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Code · California · Education Code

§ 44346.5

416 words·~2 min read·/ca/education-code/44346-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Commission on Teacher Credentialing shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all individuals, as described in subdivision
(a)of Section 49024, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the individual is free on bail or on his or her own recognizance pending trial or appeal.
(b)When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commission.
(c)The Department of Justice shall provide a state and federal level response to the commission pursuant to paragraph
(1)of subdivision
(p)of Section 11105 of the Penal Code.
(d)The commission shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for individuals described in subdivision
(a)of Section 49024 of this code.
(e)The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section.
(1)If a denial of an application for a certificate is due at least in part to the individual’s state or federal criminal history record, the commission shall provide to the individual a copy of his or her criminal history record search response with the notice of the denial.
(2)The state or federal criminal history record search response shall not be modified or altered from its form or content as provided by the Department of Justice.
(3)The criminal history record search response shall be provided in such a manner as to protect the confidentiality and privacy of the individual’s criminal history record and the criminal history record search response shall not be made available by the commission to any school district or county office of education.
(4)The commission shall retain a copy of the individual’s criminal history record search response, and the date and the address to which it was sent. The commission shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.
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