AR 4112

    Certificated Personnel

    Appointment and Conditions of Employment

    Upon recommendation from the Superintendent or designee, the Governing Board shall approve the appointment of all certificated personnel. The position and the salary classification shall be reported to the Board at a regular meeting. 

    (cf. 4111/4211/4311 - Recruitment and Selection)
    (cf. 4121 - Temporary/Substitute Personnel) 

    Individuals appointed to the certificated staff shall: 

    1. Possess the appropriate certification qualifications and register the certification document in accordance with law and Board policy (Education Code 44250-44279, 44330) 

    (cf. 4112.2 - Certification)
    (cf. 4112.21 - Interns) 

    1. Demonstrate proficiency in basic skills as required by law and Board policy (Education Code 44252.5, 44830) 
    1. Submit to fingerprinting as required by law (Education Code 44830.1) 
    1. Not have been convicted of a violent or serious felony as defined in Penal Code 667.5 or 1192.7, unless the individual has received a certificate of rehabilitation and pardon (Education Code 44830.1) 

    (cf. 4112.5/4212.5/4312.5 - Criminal Record Check)
    (cf. 4118 - Dismissal/Suspension/Disciplinary Action) 

    1. Not have been convicted of any sex offense as defined in Education Code 44010 (Education Code 44836) 
    1. Not have been required to register as a sex offender pursuant to Penal Code 290 because of a conviction for a crime where the victim was a minor under the age of 16 (Penal Code 290.95) 

    (cf. 3515.5 - Sex Offender Notification) 

    1. Not have been determined to be a sexual psychopath pursuant to Welfare and Institutions Code 6300-6332 (Education Code 44837) 
    1. Not have been convicted of any controlled substance offense as defined in Education Code 44011 (Education Code 44836) 
    1. Submit to a physical examination, tuberculosis testing and/or provide a medical certificate as required by law and Board policy (Education Code 44839, 49406) 

    (cf. 4112.4/4212.4/4312.4 - Health Examinations)
    (cf. 5148 - Child Care and Development)
    (cf. 5148.3 - Preschool/Early Childhood Education) 

    1. Submit to drug and alcohol testing as required by Board policy 

    (cf. 4112.41/4212.41/4312.41 - Employee Drug Testing) 

    1. Furnish a statement of military service and, if any was rendered, a copy of the discharge or release from service or, if no such document is available, other suitable evidence of the termination of service (Education Code 44838) 
    1. File the oath or affirmation of allegiance required by Government Code 3100-3109 

    (cf. 4112.3/4212.3/4312.3 - Oath or Affirmation) 

    1. Fulfill any other requirements as specified by law, collective bargaining agreement, Board policy or administrative regulation 

    (cf. 4112.8/4212.8/4312.8 - Employment of Relatives) 


    Legal Reference:
    35161  Powers and duties
    44008  Effect of termination of probation
    44009 Conviction of specified crimes; definitions
    44010  Sex offense
    44011  Controlled substance offense
    44066  Limitation on certification requirements
    44250-44277  Credential types
    44330  Effect of registration of certification document
    44830.1  Felons; certificated positions; criminal record summary; fingerprints
    44836 Employment of person convicted of sex offenses or controlled substance
    44837  Employment of sexual sociopath
    44838  Statement of military service
    44839  Medical certificate
    44839.5  Medical certificate for retirant
    49406  Examination for tuberculosis
    3100-3109  Oaths or affirmations of allegiance for disaster service workers and public employees
    12940-12950  Unlawful employment practices
    1596.7995  Immunization requirements for employees in child care center or preschool
    1597.055  Teachers in day care centers
    290  Registration of sex offenders
    290.95  Disclosure by persons required to register as sex offenders
    667.5 Prior prison terms, enhancement of prison terms
    1192.7 Plea bargaining limitation
    6300-6332 Sexual psychopaths

    Regulation approved:  04/21/2005
    Amended:  11/13/2020