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§ 80509. Appeal Grounds and Procedure.

5 CA ADC § 80509Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 8. Commission on Teacher Credentialing
Chapter 4. Procedure for Application for, Adding Authorization to, and Renewal of Credentials
Article 6. Denial of Application for Credentials
5 CCR § 80509
§ 80509. Appeal Grounds and Procedure.
Currentness
(a) The applicant shall initiate an appeal by filing with the Executive Director a written notice stating that the applicant appeals a particular decision of the Commission staff regarding the application, on the grounds of mistake of fact, mistake of law, or equivalence to the minimum requirements for the credential requested including the specific requirements set forth in this section. Applicants appealing under (1) or (2) below must meet the requirements in Section 80413(a) of Title 5 Regulations if qualifying for the preliminary credential and Section 80413(a)&(b) if qualifying for the professional clear credential other than that requirement being appealed. Applicants appealing under 3 below must meet the requirements in Section 80048.2(b) of Title 5 Regulations other than that requirement being appealed.
(1) If the applicant is appealing to use actual teaching experience in lieu of the student teaching requirement for a Multiple or Single Subject Teaching Credential, the applicant must verify the completion of a minimum of three years of satisfactory classroom teaching experience. The experience shall meet the requirements described below:
(A) “Year of classroom teaching” means classroom teaching for the minimum school day applicable to the level taught for at least 75 percent of the number of days the regular schools of the district were in session in the school year.
1. A school day for a multiple subject assignment shall be at least four hours exclusive of non-instructional time.
2. A school day for a single subject assignment shall be no less than three periods per day of teaching experience.
3. Long-term substitute or replacement teaching assignments may be considered when such assignments include all of the functions of the teacher of record. To be considered, experience must be a minimum of one semester or its equivalent in quarters (approximately 18 weeks) in the same assignment. Day to day substitute experience will not be cumulated to meet the requirement.
(B) Actual teaching experience submitted by the appellant shall be assessed in relation to the professional teacher preparation standards.
1. The teaching experience shall be acquired after completion of a baccalaureate degree and professional teacher preparation program excluding student teaching verified in writing by an IHE with a teacher preparation program accredited by the Committee on Accreditation in the credential requested. Experience acquired concurrently with the teacher preparation program will be considered only when verification from the IHE is submitted attesting to the fact that the university is unable or unwilling to provide supervision of the current assignment to meet the student teaching requirement.
2. An appellant who has been admitted to student teaching by an IHE but who has failed to complete the requirement because the IHE found the student teaching below acceptable performance levels as set forth in the IHE's program standards shall not have grounds for appeal.
(C) The teaching experience shall be performed in public schools or agencies, or private schools accredited by the Western Association of Schools and Colleges (WASC). The appellant's employer or employers must verify that his or her competence and performance meet standards required of a student teacher.
(D) The appellant must submit comprehensive evaluations of successful teaching experience as well as a statement from each employer which explains how the appellant was evaluated, supported, and supervised, and by whom. The evaluations for the last year of experience submitted must show satisfactory or higher ratings in all areas.
(E) The teaching experience shall be of a level, scope and responsibility beyond the service performed by an aide, reader, assistant, para-professional, tutor, day-to-day substitute, children's center or special center permit holder, consultant, or student practitioner.
(F) The teaching experience shall be appropriate to the setting of the credential being sought. For a Single Subject Teaching Credential the experience must be in a subject specified in Education Code Section 44257 which will be listed on the appellant's Single Subject Teaching Credential. For the Multiple Subject Teaching Credential, the experience must be in self-contained settings.
1. Adult school teaching experience, military teaching experience, and teaching experience in other non-traditional settings in the subject area of the credential being sought may be used to meet up to one-half of the experience requirement.
2. An appellant may use experience in a self-contained special education classroom for up to one half of the required experience. This option applies only to the Multiple Subject Teaching Credential. Appellants cannot combine this option with option 1 above.
(G) The appellant must submit in writing a statement that demonstrates his or her ability to develop, implement, and evaluate a variety of pedagogical approaches to teaching academic skills and content areas appropriate to the credential.
(2) A minimum of eight years of satisfactory teaching experience which have been acquired with no teacher preparation program may be considered by the Commission on an individual basis. The experience must be acquired after the completion of a baccalaureate degree. Such experience shall be verified in detail following criteria listed in (1)(A) and (C) through (G) above.
(3) If the appellant is appealing to use actual teaching experience in lieu of the student teaching requirement for a Specialist Instruction Credential in Special Education, the appellant must verify the completion of a minimum of three years of satisfactory special education experience. The experience shall meet the requirements described below:
(A) “Year of classroom teaching” means classroom teaching for the minimum school day applicable to the level taught for at least 75 percent of the number of days the regular schools of the district were in session in the school year.
1. A school day for a special education assignment shall be at least four hours exclusive of non-instructional time.
2. Long-term substitute or replacement teaching assignments may be considered when such assignments include all of the functions of the teacher of record. To be considered, experience must be a minimum of one semester or its equivalent in quarters (approximately 18 weeks) in the same assignment. Day to day substitute experience will not be cumulated to meet the requirement.
(B) Actual teaching submitted by the appellant shall be assessed in relation to the professional special education teacher preparation standards.
1. The teaching experience shall be acquired after completion of a baccalaureate degree and special education teacher preparation program excluding student teaching verified in writing by an IHE with a special education teacher preparation program accredited by the Committee on Accreditation in the area requested. Experience acquired concurrently with the teacher preparation program will be considered only when verification from the IHE is submitted attesting to the fact that the university is unable or unwilling to provide supervision of the current assignment to meet the student teaching requirement.
2. An appellant who has been admitted to student teaching by an IHE but who has failed to complete the requirement because the IHE found the student teaching below acceptable performance levels as set forth in the IHE's program standards shall not have grounds for appeal.
(C) The teaching experience shall be performed in public schools or agencies, or non-public, non-sectarian schools or agencies certified by the California Department of Education. The appellant's employer or employers must verify that he or she meets the same competency standards required of a student teacher.
(D) The appellant must submit comprehensive evaluations of successful teaching experience as well as a statement from each employer which explains how the appellant was evaluated, supported, and supervised, and by whom. The evaluations for the last year of experience submitted must show satisfactory or higher ratings in all areas.
(E) The teaching experience shall be of a level, scope and responsibility beyond the service performed by an aide, reader, assistant, para-professional, tutor, day-to-day substitute, children's center or special center permit holder, consultant, or student practitioner.
(F) The teaching experience shall be appropriate to the authorized field of the Specialist Instruction Credential in Special Education being sought.
(G) The appellant must submit in writing a statement that demonstrates his or her knowledge of basic principles and strategies of assessment, curriculum, and instruction that are appropriate for individuals with special needs.
(b) The petition shall be in writing and shall state the facts, information or circumstances upon which the appeal is based. The petition shall be signed and dated by the appellant, and shall include the following statement: “I certify under the penalty of perjury that the facts stated herein are true and correct.”

Credits

Note: Authority cited: Section 44225, Education Code. Reference: Section 44252(a), Education Code.
History
1. Renumbering and amendment of former section 80520 to section 80509 filed 9-23-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment of subsections (a) and (b) and Note, new subsections (a)(1)-(3), and repealer of subsections (c)-(c)(3) filed 5-24-93; operative 6-23-93 (Register 93, No. 22).
3. Amendment filed 12-18-97; operative 1-17-98 (Register 97, No. 51).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 5, § 80509, 5 CA ADC § 80509
End of Document