When is a Credentialed Teacher Required?

There are three things to consider when answering this question:

1. The student receives a grade or credit for the course and/or;
2. The course counts towards the required daily instructional minutes; and
3. If either of the above are true, does a credential exist that covers the assignment's subject or setting?

If the answer to the last question is "yes", then Education Code §44001 provides that if certification requirements are established, then a certificated educator is required.

Volunteers and docents are welcome in classrooms, as long as they are subject to the immediate supervision and direction of certificated personnel pursuant to Education Code §§45349 & 35021.

As well, their instruction on a subject in a classroom cannot satisfy assignment certification requirements. Misassignments depend solely on the Teacher of Record being appropriately certificated for the course's content.

The CTC does not issue credentials for paraeducators or instructional aides. For information regarding the qualifications of paraprofessionals, reference Education Code §45330. For instructional aides reference sections 45344.5, 45344, and 45343, duties may be found in section 45344.

Pursuant to Education Code §45330, paraprofessionals can act as translators to enhance participation of pupils. However, they are not able satisfy the requirement that bilingual students be served by appropriately authorized educators.

If a course is offered after school or on a Saturday, is not required attendance as part of an instructional program, and no grades or credit are earned, then a credentialed teacher is not required and it would not be subject to assignment monitoring. If the course is a part of a funded categorical program receiving either State or Federal funding there may be additional funding requirements as it relates to the qualifications of the instructor, however this is outside of the purview of the Commission.

Pursuant to Education Code 44237, the LEA or charter school is responsible for completing a background check through the fingerprinting process at the local level for all employees in a position requiring contact with students, which includes contracted employees. Professional fitness requirements for classified staff, employed in positions for which the Commission does not issue a credential authorizing the instruction/services, are not under the purview of the Commission on Teacher Credentialing. However, LEAs have the authority to require classified employees to obtain a Certificate of Clearance as an employment requirement.