4121
AR
Administrative Regulation
Temporary/Substitute Personnel
Qualifications
Any candidate recommended by the Superintendent or designee for a substitute or temporary position requiring certification qualifications shall possess the appropriate credential or permit authorizing employment in such position and shall meet all other requirements of law for certificated positions. (Education Code 44830)
The district shall not initially hire a certificated person on a substitute or temporary basis in a capacity designated in the person's credential unless the person has demonstrated basic skills proficiency in reading, writing, and mathematics pursuant to Education Code 44252.5, or is exempted by law. (Education Code 44830)
A noncredentialed person shall not substitute for any special education certificated position. The Superintendent or designee shall recruit and maintain lists of appropriately credentialed substitute teachers for special education positions. The Superintendent or designee shall contact institutes of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel. (Education Code 56060, 56063)
Notifications
Before starting work, each new temporary employee shall receive a written statement indicating employment status and salary. This statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. (Education Code 44916)
The Superintendent or designee shall notify all substitute and part-time certificated employees, within 30 days of their hire, of their right to elect membership in a defined benefit program under a qualified retirement plan. The employee shall sign a form provided by the system to acknowledge receipt of this notice and to indicate whether the employee elects or declines membership. Election of membership shall be irrevocable for all future employment to perform creditable service. (Education Code 22455.5, 22515)
Assignments
A person who holds an emergency 30-day substitute permit, emergency career substitute permit, emergency substitute permit for prospective teachers, or emergency substitute permit for career technical education shall be restricted in the number of days the employee may substitute for any one teacher in accordance with 5 CCR 80025-80025.5.
In placing substitute teachers in special education classrooms, the district shall give first priority to substitute teachers with the appropriate special education credential(s), second priority to substitute teachers with any other special education credential, and third priority to substitute teachers with a regular teaching credential. An inappropriately credentialed substitute teacher shall not serve as a substitute for a special education teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year. The district may apply to the Superintendent of Public Instruction for an extension of 20 school days, or for a longer period in extraordinary circumstances. (Education Code 56060, 56061, 56062)
Legal & Management References
State
5 CCR 5502 - Filing of notice of physical examination for employment of retired person
5 CCR 5503 - Physical examination for employment of retired persons
5 CCR 5531 - Supervision of extracurricular activities of students
5 CCR 80025-80025.5 - Emergency substitute teaching permits
Ed. Code 22455.5 - STRS information to potential members
Ed. Code 22515 - Irrevocable election to join retirement plan
Ed. Code 37200 - School calendar
Ed. Code 44252.5 - State basic skills assessment required for certificated personnel
Ed. Code 44300 - Emergency permits
Ed. Code 44830 - Employment of certificated persons
Ed. Code 44839.5 - Requirements for employment of retirant
Ed. Code 44845 - Date of employment
Ed. Code 44846 - Criteria for reemployment preferences
Ed. Code 44909 - Employees providing services through categorically funded programs
Ed. Code 44914 - Substitute and probationary employment computation for classification as permanent employee
Ed. Code 44915 - Classification of probationary employees
Ed. Code 44916 - Written statement of employment status
Ed. Code 44917 - Classification of substitute employees
Ed. Code 44918 - Substitute or temporary employee deemed probationary employee; reemployment rights
Ed. Code 44919 - Classification of temporary employees; classifications
Ed. Code 44920 - Employment of certain temporary employees; classifications
Ed. Code 44921 - Employment of temporary employees; reemployment rights (unified and high school districts)
Ed. Code 44953 - Dismissal of substitute employees
Ed. Code 44954 - Nonreelection of temporary employees
Ed. Code 44955 - Reduction in number of permanent employees
Ed. Code 44956 - Rights of laid-off permanent employees to substitute positions
Ed. Code 44957 - Rights of laid-off probationary employees to substitute positions
Ed. Code 44977 - Salary schedule for substitute employees
Ed. Code 45030 - Substitutes
Ed. Code 45041 - Computation of salary
Ed. Code 45042 - Alternative method of computation for less than one school year
Ed. Code 45043 - Compensation for employment beginning in the second semester
Ed. Code 56060-56063 - Substitute teachers in special education
Gov. Code 3540.1 - Public employment; definitions
Lab. Code 220 - Sections inapplicable to public employees
Lab. Code 230 - Accommodations and leave for victims of domestic violence
Lab. Code 230.1 - Employers with 25 or more employees; domestic violence, sexual assault, and stalking victims; right to time off
Lab. Code 233 - Leave to attend to family illness
Lab. Code 234 - Absence control policy
Lab. Code 245-249 - Healthy Workplaces, Healthy Families Act of 2014
Management Resources
Court Decision - Kavanaugh v. West Sonoma Union High School District (2003) 29 Cal.4th 911
Court Decision - McIntyre v. Sonoma Valley Unified School District (2012) 206 Cal.App.4th 170
Court Decision - Neily v. Manhattan Beach Unified School District (2011) 192 Cal.App.4th 187
Court Decision - Stockton Teachers Association CTA/NEA v. Stockton Unified School District (2012) 204 Cal.App.4th 446
Court Decision - Bakersfield Elementary Teachers Association v. Bakersfield City School District (2006) 145 Cal.App.4th 1260
Court Decision - California Teachers Association v. Vallejo City Unified School District (2007) 149 Cal.App.4th 135
Website - CSBA District and County Office of Education Legal Services
Website - Commission on Teacher Credentialing
Website - CSBA
Cross References
4111.2 BP Legal Status Requirement
4112.1 AR Contracts
4112.2 AR Certification
4112.4 AR Health Examinations
4112.5 AR Criminal Record Check
4112.9 AR Employee Notifications
4113 AR Assignment
4116 AR Probationary/Permanent Status
4117.14 AR Postretirement Employment
4117.3 BP Personnel Reduction
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4127 BP Temporary Athletic Team Coaches
4140 BP Bargaining Units
4141.6 BP Concerted Action/Work Stoppage
4151 BP Employee Compensation
4154 BP Health And Welfare Benefits
4211.2 BP Legal Status Requirement
4212.9 BP Employee Notifications
4219.21 BP Professional Standards
4227 BP Temporary Athletic Team Coaches
4241.6 BP Concerted Action/Work Stoppage
4251 BP Employee Compensation
4254 BP Health And Welfare Benefits
4311.2 BP Legal Status Requirement
4312.9 BP Employee Notifications
4319.21 BP Professional Standards
4327 BP Temporary Athletic Team Coaches
4351 BP Employee Compensation
4354 BP Health And Welfare Benefits
5141.52 AR Suicide Prevention
6175 AR Migrant Education Program