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

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.

Paraeducators and Instructional Aides

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.

After School and Saturday School

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.
Updated September 21, 2021