the scope of his or her employment, and that meets either of the following descriptions:

(1) The activity violates a state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty.

(2) The activity is economically wasteful or involves gross misconduct, incompetency, or inefficiency.

(d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing.

(e) “Protected disclosure” means a good faith communication that discloses or demonstrates an intention to disclose information that may evidence either of the following:

(1) An improper governmental activity.

(2) Any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.

(f) “Public school employer” has the same meaning as in subdivision (k) of Section 3540.1 of the Government Code.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article.

(b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.

(c) For the purpose of subdivision (a), “official agent” includes a school administrator, member of the governing board of a school district or county board of education, county superintendent of schools, or the Superintendent of Public Instruction.

(d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party.

(e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law.

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text:
(a) A public school employee or applicant for employment with a public school employer who files a written complaint with his or her supervisor, a school administrator, or the public school employer alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 44113 for having disclosed improper governmental activities or for refusing to obey an illegal order may also file a copy of the written complaint with the local law enforcement agency together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the local law enforcement agency shall be filed within 12 months of the most recent act of reprisal that is the subject of the complaint.

(b) A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year. Any public school employee, officer, or administrator who intentionally engages in that conduct shall also be subject to discipline by the public school employer. If no adverse action is instituted by the public school employer and it is determined that there is reasonable cause to believe that an act of reprisal, retaliation, threats, coercion, or similar acts prohibited by Section 44113 occurred, the local law enforcement agency may report the nature and details of the activity to the governing board of the school district or county board of education, as appropriate.

(c) In addition to all other penalties provided by law, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, an action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the local law enforcement agency.

(d) This section is not intended to prevent a public school employer, school administrator, or supervisor from taking, failing to take, directing others to take, recommending, or approving a personnel action with respect to a public school employee or applicant for employment with a public school employer if the public school employer, school administrator, or supervisor reasonably believes the action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure as defined in subdivision (e) of Section 44112.

(e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective public school employee, the burden of proof shall be on the supervisor, school administrator, or public school employer to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the public school employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, school administrator, or public school employer fails to meet this burden of proof in an adverse action against the public school employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the public school employee shall have a complete affirmative defense in the adverse action.

(f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of a public school employee under any other federal or state law or under an employment contract or collective bargaining agreement.

(g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action.

history: (History: Amended by Stats. 2001, Ch. 159, Sec. 68. Effective January 1, 2002.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION


text: This chapter shall be known and may be cited as the “Teacher Credentialing Law of 1988” or “The Bergeson Act.”

history: (History: Amended by Stats. 1989, Ch. 1360, Sec. 24.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

chapter: 2. Teacher Credentialing

article: 1. General Provisions

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 3. LOCAL ADMINISTRATION > 25. EMPLOYEES > 2. Teacher Credentialing > 1. General Provisions


text: It is the intent of the Legislature that the commission shall exercise authority over all services provided to pupils in grade 12 or below. It is not the intent of the Legislature to authorize the commission to issue credentials authorizing service in grades 13 and 14, or in any institution of higher education.

history: (History: Amended by Stats. 2024, Ch. 471, Sec. 13. (SB 1329) Effective January 1, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. General Provisions


text:
In this chapter, the following terms shall be defined as specified in this section:

(a) “Authorization” means the designation that appears on a credential, certificate, or permit that identifies the subjects and circumstances in which the holder of the credential, certificate, or permit may teach, or the services that the holder may render in the public schools of this state.

(b) (1) “Basic teaching credential” means either of the following:

(A) A credential that authorizes the holder to teach the subjects named on the credential, and for which possession of a baccalaureate degree from a regionally accredited institution of higher education and completion of a professional preparation program that includes student teaching or completion of a district internship program pursuant to Section 44325 are minimum requirements.

(B) A clear designated subjects teaching credential that authorizes the holder to teach the subjects named on the credential on a full-time basis if the holder also possesses a baccalaureate degree from a regionally accredited institution of higher education and has passed the state basic skills proficiency test.

(2) A basic teaching credential meets the prerequisite teaching credential requirement for any other teaching, specialist, or service credential the commission is authorized to issue.

(c) “Beginning teacher assessment” means a process that has been adopted or approved by the commission for measuring the performances of the holders of preliminary teaching credentials in order to help them improve, and to determine whether their performances satisfy the commission’s standards of performance for earning the clear teaching credential.

(d) “Beginning teacher support” means a combination of assistance, guidance, encouragement, and diagnostic assessment that helps the holders of preliminary teaching credentials to fulfill their professional responsibilities effectively during the first year or two years of classroom teaching, and that satisfies standards of support adopted by the commission.

(e) “Institution of higher education” means an institution that grants baccalaureate or higher degrees.

(f) “Professional teacher certification requirements” means a policy of requiring each beginning teacher to complete a program of planned support and systematic assessment, as determined by the commission, as a condition for earning a clear teaching credential.

(g) “Regionally accredited” means either of the following:

(1) (A) An institution of higher education that has been accredited by the Accrediting Commission for Senior Colleges and Universities, the Western Association of Schools and Colleges, the Higher Learning Commission, the Middle States Commission on Higher Education, the Northwest Commission on Colleges and Universities, the New England Commission of Higher Education, or the Southern Association of Colleges and Schools Commission on Colleges.

(B) A community or junior college that confers baccalaureate degrees and is regionally accredited by an accrediting agency listed in subparagraph (A) or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may meet this definition.

(2) An institution of higher education that held preaccreditation status at the time the degree of an applicant for a credential was conferred, if the institution achieved full regional accreditation status within five years of earning preaccreditation status.

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

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 1. General Provisions


text:
(a) There is hereby established in the state government the Commission on Teacher Credentialing, to consist of 15 voting members, 14 of whom shall be appointed by the Governor with the advice and consent of the Senate, as specified in paragraphs (2) to (9), inclusive. The commission shall consist of the following members:

(1) The Superintendent or the Superintendent’s designee.

(2) (A) Six practicing teachers from public elementary and secondary schools in California, except as provided in subparagraph (B).

(B) Of the six members appointed pursuant to this paragraph, one member may be a teacher holding a commission-issued child development teacher permit who teaches at a state-funded preschool program or prekindergarten program licensed pursuant to Chapter 19 of Division 1 of Title 5 of the California Code of Regulations.

(3) One person who is employed on the basis of a services credential other than an administrative services credential.

(4) One member of the governing board of a school district.

(5) One early childhood faculty member representing the early childhood higher education systems who teaches at either (A) an early childhood or child development baccalaureate degree program at one of the California State University or University of California campuses or (B) an associate degree program in one of the California Community Colleges’ early childhood education programs. The Governor shall make the initial appointment pursuant to this paragraph upon the occurrence of the first vacancy of a public representative position, as described in paragraph (6), that occurs on or after January 1, 2026.

(6) Three representatives of the public, until the first vacancy of a member appointed pursuant to this paragraph that occurs on or after January 1, 2026, after which there shall be two representatives of the public. The occurrence of this vacancy shall not affect the status of the remaining two public representatives that had previously been appointed. None of these persons shall have been employed by an elementary or secondary school district in a position requiring certification, or shall have served as a school district governing board member in the five-year period immediately before the public member’s appointment to the commission.

(7) One school administrator in a public elementary or secondary school in California.

(8) One certificated human resources administrator in a public elementary or secondary school in California.

(9) One faculty member from a college or university that grants baccalaureate degrees.

(b) With the exception of the representatives of the public and the Superintendent, the appointment of a member shall terminate if the member is no longer a practicing teacher in a public elementary or secondary school or a teacher holding a commission-issued child development permit as described in paragraph (2) of subdivision (a), a person who is employed on the basis of a valid services credential, a school administrator, a certificated human resources administrator, a faculty member of a college or university that grants baccalaureate degrees, a faculty member as described in paragraph (5) of subdivision (a), or a member of the governing board of a school district, as may be the case, in California.

(c) Not more than one member of the commission is to be appointed from the same school district or college or university campus.

(d) Commencing July 1, 1989, four members shall be appointed to the commission for terms of two years, five members for terms of three years, and five members for terms of four years.

(e) Each appointment pursuant to this section shall expire on November 20 of the year of expiration of the applicable term. All appointments made pursuant to this section are subject to Section 44213.

history: (History: Amended by Stats. 2025, Ch. 181, Sec. 1. (AB 1123) Effective January 1, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing

path: 2. ELEMENTARY AND SECONDARY EDUCATION > 3. LOCAL ADMINISTRATION > 25. EMPLOYEES > 2. Teacher Credentialing > 2. Commission on Teacher Credentialing


text: It is the intent of the Legislature that appointees to the commission reflect the ethnic and cultural diversity of the California public schools.

history: (History: Added by Stats. 1988, Ch. 1355, Sec. 4.6.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Representatives of statewide organizations may submit for the Governor’s consideration the names of distinguished individuals to serve on the commission.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Association of Independent California Colleges and Universities shall each appoint a representative to serve as an ex officio member without a vote in proceedings of the commission.

(b) The ex officio members shall not vote in the proceedings of the commission or in any of its committees or subcommittees, except, by a majority vote of the commission, ex officio members may be permitted to vote in committees or subcommittees in order to establish a quorum or as otherwise determined by majority vote of the commission.

history: (History: Amended by Stats. 2020, Ch. 370, Sec. 59. (SB 1371) Effective January 1, 2021.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Except as otherwise provided pursuant to Section 44210, upon the expiration of the term of office of an appointive member of the commission, the member’s successor shall be appointed for a term of four years. No person shall be appointed by the Governor to serve more than two consecutive full terms. Prior service on the commission for a term of less than three years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be counted as a full term.

history: (History: Amended by Stats. 1988, Ch. 1355, Sec. 4.8.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: If a member is absent from any four regularly scheduled meetings in any calendar year, his or her office as a member of the commission shall be deemed vacant. The chairperson of the commission shall forthwith notify the Governor that the vacancy exists.

history: (History: Amended by Stats. 1990, Ch. 216, Sec. 15.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Except as provided pursuant to Section 44217 with respect to private citizens, the members of the commission shall serve without compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties.

history: (History: Amended by Stats. 1978, Ch. 442.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Whenever an employee of any public school district, state college, or other public agency is appointed to membership on the commission, his employer shall grant him sufficient time away from his regular duties, without loss of income or other benefits to which he is entitled by reason of his employment, to attend meetings of the commission and to attend to the duties imposed upon him by reason of his membership on the commission. The employer of any such member may make available such stenographic, secretarial, and staff assistance as is reasonably necessary to enable him to execute the duties imposed upon him by reason of his membership on the commission.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
The compensation of the members of the commission who are public employees shall not be reduced by the agency or body by which they are regularly employed for any absence from service occasioned by attendance upon the business of the commission, its committees or subcommittees.

Each school district which employs a member of the commission and which is required to employ a person to replace such member during his attendance at meetings of the commission or any committee or subcommittee thereof, shall be reimbursed from the Teacher Credentials Fund for the cost incurred by employing a replacement.

A private citizen member may be provided from the Teacher Credentials Fund a stipend of up to fifty dollars ($50) per day, exclusive of per diem, for attendance at a meeting of the commission or any committee or subcommittee thereof, if such attendance results in loss of income.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The commission by majority vote of all its members shall elect its own chairman from among its members.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
The commission shall meet as deemed appropriate and necessary by the chairperson and the executive committee to accomplish its duties, but shall meet no fewer than once each quarter of the year.

In order that any allegation of misconduct and the effect thereof, if any, upon the application or credential of a certified employee are determined, as required by subdivision (b) of Section 44244, no later than six months after an investigation is commenced, the commission or the Committee of Credentials shall meet more frequently than once each quarter, if possible.

history: (History: Amended by Stats. 2005, Ch. 73, Sec. 6. Effective July 19, 2005.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The commission shall appoint an executive director, who shall be exempt from the provisions of the State Civil Service Act, and may in its discretion remove him or her by a majority vote of all its members. He or she shall be the secretary to the commission and its chief executive officer. He or she shall receive the salary that the commission determines, and, subject to appropriation, other prerequisites that the commission determines.

(b) Any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate is delegated to the executive director, unless the commission specifically has reserved the same for its own action.

(c) Pursuant to subdivision (aa) of Section 11126 of the Government Code, the commission may hold closed sessions when considering matters relating to the recruitment, appointment, employment, or removal of the executive director.

history: (History: Amended by Stats. 1992, Ch. 1050, Sec. 1. Effective January 1, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
The commission may employ personnel as necessary to carry out its duties and responsibilities. The staff of the commission shall be subject to the provisions of the State Civil Service Act contained in Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code.

All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred to the Commission on Teacher Credentialing or engaged in the administration of a law, the administration of which is transferred to the commission, shall remain in the state civil service and may request transfer to the commission or remain with the department on the effective date of this section. The status, position, and rights of any person shall not be affected by his or her transfer and shall continue to be retained pursuant to the State Civil Service Act, except as to positions the duties of which are vested in a position that is exempt from civil service.

history: (History: Amended by Stats. 2009, Ch. 53, Sec. 1. (SB 512) Effective January 1, 2010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The Governor may appoint one deputy to the executive director of the commission. A deputy to the executive director appointed pursuant to this section shall be exempt from state civil service pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution.

(b) It is the intent of the Legislature that appointments to the exempt position described in subdivision (a) do not result in an increase in the amount appropriated to the commission in the annual Budget Act or a net increase in the expenditures of the commission.

history: (History: Added by Stats. 2024, Ch. 889, Sec. 1. (SB 1263) Effective January 1, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The Department of Education shall assist the commission in any manner the commission may request in implementing this chapter; provided that the department shall be reimbursed from the Teacher Credentials Fund for any expenses incurred in assisting the commission or the Committee of Credentials.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) (1) The commission and the department shall develop a survey no later than July 1, 2023, for purposes of collecting data from teachers of local educational agencies resigning their positions or electing not to accept a teaching assignment for the upcoming school year, including data on whether or not they are exiting the profession.

(2) In developing the survey pursuant to paragraph (1), the commission and the department shall gather input from education stakeholders.

(b) On and after the commencement of the 2023–24 school year, a local educational agency is encouraged to administer the survey developed by the commission and the department within 15 days of a teacher of the local educational agency resigning their position or electing not to accept a teaching assignment for the upcoming school year.

(c) In developing the survey pursuant to subdivision (a), the commission and the department may use existing resources, including, but not limited to, the California School Climate, Health, and Learning Survey.

(d) A local educational agency is encouraged to report the results of surveys administered pursuant to subdivision (b) to the commission on an annual basis.

(e) (1) The commission shall work with the department to prepare an annual report that compiles the data provided pursuant to subdivision (d), submit the report to the department and the Legislature, and post the report on its internet website.

(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(3) Paragraphs (1) and (2) shall be implemented only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute.

(f) It is the intent of the Legislature that the data from the surveys shall be used to examine future statewide investments on teacher recruitment and retention efforts.

(g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive.

history: (History: Added by Stats. 2022, Ch. 924, Sec. 1. (SB 1487) Effective January 1, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) For purposes of this section, “campaign” means the public awareness campaign described in subdivision (b).

(b) The commission shall contract with a public relations organization, or other organization with similar expertise, to develop a public awareness campaign that highlights the value and benefits of educational careers in California’s public schools, spanning from prekindergarten and kindergarten to elementary and secondary schools serving pupils in any of grades 1 to 12, inclusive.

(c) The campaign shall recognize the value of the contributions made by public school teachers and encourage individuals to enter the teaching profession.

(d) The campaign shall include information about available high-quality teacher credentialing pathways and available financial supports.

(e) The campaign may include, but is not limited to, the development and distribution of statewide public service announcements relating to teacher recruitment and outreach to high school pupils and college students.

(f) It is the intent of the Legislature that the cost of the public awareness campaign established by this section not exceed nine hundred thousand dollars ($900,000).

history: (History: Added by Stats. 2023, Ch. 671, Sec. 1. (AB 934) Effective January 1, 2024.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
The commission shall do all of the following:

(a) Establish professional standards, assessments, and examinations for entry and advancement in the education profession. While the Legislature recognizes that the commission will exercise its prerogative to determine those requirements, it is the intent of the Legislature that standards, assessments, and examinations be developed and implemented for the following:

(1) (A) The preliminary teaching credential, to be granted upon possession of a baccalaureate degree from a regionally accredited institution of higher education, completion of an accredited program of professional preparation, and either successful passage of an examination or assessment that has been adopted or approved by the commission in the subject or subjects appropriate to the grade level to be taught, to include college-level reading, writing, and mathematics skills, or completion of an accredited program of subject matter preparation and successful passage of the basic skills proficiency test as provided for in Article 4 (commencing with Section 44250). The commission shall uniformly consider the results of the basic skills proficiency test in conjunction with other pertinent information about the qualifications of each candidate for a preliminary credential, and may award the credential on the basis of the overall performance of a candidate as measured by several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion. Upon application by a regionally accredited institution of higher education, the commission may categorically grant credit to coursework completed in an accredited program of professional preparation, as specified by this paragraph, by undergraduates of that institution, if the commission finds there are adequate assurances of the quality of necessary undergraduate instruction in the liberal arts and in the subject area or areas to be taught.

(B) Notwithstanding subparagraph (A), for single subject teaching credentials, the baccalaureate degree shall not be in the subject of professional education.

(2) The professional teaching credential, to be granted upon successful passage of a state examination or assessment in the subject or subjects appropriate to the grade level to be taught, to include college-level basic reading, writing, and mathematics skills, and completion of a period of beginning teacher support that includes assessments of ability to teach subject matter to pupils, ability to work well with pupils, classroom management, and instructional skills. A candidate who successfully passes the examination or assessment pursuant to paragraph (1) shall be deemed to have passed the state examination or assessment in the subject or subjects to be taught pursuant to this paragraph.

(b) (1) Reduce and streamline the credential system to ensure teacher competence in the subject field or fields, while allowing greater flexibility in staffing local schools. The commission shall award the following types of credentials to applicants whose preparation and competence satisfy its standards:

(A) Basic teaching credentials for teaching in kindergarten, or any of grades 1 to 12, inclusive, in public schools in the state.

(B) Credentials for teaching adult education classes and vocational education classes.

(C) Credentials for teaching specialties, including, but not necessarily limited to, bilingual education, early childhood education, and special education. The commission may grant credentials to any candidate who concurrently meets the commission’s standards of preparation and competence for the preliminary basic teaching credential and the preliminary specialty credential.

(D) Credentials for school services, for positions including, but not necessarily limited to, administrators, school counselors, speech-language therapists, audiologists, school psychologists, library media teachers, supervisors of attendance, and school nurses.

(2) The commission may establish standards and requirements for preliminary and professional credentials of each type.

(c) Review and, if necessary, revise the code of ethics for the teaching profession.

(d) Establish standards for the issuance and renewal of credentials, certificates, and permits. In setting standards, the commission shall seek to ensure, through its credentialing of teachers, that public school teachers satisfy all of the following criteria:

(1) Are academically talented.

(2) Are knowledgeable of the subjects to be taught in the classroom.

(3) Are creative and energetic.

(4) Have the human skills to motivate and inspire pupils to achieve their goals.

(5) Have the sensitivity to foster self-esteem in pupils through recognition that each pupil has their own goals, talents, and levels of development.

(6) Are willing to relate the educational process and their instructional strategies to meet the needs of pupils.

(7) Are able to work effectively with and motivate pupils from a variety of ethnic, socioeconomic, cultural, academic, and linguistic backgrounds.

(8) Have an understanding of principles and laws related to educational equity, and the equitable practice of the profession of education among all pupils regardless of their ethnicity, race, gender, age, religious background, primary language, or disabling condition.

(e) Determine the scope and authorization of credentials to ensure competence in teaching and other educational services, and establish sanctions for the misuse of credentials and the misassignment of credentialholders. The commission may grant an added or supplementary authorization to a credentialholder who has met the requirements and standards of the commission for the added or supplementary authorization. The commission shall exempt the holder of a teaching credential obtained before January 1, 1974, who adds an authorization by successfully completing a commission-approved subject matter examination, from the requirements of subdivision (e) of Section 44259 and Section 44261.

(f) Collect, compile, and disseminate information regarding exemplary practices in supporting and assessing beginning teachers.

(g) Establish alternative methods for entry into the teaching profession, and into other certificated roles in the schools, by persons in varying circumstances, including persons who have been educated outside of California, provided that each applicant satisfies all of the requirements established by the commission. One alternative method shall be the successful completion of at least two years of classroom instruction under a district intern certificate pursuant to Article 7.5 (commencing with Section 44325). In establishing alternative methods for entry into the teaching profession, the commission shall develop strategies to encourage classroom aides to become credentialed teachers.

(h) Adopt a framework and general standards for the accreditation of preparation programs for teachers and other certificated educators pursuant to Article 7 (commencing with Section 44320).

(i) Appoint classroom teachers, school administrators, other school services personnel, representatives of the public, and public or private higher education representatives to one or more standing committees, which shall be given authority to recommend to the commission standards relating to examinations, performance assessments, program accreditation, and licensing. The commission shall establish criteria for membership on those committees, and shall determine the terms of committee members. Appointments to standing committees by the commission shall reflect, to the extent feasible, the ethnic and cultural diversity of the California public schools.

(j) Consult with classroom teachers, faculty members from institutions of higher education that maintain accredited programs of professional preparation for teachers, administrators or other school services personnel, and other experts to aid in the development of examinations and assessments, and to study the impact of examinations and assessments on the teaching profession. To increase the fairness of its certification decisions, the commission may uniformly consider the results of tests, subtests, and assessments in conjunction with each other, and in conjunction with other pertinent information about the qualifications of each candidate. The commission may award credentials on the basis of average overall performances by candidates on several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion.

(k) Adopt standards for all examinations and assessments that shall ensure that all prospective teachers demonstrate an understanding of the history and cultures of the major ethnic populations of this state and of teaching strategies for the acquisition of English language skills by non-English-speaking pupils.

(l) Determine the terms of credentials, certificates, and permits, except that no credential, certificate, or permit shall be valid for more than five years from the date of issuance. This article shall govern the issuance of any credential, certificate, or permit, except as follows:

(1) A credential, certificate, or permit shall remain in force as long as it is valid and continues to be valid under the laws and regulations that were in effect when it was issued.

(2) The commission shall grant teaching credentials pursuant to statutes that were in effect on December 31, 1988, to candidates who, before the effective date of regulations to implement subdivision (a), were in the process of meeting the requirements for teaching credentials that were in effect on December 31, 1988, except that neither enrollment as an undergraduate student nor receipt of a baccalaureate degree from a regionally accredited institution of higher education before the effective date of the regulations shall, by itself, exempt a candidate from the requirements of subdivision (a). Enrollment in a preparation program for teachers before the effective date of the regulations shall not exempt a candidate from the requirements of paragraph (2) of subdivision (a), if the preliminary credential of the candidate was granted after the effective date of the regulations.

(m) (1) Review requests from school districts, county offices of education, private schools, and postsecondary institutions for the waiver of one or more of the provisions of this chapter or other provisions governing the preparation or licensing of educators. The commission may grant a waiver upon finding that the professional preparation equivalent to that prescribed under the provision or provisions to be waived will be, or has been, completed by the credential candidate or candidates affected, or that a waiver is necessary to accomplish any of the following:

(A) Give a local educational agency one semester or less to address unanticipated, immediate, short-term shortages of fully qualified educators by assigning a teacher who holds a basic teaching credential to teach outside of the teacher’s credential authorization, with the teacher’s consent.

(B) Provide credential candidates additional time to complete a credential requirement.

(C) Allow local school districts or schools to implement an education reform or restructuring plan.

(D) Temporarily exempt from a specified credential requirement small, geographically isolated regions with a severely limited ability to develop personnel.

(E) Provide other temporary exemptions when deemed appropriate by the commission.

(2) No provision in this chapter shall be waived under Sections 33050 and 33051, after June 30, 1994, by the state board.

(n) It is the intent of the Legislature that the commission develop models for voluntary use by California colleges and universities that do not have these models in place, to assist in the screening of applications for admission to teacher education programs. The models shall give emphasis to the following qualifications of the applicants: academic talent, knowledge of subjects to be taught, basic academic skills, creativity, experience in working with children and adolescents, ability to motivate and inspire pupils, and willingness to relate education to pupils with a wide variety of cultural, ethnic, and academic backgrounds. The commission may continue to administer the state basic skills proficiency test, in order (1) to use the results of this test in awarding preliminary teaching credentials and emergency permits, and (2) to enable colleges and universities to use this test in conjunction with other appropriate sources of information in teacher preparation admission decisions. However, it is the intent of the Legislature that applicants for admission to teacher preparation programs shall not be denied admission solely on the basis of state basic skills proficiency test results. The commission may recover the costs of administering and developing the test by charging examinees a fee for taking the test.

(o) It is the intent of the Legislature that the commission encourage colleges and universities to design and implement, by August 1, 1990, concentrated internship programs for persons who have attained a baccalaureate degree in the field in which they intend to teach. Those programs would be targeted at subject area shortages, would substitute for conventional training programs, and would include a full summer session of college-level coursework, a one-year internship, or the equivalent, a seminar throughout the internship, and a summer session following the internship. Educator preparation through internship programs shall be subject to Article 10 (commencing with Section 44370).

(p) Grant a field placement certificate to a candidate who has been admitted to an accredited program of professional preparation, and who must complete a supervised practicum in public elementary or secondary schools as a condition for completion of the program. The commission shall establish standards for the issuance of field placement certificates.

(q) Propose appropriate rules and regulations to implement Chapter 1355 of the Statutes of 1988.

(r) Adopt subject matter assessments for teaching credentials after developing those assessments jointly with the Superintendent.

history: (History: Amended by Stats. 2021, Ch. 663, Sec. 2. (AB 320) Effective January 1, 2022.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The Commission on Teacher Credentialing shall adopt standards for the issuance of teaching credentials to persons who received a score equal to or exceeding the minimum acceptable score set by the commission.

history: (History: Amended by Stats. 1994, Ch. 922, Sec. 76. Effective January 1, 1995.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include all of the following information:

(1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.

(2) The number of individuals recommended for credentials by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.

(3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4.

(4) The number of individuals receiving an emergency permit or credential waiver.

(5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to paragraph (1) of subdivision (d) of Section 44253.11.

(6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district:

(A) University internship.

(B) District internship.

(C) Emergency-style permit, including any emergency permit, short-term staff permit, or provisional intern permit.

(D) Waiver of certification.

(E) Teaching permit for statutory leave issued pursuant to Division 8 of Title 5 of the California Code of Regulations.

(F) Preliminary or clear credential.

(G) An authorization issued pursuant to Section 44253.3.

(H) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available.

(I) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may use data from the department’s Annual Language Census Survey to report the data required pursuant to this paragraph.

(7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits.

(b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commission’s internet website.

(c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following:

(1) The University of California system.

(2) The California State University system.

(3) Independent colleges and universities that offer teacher preparation programs approved by the commission.

(4) Other institutions that offer teacher preparation programs approved by the commission.

(d) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs. These reports shall be made publicly available on the commission’s internet website. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9, for these purposes.

(e) The commission may use information obtained from the department garnered through the California Longitudinal Pupil Achievement Data System to facilitate the development of the annual Teacher Supply Report as outlined in subdivision (a) and to analyze and publicly report educator workforce trends, including, but not limited to, recipients of commission-issued grants, teacher shortage indicators defined in subdivision (b) of Section 44258.9, preparation program workforce placements, and workforce mobility, retention, and attrition.

(f) For purposes of this section, “authorization” has the same meaning as defined in subdivision (a) of Section 44203.

history: (History: Amended by Stats. 2026, Ch. 65, Sec. 57. (AB 126) Effective July 9, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The commission may approve a school district request for the assignment of an individual pursuant to subdivision (m) of Section 44225 or Section 44300 if the district has certified by an annual resolution of the governing board that it has made reasonable efforts to recruit a fully prepared teacher for the assignment. If a suitable fully prepared teacher is not available to a school district, the district under all circumstances shall make reasonable efforts to recruit an individual for the assignment, in the following order:

(1) A candidate who is qualified to participate and enrolls in an approved internship program in the region of the school district.

(2) A candidate who is scheduled to complete preliminary credential requirements within six months. The commission shall assure that the employer will provide orientation, guidance, and assistance to the candidate.

(b) If a suitable individual who meets the priorities listed in subdivision (a) is not available to the school district, the district, as a last resort, may request approval for the assignment of a person who does not meet that criteria.

(c) As the supply of teaching interns increases as a result of legislative efforts to expand the Alternative Certification Program, the commission shall notify school districts that state policy directs the assignment of interns to classrooms when available in a given region, with decreased reliance on persons serving on emergency permits or credential waivers.

(d) As the supply of fully prepared teachers increases as a result of the Legislature’s efforts to recruit and retain qualified teachers for California classrooms, the commission shall notify school districts that state policy directs the assignment of fully prepared teachers to California classrooms, with the use of permits or waivers only when school districts are geographically isolated from teacher preparation programs or in the case of unanticipated, short-term need for the assignment of personnel.

(e) As used in this section, a “fully prepared teacher” means an individual who has completed a teacher preparation program. For purposes of this subdivision, a “teacher preparation program” means either a set of courses, including supervised field experience, or an equivalent alternative program, that provides a curriculum of systematic preparation for serving as an educator in California public schools.

history: (History: Amended by Stats. 2008, Ch. 518, Sec. 1. Effective January 1, 2009.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) All teacher preparation programs, regardless of program sponsor, including, but not limited to, local educational agencies or other programs that are not accredited by the Western Association of Schools and Colleges, shall provide information to prospective candidates regarding the license examination passage rates of completers of its program for the most recent available year, if that data is available electronically through the Internet Web site of the Commission on Teacher Credentialing.

(b) For purposes of subdivision (a), “provide” includes placement of an Internet Web site address labeled as an access point for data on the passage rates of program completers on the Internet Web site of the program where enrollment information for the program is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems or programs with multiple campuses, or on an application for enrollment or other program information distributed to prospective candidates.

(c) The commission shall provide all teacher preparation programs with the appropriate electronic link to comply with the provisions of subdivision (a). To the extent feasible, the link may also include access to additional data from the commission and from the California Longitudinal Teacher Integrated Data Education System regarding the types of programs offered and data on program effectiveness.

history: (History: Added by Stats. 2010, Ch. 248, Sec. 2. (AB 2086) Effective January 1, 2011.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The commission may receive donations, bequests, grants, and philanthropic funding, subject to such conditions or restrictions as the executive director of the commission may deem advisable, and subject to the approval of the Director of Finance as provided in Section 11005 of the Government Code.

history: (History: Added by Stats. 2019, Ch. 51, Sec. 25. (SB 75) Effective July 1, 2019.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The commission may approve any regionally accredited institution of higher education to recommend to the commission the issuance of credentials to persons who have successfully completed a teacher education program of the institution if the program meets the standards approved by the commission.

(b) A regionally accredited institution of higher education whose teacher education program has been accredited by the commission shall approve and electronically submit credential applications to the commission, and the commission shall grant credentials to these applicants based upon that approval.

(c) Notwithstanding any other law, the commission may approve for credit any coursework completed for credential purposes or for step increases in programs offered in California by out-of-state institutions of higher education that meet the requirements prescribed by Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 only if the program of courses is offered by a regionally accredited institution of higher education and evidence of satisfactory evaluation by that accrediting body is submitted by the out-of-state institution to the commission for purposes of seeking approval of the program and any courses within that program to enable potential teachers to meet one or more requirements for a teaching credential in California.

history: (History: Amended by Stats. 2021, Ch. 663, Sec. 4. (AB 320) Effective January 1, 2022.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The Legislature hereby establishes the Science, Technology, Engineering, Math, and Career Technical Education Educator Credentialing Program for purposes of providing alternative routes to credentialing.

(b) No later than June 1, 2010, the commission, in consultation with the Committee on Accreditation established pursuant to Section 44373, shall develop a process to authorize additional high-quality alternative route educator preparation programs provided by school districts, county offices of education, community-based organizations, and nongovernmental organizations. Organizations participating in this project may offer educator preparation programs for any science, mathematics, and career technical education credential type issued by the commission if the organization meets the requirements for being authorized pursuant to criteria established by the commission.

(c) The commission shall authorize community-based or nongovernmental organizations accredited by an accrediting organization that is recognized by the Council for Higher Education Accreditation and the United States Department of Education.

(d) Participating organizations shall electronically submit credential applications to the commission.

(e) The commission may assess a fee on a community-based or nongovernmental organization that is seeking approval to participate in the program. For purposes of this section, an independent college or university in California is not a community-based or nongovernmental organization.

history: (History: Amended by Stats. 2022, Ch. 301, Sec. 9. (SB 1057) Effective January 1, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) It is the intent of the Legislature that college and university faculty members who teach courses relating to teaching or administrative methods in programs of professional preparation that are approved by the Commission on Teacher Credentialing have direct knowledge of the way that public elementary and secondary schools function and operate.

(b) The Commission on Teacher Credentialing, in cooperation with public and private postsecondary institutions operating teacher education programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to teaching methods in an approved program of professional preparation actively participates in public elementary or secondary schools and classrooms at least once every three academic years.

(c) The commission, in cooperation with public and private postsecondary institutions operating administrative services credential programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to administrative methods as defined by the commission in an approved program of professional preparation actively participates in public elementary or secondary schools or classrooms at least once every three academic years.

(d) The commission shall exempt from this requirement faculty members whose primary assignments are in departments or schools other than education.

history: (History: Amended by Stats. 1989, Ch. 1057, Sec. 1.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The Legislature encourages institutions of higher education to provide, in teacher training programs, increased emphasis on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders. Experts in the field of these disabilities should be utilized for that purpose.

history: (History: Added by Stats. 1990, Ch. 1501, Sec. 3.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: To assist in approving teacher education programs, the commission may appoint panels of educators, including public school classroom teachers, and lay persons to serve as members of visiting teams to institutions and school districts having such programs. The provisions of Sections 44215, 44216, and 44217 shall be applicable to such panels of educators.

history: (History: Amended by Stats. 1977, Ch. 36.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The commission shall invite the public, the teaching profession, and interested professional groups and associations to appear before it and submit proposals for commission consideration and action.

history: (History: Enacted by Stats. 1976, Ch. 1010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder.

(2) Notwithstanding any other law, except as provided for in Sections 10871, 44230.6, and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction.

(b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the status of, and information set forth in, that application. For purposes of this subdivision, “agency” means a charter school, school district, county office of education, nonpublic school or agency, or institution of higher education having a commission-approved program of professional preparation.

history: (History: Amended by Stats. 2024, Ch. 471, Sec. 15. (SB 1329) Effective January 1, 2025.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The nonpersonally identifiable educator identification number shall be used for sharing data, including, but not limited to, information obtained pursuant to Sections 44225.6 and 44258.9, with local educational agencies and the department. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code.

(b) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school.

history: (History: Amended by Stats. 2019, Ch. 782, Sec. 1. (AB 1219) Effective January 1, 2020.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University.

(b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).

(c) (1) The commission shall directly collect voluntary demographic data as to the ancestry or ethnic origin of California credential applicants and voluntary self-identification information pertaining to sexual orientation and gender identity of an initial or renewal applicant who submits an application online or in paper form as part of the initial or renewal application, or who completes a recommendation for an applicant formally recommended by a commission-approved program. The collection of this data on the application shall meet the requirements of paragraph (1) of subdivision (b) of Section 8310.8 of the Government Code.

(2) The commission shall not disclose personally identifiable information collected pursuant to this subdivision.

history: (History: Amended by Stats. 2021, Ch. 252, Sec. 14. (AB 167) Effective September 23, 2021.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Unless otherwise specified, the meetings of the commission shall be open and public and due notice of their time and place shall be posted.

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: The commission may enter into contracts with comparable agencies in other states in order to facilitate the relocation of qualified teachers from one state to another and to expedite other matters related to ascertaining qualifications of credentialed teachers and other educators.

history: (History: Added by Stats. 1992, Ch. 1050, Sec. 3. Effective January 1, 1993.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) There is in the State Treasury the Teacher Credentials Fund. All fees levied and collected by the commission shall be deposited in the Teacher Credentials Fund and shall not be transferred to any other fund.

(b) Notwithstanding any other law, if at the beginning of any fiscal year the commission has unencumbered funds in an amount which is in excess of its operating budget, plus funds required to implement statutory mandates and other changes to teacher credentials, plus a prudent reserve, which reserve shall not exceed 10 percent of the total amount that the commission is authorized to spend in that fiscal year, as determined by the Department of Finance, the department shall recommend a reduction in credential or other fees, whether fixed by statute or determined by this commission within limits fixed by statute, in an amount which will reduce any surplus funds of the commission.

(c) Nothing in this section shall preclude the implementation of multiyear mandates that require a reserve amount that is greater than 10 percent in one fiscal year.

history: (History: Amended by Stats. 1994, Ch. 816, Sec. 1. Effective January 1, 1995.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) (1) Fees shall be levied by the commission for the issuance and renewal of teaching and service credentials. Commencing January 1, 1987, the fee for the issuance and renewal of teaching and service credentials shall be fifty dollars ($50). In subsequent years, through June 30, 2026, the commission may set a different fee, but in no case shall a fee exceed one hundred dollars ($100) without express legislative approval.

(2) Commencing July 1, 2026, the fee for the issuance of teaching and service credentials shall not exceed one hundred dollars ($100).

(3) Commencing July 1, 2026, the fee for the renewal of teaching and service clear credentials shall be one hundred twenty-five dollars ($125).

(b) A single fee, not to exceed the charge for a single supplemental credential, shall be charged for all supplemental credentials applied for at the same time as a teaching or service credential pursuant to subdivision (a).

(c) Subject to funds being appropriated expressly for this purpose in the annual Budget Act, fees authorized by this section shall be waived by the commission for first-time teaching credential applicants for the following credentials:

(1) Single subject credential.

(2) Multiple subject credential.

(3) Special education credential.

(4) Specialist instruction credential.

(d) Annually, as part of the budget review process, the Department of Finance shall recommend to the Legislature an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as determined by the Department of Finance pursuant to subdivision (b) of Section 44234.

history: (History: Amended by Stats. 2026, Ch. 65, Sec. 58. (AB 126) Effective July 9, 2026.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) Effective July 1, 1987, through June 30, 2023, all fees collected by the commission for tests, examinations, or assessments shall be deposited in the Test Development and Administration Account, which is hereby created in the Teacher Credentials Fund.

(b) Any proposed expenditures from this account shall be subject to the normal legislative budget review process.

(c) Except as otherwise provided in subdivision (e) or unless otherwise authorized by the Legislature, funds deposited in this account shall be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission.

(d) Funds in this account shall not be subject to the provisions of subdivision (b) of Section 44234.

(e) (1) If there is a deficiency in the Teacher Credentials Fund, the Department of Finance may authorize a loan from the Test Development and Administration Account to the Teacher Credentials Fund to the extent needed to cover the projected deficiency.

(2) Any loan made under this subdivision shall be repaid under the terms provided in the authorization.

history: (History: Amended by Stats. 2023, Ch. 48, Sec. 29. (SB 114) Effective July 10, 2023.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text:
(a) If in any month there are insufficient moneys in the Teacher Credentials Fund to satisfy monthly payroll obligations and scheduled claims, and there are moneys in the Test Development and Administration Account not required to meet any demand that has accrued or may accrue against it, the Controller shall transfer moneys from the Test Development and Administration Account to the Teacher Credentials Fund to the extent necessary to meet the immediate obligations of the Teacher Credentials Fund.

(b) Moneys transferred pursuant to subdivision (a) shall be returned to the Test Development and Administration Account as soon as there are sufficient moneys in the Teacher Credentials Fund to do so, but by no later than 60 days after the transfer was made.

(c) If sufficient moneys do not accumulate in the Teacher Credentials Fund within 60 days after the transfer was made, whatever portion of the amount received from the Test Development and Administration Account that is in the Teacher Credentials Fund at that time shall be returned to the Test Development and Administration Account. The remaining balance of the outstanding transfer, if any, shall be returned thereafter in monthly installments as moneys accumulate in the Teacher Credentials Fund. If the Teacher Credentials Fund fails to return the full amount of any transfer by the end of the fiscal year, the Teacher Credentials Fund shall be ineligible to receive further transfers until it has returned the full amount previously transferred from the Test Development and Administration Account.

(d) This section shall become inoperative on July 1, 2023.

history: (History: Amended by Stats. 2023, Ch. 48, Sec. 31. (SB 114) Effective July 10, 2023. Inoperative July 1, 2023, by its own provisions.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Within the limits set forth in this chapter, the commission may establish and collect fees to recover its costs for the development and administration of any subject matter examination adopted by the commission to implement the provisions of this chapter, unless the costs are recovered by appropriations from another source of funds.

history: (History: Added by Stats. 1988, Ch. 1355, Sec. 11.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing


text: Notwithstanding any other provision of law, the commission shall waive all application and processing fees for the initial issuance of a teaching credential to an out-of-state prepared applicant who relocates to California due to orders received from a branch of the United States Armed Forces that require the applicant’s spouse to relocate to California.

history: (History: Added by Stats. 2009, Ch. 125, Sec. 1. (AB 794) Effective January 1, 2010.)

title: 2. ELEMENTARY AND SECONDARY EDUCATION

article: 2. Commission on Teacher Credentialing