California Education Code

§ 44956

EDC § 44956 Effective Jan 1, 2015Div. 3 · Title 2 · Part 25 · Ch. 4 · Art. 3

Statute text

Any permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights:

(a)For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no probationary or other employee with less seniority shall be employed to render a service that the employee is certificated and competent to render. However, prior to reappointing any employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject.

(b)The right to reappointment described in subdivision (a) may be waived by the employee, without prejudice, for not more than one school year, unless the board extends this right, but the waiver shall not deprive the employee of his or her right to subsequent offers of reappointment.

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Legislative history

Amended by Stats. 2014, Ch. 71, Sec. 38. (SB 1304) Effective January 1, 2015.