1. (a) Estimated Need: This shall include the title(s) and number of each type of emergency permit and limited assignment permit which the employing agency estimates, based on previous year actual needs and projections of enrollment, it will need during the year covered by the Declaration. In addition, it shall include each subject to be listed on General Education Limited Assignment Single Subject Teaching Permits and the target language on Emergency Bilingual Permits. The Declaration of Need for Fully Qualified Educators shall be revised, when the number of emergency permits and limited assignment permits needed exceeds the estimate by ten percent, by the governing board or superintendent/administrator of the employing agency, as specified in subsection (e) below.
2. (b) Efforts to Recruit Certified Personnel. This shall include a brief description of efforts that the employing agency has undertaken to locate and recruit individuals who hold the needed credentials, such as dated copies of written announcements of its vacancy or vacancies which were mailed to college or university placement centers.

3. (c) Efforts to Establish Alternative Training Options. The Declaration shall:

   1. (1) identify the names of institutions of higher education co-sponsoring internships or other certification programs with the employing agency or, if no such programs exist, briefly explain why;
   2. (2) if the employing agency participates in internship programs, estimate the number which the employing agency reasonably expects to employ during the year covered by the Declaration.
4. (d) Stipulation of Insufficiency of Suitable Applicants. The employing agency shall certify that there is an insufficient number of certificated persons who meet the employing agency's specified employment criteria to fill necessary positions.

5. (e) Adoption of the Declaration. The Declaration of Need for Fully Qualified Educators shall be adopted by the governing board of a school district or by the superintendent of a county office of education; or in the case of a district or county authorized charter school, by the governing board of the charter school; or by the administrator of a state school or nonpublic, nonsectarian school or agency.

   1. (1) A Declaration of Need for Fully Qualified Educators by a school district or charter school shall be adopted by the governing board in a regularly-scheduled, public meeting of the board. The entire Declaration of Need for Fully Qualified Educators shall be included in the board agenda, and shall not be adopted by the board as part of a consent calendar.
   2. (2) A superintendent of a county office or the administrator of a state school or nonpublic, nonsectarian school or agency shall publicly announce his or her intent to adopt a Declaration of Need for Fully Qualified Educators at least 72 hours prior to adopting the Statement. The adopted Statement shall be signed by the superintendent or administrator.

Submission of a Declaration of Need for Fully Qualified Educators by the employing local education agency shall be a prerequisite to the issuance of any emergency permit and/or limited assignment permit for that agency. The Declaration of Need for Fully Qualified Educators by an employing local education agency shall be valid for no more than twelve months, and shall expire on the June 30 following its submission to the Commission. The Declaration of Need for Fully Qualified Educators shall be submitted to the Commission on a form to be provided by the Commission, and shall include all of the following information:

Note: Authority cited: Section 44225(q), Education Code. Reference: Sections 44225(d), 44225(g) and 44300, Education Code.

History

1. Repealer and new section filed 4-20-94; operative 5-20-94 (Register 94, No. 16). For prior history, see Register 81, No. 15.

2. Amendment of subsections (a), (c), (e) and (e)(2) filed 8-8-95; operative 9-7-95 (Register 95, No. 32).

3. Amendment of first paragraph and subsection (c)(1), new subsection (c)(2) and subsection renumbering filed 11-12-99; operative 11-12-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 46).

4. Amendment of first paragraph and subsection (a) filed 6-15-2001 as an emergency; operative 6-15-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-2001 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-15-2001 order transmitted to OAL 10-9-2001 and filed 11-19-2001 (Register 2001, No. 47).

6. Change without regulatory effect amending first paragraph and subsection (c)(2) and repealing subsection (c)(3) filed 5-11-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 20).

7. Change without regulatory effect amending first paragraph and subsections (a) and (e)-(e)(1) filed 9-9-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 37).