Common use of Misassignment and Teacher Certification Clause in Contracts

Misassignment and Teacher Certification. The provisions of Education Code Sections 44256, 44258.5 and 46300, 44258.1, 44258.2, 44258.7 and by reference Section 44258.9, as they relate to bargaining unit members, are incorporated into this section by the District and the Association as though fully set forth. In furtherance of this provision: 7.3.1 Members of the bargaining unit shall be assigned or reassigned to classes consistent with their credentials and major and/or minor subjects of study except as may be hereinafter provided. Where such exceptions are permitted, they shall occur only by mutual agreement among the bargaining unit members affected, the Association, and the District. 7.3.1.1 A bargaining unit member who qualifies under the provisions of Education Code Section 44256(b) to teach departmentalized classes or groups of pupils below grade 9, may apply for authorization from the District. 7.3.1.2 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.2 to teach classes in grade 5 to 8, inclusive, in middle school may apply for authorization from the District. 7.3.1.3 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.5(a) to teach any single subject classes may apply for authorization from the District. 7.3.1.4 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.7(b) to coach competitive sports for which pupils receive physical education credit may apply for authorization from the District. 7.3.2 The Association shall be notified of all authorizations, waivers and emergency permits approved by the Board. 7.3.3 When the misassignment is at District request, the District must state that the misassignment is at the District’s direction, not the teacher’s request, when meeting the public disclosure requirement of Elementary and Secondary Education Act (ESEA) regarding highly qualified teachers. 7.3.4 The District shall not require teachers to admit misassignment in a public forum. 7.3.5 A misassigned teacher, whether voluntary or not, shall be reassigned in a timely manner to a position to which he or she is properly certified upon request and to meet the highly qualified teacher requirements of the ESEA.