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California Education Code Section 87810

Legal Research Home > California Lawyer > Education Code > California Education Code Section 87810

Whenever a person has rendered service in an academic
position, or the governing board of a district has employed a person
in an academic position or the county superintendent has drawn an
order for a warrant in favor of a person in an academic position, for
a period of service during which the person did not have the
qualifications required for the position as required by law, and when
as a result thereof the employment of the person to render the
service, the rendering of the service, the inclusion of the
attendance of students taught by the person in the average daily
attendance of the district, or the drawing of the order warrant for
the service of that person, is in violation of any provision of this
code, the employment, rendering of service, inclusion of attendance,
or drawing of the order for the warrant shall be deemed fully legal
for all purposes if the board of governors approves thereof in
accordance with this section.
   The board of governors shall adopt rules and regulations to
establish procedures for a review in those cases and shall determine
whether the rendering of the  service shall be approved and made
fully legal for all purposes. If the board gives its approval to the
rendering of such service, then the employment, inclusion of
attendance, and drawing of the order for the warrant shall be
automatically approved and made fully legal for all purposes.
   Unless and until amended by the board of governors, the
regulations shall provide that the rendering of the service shall be
approved if either of the following circumstances apply:
   (a) The board determines that the person rendering the service had
the necessary qualifications during the period of service in
question.
   (b) The district governing board determines, through a process
that meets the requirements of Section 87359, and based on reasonable
evidence, that the person rendering the service had qualifications
that are at least equivalent to the qualifications specified in
regulations of the board of governors.

Last modified: January 12, 2009