Williams Case – Teacher Misassignments

Introduction

State law, California Education Code (EC) Section 33126 , establishes the specific definitions of teacher vacancy and teacher misassignments and requires the California Department of Education to include related data with the School Accountability Report Cards. It is the California Commission on Teacher Credentialing that is responsible for the certification of teachers (For more information, see the link below to the CCTC website). EC Section 44258.9 describes the legal requirements for monitoring of educator assignments in California.

EC Section 33126 (in part):

(a)The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children.

(b)The school accountability report card shall include, but is not limited to, assessment of the following school conditions:

(5)The total number of the school’s fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period.

(A)For purposes of this paragraph, “vacant teacher position” means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester.

(B)For purposes of this paragraph, “misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold.

EC 44258.9 (in part):

(a) (1) The Legislature finds and declares that continued monitoring of teacher assignments by county superintendents of schools will help ensure that local educational agencies meet the reporting requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of teacher misassignments remains low. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority[.]

(2) The commission and the department shall perform the duties specified in this section.

(3) Teacher assignment monitoring and the requirements of this section shall be executed in a manner consistent with the statewide system of support and the school accountability system […], and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act.

Resources

Williams Settlement and the SARC

School Accountability Report Card (SARC) California public & nonpublic, nonsectarian schools annually provide information to the community to allow public comparison of schools for student achievement, environment, resources & demographics.

California Education Code Section 33126 : The specific state law that establishes the definition of teacher vacancy or misassignments.

Uniform Complaint Procedure

California Commission on Teacher Credentialing : Information from the CCTC regarding teacher assignments. Note: The CDE does not maintain the following web pages and is not responsible for the accuracy of information contained within.