Teacher Tenure 2014 - State Profile

Teacher Tenure 2014 - State Profile - California

May 2014

R = Teacher must return to begin the next school year or sign a contract committing to service in the next school year. Unless otherwise noted, all years listed as required for nonprobationary status are academic years.

Teacher Tenure 2014
Requirements for earning nonprobationary status 2 + R
for employees whose probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter
Notification of nonrenewal and hearing Notice: March 15

Hearing: Commission on Professional Competence, at teacher’s request. The Commission on Professional Competence consists of one member selected by the employee, one member selected by the governing board (both of whom must be certified teachers with 5 years experience) and an administrative law judge.
Appeal forum Superior Court
Other continuing contract provisions Variations for districts with fewer than 250 pupils in average daily attendance (ADA) and over 60,000 pupils in ADA. 
Reasons for dismissal 1.  Immoral or unprofessional conduct
2.  Criminal syndicalism
3.  Dishonesty
4.  Unsatisfactory performance
5.  Evident unfitness for service
6.  Physical or mental condition unfitting him/her to instruct or associate with children
7.  Persistent violation of or refusal to obey school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board of education or by the governing board of the school district employing him or her.
8.  Conviction of a felony or any crime involving moral turpitude
9.  Advocating or teaching communism with intent to indoctrinate
10. Advocating overthrow of the government
11. Knowing membership by the employee in the Communist Party (although this provision has not been challenged in court, it is probably unconstitutional and thus, unenforceable)
12. Alcoholism or drug abuse that makes the employee unfit to instruct or associate with students
Reduction in force provisions Based primarily on seniority.

A school district governing board many terminate the services of certificated employees if: (1) the average daily attendance of all of the schools in the district declines below the corresponding period of either of the previous two school years; (2) 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; (3) a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year; or (4) the amendment of state law requires the modification of curriculum; and (5) when in the opinion of the board it has become necessary by reason of any of these conditions to decrease the number of permanent employees in the district. The 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.

The services of a permanent employee cannot be terminated while any probationary employee, or any other employee with less seniority, is retained to render a service that the permanent employee is certificated and competent to render. If there are employees who first rendered paid service to the district on the same date, the board must determine the order of termination based solely on the needs of the district and students. An employee who is ordered terminated may request a statement of the specific criteria used to determine the order of termination. The board must furnish the statement in writing no later than five days prior to the hearing.

Notice of termination must be given before May 15, and employees must be terminated in the inverse of the order in which they were employed. A 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; or (2) to maintain or achieve compliance with constitutional requirements related to equal protection of the laws.
Last known revision 2006

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