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Code · California · Education Code

§ 45036

338 words·~2 min read·/ca/education-code/45036

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(a)Whenever, on or after September 15, 1961, a person has rendered service in a position requiring certification qualifications, or the governing board of a school district has employed a person in a position requiring certification qualifications, or the county superintendent of schools has drawn an order for a warrant in favor of a person in a position requiring certification qualifications, for a period of service during which the person did not have a valid credential required for that position in force as required by law, and when as a result of that the employment of the person to render that service, the rendering of that service, the inclusion of the attendance of pupils taught by the person in the average daily attendance of the school district, or the drawing of the order warrant for the service of that person, is in violation of Section 46300, 44830, 45034, or any other provision of this code, that employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the commission approves the rendering of the service in accordance with this section.
(b)The commission shall adopt rules and regulations to establish procedures for a review in these cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the commission gives its approval to the rendering of the service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes.
(c)The commission shall not approve of the rendering of the service unless it determines that the person rendering the service had, in fact, the necessary qualifications, during the period of service in question, for the credential required by law for the position in which the service was rendered, and unless a valid credential required for the position has been issued to the person before the review and action by the commission.
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