4116
BP
Board Policy
Probationary/Permanent Status
The Board of Education desires to employ and retain highly qualified certificated personnel to implement the district's educational program. Newly hired certificated personnel shall serve a probationary period during which the Board shall determine their suitability for long-term district employment.
Certificated employees who satisfactorily complete the probationary period shall be granted permanent status.
Permanent Status
Granting of permanent status shall be based on completion of the probationary period in accordance with applicable law. Employees granted permanent status acquire specific rights under the Education Code, including those relating to discipline and dismissal. (Education Code 44932-44988)
A probationary employee who has been employed by the district in position(s) requiring certification for two complete consecutive school years and is then reelected for the next succeeding school year shall become a permanent employee at the beginning of the third year. (Education Code 44929.21, 44929.23)
During the probationary period, employees shall receive professional development and assistance which may consist of inservice training and/or meetings with the employee's evaluator to discuss areas of strength and areas requiring improvement. Inservice training may be provided during school hours as part of a comprehensive staff development program.
The performance of each probationary employee shall be evaluated and assessed at least once every school year.
Dismissal/Nonreelection of Probationary Employees
During the school year, a probationary employee may be suspended or dismissed only for cause and in accordance with district procedures. (Education Code 44948.3)
With proper notice, the Board may, without cause, elect not to reemploy a probationary employee for the subsequent year. (Education Code 44929.21, 44929.23)
The Superintendent or designee shall annually provide the Board with recommendations regarding the reelection or nonreelection of probationary certificated personnel for the ensuing school year.
At any time during a probationary employee's first year of employment in the district, the Board may give written notice to the employee of the Board's decision not to reelect the employee for a second school year. If the Board does not give written notice, the employee shall be deemed reelected for the next succeeding school year.
During the final year of the probationary period, the Board may decide not to reelect the employee for the following year, and shall so notify the employee in writing on or before March 15. If the Board does not give written notice on or before March 15, the employee shall be deemed reelected for the next succeeding school year. (Education Code 44929.21, 44948.5)
Such notices shall be delivered through personal service upon the employee, certified mail with return receipt, email, or another method which documents actual receipt of the notice by the employee.
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
0420.4 AR Charter School Authorization
4112.21 AR Interns
4112.5 AR Criminal Record Check
4112.9 AR Employee Notifications
4115 AR Evaluation/Supervision
4117.3 BP Personnel Reduction
4117.7 AR Employment Status Reports
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4121 AR Temporary/Substitute Personnel
4131 AR Staff Development
4161.5 AR Military Leave
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4261.5 AR Military Leave
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4361.5 AR Military Leave