Dear Judge,
Thank you for your reply and clarification. I received input from other legal cased and attorneys that confirmed as a university intern I was considered a probationary contracted / credentialed teacher and should have been given credit for this time.
Therefore, after obtaining my preliminary credential, I was given a contract that had no expiration date mid year (January, second year).
I was re elected to teach with a full credential for my third year. According to ed code 44929.21, would I have been considered tenured? I think I was issued a non reelect on the basis that I was a second year teacher because my initial first year contract was lost.
I was advised to go to the District HR office to clear this up but wanted to confirm my status before doing so.
I appreciate your expertise, input, and continued correspondence.
I believe the input you received is incorrect. You were not a probationary teacher until you were credentialed according to the definitions in the code.
As I read it, the section below requires 2 complete consecutive school years as a credentialed teacher. You must then be reelected for the following year. When you begin the following year, you will be tenured.
You will have completed only 1.5 years of the required 2 years at the end of this school year; however, even if we count 10/11 as a full year, you will still have to be rehired for the 12/13 year in order to be tenured.
44929.21.
(b) Every employee of a school district of any type or class
having an average daily attendance of 250 or more who, after having
been employed by the district for two complete consecutive school
years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a
position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the district.
The governing board shall notify the employee, on or before March
15 of the employee's second complete consecutive school year of
employment by the district in a position or positions requiring
certification qualifications, of the decision to reelect or not
reelect the employee for the next succeeding school year to the
position. In the event that the governing board does not give notice
pursuant to this section on or before March 15, the employee shall be
deemed reelected for the next succeeding school year.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
Going back to 44466, the requirements are not quite as strict. You must be employed as an intern for one year, a fully credentialed teacher for the second year, and then be rehired for the third year. At the beginning of the third year, you will be tenured. This year is your second year as a fully credentialed teacher, so unless you are rehired for next year, you are not tenured.
The fact that your contract doesn't have an expiration date is irrelevant. If that determined tenure, then you would have been tenured upon signing the contract in January of last year. The code specifically outlines the conditions under which a teacher may be tenured, and both sections refer to a employment for full school years.
Sorry, I don't think you have a case, but it wouldn't hurt to discuss these issues with HR, or even your union's legal counsel, if you've already been notified that you won't be rehired for next year.
Good luck!
