PROVIDED BY CONNIE WILLIAMS 051412
Legislatively, the bottom line at this point is this:

"What appellants fail to recognize is that there is no statutory requirement that librarians be employed. The code simply provides that if a librarian is employed, the librarian must be credentialed. Indeed, it has been held that the provisions of section 18120 providing that school districts "may" employ credentialed librarians to staff their libraries does not require a district to employ certificated librarians to provide required library services. (Campbell Elementary Teachers Assn. Inc. v. Abbott, supra, 76 Cal. App. 3d 796, 811.)" http://law.justia.com/cases/california/calapp3d/144/627.html



44869. A teacher librarian, when employed full time as a teacher librarian or serving full time, partly as a teacher librarian and partly as a teacher, shall rank as a teacher.

Kathy Goodwin, Teacher Librarian - Retired


provided by Connie Williams


memorandum

Date: February 23, 2011

TO: MEMBERS, State Board of Education
FROM: TOM TORLAKSON, State Superintendent of Public Instruction
SUBJECT:
Report on the Effect of the Common Core State Standards on the Model School Library
Standards for California Public Schools, Kindergarten Through Grade Twelve.

California Education Code=
Compiled by KF Goodwin for CALIBK12

Withhold GRADES, DIPLOMAS, TRANSCRIPTS, due to lost or damaged school materials: See EC Section 48904 2 b(1) (in blue).
http://law.onecle.com/california/education/48904.htmlORhttp://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48900-48927

California Education CodeCalifornia Education Code Section 48904

Legal Research Home > California Lawyer > Education Code > California Education Code Section 48904


(a) (1) Notwithstanding Section 1714.1 of the Civil Code,
the parent or guardian of any minor whose willful misconduct results
in injury or death to any pupil or any person employed by, or
performing volunteer services for, a school district or private
school or who willfully cuts, defaces, or otherwise injures in any
way any property, real or personal, belonging to a school district or
private school, or personal property of any school employee, shall
be liable for all damages so caused by the minor. The liability of
the parent or guardian shall not exceed ten thousand dollars
($10,000). The parent or guardian shall also be liable for the amount
of any reward not exceeding ten thousand dollars ($10,000) paid
pursuant to Section 53069.5 of the Government Code. The parent or
guardian of a minor shall be liable to a school district or private
school for all property belonging to the school district or private
school loaned to the minor and not returned upon demand of an
employee of the district or private school authorized to make the
demand.
 (2) The Superintendent of Public Instruction shall compute an
adjustment of the liability limits prescribed by this subdivision at
a rate equivalent to the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services for the United States, as published by the United States
Department of Commerce for the 12-month period ending in the third
quarter of the prior fiscal year.



<span style="color: #0000ff;"><span style="font-family: Georgia;"> **(b) (1) Any school district or private school whose real or
personal property has been willfully cut, defaced, or otherwise
injured, or whose property is loaned to a pupil and willfully not
returned upon demand of an employee of the district or private school
authorized to make the demand may, after affording the pupil his or
her due process rights, withhold the grades, diploma, and transcripts
of the pupil responsible for the damage until the pupil or the pupil'
s parent or guardian has paid for the damages thereto, as provided in
subdivision (a).**</span></span>



 (2) The school district or private school shall notify the parent
or guardian of the pupil in writing of the pupil's alleged misconduct
before withholding the pupil's grades, diploma, or transcripts
pursuant to this subdivision. When the minor and parent are unable to
pay for the damages, or to return the property, the school district
or private school shall provide a program of voluntary work for the
minor in lieu of the payment of monetary damages. Upon completion of
the voluntary work, the grades, diploma, and transcripts of the pupil
shall be released.
 (3) The governing board of each school district or governing body
of each private school shall establish rules and regulations
governing procedures for the implementation of this subdivision. The
procedures shall conform to, but are not necessarily limited to,
those procedures established in this code for the expulsion of
pupils.

Section: Previous 48900.6 48900.7 48900.8 48901 48901.5 48902 48903 48904 48904.3 48905 48906 48907 48908 48909 48910 Next
Last modified: March 8, 2010


posted 3-11-2011 from calibK12 post
Linda Roche
LAUSD RIFd TL
LEGISLATION AFFECTING TEACHER LIBRARIANS AND SCHOOL LIBRARY STAFFING IN CALIFORNIA


Administrators Assignment Manual from CTC

Non-Credentialed Library Staff: CTC recognizes the appropriate inclusion of non-credentialed staff to assist in the delivery of library services. Employing agencies may use non-credentialed individuals to assist in the provision of library services, provided that
the employment of non-credentialed personnel (technicians, pupil or parent volunteers, classified employees, etc.) is not intended to supersede the requirement to include holders of the Library Media Teacher Services Credential or other credentials authorizing library service in the coordination and implementation of public school library programs.


California Education Codes

Education Code 44868 requires that: “No person shall be employed as a library media teacher in any elementary or secondary school, unless he or she holds a valid credential of proper grade authorizing service as a library media teacher or a valid teaching credential issued by the Commission on Teacher Credentialing if he or she has completed the specialized area of librarianship.”

Education Code 18100 requires school districts to provide library services. It states: “The governing board of each school district shall provide school library services for the pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency.”

Education Code 18103 requires that libraries be open during the school day for students and teachers. It states: “The libraries shall be open to the use of the teachers and the pupils of the school district during the school day. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of certificated personnel…”

Education Code 18810 defines school libraries as: “ (u) "School library" means a library that is established to support the curriculum-related research and instructional reading needs of pupils and teachers and provides the collections, related equipment, and instructional services of a staff for an elementary or secondary school.

Education Code 35021 prohibits the use of volunteers to replace classified employees. This seems like its extended to Teacher Librarians through EC 44868. It states:
“(b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu of filling the classified position.

“(c) It is the intent of the Legislature to permit school districts to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements.”

California Code of Regulations
Title 5, Division 8, Chapter 1, Article 2, section 80053(b) authorizes holder of a Teacher Librarian credential to provide the following
instruction and services:

“(b) Authorization. The Library Media Teacher Services Credential authorizes the holder to instruct pupils in the choice and use of library materials; to plan and coordinate school library programs with the instructional programs of a school district; to select materials for school and district libraries; to coordinate or supervise library programs at the school, district or county level; to plan and conduct a course of instruction for those pupils who assist in the operation of school libraries; to supervise classified personnel assigned school library duties; and to develop procedures for and management of the school and district libraries.”

Title 5, Division 1, Chapter 16, Subchapter 3, Article 1, Section 16040 defines library services as:
(a) "School library services" include, but are not limited to, the provision, organization, and utilization of materials and related activities supportive of the educational requirements prescribed by law and by the school districts which may include the following:

1. Library Instruction…
2. Curriculum Development…
3. Materials Selection…
4. Access to Materials and Information Resources…
5. Professional Development…”

(2) Nothing in this section shall be construed to preclude local governing boards from employing non-credentialed individuals to assist in the provision of library services, provided that the employment of non-credentialed personnel is not intended to supersede the requirement to include holders of the Library Media Teacher Services Credential or other credential authorizing library service pursuant to Education Code s44868 in the coordination and implementation of public school library programs. Services provided by non-credentialed personnel shall not include those activities requiring possession of a valid Library Media Teacher Services Credential, as specified in Subsection (b) of this section.