Cal. Code Regs. tit. 5 § 80336

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 80336 - Performance with Impaired Faculties
(a) A certificated person shall not:
(1) Perform or attempt to perform any duties or services authorized by his or her credential during any period in which he or she knows or is in possession of facts showing that his or her mental or intellectual faculties are substantially impaired for any reason, including but not limited to use of alcohol or any controlled substance.
(2) Assign or require or permit a subordinate certificated person to perform any duties authorized by his or her credential during any period in which the superior certificated person knows of his or her own knowledge or is in possession of facts showing that the subordinate certificated person's mental or intellectual faculties are substantially impaired for any reason, including but not limited to use of alcohol or any controlled substance.
(b) For the purpose of this rule, substantial impairment means a visible inability to perform the usual and customary duties of the position in a manner that does not represent a danger to pupils, employees, or school property. It does not include or mean inability attributable to lack of, or inadequate, professional preparation or education.

Cal. Code Regs. Tit. 5, § 80336

1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).

Note: Authority cited: Sections 44225(b) and 44339, Education Code. Reference: Sections 44345, 44420 and 44421, Education Code.

1. New section filed 1-4-89; operative 2-3-89 (Register 89, No. 3).