The Board may decide not to rehire a probationary employee for a second year and give written notice of its decision to the employee at any time during his/her first year. If the Board does not give written notice, the employee shall be rehired for the following year. (Education Code 44929.21)
The Board may decide not to rehire a probationary employee for a third year and give written notice to the employee on or before March 15 of his/her second year. If the Board does not give written notice on or before March 15, the employee shall be rehired for the following year. (Education Code 44929.21)
The Board may also decide not to rehire a district intern at the end of his/her first, second or third consecutive year. Written notice to the employee may be given at any time during the year except during the employee's last year as an intern, when notice must be given on or before March 15. If the Board does not give written notice, the employee shall be rehired as a probationary employee for the following year. (Education Codes 44929.21, 44885.5)
(cf. 4112.21 - District Interns)
(cf. 4116 - Probationary/Permanent Status)
(cf. 4117.3 - Personnel Reduction)
Legal Reference:
EDUCATION CODE
44885.5 District interns
44929.21 Districts with 250 ADA or more; notice of reelection decision
44929.23 Districts with daily attendance less than 250
44948.2 Election to use provisions of Education Code 44948.3
44948.3 Dismissal of probationary employees (over 250 ADA)
44949¬?¬?Cause, notice and right to hearing required for dismissal of probationary employee 449
COURT DECISIONS
Hoschler v. Sacramento City Unified School District, (2007) 149 Cal. App. 4th 258
Fischer v. Los Angeles Unified School District, (1999) 70 Cal.App.4th 87
Bellflower Education Assn. v. Bellflower Unified School District, (1991) 228 CalApp.3d 805
Fontana Teachers Assn. v. Fontana Unified School District, (1988) 201 Cal.App.3d 1517
Grimsley v. Board of Trustees (1987) 189 Cal.App.3d 1440
Regulation ALHAMBRA UNIFIED SCHOOL DISTRICT
approved: September 9, 1997 Alhambra, California