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District Policies

Viewing Policy: SP 4112.2 Certification



The San Benito County Superintendent of Schools recognizes that the Department’s ability to provide a high-quality educational program is dependent upon the employment of certificated staff who are adequately prepared and have demonstrated proficiency in basic skills and in the subject matter to be taught. The County Superintendent or designee shall ensure that persons employed in positions requiring certification qualifications possess the appropriate credential or permit from the Commission on Teacher Credentialing (CTC) authorizing their employment in such positions.

The Superintendent or designee shall provide assistance and support to teachers holding preliminary credentials to enable them to meet the qualifications required for the clear credential.

Priorities for Hiring Based on Unavailability of Credentialed Teacher

The Superintendent or designee shall make reasonable efforts to recruit a fully prepared teacher for each assignment. Whenever a teacher with a clear or preliminary credential is not available, the Superintendent or designee shall make reasonable efforts to recruit an individual for the assignment in the following order: (Education Code 44225.7)

  1. A candidate who enrolls in an approved intern program in the region of the Department and possesses an intern credential


  1. A candidate who is scheduled to complete preliminary credential requirements within six months and who holds a provisional internship permit (PIP) or short-term staff permit issued by the CTC


When requesting a PIP, the County Superintendent or designee shall approve and post a notice of intent to employ the applicant in the identified position. (5 CCR 80021.1)


  1. An individual who holds an emergency permit or for whom a credential waiver has been granted by the CTC


Prior to requesting that the CTC issue an emergency permit pursuant to item #3 above or a limited assignment permit which allows a fully credentialed teacher to teach outside of his/her area of certification while working toward an added or supplementary authorization, the County Superintendent shall annually approve a Declaration of Need for Fully Qualified Educators. (Education Code 44225, 44225.7; 44300.1; 5 CCR 80023.2, 80026, 80027, 80027.1)

The Declaration of Need shall certify that there is an insufficient number of certificated persons who meet the Department’s specified employment criteria for the position(s) and that the Department has made reasonable efforts to recruit individuals who meet the qualifications

CERTIFICATION  (continued)

specified in items #1-2 above. The Declaration of Need shall also indicate the number and type of emergency permits that the Department estimates it will need during the valid period of the Declaration of Need, based on the previous year’s actual needs and projections of enrollment. Whenever the actual number of permits needed exceeds the estimate by 10 percent, the County Superintendent shall revise and resubmit the Declaration of Need. (5 CCR 80026)


Legal Reference:


8360-8370 Qualifications of child care personnel 32340-32341 Unlawful issuance of a credential

35186  Complaints regarding teacher vacancy or misassignment

42647  Eligibility to issue warrants

44066  Limitations on certification requirements 44200-44399 Teacher credentialing, especially:

44250-44277 Credential types; minimum requirements

44279.1-44279.7  Beginning Teacher Support and Assessment Program 44300-44302 Emergency permits

44320.2  Teachers’ performance assessment 44325-44328 District interns

44330-44355 Certificates and credentials 44380-44387 Alternative certification program

44395-44399 National Board for Professional Teaching Standards 44420-44440 Revocation and suspension of credentials

44450-44468 University internship program

44830-44929 Employment of certificated persons; requirement of proficiency in basic skills 56060-56063 Substitute teachers in special education

CODE OF REGULATIONS, TITLE 5: 80001-80674.6  Commission on Teacher Credentialing UNITED STATES CODE, TITLE 20: 6312  Title I local educational agency plan

CODE OF FEDERAL REGULATIONS, TITLE 34: 200.48 Parent notification regarding teacher qualifications

COURT DECISIONS: Association of Mexican-American Educators et al. v. State of California and the Commission on Teacher Credentialing, (1993) 836 F.Supp. 1534


Management Resources:


CL-667 Basic Skills Requirement

CL-856 Provisional Internship Permit

CL 858 Short-Term Staff Permit

Approved Addition and Amendments to Title 5 of the California Code of Regulations Pertaining to Teaching Permit for Statutory Leave (TPSL), Coded Correspondence 16-10, August 23, 2016

Hiring Hierarchy in Education Code 44225.7, Coded Correspondence 13-01, January 30, 2013

Subject Matter Authorization Guideline Book, 2012

Supplementary Authorization Guideline Book, 2012

California Standards for the Teaching Profession, 2009

The Administrator’s Assignment Manual, rev. September 2007


CSBA:; California Department of Education:; California Teacher Credentialing Examinations: Commission on Teacher Credentialing:; Commission on Teacher Credentialing, Commission’s Information Guide (for employers’ use only): ; National Board for Professional Teaching Standards:; U.S. Department of Education:




Policy Approved:12-12-18