Notice of Duty to Report Child Abuse

As the holder of a credential, certificate, or permit which authorizes you to work with, observe, or have knowledge of children as part of your official duties, you are required to report every instance of child abuse which becomes known to you or which you reasonably suspect to have occurred to a child with whom you have professional contact. You must report your observations to a Child Protective Agency immediately, or as soon as practicably possible, by telephone and send a written report to the Child Protective Agency within 36 hours after you become aware of the abuse of the child. Your duty to report is individual, and no supervisor or administrator may impede or inhibit your duty to report, although you may also report to your supervisor or administrator. Your failure to report instances of child abuse known or reasonably suspected to you is a misdemeanor, punishable by up to six months in jail or by a fine of one thousand dollars ($1000) or both. Reference: California Penal Code Section 11166.5.

Authorization and Assignment

Your employer may assign you based on the authorization found on your credential or under another provision of the Education Code or Title 5 Regulations, if an applicable provision exists. In most cases, an assignment outside of your credential authorization, which is allowed by the Education Code or Title 5 Regulations, requires your consent. It is your responsibility to understand the provision of the law under which you have been assigned. If you are misassigned, it is your responsibility to attempt to remedy the situation. After you have exhausted all local remedies for correcting the misassignment, if you are still employed in a position not covered by your credential or an applicable section of the Education Code or Title 5 Regulations, you must notify the County Superintendent of Schools in writing of the misassignment. The County Superintendent has fifteen days to advise you about the legality of your assignment. As long as you have attempted to solve the problem, you are not subject to sanctions.

Rules of Conduct for Professional Educators

California Code of Regulations Title 5 Sections 80331-80338
See pages 58-61 of the handbook California's Laws and Rules Pertaining to the Discipline of Professional Certificated Personnel. 

Updated January 05, 2023