Code Section Group

Education Code - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004]

  ( Part 6 enacted by Stats. 1976, Ch. 1010. )

CHAPTER 2. Early Education Act [8200 - 8488]

  ( Heading of Chapter 2 amended by Stats. 2021, Ch. 116, Sec. 1. )

ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305]
  ( Article 12 heading added by Stats. 2021, Ch. 116, Sec. 141. )

8295.
  

(a) (1) Preschool programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as aides and may be eligible for salary increases upon the completion of additional semester units in early childhood education or child development. The governing board of each contracting agency shall be encouraged to provide teachers and aides with salary increases for the successful completion of early childhood education or child development courses in six semester unit increments.

(2) Persons employed as teachers in a preschool program shall possess a permit issued by the Commission on Teacher Credentialing authorizing service in the care, development, and instruction of children in a childcare and development program.

(b) Any person who meets the following criteria is eligible to serve in an instructional capacity in a preschool program:

(1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.

(2) Twelve units in early childhood education or child development, or both, or two years’ experience in early childhood education or a childcare and development program.

(Added by renumbering Section 8360 by Stats. 2021, Ch. 116, Sec. 186. (AB 131) Effective July 23, 2021.)

8297.
  

Not later than 95 days after the governing board of a public agency sets the date a person employed by that board shall begin service in a position requiring a children’s center instructional permit or a children’s center supervision permit, that person shall file, on or before that date, with the county superintendent of schools a valid permit issued on or before that date, authorizing the person to serve in a position for which the person was employed. Upon renewal of that permit, that person shall file that renewal with the county superintendent of schools no later than 95 days after the renewal.

(Added by renumbering Section 8360.2 by Stats. 2021, Ch. 116, Sec. 188. (AB 131) Effective July 23, 2021.)

8298.
  

(a) An entity operating preschool programs providing services to children at two or more sites, including through more than one contract or subcontract funded pursuant to this chapter, shall employ a program director who possesses one of the following:

(1) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a childcare and development program operating in multiple sites.

(2) Any person who meets the following criteria is eligible to supervise a preschool program operating in multiple sites and serve in an instructional capacity in a preschool program:

(A) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics.

(B) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a preschool program receiving funding under this chapter.

(C) Twelve units in early childhood education or child development, or both, or at least two years’ experience in early childhood education or a preschool program.

(3) A waiver issued by the Superintendent of Public Instruction pursuant to this section.

(b) (1) For purposes of this section, the following definitions apply:

(A) “Administrative responsibility” means awareness of the financial and business circumstances of the program, and, in appropriate cases, supervision of administrative and support personnel and the knowledge and authority to direct or modify administrative practices and procedures to ensure compliance to administrative and financial standards imposed by law.

(B) “Program director” means a person who, regardless of their title, has programmatic and administrative responsibility for an early childhood program that provides services to children at two or more sites.

(C) “Programmatic responsibility” means overall supervision of curriculum and instructional staff, including instructional aides, and the knowledge and authority to direct or modify program practices and procedures to ensure compliance to applicable quality and health and safety standards imposed by law.

(2) “Administrative responsibility” and “programmatic responsibility” also include the responsibility to act as the representative for the preschool program to the department. With respect to preschool programs operated through family childcare homes, “administrative responsibility” and “programmatic responsibility” include ensuring that quality services are provided in the family childcare homes.

(c) The program director may also serve as the site supervisor at one of the sites, provided that the program director fulfills both the duties of a “childcare center director,” as set forth in Section 101215.1 of Title 22 of the California Code of Regulations, and meets the qualifications for a site supervisor, as set forth in Section 8205.

(d) The Superintendent of Public Instruction may waive the qualifications for a program director upon a finding of either of the following circumstances:

(1) The applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing authorizing supervision of a childcare and development program operating in two or more sites or fulfilling the qualifications for program directors of childcare and development programs that provide service to severely disabled children, as specified in Section 10381.5 of the Welfare and Institutions Code.

(2) The place of employment is so remote from institutions offering the necessary coursework as to make continuing education impracticable and the contractor has made a diligent search but has been unable to hire a more qualified applicant.

(e) The Superintendent of Public Instruction, upon good cause, may, by rule, identify and apply grounds, in addition to those specified in subdivision (d), for granting a waiver of the qualifications for program director.

(Added by Stats. 2021, Ch. 116, Sec. 142. (AB 131) Effective July 23, 2021.)

8299.
  

Notwithstanding any other law, a high school student or any other adult shall be selected by the governing board of a public or private agency to serve as nonteaching personnel to perform noninstructional work. A career ladder shall be utilized in the employment and promotion of such noninstructional personnel. Each such person shall have had a health examination made within the 12-month period preceding the date of employment. Each person shall also submit duplicate personal identification cards upon which shall appear legible fingerprints and a personal description of the applicant.

(Added by renumbering Section 8361 by Stats. 2021, Ch. 116, Sec. 190. (AB 131) Effective July 23, 2021.)

8300.
  

The same fee as that prescribed for a credential provided in Section 44235 shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program.

(Added by renumbering Section 8362 by Stats. 2021, Ch. 116, Sec. 191. (AB 131) Effective July 23, 2021.)

8301.
  

The Commission on Teacher Credentialing shall by rule or regulation establish the requirements for the following:

(a) The issuance and the renewal of permits authorizing service in the care, development, and instruction of children in childcare and development programs, as well as the issuance of emergency permits for this purpose.

(b) The issuance and renewal of permits authorizing supervision of a childcare and development program, as well as the issuance of emergency permits for this purpose.

(c) The periods of duration of the permits set forth in this section.

(Added by renumbering Section 8363 by Stats. 2021, Ch. 116, Sec. 192. (AB 131) Effective July 23, 2021.)

8302.
  

Each county or city and county board of education or community colleges board may issue temporary certificates for the purpose of authorizing salary payments to preschool employees whose child development permit applications are being processed. The applicant for such a temporary certificate shall make a statement under oath that the applicant has duly filed their application for a permit together with the required fee and that to the best of their knowledge no reason exists why they should not be issued a permit. Such certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission for Teacher Preparation and Licensing.

(Added by renumbering Section 8365 by Stats. 2021, Ch. 116, Sec. 195. (AB 131) Effective July 23, 2021.)

8303.
  

(a) Each person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the preschool program, shall be deemed to be employed in a position requiring certification qualifications.

(b) Each other person employed by an agency in a preschool program under the provisions of this chapter shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications.

(c) A district may lay off an employee required to have such a permit at any time during the school year for lack of work or lack of funds or may provide for the employee’s employment for not to exceed 90 days in any one school year on an intermittent basis which shall not be deemed probationary service. The order of layoff shall be determined by length of service. The employee who has served the shortest time shall be laid off first, except that no permanent employee shall be laid off ahead of a probationary employee. A permanent employee who has been laid off shall hold reinstatement rights for a period of 39 months from the date of layoff.

(d) Other persons who are employed as probationary employees in positions requiring such permits on or after September 18, 1959, may be dismissed in accordance with the provisions of Section 44949 or 87740.

(Added by renumbering Section 8366 by Stats. 2021, Ch. 116, Sec. 197. (AB 131) Effective July 23, 2021.)

8304.
  

Every employee of a child development program who before their employment in such program was employed by the agency maintaining such program in a position entitling the employee to membership in, and who was a member of, the retirement system maintained by such district, and if such employee’s contributions to such retirement system were returned to the employee when the employee was employed in the program, the employee shall have the right to elect, by written document filed with the Board of Administration, Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make that election is mailed by such system, either to the member’s latest address on file in the office of such system, or to the office of the governing board of such agency or agencies, and prior to the date of retirement, to contribute to such system, subject to minimum payments fixed by the Board of Administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to the employee’s accumulated contributions, including interest, transferred as required in paragraph (1) of subdivision (b) of Section 24810, will make a total amount equal to the accumulated contributions, including interest, which would have been credited to the employee in such plan, if the employee had never had their contributions returned. Such employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to such system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If such employee elects to make, and makes, such contributions and pays such interest, but not otherwise, the employee shall receive credit under such employees’ system, as state service, for all prior service rendered while the employee was not a member of such plan.

(Added by renumbering Section 8369 by Stats. 2021, Ch. 116, Sec. 200. (AB 131) Effective July 23, 2021.)

8305.
  

The Commission on Teacher Credentialing shall establish standards for the issuance of the permits herein provided for. The standards may be changed from time to time, but changes therein shall not affect then valid permits issued to persons.

(Added by renumbering Section 8370 by Stats. 2021, Ch. 116, Sec. 201. (AB 131) Effective July 23, 2021.)

EDCEducation Code - EDC12.