Section 44300 Of Article 5.5. Emergency Permits From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 2. >> Article 5.5.
44300
. (a) Commencing January 1, 1990, the commission may issue or
renew emergency teaching or specialist permits in accordance with
regulations adopted by the commission corresponding to the credential
types specified in paragraphs (1), (2), and (3) of subdivision (b)
of Section 44225, provided that all of the following conditions are
met:
(1) The applicant possesses a baccalaureate degree conferred by a
regionally accredited institution of higher education and has
fulfilled the subject matter requirements of Section 44301.
(2) The applicant passes the state basic skills proficiency test
as provided for in Section 44252.
(3) The commission approves the justification for the emergency
permit submitted by the school district in which the applicant is to
be employed. The justification shall include all of the following:
(A) Annual documentation that the district has implemented in
policy and practices a process for conducting a diligent search that
shall include, but is not limited to, distributing job announcements,
contacting college and university placement centers, advertising in
local newspapers, exploring the incentives included in the Teaching
As A Priority Block Grant established pursuant to Section 44735,
participating in the state and regional recruitment centers
established pursuant to Sections 44751, as it read prior to May 5,
2003, and 90530, and participating in job fairs in this state, but
has been unable to recruit a sufficient number of certificated
teachers, including teacher candidates pursuing full certification
through internship, district internship, or other alternative routes
established by the commission.
(B) A declaration of need for fully qualified educators based on
the documentation set forth in subparagraph (A) and made in the form
of a motion adopted by the governing board of the district or the
county board of education at a regularly scheduled meeting of the
governing board or the county board of education. The motion may not
be part of the consent agenda and shall be entered in the minutes of
the meeting.
(b) The commission may deny a request for an emergency permit that
does not meet the justification set forth in subparagraph (A) of
paragraph (3) of subdivision (a).
(c) It is the intent of the Legislature that the commission
continue to issue emergency teaching permits to individuals employed
by school districts defined in regulations as remote from regionally
accredited institutions of higher education.
(d) The commission may issue and reissue emergency permits
corresponding to the credential types specified in paragraph (4) of
subdivision (b) of Section 44225. The commission shall establish
appropriate standards for each type of emergency permit specified in
paragraph (4) of subdivision (b) of Section 44225.
(e) The exclusive representative of certificated employees, if
any, as provided under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, may submit a written
statement to the commission agreeing or disagreeing with the
justification submitted to the commission pursuant to paragraph (3)
of subdivision (a).
(f) A person holding an emergency teaching or specialist permit
shall attend an orientation to the curriculum and to techniques of
instruction and classroom management, and shall teach only with the
assistance and guidance of a certificated employee of the district
who has completed at least three years of full-time teaching
experience, or the equivalent thereof. It is the intent of the
Legislature to encourage districts to provide directed teaching
experience to new emergency permitholders with no prior teaching
experience.
(g) The holder of an emergency permit shall participate in ongoing
training, coursework, or seminars designed to prepare the individual
to become a fully credentialed teacher or other educator in the
subject area or areas in which he or she is assigned to teach or
serve. The employing agency shall verify that employees applying to
renew their emergency permits are meeting these ongoing training
requirements.
(h) Emergency permits for pupil personnel services shall not be
valid for the purpose of determining pupil eligibility for placement
in a special education class or program.
(i) This section shall not apply to the issuance of an emergency
substitute teaching permit, or of an emergency permit to a teacher
who has consented to teach temporarily outside of his or her field of
certification, for which the commission shall establish minimum
requirements.