Not an official District document; independently assembled by David Weekly. May contain errors. Questions? Contact us.
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4116 AR Administrative Regulation

Probationary/Permanent Status

Eligibility for Permanent Status A probationary employee who, in any one school year, has served for at least 75 percent of the number of days maintained by regular district schools shall be deemed to have served a complete school year. (Education Code 44908) The following shall not be included for purposes of computing the service required as a prerequisite to classification as a permanent employee: - Service as an instructor in classes conducted at regional occupational centers or programs (Education Code 44910) - Service under a provisional credential other than a one-year emergency credential (Education Code 44911) - Service only as a teacher of basic military drill in high school cadet companies (Education Code 44912) - Employment in summer school (Education Code 44913) Interns A person employed as a district or university intern shall be classified as a probationary employee. Following completion of the internship, if reelected by the district to serve in a position requiring certification qualifications for the next succeeding school year, the employee shall continue to be classified as a probationary employee during that year. (Education Code 44466, 44885.5) An employee who has completed an internship and at least one complete school year in a position requiring certification qualifications within the district shall be granted permanent status when the employee is reelected for the next succeeding school year to a position requiring certification qualifications. (Education Code 44466, 44885.5)

Legal & Management References

State
Ed. Code 44466 - Status of university interns
Ed. Code 44850.1 - No tenure in administrative or supervisory position
Ed. Code 44885.5 - District interns classified as probationary employees
Ed. Code 44908 - Complete year for probationary employees
Ed. Code 44910-44913 - Service not computed in eligibility for permanent status
Ed. Code 44915 - Classification of probationary employees
Ed. Code 44917-44921 - Status of substitute or temporary employes
Ed. Code 44929.20 - Continuing contracts (not to exceed four years - ADA under 250)
Ed. Code 44929.21 - Notice of reelection decision; districts with 250 ADA or more
Ed. Code 44929.23 - Districts with less than 250 ADA
Ed. Code 44929.28 - Employment by another district
Ed. Code 44930-44988 - Resignations, dismissals and leaves of absence
Ed. Code 44948.2 - Election to use provisions of Section 44948.3
Ed. Code 44948.3 - Dismissal of probationary employees
Ed. Code 44948.5 - Nonreelection procedures; districts under 250 ADA
Ed. Code 44949 - Dismissal of probationary employees
Ed. Code 44955 - Reduction in number of permanent employees
Management Resources
Court Decision - Sullivan v. Centinela Valley Union High School District (2011) 194 Cal. App. 4th 69
Court Decision - Bakersfield Elementary Teachers Assn. v. Bakersfield City School District (2006) 145 Cal. App. 4th 1260, 1280
Court Decision - California Teachers Assn. v. Vallejo City Unified School District (2007) 149 Cal. App. 4th 135, 146
Court Decision - Grace v. Beaumont Unified School District (2013) 216 Cal. App. 4th 1325
Court Decision - Hoschler v. Sacramento City Unified School District (2007) 149 Cal. App. 4th 258
Website - CSBA District and County Office of Education Legal Services

Cross References