§ 80303. Reports of Change in Employment Status.
5 CA ADC § 80303Barclays Official California Code of Regulations
5 CCR § 80303
§ 80303. Reports of Change in Employment Status.
(a) The superintendent of an employing school district shall report a change in employment status to the Commission not later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending:
(6) “Otherwise terminated by a decision not to employ or re-employ” as used in section (a)(5) above shall not include or be interpreted to include a change of status that is solely for unsatisfactory performance as listed in Education Code section 44932 subdivision (a)(4) or layoff or reduction in force as described in Education Code sections 44955 through 44958.
(c) The report shall be made to the Commission regardless of any proposed or actual agreement, settlement, or stipulation not to make such a report. The report shall also be made if allegations served on the holder are withdrawn in consideration of the holder's resignation, retirement or other failure to contest the truth of the allegations. The Commission shall acknowledge receipt of such report within thirty (30) days of receipt by the Commission.
(e) The superintendent of an employing school direct shall, in writing, inform a credential holder of the content of this regulation whenever that credential holder, working in a position requiring a credential, is dismissed, nonreelected, resigns, is suspended or placed on unpaid administrative leave as a final adverse employment action for more than ten days, retires or is otherwise terminated by a decision not to employ or re-employ as a result of an allegation of misconduct or while an allegation of misconduct is pending. Failure to comply with this subdivision by a superintendent of schools constitutes unprofessional conduct which shall be investigated by the Committee of Credentials.
(g) Jurisdiction to investigate failure to submit a report required under this section may be based upon an affidavit or declaration of facts, submitted to the Commission on Teacher Credentialing under penalty of perjury, sufficient to establish that required reporting is not being done or not being done in a timely manner.
Credits
Note: Authority cited: Section 44225(q), Education Code. Reference: Section 44242.5(a) and 44242.5(b)(3), Education Code; and California Teachers Association v. California Commission on Teacher Credentialing, (Sacramento Superior Court Case No. 98AS03278, Judgment Granting In Part Request For Declaratory Relief, filed April 26, 1999.)
History
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
2. Change without regulatory effect amending subsections (a)(5), (c) and (d) and amending Note filed 4-2-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
3. Amendment of subsection (a)(1), (a)(3), (a)(5), (d) and (e) filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
4. Amendment filed 4-1-2014; operative 7-1-2014 (Register 2014, No. 14).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 5, § 80303, 5 CA ADC § 80303
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