44000. Unless the context otherwise requires, the definitions set
forth in Sections 44000 to 44012, inclusive, shall govern the
construction of this part.
44000.5. An "adverse action" means the denial of an application for
a credential, a private admonition, or public reproval of a
credential holder, or the suspension or revocation of a credential.
44001. "Education position" or "position requiring certification
qualifications" includes every type of service for which
certification qualifications are established by or pursuant to
Sections 44000 to 44012, inclusive, Section 44065, and Chapter 2
(commencing with Section 44200) of this part.
44001.1. "Commission" means the Commission on Teacher
Credentialing.
44001.2. "Superintendent" means the Superintendent of Public
Instruction.
44002. A "credential" includes a credential, certificate, life
document, life diploma, permit, certificate of clearance, or waiver
issued by the commission.
44003. A "life diploma" is a document issued on the basis of a
credential upon completion by the applicant of specified
requirements.
44004. The word "certificate" used as a noun refers to the document
issued by a county board of education to license the holder to
perform the service specified in the certificate.
44005. The word "certificate" used as a verb refers to the act of
licensing individuals for employment in educational positions.
44006. The term "certificated person" refers to a person who holds
one or more documents such as a certificate, a credential, or a life
diploma, which singly or in combination license the holder to engage
in the school service designated in the document or documents.
44007. The term "certification document" as used in this code
includes only certificates, credentials and life diplomas.
44008. (a) Except as provided in subdivision (b) of this section, a
termination of probation and dismissal of an accusation or
information pursuant to Section 1203.4 of the Penal Code shall not,
for the purpose of this division, have any effect.
(b) Notwithstanding any other provision of this code, no person
shall be denied a hearing solely on the basis that he has been
convicted of a crime if he has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code,
and if his probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal
Code.
44009. (a) A plea or verdict of guilty or finding of guilt by a
court in a trial without a jury, or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425,
irrespective of a subsequent order for probation suspending the
imposition of a sentence or an order under Section 1203.4 of the
Penal Code allowing the withdrawal of the plea of guilty and entering
a plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusations or information.
(b) The record of a narcotics offense, as defined in Section
44011, shall be sufficient proof of conviction of a crime involving
moral turpitude for the purposes of Sections 44907 and 44923, and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
(c) A plea or verdict of guilty, or finding of guilt by a court in
a trial without a jury, or a conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of
Sections 44836 and 45123, irrespective of a subsequent order for
probation suspending the imposition of a sentence or an order under
Section 1203.4 of the Penal Code allowing the withdrawal of the plea
of guilty and entering a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusations or information. The
record of conviction shall be sufficient proof of conviction of a
crime involving moral turpitude for the purposes of Section 44907 and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
44010. "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, and 45123, means any one or more of the offenses
listed below:
(a) Any offense defined in Section 220, 261, 261.5, 262, 264.1,
266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2, 311.3,
311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a,
subdivision (a), (b), (c), or (d) of Section 243.4, or subdivision
(a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision (5) of former
Section 647 of the Penal Code repealed by Chapter 560 of the Statutes
of 1961, or any offense defined in former subdivision (2) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961, if the offense defined in those sections was
committed prior to September 15, 1961, to the same extent that an
offense committed prior to that date was a sex offense for the
purposes of this section prior to September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
(d) Any offense defined in former subdivision (1) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961 committed on or after September 7, 1955, and prior
to September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September 15,
1961.
(f) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if that offense was committed prior to
September 15, 1961, to the same extent that an offense committed
prior to that date was a sex offense for the purposes of this section
prior to September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code
prior to the effective date of the amendment of either section
enacted at the 1975-76 Regular Session of the Legislature committed
prior to the effective date of the amendment.
(h) Any attempt to commit any of the offenses specified in this
section.
(i) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punishable as one or more of
the offenses specified in this section.
(j) Any conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.
(k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
the Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981.
44011. "Controlled substance offense" as used in Sections 44346,
44425, 44436, 44836, and 45123 means any one or more of the following
offenses:
(a) Any offense in Sections 11350 to 11355, inclusive, 11361,
11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and
Safety Code.
(b) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punished as one or more of
the above-mentioned offenses.
(c) Any offense committed under former Sections 11500 to 11503,
inclusive, 11557, 11715, and 11721 of the Health and Safety Code.
(d) Any attempt to commit any of the above-mentioned offenses.
44012. Any record of conviction of any applicant for, or holder of,
a certification document, shall, for the purposes of this division,
be admissible in evidence in any civil action or administrative
proceedings pertaining to the issuance, suspension or revocation of
such certification document, any provision of law to the contrary
notwithstanding.
44013. (a) "Educator" means a certificated person holding a valid
California teaching credential or a valid California services
credential issued by the commission who is employed by a local
education agency or by a special education local planning area and
who is not employed as an independent contractor or consultant.
(b) The definition of educator as set forth in subdivision (a)
does not apply to a person participating in a program enacted by
statute prior to January 1, 2004.
(c) The definition of educator as set forth in subdivision (a)
applies to a person participating in a program enacted by statute on
or after January 1, 2004, only if the statute implementing the
program expressly references this section.
44014. (a) Whenever any employee of a school district or of the
office of a county superintendent of schools is attacked, assaulted,
or physically threatened by any pupil, it shall be the duty of the
employee, and the duty of any person under whose direction or
supervision the employee is employed in the public school system who
has knowledge of the incident, to promptly report the incident to the
appropriate law enforcement authorities of the county or city in
which the incident occurred. Failure to make the report shall be an
infraction punishable by a fine of not more than one thousand dollars
($1,000).
(b) Compliance with school district governing board procedures
relating to the reporting of, or facilitation of reporting of, the
incidents specified in subdivision (a) shall not exempt a person
under a duty to make the report prescribed by subdivision (a) from
making the report.
(c) A member of the governing board of a school district, a county
superintendent of schools, or an employee of any school district or
the office of any county superintendent of schools, shall not
directly or indirectly inhibit or impede the making of the report
prescribed by subdivision (a) by a person under a duty to make the
report. An act to inhibit or impede the making of a report shall be
an infraction, and shall be punishable by a fine of not less than
five hundred dollars ($500) and not more than one thousand dollars
($1,000).
(d) Neither the governing board of a school district, a member of
the governing board, a county superintendent of schools, nor an
employee of a school district or of the office of any county
superintendent of schools shall impose any sanctions against a person
under a duty to make the report prescribed by subdivision (a) for
making the report.
44015. (a) The governing board of a school district may make awards
to employees who do any of the following:
(1) Propose procedures or ideas that thereafter are adopted and
effectuated, and that result in eliminating or reducing district
expenditures or improving operations.
(2) Perform special acts or special services in the public
interest.
(3) By their superior accomplishments, make exceptional
contributions to the efficiency, economy, or other improvement in
operations of the school district.
(b) The governing board of a school district may make awards to
pupils for excellence.
Before any awards are made pursuant to this section, the governing
board shall adopt rules and regulations. The board may appoint one
or more merit award committees made up of district officers, district
employees, or private citizens to consider employee proposals,
special acts, special services, or superior accomplishments and to
act affirmatively or negatively thereon or to provide appropriate
recommendations thereon to the board.
Any award granted under the provisions of this section that may be
made by an awards committee under appropriate district rules, shall
not exceed two hundred dollars ($200), unless a larger award is
expressly approved by the governing board.
When an awards program is established in a school district
pursuant to this section, the governing board shall budget funds for
this purpose but may authorize awards from funds under its control
whether or not budgeted funds have been provided or the funds
budgeted are exhausted.
44015.1. In observance of the importance of educational leadership
at the school, school district, and county levels, the first full
week in the month of March of each year shall be designated as "Week
of the School Administrator." Schools, school districts, and county
superintendents of schools are encouraged to observe the week with
public recognition of the contribution that school administrators
make to successful pupil achievement.
44016. Whenever any person is requested by a school district to
travel to the headquarters of such district for the purpose of being
interviewed and examined prior to possible employment, the district
may reimburse such candidate for expenses necessarily incurred in
traveling from his place of residence to the place of interview or
examination.
44017. Notwithstanding any provision of law to the contrary, a
school district may, from funds under its jurisdiction, pay the
surviving spouse of any employee who is murdered while in the course
of his employment the amount that the deceased would have received if
he had lived to complete the time remaining in his contract with the
district.
This section shall be applicable to the surviving spouse of any
such employee who was murdered during or after the 1973-74 school
year.
44018. (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02 of the Military and Veterans Code, any
employee of a school district who, as a member of the California
National Guard or a United States Military Reserve organization, is
called into active military duty, may receive, on approval of the
governing board of the school district, the benefits provided for in
subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, may receive from the school employer, for a period not to
exceed 180 calendar days, as part of his or her compensation, all of
the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as an
employee, including any merit raises that would otherwise have been
granted during the time the individual was on active military duty.
(2) All benefits that he or she would have received had he or she
not been called to active military duty unless the benefits are
prohibited or limited by vendor contracts.
(c) The credential of a certificated employee may not become
invalid for failure to renew while the employee, as a member of the
California National Guard or a United States Military Reserve
organization, is on active military duty. A certificated employee
shall have a period of 120 days after the end of his or her active
military duty to renew the credential.
44020. Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary
or high school level shall notify, in writing, the parents or
guardians who reside with each pupil of that school whenever that
school hires an employee who, in the course of his or her employment,
will come in contact with minor pupils and who has been convicted of
a sex offense, as defined in Section 44010. Notwithstanding any
other provision of law, any person who conveys or receives
information in good-faith conformity with this section is exempt from
prosecution under Section 11142 or 11143 of the Penal Code for that
conveying or receiving of information.
44000. Unless the context otherwise requires, the definitions set
forth in Sections 44000 to 44012, inclusive, shall govern the
construction of this part.
44000.5. An "adverse action" means the denial of an application for
a credential, a private admonition, or public reproval of a
credential holder, or the suspension or revocation of a credential.
44001. "Education position" or "position requiring certification
qualifications" includes every type of service for which
certification qualifications are established by or pursuant to
Sections 44000 to 44012, inclusive, Section 44065, and Chapter 2
(commencing with Section 44200) of this part.
44001.1. "Commission" means the Commission on Teacher
Credentialing.
44001.2. "Superintendent" means the Superintendent of Public
Instruction.
44002. A "credential" includes a credential, certificate, life
document, life diploma, permit, certificate of clearance, or waiver
issued by the commission.
44003. A "life diploma" is a document issued on the basis of a
credential upon completion by the applicant of specified
requirements.
44004. The word "certificate" used as a noun refers to the document
issued by a county board of education to license the holder to
perform the service specified in the certificate.
44005. The word "certificate" used as a verb refers to the act of
licensing individuals for employment in educational positions.
44006. The term "certificated person" refers to a person who holds
one or more documents such as a certificate, a credential, or a life
diploma, which singly or in combination license the holder to engage
in the school service designated in the document or documents.
44007. The term "certification document" as used in this code
includes only certificates, credentials and life diplomas.
44008. (a) Except as provided in subdivision (b) of this section, a
termination of probation and dismissal of an accusation or
information pursuant to Section 1203.4 of the Penal Code shall not,
for the purpose of this division, have any effect.
(b) Notwithstanding any other provision of this code, no person
shall be denied a hearing solely on the basis that he has been
convicted of a crime if he has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code,
and if his probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal
Code.
44009. (a) A plea or verdict of guilty or finding of guilt by a
court in a trial without a jury, or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425,
irrespective of a subsequent order for probation suspending the
imposition of a sentence or an order under Section 1203.4 of the
Penal Code allowing the withdrawal of the plea of guilty and entering
a plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusations or information.
(b) The record of a narcotics offense, as defined in Section
44011, shall be sufficient proof of conviction of a crime involving
moral turpitude for the purposes of Sections 44907 and 44923, and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
(c) A plea or verdict of guilty, or finding of guilt by a court in
a trial without a jury, or a conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of
Sections 44836 and 45123, irrespective of a subsequent order for
probation suspending the imposition of a sentence or an order under
Section 1203.4 of the Penal Code allowing the withdrawal of the plea
of guilty and entering a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusations or information. The
record of conviction shall be sufficient proof of conviction of a
crime involving moral turpitude for the purposes of Section 44907 and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
44010. "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, and 45123, means any one or more of the offenses
listed below:
(a) Any offense defined in Section 220, 261, 261.5, 262, 264.1,
266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2, 311.3,
311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a,
subdivision (a), (b), (c), or (d) of Section 243.4, or subdivision
(a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision (5) of former
Section 647 of the Penal Code repealed by Chapter 560 of the Statutes
of 1961, or any offense defined in former subdivision (2) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961, if the offense defined in those sections was
committed prior to September 15, 1961, to the same extent that an
offense committed prior to that date was a sex offense for the
purposes of this section prior to September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
(d) Any offense defined in former subdivision (1) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961 committed on or after September 7, 1955, and prior
to September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September 15,
1961.
(f) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if that offense was committed prior to
September 15, 1961, to the same extent that an offense committed
prior to that date was a sex offense for the purposes of this section
prior to September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code
prior to the effective date of the amendment of either section
enacted at the 1975-76 Regular Session of the Legislature committed
prior to the effective date of the amendment.
(h) Any attempt to commit any of the offenses specified in this
section.
(i) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punishable as one or more of
the offenses specified in this section.
(j) Any conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.
(k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
the Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981.
44011. "Controlled substance offense" as used in Sections 44346,
44425, 44436, 44836, and 45123 means any one or more of the following
offenses:
(a) Any offense in Sections 11350 to 11355, inclusive, 11361,
11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and
Safety Code.
(b) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punished as one or more of
the above-mentioned offenses.
(c) Any offense committed under former Sections 11500 to 11503,
inclusive, 11557, 11715, and 11721 of the Health and Safety Code.
(d) Any attempt to commit any of the above-mentioned offenses.
44012. Any record of conviction of any applicant for, or holder of,
a certification document, shall, for the purposes of this division,
be admissible in evidence in any civil action or administrative
proceedings pertaining to the issuance, suspension or revocation of
such certification document, any provision of law to the contrary
notwithstanding.
44013. (a) "Educator" means a certificated person holding a valid
California teaching credential or a valid California services
credential issued by the commission who is employed by a local
education agency or by a special education local planning area and
who is not employed as an independent contractor or consultant.
(b) The definition of educator as set forth in subdivision (a)
does not apply to a person participating in a program enacted by
statute prior to January 1, 2004.
(c) The definition of educator as set forth in subdivision (a)
applies to a person participating in a program enacted by statute on
or after January 1, 2004, only if the statute implementing the
program expressly references this section.
44014. (a) Whenever any employee of a school district or of the
office of a county superintendent of schools is attacked, assaulted,
or physically threatened by any pupil, it shall be the duty of the
employee, and the duty of any person under whose direction or
supervision the employee is employed in the public school system who
has knowledge of the incident, to promptly report the incident to the
appropriate law enforcement authorities of the county or city in
which the incident occurred. Failure to make the report shall be an
infraction punishable by a fine of not more than one thousand dollars
($1,000).
(b) Compliance with school district governing board procedures
relating to the reporting of, or facilitation of reporting of, the
incidents specified in subdivision (a) shall not exempt a person
under a duty to make the report prescribed by subdivision (a) from
making the report.
(c) A member of the governing board of a school district, a county
superintendent of schools, or an employee of any school district or
the office of any county superintendent of schools, shall not
directly or indirectly inhibit or impede the making of the report
prescribed by subdivision (a) by a person under a duty to make the
report. An act to inhibit or impede the making of a report shall be
an infraction, and shall be punishable by a fine of not less than
five hundred dollars ($500) and not more than one thousand dollars
($1,000).
(d) Neither the governing board of a school district, a member of
the governing board, a county superintendent of schools, nor an
employee of a school district or of the office of any county
superintendent of schools shall impose any sanctions against a person
under a duty to make the report prescribed by subdivision (a) for
making the report.
44015. (a) The governing board of a school district may make awards
to employees who do any of the following:
(1) Propose procedures or ideas that thereafter are adopted and
effectuated, and that result in eliminating or reducing district
expenditures or improving operations.
(2) Perform special acts or special services in the public
interest.
(3) By their superior accomplishments, make exceptional
contributions to the efficiency, economy, or other improvement in
operations of the school district.
(b) The governing board of a school district may make awards to
pupils for excellence.
Before any awards are made pursuant to this section, the governing
board shall adopt rules and regulations. The board may appoint one
or more merit award committees made up of district officers, district
employees, or private citizens to consider employee proposals,
special acts, special services, or superior accomplishments and to
act affirmatively or negatively thereon or to provide appropriate
recommendations thereon to the board.
Any award granted under the provisions of this section that may be
made by an awards committee under appropriate district rules, shall
not exceed two hundred dollars ($200), unless a larger award is
expressly approved by the governing board.
When an awards program is established in a school district
pursuant to this section, the governing board shall budget funds for
this purpose but may authorize awards from funds under its control
whether or not budgeted funds have been provided or the funds
budgeted are exhausted.
44015.1. In observance of the importance of educational leadership
at the school, school district, and county levels, the first full
week in the month of March of each year shall be designated as "Week
of the School Administrator." Schools, school districts, and county
superintendents of schools are encouraged to observe the week with
public recognition of the contribution that school administrators
make to successful pupil achievement.
44016. Whenever any person is requested by a school district to
travel to the headquarters of such district for the purpose of being
interviewed and examined prior to possible employment, the district
may reimburse such candidate for expenses necessarily incurred in
traveling from his place of residence to the place of interview or
examination.
44017. Notwithstanding any provision of law to the contrary, a
school district may, from funds under its jurisdiction, pay the
surviving spouse of any employee who is murdered while in the course
of his employment the amount that the deceased would have received if
he had lived to complete the time remaining in his contract with the
district.
This section shall be applicable to the surviving spouse of any
such employee who was murdered during or after the 1973-74 school
year.
44018. (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02 of the Military and Veterans Code, any
employee of a school district who, as a member of the California
National Guard or a United States Military Reserve organization, is
called into active military duty, may receive, on approval of the
governing board of the school district, the benefits provided for in
subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, may receive from the school employer, for a period not to
exceed 180 calendar days, as part of his or her compensation, all of
the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as an
employee, including any merit raises that would otherwise have been
granted during the time the individual was on active military duty.
(2) All benefits that he or she would have received had he or she
not been called to active military duty unless the benefits are
prohibited or limited by vendor contracts.
(c) The credential of a certificated employee may not become
invalid for failure to renew while the employee, as a member of the
California National Guard or a United States Military Reserve
organization, is on active military duty. A certificated employee
shall have a period of 120 days after the end of his or her active
military duty to renew the credential.
44020. Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary
or high school level shall notify, in writing, the parents or
guardians who reside with each pupil of that school whenever that
school hires an employee who, in the course of his or her employment,
will come in contact with minor pupils and who has been convicted of
a sex offense, as defined in Section 44010. Notwithstanding any
other provision of law, any person who conveys or receives
information in good-faith conformity with this section is exempt from
prosecution under Section 11142 or 11143 of the Penal Code for that
conveying or receiving of information.
44000. Unless the context otherwise requires, the definitions set
forth in Sections 44000 to 44012, inclusive, shall govern the
construction of this part.
44000.5. An "adverse action" means the denial of an application for
a credential, a private admonition, or public reproval of a
credential holder, or the suspension or revocation of a credential.
44001. "Education position" or "position requiring certification
qualifications" includes every type of service for which
certification qualifications are established by or pursuant to
Sections 44000 to 44012, inclusive, Section 44065, and Chapter 2
(commencing with Section 44200) of this part.
44001.1. "Commission" means the Commission on Teacher
Credentialing.
44001.2. "Superintendent" means the Superintendent of Public
Instruction.
44002. A "credential" includes a credential, certificate, life
document, life diploma, permit, certificate of clearance, or waiver
issued by the commission.
44003. A "life diploma" is a document issued on the basis of a
credential upon completion by the applicant of specified
requirements.
44004. The word "certificate" used as a noun refers to the document
issued by a county board of education to license the holder to
perform the service specified in the certificate.
44005. The word "certificate" used as a verb refers to the act of
licensing individuals for employment in educational positions.
44006. The term "certificated person" refers to a person who holds
one or more documents such as a certificate, a credential, or a life
diploma, which singly or in combination license the holder to engage
in the school service designated in the document or documents.
44007. The term "certification document" as used in this code
includes only certificates, credentials and life diplomas.
44008. (a) Except as provided in subdivision (b) of this section, a
termination of probation and dismissal of an accusation or
information pursuant to Section 1203.4 of the Penal Code shall not,
for the purpose of this division, have any effect.
(b) Notwithstanding any other provision of this code, no person
shall be denied a hearing solely on the basis that he has been
convicted of a crime if he has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code,
and if his probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal
Code.
44009. (a) A plea or verdict of guilty or finding of guilt by a
court in a trial without a jury, or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425,
irrespective of a subsequent order for probation suspending the
imposition of a sentence or an order under Section 1203.4 of the
Penal Code allowing the withdrawal of the plea of guilty and entering
a plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusations or information.
(b) The record of a narcotics offense, as defined in Section
44011, shall be sufficient proof of conviction of a crime involving
moral turpitude for the purposes of Sections 44907 and 44923, and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
(c) A plea or verdict of guilty, or finding of guilt by a court in
a trial without a jury, or a conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of
Sections 44836 and 45123, irrespective of a subsequent order for
probation suspending the imposition of a sentence or an order under
Section 1203.4 of the Penal Code allowing the withdrawal of the plea
of guilty and entering a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusations or information. The
record of conviction shall be sufficient proof of conviction of a
crime involving moral turpitude for the purposes of Section 44907 and
Sections 44932 to 44947, inclusive, relating to the dismissal of
permanent employees.
44010. "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, and 45123, means any one or more of the offenses
listed below:
(a) Any offense defined in Section 220, 261, 261.5, 262, 264.1,
266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2, 311.3,
311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a,
subdivision (a), (b), (c), or (d) of Section 243.4, or subdivision
(a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision (5) of former
Section 647 of the Penal Code repealed by Chapter 560 of the Statutes
of 1961, or any offense defined in former subdivision (2) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961, if the offense defined in those sections was
committed prior to September 15, 1961, to the same extent that an
offense committed prior to that date was a sex offense for the
purposes of this section prior to September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
(d) Any offense defined in former subdivision (1) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961 committed on or after September 7, 1955, and prior
to September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September 15,
1961.
(f) Any offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if that offense was committed prior to
September 15, 1961, to the same extent that an offense committed
prior to that date was a sex offense for the purposes of this section
prior to September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code
prior to the effective date of the amendment of either section
enacted at the 1975-76 Regular Session of the Legislature committed
prior to the effective date of the amendment.
(h) Any attempt to commit any of the offenses specified in this
section.
(i) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punishable as one or more of
the offenses specified in this section.
(j) Any conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.
(k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
the Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981.
44011. "Controlled substance offense" as used in Sections 44346,
44425, 44436, 44836, and 45123 means any one or more of the following
offenses:
(a) Any offense in Sections 11350 to 11355, inclusive, 11361,
11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and
Safety Code.
(b) Any offense committed or attempted in any other state or
against the laws of the United States which, if committed or
attempted in this state, would have been punished as one or more of
the above-mentioned offenses.
(c) Any offense committed under former Sections 11500 to 11503,
inclusive, 11557, 11715, and 11721 of the Health and Safety Code.
(d) Any attempt to commit any of the above-mentioned offenses.
44012. Any record of conviction of any applicant for, or holder of,
a certification document, shall, for the purposes of this division,
be admissible in evidence in any civil action or administrative
proceedings pertaining to the issuance, suspension or revocation of
such certification document, any provision of law to the contrary
notwithstanding.
44013. (a) "Educator" means a certificated person holding a valid
California teaching credential or a valid California services
credential issued by the commission who is employed by a local
education agency or by a special education local planning area and
who is not employed as an independent contractor or consultant.
(b) The definition of educator as set forth in subdivision (a)
does not apply to a person participating in a program enacted by
statute prior to January 1, 2004.
(c) The definition of educator as set forth in subdivision (a)
applies to a person participating in a program enacted by statute on
or after January 1, 2004, only if the statute implementing the
program expressly references this section.
44014. (a) Whenever any employee of a school district or of the
office of a county superintendent of schools is attacked, assaulted,
or physically threatened by any pupil, it shall be the duty of the
employee, and the duty of any person under whose direction or
supervision the employee is employed in the public school system who
has knowledge of the incident, to promptly report the incident to the
appropriate law enforcement authorities of the county or city in
which the incident occurred. Failure to make the report shall be an
infraction punishable by a fine of not more than one thousand dollars
($1,000).
(b) Compliance with school district governing board procedures
relating to the reporting of, or facilitation of reporting of, the
incidents specified in subdivision (a) shall not exempt a person
under a duty to make the report prescribed by subdivision (a) from
making the report.
(c) A member of the governing board of a school district, a county
superintendent of schools, or an employee of any school district or
the office of any county superintendent of schools, shall not
directly or indirectly inhibit or impede the making of the report
prescribed by subdivision (a) by a person under a duty to make the
report. An act to inhibit or impede the making of a report shall be
an infraction, and shall be punishable by a fine of not less than
five hundred dollars ($500) and not more than one thousand dollars
($1,000).
(d) Neither the governing board of a school district, a member of
the governing board, a county superintendent of schools, nor an
employee of a school district or of the office of any county
superintendent of schools shall impose any sanctions against a person
under a duty to make the report prescribed by subdivision (a) for
making the report.
44015. (a) The governing board of a school district may make awards
to employees who do any of the following:
(1) Propose procedures or ideas that thereafter are adopted and
effectuated, and that result in eliminating or reducing district
expenditures or improving operations.
(2) Perform special acts or special services in the public
interest.
(3) By their superior accomplishments, make exceptional
contributions to the efficiency, economy, or other improvement in
operations of the school district.
(b) The governing board of a school district may make awards to
pupils for excellence.
Before any awards are made pursuant to this section, the governing
board shall adopt rules and regulations. The board may appoint one
or more merit award committees made up of district officers, district
employees, or private citizens to consider employee proposals,
special acts, special services, or superior accomplishments and to
act affirmatively or negatively thereon or to provide appropriate
recommendations thereon to the board.
Any award granted under the provisions of this section that may be
made by an awards committee under appropriate district rules, shall
not exceed two hundred dollars ($200), unless a larger award is
expressly approved by the governing board.
When an awards program is established in a school district
pursuant to this section, the governing board shall budget funds for
this purpose but may authorize awards from funds under its control
whether or not budgeted funds have been provided or the funds
budgeted are exhausted.
44015.1. In observance of the importance of educational leadership
at the school, school district, and county levels, the first full
week in the month of March of each year shall be designated as "Week
of the School Administrator." Schools, school districts, and county
superintendents of schools are encouraged to observe the week with
public recognition of the contribution that school administrators
make to successful pupil achievement.
44016. Whenever any person is requested by a school district to
travel to the headquarters of such district for the purpose of being
interviewed and examined prior to possible employment, the district
may reimburse such candidate for expenses necessarily incurred in
traveling from his place of residence to the place of interview or
examination.
44017. Notwithstanding any provision of law to the contrary, a
school district may, from funds under its jurisdiction, pay the
surviving spouse of any employee who is murdered while in the course
of his employment the amount that the deceased would have received if
he had lived to complete the time remaining in his contract with the
district.
This section shall be applicable to the surviving spouse of any
such employee who was murdered during or after the 1973-74 school
year.
44018. (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02 of the Military and Veterans Code, any
employee of a school district who, as a member of the California
National Guard or a United States Military Reserve organization, is
called into active military duty, may receive, on approval of the
governing board of the school district, the benefits provided for in
subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, may receive from the school employer, for a period not to
exceed 180 calendar days, as part of his or her compensation, all of
the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as an
employee, including any merit raises that would otherwise have been
granted during the time the individual was on active military duty.
(2) All benefits that he or she would have received had he or she
not been called to active military duty unless the benefits are
prohibited or limited by vendor contracts.
(c) The credential of a certificated employee may not become
invalid for failure to renew while the employee, as a member of the
California National Guard or a United States Military Reserve
organization, is on active military duty. A certificated employee
shall have a period of 120 days after the end of his or her active
military duty to renew the credential.
44020. Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary
or high school level shall notify, in writing, the parents or
guardians who reside with each pupil of that school whenever that
school hires an employee who, in the course of his or her employment,
will come in contact with minor pupils and who has been convicted of
a sex offense, as defined in Section 44010. Notwithstanding any
other provision of law, any person who conveys or receives
information in good-faith conformity with this section is exempt from
prosecution under Section 11142 or 11143 of the Penal Code for that
conveying or receiving of information.
