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District Policies

Viewing Policy: SP 4112 Appointment and Conditions of Employment



 

APPOINTMENT AND CONDITIONS OF EMPLOYMENT

 

 

The San Benito County Superintendent of Schools shall approve the appointment of all certificated personnel. The position shall be reported to the San Benito County Board of Education at a regular meeting as information.

 

Individuals appointed to the certificated staff shall:

 

  1. Possess the appropriate certification qualifications and register the certification document in accordance with law and Department policy (Education Code 44250-44279, 44330)

 

  1. Demonstrate proficiency in basic skills as required by law and Department policy (Education Code 44252.5, 44830)

 

  1. Submit to fingerprinting as required by law (Education Code 1)

 

  1. Not have been convicted of a violent or serious felony as defined in Penal Code 5 or 1192.7, unless the individual has received a certificate of rehabilitation and pardon (Education Code 44830.1)

 

  1. Not have been convicted of any sex offense as defined in Education Code 44010 (Education Code 44836)

 

  1. Not have been required to register as a sex offender pursuant to Penal Code 290 because of a conviction for a crime where the victim was a minor under the age of 16 (Penal Code95)

 

  1. Not have been determined to be a sexual psychopath pursuant to Welfare and Institutions Code 6300-6332 (Education Code 44837)

 

  1. Not have been convicted of any controlled substance offense as defined in Education Code 44011 (Education Code 44836)

 

  1. Submit to a physical examination, tuberculosis testing and/or provide a medical certificate as required by law and Department policy (Education Code 44839, 49406)

 

 

 

APPOINTMENT AND CONDITIONS OF EMPLOYMENT (continued)

 

  1. Furnish a statement of military service and, if any was rendered, a copy of the discharge or release from service or, if no such document is available, other suitable evidence of the termination of service (Education Code 44838)

 

  1. File the oath or affirmation of allegiance required by Government Code 3100-3109

 

  1. Fulfill any other requirements as specified by law, collective  bargaining agreement, Department policy or Superintendent regulation

 

 

Legal Reference:

 

EDUCATION CODE

35161  Powers and duties

44008 Effect of termination of probation

44009 Conviction of specified crimes; definitions 44010 Sex offense

44011 Controlled substance offense

44066 Limitation on certification requirements

44250-44277 Credential types

44330  Effect of registration of certification document

44830.1 Felons; certificated positions; criminal record summary; fingerprints

44836 Employment of person convicted of sex offenses or controlled substance offenses 44837  Employment of sexual sociopath

44838 Statement of military service 44839 Medical certificate

44839.5 Medical certificate for retirant 49406  Examination for tuberculosis GOVERNMENT CODE

3100-3109 Oaths or affirmations of allegiance for disaster service workers and public employees 12940-12950 Unlawful employment practices

HEALTH AND SAFETY CODE

1596.7995 Immunization requirements for employees in child care center or preschool

1597.055 Teachers in day care centers

PENAL CODE

290 Registration of sex offenders

290.95 Disclosure by persons required to register as sex offenders

667.5 Prior prison terms, enhancement of prison terms

1192.7 Plea bargaining limitation

WELFARE AND INSTITUTIONS CODE

6300-6332 Sexual psychopaths

 

 

 

                              Policy Approved: 6-13-19