Legal Resources | Title 5 | 4682
Contents of Complaints Regarding Teacher Vacancy or Misassignment
(a) A complaint related to teacher vacancy or misassignment may allege as follows:
(1) A semester begins and a teacher vacancy exists (a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester).
(2) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20 percent English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners.
(3) A teacher is assigned to teach a class for which the teacher lacks subject matter competency.
(b) A complaint regarding a teacher vacancy or misassignment shall identify:
(1) the course or grade level in which the teacher vacancy or misassignment exists;
(2) the specific nature of the vacancy or misassignment as specified in subdivision (a); and
(3) if it is a misassignment, the name of the teacher who is misassigned.
(c) A complaint may include as much text to explain the teacher vacancy or misassignment as complainant feels necessary. A complaint may contain more than one allegation of teacher vacancy or misassignment.
Education Code 33031
Education Code 35186
(Added by Register 2005, No. 52.)