Section 44346.5 Of Article 8. Certificates And Credentials From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 2. >> Article 8.
44346.5
. (a) The Commission on Teacher Credentialing shall submit
to the Department of Justice fingerprint images and related
information required by the Department of Justice of all individuals,
as described in subdivision (a) of Section 49024, for the purposes
of obtaining information as to the existence and content of a record
of state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state or
federal arrests for which the Department of Justice establishes that
the individual is free on bail or on his or her own recognizance
pending trial or appeal.
(b) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the commission.
(c) The Department of Justice shall provide a state and federal
level response to the commission pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(d) The commission shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for individuals described in
subdivision (a) of Section 49024 of this code.
(e) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(f) (1) If a denial of an application for a certificate is due at
least in part to the individual's state or federal criminal history
record, the commission shall provide to the individual a copy of his
or her criminal history record search response with the notice of the
denial.
(2) The state or federal criminal history record search response
shall not be modified or altered from its form or content as provided
by the Department of Justice.
(3) The criminal history record search response shall be provided
in such a manner as to protect the confidentiality and privacy of the
individual's criminal history record and the criminal history record
search response shall not be made available by the commission to any
school district or county office of education.
(4) The commission shall retain a copy of the individual's
criminal history record search response, and the date and the address
to which it was sent. The commission shall make this information
available upon request by the Department of Justice or the Federal
Bureau of Investigation.