CHAPTER 1. Employees [44000. - 44114.]

Chapter 1 enacted by Stats. 1976, Ch. 1010.

§§ 44000–44114 · 74 sections

1. ARTICLE 1. General Provisions §§ 44000–44020 · 24 sections

   • § 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…
   • § 44001 “Education position” or “position requiring certification qualifications” includes every type of service for which certification qualifications are established…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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) An offense…
   • § 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…
   • § 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…
   • § 44013 (a) “Educator” means a certificated person holding a valid California teaching credential or a valid California services credential issued by the commission…
   • § 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…
   • § 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…
   • § 44015.1 In observance of the importance of educational leadership at the school, school district, and county levels, the second full week in the month of October of…
   • § 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…
   • § 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…
   • § 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…
   • § 44020 Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall…
2. ARTICLE 2. Rights and Duties §§ 44030–44052 · 29 sections

   • § 44030 Any principal, teacher, employee, or school officer of any elementary or secondary school who refuses or willfully neglects to make such reports as are…
   • § 44030.5 (a) The superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential shall…
   • § 44031 (a) Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (b) In addition to subdivision (a), all of the…
   • § 44032 The governing board of any school district shall provide for the payment of the actual and necessary expenses, including traveling expenses, of any employee of…
   • § 44033 The governing board of any school district may provide for the reimbursement of employees of the district for the use of automobiles owned by the employees and…
   • § 44034 Any classroom teacher who, in the interest of improving his or her personal teaching techniques, wishes to use an audio recording device in a classroom to…
   • § 44035 Every permanent employee of a school district which becomes in its entirety a part of a unified school district, and every permanent employee of a school…
   • § 44036 (a) The governing board of a school district may grant leaves of absence to employees to appear as a witness in court other than as a litigant or to respond to…
   • § 44037 The governing board of any district shall grant leave of absence to any employee, serving in a position not requiring certification qualifications, regularly…
   • § 44038 The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for transportation purchased on…
   • § 44039 The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for health plans purchased on…
   • § 44039.5 No contract with any insurer or other employee welfare benefit provider shall be approved or renewed if an administrative employee of a school district, as…
   • § 44040 It shall be unlawful for any person authorized to invoke disciplinary action against any employee of a school district or employee in the office of the county…
   • § 44041 (a) (1) The governing board of each school district when drawing an order for the salary payment due to employees of the district shall, without charge, reduce…
   • § 44041.5 (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the…
   • § 44042 School districts may, but shall not be required to, provide payroll deduction for the collection of insurance premiums except as expressly authorized by…
   • § 44042.5 (a) (1) When a school employer determines a wage overpayment has been made to a school employee, it shall notify the employee in writing of the overpayment,…
   • § 44043 Any school employee of a school district who is absent because of injury or illness which arose out of and in the course of the person’s employment, and for…
   • § 44043.5 (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit…
   • § 44043.6 (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit…
   • § 44044 Notwithstanding the provisions of Sections 44043, 44984 and 45192, a school district may waive the requirement that temporary disability checks be endorsed…
   • § 44045 Whenever, as a result of any school district unification proceeding all of the territory under the jurisdiction of the county superintendent of schools is…
   • § 44046 (a) The governing board of a small school district, which does not employ persons charged with school-community duties of counseling students and parents or…
   • § 44047 Prior to implementing in any school of the district classes on Saturday or Sunday, or both, the governing board of a school district shall consult in good…
   • § 44048 A classified school employee currently employed by any school district or a county superintendent of schools which decides to maintain classes on Saturday or…
   • § 44049 (a) Except as provided in subdivision (c), any principal or person designated by the principal who, in his or her professional capacity or within the scope of…
   • § 44050 (a) A local educational agency, or a person, firm, association, partnership, or corporation offering or conducting private school instruction at the elementary…
   • § 44051 (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, or state special school or…
   • § 44052 (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…
3. ARTICLE 3. Interchange Between Certificated and Classified Positions §§ 44060–44069 · 11 sections

   • § 44060 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…
   • § 44061 If a person employed by the county superintendent of schools in a position requiring certification qualifications is assigned to a position under the same…
   • § 44062 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…
   • § 44063 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,…
   • § 44064 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,…
   • § 44065 (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…
   • § 44066 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…
   • § 44067 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…
   • § 44068 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)…
   • § 44068.5 Any person who, on July 1, 1986, was serving in a position requiring certification qualifications pursuant to the provisions of paragraph (6) of subdivision…
   • § 44069 (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…
4. ARTICLE 4. Affirmative Action Employment §§ 44100–44105 · 5 sections

   • § 44100 (a) The Legislature finds and declares the following: (1) Generally, California school districts employ a disproportionately low number of racial and ethnic…
   • § 44101 For the purposes of this article the following definitions apply: (a) (1) “Affirmative action employment program” means planned activities designed to seek,…
   • § 44103 Each county superintendent of schools shall render assistance in developing and implementing affirmative action employment programs to elementary school…
   • § 44104 The department, out of funds appropriated for such purposes, (1) shall provide assistance to local educational agencies in adopting and maintaining…
   • § 44105 The State Board of Education shall adopt all necessary rules and regulations to carry out the intent of this article.
5. ARTICLE 5. Reporting by School Employees of Improper Governmental Activities §§ 44110–44114 · 5 sections

   • § 44110 This article shall be known and may be referred to as the Reporting by School Employees of Improper Governmental Activities Act.
   • § 44111 It is the intent of the Legislature that school employees and other persons disclose, to the extent not expressly prohibited by law, improper governmental…
   • § 44112 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)…
   • § 44113 (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,…
   • § 44114 (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…