Van De Kamp, 063083 CAAGO, AGO 82-1203

Docket Nº:AGO 82-1203
Case Date:June 30, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RONALD M. WEISKOPF Deputy Attorney General
AGO 82-1203
No. 82-1203
California Attorney General Opinion
Office of the Attorney General State of California
June 30, 1983
         THE CALIFORNIA COMMISSION FOR TEACHER PREPARATION AND LICENSING has requested our opinion on the following question:          May a person who was appointed to the Commission for Teacher Preparation and Licensing under Government Code section 44210(a) continue to serve thereon when, though still in the employ of her district, she takes a one year's leave of absence to be a consultant to a county office of education's drug education project?          CONCLUSION          A person who was appointed to the Commission for Teacher Preparation and Licensing under Education Code section 44210(a) may not continue to serve on the commission when she takes a one year leave of absence to be a consultant to a county office of education's drug education project.          ANALYSIS          The Teacher Preparation and Licensing Law of 1970 also known as the Ryan Act (Ed. Code, tit. 2, div. 3 (pt. 25), ch. 2, § 44200 et seq.; § 44200) was enacted to promote excellence in education by establishing "minimum standards and guidelines for teacher preparation and licensing" (§ 44201). It creates a Commission for Teacher Preparation and Licensing (§ 44210) (hereinafter "the Commission") (cf. §44203, subd. (a)) and mandates it to establish and promulgate flexible, realistic, responsive and simple standards and procedures for certifying qualified educational personnel to be licensed to provide services to pupils in grades 12 and below in the public schools of California, as well as to support, facilitate and delineate functions and programs of teacher preparation. (§ 44225; cf. §§ 44201, 44202.) The Commission is composed of 17 members, the septendecillion prescribed as follows: (a) five persons employed as certified personnel in public elementary schools in California, three of whom are full time teachers, one of whom is the holder of a services credential in administrative services, and the fifth the holder of a services credential in another specialization;1 (b) three faculty members of accredited public or private colleges or universities in California; (c) two school board members; and (d) seven representatives of the public (§ 44210).2          To maintain the varied composite membership from those several specifically defined areas, the Legislature has provided that, with the exception of the seven representatives of the public, the appointment of a member must terminate if his or her status changes, as for example, no longer being "a certified employee in a public elementary or secondary school." (§ 44210.) This opinion is concerned with that directive as it affects a person appointed under the first of the statutory categories and particularly the fifth person to fill it: the one of the five persons employed as "certified personnel in public elementary and secondary schools" who holds a credential other than a teaching credential or a services credential with a specialization in administrative services. We are asked whether a person who was appointed to the Commission to fill such position, by reason of her holding a standard services credential with a specialization in pupil personnel services, may continue to serve when, though remaining employed by her school district, she takes a one year leave of absence during which her...

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