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Chapter 18. California State Special Schools For The Deaf Or Blind, Or State Diagnostic Centers. Subchapter 1. Employees. Article 3. Tenure Rights Of Exempt Staff. Acquisition of Tenure.   

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Tenure is acquired by meeting all of the requirements specified in any one of the following subsections:

(a) Full-time service as a pre-tenure employee at one special school in one or more exempt classes, except service in classes excluded from tenure in sections 17630.1 and 17632(c), for three successive school terms or fiscal years, as applicable; and commencement of service upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. The tenure is in that special school.

(b) Voluntary transfer, including transfer in lieu of layoff, promotion, or demotion, of a tenure employee at one special school to another special school; full-time service for one school term, or fiscal year, as applicable, immediately following the transfer, in the special school to which the employee so transferred; and commencement of service upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. At the date of commencement of service for the second school term, or fiscal year, as applicable, at that special school, the transferee shall lose tenure at the special school from which transferred, and shall have tenure at the special school to which transferred. If the transferee is notified that commencement of service for the second school term, or fiscal year, as applicable, will not occur, the transferee shall be reinstated to the special school from which transferred and appointed to the classification at which tenure is earned at that special school. If such reinstatement creates a need for a layoff at the special school to which returned, the layoff provisions under sections 17638-17642, inclusive, shall apply.

(c) Transfer of a pre-tenure employee from a special school to a newly established special school for the same type of student; rendition of full-time service for three successive school terms or fiscal years, as applicable, at either or both of such special schools, and commencement of service upon appointment for full-time service at the newly established special school for the next school term or fiscal year, as applicable. At the date of such commencement of service, the transferee shall lose all rights toward tenure at the school from which transferred and shall have tenure only at the special school to which transferred.

(d) Full-time service in a special school by a pre-tenure employee for at least one school term or fiscal year, as applicable; transfer, including promotion or demotion, to an existing special school and rendition of full-time service therein for two successive school terms or fiscal years, as applicable; and commencement of service therein upon reappointment for full-time service at that special school for the next school term or fiscal year, as applicable. At the date of commencement of service under such reappointment, the transferee shall lose all rights toward tenure at the school from which transferred and shall have tenure only at the special school to which transferred.

Authority cited:

Education Code 59003

Education Code 59103

Education Code 59203

Reference:

Education Code 59003

Education Code 59103

Education Code 59203

(Amended by Register 2007, No. 39.)