Administrative Regulation

AR 4117.6

Certificated Personnel

Decision Not To Rehire

The Superintendent or designee shall provide the Board of Education with his/her recommendations regarding the rehiring of probationary employees.

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 Code 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

44955 Reduction in number of permanent employees

COURT DECISIONS

Bellflower Education Assn. v. Bellflower Unified School District 228 Cal. App. 3d 805, 279 Cal. Rptr. 179 (1991)

Fontana Teachers Assn. v. Fontana Unified School District 201 Cal. App. 3d 1517, 247 Cal. Rptr. 761 (1988)

Grimsley v. Board of Trustees 189 Cal. App. 3d 1440, 235 Cal. Rptr. 85 (1987)

Regulation PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT

approved: February 8, 2001 Palos Verdes Estates, California