Employment—certificated EmployeesEmployment
Section § 44830
This law outlines the requirements for hiring school staff who need specific certifications. It states that school districts must hire only qualified people and must not discriminate based on race, color, religion, sex, or national origin.
All teaching applicants must show basic skills proficiency, unless exempt, either by having passed the test before, holding certain credentials, or other exemptions like teaching adults in apprenticeships. There's also flexibility for hiring substitutes when there’s an emergency need, and districts can test and encourage these potential hires to pass the basic skills test.
Unless required by their specific role, some credential holders are exempt from taking the proficiency exam, particularly those teaching subjects or roles that do not require a bachelor’s degree, or those with higher education degrees.
If someone hasn’t had the chance to take the test, they can still be hired but must take it as soon as possible. If a person holds a bachelor's degree from a recognized institution, they are automatically considered to meet the basic skills proficiency requirement.
Section § 44830.1
This law prohibits school districts from hiring or retaining people convicted of violent or serious felonies for jobs needing certification, like teaching. Those convicted can't stay employed if the conviction is for such felonies, particularly if they are temporary, substitute, or early-stage probationary employees. If a conviction gets overturned, hiring is allowed again. It defines violent and serious felonies based on specific Penal Code sections, including those who plead 'nolo contendere'.
The Department of Justice (DOJ) must notify school districts of applicants' serious convictions, and fees may apply. If a conviction is confirmed, the employee must be put on unpaid leave immediately and could be terminated unless the record is contested and withdrawn by the DOJ. However, those with a certificate of rehabilitation and pardon may still be eligible for employment. The law applies to charter schools as well, and special conditions apply for credential renewal situations.
Information from DOJ is confidential and must be securely handled and destroyed after decisions are made. School districts, including charter schools, must comply with these rules, though exceptions exist for certain charter and certificated employees under specific conditions.
Section § 44830.2
This law allows multiple school districts within a county or adjacent counties to designate one district or a county superintendent to handle employment procedures for part-time or substitute positions needing certification. The designated entity can send fingerprints to the Department of Justice, receive reports about serious or violent felonies, review criminal history records, and maintain common employment eligibility lists. If someone on these lists is convicted of a serious crime, they must be removed from the list, and participating districts will be informed. Criminal history information is confidential and accessed only by authorized personnel. Such information must be stored securely and destroyed after hiring decisions. Agencies must ensure that this data is not disclosed to unauthorized parties and must follow specific regulations regarding the use and security of criminal records.
Section § 44830.3
This law allows school districts to hire district interns as classroom teachers for certain grade levels. These interns must be supported by experienced teachers or college staff and must follow a professional development plan. The plan should include annual evaluations, any necessary courses, and specific training before and during their teaching service. Training covers child development, teaching methods, and may also include bilingual and special education methods. Interns and their supervising teachers are compensated for this training period. Once interns meet program standards, they can be recommended for full teaching credentials.
Section § 44830.5
This law states that it's not beneficial for any school district's governing board to strictly follow ethnic ratios when assigning their certified staff.
Section § 44830.7
If you are hired for a teaching job in a California school district and you have a certificate from another state, your job contract must state that you will be fired if California's Commission on Teacher Credentialing tells the district and you that you don't meet the required qualifications for the job you're doing.
Section § 44831
This law states that school districts must employ people with the necessary certifications for public school roles. However, a district or county education office can hire someone with a specific license from the Speech-Language Pathology and Audiology Board and a master's degree in communication disorders to provide speech and language services, as long as they meet certain requirements before being hired or contracted.
Section § 44832
This law requires classroom teachers in small school districts (with fewer than 2,500 students attending daily) to notify their school district by May 15 each year if they plan to return to teach the following year. However, this does not apply to teachers who receive specific notifications under another section related to staffing changes.
Additionally, the details of this notification requirement can be included in a collective bargaining agreement if the school district and the teachers' union agree.
Section § 44833
This California law allows students from public or private colleges or universities, who do not have teaching credentials, to work as nonteaching aides in elementary schools or childcare centers. This is permitted despite other existing laws and is conditional upon the following:
(a) The student must be part of a work-study program supported by federal grants under the Economic Opportunity Act of 1964.
(b) Their compensation for the work must partially come from federal grants provided to their college or university.
(c) The Department of Education must determine that the student has no personal or character disabilities that would stop them from receiving teaching credentials if they were otherwise qualified.
Section § 44834
This California law allows a school district to employ someone in an administrative or supervisory role without a specific administrative credential if they have a valid teaching credential, 15 years of teaching experience, and have spent the last 10 years teaching subjects like science, humanities, or arts. However, this ability only applies to those who were already working in such roles by January 1, 1991, according to the rules in place on December 31, 1990.
Section § 44834.1
Before June 30, 1991, the Commission on Teacher Credentialing was required to create rules allowing certain school district employees to bypass the usual administrative services credential if they are involved in innovative school programs. These exemptions are only applicable in the specific school district that has been approved. Additionally, the law encourages universities to work with school districts and education professionals to develop these creative school programs.
Section § 44834.2
This law states that the requirements for obtaining an administrative services credential in education should not only cover theoretical knowledge but also practical skills. It emphasizes that the requirements should be well-balanced with coursework, supervised fieldwork, and experiences that help develop educational leadership skills needed for school administrators.
Section § 44835
This law states that a student working as a nonteaching aide in elementary schools or child development centers must not perform any teaching duties. Instead, they can assist with non-teaching tasks under the close supervision of a certified employee, supporting the teaching and administrative work done by certified staff.
Section § 44836
This law says public schools in California can't hire people who have been convicted of sex offenses or drug-related crimes, with some exceptions. If someone's conviction is overturned and they're found not guilty or their charges are dropped, they can work in schools. However, if a sex offense involving a minor is dismissed under Penal Code 1203.4, they still can't be employed. Public schools can hire someone with a drug conviction for certain jobs if they have the right teaching credentials.
Section § 44837
This law prohibits school districts from hiring or continuing to employ individuals who have been legally declared as sexual psychopaths. If that legal determination is overturned or dismissed, the individual can be eligible for employment again.
Section § 44838
If you're applying for a job at a school that needs certification, the school district's governing board will ask you to provide a statement about your military service. If you have served, you'll need to show a copy of your discharge or release papers. If those documents are unavailable, the board might accept other proof of the conditions of your military service ending.
Section § 44839
In California, when hiring someone for a teaching position that requires certification, the school district or county superintendent must ensure the person has a medical certificate proving they are free from diseases that would make it unsuitable for them to teach or be around children. This certificate must be from a licensed medical professional and completed within six months of submitting it. The potential hire pays for this examination. School boards can offer a job conditional upon receiving this certificate, which will then become part of the employee's record.
Current certified employees may also be required to have periodic medical exams at the school's expense to confirm they are free from communicable diseases. These records are also added to personnel files but are accessible by the employees themselves.
The state board is responsible for establishing rules to guide the execution of these laws.
Section § 44839.5
This law deals with the employment of retirees who are coming back to work in a school setting. Before hiring them, the school must get a medical certificate confirming they don't have any diseases that would stop them from working around kids. A doctor must issue this certificate, based on an exam done within six months before the retiree's first day at work, which the retiree pays for. This certificate becomes part of their employment record and is accessible to them. Schools can also require regular health exams while the retiree is employed to ensure they're still healthy, but these additional exams are paid for by the school. Finally, the state board will set rules for managing these procedures.
Section § 44840
In California, teachers and other school employees who need special certification can be hired for the next school year starting March 15. These employees are automatically renewed each year unless specific sections of the law apply, which are not included here. Additionally, schools can hire new certified employees anytime after December 31 for the upcoming school year.
Section § 44841
Starting July 1, 2025, schools in California, including school districts, county education offices, charter schools, and state special schools, cannot hire someone for short-term teaching roles unless the person is certified in CPR according to American Heart Association or American Red Cross standards.
Section § 44842
If a school district employee in California doesn't let the school board know whether they'll be returning to work by a specific deadline, their job may be terminated. For typical schools, the deadline is set by notifying the board before July 1, with requests issued by May 30. Year-round schools have an earlier request by April 30, needing a response by June 1. If notified, employees who don't respond can be considered as declining employment and may be terminated on June 30.
If an employee previously confirmed returning but doesn't show up for the new school year without good cause for 20 consecutive days, they could be terminated after proper advance notice from the district. This rule mostly applies to those who had a leave of absence for 20 or more days following April 30 of the previous school year.
Section § 44843
This law requires the local school district's governing board to immediately inform the county superintendent of schools in writing when they hire someone for a job that needs certification. The notice must have specific information, detailed in regulations set by the Superintendent.
Section § 44844
If you were hired as a probationary or permanent employee before July 1, 1947, your employment officially starts from the date you first began working in a probationary role, unless other sections change this rule.
Section § 44845
This law states that any school employee hired after June 30, 1947, is officially considered to have started their employment on the first day they performed paid work in a probationary role.
Section § 44846
This law mandates the process for determining reemployment priority for employees who were initially hired on the same day. If these employees are laid off and have a legal preference for rehire, their order of reappointment is decided based on what's best for the district and its students. Employees can request a written explanation of this decision, which must be provided within 15 days, but this doesn't create additional legal rights for them.
Employees or their representatives can access their employment date records upon request. If records are unavailable, the board will decide employment order based on evidence employees can present. Errors in employment order records must be corrected by the governing board as needed. Employment order should comply with relevant sections 44830 to 44855.
Section § 44847
This law section explains that when a school is moved from one district to another, the employment start date for employees who move with the school will be determined by when they first began working as probationary employees in the original district. This is based either on when they first accepted their job before July 1, 1947, or when they started getting paid after June 30, 1947.
Section § 44848
If a certificated employee quits or is fired for a reason and later rehired, the official start date is when they accepted the new job or began working, depending on whether it's before or after July 1, 1947. If an employee's job ends due to reasons like low enrollment or service stops that legally aren't considered breaks, their original hire date remains unchanged.
Section § 44849
This law makes it clear that none of the listed sections and articles from various chapters of the Education Code should be interpreted in a way that takes away a person's right to seek a legal judgment in court. Essentially, it emphasizes that any individual's legal rights and remedies remain protected and accessible through the courts.
Section § 44850
This section clarifies that certain California education laws will not override rules about school district employees that are part of a city or county charter, as long as the charter complies with Article XI of the California Constitution. Essentially, if city or county charters have their own rules about school district employees, those rules still stand.
Section § 44850.1
Starting July 1, 1978, any school district employees in California who are in leadership roles like department heads or administrative positions under a city or county charter don't automatically get permanent status in those roles. To gain permanent status, they must meet specific criteria laid out by this education code.
Section § 44851
This section states that employment agreements made under specific sections of California's Education Code can be changed by the Legislature at any time. This means that if the law changes, the contracts of employees under these sections aren't guaranteed to remain the same.
Section § 44852
This law states that it's okay to hire people for positions needing certification in temporary schools or classes, even if their employment is for less than a full school year.
Section § 44853
This law lets California school districts exchange their credentialed employees with those from other regions, such as foreign countries, other U.S. states or territories, or districts within California. These employees, known as 'exchange certificated employees,' need consent before being exchanged.
While matching the same subject or grade isn't necessary, the professional qualifications should be considered when choosing exchange employees. Each exchange employee must hold the proper teaching credentials valid in California, but they don't have to pay for these credentials.
The exchange agreements can last up to three years, and with everyone's consent, they could become permanent at the end of that period.
Section § 44854
If an employee of a California school district takes an exchange position, it won't affect their permanent job classification or any retirement benefits. Their time in the exchange position counts towards their employment status and benefits as if they were still working in their original district position.
Section § 44855
This section allows a school district in California to continue paying the regular salary of its teacher who is serving as an exchange teacher outside of the state, as long as there is an agreement with the teacher and the school's governing board. If the district does pay this salary, they will not be responsible for the salary of the exchange teacher from outside the state working in their place.
If the exchange teacher from California is unable to work due to injury, illness, or quarantine, the district is allowed to pay the substitute teacher's salary and deduct that amount from the original teacher's compensation.
Section § 44856
This law allows California school districts to hire bilingual teachers from other countries or U.S. regions to teach bilingual, world language, or cultural enrichment programs. These teachers are called 'sojourn certificated employees' and must speak English fluently. They also need specific credentials to be eligible for hire.
Such employment is initially limited to two years but can be extended annually to a maximum of five years if the school district can prove that ending the employment would harm the educational program and if they have unsuccessfully tried to hire a qualified California teacher. The state commission sets the credential requirements for these positions.
Section § 44857
Anyone employed by a school district in California for a job that requires a teaching or educational certification must register their valid certification with the district within 60 days of starting their job. They need to do this following the guidelines of a specific section, 44330. When they renew their certification, they must also register the renewed document within 60 days. If they hold a particular diploma from the California State University or state teachers college and have presented it and registered with the county superintendent, they are considered already registered under that same section.
Section § 44858
This law says that when a school district is hiring for jobs that need special certification, they can't refuse to interview or recommend someone for any reason that is considered discriminatory under certain sections of the California Government Code. Exceptions exist as outlined in the Government Code.
Section § 44859
This law says that school districts cannot require job candidates to live in the district for positions that need certification, like teaching roles. They also can't give preference to candidates or employees based on whether they live in the district. The point is to ensure that all qualified people can apply for these jobs based on their skills, not where they live, and that the school system is open to everyone equally.
Section § 44860
This law states that to be employed as a principal at a school with six or more certified staff members in California, a person must have a valid school administration credential. Additionally, they must hold either a teaching credential or a services credential specializing in areas like pupil personnel, health, clinical or rehabilitative, or librarian services.
Section § 44861
This law permits a substitute principal, who has a valid teaching credential for the same grade level as the school, to temporarily fill the principal's role during an emergency for up to five months in a school year. They do not need to meet the usual qualification requirements specified in another section (44860) for this specific situation.
Section § 44862
To be eligible to teach in any public school or to receive a teaching certificate in the state, a person must be at least 18 years old.
Section § 44863
A teacher with a special certificate can only teach the subjects that are specifically allowed by that certificate. They can't teach other subjects.
Section § 44864
Section § 44865
This law says that if you have a teaching credential from the California State Board or the Commission on Teacher Credentialing, and it’s based on a bachelor’s degree, student teaching, and special skills, you qualify to be assigned as a teacher in specific types of educational settings. However, you must agree to the assignment. These settings include being a home teacher, teaching adult classes, and working in places like hospitals, small high schools, continuation schools, alternative schools, and various community and juvenile schools, or through independent study.
Section § 44866
To teach students with physical disabilities at home, an instructor must have a valid teaching credential or a credential that allows them to teach exceptional children in a specialized area. This certification must be issued by the state board or the Commission on Teacher Credentialing.
Section § 44867
This law states that teachers working in opportunity schools, classes, or programs must meet the same qualifications and be hired in the same way as teachers in other elementary and secondary schools within the same school district, unless Section 44865 says otherwise.
Section § 44868
To work as a teacher librarian in an elementary or secondary school, a person must have the right credential. This can be either a teacher librarian credential or a teaching credential with a focus on librarianship, both of which need to be authorized by the Commission on Teacher Credentialing.
Section § 44869
In California, if a teacher is working full-time as a teacher librarian, or splitting their time between being a teacher librarian and a teacher, they are considered to have the same status as a regular teacher.
Section § 44870
An individual cannot supervise teachers for more than half of a school week unless they have both a valid teaching certificate for the specific schools or classes they will supervise and a valid supervision certificate.
Section § 44871
This law states that the qualifications needed to become a health supervisor are detailed in Sections 44873 to 44878.
Section § 44872
This section explains that for certain legal rules (Sections 44873 to 44878), a 'health services credential' or 'standard designated services credential in health' also refers to a community college health services credential when these services are offered to students in grades 13 and 14.
Section § 44873
This law specifies the qualifications needed for physicians and surgeons who are employed by a school district in California. If they work half-time or more, they must have a valid medical license from the state's medical boards, as well as a health-related services credential or an old credential issued before November 23, 1970. Those working less than half-time just need a valid medical license. School districts can hire these professionals for medical services and must provide them with liability insurance. Medical services include tasks performed during high school sports events.
Section § 44874
This law explains that to work as a psychologist or social worker in a California school district, a person must have a valid certificate from the appropriate state agency and a services credential specializing in health. School districts are allowed to hire and pay those who meet these qualifications.
Section § 44875
This law states that to work as a dentist in a school district, you need a valid certificate from the Board of Dental Examiners and a specialized health services credential. Alternatively, having a valid credential issued before November 23, 1970, is also acceptable. School districts can employ and pay dentists who meet these criteria.
Section § 44876
To be a dental hygienist in California, including those in alternative practice or with extended functions, you need a current license from the Dental Hygiene Board of California or the Dental Board of California. Additionally, you must have one of the following: a health and development credential, a standard designated services credential specializing in health, or a services credential specializing in health.
Section § 44877
To be a nurse in the California school system, you need a valid registration certificate from the California nursing boards and specific credentials related to health services. These credentials allow you to serve as a school nurse, but don't let you teach unless you complete additional health teaching requirements.
Since January 1, 1981, nurses also need to show they've been trained in recognizing and addressing child abuse and neglect. This training can be through ongoing education programs.
Section § 44878
To work as an optometrist in a school district, you must have a valid certificate from the State Board of Optometry and a health specialization services credential, or an equivalent credential issued before November 23, 1970. School districts can hire and pay optometrists who meet these qualifications.
Section § 44879
To work as an audiometrist under school health services, you need a valid certificate, license, or registration from the California state agency that oversees these credentials. This ensures you're legally qualified to perform audiometric services.
Section § 44885.5
This section explains how district interns become probationary and then potentially permanent employees in a school district. Initially, those hired as district interns are categorized as probationary employees. These individuals can be dismissed or suspended following certain procedures. After completing their internship and being rehired for another year in a certified position, they are classified as permanent employees if reelected for a subsequent year. The school district's governing board must notify these employees by March 15 if they will be rehired. If no notice is provided by that date, the employee is considered rehired automatically for the next school year.
Section § 44893
If a permanent teacher moves into an administrative or supervisory role, or takes on any special assignments or titles that need certification, they still keep their status as a permanent classroom teacher.
Section § 44894
This law explains what happens to permanent school employees in California when they take on different roles requiring certifications. If an employee qualified for a non-teaching position gets promoted to an administrative or supervisory role, they keep their permanent status in their original job type.
For employees who hold certification to work in multiple positions, here's what happens: If they're qualified to teach, they'll achieve permanent status as teachers. If not, they become permanent staff below the administrative level, with the school board deciding their specific assignments.
Section § 44895
If you are a permanent employee and you are moved to a job that requires certain certifications, you keep your permanent job status. This includes roles like administrative or supervisory positions that need those certifications.
But, if you are moved to a position that does not need those certifications, whether it's a special job or a new classification, different rules apply about whether you keep your permanent job status. You'll need to refer to another part of the law, starting at Section 44060, for those details.
Section § 44896
If someone working in a certified administrative or supervisory role in a school is moved to a teaching job, the school district's governing board must provide a written explanation for the transfer if the person requests it. If the reason for the transfer includes incompetence, there must be an evaluation completed within 60 days prior to the notice of transfer.
Section § 44897
If someone works in a school as an administrator or supervisor and their job requires certain qualifications, they can become a permanent classroom teacher after passing a probation period. This is automatic in larger districts with 250 or more students attending every day. In smaller districts, with fewer than 250 students, the district can choose to do this. Additionally, these employees have specific rules to follow, which are detailed in another section, Section 44956.5.
Section § 44898
This law states that if a school district hires someone in an administrative or supervisory role requiring specific certification, and they have a four-year employment contract, the district must decide by May 15 of their third year whether to give them a permanent position as a classroom teacher. This decision applies to those new to the district or those without a previous four-year contract. If approved, they become a permanent classroom teacher.
Section § 44899
If someone works in an administrative or supervisory role for multiple school districts, they can choose one district to get permanent status. If the employee works in a district within a city that has its own charter, different permanent status rules might apply based on that charter.
Section § 44900
This law means that if a teacher with a permanent job status in one school district transfers to another district under the same superintendent while on leave, they can obtain permanent job status in the new district. This happens if they work in the new district for a second year, and then their permanent status in the original district will end.
Section § 44901
Section § 44902.1
This law states that teachers who were working in a high school district that got reorganized into a new, unified school district in 1980 can have their pay and experience from the old district recognized by the new district. Essentially, they can continue on the unified district’s salary scale and keep their credited years of service and seniority. Their start date as probationary employees might align with when they started in the old district.
Section § 44902.2
This law explains what happens to teachers when a union high school district becomes part of a new unified school district. If they worked in the schools being taken over, they have the right to be hired for the next school year (1980-81). The new unified district can also choose to hire more teachers from the old district, but it's not required to do so.
Section § 44903
This law explains how permanent status is determined for teachers when small school districts with fewer than 250 students merge with larger districts. If a teacher has worked for three consecutive years in a small district before the merge, they immediately become a permanent employee when they start working in the new, larger district. The rule applies to mergers effective from January 1, 1979, onwards. The probationary period for permanent status starts from the teacher's first full year in the small district.
Section § 44903.7
This law deals with the rights of certificated employees (like teachers) when local plans for educating students with exceptional needs are changed. If a teacher is affected by special education program restructuring (like getting reassigned, transferred, or finding new employment with another employer), they maintain their seniority and classification. Their years of service and status are carried over to the new district or county, impacting their salary placement. Teachers who are moved maintain a priority to be rehired in special education positions within the same district or county for 24 months. If they are terminated because of a reorganization, they have first rights to new job openings in similar positions for a certain period—39 months if they are permanent employees and 24 months for probational ones—as long as they are under 65 years old.
Section § 44907
When a school district employee retires under a retirement law, they are automatically dismissed from their job at the end of the school year. This does not apply if they are retiring due to disability under the Teachers' Retirement Law.
Section § 44908
This law states that a probationary school employee is considered to have completed a full school year if they have worked at least 75% of the days that schools in their district operate. For those in adult education programs, completing 75% of a full-time position's hours similarly counts as a complete year of work.
However, if there is a conflict between this rule and an existing collective bargaining agreement (a contract between the school district and a teachers' union) that was made before July 1, 2024, the agreement takes precedence until it expires or is renewed.
This law will take effect on July 1, 2024.
Section § 44909
This law allows school districts in California to hire credentialed teachers specifically for special programs or projects that are funded by outside sources and not required by federal or state law. The employment terms must be written down, including job duration and funding source.
Time spent working under these projects doesn't count toward permanent teacher status unless specified conditions are met. Teachers can be hired for shorter durations and let go when the project's funding ends, without the usual processes that protect permanent or probationary employees.
If a teacher from a regular program is temporarily moved to such a special project and another teacher is hired to cover them, this replacement teacher must follow certain employment rules. The rule doesn't apply to teachers already working as probationary employees or those teaching adult classes. It's set to take effect on July 1, 2024.
Section § 44910
This law states that being an instructor at regional occupational centers or programs doesn't count towards becoming a permanent employee of a school district. However, if you're a regularly credentialed teacher already employed in a regular role and then assigned to teach in such programs, this rule doesn't apply to you. Also, if you were a permanent or probationary teacher at the time this law took effect, your status won't be affected. From July 1, 2025, though, teaching in regional occupational centers within a single district will count towards becoming a permanent employee in that district.
Section § 44911
If you're teaching with a provisional credential, that experience doesn't count toward becoming a permanent employee at a school district. However, if you have a one-year emergency credential under specific conditions, this rule doesn't apply to you.
Section § 44912
If you're teaching basic military drill in a high school cadet program, that work doesn't count towards becoming a permanent employee in a school district.
Section § 44913
This section clarifies that working as a teacher in a summer school program does not help you become a permanent employee in a school district. Summer school work doesn't count toward the time you need to earn permanent employment status. This rule simply states what the law already was, with no changes.
Section § 44914
This law allows a school district's governing board to count a year worked as a substitute, or a combination of substitute and probationary employee, as part of the probationary period needed to become a permanent employee. This applies if the employee has worked as a substitute for at least 75% of the school days in that year and has already completed one full year as a probationary employee in a certified position.
Section § 44915
This law requires school districts to classify employees who need certification for their jobs as 'probationary' if they're not already considered permanent or substitute employees. It's essentially about how to label newer employees or those not fully permanent in their teaching roles.
Section § 44916
When a school district in California hires a new teacher or certificated staff member, they must give them a written statement at the start of their employment. This statement should outline the employee's status and salary. If the teacher is hired as a temporary worker, the statement must clearly say this and include the duration of the temporary job. If it doesn't specify that the job is temporary, the employee is considered a probationary worker, unless they were hired with permanent status.
Section § 44917
This law says that school districts must label people who fill in for absent teachers as substitute employees, except in certain cases. After September 1, schools can hire anyone qualified as a substitute if no regular teacher is available, but they must show they've tried to find a permanent teacher to get approval. If someone works one full year as a temporary teacher and gets hired again the next year, they're considered a probationary employee, which counts as a first step toward becoming a permanent teacher.
Section § 44918
This law explains that if a substitute or temporary school employee works for at least 75% of the school year doing primary teaching duties, they are considered to have completed a full year as a probationary employee if they are hired in that role the following year. Such employees should be rehired to fill any vacancies unless specifically released under certain conditions.
If a temporary or substitute employee is released under specific conditions but continues to work for two years, meeting the 75% threshold each year, they should get priority for any vacancies at their previous grade level or subject taught, assuming the district decides to fill that position.
Substitute employees filling an on-call, daily replacement role do not receive these benefits. Regular and probationary employees who have been laid off have an superior claim to vacancies over temporary and substitute workers, even those becoming probationary workers under this rule. This rule does not apply to school districts with more than 250,000 average daily attendance.
Section § 44919
This law explains how school districts in California should classify certain employees as temporary. If a teacher or certified person is hired for tasks lasting up to three months, like teaching temporary classes or working with migratory populations, they are considered temporary employees. If they work longer than this period, and they are not permanent yet, they become probationary employees. Special rules apply for those supervising school athletics, giving priority to current teachers, but this role does not count toward gaining permanent status. In emergencies, districts can appoint someone temporarily for up to 20 days, which also doesn't contribute to achieving permanent employment status.
Section § 44920
This section allows a school district's governing board to hire a person as a temporary teacher for an entire school year or at least a semester, if they need more teachers because a regular teacher is on leave or sick long-term. The temporary teacher must have the right certification.
If a temporary teacher works for a whole school year and is rehired the next year for an empty position needing a certified teacher, they will be classified as a probationary employee, and their previous temporary year counts towards gaining permanent status.
An empty position is one that isn't already filled by a permanent or probationary employee, unless that employee is on leave.
Section § 44921
Unified or high school districts in California can hire teachers as temporary employees for the first semester if they expect fewer students in the second semester due to midyear graduations. These temporary positions are based on anticipated enrollment drops decided by the school board. If these employees continue working beyond the first semester, they become probationary employees for the whole school year.
Temporary employees should be rehired for the next semester or year if there are vacant positions that they're qualified to fill, as determined by school board guidelines. A 'vacant position' is one that isn't filled by a permanent or probationary employee, and doesn't include spots temporarily vacant due to employee leave.
Section § 44922
This law allows school districts in California to let their certified employees switch from full-time to part-time work while keeping their retirement benefits. There are specific rules to be eligible for this, mainly depending on the employee's retirement program.
If you're under the State Teachers’ Retirement Plan, you must follow Section 22713. If you're covered by the Public Employees’ Retirement System, you need to be at least 55, have worked full-time for at least 10 years (with the last 5 years consistently full-time), and request part-time work. Your option to work part-time generally lasts up to 5 years or until you turn 70. Part-time employees retain their benefits just like full-time workers, including health benefits.
Section § 44923
If a school district employee in California has a full-time, permanent position, the district's governing board can end any extra assignments or jobs that the employee takes on in addition to their main role at any time.
Section § 44924
This law states that school employees cannot make contracts that waive their rights provided in this chapter, unless specified otherwise in certain sections. It also allows school districts to hire certified personnel on a part-time basis, regardless of other code sections.
Section § 44925
This law allows school district boards to hire or contract part-time or limited-term reader assistants to help teachers with grading and analyzing students' writing and math assignments. These reader assistants do not need certification, and the board can decide their pay rates. The goal is to improve student writing and math without increasing class sizes. The hiring of these assistants is not meant to interfere with public employment standards but is seen as a practical method since the work is mainly done part-time and at home.
Section § 44926
This law allows school districts to hire qualified individuals with a temporary certificate as teacher-assistants, provided they are currently students at a California teacher training institution. Their work won't count toward becoming a permanent school district employee.
The district can decide how much to pay these teacher-assistants for their work, and their employment is exempt from certain state employment laws.
Section § 44927
This law allows school districts, county education boards, or the Department of Education in California to make agreements with teacher-training institutions for swapping teaching personnel. Teachers can be temporarily reassigned to these institutions or vice versa for up to a year.
The contract must ensure that either the assigned teachers are paid by their new employers or that there's a personnel exchange between institutions. While on assignment, teachers retain their employment status with their original employers.
Section § 44928
This law mandates that no school district with over 250,000 students can have more than 5% of its teaching staff holding only an emergency credential. Substitutes are not counted in this percentage. However, there are exceptions for emergency credentials in specialized areas like bilingual education, or for special education covering learning, severe, or physical handicaps.
Section § 44929
This law allows school districts or county education offices to offer an incentive for early retirement to their teachers if it benefits the district or office financially. If they decide it's worthwhile to do so, they can give retiring teachers two extra years of service credit toward their retirement plan. This applies only if certain conditions are met, as outlined in another section of the law.