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District Policies

Viewing Policy: SP 4112.23 Special Education Staff




Qualifications/Assignment of Special Education Teachers


Any teacher assigned to serve students with disabilities shall possess an appropriate credential or other authorization issued by the Commission on Teacher Credentialing (CTC) that specifically authorizes him/her to teach students with that primary disability within the program placement recommended in the students’ individualized education program (IEP). (5 CCR 80046.1-80048.9.4)


The Department may employ a person with an appropriate Department internship credential to provide classroom instruction to students with disabilities, provided he/she has met the subject matter requirement specified in Education Code 44325 and receives guidance, supervision, and professional development through an established Department internship program. (Education Code 44325, 44326, 44830.3)


The San Benito County Superintendent of Schools or designee may request the CTC to issue a special education limited assignment teaching permit to authorize a qualified special education teacher, with his/her written consent, to serve outside the specialty area of his/her credential. If the teacher has not yet obtained permanent status, the County Superintendent or designee shall assign one or more experienced educators in the special education subject area(s) of the permit, who have at least three years of full-time teaching experience in each of the subject area(s) of the permit, to provide guidance and assistance to the permit holder. (5 CCR 80026, 80027.1)


As needed, the Department may apply to the CTC for an emergency permit for resource specialist services pursuant to 5 CCR 80023.2 and 80024.3.1.


When requesting either a limited assignment teaching permit or an emergency resource specialist permit, the County Superintendent or designee shall submit a Declaration of Need for Fully Qualified Educators that satisfies the requirements of 5 CCR 80026. (5 CCR 80027.1) The Declaration must be adopted by the County Superintendent and at least 72 hours prior to adoption, the County Superintendent must publicly announce his or her intent to adopt a Declaration of Need for Fully Qualified Educators.

If there is a need to immediately fill a classroom vacancy or a suitable credentialed teacher cannot be found after a diligent search, the County Superintendent or designee may, as appropriate, apply to the CTC for a short-term staff permit pursuant to 5 CCR 80021, a provisional internship permit pursuant to 5 CCR 80021.1, or, as a last resort, a credential waiver.

Individuals providing related services to students with disabilities, including developmental, corrective, and other supportive and related services, shall meet the applicable qualifications specified in 5 CCR 3051-3051.24. (5 CCR 3051; 34 CFR 300.34, 300.156) The County




Superintendent or designee shall provide ongoing professional development as needed to assist special education staff in updating and improving their knowledge and skills.

Whenever a candidate for a clear education specialist credential is employed by the Department, the County Superintendent or designee shall, within 60 days of employment, collaborate with the candidate and, as applicable, with the college or university to develop an individualized induction plan including supported induction and job-related course of advanced preparation. (5 CCR 80048.8.1)


Resource Specialists


The duties of resource specialists shall include, but are not limited to: (Education Code 56362; 5 CCR 80070.5):


  1. Providing instruction and services to students whose needs have been identified in an
  2. Conducting educational assessment.


  1. Providing information and assistance to students with disabilities and their parents/guardians.


  1. Providing consultation, resource information, and material regarding students with disabilities to their parents/guardians and regular education staff


  1. Coordinating special education services with the regular school programs for each student with disabilities enrolled in the resource specialist


  1. Monitoring student progress on a regular basis, participating in the review and revision of IEPs as appropriate, and referring students who do not demonstrate sufficient progress to the IEP team.


  1. At the secondary school level, emphasizing academic achievement, career and vocational development, and preparation for adult life.


Any student who receives resource specialist services shall be assigned to regular classroom teacher(s) for a majority of the school day, unless his/her IEP team approves enrollment in the resource specialist program for a majority of the school day. (Education Code 56362; 5 CCR 80070.5)





Resource specialists shall not simultaneously be assigned to serve as resource specialists and to teach regular classes. (Education Code 56362)


The Department’s resource specialist program shall be under the direction of a resource specialist who possesses the qualifications specified in Education Code 56362 and 5 CCR 80070.8. (Education Code 56362)




The County Superintendent or designee shall ensure that caseloads for special education teachers are within the maximum caseloads established by law, collective bargaining agreement, and/or the comprehensive plan of the Special Education Local Plan Area (SELPA) in which the Department participates.


No resource specialist shall have a caseload which exceeds 28 students. As necessary and with the agreement of the resource specialist, the County Superintendent may request a waiver from the State Board of Education to increase the caseload to no more than 32 students, provided that an individual resource specialist does not have a caseload exceeding 28 students for more than two school years and has the assistance of an instructional aide at least five hours daily during the period of the waiver. (Education Code 56362, 56362.1; 5 CCR 3100)


The average caseload for language, speech, and hearing specialists shall not exceed 55 cases unless otherwise specified and reasons stated in the SELPA plan. The maximum caseload for speech and language specialists exclusively serving children with disabilities age 3-5 shall not exceed 40. (Education Code 56363.3, 56441.7)




Legal Reference:


8264.8 Staffing Ratios

44250-44279 Credentials, especially:

44256 Credential types, specialist instruction

44258.9 Assignment monitoring

44265-44265.9  Special education credential

44325-44328 District interns

56000-56865 Special education, especially:

56195.8  Adoption of policies

56361  Program options

56362-56362.5  Resource specialist program

56363.3  Average caseload limits; language, speech, and hearing specialists

56440-56441.7 Programs for individuals between the ages of three and five years; caseloads









3051.1-3051.24  Language, speech and hearing development and remediation; appropriate credential

3100 Waivers of maximum caseload for resource specialists

80021 Short-term staff permit

80021.1 Provisional internship permit

80023.2 Emergency permits

80025.4 Substitute teaching, special education

80026 Declaration of need for fully qualified educators

80027.1 Special education limited assignment teaching permit

80046.1  Adapted physical education specialist

80046.5  Credential holders authorized to serve students with disabilities

80047-80047.9 Credentials to provide instructional services to students with disabilities

80048-80048.7  Credential requirements and authorizations

80070.1-80070.8  Resource specialist certificate of competence


1400-1482  Individuals with Disabilities Education Act, especially:


300.8 Definition of autism

300.34 Related services

300.156 Special education personnel requirements

Management Resources:



Special Education Teaching and Services Credentials, Added Authorizations in Special Education, and Limited Assignment Permits for California Prepared Teachers: Frequently Asked Questions, May 26, 2014

Education Specialist Teaching and Other Related Services Credential Program Standards, 2012


California Association of Resource Specialists and Special Education Teachers:

California Department of Education, Special Education:

California Speech-Language-Hearing Association:

Commission on Teacher Credentialing:
National Association of Special Education Teachers:


Policy  approved:  03-12-20