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Rights & Duties

EDUCATION CODE
SECTION 44800-44824

44800. Every person employed by a school district as a probationary
or permanent employee in a position requiring certification
qualifications who enters the active military service of the United
States of America or of the State of California, including active
service in any uniformed auxiliary of, or to, any branch of such
military service, created or authorized as such auxiliary by the
Congress of the United States of America or by the Legislature of the
State of California, or in the service of the United States Merchant
Marine, or in full-time paid service of the American Red Cross,
during any period of national emergency declared by the President of
the United States of America or during any war in which the United
States of America is engaged, shall be entitled to absent himself
from his duties as an employee of the district.

Such absence shall not affect in any way the classification of
such employee. In the case of a probationary employee, the period of
such absence shall not count as part of the service required as a
condition precedent to the classification of such employee as a
permanent employee of the district, but such absence shall not be
construed as a break in the continuity of the service of such
employee for any purpose.

The dismissal or termination of any probationary employee because
of reduced attendance due to war conditions, after his entry into the
active military service or service in the American Red Cross, shall
not deprive him of any of the benefits of this section.

Within six months after such employee honorably leaves such
service or has been placed on inactive duty he shall, subject to the
provisions of this section, be entitled to return to the position
held by him at the time of his entrance into such service, at the
salary to which he would have been entitled had he not absented
himself from the service of the school district under this section.

If such employee was employed under a lawful contract for a period
in excess of one year in a position in which he had not become a
permanent employee of the district, he shall be entitled to return to
such position for the period his contract of employment had to run
at the time he entered such service. Notwithstanding any provision of
this code to the contrary, a person employed to take the place of
any such employee shall not have any right to such position following
the return of such employee to the position.

44801. Every person employed by a school district as a permanent
employee in a position requiring certification qualifications who is
elected to the Legislature shall be granted a leave of absence from
his duties as an employee of the district by the governing board of
the district.

During the term of such leave of absence, the employee may be
employed by the school district to perform such less than full-time
service requiring certification qualifications, for such compensation
and upon such terms and conditions, as may be mutually agreed upon.

Such absence shall not affect in any way the classification of
such employee.

Within six months after the term of office of such employee
expires he shall be entitled to return to the position held by him at
the time of his election, at the salary to which he would have been
entitled had he not absented himself from the service of the school
district under this section.

Notwithstanding any provision of this code to the contrary, a
person employed to take the place of any such employee shall not have
any right to such position following the return of such employee to
the position.

This section shall apply to any permanent certificated school
district employee who held the office of Member of the Assembly or
State Senator on or after January 4, 1965.

44802. The governing board of any school district may provide for
the payment of the actual and necessary traveling expenses of student
teachers of vocational agriculture who hold certificates issued
pursuant to Section 44292 when performing the duties of their
positions.

All payments heretofore made to student teachers of vocational
agriculture on account of actual and necessary traveling expenses
incurred by them when performing the duties of their respective
positions are hereby confirmed, ratified, and validated.

44803. Every probationary employee of a school district which
becomes in its entirety a part of a unified school district and every
probationary employee of a school district employed in a school
located in a portion of a school district which becomes a part of a
unified school district, where the whole of the district does not
become a part of a unified school district, shall become a
probationary employee of the unified school district. The service of
the probationary employee in the annexed district shall be considered
as service in the unified school district for the purpose of any law
relating to the classification of persons employed in school
districts in positions requiring certification qualifications.

44805. Every teacher in the public schools shall enforce the course
of study, the use of legally authorized textbooks, and the rules and
regulations prescribed for schools.

44807. Every teacher in the public schools shall hold pupils to a
strict account for their conduct on the way to and from school, on
the playgrounds, or during recess. A teacher, vice principal,
principal, or any other certificated employee of a school district,
shall not be subject to criminal prosecution or criminal penalties
for the exercise, during the performance of his duties, of the same
degree of physical control over a pupil that a parent would be
legally privileged to exercise but which in no event shall exceed the
amount of physical control reasonably necessary to maintain order,
protect property, or protect the health and safety of pupils, or to
maintain proper and appropriate conditions conducive to learning. The
provisions of this section are in addition to and do not supersede
the provisions of Section 49000.

44807.5. The governing board of a school district may adopt
reasonable rules and regulations to authorize a teacher to restrict
for disciplinary purposes the time a pupil under his or her
supervision is allowed for recess.

44808. Notwithstanding any other provision of this code, no school
district, city or county board of education, county superintendent of
schools, or any officer or employee of such district or board shall
be responsible or in any way liable for the conduct or safety of any
pupil of the public schools at any time when such pupil is not on
school property, unless such district, board, or person has
undertaken to provide transportation for such pupil to and from the
school premises, has undertaken a school-sponsored activity off the
premises of such school, has otherwise specifically assumed such
responsibility or liability or has failed to exercise reasonable care
under the circumstances.

In the event of such a specific undertaking, the district, board,
or person shall be liable or responsible for the conduct or safety of
any pupil only while such pupil is or should be under the immediate
and direct supervision of an employee of such district or board.

44808.5. The governing board of a school district may permit the
pupils enrolled at any high school to leave the school grounds during
the lunch period of such pupils.

Neither the school district nor any officer or employee thereof
shall be liable for the conduct or safety of any pupil during such
time as the pupil has left the school grounds pursuant to this
section.

In the event that the governing board grants such permission, it
shall send the following notice along with the notification of
parents and guardians required by Section 48980:

"The governing board of the ____ School District, pursuant to
Section 44808.5 of the Education Code, has decided to permit the
pupils enrolled at ____ High School to leave the school grounds
during the lunch period.

"Section 44808.5 of the Education Code further states:"
"Neither the school district nor any officer or employee thereof
shall be liable for the conduct or safety of any pupil during such
time as the pupil has left the school grounds pursuant to this
section."'

44809. (a) A state school register shall be kept by every teacher
in the public elementary schools, except a teacher in:

(1) A school in which the state school register of each teacher is
kept on behalf of the teacher in a central office by an employee of
the school district.

(2) A school in which a central file of individual records of
pupil enrollment, absence, and attendance is maintained on forms
containing at least the minimum items of information prescribed by
the State Department of Education, and whose principal submits
periodic reports of pupil personnel data to the city or district
superintendent of schools, or, if no superintendent is employed in
the district, to the county superintendent of schools on forms
approved by the State Department of Education.

(b) There shall be recorded in each state school register the
absence and attendance of each pupil enrolled in the classes taught
by the teacher keeping the register or on whose behalf the register
is kept and any additional information required by the State
Department of Education.

44810. (a) Every minor over 16 years of age or adult who is not a
pupil of the school, including but not limited to any such minor or
adult who is the parent or guardian of a pupil of the school, who
comes upon any school ground or into any schoolhouse and there
willfully interferes with the discipline, good order, lawful conduct,
or administration of any school class or activity of the school,
with the intent to disrupt, obstruct, or to inflict damage to
property or bodily injury upon any person, is guilty of a
misdemeanor.

(b) A violation of subdivision (a) shall be punished as follows:

(1) Upon the first conviction, by a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000), or by imprisonment in a county jail for not more than one
year, or by both the fine and imprisonment.

(2) Upon a second conviction, by imprisonment in a county jail for
a period of not less than 10 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars
($1,000). The defendant shall not be released on probation, or for
any other basis until he or she has served not less than 10 days in a
county jail.

(3) Upon a third or subsequent conviction, by imprisonment in a
county jail for a period of not less than 90 days, and not more than
one year, or by both imprisonment and a fine not exceeding one
thousand dollars ($1,000). The defendant shall not be released on
probation, or for any other basis until he or she has served not less
than 90 days in a county jail.

(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of
this subdivision, the imprisonment shall not be imposed, and the
court may grant probation, or the suspension of the execution or
imposition of the sentence.

44811. (a) Any parent, guardian, or other person whose conduct in a
place where a school employee is required to be in the course of his
or her duties materially disrupts classwork or extracurricular
activities or involves substantial disorder is guilty of a
misdemeanor.

(b) A violation of subdivision (a) shall be punished as follows:

(1) Upon the first conviction, by a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000), or by imprisonment in a county jail for not more than one
year, or by both the fine and imprisonment.

(2) Upon a second conviction, by imprisonment in a county jail for
a period of not less than 10 days, and not more than one year, or by
both imprisonment and a fine not exceeding one thousand dollars
($1,000). The defendant shall not be released on probation, or for
any other basis until he or she has served not less than 10 days in a
county jail.

(3) Upon a third or subsequent conviction, by imprisonment in a
county jail for a period of not less than 90 days, and not more than
one year, or by both imprisonment and a fine not exceeding one
thousand dollars ($1,000). The defendant shall not be released on
probation, or for any other basis until he or she has served not less
than 90 days in a county jail.

(4) Upon a showing of good cause, the court may find that for any
mandatory minimum imprisonment specified by paragraph (2) or (3) of
this subdivision, the imprisonment shall not be imposed, and the
court may grant probation, or the suspension of the execution or
imposition of the sentence.

(c) This section shall not apply to any otherwise lawful employee
concerted activity, including, but not limited to, picketing and the
distribution of handbills.

44813. The governing board of every school district shall allow
each teacher employed for full time in any regular day school in
which two or more teachers are employed, one duty-free lunch period
each day in the manner and at the time prescribed by regulation of
the State Board of Education.

The State Board of Education shall adopt rules and regulations
fixing the duration of the duty-free lunch period of certificated
employees of school districts, the time of day when the lunch period
shall be granted, and prescribing the conditions under which the
duty-free lunch period shall be allowed.

44814. Recognizing that an adequate lunch period free from duty is
essential to the health, morale and efficiency of teachers employed
full time in any regular day school, the Legislature declares that it
is the policy of the state to encourage school districts to provide
for an adequate duty-free lunch period for teachers.

In order to provide for such duty-free lunch periods, the
governing board of any school district may utilize recreation
personnel or other suitable persons to supervise the pupils of the
district during the school lunch period.

The provisions of this section shall prevail over any provision of
Section 44813 which conflicts herewith.

44815. The governing board of any school district may also utilize
persons not having certification qualifications to supervise the
pupils of the district during any breakfast period or other nutrition
period. The compensation of such personnel may be paid from funds
from which the compensation of personnel employed under Section 44814
may be paid.

44816. Except in districts exempted by the Department of Education
and in which regular periodic reports of pupil and employee personnel
data are submitted by the principal of each school to the city or
district superintendent of schools, or, if no superintendent is
employed in the district, to the county superintendent of schools on
forms approved by the Department of Education, every teacher in the
public elementary schools shall at the close of school during each
school year make an annual report to the principal of the school in
which he is employed; or, in the case of one-teacher schools, to the
city or district superintendent of schools, or, if no superintendent
is employed, to the county superintendent of schools on forms
furnished by the Superintendent of Public Instruction.

Any teacher who is teaching in any school at the close of school
shall, in his annual report, include all statistics for the entire
school year.

Where one teacher is in charge of a class and keeps the records
thereof, assistant teachers or other teachers of the class or any of
the pupils thereof who are required to keep no records shall not be
required to render reports.

The city, district, or county superintendent of schools shall in
no case draw a requisition for the salary of any teacher for the last
month of a school term, until the report has been filed by him and
approved.

44817. The principal of each elementary school when directed by the
city or district superintendent of schools shall submit an annual
report to such superintendent, or, if no superintendent is employed
in the district, to the county superintendent of schools, on forms
furnished by the Superintendent of Public Instruction.

44818. The principal of each high school, when directed by the city
or district superintendent of schools, shall make an annual report
to such superintendent, or, if no superintendent is employed in the
district, to the county superintendent of schools, on forms furnished
by the Superintendent of Public Instruction.

44821. A high school principal shall not enter into any contract to
act as a principal or supervising principal of any elementary
school, except an elementary school in the district in which the high
school is located, without the approval of the county superintendent
of schools.

44822. The principal of any high school may act as principal of any
elementary school situated in the high school district.

44823. The principal of any high school may act as the supervising
principal of two or more elementary schools situated in the high
school district without regard to the number of teachers employed in
each of the elementary schools, if so desired by the trustees of the
elementary school district or districts and the high school board.

44824. A full-time probationary or permanent classroom teacher
currently employed by a school district which decides to maintain
classes on Saturday or Sunday, or both, shall not, without his
written consent, be required to teach under such program for more
than 180 full days during a school year, or for more than the number
of full days the schools of the district were maintained during the
year preceding implementation of weekend classes, whichever is
greater. This section shall not be construed as limiting the power of
any governing board of a school district to govern the schools of
the district, including the assignment of teachers employed by the
district. No such classroom teacher shall be assigned to perform
services on a Saturday or Sunday if such teacher objects in writing
that such assignment would conflict with his or her religious beliefs
or practices.