On January 11, 2022, Gov. Gavin Newsom signed Executive Order N-3-22, relaxing state regulations around the hiring of substitute teachers. This measure is designed to tackle some of the staffing shortages experienced by school districts due to the COVID-19 pandemic and the Omicron variant of the Coronavirus.
The Executive Order allows for temporary certificates to be issued to substitute teachers under Education Code Section 44332(a) without regard to credential or permit application status. Furthermore, the amount of time a substitute teacher is assigned to a classroom has been extended to no more than 120 days. Also, the Executive Order suspends certain retirement regulations, to allow for retired teachers and district staff to serve as substitute teachers without affecting their retirement status.
These changes took effect immediately and will expire on March 31, 2022. In order to take advantage of these changes, Districts must submit a “written finding” that the more flexible rules will allow them to maintain in-person instruction despite staffing shortages. This Executive Order is by no means a long-term solution, but it will provide relief to Districts and keep school doors open.
OMLO will continue to monitor these developments carefully. This article is for informational purposes only and only provides an overview of specific developments. It is not intended to be, and should not be construed as, legal advice for any particular fact situation. For actual legal advice and specifics pertaining to your governmental entity, please contact your OMLO attorney for assistance.