ed code 44466, 44929.21

[Mssmythe]

According to the above ed codes, if I worked as a teacher under a university intern contract for 1 1/2 years, obtained my preliminary credential the second year, and was re elected to teach the third year, should I have been considered tenured in the third year in California??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Humusluvr]

According to the above ed codes, if I worked as a teacher under a university intern contract for 1 1/2 years, obtained my preliminary credential the second year, and was re elected to teach the third year, should I have been considered tenured in the third year in California??What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

What did your contract state? Because most contracts do not begin until you are fully certified.

 

[Mssmythe]

I was fully credentialed / contracted the third year. I was verbally told the contract did not expire.

 

[ecmst12]

Anything that you were told verbally would be outweighed by what is actually written in the contract.

 

[Humusluvr]

I was fully credentialed / contracted the third year. I was verbally told the contract did not expire.

So, you have to tell us more details about what happened. Did they let you go without warning the third year? Did they RIF you (Reduction in Force - almost all schools are going through it right now)?

Contracts are usually year to year for new teachers, until you sign the contract that says you have tenure. Unless you signed the tenure contract, you don't have tenure. And they wouldn't have started your countdown to tenure until you were FULLY licensed - the end of your third year.

 

[Mssmythe]

What do you mean by fully licensed? I completed my credential program in 1 1/2 years and was fully credentialed / licensed.

I was told the contract I signed did not expire. It had no expiration date. I was re elected to work as a teacher the third year and worked 75% of the school year.

Would I have been tenured? There are no contracts at this school district that specifically state you are tenured.

Thanks.

 

[I'mTheFather]

What do you mean by fully licensed? I completed my credential program in 1 1/2 years and was fully credentialed / licensed.

I was told the contract I signed did not expire. It had no expiration date. I was re elected to work as a teacher the third year and worked 75% of the school year.

Would I have been tenured? There are no contracts at this school district that specifically state you are tenured.

Thanks.

You would have been tenured if they had rehired you for the next year. You must work one full year after becoming credentialed, then be rehired for the following year. Your third year was the one full year.

 

[Humusluvr]

What do you mean by fully licensed? I completed my credential program in 1 1/2 years and was fully credentialed / licensed.

I was told the contract I signed did not expire. It had no expiration date. I was re elected to work as a teacher the third year and worked 75% of the school year.

Would I have been tenured? There are no contracts at this school district that specifically state you are tenured.

Thanks.

What happened 75% of the way through the school year?

Under my way of seeing it - no. You worked provisionally for the first two years since you were not fully licensed or credentialed (whatever you want to call it). Your third year would have STARTED your first year of service towards tenure. So you would have had to have had two more years before you would sign the contract without an expiration date.

What HAPPENED? How were you let go, or why did you leave?

 

[I'mTheFather]

What happened 75% of the way through the school year?

Under my way of seeing it - no. You worked provisionally for the first two years since you were not fully licensed or credentialed (whatever you want to call it). Your third year would have STARTED your first year of service towards tenure. So you would have had to have had two more years before you would sign the contract without an expiration date.

What HAPPENED? How were you let go, or why did you leave?

That's not how I read the code:

44466. An intern shall not acquire tenure while serving on an
internship credential. A person who, after completing a teaching
internship program authorized pursuant to this article, is employed
for at least one complete school year in a position requiring
certification qualifications by the school district that employed the
person as an intern during the immediately preceding school year and
is reelected for the next succeeding school year to a position
requiring certification qualifications shall, at the commencement of
the succeeding school year, acquire tenure.

She would have had to finish the third year and be rehired for the next. Upon beginning that next school year, she would be tenured.

 

[Humusluvr]

That's not how I read the code:



She would have had to finish the third year and be rehired for the next. Upon beginning that next school year, she would be tenured.

Every school district I have ever heard of requires AT LEAST a three year probationary contract (resigned each year) before they will even consider a teacher for tenure.

Can you imagine if every CA teacher was employed FOR LIFE after one year? That would be insane.

So the teacher here may have been missing that she was on a probationary contract before she began a continuing contract leading to tenure. It's all in what the school district signs with the teacher.

And they haven't answered where the missing 25% of the third year went.

CA is a union state. Why don't you ask your union what they think? They have legal representatives to help you.

 

[Mssmythe]

reply to multiple questions.

I was fully credentialed / contracted Jan '10-11, rehired for third year. Would

re election for third year in mid year be considered one full school year?

Thanks.

Can anyone clarify the difference in verbiage between ed codes 44929.21 and 444.66

It appears they contradict themselves. Also if you look at ed codes regarding District Interns and University Interns, they also contradict themselves.

Why should there be preferential treatment given to District Interns as opposed to University Interns?

 

[Humusluvr]

I was fully credentialed / contracted Jan '10-11, rehired for third year. Would

re election for third year in mid year be considered one full school year?

Thanks.

Can anyone clarify the difference in verbiage between ed codes 44929.21 and 444.66

It appears they contradict themselves. Also if you look at ed codes regarding District Interns and University Interns, they also contradict themselves.

Why should there be preferential treatment given to District Interns as opposed to University Interns?

Why did you only finish part of the year? No one can answer any of your questions til you answer that.

 

[I'mTheFather]

Okay, is this the timeline?

08/09 intern
09/10 intern, but credentialed midyear
10/11 fully hired

44466. An intern shall not acquire tenure while serving on an
internship credential. A person who, after completing a teaching
internship program authorized pursuant to this article, is employed
for at least one complete school year (10/11) in a position requiring
certification qualifications by the school district that employed the
person as an intern during the immediately preceding school year (09/10) and
is reelected for the next succeeding school year (11/12) to a position
requiring certification qualifications shall, at the commencement of
the succeeding school year (11/12), acquire tenure.

I'll check the other code.

 

[Humusluvr]

Okay, is this the timeline?

08/09 intern
09/10 intern, but credentialed midyear
10/11 fully hired

44466. An intern shall not acquire tenure while serving on an
internship credential. A person who, after completing a teaching
internship program authorized pursuant to this article, is employed
for at least one complete school year (10/11) in a position requiring
certification qualifications by the school district that employed the
person as an intern during the immediately preceding school year (09/10) and
is reelected for the next succeeding school year (11/12) to a position
requiring certification qualifications shall, at the commencement of
the succeeding school year (11/12), acquire tenure.

I'll check the other code.

If you don't know why she was fired/quit/RIF'd in the third year, you can't answer her question.

She's avoiding it, which changes the answers here.

 

[I'mTheFather]

If you don't know why she was fired/quit/RIF'd in the third year, you can't answer her question.

She's avoiding it, which changes the answers here.

I can and I did. She asked if she would be tenured if she completed 2 years as a university intern and one year as a full time teacher. The answer is no. Whether she actually worked all that time is irrelevant since the answer would still be no.