Education Code — Part 27 | EDC — United States — California law | Esheria

Education Code

Part 27 of 57 · provisions 5,201–5,400

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 44856.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School districts may arrange to hire bilingual teachers for certain language or cultural programs, but the teacher must speak fluent English and have the required credential; hiring is limited to a two-year period, with possible extensions up to five years if specific verification is made.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44856. (a) The governing board of a school district, for the purposes of providing bilingual instruction, world language instruction, or cultural enrichment, in the schools of the school district, subject to the rules and regulations of the state board, may conclude arrangements with the proper authorities of a foreign country, or of a state, territory, or possession of the United States, for the hiring of bilingual teachers employed in public or private schools of a foreign country, state, territory, or possession. To be eligible for employment, the teacher must speak English fluently. Any persons employed pursuant to this section shall be known as a “sojourn certificated employee.” (b) A person shall not be hired as a sojourn certificated employee by a school district unless he or she holds the necessary valid credential or credentials issued by the commission authorizing the person to serve in a position requiring certification qualifications in the school district proposing to employ him or her. The person may be employed for a period not to exceed two years, except that thereafter the period of employment may be extended from year to year for a total period of not more than five years upon verification by the employing school district that termination of the employment would adversely affect an existing bilingual or world language program or program of cultural enrichment, and that attempts to secure the employment of a certificated California teacher qualified to fill the position have been unsuccessful. The commission shall establish minimum standards for the credentials for sojourn certificated employees. (Amended by Stats. 2018, Ch. 865, Sec. 13. (AB 2319) Effective January 1, 2019.)
  2. 44857.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School-district employees in certificated positions must register their certification documents within 60 days, and must register renewals within 60 days after renewal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44857. Each person employed by the governing board of a school district for a position requiring certification qualifications shall, not later than 60 days after the date fixed by the governing board of the district for the commencement of the person’s service, register, in the manner prescribed by Section 44330, a valid certification document issued on or before that date, authorizing the person to serve in the position for which he or she was employed, and shall, not later than 60 days after the renewal thereof, register the renewed certification document in the manner prescribed by Section 44330. If any person so employed is the holder of a California State University, or state teachers college, diploma accompanied by the certificate of the State Board of Education, or of an educational or life diploma of this state, and has presented the diploma to, and has had his or her name recorded by, the county superintendent of schools of the county, the person shall be deemed to have registered the diploma under Section 44330. (Amended by Stats. 1986, Ch. 248, Sec. 28.)
  3. 44858.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School district boards and their designated interviewers must not refuse to interview or recommend certification-eligible applicants on the listed Government Code discrimination bases, except as otherwise provided.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44858. The Legislature hereby declares that it is contrary to the interest of this state and of the people of the state for any governing board or any person charged by the governing board of any school district with the responsibility of interviewing and recommending persons for employment in positions requiring certification, to fail or refuse to interview or recommend a person applying for employment in a position requiring certification on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in this code and in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 3. Effective January 1, 2005.)
  4. 44859.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not require residency for certificated job candidates or employees, and may not give residents preferential treatment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44859. No school district may adopt or maintain any rule or regulation which requires a candidate for a position requiring certification qualifications to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant any preferential treatment to candidates or employees because they are residents of the district. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions of employment with school districts, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. (Enacted by Stats. 1976, Ch. 1010.)
  5. 44860.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A person may not be employed as principal of a school with six or more certificated employees unless they have a valid school administration credential and one of the listed additional credentials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44860. No person shall be employed as principal of a school of six or more certificated employees unless he or she holds a valid school administration credential and at least one of the following: a teaching credential, or a services credential with a specialization in pupil personnel, health, clinical or rehabilitative, or librarian services. (Amended by Stats. 1990, Ch. 341, Sec. 4.)
  6. 44861.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A substitute principal with a valid teacher’s credential for the same grade may be employed without meeting Section 44860 in an emergency, but only for up to five months of a school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44861. A substitute principal holding a valid teacher’s credential of the same grade as the school to be administered may be employed without meeting the requirements of Section 44860 to meet an emergency for not more than five months of any school year. (Enacted by Stats. 1976, Ch. 1010.)
  7. 44862.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A person must be at least 18 years old to teach in a public school in the state or receive a teaching certificate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44862. No person is eligible to teach in any public school in the state, or to receive a certificate to teach who has not attained the age of 18 years. (Enacted by Stats. 1976, Ch. 1010.)
  8. 44863.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A teacher with a special certificate must not be employed to teach subjects not covered by that certificate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44863. No teacher holding a special certificate shall be employed to teach any subject not authorized in the certificate. (Enacted by Stats. 1976, Ch. 1010.)
  9. 44864.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A teacher in a joint elementary district must hold a valid certificate in the county where the schoolhouse is located.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44864. Each teacher in a joint elementary district shall hold a valid certificate in the county in which the schoolhouse is located. (Enacted by Stats. 1976, Ch. 1010.)
  10. 44865.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A valid teaching credential qualifies a person for certain teacher assignments, but assigning a teacher to one of those positions requires the teacher’s consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44865. A valid teaching credential issued by the State Board or the Commission on Teacher Credentialing, based on a bachelor’s degree, student teaching, and special fitness to perform, shall be deemed qualifying for assignment as a teacher in the following assignments, provided that the assignment of a teacher to a position for which qualifications are prescribed by this section shall be made only with the consent of the teacher: (a) Home teacher. (b) Classes organized primarily for adults. (c) Hospital classes. (d) Necessary small high schools. (e) Continuation schools. (f) Alternative schools. (g) Opportunity schools. (h) Juvenile court schools. (i) County community schools. (j) District community day schools. (k) Independent study. (Amended by Stats. 2008, Ch. 223, Sec. 8. Effective January 1, 2009.)
  11. 44866.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A home instructor of pupils with physical disabilities must hold a valid teaching credential or an approved special-education credential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44866. The qualifications of a home instructor of pupils with physical disabilities shall be a valid teaching credential or a credential authorizing the teaching of exceptional children in an area of specialized preparation issued by the state board, or the Commission on Teacher Credentialing. (Amended by Stats. 2007, Ch. 569, Sec. 25. Effective January 1, 2008.)
  12. 44867.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Teachers in opportunity schools, classes, or programs must have the same qualifications and be employed the same way as teachers in other elementary and secondary schools of the district, except as provided in Section 44865.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44867. Except as provided in Section 44865, teachers in opportunity schools, classes, or programs shall have the same qualifications and shall be employed in the same manner as in other elementary and secondary schools of the school district in which the opportunity schools, classes, or programs are situated. (Amended by Stats. 1980, Ch. 260, Sec. 2.)
  13. 44868.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A person may be employed as a teacher librarian in an elementary or secondary school only if they hold the required credential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44868. No person shall be employed as a teacher librarian in an elementary or secondary school, unless he or she holds a valid credential of proper grade authorizing service as a teacher librarian or a valid teaching credential issued by the Commission on Teacher Credentialing if he or she has completed the specialized area of librarianship. (Amended by Stats. 2007, Ch. 730, Sec. 23. Effective January 1, 2008.)
  14. 44869.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A teacher librarian must be ranked as a teacher when employed full time as a teacher librarian, or when serving full time partly as a teacher librarian and partly as a teacher.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Amended by Stats. 2007, Ch. 730, Sec. 24. Effective January 1, 2008.)
  15. 44870.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A person cannot be employed to supervise teachers for more than half of any school week unless the person has both a valid teacher’s certificate and a valid supervision certificate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44870. No one shall be employed to supervise the work of teachers for more than half time during any school week unless he is the holder of a valid teacher’s certificate authorizing him to teach in the schools and classes in which he is to supervise instruction and a valid supervision certificate. (Enacted by Stats. 1976, Ch. 1010.)
  16. 44871.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Supervisors of health must meet the qualifications set out in Sections 44873 to 44878, inclusive.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44871. The qualifications of supervisors of health shall be as provided in Sections 44873 to 44878, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  17. 44872.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For Sections 44873 to 44878, two health-related credential terms include a community college health services credential when the service is provided in grades 13 and 14.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44872. For the purposes of Sections 44873 to 44878, inclusive, “standard designated services credential with a specialization in health” and “services credential with a specialization in health” includes a community college health services credential when the service is provided in grades 13 and 14. (Enacted by Stats. 1976, Ch. 1010.)
  18. 44873.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets qualification rules for physicians and surgeons employed by a school district and requires liability insurance coverage when they are employed under the section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44873. The qualifications for a physician and surgeon employed to serve on a half-time or greater than half-time basis shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California or Osteopathic Medical Board of California and either a services credential with a specialization in health or a valid credential issued prior to November 23, 1970. The qualifications for a physician and surgeon employed for less than half time shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California. Any school district may employ and compensate physicians and surgeons meeting the foregoing qualifications for the performance of medical services for that district and shall provide liability insurance coverage for the period of his or her employment. As used in this section “medical services” includes, but is not limited to, any medical services required to be performed while required to be in attendance at high school athletic contests or meets. (Amended by Stats. 1991, Ch. 359, Sec. 32.)
  19. 44874.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Psychologists and social workers must have the stated California certificate and a health-specialized services credential. School districts may employ and pay them if they meet those qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44874. The qualifications for a psychologist or social worker are a valid certificate issued by the appropriate California agency authorized by law to certify such persons and a services credential with a specialization in health. Any school district may employ and compensate psychologists and social workers meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.)
  20. 44875.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may employ and pay dentists only if they meet the stated qualification requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44875. The qualifications for a dentist are a valid certificate issued by the Board of Dental Examiners and a services credential with a specialization in health or a valid credential issued prior to November 23, 1970. Any school district may employ and compensate dentists meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.)
  21. 44876.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    To qualify as a dental hygienist in these categories, a person needs a valid California license and one of the listed health-related credentials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44876. The qualifications for a dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions shall be a valid license issued by the Dental Hygiene Board of California or by the Dental Board of California and either a health and development credential, a standard designated services credential with a specialization in health, or a services credential with a specialization in health. (Amended by Stats. 2018, Ch. 858, Sec. 62. (SB 1482) Effective January 1, 2019.)
  22. 44877.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A nurse must hold the listed nursing credentials, and after January 1, 1981 must also provide proof of child abuse and neglect detection training to the school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44877. The qualifications for a nurse shall be a valid certificate of registration issued by the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration and a health and development credential, a standard designated services credential with a specialization in health, or a services credential with a specialization in health. The services credential with a specialization in health authorizing service as a school nurse shall not authorize teaching services unless the holder also completes the requirements for a special class authorization in health in a program that is approved by the commission. On and after January 1, 1981, the qualifications for a nurse shall also include proof satisfactory to the school district that the nurse has acquired training in child abuse and neglect detection. This requirement may be satisfied through participation by the nurse in continuing education activities relating to child abuse and neglect detection and treatment. (Amended by Stats. 1994, Ch. 172, Sec. 2. Effective January 1, 1995.)
  23. 44878.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may employ and pay optometrists only if they meet the listed qualification requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44878. The qualifications for an optometrist are a valid certificate issued by the State Board of Optometry and a services credential with a specialization in health or a credential issued prior to November 23, 1970. Any school district may employ and compensate optometrists meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.)
  24. 44879.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An audiometrist working under health services personnel direction must have the required California certificate, license, or registration.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44879. The qualifications for an audiometrist working under the direction of health services personnel pursuant to Section 49420 shall be a valid certificate or license issued by, or valid registration with, the California state agency authorized by law to issue the certificate or license, or to effect the registration, required for performance of the service. (Enacted by Stats. 1976, Ch. 1010.)
  25. 44885.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must classify certain district interns as probationary employees, and eligible certificated employees become permanent employees upon reelection.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44885.5. (a) Any school district shall classify as a probationary employee of the district any person who is employed as a district intern pursuant to Section 44830.3 and any person who has completed service in the district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next succeeding school year to a position requiring certification qualifications. The governing board may dismiss or suspend employees classified as probationary employees pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3 as applicable. (b) Every certificated employee, who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) shall, upon reelection for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the district. The governing board shall notify the employee, on or before March 15 of the employee’s last complete consecutive school year of probationary employment in a position requiring certification qualification as described in this subdivision, of the decision to reelect or not reelect the employee for the next succeeding school year to this type of a position. In the event the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. (Amended by Stats. 1987, Ch. 1468, Sec. 9.)
  26. 44893.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent employee who is moved into an administrative or supervisory role, or given special work or a special classification requiring certification, keeps permanent classroom-teacher status.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44893. A permanent employee when advanced from a teaching position to an administrative or supervisory position, or assigned any special or other type of work, or given special classification or designation requiring certification qualifications, shall retain his permanent classification as a classroom teacher. (Enacted by Stats. 1976, Ch. 1010.)
  27. 44894.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain permanent employees keep their permanent classification when moved into administrative, supervisory, or other certified roles, and some multi-qualified employees can gain permanent status as specified here.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44894. (a) A permanent employee not qualified to render service as a classroom teacher, when advanced to an administrative or supervisory position, or assigned any special or other type of work, or given special classification or designation requiring certification qualifications, shall retain his permanent classification for the performance of the type of service for which he was qualified prior to such advancement, assignment, or special classification or designation. (b) If an employee is authorized to render service in more than one type of position for which certification qualifications are required, either by virtue of his possession of one certification document authorizing service in two or more of such positions, or by virtue of his possession of separate certification documents authorizing service in two or more such positions, or any combination thereof, he shall, upon satisfying all other requirements prescribed by law, acquire permanent status as follows: (1) If he is authorized to render service as a classroom teacher, he shall acquire permanent status as a classroom teacher. (2) If he is not authorized to render service as a classroom teacher, he shall acquire permanent status below the administrative or supervisory level as a staff employee with multiple qualifications. His right to serve in one or more of the positions for which he is qualified to serve shall be subject to the power of assignment of the school district governing board. (Enacted by Stats. 1976, Ch. 1010.)
  28. 44895.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent employee specified in Section 44894 keeps permanent classification when moved to certain administrative, supervisory, special, or designated positions that require certification qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44895. A permanent employee, as specified in Section 44894, when advanced to an administrative or supervisory position requiring certification qualifications, or assigned any special or other type of work requiring certification qualifications, or given special classification or designation requiring certification qualifications, shall retain his permanent classification as specified in Section 44894. If such a person is advanced to an administrative or supervisory position not requiring certification qualifications, is assigned any special or other type of work not requiring certification qualifications, or is given special classification or designation not requiring certification qualifications, his right to retain permanent classification shall be governed by the provisions of Article 3 (commencing with Section 44060) of Chapter 1 of this part. (Amended by Stats. 1978, Ch. 909.)
  29. 44896.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a certificated employee is transferred from an administrative or supervisory job to a teaching position, the school district board must give a written statement of reasons if the employee asks for it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44896. Whenever a person employed in an administrative or supervisory position requiring certification qualifications is transferred to a teaching position, the governing board of the school district shall give such employee, when requested by him, a written statement of the reasons for such transfer. If the reasons include incompetency, an evaluation of the person pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of this part shall have been completed not more than 60 days prior to the giving of the notice of the transfer. (Amended by Stats. 1977, Ch. 973.)
  30. 44897.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualified employee in an administrative or supervisory role becomes a permanent classroom teacher after the probationary period in districts with 250 or more average daily attendance; in smaller districts, the person may be classified that way.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44897. (a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any time served as a classroom teacher, in the same district, shall, in a district having an average daily attendance of 250 or more pupils, be classified as and become a permanent employee as a classroom teacher. In a district having an average daily attendance of less than 250 pupils, he or she may be so classified. (b) Persons classified pursuant to this section are subject to the limitations contained in Section 44956.5. (Amended by Stats. 1987, Ch. 1452, Sec. 377.)
  31. 44898.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board must decide by May 15 of the third year of a four-year contract whether to grant or deny permanent classroom-teacher classification to certain administrative or supervisory certificated employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44898. Notwithstanding the provisions of Section 44897 to the contrary, the governing board of any school district shall, with respect to each person who is employed in an administrative or supervisory position requiring certification qualifications under a contract of employment providing a four-year term of employment and who either has not been previously employed by the district in such position or has been employed in such position but not under such a four-year contract, determine prior to May 15 of the third year under such four-year contract of employment whether to grant or deny the person permanent classification as a classroom teacher. If it grants such classification, the person shall be classified as and become a permanent employee as a classroom teacher. (Enacted by Stats. 1976, Ch. 1010.)
  32. 44899.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee who works in an administrative or supervisory position for more than one district is entitled to permanent classification in the district the employee chooses, with a special alternative rule for certain city or city-and-county districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44899. A person employed in an administrative or supervisory position by more than one district shall be given permanent classification in whichever district he may select for the permanent classification. Other permanent classification shall be given to such an employee in a district situated wholly or partly within a city or city and county where the charter of the city or city and county provides for other classification. (Enacted by Stats. 1976, Ch. 1010.)
  33. 44900.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A certificated employee with permanent classification may gain permanent classification in a new district after a qualifying transfer and a second year of employment there.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44900. Any certificated employee having permanent classification in a district, who is granted a leave of absence and transfers to another district which is under the supervision of the same chief administrative officer or district superintendent as the district from which the employee is on leave, may acquire permanent classification in the district to which he transferred if he is employed for a second year in that district, at which time his permanent classification in the district from which he transferred shall expire. (Enacted by Stats. 1976, Ch. 1010.)
  34. 44901.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain certificated employees become permanent employees after meeting consecutive-service rules, and the governing board must give a reelection notice by March 15 in one situation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44901. (a) A certificated employee who has served in a position or positions requiring certification qualifications in two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last district in which he or she was employed prior to his or her election for the fourth consecutive school year. Where there are two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last district in which he or she was employed prior to his or her election for the fourth consecutive school year. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) A certificated employee who has served in a position or positions requiring certification qualifications in two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, for a total of two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the third consecutive school year be classified as a permanent employee of the last district in which he or she was employed prior to his or her election for the third consecutive school year. Where there are two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the districts for two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the third consecutive school year be classified as and become a permanent employee of the last district in which he or she was employed prior to his or her election for the third consecutive school year. The governing board shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. In the event that the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (Amended by Stats. 1983, Ch. 498, Sec. 49. Effective July 28, 1983.)
  35. 44902.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some certificated employees in a newly unified district may be placed on the unified district salary schedule and receive credit for prior service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44902.1. In a district which becomes unified, effective for all purposes on July 1, 1980, certificated employees employed for the school year 1980–81, who were employed for the school year 1979–80 by a union high school district included in the territory within the newly organized unified school district, may be placed on the salary schedule of the unified school district and be given credit for all service as an employee of the union high school district for years of experience as an employee of the union high school district. Their date of first paid service as a probationary employee may be the date established by the union high school district. (Added by Stats. 1980, Ch. 326, Sec. 1. Effective July 5, 1980.)
  36. 44902.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some certificated employees of a union high school district are entitled to be employed by a newly unified school district for 1980–81 if they were already working in the schools being acquired. The unified district may also choose to hire additional employees from the union high school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44902.2. In a school district which becomes unified, effective for all purposes, on July 1, 1980, certificated employees who are employed for the school year 1979–80 by a union high school district included in part in the territory within the newly organized unified school district shall be entitled to be employed by the unified district for the school year 1980–81 only if such employees were employed within the schools being acquired by the unified district. However, the unified school district may, but is not required to, employ additional employees of the union high school district to the extent the unified school district agrees to employ such employees. (Added by Stats. 1980, Ch. 326, Sec. 2. Effective July 5, 1980.)
  37. 44903.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    After certain school district mergers, eligible certificated employees are treated as if their probationary period started earlier, and some become permanent employees immediately.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44903. On the unionization, unification, uniting, or consolidation of one or more school districts in which the average daily attendance for the preceding school year was less than 250 pupils, with a district or districts in which the average daily attendance was or, as a result of the unionization, uniting, consolidation, or unification, becomes 250 or more pupils, the regular three-year probationary period required of certificated employees for permanent status by Section 44882 shall be deemed to have commenced at the beginning of the employee’s first complete year of consecutive employment by the school district having an average daily attendance of less than 250 pupils. Every certificated employee who has been employed for three or more complete consecutive school years by a district having an average daily attendance of less than 250 pupils shall, immediately upon his employment in a certificated position following such unionization, unification, uniting, or consolidation, be a permanent employee. The amendments to this section enacted by the Legislature at the 1977–78 Regular Session shall apply only to the unionization, unification, uniting, or consolidation of school districts which becomes effective for all purposes on or after January 1, 1979. (Amended by Stats. 1978, Ch. 1171.)
  38. 44903.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section protects certificated employees affected by special education reorganization, including seniority, status, priority, and reappointment rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44903.7. When a local plan for the education of individuals with exceptional needs is developed or revised pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, the following provisions shall apply: (a) Whenever any certificated employee, who is performing service for one employer, is terminated, reassigned, or transferred, or becomes an employee of another employer because of the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, the employee shall be entitled to the following: (1) The employee shall retain the seniority date of his or her employment with the district or county office from which he or she was terminated, reassigned, or transferred, in accordance with Section 44847. In the case of termination, permanent employees shall retain the rights specified in Section 44956 or, in the case of probationary employees, Sections 44957 and 44958, with the district or county office initiating the termination pursuant to Section 44955. (2) The reassignment, transfer, or new employment caused by the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, shall not affect the seniority or classification of certificated employees already attained in any school district that undergoes the reorganization. These employees shall have the same status with respect to their seniority or classification, with the new employer, including time served as probationary employees. The total number of years served as a certificated employee with the former district or county office shall be credited, year for year, for placement on the salary schedule of the new district or county office. (b) All certificated employees providing service to individuals with exceptional needs shall be employed by a county office of education or an individual school district. Special education local plan areas or responsible local agencies resulting from local plans for the education of individuals with exceptional needs formulated in accordance with Part 30 (commencing with Section 56000) shall not be considered employers of certificated personnel for purposes of this section. (c) Subsequent to the reassignment or transfer of any certificated employee as a result of the reorganization of special education programs, pursuant to Chapter 797 of the Statutes of 1980, that employee shall have priority, except as provided in subdivision (d), in being informed of and in filling certificated positions in special education in the areas in which the employee is certificated within the district or county office by which the certificated employee is then currently employed. This priority shall expire 24 months after the date of reassignment or transfer, and may be waived by the employee during that time period. (d) A certificated employee who has served as a special education teacher in a district or county office and has been terminated from his or her employment by that district or county office pursuant to Section 44955, shall have first priority in being informed of and in filling vacant certificated positions in special education, for which the employee is certificated and was employed, in any other county office or school district that provides the same type of special education programs and services for the pupils previously served by the terminated employee. For a period of 39 months for permanent employees and 24 months for probationary employees from the date of termination, the employee shall have the first priority right to reappointment as provided in this section, if the employee has not attained the age of 65 years before reappointment. (Amended by Stats. 1997, Ch. 854, Sec. 4. Effective January 1, 1998.)
  39. 44907.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a school district employee retires under a retirement law, the employee is automatically dismissed from district employment at the end of the current school year, except for disability retirements under the Teachers’ Retirement Law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44907. The retirement of any employee of a school district under the provisions of any retirement law, except for employees retiring for disability under the Teachers’ Retirement Law, shall automatically effect the dismissal of the employee from the employ of the district at the end of the current school year. (Amended by Stats. 1992, Ch. 1165, Sec. 8. Effective September 30, 1992.)
  40. 44908.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A probationary employee is treated as having completed a school year if they serve at least 75% of the required days, or in certain adult education programs, 75% of the required hours.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44908. (a) (1) A probationary employee who, in any one school year, has served for at least 75 percent of the number of days the regular schools of the school district in which the employee is employed are maintained shall be deemed to have served a complete school year. (2) In the case of adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75 percent of the number of hours constituting a full-time equivalent position for adult education programs in the school district, as described in paragraph (3) of subdivision (b) of Section 22138.5, shall be deemed a complete school year. (b) To the extent that this section, as amended, repealed, and added by Assembly Bill 897 of the 2023–24 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before July 1, 2024, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 897 of the 2023–24 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 548, Sec. 2. (AB 897) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  41. 44909.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may hire appropriately credentialed certificated employees for certain contracted or specially funded programs, but the employment terms must be agreed to in writing and include key details.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44909. (a) (1) The governing board of a school district may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state statutes. The terms and conditions under which such persons are employed shall be mutually agreed upon by the employee and the governing board of the school district and the agreement shall be reduced to writing. The expected end date of employment, the source of funding, and the nature of the categorically funded program or project shall also be included in this writing. (2) Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless (A) the person has served pursuant to this section for at least 75 percent of the number of days the regular schools of the school district by which the person is employed are maintained, and (B) the person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods that are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of probationary or permanent employees other than Section 44918. (b) Whenever a certificated employee in the regular educational program is assigned to a categorically funded project not required by federal or state statute and the school district employs an additional credentialed person to replace that certificated employee, the replacement certificated employee shall be subject to Section 44918. (c) This section does not apply to a regularly credentialed employee who has been employed in the regular educational programs of the school district as a probationary employee before being subsequently assigned to any one of these programs. (d) This section does not apply to a teacher of classes for adults. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 548, Sec. 4. (AB 897) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  42. 44910.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For some school-district employment calculations, service as an instructor at regional occupational centers or programs is generally not counted, but for a single school district it must be counted starting July 1, 2025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44910. (a) (1) Service by a person as an instructor in classes conducted at regional occupational centers or programs, as authorized pursuant to Section 52301, shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a school district. (2) This subdivision shall not be construed to apply to any regularly credentialed teacher who has been employed to teach in the regular educational programs of the school district and subsequently assigned as an instructor in regional occupational centers or programs, nor shall it affect the status of regional occupational center teachers classified as permanent or probationary at the time this section becomes effective. (b) Notwithstanding the prohibition prescribed in subdivision (a), commencing July 1, 2025, service by a person as an instructor in classes conducted at a regional occupational center or program operated by a single school district, as authorized pursuant to Section 52301, shall be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a single school district. (Amended by Stats. 2024, Ch. 956, Sec. 1. (AB 2245) Effective January 1, 2025.)
  43. 44911.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Service performed under a provisional credential does not count toward the service required for permanent employee classification in a school district, with an exception for certain one-year emergency-credential teachers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44911. Service by a person under a provisional credential shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. This section shall not be applicable to teachers granted a one-year emergency credential under the conditions specified in subdivision (b) of Section 44252 and subdivision (h) of Section 44830. (Amended by Stats. 1982, Ch. 1388, Sec. 6. Effective September 24, 1982.)
  44. 44912.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Service performed under a credential limited to teaching basic military drill in certain high school cadet companies does not count toward service required for permanent employee classification in a school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44912. Service under a credential authorizing service only as a teacher of basic military drill in high school cadet companies established under Chapter 1 of Part 2 of Division 2 of the Military and Veterans Code shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (Enacted by Stats. 1976, Ch. 1010.)
  45. 44913.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says these Education Code provisions do not allow a certificated employee to gain permanent classification for summer school employment in a school district, and summer school service does not count toward the service needed for permanent employee status.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44913. Nothing in Sections 44882 to 44887, inclusive, Sections 44890, 44891, Sections 44893 to 44906, inclusive, and Sections 44908 to 44919, inclusive, shall be construed as permitting a certificated employee to acquire permanent classification with respect to employment in a summer school maintained by a school district, and service in connection with any such employment shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of the district. The provisions of this section do not constitute a change in, but are declaratory of, the preexisting law. (Enacted by Stats. 1976, Ch. 1010.)
  46. 44914.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district governing board may credit a prior year of substitute or substitute-and-probationary service toward the probationary period if the employee meets the stated service conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44914. If an employee of a school district has served as a probationary employee of the district in a position requiring certification qualifications, for one complete school year, and in the year immediately preceding the service as probationary employee has served as a substitute employee, or as a substitute and probationary employee, serving in both capacities during the same school year in the schools of the district, at least 75 percent of the number of days the regular schools of the district were maintained, the governing board of the district may count the year of employment as a substitute or as a substitute and probationary employee as one year of the probationary period which he is required by law to serve as a condition to being classified as a permanent employee of the district. (Enacted by Stats. 1976, Ch. 1010.)
  47. 44915.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must classify certain certificated school-year employees as probationary employees if they are not already permanent or substitute employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44915. Governing boards of school districts shall classify as probationary employees, those persons employed in positions requiring certification qualifications for the school year, who have not been classified as permanent employees or as substitute employees. (Enacted by Stats. 1976, Ch. 1010.)
  48. 44916.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must classify certificated employees at hiring and each July, and must give new certificated employees a written statement showing employment status and salary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44916. The classification shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new certificated employee of the school district shall receive a written statement indicating his employment status and the salary that he is to be paid. If a school district hires a certificated person as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the certificated employee shall be deemed to be a probationary employee of the school district, unless employed with permanent status. (Enacted by Stats. 1976, Ch. 1010.)
  49. 44917.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must classify certain certificated positions as substitute employees, may hire qualified substitutes after September 1 when no regular employee is available, and must classify certain reemployed temporary employees as probationary employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44917. Except as provided in Sections 44888 and 44920, governing boards of school districts shall classify as substitute employees those persons employed in positions requiring certification qualifications, to fill positions of regularly employed persons absent from service. After September 1 of any school year, the governing board of any school district may employ, for the remainder of the school year, in substitute status any otherwise qualified person who consents to be employed in a position for which no regular employee is available, including persons retired for service under the State Teachers’ Retirement System. Inability to acquire the services of a qualified regular employee shall be demonstrated to the satisfaction of the Commission on Teacher Credentialing. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a position requiring certification qualifications, be classified by the governing board as a probationary employee and the previous year’s employment as a temporary employee shall be deemed one year’s employment as a probationary employee for purposes of acquiring permanent status. (Amended by Stats. 2009, Ch. 53, Sec. 13. (SB 512) Effective January 1, 2010.)
  50. 44918.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some substitute or temporary school employees can gain probationary status, reemployment priority, or priority rights to vacant positions if they meet the stated service conditions; on-call day-to-day substitutes are excluded.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44918. (a) Any employee classified as a substitute or temporary employee, who serves during one school year for at least 75 percent of the number of days the regular schools of the district were maintained in that school year and has performed the duties normally required of a certificated employee of the school district, shall be deemed to have served a complete school year as a probationary employee if employed as a probationary employee for the following school year. (b) Any such employee shall be reemployed for the following school year to fill any vacant positions in the school district unless the employee has been released pursuant to subdivision (b) of Section 44954. (c) If an employee was released pursuant to subdivision (b) of Section 44954 and has nevertheless been retained as a temporary or substitute employee by the district for two consecutive years and that employee has served for at least 75 percent of the number of days the regular schools of the district were maintained in each school year and has performed the duties normally required of a certificated employee of the school district, that employee shall receive first priority if the district fills a vacant position, at the grade level at which the employee served during either of the two years, for the subsequent school year. In the case of a departmentalized program, the employee shall have taught in the subject matter in which the vacant position occurs. (d) Those employees classified as substitutes, and who are employed to serve in an on-call status to replace absent regular employees on a day-to-day basis shall not be entitled to the benefits of this section. (e) Permanent and probationary employees subjected to a reduction in force pursuant to Section 44955 shall, during the period of preferred right to reappointment, have prior rights to any vacant position in which they are qualified to serve superior to those rights hereunder afforded to temporary and substitute personnel who have become probationary employees pursuant to this section. (f) This section shall not apply to any school district in which the average daily attendance is in excess of 250,000. (Amended by Stats. 2022, Ch. 920, Sec. 5. (SB 913) Effective January 1, 2023.)
  51. 44919.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must classify certain certificated employees as temporary or probationary based on the length and type of service, and they may make short temporary emergency appointments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44919. (a) Governing boards of school districts shall classify as temporary employees those persons requiring certification qualifications, other than substitute employees, who are employed to serve from day to day during the first three school months of any school term to teach temporary classes not to exist after the first three school months of any school term or to perform any other duties which do not last longer than the first three school months of any school term, or to teach in special day and evening classes for adults or in schools of migratory population for not more than four school months of any school term. If the classes or duties continue beyond the first three school months of any school term or four school months for special day and evening classes for adults, or schools for migratory population, the certificated employee, unless a permanent employee, shall be classified as a probationary employee. The school year may be divided into not more than two school terms for the purposes of this section. (b) Governing boards shall classify as temporary employees persons, other than substitute employees, who are employed to serve in a limited assignment supervising athletic activities of pupils; provided, such assignment shall first be made available to teachers presently employed by the district. Service pursuant to this subdivision shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (c) In any district, the governing board may, to prevent the stoppage of school district business when an actual emergency arises and persons are not immediately available for probationary classification, make an appointment to a position on a temporary basis for a period not to exceed 20 working days. The person so appointed shall be deemed to be a temporary employee who is employed to serve from day to day. Service by a person in such an appointment on a temporary basis shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (Amended by Stats. 1977, Ch. 565.)
  52. 44920.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire certificated teachers as temporary employees for limited terms, but only when there is a need for extra certificated staff.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44920. Notwithstanding the provisions of Sections 44917 and 44919, the governing board of a school district may employ as a teacher, for a complete school year, but not less than one semester during a school year unless the date of rendering first paid service begins during the second semester and prior to March 15th, any person holding appropriate certification documents, and may classify such person as a temporary employee. The employment of such persons shall be based upon the need for additional certificated employees during a particular semester or year because a certificated employee has been granted leave for a semester or year, or is experiencing long-term illness, and shall be limited, in number of persons so employed, to that need, as determined by the governing board. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a vacant position requiring certification qualifications, be classified by the governing board as a probationary employee and the previous year’s employment as a temporary employee shall be deemed one year’s employment as a probationary employee for purposes of acquiring permanent status. For purposes of this section “vacant position” means a position in which the employee is qualified to serve and which is not filled by a permanent or probationary employee. It shall not include a position which would be filled by a permanent or probationary employee except for the fact that such employee is on leave. (Enacted by Stats. 1976, Ch. 1010.)
  53. 44921.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A unified or high school district board may hire certificated people for only the first semester as temporary employees when it expects midyear enrollment drops, and if they stay beyond the first semester they become probationary employees and must be rehired for later vacant certified positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44921. Notwithstanding the provisions of Section 44919, the governing board of a unified or high school district may employ persons requiring certification qualifications for the first semester only, and classify such persons as temporary employees, whenever the district expects a reduction in student enrollment during the second semester due to students completing graduation requirements at midyear. The number of persons so employed shall be limited to requirements based on the anticipated reduced enrollment as determined by the governing board. Persons so employed who are continued in employment beyond the first semester shall be deemed probationary employees for the entire school year. Any such employee shall be reemployed for the following semester or school year to fill any vacant positions in the school district for which the employee is certified. Preference for available positions shall be determined by the governing board using the method prescribed in Sections 44845 and 44846. For purposes of this section “vacant position” means a position in which the employee is qualified to serve and which is not filled by a permanent or probationary employee. It shall not include a position which would be filled by a permanent or probationary employee except for the fact that such employee is on leave. (Enacted by Stats. 1976, Ch. 1010.)
  54. 44922.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board or county superintendent may create regulations letting certificated employees move from full-time to part-time work, with listed eligibility and program requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44922. Notwithstanding any other provision, the governing board of a school district or a county superintendent of schools may establish regulations which allow their certificated employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following, if the employees wish to reduce their workload and maintain retirement benefits pursuant to Section 22713 of this code or Section 20900 of the Government Code: (a) For employees subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement Plan, the regulations shall include all requirements for participation in the reduced workload program pursuant to Section 22713. (b) For employees subject to coverage under the Public Employees’ Retirement System: (1) The employee shall have reached the age of 55 years of age prior to reduction in workload. (2) The employee shall have been employed full time in a position requiring certification for at least 10 years of which the immediately preceding five years were full-time employment. (3) During the period immediately preceding a request for a reduction in workload, the employee shall have been employed full time in a position requiring certification for a total of at least five years without a break in service. For purposes of this subdivision, sabbaticals and other approved leaves of absence shall not constitute a break in service. (4) The option of part-time employment shall be exercised at the request of the employee and can be revoked only with the mutual consent of the employer and the employee. (5) The minimum part-time employment shall be the equivalent of one-half of the number of days of service required by the employee’s contract of employment during his or her final year of service in a full-time position. (6) This option is limited in prekindergarten through grade 12 to certificated employees who do not hold positions with salaries above that of a school principal. (7) The period of this part-time employment shall include a period of time, as specified in the regulations, which shall be up to and include five years. (8) The period of part-time employment shall not extend beyond the end of the school year during which the employee reaches his or her 70th birthday. (c) (1) The employee shall be paid a salary that is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time employment. (2) The employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time employee. (Amended by Stats. 2017, Ch. 298, Sec. 29. (AB 1325) Effective January 1, 2018.)
  55. 44923.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may end a permanent employee’s extra assignment or extra employment at any time if the employee has tenure as a full-time employee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44923. In the event a permanent employee of a school district has tenure as a full-time employee of the district, any assignment or employment of such employee in addition to his full-time assignment may be terminated by the governing board of the district at any time. (Enacted by Stats. 1976, Ch. 1010.)
  56. 44924.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees cannot waive the benefits of this chapter through a contract or agreement, except as provided in Sections 44937 and 44956. School district governing boards may hire certificated persons on less than a full-time basis.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44924. Except as provided in Sections 44937 and 44956, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part thereof is null and void. Notwithstanding provisions of this or any other section of this code, governing boards of school districts may employ persons in positions requiring certification qualifications on less than a full-time basis. (Enacted by Stats. 1976, Ch. 1010.)
  57. 44925.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire or contract with a qualified person as a limited-term or part-time reader assistant, and may set hourly or unit pay. Readers are not treated as certification-required employees, unless the governing board decides otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44925. The governing board of any school district may employ or engage as an independent contractor a qualified person to serve as limited-term or part-time reader assistant in connection with instruction in composition and writing, and in mathematics, to teachers. Any person employed as a reader shall not be deemed to be employed in a position requiring certification qualifications, and, unless otherwise determined by the governing board, shall not be subject to the provisions of Chapter 5 (commencing with Section 45100) of this part. The governing board may pay such hourly or unit compensation rates as it deems proper for the services rendered. It is the intent of the Legislature in enacting this section not to authorize an increase in the number of pupils who may be assigned to any class, but to provide an opportunity for improvement in the quality of student writing and mathematics abilities through more frequent assignments of compositions and more work in mathematics made possible by the employment of suitably trained persons to assist the instructor in the careful marking and analysis of the pupils’ work. Furthermore, the means adopted for employing persons as reader assistants is not intended as an encroachment upon the merit system of public employment, but is adopted as the most practical arrangement, since most work of such nature will be done as part-time work and in the home. (Enacted by Stats. 1976, Ch. 1010.)
  58. 44926.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire a qualified person with a temporary certificate as a teacher-assistant in a cooperative teacher-training program, but only if the person is enrolled as a student in the cooperating training institution when the service is performed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44926. The governing board of any school district may employ any qualified person who possesses a temporary certificate to serve as a teacher-assistant in a program conducted in cooperation with a California teacher training institution. No person shall be so employed unless he is enrolled as a student in a cooperating California teacher training institution at the time the service is rendered. Service by a person under a teacher-assistant certificate shall not be included in computing the service required as a prerequisite to the attainment of, or eligibility to, classification as a permanent employee of a school district. The governing board may make such payments as it deems proper for the services rendered. Any person employed under this section shall not be subject to the provisions of Chapter 1 (commencing with Section 22000) to Chapter 27 (commencing with Section 24600), inclusive, of Part 13 of Division 1 of Title 1. (Enacted by Stats. 1976, Ch. 1010.)
  59. 44927.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts, county boards of education, the Department of Education, and California teacher-training institutions may make assignment contracts for certificated personnel, and the assigned entity must pay salary-equivalent employment costs unless the contract instead provides for an exchange of personnel.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44927. The governing board of any school district, a county board of education, or the Department of Education may execute a contract with any California teacher-training institution whereby certificated personnel of the school district, county, or the Department of Education may be assigned to the teacher-training institution for full-time or part-time duty for a period not to exceed one year. Any teacher-training institution in California may execute a contract with the governing board of any school district, a county board of education, or the Board of Education whereby certificated personnel of the institution may be assigned to school districts, county boards of education, or the Department of Education for full-time or part-time duty for a period not to exceed one year. Any such contract shall provide for the payment, by the entity to which a person is assigned to the employer, of a sum equivalent to the salary and other employment costs of any such employee. In place of such payment, the contract may provide for the exchange of certificated personnel between the district, county, or Department of Education and the teacher-training institution. Any such employee shall retain his status as an employee of the school district, county, Department of Education, or teacher-training institution from which he is assigned in all respects during the period of such assignment. (Enacted by Stats. 1976, Ch. 1010.)
  60. 44928.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In large school districts, a school may not have a certificated teaching staff where more than 5% hold only emergency credentials, except for certain emergency credentials tied to bilingual and special education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44928. (a) No school in any school district having an average daily attendance in excess of 250,000 shall have at any time a certificated teaching staff, excluding substitutes employed pursuant to Section 45030, of whom more than 5 percent have only an emergency credential. (b) This section does not apply to emergency credentials for bilingual education or for education of the learning handicapped, severely handicapped, physically handicapped, or to any other emergency credential established for the purposes of special education. (Amended by Stats. 2022, Ch. 920, Sec. 6. (SB 913) Effective January 1, 2023.)
  61. 44929.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district or county office of education board may trigger an extra two years of credited service for a certificated employee if it formally finds the stated conditions and Section 22714 is satisfied.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment [44830 - 44929] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 44929. Whenever the governing board of a school district or a county office of education, by formal action, determines that because of impending curtailment of or changes in the manner of performing services, the best interests of the district or county office of education would be served by encouraging the retirement of certificated employees and that the retirement will result in a net savings to the district or county office of education, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to a certificated employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied. (Amended by Stats. 2003, Ch. 313, Sec. 14. Effective January 1, 2004.)
  62. 44929.20.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    Certain certificated employees may be offered a continuing contract lasting more than one year, up to four years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.20. Every certificated employee of a school district of any type or class having an average daily attendance of less than 250, and every certificated employee of any school district in a position requiring a supervision or administration credential, may be offered a continuing contract to cover a period longer than one year but not to exceed four years. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  63. 44929.21.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    Certain school-district employees become permanent employees after the required years of service and re-election, and the governing board must give notice by March 15 in one case.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.21. (a) Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the district. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the district for two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the district. The governing board shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  64. 44929.22.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    A qualifying governing board may, in its discretion, classify certain eligible certificated employees as permanent employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.22. At the discretion of the governing board of a district with 60,000 average daily attendance or more every employee of the district who, after having been employed by the district for two consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications may, at the commencement of the succeeding school year, be classified as and become a permanent employee of the district. If the board is the governing board of more than one district, it may exercise the discretionary power given it by this section in each district under its jurisdiction, whether or not each of the districts has 60,000 average daily attendance. This section shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  65. 44929.23.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    For small school districts, the governing board may classify certain employees as permanent after the required consecutive service and reelection. If the board elects to dismiss probationary employees under the cross-referenced section, different permanent-status rules apply for probationary employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.23. (a) The governing board of a school district of any type or class having an average daily attendance of less than 250 pupils may classify as a permanent employee of the district any employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made. (b) Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board thereafter shall classify as a permanent employee of the district any probationary employee who, after being employed for two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications as required by Section 44929.21. Any probationary employee who has been employed by the district for two or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the district. (c) If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made. (Amended by Stats. 2006, Ch. 538, Sec. 106. Effective January 1, 2007.)
  66. 44929.25.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    Adult-class teachers who qualify for permanent status get tenure based on their average weekly hours during probation, but there are limits for low-hour assignments and certain temporary teaching roles.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.25. When a teacher of classes for adults serves sufficient probationary time as provided in Sections 44929.20 to 44929.23, inclusive, and Section 44908 to be eligible for election to permanent classification in that district, his or her tenure shall be for the service equivalent to the average number of hours per week that he or she has served during his or her probationary years. In no case shall the employee be classified as permanent for more than one full-time assignment. The service for which the person has acquired tenure may be reduced in conformity with Sections 44955 and 44956. Notwithstanding any other provision to the contrary, in a district that has, or in a district that is one of two or more districts governed by governing boards of identical personnel that have a combined average daily attendance of 400,000 or more, as shown by the annual report of the county superintendent of schools for the preceding fiscal year, no person who is assigned 10 hours or less a week in adult classes in the district shall be eligible for election to permanent classification in the district on account of the assignment in adult classes. Notwithstanding any other provision to the contrary, any person who is employed to teach adults for not more than 60 percent of the hours per week considered a full-time assignment for permanent employees having comparable duties shall be classified as a temporary employee, and shall not become a probationary employee under the provisions of Section 44954. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  67. 44929.26.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    This section limits how day-school and evening-school service count toward permanent classification, with narrow exceptions when the school district directs or specifically requests the extra service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.26. Nothing in Sections 44929.20 to 44929.23, inclusive, shall be construed to give permanent classification to a person in the adult school who is already classified as a permanent employee in the day school. In case a teacher obtains permanent classification in the evening school and later is eligible for the same classification in the day school by reason of having served the probationary period therein, he or she shall be given his or her choice as to which he or she shall take. Notwithstanding any other provision to the contrary, service in the evening school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee in the day school, except service in the evening school rendered by a person rendering services in the day school who is directed or specifically requested by the school district to render services in the evening school either in addition to, or instead of, rendering service in the day school. Service in the day school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee in the evening school, except service in the day school rendered by a person rendering services in the evening school who is directed or specifically requested by the school district to render service in the day school either in addition to, or instead of, rendering service in the evening school. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  68. 44929.27.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    In large school districts with the same governing board, an employee may not hold permanent tenure or status for more than one full-time position.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.27. No employee of a school district or districts, in which the average daily attendance of all the districts combined is in excess of 200,000, governed by the same governing board shall hereafter acquire permanent certificated tenure or permanent noncertificated status, or a combination of tenure and status, for more than one full-time position. Any employee who hereafter acquires any combination of permanent certificated tenure or permanent noncertificated status or both which exceeds that for one full-time position shall have a choice which tenure or status to retain so long as that retained does not exceed one full-time position. It is the intent of this section that an employee holding permanent certificated tenure or permanent noncertificated status for a full-time position may not have permanent tenure or status protection for any additional time in either a certificated or a noncertificated position under any such school district governed by the same governing board. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  69. 44929.28.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    A school district governing board may employ a permanent certificated employee from any school district in a certification-required position.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.28. The governing board of a school district that employs in a position requiring certification qualifications any person who has become a permanent certificated employee in any school district may employ that person as a permanent certificated employee. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  70. 44929.29.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. )

    Verify source ↗

    This article does not change any employee’s classification as it existed on September 13, 1941.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] ( Article 2.7 added by Stats. 1987, Ch. 1452, Sec. 380. ) ## 44929.29. Nothing in this article shall be construed as affecting the classification of any employee as it existed on September 13, 1941. (Added by Stats. 1987, Ch. 1452, Sec. 380.)
  71. 44930.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must accept employee resignations and set the effective date, usually by the end of the school year; the employee and board may agree to a later date within two years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44930. (a) Governing boards of school districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which, except as provided by subdivision (b), shall not be later than the close of the school year during which the resignation has been received by the board. (b) Notwithstanding any other provision of law, an employee and the governing board of a school district may agree that a resignation will be accepted at a mutually agreed upon date not later than two years beyond the close of the school year during which the resignation is received by the board. (Amended by Stats. 1999, Ch. 80, Sec. 1. Effective January 1, 2000.)
  72. 44931.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a permanent certificated school district employee is rehired within 39 months after last paid service, the district board must treat the break in service as disregarded and restore permanent-employee status and related rights, benefits, and burdens, subject to other code provisions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44931. Whenever any certificated employee of any school district who, at the time of his or her resignation, was classified as permanent, is reemployed within 39 months after his or her last day of paid service, the governing board of the district shall, disregarding the break in service, classify him or her as, and restore to him or her all of the rights, benefits and burdens of, a permanent employee, except as otherwise provided in this code. However, time spent in active military service, as defined in Section 44800, subsequent to the last day of paid service shall not count as part of the aforesaid 39-month period. (Amended by Stats. 1994, Ch. 922, Sec. 94. Effective January 1, 1995.)
  73. 44932.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent employee may be dismissed only for listed causes, and a school district governing board may suspend certain certificated employees without pay for unprofessional conduct, except where a qualifying collective bargaining agreement exists.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44932. (a) A permanent employee shall not be dismissed except for one or more of the following causes: (1) Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code. (2) Unprofessional conduct. (3) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to that chapter. (4) Dishonesty. (5) Unsatisfactory performance. (6) Evident unfitness for service. (7) Physical or mental condition unfitting him or her to instruct or associate with children. (8) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing him or her. (9) Conviction of a felony or of any crime involving moral turpitude. (10) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947. (11) Alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children. (b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 86. (AB 731) Effective January 1, 2016.)
  74. 44933.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent employee may be dismissed or suspended for unprofessional conduct, and any charge must list the specific behavior alleged. The section also applies to suspension of probationary employees in small school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44933. A permanent employee may be dismissed or suspended on grounds of unprofessional conduct consisting of acts or omissions other than those specified in Section 44932, but any such charge shall specify instances of behavior deemed to constitute unprofessional conduct. This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils. (Amended by Stats. 1983, Ch. 498, Sec. 52. Effective July 28, 1983.)
  75. 44934.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section governs dismissal and suspension proceedings for certain school district employees and sets notice, charge, and hearing rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44934. (a) This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. (b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code. (c) Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge. (d) If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges. (e) A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation. (f) This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code. (Amended by Stats. 2014, Ch. 55, Sec. 3. (AB 215) Effective January 1, 2015.)
  76. 44934.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section limits when certain dismissal or suspension proceedings can use the section, allows a school district board to give a permanent employee notice of intent to dismiss or suspend, and requires written charges to be specific.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44934.1. (a) This section shall apply only to dismissal or suspension proceedings based solely on charges of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932. (b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (1) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. (c) Any written statement of charges of egregious misconduct shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged egregious misconduct. (d) This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code. (Added by Stats. 2014, Ch. 55, Sec. 4. (AB 215) Effective January 1, 2015.)
  77. 44935.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board may not receive a fitness report for a certificated employee in a dismissal or suspension proceeding unless the employee first gets a chance to comment in writing and receives the final report at least 10 days before submission.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44935. (a) A report on the fitness of a certificated employee in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 shall not be received from a statewide professional organization by a governing board unless the certificated employee shall have been given, prior to the preparation of the report in its final form, the opportunity to submit in writing his or her comments on the report and unless a copy of the report in final form is given to the certificated employee investigated at least 10 days prior to its submission to the governing board. (b) A report shall not be distributed other than to the governing board and those persons participating in its preparation, unless the certificated employee does not demand a hearing as provided by Section 44937. (Amended by Stats. 2014, Ch. 55, Sec. 5. (AB 215) Effective January 1, 2015.)
  78. 44936.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets when and how a dismissal or suspension notice must be given to a certificated employee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44936. (a) The notice of dismissal or suspension in a proceeding initiated pursuant to Section 44934 or 44934.1 may be given at any time of year. (b) Notwithstanding subdivision (a), the notice of dismissal or suspension in a proceeding involving only charges of unsatisfactory performance initiated pursuant to Section 44934 shall only be given during the instructional year of the schoolsite where the employee is physically employed. However, a notice of dismissal or suspension in a proceeding involving charges of unsatisfactory performance may be initiated pursuant to paragraph (2) of subdivision (b) of Section 44938. (c) The notice of dismissal or suspension given during the instructional year of the schoolsite where the employee is physically employed shall be in writing and be served upon the employee personally or by United States registered mail addressed to him or her at his or her last known address. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. (d) A notice of dismissal or suspension given outside of the instructional year of the schoolsite where the employee is physically employed shall be in writing and shall be served upon the employee personally. A copy of the charges filed, containing the information required pursuant to Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. (Amended by Stats. 2014, Ch. 55, Sec. 6. (AB 215) Effective January 1, 2015.)
  79. 44937.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If an employee does not request a hearing in writing to the governing board, the employee may be dismissed or suspended without pay after 30 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44937. In a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1, if the employee does not demand a hearing by filing a written request for hearing with the governing board, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period. (Amended by Stats. 2014, Ch. 55, Sec. 7. (AB 215) Effective January 1, 2015.)
  80. 44938.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may not act on charges of unprofessional conduct or unsatisfactory performance unless it gives the employee the required written notice first.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44938. (a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (b) The governing board of any school district shall not act upon any charges of unsatisfactory performance unless it acts in accordance with the provisions of paragraph (1) or (2): (1) At least 90 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (2) The governing board may act during the time period composed of the last one-fourth of the schooldays it has scheduled for purposes of computing apportionments in any fiscal year if, prior to the beginning of that time period, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (c) “Unsatisfactory performance” as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932. “Unprofessional conduct” as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932. (Amended by Stats. 1995, Ch. 392, Sec. 4. Effective January 1, 1996.)
  81. 44939.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section lets a school district suspend a permanent employee and sets a fast process for the employee to challenge that suspension.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44939. (a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934. (b) Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district, charging a permanent employee of the school district with immoral conduct, conviction of a felony or of any crime involving moral turpitude, with incompetency due to mental disability, with willful refusal to perform regular assignments without reasonable cause, as prescribed by reasonable rules and regulations of the employing school district, or with violation of Section 51530, the governing board of the school district may, if it deems that action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice of dismissal, he or she will be dismissed, unless he or she demands a hearing. (c) (1) An employee who has been placed on suspension pursuant to this section may serve and file with the Office of Administrative Hearings a motion for immediate reversal of suspension. Review of a motion filed pursuant to this section shall be limited to a determination as to whether the facts as alleged in the statement of charges, if true, are sufficient to constitute a basis for immediate suspension under this section. The motion shall include a memorandum of points and authorities setting forth law and argument supporting the employee’s contention that the statement of charges does not set forth a sufficient basis for immediate suspension. (2) The motion shall be served upon the governing board of the school district and filed with the Office of Administrative Hearings within 30 days after service upon the employee of the initial pleading in the matter. The governing board of the school district has the right to serve and file a written response to the motion before or at the time of hearing. (3) The hearing on the motion for immediate reversal of suspension shall be held no later than 30 days after the motion is filed with the Office of Administrative Hearings. (4) The administrative law judge shall, no later than 15 days after the hearing, issue an order denying or granting the motion. The order shall be in writing, and a copy of the order shall be served by the Office of Administrative Hearings upon the parties. The grant or denial of the motion shall be without prejudice to consideration by the Commission on Professional Competence, based upon the full evidentiary record before it, of the validity of the grounds for dismissal. The ruling shall not be considered by the commission in determining the validity of the grounds for dismissal, and shall not have any bearing on the commission’s determination regarding the grounds for dismissal. (5) An order granting a motion for immediate reversal of suspension shall become effective within five days of service of the order. The school district shall make the employee whole for any lost wages, benefits, and compensation within 14 days after service of an order granting the motion. (6) A motion made pursuant to this section shall be the exclusive means of obtaining interlocutory review of suspension pending dismissal. The grant or denial of the motion is not subject to interlocutory judicial review. (d) A motion for immediate reversal of suspension pursuant to this section does not affect the authority of a governing board of a school district to determine the physical placement and assignment of an employee who is suspended or placed on administrative leave during the review of the motion or while dismissal charges are pending. (Amended by Stats. 2015, Ch. 303, Sec. 87. (AB 731) Effective January 1, 2016.)
  82. 44939.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    For certain dismissal or suspension proceedings, a school district board may immediately suspend a permanent employee for egregious misconduct and must give notice that dismissal will follow in 30 days unless the employee demands a hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44939.1. (a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district, charging a permanent employee of the school district with egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, the governing board of the school district may, if it deems such action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice of dismissal, he or she will be dismissed, unless he or she demands a hearing. (Added by Stats. 2014, Ch. 55, Sec. 9. (AB 215) Effective January 1, 2015.)
  83. 44939.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section bars school employers from blocking required reports of egregious misconduct, from hiding certain misconduct records in personnel files, and requires applicant disclosure and employer inquiry for certificated jobs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44939.5. (a) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency. (b) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employee’s personnel file, nor shall they enter into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. (c) (1) A person applying for a certificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of. (2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing. (3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession. (d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. (Amended by Stats. 2025, Ch. 460, Sec. 12. (SB 848) Effective January 1, 2026.)
  84. 44940.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If a certificated school-district employee is charged with certain offenses, the district must place the employee on leave and notify the credentialing commission, and the commission must suspend the employee’s credential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44940. (a) For purposes of this section, “charged with a mandatory leave of absence offense” is defined to mean charged by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of any sex offense as defined in Section 44010, with a violation or attempted violation of Section 187 of the Penal Code, or with the commission of any offense involving aiding or abetting the unlawful sale, use, or exchange to minors of controlled substances listed in Schedule I, II, or III, as contained in Sections 11054, 11055, and 11056 of the Health and Safety Code. (b) For purposes of this section, “charged with an optional leave of absence offense” is defined to mean a charge by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of any controlled substance offense as defined in Section 44011 or 87011 of this code, or Sections 11357 to 11361, inclusive, or Section 11363, 11364, or 11370.1 of the Health and Safety Code, insofar as these sections relate to any controlled substances except marijuana, mescaline, peyote, or tetrahydrocannabinols. (c) For purposes of this section and Section 44940.5, the term “school district” includes county offices of education. (d) (1) If a certificated employee of a school district is charged with a mandatory leave of absence offense, as defined in subdivision (a), upon being informed that a charge has been filed, the governing board of the school district shall immediately place the employee on compulsory leave of absence. The duration of the leave of absence shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. No later than 10 days after receipt of the complaint, information, or indictment described by subdivision (a), the school district shall forward a copy to the Commission on Teacher Credentialing. (2) Upon receiving a copy of a complaint, information, or indictment described in subdivision (a) and forwarded by a school district, the Commission on Teacher Credentialing shall automatically suspend the employee’s teaching or service credential. The duration of the suspension shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. (e) (1) If a certificated employee of a school district is charged with an optional leave of absence offense as defined in subdivision (b), the governing board of the school district may immediately place the employee upon compulsory leave in accordance with the procedure in this section and Section 44940.5. If any certificated employee is charged with an offense deemed to fall into both the mandatory and the optional leave of absence categories, as defined in subdivisions (a) and (b), that offense shall be treated as a mandatory leave of absence offense for purposes of this section. No later than 10 days after receipt of the complaint, information, or indictment described by subdivision (a), the school district shall forward a copy to the Commission on Teacher Credentialing. (2) Upon receiving a copy of a complaint, information, or indictment described in subdivision (a) and forwarded by a school district, the Commission on Teacher Credentialing shall automatically suspend the employee’s teaching or service credential. The duration of the suspension shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. (Amended by Stats. 2015, Ch. 303, Sec. 88. (AB 731) Effective January 1, 2016.)
  85. 44940.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets procedures for compulsory leave of certificated and classified employees, including possible extension of leave, pay and bond rules, reimbursement after acquittal or dismissal, and immediate reporting to the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44940.5. A certificated employee placed on compulsory leave of absence pursuant to Section 44940, and a classified employee placed on compulsory leave of absence pursuant to Section 45304 shall be subject to the following procedures: (a) The governing board of the school district may extend the compulsory leave of absence of the employee beyond the initial period specified in Section 44940 or 45304, whichever is applicable, by giving notice to the employee within 10 days after the entry of judgment in the proceedings that the employee will be dismissed at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. (b) An employee placed upon compulsory leave of absence pursuant to this section shall continue to be paid his or her regular salary during the period of his or her compulsory leave of absence if and during that time he or she furnishes to the school district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the school district the amount of salary so paid to him or her during the period of the compulsory leave of absence in case the employee is convicted of the charges, or fails or refuses to return to service following an acquittal of the offense or dismissal of the charges. If the employee is acquitted of the offense, or the charges against the employee are dismissed, the school district shall reimburse the employee for the cost of the bond upon his or her return to service in the school district. (c) If the employee does not elect to furnish bond, or other security acceptable to the governing board of the district, and if the employee is acquitted of the offense, or the charges against him or her are dismissed without his or her guilt being established, the school district shall pay to the employee his or her full compensation for the period of the compulsory leave of absence upon his or her return to service in the school district. If the charges against the employee are dismissed as a result of the employee’s successful completion of a drug diversion program, upon the employee’s return to service in the school district, the school district, at the employee’s election, shall pay to the employee any accrued leave, and differential pay pursuant to Sections 44977, 45195, and 45196, for up to the length of the employee’s compulsory leave of absence. (d) An action taken pursuant to this section by a governing board shall be reported immediately to the Commission on Teacher Credentialing. The commission shall give priority to the investigation and resolution of these cases. (Amended by Stats. 2008, Ch. 579, Sec. 1. Effective January 1, 2009.)
  86. 44941.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    An employee who asks for a hearing must file one document with the hearing request and notice of defense.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44941. (a) The notice of suspension and intention to dismiss shall be in writing and served pursuant to Section 44936. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice. (b) An employee who demands a hearing shall file a single document containing his or her request for a hearing pursuant to this section and a notice of defense pursuant to Sections 11505 and 11506 of the Government Code. (Amended by Stats. 2014, Ch. 55, Sec. 12. (AB 215) Effective January 1, 2015.)
  87. 44941.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A suspension-and-dismissal notice for certain egregious misconduct must be written and served as required, with copies of the charges and article provisions attached.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44941.1. Notwithstanding Section 44941, the notice of suspension and intention to dismiss that is based exclusively on charges of egregious misconduct as described in paragraph (1) of subdivision (a) of Section 44932, shall be in writing and served pursuant to Section 44936. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice. (Added by Stats. 2014, Ch. 55, Sec. 13. (AB 215) Effective January 1, 2015.)
  88. 44942.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A certificated employee may be suspended or transferred if the governing board reasonably believes the employee has a mental illness that makes them incompetent, and the section sets out notice, examination, hearing, salary, leave, and review steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44942. (a) Any certificated employee may be suspended or transferred to other duties by the governing board if the board has reasonable cause to believe that the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties. (b) The governing board shall immediately, upon any suspension or transfer under this section, give to the employee a written statement of the facts giving rise to the board’s belief, and an opportunity to appear before the board within 10 days to explain or refute the charges. (c) If, after the employee’s appearance before the board, the board decides to continue the suspension or transfer, or if the employee chooses not to appear before the board, the employee shall then be offered, in writing, the opportunity of being examined by a panel consisting of three persons who are either psychiatrists or psychologists, at least one of whom shall be a psychiatrist, selected by him or her from a list of psychiatrists and psychologists to be provided by the board. To assist the panel in making its determination, the governing board shall supply to the panel, prior to the date scheduled for the examination, a list of the duties of the position from which the employee was suspended or transferred. The employee shall continue to receive his or her regular salary and all other benefits of employment during the period dating from his or her suspension to the filing of the report of the panel with the governing board. (d) The examination shall be conducted at school district expense within 15 days of any suspension or transfer ordered under this section. The employee shall submit to the examination, but shall be entitled to be represented by a psychiatrist, psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, or physician of his or her own choice, and any report of the psychiatrist, psychologist, or physician selected by him or her shall be filed with the panel at the request of the employee. A written report of the panel on the examination of the suspended or transferred employee shall be submitted to the governing board no later than 10 days after completion of the examination. A copy shall be supplied to the employee upon request. The report shall contain a finding on whether the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties. (e) If a majority of the panel conclude that the employee should be permitted to return to his or her duties, no written record of the suspension or of the determination of the panel shall be retained, and in all respects any written record concerning the employee shall appear as it did before the suspension was made. (f) If a majority of the panel find in the panel’s report that the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties, the governing board may, upon receipt of the report, place the employee on mandatory sick leave of absence. Any mandatory sick leave of absence imposed under this section shall not exceed two years, during which period the employee shall be entitled to sick leave and hospital and medical benefits that he or she accrued during his or her employment by the governing board but only to the extent of that accrual. (g) Any employee placed on mandatory sick leave of absence pursuant to this section may, in writing, immediately demand a hearing. Upon receipt of that written demand, the governing board shall file a complaint in the superior court of the county in which the school district, or the major part thereof, is located, setting forth the charges against the employee and asking that the court inquire into the charges and determine whether or not the charges are true, and, if true, whether they constitute sufficient grounds for placing the employee on mandatory sick leave of absence, and for a judgment pursuant to its findings. (h) If the court finds that the employee was not, at the time of the suspension, incompetent to perform his or her assigned duties and should not have been placed on mandatory sick leave of absence, the employee shall be immediately reinstated to the same or a substantially similar position with full back salary, and any written record of the suspension or transfer or any report of the panel shall be destroyed. (i) If the court confirms the placing of the employee on mandatory sick leave, or if the employee does not seek a hearing, then, upon written request of the employee made not earlier than six months nor later than two years after the date he or she was placed on mandatory sick leave of absence, a new panel consisting of three persons who are either psychiatrists or psychologists, at least one of whom shall be a psychiatrist, shall be convened by, and at the expense of, the governing board to review its original conclusion. If the original conclusion is not changed by the new panel as a result of that review, the employee shall be continued on the mandatory sick leave of absence, except that when the employee’s total period of absence exceeds two years, the governing board shall either rescind its action and reinstate the employee to the same or a substantially similar position, or shall serve the employee with a notice of intention to dismiss him or her, and proceed according to Section 44943. (j) If a majority of the new panel concludes in its report, or any subsequent review thereof, that the suspended employee or employee on mandatory sick leave of absence should be permitted to return to his or her duties, or if the court so concludes, the governing board shall take immediate action to restore the employee to the position from which he or she was suspended or transferred or to a substantially similar position. (k) Every hearing and action by or before the governing board pursuant to this section shall be in executive session, and no decision, action, or occurrence therein shall be made public, unless the employee so requests in writing. (l) Nothing in this section shall be construed to supersede Section 44949. (Amended by Stats. 1989, Ch. 455, Sec. 1.)
  89. 44943.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If a noticed employee demands a hearing, the governing board may either rescind the dismissal or suspension action or schedule a hearing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44943. When any employee who has been served with notice pursuant to Section 44934 or 44934.1 of the governing board’s intention to dismiss or suspend him or her demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter. (Amended by Stats. 2014, Ch. 55, Sec. 14. (AB 215) Effective January 1, 2015.)
  90. 44944.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets deadlines and procedures for dismissal or suspension hearings, including who decides the hearing date, how commission members are selected, what evidence is allowed, and how hearing costs are paid.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44944. (a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934. (b) (1) (A) In a dismissal or suspension proceeding initiated pursuant to Section 44934, if a hearing is requested by the employee, the hearing shall be commenced within six months from the date of the employee’s demand for a hearing. A continuance shall not extend the date for the commencement of the hearing more than six months from the date of the employee’s request for a hearing, except for extraordinary circumstances, as determined by the administrative law judge. If extraordinary circumstances are found that extend the date for the commencement of the hearing, the deadline for concluding the hearing and closing the record pursuant to this subdivision shall be extended for a period of time equal to the continuance. The hearing date shall be established after consultation with the employee and the governing board of the school district, or their representatives, except that if the parties are not able to reach an agreement on a date, the Office of Administrative Hearings shall unilaterally set a date in compliance with this section. The hearing shall be completed by a closing of the record within seven months of the date of the employee’s demand for a hearing. A continuance shall not extend the date for the close of the record more than seven months from the date of the employee’s request for a hearing, except for good cause, as determined by the administrative law judge. (B) If substantial progress has been made in completing the previously scheduled days of the hearing within the seven-month period but the hearing cannot be completed, for good cause shown, within the seven-month period, the period for completing the hearing may be extended by the presiding administrative law judge. If the administrative law judge grants a continuance under this subparagraph, the administrative law judge shall establish a reasonable timetable for the completion of the hearing and the closing of the record. The hearing shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the Commission on Professional Competence shall have all of the power granted to an agency pursuant to that chapter, except as described in this article. (2) (A) A witness shall not be permitted to testify at the hearing except upon oath or affirmation. Testimony shall not be given or evidence shall not be introduced relating to matters that occurred more than four years before the date of the filing of the notice, except in one of the following circumstances: (i) Testimony or evidence regarding allegations of behavior or communication of a sexual nature with a pupil that is beyond the scope or requirements of the educational program, which may constitute misconduct, or an act described in Section 212.5, but not amounting to conduct described in clause (ii), may be introduced in a disciplinary proceeding based on similar conduct, where such allegations have been substantiated through an investigation or proceeding, or for which the employee was subject to discipline or other form of penalty. (ii) Testimony or evidence regarding allegations of an act described in Section 288 of the Penal Code with respect to a pupil of any age, Section 288.3 of the Penal Code, Section 44010 of this code, or Sections 11165.2 to 11165.6, inclusive, of the Penal Code may be introduced in any disciplinary proceeding. (B) Evidence of records regularly kept by the governing board of the school district concerning the employee may be introduced, but no decision relating to the dismissal or suspension of an employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years before the filing of the notice, except as allowed pursuant to subparagraph (A). (c) (1) The hearing provided for in this section shall be conducted by a Commission on Professional Competence, unless the parties submit a statement in writing to the Office of Administrative Hearings, indicating that both parties waive the right to convene a Commission on Professional Competence and stipulate to having the hearing conducted by a single administrative law judge. If the parties elect to waive a hearing before the Commission on Professional Competence, the hearing shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the administrative law judge conducting the hearing shall have all the powers granted to a Commission on Professional Competence pursuant to that chapter, except as described in this article. (2) If the parties elect not to waive a hearing before a Commission on Professional Competence, one member of the commission shall be selected by the employee, one member shall be selected by the governing board of the school district, and one member shall be an administrative law judge of the Office of Administrative Hearings who shall be chairperson and a voting member of the commission and shall be responsible for assuring that the legal rights of the parties are protected at the hearing. (3) The governing board of the school district and the employee shall select Commission on Professional Competence members no later than 45 days before the date set for hearing, and shall serve notice of their selection upon all other parties and upon the Office of Administrative Hearings. Failure to meet this deadline shall constitute a waiver of the right to selection, and the county board of education or its specific designee shall immediately make the selection. If the county board of education is also the governing board of the school district or has by statute been granted the powers of a governing board, the selection shall be made by the Superintendent, who shall be reimbursed by the school district for all costs incident to the selection. (4) Any party who believes that a selected Commission on Professional Competence member is not qualified may file an objection, including a statement describing the basis for the objection, with the Office of Administrative Hearings and serve the objection and statement upon all other parties within 10 days of the date that the notice of selection is filed. Within seven days after the filing of any objection, the administrative law judge assigned to the matter shall rule on the objection or convene a teleconference with the parties for argument. (5) (A) The member selected by the governing board of the school district and the member selected by the employee shall not be related to the employee and shall not be employees of the school district initiating the dismissal or suspension. Each member shall hold a currently valid credential and have at least three years’ experience within the past 10 years in the discipline of the employee. (B) For purposes of this paragraph, the following terms have the following meanings: (i) For an employee subject to dismissal whose most recent teaching assignment is in kindergarten or any of the grades 1 to 6, inclusive, “discipline” means a teaching assignment in kindergarten or any of the grades 1 to 6, inclusive. (ii) For an employee subject to dismissal whose most recent assignment requires an education specialist credential or a services credential, “discipline” means an assignment that requires an education specialist credential or a services credential, respectively. (iii) For an employee subject to dismissal whose most recent teaching assignment is in any of the grades 7 to 12, inclusive, “discipline” means a teaching assignment in any of grades 7 to 12, inclusive, in the same area of study, as that term is used in Section 51220, as the most recent teaching assignment of the employee subject to dismissal. (d) (1) The decision of the Commission on Professional Competence shall be made by a majority vote, and the commission shall prepare a written decision containing findings of fact, determinations of issues, and a disposition that shall be, solely, one of the following: (A) That the employee should be dismissed. (B) That the employee should be suspended for a specific period of time without pay. (C) That the employee should not be dismissed or suspended. (2) The decision of the Commission on Professional Competence that the employee should not be dismissed or suspended shall not be based on nonsubstantive procedural errors committed by the school district or governing board of the school district unless the errors are prejudicial errors. (3) The Commission on Professional Competence shall not have the power to dispose of the charge of dismissal by imposing probation or other alternative sanctions. The imposition of suspension pursuant to subparagraph (B) of paragraph (1) shall be available only in a suspension proceeding authorized pursuant to subdivision (b) of Section 44932 or Section 44933. (4) The decision of the Commission on Professional Competence shall be deemed to be the final decision of the governing board of the school district. (5) The governing board of the school district may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (6) The governing board of the school district and the employee shall have the right to be represented by counsel. (e) (1) If the member selected by the governing board of the school district or the member selected by the employee is employed by any school district in this state, the member shall, during any service on a Commission on Professional Competence, continue to receive salary, fringe benefits, accumulated sick leave, and other leaves and benefits from the school district in which the member is employed, but shall not receive additional compensation or honorariums for service on the commission. (2) If the member selected is a retired employee, the member shall receive pay at the daily substitute teacher rate in the school district that is a party to the hearing. Service on a Commission on Professional Competence shall not be credited toward retirement benefits. (3) If service on a Commission on Professional Competence occurs during summer recess or vacation periods, the member shall receive compensation proportionate to that received during the current or immediately preceding contract period from the member’s employing school district, whichever amount is greater. (f) (1) If the Commission on Professional Competence determines that the employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the hearing, including the cost of the administrative law judge. The state shall pay any costs incurred under paragraphs (2) and (3) of subdivision (e), the reasonable expenses, as determined by the administrative law judge, of the member selected by the governing board of the school district and the member selected by the employee, including, but not limited to, payments or obligations incurred for travel, meals, and lodging, and the cost of the substitute or substitutes, if any, for the member selected by the governing board of the school district and the member selected by the employee. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The employee and the governing board of the school district shall pay their own attorney’s fees. (2) If the Commission on Professional Competence determines that the employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the cost of the administrative law judge, any costs incurred under paragraphs (2) and (3) of subdivision (e), the reasonable expenses, as determined by the administrative law judge, of the member selected by the governing board of the school district and the member selected by the employee, including, but not limited to, payments or obligations incurred for travel, meals, and lodging, the cost of the substitute or substitutes, if any, for the member selected by the governing board of the school district and the member selected by the employee, and reasonable attorney’s fees incurred by the employee. (3) As used in this section, “reasonable expenses” shall not be deemed “compensation” within the meaning of subdivision (e). (4) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the Commission on Professional Competence, the payment of expenses to members of the commission required by this subdivision shall not be stayed. (5) If the decision of the Commission on Professional Competence is reversed or vacated by a court of competent jurisdiction, either the state, having paid the commission members’ expenses, shall be entitled to reimbursement from the governing board of the school district for those expenses, or the governing board of the school district, having paid the expenses, shall be entitled to reimbursement from the state. If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision to overturn the administrative law judge’s decision, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this paragraph, shall be stayed until no further appeal is sought, or all appeals are exhausted. (g) (1) The hearing provided for in this section shall be conducted in a place selected by agreement among the members of the Commission on Professional Competence. In the absence of agreement, the place shall be selected by the administrative law judge. (2) Notwithstanding paragraph (1), the parties may mutually agree to hold the hearing by telephone, videoconference, or other electronic means. (Amended by Stats. 2021, Ch. 401, Sec. 9. (AB 1578) Effective January 1, 2022.)
  91. 44944.05.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    In certain dismissal or suspension proceedings, the school district and employee must exchange disclosures, expert witness information, and prehearing evidence on set deadlines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44944.05. (a) In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) (1) An initial disclosure shall comply with the following requirements: (A) A party shall, without awaiting a discovery request, provide to the other parties both of the following: (i) The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties’ claims and defenses, unless the use would be solely for impeachment purposes. (ii) A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties’ claims or defenses, unless the use would be solely for impeachment. (B) The school district and the employee shall make their initial disclosures within 45 days of the date of the employee’s demand for a hearing. (C) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures. A party’s failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose. (D) A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A party’s failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose. (2) The disclosure of expert testimony shall comply with the following requirements: (A) A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing. (B) The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness’ expected testimony, including a description of the facts and data considered by the witness; a description of the witness’ qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness. (C) Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A party’s failure to make full and timely expert witness disclosures shall preclude the party’s use of the expert witness’ testimony or evidence at the hearing. (3) Prehearing disclosures shall comply with the following requirements: (A) In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing: (i) The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises. (ii) An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises. (B) Prehearing disclosures shall be made at least 30 days before the hearing. (i) Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence. (ii) These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing. (c) In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944. (d) If the right to disclosures or oral depositions is denied by either the employee or the governing board, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 90. (AB 731) Effective January 1, 2016.)
  92. 44944.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets the procedure and deadlines for certain dismissal or suspension hearings for certificated school employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44944.1. (a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) Once the governing board of the school district has initiated dismissal or suspension proceedings pursuant to Section 44934.1, the process described in this section shall be the exclusive means of pursuing a dismissal or suspension for the acts or events constituting the charge of egregious misconduct, and these specific acts or events shall not be used to support any additional or subsequent notice of suspension or dismissal pursuant to Section 44934. Once the governing board of the school district has initiated dismissal or suspension proceedings pursuant to Section 44934.1, the process described in this section shall be the exclusive means of pursuing a dismissal or suspension against the certificated employee until a written decision has been reached by the administrative law judge pursuant to paragraph (1) of subdivision (e), the charges have been dismissed, or the dismissal or suspension proceeding has been settled or otherwise resolved. If a suspension initiated against an employee pursuant to Section 44934.1 is upheld, and a dismissal was not pursued on the same charges, the entry of judgment of the suspension under Section 44934.1 may be considered as evidence to support a subsequent notice of dismissal based on other charges. If a suspension initiated against an employee pursuant to Section 44934.1 is upheld, but the employee prevailed on the dismissal proceeding based on the same charges, the entry of judgment of the suspension under Section 44934.1 shall not be considered as evidence to support a subsequent notice of dismissal based on other charges. (c) The hearing provided for in this section shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, by an administrative law judge. The administrative law judge conducting the hearing shall have all the powers granted to an agency pursuant to that chapter. (d) (1) (A) In a dismissal or suspension proceeding initiated pursuant to Section 44934.1, if a hearing is requested by the employee, the hearing shall be commenced within 60 days from the date of the employee’s demand for a hearing. The hearing date shall be established after consultation with the employee and the governing board, or their representatives, except that, if the parties are not able to reach agreement on a date, the Office of Administrative Hearings shall unilaterally set a date in compliance with this section. The Office of Administrative Hearings shall prioritize the scheduling of dismissal or suspension proceedings initiated pursuant to Section 44934.1 over other proceedings related to certificated school employees. (B) The right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. Notwithstanding any provision to the contrary, and except for the taking of oral depositions, no discovery shall occur later than 30 calendar days after the employee is served with a copy of the accusation pursuant to Section 11505 of the Government Code. In all cases, discovery shall be completed prior to seven calendar days before the date upon which the hearing commences. If any continuance is granted pursuant to Section 11524 of the Government Code, the time limitation for commencement of the hearing as provided in this subdivision shall be extended for a period of time equal to the continuance. The continuance or continuances granted pursuant to Section 11524 of the Government Code, if any, shall not extend by more than a total of 30 days the deadline set forth in paragraph (1) of subdivision (d). The extension shall not include that period of time attributable to an unlawful refusal by either party to allow the discovery provided for in this section. (2) If the right of discovery granted under paragraph (1) is denied by either the employee or the governing board, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code. (3) A witness shall not be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years before the date of the filing of the notice, except evidence of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932, which shall not be excluded based on the passage of time. (4) Evidence of records regularly kept by the governing board of the school district concerning the employee may be introduced, but no decision relating to the dismissal or suspension of an employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years before the filing of the notice, except evidence of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932, which shall not be excluded based on the passage of time. (e) (1) The administrative law judge shall prepare a written decision containing findings of fact, determinations of issues, and a disposition that shall be, solely, one of the following: (A) That the employee should be dismissed. (B) That the employee should be suspended for a specific period of time without pay. (C) That the employee should not be dismissed or suspended. (2) The decision of the administrative law judge that the employee should not be dismissed or suspended shall not be based on nonsubstantive procedural errors committed by the school district or the governing board of the school district unless the errors are prejudicial errors. (3) The administrative law judge shall not have the power to dispose of the charge of dismissal by imposing probation or other alternative sanctions. The imposition of suspension pursuant to subparagraph (B) of paragraph (1) shall be available only in a suspension proceeding authorized pursuant to subdivision (b) of Section 44932 or Section 44933. (4) The decision of the administrative law judge shall be deemed to be the final decision of the governing board of the school district. (5) The state board may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (6) The governing board of the school district and the employee shall have the right to be represented by counsel. (f) (1) If the administrative law judge determines that the employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the hearing, including the cost of the administrative law judge. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The employee and the governing board of the school district shall pay their own attorney’s fees. (2) If the administrative law judge determines that the employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the cost of the administrative law judge, and reasonable attorney’s fees incurred by the employee. (3) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the administrative law judge, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this subdivision, shall not be stayed. (4) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the administrative law judge and the decision is upheld, the appellee shall be entitled to an award of reasonable attorney’s fees and costs expended on the appeal. (5) If the decision of the administrative law judge is reversed or vacated by a court of competent jurisdiction, either the state, having paid one-half of the expenses of the hearing, including the cost of the administrative law judge, shall be entitled to reimbursement from the governing board of the school district for those expenses, or the governing board of the school district, having paid one-half of the expenses, shall be entitled to reimbursement from the state. If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision to overturn the administrative law judge’s decision, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this paragraph, shall be stayed until no further appeal is sought, or all appeals are exhausted. (g) The hearing provided for in this section shall be conducted in a place selected in accordance with Section 11508 of the Government Code. (Repealed and added by Stats. 2014, Ch. 55, Sec. 18. (AB 215) Effective January 1, 2015.)
  93. 44944.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An administrative law judge must check pupil-record privacy rules before admitting testimony or evidence about an individual pupil, and must move the hearing or part of it into executive session if those rules would be violated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44944.3. At a hearing conducted pursuant to Section 44944 or 44944.1, the administrative law judge, before admitting any testimony or evidence concerning an individual pupil, shall determine whether the introduction of the testimony or evidence at an open hearing would violate any provision of Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27 of Division 4, relating to privacy of pupil records. If the administrative law judge, in his or her discretion, determines that any of those provisions would be violated, he or she shall order that the hearing, or any portion of the hearing at which the testimony or evidence would be produced, be conducted in executive session. (Amended by Stats. 2015, Ch. 303, Sec. 91. (AB 731) Effective January 1, 2016.)
  94. 44945.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Either the governing board or the employee may petition a court to review a dismissal or suspension decision, and the court must independently review the evidence and hear the case as soon as possible.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44945. The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law. (Amended by Stats. 2014, Ch. 55, Sec. 20. (AB 215) Effective January 1, 2015.)
  95. 44946.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If an employee was suspended pending the hearing and the board rules in the employee’s favor, the governing board must reinstate the employee within five days and pay full salary for the suspension period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44946. If the employee has been suspended pending the hearing, he shall be reinstated within five days after the governing board’s decision in his favor, and shall be paid full salary by the governing board for the period of his suspension. (Enacted by Stats. 1976, Ch. 1010.)
  96. 44947.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If an employee is dismissed for immoral conduct or a felony or moral turpitude, the governing board must send the hearing transcript to the Commission on Teacher Credentialing and the county board that issued the certificate, and ask that the certificate be revoked if the employee is not reinstated on appeal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44947. If an employee is dismissed for immoral conduct or conviction of a felony or crime involving moral turpitude, the governing board shall transmit to the Commission on Teacher Credentialing and to the county board of education which issued the certificate under which the employee was serving at the time of his dismissal, a copy of the reporter’s transcript of the hearing accompanied by a request that any certificate issued by the county board of education to the employee be revoked if the employee is not reinstated upon appeal. (Amended by Stats. 1990, Ch. 1263, Sec. 15.)
  97. 44948.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must dismiss probationary employees during the school year only for cause, and may instead suspend certain probationary employees without pay.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44948. (a) Governing boards of school districts shall dismiss probationary employees during the school year for cause only, as in the case of permanent employees. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year or who are employed in a school district having an average daily attendance of less than 250 pupils. (b) The governing board may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal pursuant to this section. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (Amended by Stats. 1983, Ch. 498, Sec. 60. Effective July 28, 1983.)
  98. 44948.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A small school district board may choose to dismiss probationary employees during the school year under Section 44948.3, and if it makes that choice, it must use this section only for dismissing probationary certificated employees during the school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44948.2. Notwithstanding subdivision (a) of Section 44948 and subdivision (c) of Section 44948.3, the governing board of any school district having an average daily attendance of less than 250 may elect to dismiss probationary employees during the school year pursuant to the provisions of Section 44948.3. Once a district has made an election pursuant to this section, it shall only dismiss probationary certificated employees during the school year pursuant to this section. (Added by Stats. 1991, Ch. 256, Sec. 2.)
  99. 44948.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets first- and second-year probationary employees be dismissed for unsatisfactory performance or cause, and requires notice, appeal information, and hearing-request procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44948.3. (a) First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures: (1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice. (2) The employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board a written request for a hearing. The governing board may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the board. The failure of an employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing. (b) The governing board, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal. (c) This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils. (Amended by Stats. 1985, Ch. 324, Sec. 4.)
  100. 44948.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets special nonrenewal notice and hearing rules for certain probationary school district employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44948.5. (a) This section applies only to (1) probationary employees of a school district with an average daily attendance of less than 250 pupils, or (2) those persons currently employed as probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) No later than March 15 and before a probationary employee is given notice by the governing board that his or her services will not be required for the ensuing year for reasons other than those specified in Section 44955, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or, in the case of a district which has no superintendent, by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. If the probationary employee has been in the employ of the district for less than 45 days on March 15, the giving of the notice may be deferred until the 45th day of employment and all time period and deadline dates prescribed by this subdivision shall be coextensively extended. Until the employee has requested a hearing as provided in subdivision (c) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (c) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (b), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, his or her failure to do so shall constitute a waiver of his or her right to a hearing. The notice provided for in subdivision (b) shall advise the employee of the provisions of this subdivision. (d) In the event a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency therein, except that all of the following shall apply: (1) The respondent shall file his or her notice of defense, if any, within five days after service upon him or her of the accusation and he or she shall be notified of this five-day period for filing in the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils thereof. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. The board may adopt from time to time such rules and procedures not inconsistent with provisions of this section as may be necessary to effectuate this section. (e) The governing board’s determination not to reemploy a probationary employee for the ensuing school year shall be for cause only. The determination of the governing board as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the schools and the pupils thereof. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (f) Notice to the probationary employee by the governing board that his or her service will not be required for the ensuing year, shall be given no later than May 15. (g) If a governing board notifies a probationary employee that his or her services will not be required for the ensuing year, the board shall, within 10 days after delivery to it of the employee’s written request, provide the employee with a statement of its reasons for not reemploying him or her for the ensuing school year. (h) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (i) In the event that the governing board does not give notice provided for in subdivision (e) on or before May 15, the employee shall be deemed reemployed for the ensuing school year. (j) If after request for hearing pursuant to subdivision (c) any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (d), (e), (f), and (i) which occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (Amended by Stats. 1985, Ch. 324, Sec. 5.)
  101. 44949.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets notice and hearing rules before certain certificated employees are not reemployed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44949. (a) (1) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year for the reasons specified in Section 44955, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or in the case of a school district that has no superintendent by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. (2) Until the employee has requested a hearing as provided in subdivision (b) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (a), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, his or her failure to do so shall constitute his or her waiver of his or her right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file his or her notice of participation, if any, within five days after service upon him or her of the District Statement of Reduction in Force and he or she shall be notified of this five-day period for filing in the District Statement of Reduction in Force. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the District Statement of Reduction in Force, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. (d) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (e) If after a request for hearing pursuant to subdivision (b) a continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivision (c) that occur on or after the date of granting the continuance and the date prescribed in subdivision (c) of Section 44955 that occurs after the date of granting the continuance shall be extended for a period of time equal to the continuance. (f) The governing board may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (Amended by Stats. 2013, Ch. 90, Sec. 1. (SB 546) Effective January 1, 2014.)
  102. 44951.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain certificated employees in administrative or supervisory positions must receive a March 15 notice, or they continue in the position for the next school year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44951. Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States registered mail with postage prepaid and addressed to his or her last known address by March 15 that he or she may be released from his or her position for the following school year, or unless the signature of the employee is obtained by March 15 on the written notice that he or she may be released from his or her position for the following year, he or she shall be continued in the position. The provisions of this section do not apply to a certificated employee who holds a written contract with an expiration date beyond the current school year, or to a certificated employee holding a position that is funded for less than a school year, or to a certificated employee assigned to an acting position whose continuing right to hold this position depends on being selected from an eligible list established for the position, or to the termination of employment pursuant to Section 44955. (Amended by Stats. 1993, Ch. 261, Sec. 1. Effective January 1, 1994.)
  103. 44952.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Section 44952 says Section 44949 must not be read as changing or affecting Section 44948.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44952. The provisions of Section 44949 shall not be construed as in any way modifying or affecting the provisions of Section 44948. (Enacted by Stats. 1976, Ch. 1010.)
  104. 44953.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may dismiss substitute employees at any time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44953. Governing boards of school districts may dismiss substitute employees at any time at the pleasure of the board. (Enacted by Stats. 1976, Ch. 1010.)
  105. 44954.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may release temporary employees who need certification qualifications, but only in the circumstances listed in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44954. Governing boards of school districts may release temporary employees requiring certification qualifications under the following circumstances: (a) At the pleasure of the board prior to serving during one school year at least 75 percent of the number of days the regular schools of the district are maintained. (b) After serving during one school year the number of days set forth in subdivision (a), if the employee is notified before the end of the school year of the district’s decision not to reelect the employee for the next succeeding year. (Repealed and added by Stats. 1992, Ch. 336, Sec. 3. Effective January 1, 1993.)
  106. 44955.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section limits how a school district may terminate certificated employees and requires the governing board to provide notice, written reasons on request, seniority-based reassignment, and a competency test before certain new teaching assignments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44955. (a) No permanent employee shall be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and no probationary employee shall be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive. (b) Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, whenever the governing board determines that attendance in a district will decline in the following year as a result of the termination of an interdistrict tuition agreement as defined in Section 46304, whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or whenever the amendment of state law requires the modification of curriculum, and when in the opinion of the governing board of the district it shall have become necessary by reason of any of these conditions to decrease the number of permanent employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the certificated employees of the district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of no permanent employee may be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service which said permanent employee is certificated and competent to render. In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the district shall be deemed to have been a school of the newly formed or reorganized district for both of the two previous school years. As between employees who first rendered paid service to the district on the same date, the governing board shall determine the order of termination solely on the basis of needs of the district and the students thereof. Upon the request of any employee whose order of termination is so determined, the governing board shall furnish in writing no later than five days prior to the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. This requirement that the governing board provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without such a requirement. (c) Notice of such termination of services shall be given before the 15th of May in the manner prescribed in Section 44949, and services of such employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with the provisions of Sections 44844 and 44845. In the event that a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year. The governing board shall make assignments and reassignments in such a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. However, prior to assigning or reassigning any certificated employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (d) Notwithstanding subdivision (b), a school district may deviate from terminating a certificated employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, which others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (Amended by Stats. 1983, Ch. 1302, Sec. 15.2. Effective September 30, 1983.)
  107. 44955.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may terminate certain certificated employees only during a specified budget window and only if funding growth is below 2% and the board finds staff reductions necessary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44955.5. (a) During the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if the governing board of a school district determines that its total local control funding formula apportionment per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2 percent, and if the governing board of a school district determines it is therefore necessary to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of any permanent or probationary certificated employees of the school district, including employees holding a position that requires an administrative or supervisory credential. The termination shall be pursuant to Sections 44951 and 44955 but, notwithstanding anything to the contrary in Sections 44951 and 44955, in accordance with a schedule of notice and hearing adopted by the governing board of the school district. (b) This section is inoperative from July 1, 2002, to July 1, 2003, inclusive, and from July 1, 2011, to July 1, 2012, inclusive. (c) (1) Except as provided in paragraph (2), this section is inoperative from July 1, 2020, to July 1, 2021, inclusive. (2) Notwithstanding paragraph (1), from July 1, 2020, to July 1, 2021, inclusive, a certificated employee of a school district holding a position that requires an administrative or supervisory credential may be terminated pursuant to subdivision (a). (d) This section is inoperative from July 1, 2024, to July 1, 2025, inclusive. (Amended by Stats. 2024, Ch. 38, Sec. 40. (SB 153) Effective June 29, 2024. Amendment makes this section inoperative from July 1, 2024, to July 1, 2025.)
  108. 44956.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A terminated permanent certificated employee gets a preferred right to reappointment for 39 months, with several related protections and conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44956. Any permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no probationary or other employee with less seniority shall be employed to render a service that the employee is certificated and competent to render. However, prior to reappointing any employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (b) The right to reappointment described in subdivision (a) may be waived by the employee, without prejudice, for not more than one school year, unless the board extends this right, but the waiver shall not deprive the employee of his or her right to subsequent offers of reappointment. (c) Notwithstanding subdivision (a), a school district may deviate from reappointing a certificated employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the employee has special training and experience necessary to teach that course or course of study, or to provide those services, that others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (d) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by such termination, but the period of his or her absence shall not count as a part of the service required for retirement. (e) During the period of his or her preferred right to reappointment, an employee shall, in the order of original employment, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his or her services may be terminated upon the return to duty of the other employee and that substitute service shall not affect the retention of his or her previous classification and rights. If, in any school year the employee serves as a substitute in any position requiring certification for 21 days or more within a period of 60 schooldays, the compensation the employee receives for substitute service in that 60-day period, including his or her first 20 days of substitute service, shall be not less than the amount the employee would receive if he or she were being reappointed. (f) (1) During the period of the employee’s preferred right to reappointment, the governing board of the district, if it is also the governing board of one or more other districts, may assign him or her to service, which he or she is certificated and competent to render, in another district or districts; provided, that the compensation he or she receives therefor may, in the discretion of the governing board, be the same as he or she would have received had he or she been serving in the district from which his or her services were terminated, that his or her service in the other district or districts shall be counted toward the period required for both state and local retirement as though rendered in the district from which his or her services were terminated, and that no permanent employee in the other district or districts shall be displaced by him or her. (2) It is the intent of this subdivision that the employees of a school district, the governing board of which is also the governing board of one or more other school districts, shall not be at a disadvantage as compared with employees of a unified school district. (g) At any time prior to the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or district retirement system, for the period of his or her absence, but it shall not be obligatory on state or district to match those contributions. (h) Should he or she become disabled or reach retirement age at any time before his or her return to service, he or she shall receive, in any state or district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had such event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed. (Amended by Stats. 2014, Ch. 71, Sec. 38. (SB 1304) Effective January 1, 2015.)
  109. 44956.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    For certain certificated employees who move from an administrative job to a teaching job, the time spent in the administrative job does not count toward seniority, except that school site administrators may earn up to three years of seniority while serving in that role.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44956.5. For a certificated employee initially employed in an administrative position on or after July 1, 1983, who transfers to a teaching position, the period of employment in the administrative position shall not be included in determining seniority for purposes of Sections 44955 and 44956, except for school site administrators who shall earn up to a maximum of three years seniority while serving as site administrators. (Added by Stats. 1983, Ch. 498, Sec. 67. Effective July 28, 1983.)
  110. 44957.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A terminated probationary employee may have a preferred right to reappointment for 24 months, and the governing board must require a competency test before reappointing an employee to teach an unfamiliar subject in specified cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44957. Any probationary employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 24 months from the date of such termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all permanent employees as set forth in Section 44956, in the order of original employment as determined by the governing board in accordance with the provisions of Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. Except as otherwise provided, no probationary or temporary employee with less seniority shall be employed to render a service which such employee is certificated and competent to render and provided that such an employee shall be given a priority over employees whose right to a position is derived pursuant to Section 44918. However, prior to reappointing any employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (b) Notwithstanding subdivision (a), a school district may deviate from reappointing a probationary employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the employee has special training and experience necessary to teach that course or course of study, or to provide those services, which others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (c) As to any such employee who is reappointed, the period of his absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his service, he shall retain the classification and order of employment he had when his services were terminated, and credit for prior service under any state or district retirement system shall not be affected by such termination; provided, however, that the period of his absence shall not be counted as a part of the service required for attaining permanent status in the district or, except as provided in subdivision (e), for retirement purposes. (d) During the period of his preferred right to reappointment, any such employee shall, in the order of original employment, and subject to the rights of permanent employees as set forth in Section 44956, be offered prior opportunity for substitute service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty; provided, that his services may be terminated upon a return to duty of such other employee, that such substitute service shall not affect the retention of his previous classification and rights, and that such an employee shall be given a priority over employees whose right to a substitute position is derived pursuant to Section 44918. (e) At any time prior to the completion of one year after his return to service, an employee reappointed under the provisions of this section may elect to continue or to reinstate his membership and interest in any state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such election the employee shall pay into the retirement system the amount of his share of contribution and the district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest. (Amended by Stats. 1983, Ch. 1302, Sec. 15.5. Effective September 30, 1983.)
  111. 44958.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain reemployed probationary employees keep continuity of service and get most permanent-employee rights, with some limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44958. If the services of any probationary employee are terminated, or if such employee is dismissed, because of a reduction in the attendance of pupils or the discontinuance of a particular kind of service, and such employee is reemployed within a period of 39 months from the last day of the school year within which his service was so terminated, or within 39 months after the cessation of hostilities, if such reduction in attendance or discontinuance of service was due to war conditions, the period of his absence shall not count as a part of the service required as a condition precedent to the classification of such employee as a permanent employee of the district, but such absence shall not be construed as a break in the continuity of the service of such employee. Every such probationary employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Sections 44955 to 44961, inclusive, for permanent employees, except the right of reappointment, subject only to the prior rights of permanent employees. The provisions of this section shall apply to any probationary employee who shall be or who shall have been dismissed or terminated after January 1, 1949, because of reduction in attendance or discontinuance of a particular kind of service. (Enacted by Stats. 1976, Ch. 1010.)
  112. 44959.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain permanent certificated employees affected by war-related service disruptions, Section 44956 rights are extended and related war-service rights are preserved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44959. As to any permanent certificated employee whose services have been terminated because of the effect of wars in which the United States is engaged upon the attendance of pupils or upon the maintenance of a particular kind of service, the effective period covered by all rights enumerated in Section 44956 is extended until two years after the cessation of hostilities, and in addition thereto for a like period these employees shall have the following rights: (a) He or she may voluntarily accept termination of service in other than the order of original employment and retain all of the other rights herein provided. (b) If he or she is engaged in any form of civilian or military war service, any credential or certificate he or she holds is continued in full force and effect until 90 days after the termination of his or her employment therein. (c) If, either before or after such termination, he or she engages in any form of war service for which provision is made in Section 44800 or elsewhere in the laws of this state, he or she shall retain all rights granted by that war service legislation as though still employed. However, the right to reappointment shall be in the order of original employment, as determined in accordance with the provisions of Sections 44844 and 44845. (Amended by Stats. 1994, Ch. 922, Sec. 95. Effective January 1, 1995.)
  113. 44959.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section limits when certain layoff rules apply to probationary certificated employees, and it only applies to school districts with average daily attendance of at least 250,000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44959.5. (a) The layoff provisions of Sections 44955, 44956, 44957, 44958, and 44959 shall not be applicable to probationary certificated employees who are covered by a collective agreement which contains provisions for the layoff and reassignment of such employees. (b) If layoff proceedings are commenced under procedures prescribed by any of the sections referred to in subdivision (a), such proceedings shall continue in accordance with the statutory procedures, notwithstanding the subsequent adoption of a collective agreement or the inclusion in the coverage thereof of employees not so covered at the time such proceedings commenced. (c) If layoff proceedings are commenced under a collective agreement which contains provisions for the layoff of probationary certificated employees, such proceedings shall continue in accordance with the agreement, notwithstanding the subsequent termination of the agreement. (d) This section shall only apply to a school district in which the average daily attendance is 250,000 or more and shall not be interpreted to apply to the termination of any probationary certificated employee pursuant to Section 44948 or 44949. (Amended by Stats. 2022, Ch. 920, Sec. 7. (SB 913) Effective January 1, 2023.)
  114. 44960.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A permanent certificated employee serving as a substitute may have that service ended when the employee being replaced returns, but only at the end of the current semester or quarter and after at least 30 days’ written notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44960. The services of any permanent certificated employee referred to in Section 44959 who has been appointed to substitute service in place of another employee who is on leave of absence for civilian or military war service may be terminated upon the return of said other employee from such leave of absence, but only at the end of the current semester or quarter and not less than 30 days after written notice that his services will no longer be required. (Enacted by Stats. 1976, Ch. 1010.)
  115. 44961.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For employee-rights provisions in Sections 44955 to 44961, “war” has the meaning given in Section 22804.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44961. In specifying or defining the rights of employees in Sections 44955 to 44961, inclusive, the effect of war refers to “war” as defined in Section 22804. (Amended by Stats. 2009, Ch. 303, Sec. 10. (SB 509) Effective January 1, 2010.)
  116. 44962.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards may grant leaves of absence to employees in positions that require certification qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44962. Governing boards of school districts may grant leaves of absence to persons employed in positions requiring certification qualifications. (Enacted by Stats. 1976, Ch. 1010.)
  117. 44963.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may grant extra leave of absence, with or without pay, to certificated employees for other purposes or time periods, but it may not deny leave employees are entitled to by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44963. When any provision of this code expressly authorizes or requires the governing board of a school district to grant a leave of absence for any purpose or for any period of time to persons employed in positions requiring certification qualifications, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to such employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he is entitled by law. (Enacted by Stats. 1976, Ch. 1010.)
  118. 44964.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may allow leave of absence from duty, and may also pay compensation during that leave, for certain certificated employees absent because of accident, illness, or quarantine.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44964. The governing board of any school district may provide for the leave of absence from duty and may grant compensation during the leave of absence to any employee of the district who is employed in a position requiring certification qualifications and who is compelled to absent himself from his duties because of accident or illness, whether or not the cause of absence arises out of and in the course of the employment of the employee, or because of quarantine which results from his contact with other persons having a contagious disease while performing his duties, or because of temporary inability to perform the services required of him because of illness, accident, or quarantine. (Enacted by Stats. 1976, Ch. 1010.)
  119. 44965.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must provide leave from duty for certificated employees absent because of pregnancy, miscarriage, childbirth, or recovery.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44965. The governing board of any school district shall provide for leave of absence from duty for any certificated employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district. Except as provided herein, written and unwritten employment policies and practices of any school district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. This section shall be construed as requiring the governing board of a school district to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. (Enacted by Stats. 1976, Ch. 1010.)
  120. 44966.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may grant a certificated employee a leave of absence for study or travel that benefits the district’s schools and pupils, for up to one year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44966. The governing board of any school district may grant any employee of the district employed in a position requiring certification qualifications, a leave of absence for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the schools and pupils of the district. The governing board may provide that the leave of absence be taken in separate six-month periods or separate quarters rather than for a continuous one-year period, provided that the leave of absence for both of the separate six-month periods or any or all quarters shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the two separate six-month periods or separate quarters of the leave of absence shall comprise a part of the service required for a subsequent leave of absence. (Amended by Stats. 1994, Ch. 922, Sec. 96. Effective January 1, 1995.)
  121. 44967.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board may not grant certain leave of absence requests unless the employee has at least seven consecutive years of service, and it may not grant more than one such leave in any seven-year period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44967. No leave of absence shall be granted to any employee under Section 44966 who has not rendered service to the district for at least seven consecutive years preceding the granting of the leave, and not more than one such leave of absence shall be granted in each seven-year period. The governing board granting the leave of absence may, subject to the rules and regulations of the State Board of Education, prescribe the standards of service which shall entitle the employee to the leave of absence. No absence from the service of the district under a leave of absence, other than a leave of absence granted pursuant to Section 44966, granted by the governing board of the district shall be deemed a break in the continuity of service required by this section, and the period of such absence shall not be included as service in computing the seven consecutive years of service required by this section. Service under a national recognized fellowship or foundation approved by the State Board of Education, for a period of not more than one year, for research, teaching or lecturing shall not be deemed a break in continuity of service, and the period of such absence shall be included in computing the seven consecutive years of service required by this section. (Enacted by Stats. 1976, Ch. 1010.)
  122. 44968.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee on leave under Section 44966 may have to work during the leave if the district board and employee agree in writing, and the employee must receive agreed compensation at least equal to the difference between the employee’s salary and a substitute’s salary; the board may instead pay half the employee’s salary or more, up to full salary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44968. Every employee granted a leave of absence pursuant to Section 44966 may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing, and the employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.)
  123. 44968.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee on certain leaves may agree in writing with the school district’s governing board not to be paid during the leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44968.5. An employee granted a leave of absence pursuant to Section 44966 or 44967 may agree in writing with the governing board of the school district not to receive compensation during the period of the leave. (Enacted by Stats. 1976, Ch. 1010.)
  124. 44969.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee taking a leave of absence must sign a written promise to return and work for twice the length of the leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44969. Every employee, as a condition to being granted a leave of absence pursuant to Section 44966, shall agree in writing to render a period of service in the employ of the governing board of the district following his return from the leave of absence which is equal to twice the period of the leave. Compensation granted by the governing board to the employee on leave for less than one year may be paid during the first year of service rendered in the employ of the governing board following the return of the employee from the leave of absence or, in the event that the leave is for a period of one year, such compensation may be paid in two equal annual installments during the first two years of such service following the return of the employee. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were teaching in the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render the agreed upon period of service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in event the failure of the employee to return and render the agreed upon period of service is caused by the death or physical or mental disability of the employee. If the governing board finds and by resolution declares that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render the agreed upon period of service therein following his return from the leave, the governing board in its discretion may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Enacted by Stats. 1976, Ch. 1010.)
  125. 44970.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If an employee does not complete the agreed leave period, the leave compensation is reduced proportionally. If an indemnity bond was furnished and there is a default, bond proceeds are shared between the employee and the school district in the same proportion as time served to time agreed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44970. If the employee does not serve for the entire period of service agreed upon under Section 44969, the amount of compensation paid for the leave of absence shall be reduced by an amount which bears the same proportion to the total compensation as the amount of time which was not served bears to the total amount of time agreed upon. If the employee furnished an indemnity bond, upon default, the proceeds of the bond shall be divided between the employee and the school district in the same proportion as the actual amount of time served bears to the amount of time agreed upon. (Enacted by Stats. 1976, Ch. 1010.)
  126. 44972.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee may count service in one or more districts toward the service requirements in Sections 44967 or 44969, if one governing board serves two or more separate districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44972. Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Section 44967 or in 44969, or both, by service in any one or more of the districts under the jurisdiction of such governing board. At the option of the governing board the provisions of this section may apply in whole or in part to service rendered prior to October 1, 1949. (Enacted by Stats. 1976, Ch. 1010.)
  127. 44973.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When an employee’s leave ends, the employee is to be reinstated to the same position unless the employee agrees otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44973. At the expiration of the leave of absence of the employee, he shall, unless he otherwise agrees, be reinstated in the position held by him at the time of the granting of the leave of absence. (Enacted by Stats. 1976, Ch. 1010.)
  128. 44974.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board and district are exempt from liability for compensation or damages for an employee’s death or injury when it happens during a leave of absence under Sections 44962 to 44976.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44974. Both the governing board of any district and the district shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any employee of the district employed in a position requiring certification qualifications when the death or injury occurs while the employee is on any leave of absence granted under the provisions of Sections 44962 to 44976, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  129. 44975.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A leave of absence for a probationary employee does not break the continuity of service needed for permanent classification, and the leave period is not counted as employment for certain cited sections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44975. No leave of absence when granted to a probationary employee shall be construed as a break in the continuity of service required for the classification of the employee as permanent. The time during which the leave of absence is taken shall not be considered as employment within the meaning of Sections 44882 to 44891, inclusive, Sections 44893 to 44900, inclusive, Sections 44901 to 44906, inclusive, and Sections 44908 to 44919, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  130. 44976.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school or other place of employment is transferred between districts, certificated employees who transfer with it keep their accumulated leave rights, and the new district must honor or grant those rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44976. When any school or other place of employment shall have been transferred from one district to another, any certificated employees who transfer with said school or other place of employment shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to such transfer and the district to which such school or other place of employment has been transferred shall recognize or grant such rights, including any accumulated rights allowed by the governing board of the district from which the school or other place of employment was transferred, as fully as if there had been no change in the district maintaining such school or other place of employment. (Enacted by Stats. 1976, Ch. 1010.)
  131. 44977.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    After a certificated employee uses all sick leave, salary deductions for up to five more school months are capped at the substitute pay amount, and the district must try to hire a substitute.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44977. (a) During each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of illness or accident for an additional period of five school months, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the additional five months in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (b) For purposes of subdivision (a): (1) The sick leave, including accumulated sick leave, and the five-month period shall run consecutively. (2) An employee shall not be provided more than one five-month period per illness or accident. However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year. (c) The governing board of every school district shall adopt a salary schedule for substitute employees. The salary schedule shall indicate a salary for a substitute for all categories or classes of certificated employees of the district. (d) Excepting in a district the governing board of which has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from his or her duties. (e) When a person employed in a position requiring certification qualifications is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her duties for a cause other than illness, the amount deducted from the salary due him or her for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. The rules and regulations shall not conflict with rules and regulations of the State Board of Education. (f) Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for persons acquiring certification qualifications. (g) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 1998, Ch. 30, Sec. 1. Effective January 1, 1999.)
  132. 44977.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certificated employees may use sick leave for parental leave, but leave and pay are limited and capped.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44977.5. (a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In school districts that use the differential pay system described in Section 44977, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (3) In school districts that use the differential pay system described in Section 44983, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a person employed in a position requiring certification qualifications shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 1. (AB 2012) Effective January 1, 2019.)
  133. 44978.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certificated employees have paid sick-leave rights, and school district governing boards must set proof rules that do not discriminate on specified religious evidence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44978. Every certificated employee employed five days a week by a school district shall be entitled to 10 days’ leave of absence for illness or injury and additional days in addition thereto as the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a school year of service. A certificated employee employed for less than five schooldays a week shall be entitled, for a school year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five and is entitled to additional days in addition thereto as the governing board may allow for illness or injury to certificated employees employed for less than five schooldays a week. Pay for any day of this absence shall be the same as the pay that would have been received had the employee served during the day. Credit for leave of absence need not be accrued prior to taking the leave by the employee and the leave of absence may be taken at any time during the school year. If the employee does not take the full amount of leave allowed in any school year under this section the amount not taken shall be accumulated from year to year with additional days as the governing board may allow. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. The rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination. Nothing in this section shall be deemed to modify or repeal any provision of law contained in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code. Section 44977 relating to compensation, shall not apply to the first 10 days of absence on account of illness or accident of the employee employed five days a week or to the proportion of 10 days of absence to which the employee employed less than five days a week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 44977 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. (Amended by Stats. 1996, Ch. 1023, Sec. 36. Effective September 29, 1996.)
  134. 44978.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A certificated employee who has used all sick leave and remains absent because of illness or accident may be placed on a reemployment list, and must be returned to work when medically able.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44978.1. When a certificated employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the five-month period provided pursuant to Section 44977, and the employee is not medically able to resume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the employee is on probationary status, or for a period of 39 months if the employee is on permanent status. When the employee is medically able, during the 24- or 39-month period, the certificated employee shall be returned to employment in a position for which he or she is credentialed and qualified. The 24-month or 39-month period shall commence at the expiration of the five-month period provided pursuant to Section 44977. (Added by Stats. 1998, Ch. 30, Sec. 2. Effective January 1, 1999.)
  135. 44978.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Qualifying certificated employees may get up to 10 days of paid leave for treatment of a service-connected disability, with rules for crediting, use, and forfeiture.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44978.2. (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a certificated employee hired on or after, or employed on or after, January 1, 2017, who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs, shall be entitled to leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. (2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying certificated employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. (3) Notwithstanding paragraph (2), credit for leave of absence for illness or injury granted under this subdivision shall be credited to a certificated employee on the date the employee receives confirmation of submission of his or her disability application to the United States Department of Veterans Affairs. When the certificated employee receives his or her disability rating decision from the United States Department of Veterans Affairs, the employee shall report that information to the employer. If the certificated employee’s disability rating decision makes the employee ineligible pursuant to paragraph (1), the employer may change the leave of absence for illness or injury time used before the disability rating decision to an alternative leave balance. If the certificated employee’s disability rating decision makes the employee eligible pursuant to paragraph (1), the employee shall be entitled to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability minus the time used before the disability rating decision, for the 12-month period beginning with the confirmation of submission of his or her disability application. (4) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. (5) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. (b) A certificated employee, as described in subdivision (a), employed less than five days per week, shall be entitled to that proportion of 10 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to five. (c) This section shall not be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section. (Amended by Stats. 2018, Ch. 92, Sec. 52. (SB 1289) Effective January 1, 2019.)
  136. 44979.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain certificated employees can transfer accumulated illness-or-injury leave to a new qualifying public education employer, and the new employer must honor the request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44979. (a) A certificated employee of a school district, county office of education, or state special school who has been an employee of that employing entity for a period of one school year or more and who accepts a position requiring certification qualifications with another school district, county office of education, state special school, or community college district shall have the total number of days of leave of absence for illness or injury that the employee has accumulated with the first employing entity pursuant to Section 44978 transferred to the subsequent employing entity. The subsequent employing entity shall honor a transfer request made at any time during the certificated employee’s employment with that school district, community college district, county office of education, or state special school. (b) The former employing school district, county office of education, or state special school shall provide all of the following information in responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity: (1) The name and identification number for the employee requesting the transfer. (2) The contact information for that former employing entity. (3) The time period of the service, including start date and end date, for the employee requesting the transfer. (4) The number of days of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employing entity’s workday. (5) The contact information for the subsequent employing entity. (6) The signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information. (c) A school district, community college district, county office of education, or state special school shall not adopt a policy or rule, written or unwritten, that requires a certificated employee transferring to that school district, community college district, county office of education, or state special school to waive any part or all of the leave of absence that the certificated employee may be entitled to have transferred pursuant to this section. (Amended by Stats. 2024, Ch. 381, Sec. 1. (AB 2134) Effective January 1, 2025.)
  137. 44980.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain certificated employees who move into another qualifying education position must take their accumulated illness or injury leave with them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44980. A certificated employee of any school district or state special school who accepts a position requiring certification qualifications in the office of any county superintendent of schools; or, any certificated employee of any county superintendent of schools who accepts a position requiring certification qualifications in a school district, state special school, or office of another county superintendent of schools; or, any person employed by the department in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts a position requiring certification qualifications in any school district, state special school, or office of any county superintendent of schools; or, any certificated employee of the Commission on Teacher Credentialing who accepts a position requiring certification qualifications in any school district, state special school, or office of any county superintendent of schools; shall have transferred with the employee to the second position the employee’s accumulated total number of days of leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 44979. All other provisions of Section 44979 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 381, Sec. 2. (AB 2134) Effective January 1, 2025.)
  138. 44981.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees may use illness-or-injury leave for personal necessity, and they do not need advance permission for certain family death, serious illness, or accident-related leave. School districts and county superintendents must set proof rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44981. Any days of leave of absence for illness or injury allowed pursuant to Section 44978 may be used by the employee, at his or her election in cases of personal necessity. The governing board of each school district and each office of county superintendent of schools shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. The employee shall not be required to secure advance permission for leave taken for any of the following reasons: (1) Death or serious illness of a member of his or her immediate family. (2) Accident, involving his or her person or property, or the person or property of a member of his or her immediate family. No such accumulated leave in excess of seven (7) days may be used in any school year for the purposes enumerated in this section unless a maximum number of days in excess of seven (7) is specified for that purpose in an agreement between the exclusive bargaining representative and the district. (Amended by Stats. 1991, Ch. 123, Sec. 1.)
  139. 44982.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Certain certificated employees who move into a permanent professional education position in the department must transfer their accumulated illness-or-injury leave, subject to a cap.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44982. A person employed by a school district, county superintendent of schools, or state special school in a position requiring certification qualifications who accepts a professional education position in the department, the appointment that is, or is intended to become, permanent, shall have transferred with the employee to the department the employee’s accumulated total number of days of leave of absence for illness or injury. The amount of that leave to be transferred shall be determined in the same manner as provided in Section 44979, except the transferred accumulated sick leave shall not exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which the employee is transferring. All other provisions of Section 44979 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 381, Sec. 3. (AB 2134) Effective January 1, 2025.)
  140. 44983.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district can avoid Section 44977 if it keeps a rule paying certificated employees 50% or more of regular salary during illness or accident absences of five school months or less.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44983. Section 44977 shall not apply to any school district which adopts and maintains in effect a rule which provides that when a person employed in a position requiring certification qualifications is absent from his duties on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, he shall receive 50 percent or more of his regular salary during the period of such absence and nothing in Section 44977 shall be construed as preventing the governing board of any district from adopting any such rule. Notwithstanding the foregoing, when a person employed in a position requiring certification qualifications is absent from his duties on account of illness for a period of more than five school months, or when a person is absent from his duties for a cause other than illness, the amount deducted from the salary due him for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. Such rules and regulations shall not conflict with rules and regulations of the State Board of Education. Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for persons requiring certification qualifications. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Enacted by Stats. 1976, Ch. 1010.)
  141. 44984.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district boards must adopt rules for industrial accident and illness leave for certificated employees, and employees are entitled to at least 60 days of leave subject to the section’s conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44984. (a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a school district that is created or whose boundaries or status is changed by an action to organize or reorganize school districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the school district becomes effective for all purposes. (b) The rules or regulations shall include the following provisions: (1) Allowable leave shall be for not less than 60 days during which the schools of the school district are required to be in session or when the employee would otherwise have been performing work for the school district in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulated from year to year. (3) Industrial accident or illness leave shall commence on the first day of absence. (4) (A) If a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary. (B) The phrase “full salary” as used in this subdivision shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. (5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. (6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. (c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978, and 44983, and for purposes of each of these sections, the employee’s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave as, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary. (d) The governing board of a school district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate. (e) During a paid leave of absence, the employee may endorse to the school district the temporary disability indemnity checks received on account of the employee’s industrial accident or illness. The school district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. (f) In the absence of rules and regulations adopted by the governing board of a school district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of that leave. (Amended by Stats. 2016, Ch. 86, Sec. 62. (SB 1171) Effective January 1, 2017.)
  142. 44985.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    Eligible certificated school-district employees are entitled to bereavement leave for the death of an immediate family member, up to 3 days or 5 days if out-of-state travel is required.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44985. Every person employed by a school district in a position requiring certification qualifications is entitled to a leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his immediate family. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. (Enacted by Stats. 1976, Ch. 1010.)
  143. 44986.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may grant disability-related leave to certificated employees, and must classify certain replacement workers as temporary employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44986. (a) The governing board of a school district may grant a leave of absence to any certificated employee who has applied for disability benefits, not to exceed 30 days beyond final determination of the employee’s eligibility for disability benefits by the State Teachers’ Retirement System. If the employee is determined to be eligible for the disability benefits by the system, that leave shall be extended for the term of disability, but not more than 39 months. (b) (1) Governing boards of school districts shall classify as temporary employees those persons employed to fill vacancies caused by the absence of certificated employees who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the employer is paying the cost or deducting the cost from the employees’ salaries. (2) For purposes of this section, the term of employment of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability benefit. (3) If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee. (Amended by Stats. 1993, Ch. 1144, Sec. 15. Effective January 1, 1994.)
  144. 44986.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If the employer applied for a disability benefit for a member and the State Teachers’ Retirement System denies the disability finding, the employer must reinstate the member to the former position after receiving notice of the denial.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44986.1. Any member for whom the employer makes application for a disability benefit and whom the State Teachers’ Retirement System finds not to be disabled under this chapter, shall be reinstated to the former position upon receipt by the employer of notification from the system of the denial of the disability benefit. (Amended by Stats. 1993, Ch. 1144, Sec. 16. Effective January 1, 1994.)
  145. 44987.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district board must grant leave without loss of pay to an employee who requests it to serve as an elected officer of a qualifying public employee organization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44987. (a) (1) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any local school district public employee organization, or any statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The required employer contribution rate shall be the rate adopted by the Teachers’ Retirement Board as a plan amendment with respect to the Defined Benefit Program as provided in Section 22711. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Section 22711. Any employee who serves as a full-time officer of a public employee organization is not eligible for disability benefits under the State Teachers’ Retirement Plan while on the leave of absence. (3) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee. (4) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (5) For purposes of this section, “school district” also means “county superintendent of schools.” (b) (1) An employee who after August 31, 1978, was absent on account of elected-officer service, shall receive full service credit in the State Teachers’ Retirement Plan, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the member is an elected officer pays to the member’s employer an amount equal to the required State Teachers’ Retirement Plan member and employer retirement contributions, including regular interest on the balance of contributions due to the State Teachers’ Retirement System, calculated from the date the contributions would have been due when the elected-officer service was performed to the date payment is received by the State Teachers’ Retirement System, compounded daily based on the regular interest rate in effect the day the payment is received by the State Teachers’ Retirement System, as prescribed by this section. (2) The school district, following this written request and payment, shall transmit the amount received to the State Teachers’ Retirement System, informing it of the period of the employee’s leave of absence. The State Teachers’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (c) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1978. (Amended by Stats. 2021, Ch. 539, Sec. 2. (SB 294) Effective January 1, 2022.)
  146. 44987.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district’s governing board must grant a compensated leave of absence to an employee who asks for it, if the section’s conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44987.3. (a) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of any compensation for the purpose of enabling the employee to serve on any of the following boards, commissions, committees, or groups, so long as the requirements of subdivision (b) are satisfied: (1) Advisory Commission on Special Education, as provided for by Section 33590. (2) Advisory committee for child care and development services, as provided in Section 8286. (3) Curriculum Development and Supplemental Materials Commission, as provided for by Section 33530. (4) Educational Innovation and Planning Commission, as provided for by Section 33502. (5) Educational Management and Evaluation Commission, as provided for by Section 33550. (6) Any other group, commission, or board authorized by statute; or commission or board, any of whose members are appointed by the Governor or the state board; whose purposes and activities are to further public education, exclusive of the Commission on Teacher Credentialing. (b) A leave of absence shall not be granted unless all the following requirements are satisfied: (1) Service is performed in the State of California. (2) The board, commission, committee, or group, in writing, informs the employee’s district of the service. (3) The board, commission, committee, or group agrees, prior to service, to reimburse the school district pursuant to subdivision (d). (c) The leave of absence shall be limited to 20 schooldays per school year. (d) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the board, commission, committee, or group that the employee serves for the compensation paid to the employee’s substitute and for actual administrative costs related to the leave of absence granted to the employee under this section, upon written request for reimbursement by the school district. Reimbursement by the board, commission, committee, or group shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee and of payment of compensation to the employee’s substitute. (e) The leave of absence without loss of compensation provided for by this section is in addition to the release time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code and the leave of absence granted employees by Section 44987. (f) As used in this section, “school district” also means a county superintendent of schools. (Amended by Stats. 2009, Ch. 53, Sec. 15. (SB 512) Effective January 1, 2010.)
  147. 44988.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may замен? designate substitute holidays for certain certificated employees before July 1, if the substitute days create at least a three-day weekend.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 44988. Prior to July 1 of any school year, the governing board of any school district may designate other days during such year as the holidays to which certificated employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day,” provided that such designated days will provide for at least a three-day weekend. Certificated employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any certificated employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of such holiday and therefore would not be entitled to such day in lieu of the holiday, he or she shall be entitled to the regular holiday. This section shall not be construed to authorize the maintenance of schools on holidays other than as provided in Article 3 (commencing with Section 37220) of Chapter 2 of Part 22. (Added by Stats. 1980, Ch. 1354, Sec. 47.5. Effective September 30, 1980.)
  148. 44990.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. )

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    This section gives an administrative law judge discretion to use alternative hearing procedures in certain dismissal or suspension hearings, but only selectively and with balancing of the respondent’s rights, the minor witness’s protection, and the truth-finding function.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. ) ## 44990. (a) It is the intent of the Legislature in enacting this article to provide an administrative law judge with discretion to employ alternative hearing procedures to protect the rights of a minor witness, the rights of the respondent, and the integrity of the judicial process. In exercising its discretion, the administrative law judge necessarily shall be required to balance the rights of the respondent against the need to protect a minor witness and to preserve the integrity of the truth-finding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. (b) As used in this article, the following definitions apply: (1) “Judge” means the administrative law judge presiding over the dismissal or suspension hearing. (2) “Minor” means any person under 18 years of age. (3) “Representative of the respondent” means either counsel for, or an exclusive labor representative of, the respondent. (4) “Respondent” means the party against whom a petition has been filed. (5) “Support person” means an adult attendant, victim advocate, or other witness who is able, because of education, experience, or familiarity with the minor, to ensure that the minor’s mental health, welfare, and well-being are protected. (c) In accordance with Section 44994, this article shall apply only to proceedings brought pursuant to Section 44934.1. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)
  149. 44991.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. )

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    In certain school-discipline administrative proceedings involving egregious misconduct alleged against a minor, school district counsel may ask for the minor to testify by closed-circuit television, and the judge can order special testimony and deposition procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. ) ## 44991. (a) (1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct under paragraph (1) of subdivision (a) of Section 44932, counsel for a school district may apply for an order that the minor’s testimony be taken in a room outside the hearing room and be televised by two-way closed-circuit television and bears the burden of proving that such an order is justified. The person seeking such an order shall apply for the order at least seven days before the hearing date, unless the judge finds on the record that the need for such an order was not reasonably foreseeable. (2) The judge may order that the testimony of the minor be taken by closed-circuit television as provided in paragraph (1) if the judge finds that the minor is unable to testify in the hearing room in the presence of the respondent for any of the following reasons: (A) The minor is unable to testify because of emotional distress, established by a written statement of the minor, the minor’s parent or guardian, the minor’s support person, or a mental health professional who has evaluated the minor. (B) There is a substantial likelihood, established by expert testimony, that the minor would suffer emotional distress from testifying. (C) According to expert testimony, the minor suffers from a medical condition, mental condition, or other infirmity. (D) The judge finds that conduct of the respondent or the respondent’s representative causes the minor to be unable to continue testifying. (3) The judge shall rule on the application, and support a ruling on the minor’s inability to testify with findings on the record. In determining whether the impact on an individual minor of one or more of the factors described in paragraph (2) is so substantial as to justify an order under paragraph (1), the judge may question the minor in the judge’s office, or at some comfortable place other than the hearing room, on the record for a reasonable period of time in the presence of the minor’s parent or guardian, the minor’s support person, counsel for the school district, and a representative of the respondent. (4) If the judge orders the taking of testimony by television, counsel for the school district and a representative of the respondent, not including a respondent represented pro se, shall be present in a room outside the hearing room with the minor, and the minor shall be subjected to direct and cross-examination. The following are the only other persons who may be permitted in the room with the minor during the minor’s testimony: (A) Any persons necessary to operate the closed-circuit television equipment. (B) The parent or guardian of the minor. (C) Any other persons whose presence is determined by the judge to be necessary to the welfare and well-being of the minor, including, but not necessarily limited to, a judicial officer or support person. (5) In making the determination required by this subdivision, the judge shall consider the age, maturity, and cognitive ability of the minor, compared with other minors of the same age, the relationship between the minor and the respondent, any handicap or disability of the minor, and the nature of the acts alleged to have been committed by the respondent. The minor’s testimony shall be under oath and transmitted by closed-circuit television into the hearing room for viewing and hearing by the respondent, the judge, and any members of the public in attendance. The respondent shall be provided with the means of private, contemporaneous communication with the respondent’s representative during the testimony. The closed-circuit television transmission shall relay into the room in which the minor is testifying the respondent’s image, and the voice of the judge. (b) (1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct under paragraph (1) of subdivision (a) of Section 44932, counsel for the school district may apply for an order that a deposition be taken of the minor’s testimony and that the deposition be recorded and preserved on videotape based upon the same criteria that would allow a minor’s testimony to be taken in a room outside the hearing room and be televised by two-way closed-circuit television, as set forth in paragraph (2) of subdivision (a) of this section. Counsel for the school district shall bear the burden of proving that an order applied for under this paragraph is justified in order to be consistent with subdivision (a) of this section. (2) Upon timely receipt of an application described in paragraph (1), the judge shall make a preliminary finding regarding whether the minor is likely to be unable to testify in the hearing room in the physical presence of the respondent, the judge, and the public for any of the reasons set forth in paragraph (2) of subdivision (a). (3) If the judge finds that the minor is likely to be unable to testify in open hearing for any of the reasons set forth in paragraph (2) of subdivision (a), the judge shall order that the minor’s deposition be taken and preserved by videotape. (4) The judge shall preside at the videotaped deposition of a minor, and shall rule on all questions as if at the hearing. The following are the only other persons who shall be permitted to be present at the videotaped deposition: (A) Counsel for the school district. (B) Representative of the respondent. (C) Any persons necessary to operate the videotape equipment. (D) The respondent, unless the judge excludes the respondent from the hearing room pursuant to paragraph (6). (E) The parent or guardian of the minor. (F) Any support person appointed pursuant to Section 44993 to protect the mental health, welfare, and well-being of the minor. (5) The respondent shall be afforded the rights applicable to respondents during trials, including the right to be confronted with the witness against the respondent and the right to cross-examine the minor. (6) If the preliminary finding of inability under paragraph (2) is based on evidence that the minor is unable to testify in the physical presence of the respondent, the judge may order that the respondent, including a respondent represented pro se, be excluded from the room in which the deposition is conducted. If the judge orders that the respondent be excluded from the deposition room, the judge shall order that two-way closed-circuit television equipment relay the respondent’s image into the room in which the minor is testifying, and the minor’s testimony into the room in which the respondent is viewing the proceeding, and that the respondent be provided with a means of private, contemporaneous communication with the respondent’s representative during the deposition. (7) The complete record of the deposition of the minor, including the image and voices of all persons who in any way participate in the deposition, shall be made and preserved on videotape in addition to being stenographically recorded. The videotape shall be transmitted to the judge’s office, and shall be made available for viewing by counsel for the school district, representative of the respondent, and the respondent during ordinary business hours. (8) If at the time of the hearing, the judge finds that the minor is unavailable or unable to testify in open hearing for a reason described in paragraph (2) of subdivision (a), the judge may admit into evidence the minor’s videotaped deposition in lieu of the minor’s testifying at the hearing. The judge shall support any ruling made pursuant to this paragraph with findings on the record. (9) Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during the hearing, the judge, for good cause shown, may order an additional videotaped deposition. The testimony of the minor shall be restricted to the matters specified by the judge as the basis for granting the order. (10) In connection with the taking of a videotaped deposition under this subdivision, the judge may enter a protective order for the purpose of protecting the privacy of the minor. (Amended by Stats. 2019, Ch. 497, Sec. 56. (AB 991) Effective January 1, 2020.)
  150. 44992.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. )

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    The judge must protect young or cognitively impaired witnesses from harassment and confusing questions, and may limit questions or close the hearing room in limited cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. ) ## 44992. (a) With a witness under 18 years of age, or a dependent person with a substantial cognitive impairment, the judge shall take special care to protect the witness from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The judge shall also take special care to ensure that questions are stated in a form that is appropriate to the age, maturity, or cognitive level of the witness. The judge may, in the interests of justice, on objection by a party, forbid the asking of a question that is in a form that is not reasonably likely to be understood by a person of the age, maturity, or cognitive level of the witness. (b) When a minor testifies, the judge may order the exclusion from the hearing room of all persons, including members of the press, who do not have a direct interest in the case. This order may be made if the judge determines, on the record, that requiring the minor to testify in the open hearing room would cause substantial psychological harm to the minor or would result in the minor’s inability to effectively communicate. Such an order shall be narrowly tailored to serve the specific compelling interest of the school district. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)
  151. 44993.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. )

    Verify source ↗

    This section requires a support person for a minor witness in dismissal or suspension hearings, limits how the respondent may contact the minor, and restricts the support person from prompting the minor during testimony.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. ) ## 44993. (a) (1) A support person selected by the minor witness shall be appointed for the minor witness at the onset of the hearing, unless that person does not have the education, experience, and familiarity with the minor witness to protect the minor’s mental health, welfare, and well-being. A parent or guardian of the minor witness shall be presumed to be qualified to serve as the support person for the minor. (2) If the minor witness does not make a selection, or does not select a person who is able, because of education, experience, or familiarity with the minor, to ensure that the minor’s mental health, welfare, and well-being are protected, or the judge determines that the minor’s parent or guardian is not qualified to serve as the support person for the minor witness, the judge shall select and appoint a support person for the minor. The support person shall be present during all stages of the hearing to provide support to the minor. (b) If the respondent wants to contact the minor witness, the respondent shall contact the support person to coordinate any legal contact, including, but not necessarily limited to, an interview, deposition, or other hearing preparation task. (c) The respondent may not use a private investigator or similar professional to make contact with the minor. (d) The judge, at his or her discretion, may allow the support person to remain in close physical proximity to or in contact with the minor while the minor testifies. A support person shall not provide the minor with an answer to any question directed to the minor during the course of the minor’s testimony or otherwise prompt the minor. (e) A support person appointed by the judge shall assist the minor to express the minor’s views concerning the personal consequences of the minor’s victimization, at a level and in a form of communication commensurate with the minor’s age, maturity, and cognitive ability. (f) Notwithstanding subdivision (a), a support person may, but need not, be assigned to a minor witness if that minor witness was not a direct victim of the alleged egregious misconduct. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)
  152. 44994.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. )

    Verify source ↗

    This article applies to certain dismissal or suspension hearings heard by an administrative law judge when the case involves a minor and alleged egregious misconduct.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] ( Article 3.3 added by Stats. 2018, Ch. 996, Sec. 1. ) ## 44994. This article shall apply to a hearing conducted by an administrative law judge in any dismissal or suspension hearing held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct pursuant to paragraph (1) of subdivision (a) of Section 44932. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)
  153. 45020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Increased Cost of Dismissal Procedure [45020- 45020.] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The amount set under Section 42233(g) must be adjusted to account for increased costs a school district may incur from the changes made to Section 44949.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Increased Cost of Dismissal Procedure [45020- 45020.] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45020. The amount determined pursuant to subdivision (g) of Section 42233 shall be adjusted to allow for any increased costs to a school district which may be incurred by it in carrying out the requirements imposed by the amendments made to Section 44949 by the act enacting this section. (Enacted by Stats. 1976, Ch. 1010.)
  154. 45022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board must set and pay the compensation of qualifying school service employees, unless another law says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45022. The governing board of any school district shall fix and order paid the compensation of persons in public school service requiring certification qualifications employed by the board unless otherwise prescribed by law. (Enacted by Stats. 1976, Ch. 1010.)
  155. 45023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each school district’s governing board must adopt a salary schedule and make it available in print to each certificated employee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45023. The governing board of each school district shall adopt and cause to be printed and made available to each certificated employee a schedule of salaries to be paid. (Enacted by Stats. 1976, Ch. 1010.)
  156. 45023.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district pays certificated employees for extra work outside the contracted instructional day, it must give like pay to certificated employees doing like work with comparable responsibilities, and it may not pay comparable extra work differently based on sex.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45023.5. If compensation is provided to certificated employees of any elementary, high, or unified school district for a work assignment which is not part of the contracted instructional day duties, like compensation, whether paid on an hourly or monthly basis, or on a flat rate basis or otherwise, shall be paid to all certificated employees of the district who perform like work with comparable responsibilities. Under no condition shall certificated employees who are working comparable hours and responsibilities beyond the instructional day be paid differently based on the employee’s sex. Nothing in this section shall be construed as prohibiting a school district from establishing a salary schedule based on experience for persons who are employed for such work. Nothing in this section shall be construed as requiring a district to compensate certificated employees for work assignments which are not part of the contracted instructional day duties simply because other employees of the district receive compensation for work assignments which involve different types of service. (Amended by Stats. 1977, Ch. 36.)
  157. 45024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certificated day-school employees meeting the minimum schoolday requirement are treated as full-time employees, and governing boards may require longer daily service for full-time pay if the same requirement is applied consistently and the extra duties stay within the normal assignment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45024. Every person employed by the district in a position requiring certification qualifications in a day school of the district for not less than the minimum schoolday for each day the schools of the district are maintained during the school year is a full-time employee and his compensation shall be fixed accordingly. Governing boards may require persons employed in positions requiring certification qualifications to serve a longer period time in each schoolday than the minimums defined in Sections 46112 to 46116, inclusive, and 46141, in order to be compensated as full-time employees, provided all such employees in similar grades or levels are similarly required to serve such longer periods of time, and provided that the duties required of such persons during such extended time shall be directly related to and restricted to their normal assignment. With respect to a unified school district, for the purposes of this section all day kindergarten and elementary schools of the unified school district shall be deemed to be maintained by one district and all day high schools of the unified school district shall be deemed to be maintained by a second and separate district. (Enacted by Stats. 1976, Ch. 1010.)
  158. 45025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying district employee who works less than the minimum schoolday may contract to work part-time, and governing boards must pay part-time employees proportionally to full-time employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45025. Any person employed by a district in a position requiring certification qualifications who serves less than the minimum schoolday as defined in Sections 46112 to 46116, inclusive, or 46141 may specifically contract to serve as a part-time employee. In fixing the compensation of part-time employees, governing boards shall provide an amount which bears the same ratio to the amount provided full-time employees as the time actually served by such part-time employees bears to the time actually served by full-time employees of the same grade or assignment. This section shall not apply to any person classified as a temporary employee under Sections 44919 and 44888, or any person employed as a part-time employee above and beyond his employment as a full-time employee in the same school district. (Enacted by Stats. 1976, Ch. 1010.)
  159. 45028.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must place certificated employees on the salary schedule using training and experience, with stated exceptions, and may not base pay or classification solely on grade level.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45028. (a) (1) Effective July 1, 1970, each person employed by a school district in a position requiring certification qualifications, except a person employed in a position requiring administrative or supervisory credentials, shall be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience, except if a public school employer and the exclusive representative negotiate and mutually agree to a salary schedule based on criteria other than a uniform allowance for years of training and years of experience pursuant to Chapter 10.7 (commencing with Section 3540) of the Government Code. Employees shall not be placed in different classifications on the schedule, nor paid different salaries, solely on the basis of the respective grade levels in which such employees serve. (2) In no case shall the governing board of a school district draw orders for the salary of any teacher in violation of this section, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof. (3) This section shall not apply to teachers of special day and evening classes in elementary schools, teachers of special classes for elementary pupils, teachers of special day and evening high school classes and substitute teachers. (b) (1) It is not a violation of the uniformity requirement of this section for a school district, with the agreement of the exclusive representative of certificated employees, if any, to grant any employee hired after a locally specified date differential credit for prior years of experience or prior units of credit for purposes of initial placement on the salary schedule of the district. (2) This subdivision is declaratory of existing law. (c) A public school employer and the exclusive representative of credentialed teachers may jointly apply to the Superintendent for technical assistance and planning grant funding to facilitate the planning of a salary schedule for teachers based on criteria in addition to years of training and years of experience, as described in subdivision (a). The Superintendent may make planning grants from funds appropriated for this purpose in the annual Budget Act or other legislation. (d) To be eligible for grant funding pursuant to subdivision (c), the public school employer and the exclusive representative of credentialed teachers should consider a salary schedule designed to compensate teachers for the additional responsibilities, time, and effort required to serve in challenging school settings, and reward teachers for professional growth tied to their particular assignments. (e) Public school employers and exclusive representatives of credentialed teachers are encouraged to recognize teacher contributions to improving pupil achievement, provide incentives to teachers to accept teaching assignments in areas of highest need, and recognize relevant professional experience on the salary schedule in lieu of units and degrees or in lieu of teaching experience. (Amended by Stats. 2006, Ch. 517, Sec. 29. Effective January 1, 2007.)
  160. 45029.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Teachers in opportunity schools or opportunity classes must be paid the same way as teachers in other elementary schools in the same city, city and county, or school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45029. Teachers in an opportunity school or opportunity classes shall be paid in the same manner as in other elementary schools of the city, city and county, or the school district in which the opportunity school or opportunity classes are situated. (Enacted by Stats. 1976, Ch. 1010.)
  161. 45030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may hire substitute employees as needed and must publish a salary schedule for their daily or pay-period pay rates.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45030. The governing board of any school district may employ such substitute employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for substitute employees. This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district. (Enacted by Stats. 1976, Ch. 1010.)
  162. 45031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Home teachers’ salaries must be paid from the city or district special school funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45031. The salaries of home teachers shall be paid from the city or district special school funds. (Enacted by Stats. 1976, Ch. 1010.)
  163. 45032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board may increase the salaries of certificated employees during any school year and choose when the increase takes effect.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45032. The governing board of a school district may at any time during any school year increase the salaries of persons employed by the district in positions requiring certification qualifications, such increase to be effective on any date ordered by the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  164. 45033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must not reduce a certificated employee’s annual salary because the employee did not complete extra educational or related study requirements set by the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45033. The governing board of any school district shall not decrease the annual salary of a person employed by the district in a position requiring certification qualifications for failure to meet any requirement of the district that such person complete additional educational units, course of study, or work in any college or university or any equivalent thereof. (Enacted by Stats. 1976, Ch. 1010.)
  165. 45034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A warrant may not be drawn for a certificated position unless the person has a proper, current certification document on file or registered as required and is employed by the specified school-district or county-superintendent authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45034. No order for a warrant, and no warrant drawn pursuant to Section 42647, shall be drawn in favor of any person employed in a position requiring certification qualifications, unless such person is at the time the holder of a proper certification document in full force for the full time for which the requisition or warrant, as the case may be, is drawn, and on file or registered as required by law at the time and unless he is employed by the governing board of the unified school district, or district with over 10,000 average daily attendance or by the county superintendent of schools as provided in this code. (Enacted by Stats. 1976, Ch. 1010.)
  166. 45035.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district does not pay a qualifying employee’s salary, the county superintendent of schools may move district funds to the county school service fund and pay the salary from that fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45035. If any school district fails to pay the salary of any person employed by it in a position requiring certification qualifications who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, such county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay such salary from such fund. (Enacted by Stats. 1976, Ch. 1010.)
  167. 45036.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may approve service performed without a valid credential only if it finds the person had the required qualifications and had received the required credential before the commission’s review and action.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45036. (a) Whenever, on or after September 15, 1961, a person has rendered service in a position requiring certification qualifications, or the governing board of a school district has employed a person in a position requiring certification qualifications, or the county superintendent of schools has drawn an order for a warrant in favor of a person in a position requiring certification qualifications, for a period of service during which the person did not have a valid credential required for that position in force as required by law, and when as a result of that the employment of the person to render that service, the rendering of that service, the inclusion of the attendance of pupils taught by the person in the average daily attendance of the school district, or the drawing of the order warrant for the service of that person, is in violation of Section 46300, 44830, 45034, or any other provision of this code, that 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 commission approves the rendering of the service in accordance with this section. (b) The commission shall adopt rules and regulations to establish procedures for a review in these cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the commission gives its approval to the rendering of the 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. (c) The commission shall not approve of the rendering of the service unless it determines that the person rendering the service had, in fact, the necessary qualifications, during the period of service in question, for the credential required by law for the position in which the service was rendered, and unless a valid credential required for the position has been issued to the person before the review and action by the commission. (Amended by Stats. 2024, Ch. 471, Sec. 23. (SB 1329) Effective January 1, 2025.)
  168. 45037.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and county offices of education can be penalized if they employ a teacher in kindergarten through grade 12 who lacks a valid certification document.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45037. (a) Except as provided in Section 45036, for the fiscal year 2001-02 and for any fiscal year thereafter in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid certification document, the school district or county office of education in which the person is employed shall be assessed a penalty that shall be calculated as provided in subdivision (b) and withheld from state funding otherwise due to the district or county office of education. (1) Notwithstanding Section 46300, the attendance of the noncertificated person’s pupils during the period of service shall be included in the computation of average daily attendance. (2) The noncertificated person’s period of service shall not be excluded from the determination of eligibility for instruction time pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26. (b) (1) For each person who rendered service in the employment of the district or county office of education as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, add the total number of schooldays on which the person rendered any amount of the service. (2) For each person who rendered service in the employment of the district or county office of education as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, for a period of service during which the person did not have a valid certification document, add the number of schooldays on which the person rendered any amount of the service without a valid certification document. (3) Divide the number determined in paragraph (2) by the number determined in paragraph (1) and carry the result to four decimal places. (4) Multiply a school district’s local control funding formula grant apportionment for the fiscal year, calculated pursuant to Section 42238.02, as implemented by Section 42238.03, or a county office of education’s local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the fiscal year, for the program in which the noncertificated person rendered service by the number determined in paragraph (3). (c) Beginning in 2002–03, if a county office of education releases a warrant in favor of a person for whom a period of school district service is included in the calculation set forth in paragraph (2) of subdivision (b), and the warrant is either compensation for employment as a teacher or for employment in some other capacity if the county office of education has direct knowledge or is in possession of information giving rise to a reasonable inference that the person is rendering service as a teacher, the county office shall be assessed a penalty. The penalty assessed to a county office for any fiscal year in which one or more district teachers did not have a valid certification document shall be equal to the lesser of three amounts as follows: (1) Fifty percent of all penalties assessed for that fiscal year to all school districts in the county office’s jurisdiction pursuant to subdivision (b). (2) One-half percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s county school service fund, when two or fewer districts in the county office’s jurisdiction are subject to penalties pursuant to subdivision (b). (3) One percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s county school service fund, when three or more districts in the county office’s jurisdiction are subject to penalties pursuant to subdivision (b). (d) Except as provided in Section 41344.1, nothing in this section may be waived in whole or in part. (Amended by Stats. 2015, Ch. 19, Sec. 92. (SB 78) Effective June 24, 2015.)
  169. 45038.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district or charter school board may choose alternative salary payment schedules for certificated employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45038. (a) The governing board of a school district or charter school may arrange to pay the persons in positions requiring certification qualifications employed by it, or any one or more of those employees or one or more groups or categories of those employees, in either 10, 11, or 12 equal payments instead of by the school month. (b) In lieu of the arrangement in subdivision (a), orders for the payment of salary, and payroll orders for the payment of salary and warrants for the payment of salary of employees employed in positions requiring certification qualifications may be drawn once each two weeks, twice a month, or once each four weeks as determined by the governing board. (Amended by Stats. 2007, Ch. 524, Sec. 1. Effective October 12, 2007.)
  170. 45039.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district or charter school governing board may pay employees in equal monthly installments at the end of each calendar month if it uses a 12-payment annual schedule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45039. If the governing board of a school district or charter school arranges to pay persons employed by it in 12 equal payments for the year, it may pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during the month. (Amended by Stats. 2007, Ch. 524, Sec. 2. Effective October 12, 2007.)
  171. 45040.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district or charter school board may withhold 16 2/3% from each salary payment if it does not pay annual salaries in 12 equal monthly payments, then must pay the withheld amount back in two equal installments by August 5 and September 5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45040. (a) The governing board of a school district or charter school not paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each payment made to each employee an amount equal to 162/3 percent thereof. (b) The total of the amounts deducted from the salary of an employee during a school year shall be paid to him or her in two equal installments, one installment to be paid not later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding. (c) If an employee leaves the service of the district or charter school by death or otherwise before receiving the moneys that may be due him or her, the amount due him or her shall be paid within 30 days to him or her or to any other person entitled to those moneys by law. (Amended by Stats. 2007, Ch. 524, Sec. 3. Effective October 12, 2007.)
  172. 45041.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certificated employees who work less than a full school year are paid a prorated salary, and those who complete a semester must get at least half of the annual salary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45041. A person in a position requiring certification qualifications who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in a position requiring certification qualifications who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law. In the event any such person dies during the school year, his estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his death. (Enacted by Stats. 1976, Ch. 1010.)
  173. 45042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may use an alternative salary calculation for certain certificated employees who work less than a full school year, subject to stated limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45042. Notwithstanding the provisions of Section 45041, the governing board of a school district may adopt an alternative method of computing the salary received by a person requiring certification qualifications who serves less than a full school year. Such method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed. For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees. Such alternative method shall only be applied upon authorization by the school board based upon individual employee application and shall be limited to no more than five days per school year for each employee. (Enacted by Stats. 1976, Ch. 1010.)
  174. 45043.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district must pay certain certificated employees at least half of the annual compensation for the position when they are hired at the start of the second semester to work during that semester.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45043. Notwithstanding the provisions of Section 45041 or any other provision of law to the contrary, if a person is employed by a school district in a position requiring certification qualifications at the beginning of the second semester of a school year for services during that semester, the compensation of such employee shall be not less than one-half of the annual compensation for that position. (Enacted by Stats. 1976, Ch. 1010.)
  175. 45044.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a school district adopts a salary schedule that raises certificated employees’ pay starting in the second semester, first-semester pay may not exceed half of the old annual salary and second-semester pay may not be less than half of the new annual salary.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45044. Whenever a salary schedule increasing the salaries of its certificated employees is adopted by a school district to be effective at the commencement of the second semester of a school year: (a) The compensation of such employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester. (b) The compensation of such employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester. This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective. (Enacted by Stats. 1976, Ch. 1010.)
  176. 45045.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must adjust certain extended-school-year salaries, and they may not require a full-time probationary or permanent classroom teacher in a continuous school program to teach beyond the stated limits without written consent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45045. When a school district operates on a year-round schedule pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, the salary of an employee who is employed for the extended school year and who previously had been assigned to a 9- or 10-month teaching position in the same district shall be adjusted in accordance with the ratio of the extension in the number of days expected to be taught by said employee to the number of days expected to be taught by employees in the district in the school year prior to the commencement of year-round operation. A full-time probationary or permanent classroom teacher currently employed by a school district which converts to a continuous school program shall not, without his written consent, be required to teach under such program more than 180 days during a school year, or more than the number of days the schools of the district were maintained during the year preceding implementation of the continuous school program, whichever is the greater. This section shall not be construed as limiting the power of school district governing boards to govern the schools of the district, including the assignment of teachers employed by the district. (Enacted by Stats. 1976, Ch. 1010.)
  177. 45046.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may adjust salaries for certificated employees in a qualifying continuous school program so their total annual pay stays the same as if they were not in the program.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45046. Except as otherwise provided in Section 45045, the governing board of a school district in which a continuous school program is in operation pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, but in fewer than all of the schools in the district or with fewer than all of the certificated employees participating therein, and in which revised salary schedules become effective on a date other than July 1, may adjust the salaries of certificated employees participating in the continuous school program so that the total amount payable to each such employee in a school year does not differ from the salary which would be payable to him over such a period if he were not participating in the program. (Enacted by Stats. 1976, Ch. 1010.)
  178. 45047.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A certificated district employee serving on a commission on professional competence is not treated as being off the job for Section 45041, and related substitute pay may not be deducted from the employee’s salary under Section 45042.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45047. Service on a commission on professional competence pursuant to Section 44944, in the employing school district or in some other district, by a person employed by a district in a position requiring certification qualifications shall not be considered time off job with respect to Section 45041. Neither the amount paid to a substitute required to be hired to replace such a person serving on a commission on professional competence pursuant to Section 44945 in the employing school district or in some other district nor the amount which would have been paid to a substitute had a substitute been employed, shall be deducted from the person’s salary pursuant to Section 45042. (Enacted by Stats. 1976, Ch. 1010.)
  179. 45048.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must pay certificated employees on the section’s deadline, and late payments trigger interest.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45048. (a) Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that teachers employed for less than full time in classes for adults, in a day or evening high school, or in a special day or evening class maintained in connection with an elementary school shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month. (b) If the school district provides for the payment of the salary of employees employed in positions requiring certification qualifications once each two weeks, twice a month, or once each four weeks, pursuant to Section 45038, each salary payment may be made on the last working day of the regular payroll period and shall be made not earlier than the last working day of the regular payroll period and not later than the eighth working day of the following regular payroll period. (c) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay. (d) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever period is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase. (e) The amount of interest required by subdivisions (c) and (d) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code. (f) This section shall not prohibit a school district from making a payment of earned salary before the last working day of the month or regular payroll period. (Amended by Stats. 1999, Ch. 287, Sec. 1. Effective January 1, 2000.)
  180. 45049.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must pay certificated employees for extra teaching or summer school work on the required schedule, and late payments require interest.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45049. (a) When any school district employs a certificated employee to perform teaching or other services in addition to his or her regular teaching duties, or when a school district employs a certificated employee to perform teaching or other services at a summer school maintained by the district, the district shall pay the employee for the services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or regular pay period during which the services are performed. (b) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay. (c) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase. (d) The amount of interest required by subdivisions (b) and (c) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code. (Amended by Stats. 1999, Ch. 287, Sec. 2. Effective January 1, 2000.)
  181. 45050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district may use one payroll warrant to pay two or more employees instead of issuing a separate warrant to each employee for salary or wages.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45050. Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant. (Enacted by Stats. 1976, Ch. 1010.)
  182. 45051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a payroll form of warrant is used, the approved warrant must be deposited with the county treasurer, and the treasurer must pay the employee or the employee’s order.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45051. When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order. (Enacted by Stats. 1976, Ch. 1010.)
  183. 45052.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a payroll form of warrant is used, each employee’s name must be listed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45052. When the payroll form of warrant is used the name of each employee shall be listed. (Enacted by Stats. 1976, Ch. 1010.)
  184. 45055.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A warrant may not be drawn for a teacher unless the responsible officer is satisfied the teacher has faithfully performed the required duties, unless another provision in the code says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45055. Except as otherwise provided in this code, no warrant shall be drawn in favor of any teacher, unless the officer whose duty it is to draw the warrant is satisfied that the teacher has faithfully performed all the duties prescribed. (Enacted by Stats. 1976, Ch. 1010.)
  185. 45056.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a person works for two or more districts under one county superintendent, the districts’ boards may authorize that superintendent in writing to handle salary payments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45056. Whenever a person is employed by two or more districts under the jurisdiction of a single county superintendent of schools, the governing boards of the districts may authorize, in writing, the county superintendent of schools to act as their agent in the payment of the salaries due such person from the districts. If such authorization is given, the county superintendent of schools may draw a warrant on the county school service fund in payment of the total salaries due such person and shall immediately draw requisitions in favor of the county school service fund against the proper funds of each district for the amount paid by him to such person on account of such district. (Enacted by Stats. 1976, Ch. 1010.)
  186. 45057.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county superintendent of schools may not approve a certificated employee’s final-month salary payment until the employee has filed all required reports.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45057. The salary payment due a certificated employee for his last month of service in any district during any fiscal year shall not be approved by the county superintendent of schools until all reports required from the employee have been filed with the superintendent. Such payment shall be made within 10 calendar days after the filing of all such reports if after the regular payday or the last month of service. (Amended by Stats. 1977, Ch. 36.)
  187. 45058.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If required reports have not been filed, the county superintendent of schools may order the district to withhold the certificated employee’s salary payment, and the payment must not be released until the superintendent gives written direction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45058. Whenever reports are required to be filed with the county superintendent of schools by certificated employees of districts authorized to issue warrants under the provision of Section 42647 and such reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the certificated employee involved. Said payment should not be released to the certificated employee until directed in writing by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.)
  188. 45059.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets the salary basis for a school district employee who is absent for ordered military or naval duty.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45059. For the purposes of Military and Veterans Code Section 395 or any other provision of law providing for the payment of salary or compensation as such employee to an employee of a school district while absent from duty because engaged in ordered military or naval duty, his salary or compensation as such employee for 30 days shall (a) with respect to an employee serving in a position requiring certification qualifications be deemed to be one-tenth of the annual salary established for such position and (b) with respect to an employee serving in a position not requiring certification qualifications be deemed to be one month’s salary. (Enacted by Stats. 1976, Ch. 1010.)
  189. 45060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Public school employer governing boards must honor employee payroll deduction authorizations for certificated employees, send deducted amounts to the designated organization on time, and handle related changes and revocations as stated here.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45060. (a) Except as provided in Section 45061, the governing board of each public school employer, when drawing an order for the salary payment due to a certificated employee of the employer, shall reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the public school employer, and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for certificated employees, draw its order upon the funds of the employer in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for certificated employees. When timely transmittal of dues or other payments by a county is necessary for a public school employer to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction. (c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees. (d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization. (e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information. (f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification. (Amended by Stats. 2018, Ch. 53, Sec. 1. (SB 866) Effective June 27, 2018.)
  190. 45061.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district boards must reduce certain certificated employees’ salary or wage orders for service-fee payments, unless employees choose to pay the fees directly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45061. The governing board of each school district when drawing an order for the salary or wage payment due to a certificated employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having such service fees deducted from the salary or wage order. If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs. (Added by Stats. 1982, Ch. 1148, Sec. 2.)
  191. 45061.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must send deducted dues or similar fees to the employee organization within 15 days, and waiver requests for this section are barred.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Salaries [45022 - 45061.5] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45061.5. (a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a certificated employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs. (c) A school district or county office of education may not request, and the State Board of Education may not grant, a waiver of compliance with this section. (Added by Stats. 2003, Ch. 344, Sec. 1. Effective January 1, 2004.)
  192. 45100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section says specified Education Code provisions apply to classified employees of school districts and certain related employees, with some exceptions and board authority to extend or exempt coverage in limited cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45100. Article 2 (commencing with Section 10340) of Chapter 4 of Part 7, Articles 1 to 5, inclusive (commencing with Section 45100), Article 7 (commencing with Section 45340), and the applicable provisions of Sections 44047, 44048, Article 1 (commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 1 (commencing with Section 44000) shall apply to all classified employees of a school district, including those authorized in Sections 35025, 35041, and 35045, whether a merit or nonmerit system district as authorized by this chapter unless the section specifically limits its application to nonmerit system districts. These provisions shall also apply to all persons who are part of the classified service who are employed by the county superintendent of schools, or any division thereof, and whose salaries are paid out of the county school service fund regardless of the origin of the fund moneys, and to all persons employed by any entity, including a regional occupational center or program, created or established by any two or more school districts pursuant to statute, including Chapter 14 (commencing with Section 7450) of Division 6, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon such districts. These provisions shall not apply to employees of a school district lying wholly within a city and county which provides in its charter for a merit system of employment for employees employed in positions not requiring certification qualifications except that, commencing July 1, 1992, the governing board of that district may adopt a resolution to make these provisions applicable to persons employed as paraprofessionals as defined in Section 44671.5, who have not attained permanent status under the merit system as of that date. The positions authorized in Sections 35025, 35041, and 35045 may, by resolution of a governing board, be exempted from the provisions of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1991, Ch. 287, Sec. 1.)
  193. 45100.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may designate certain classified positions as senior management, and those employees keep classified-service status with most rights and burdens, except permanent-status rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45100.5. (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service. Notwithstanding the provisions of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the decision of the governing board shall not be deemed a matter subject to negotiation, but shall be subject to review by the Public Employment Relations Board. (b) Employees whose positions are designated as senior management of the classified service shall be a part of the classified service and shall be afforded all rights, benefits, and burdens of other classified employees, except that they shall be exempt from all provisions relating to obtaining permanent status in a senior management position. (c) Notice of reassignment or dismissal from a position in the senior management of the classified service shall be provided in accordance with the provisions of Section 35031. (Added by Stats. 1983, Ch. 498, Sec. 70. Effective July 28, 1983.)
  194. 45101.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section defines several terms used in the chapter, including classification, permanent employee, regular classified employee, demotion, disciplinary action, reclassification, layoff, and cause.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45101. Definitions as used in this chapter: (a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. (b) “Permanent” as used in the phrase “permanent employee” includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. (c) “Regular” as used in the phrase “regular classified employee” or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) “Demotion” means assignment to an inferior position or status, without the employee’s written voluntary consent. (e) “Disciplinary action” includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. (f) “Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. (g) “Layoff for lack of funds or layoff for lack of work” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) “Cause” relating to disciplinary actions against classified employees means those grounds for discipline, or offenses, enumerated in the law or the written rules of a public school employer. No disciplinary action may be maintained for any “cause” other than as defined herein. The provisions of this section shall not apply to school districts to which the provisions of Article 6 (commencing with Section 45240) of this chapter are applicable. The provisions of this section shall not apply to any school district which, during the 1973–74 school year, had an average daily attendance of 100,000 or more. (Enacted by Stats. 1976, Ch. 1010.)
  195. 45102.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts must pay and notify classified employees properly for extra assignments, and cannot require certain employees to work during the June-to-September break.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45102. (a) For the purposes of this section every classified employee shall be deemed to be employed for 12 months during each school year regardless of the number of months in which he or she is normally in paid status. (b) If, during a school year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a school district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the school year, unless the school district has negotiated a contract that allows for a lesser pay scale. A school district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A school district that, in any school year, maintains school sessions at times other than during the regular September–June academic year shall assign for service during those times regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, that assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A school district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year in June to the beginning of the next academic year in September to perform services during that period. (2) A classified employee shall, for services performed as provided in this subdivision, receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2003, Ch. 280, Sec. 1. Effective January 1, 2004.)
  196. 45103.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district’s governing board must hire people for noncertificated positions, classify those jobs as classified service, and follow special limits for substitute, short-term, and student workers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service. (b) (1) Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service. (2) Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. (3) Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and that is financed by state or federal funds, shall not be a part of the classified service. (c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section. (d) As used in this section: (1) “Substitute employee” means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board of the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. (2) “Short-term employee” means a person who is employed to perform a service for the school district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a school district, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year. (3) “Seventy-five percent of a school year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day. (e) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services. (f) This section shall apply only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (Amended by Stats. 2017, Ch. 582, Sec. 1. (AB 670) Effective January 1, 2018.)
  197. 45103.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts may use personal services contracting for classified-employee work if specified cost-savings and other conditions are met, and the section also allows contracting in several listed situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45103.1. (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that: (A) In comparing costs, there shall be included the school district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the school district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut school district pay rates. (3) The contract does not cause the displacement of school district employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the school district from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the school district. (b) Notwithstanding any other provision of this chapter, personal services contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee shall be determined by the district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed. (7) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the district’s regular or ordinary hiring process would frustrate their very purpose. (c) This section shall apply to all school districts, including districts that have adopted the merit system. (d) This section shall apply to personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. (Amended by Stats. 2010, Ch. 328, Sec. 43. (SB 1330) Effective January 1, 2011.)
  198. 45103.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts may contract for food service management consulting services for up to one year, but the contract cannot eliminate classified food service staff, harm their pay or benefits, or place them under the consultant’s supervision.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45103.5. All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 39902, 45103, 45104, and 45256, any school district may enter into a contract for management consulting services relating to food service for a term not to exceed one year. Any renewal of that contract, or further requests for proposals to provide food service management consulting services, shall be considered on a year-to-year basis. A contract for food service management consulting services shall not cause or result in the elimination of any food service classified personnel or position. A contract for food service management consulting services shall not cause or result in any adverse effect upon any food service classified personnel or position with respect to wages, benefits, or other terms and conditions of employment. (b) A contract made pursuant to subdivision (a) shall not provide for or result in the supervision of food service classified personnel by the food service management consultant. This section shall not be construed to prevent an entity providing food service management consulting services from interacting or consulting with the food service manager or director, supervisors, or food service classified employees of a school district on matters relating to food services except those prohibited by subdivision (a). (c) Sections 45122, 45123, 45124, 45125, 45125.5, and 45126, and any other health criteria established by the school district, are applicable to all persons providing food service management consulting services under this section. (d) This section shall apply to all school districts, including districts that have adopted the merit system. (Added by Stats. 1992, Ch. 826 [Sec. 1]. Effective January 1, 1993.)
  199. 45104.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Positions that are not certification-based and are not exempt must be classified as part of the classified service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45104. Every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service according to the provisions of Section 45103 or 45256 shall be classified as required by those sections and shall be a part of the classified service. Such positions may not be designated as certificated nor shall the assignment of a title to any such a position remove the position from the classified service, nor shall possession of a certification document be made a requirement for employment in any such position. Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  200. 45104.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may abolish senior management positions in the classified service, and affected employees have placement rights in the classified or certificated service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45104.5. The governing board of a school district may adopt a resolution abolishing any or all positions of the senior management of the classified service. An employee occupying a senior management position abolished by the action shall become a member of the classified or certificated service in a position to which he or she would otherwise be entitled if the employee had not been a member of the senior management of the classified service. If the employee in the senior management of the classified service had been a member of the regular classified or certificated service, he or she shall be entitled to a position which is the same as, or similar to, the position to which he or she holds rights outside of the senior management of the classified service. (Added by Stats. 1983, Ch. 498, Sec. 71. Effective July 28, 1983.)

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