Memo 4:

Probationary Certificated Employees

The employment relationship between a district or county superintendent and a certificated employee is contractual in nature. Although many employment terms are specified in the Education Code, the statutes are said to be incorporated into the contract itself. Enclosed with this memorandum are contracts which can be used by K-12 districts and county superintendents when employing certificated personnel in other than a substitute or temporary capacity. There is no authority to employ a certificated staff member initially as a permanent employee except that a school district (but not a county superintendent) may employ as a permanent employee a person who has already become a permanent certificated employee in another school district. If a district is considering initially employing as a permanent employee a person meeting this requirement, this office should be contacted for an appropriate form to do so. The contract need only be executed once, at the start of probationary employment. The employee becomes a permanent employee (except in districts with less than 250 ADA) upon completion of the service required by law. No additional contract is necessary for permanent employment and the terms of the initial contract continue to apply (except where inapplicable to tenured employees as a matter of law).

K-12 Districts

The enclosed agreement contains important features for the district's protection.

    • If the governing board has not formally granted the superintendent the authority to accept resignations, delete the contract up to (but not including) the phrase "the District may set . . . .”

    • The contract specifically commits the employee to maintain all credentials held on initial employment and to continue to agree to accept extra-duty assignments which formed the basis of the initial employment decision (e.g., coaching). Please note that failure to maintain a credential or extra-duty assignment does not result in automatic dismissal. Charges must be brought and proven as cause for dismissal.

    • Districts under 250 ADA: Delete item B.4.; revise item B.6. to delete reference to section 44948.3.

County Superintendents:

    • The only certificated employees who can obtain permanent status are those employed in teaching positions in offices with at least 250 ADA. Persons initially employed in teaching positions may be given a county office version of the K-12 probationary contract. References to the District and the governing board should be changed to County Superintendent. The County Board of Education is not the employer.

    • County offices under 250 ADA: Like the smaller districts, certificated teachers never acquire tenure. Make the same deletions discussed above for small K-12 districts.

    • Certificated employees not serving in teaching positions are all hired under Education Code section 1293. A suitable form for employment is enclosed with this memorandum.

CONTRACT FOR EMPLOYMENT IN A CERTIFICATED NON-TEACHING POSITION

THIS AGREEMENT, made between the ____________________ County Superintendent of Schools ("County Superintendent") and _____________________ (“Applicant”) provides as follows:

RECITALS:

1. Applicant represents that he/she possesses the following California credentials and certificates, duly registered with the County Superintendent of Schools:

TYPE
EXPIRES
1. ____________________ ____________________
2. ____________________ _____________________
3. ____________________ ______________________
4. ____________________ ______________________
5. ____________________ ______________________

2. Applicant further represents that he/she is not now under contract to any other school district or public school entity in the State of California, except as set forth by a memorandum attached to this Agreement.

3. County Superintendent by law is empowered to hire certificated persons and is desirous of filling a certificated position at this time.

4. County Superintendent expressly relies on the above representations of Applicant in entering into this Agreement.

THE PARTIES AGREE AS FOLLOWS:

A. Employment

County Superintendent offers to Applicant, and Applicant accepts, employment in the certificated service of the County Superintendent pursuant to the further terms of this Agreement.

B. Term of Employment

This Agreement is made effective _________________, 20___, and will continue until the occurrence of the earliest of the following events:

    1. June 30, 20___. NOTE: Unless otherwise indicated, employment under this contract automatically terminates without further notice at the end of the current fiscal year. If another date is given in this section, it may not extend beyond the end of the fiscal year in which the current term of office of the County Superintendent expires;

    2. Resignation by Applicant: It is understood that the County Superintendent is empowered to receive and accept resignations and that the County Superintendent may set the effective date at any time during the fiscal year;

    3. Abandonment of position by Applicant;

    4. Termination of employment due to layoff under Education Code Section 44955;

    5. Termination of probationary employment due to nonreelection under Education Code Section 44929.21;

    6. Retirement;

    7. Dismissal for any sufficient cause as determined by the County Superintendent;

    8. Failure to maintain a credential or certificate (as further provided in paragraph "C" below);

    9. Failure to pass either CBEST or a County Superintendent-prescribed proficiency test (as further provided in paragraph “D” below).

    10. Termination for any other reason authorized by law.

    [OPTIONAL: in offices where preemployment physicals are given]:

    11. Failure to pass a physical examination related to the duties of the position.

C. Maintenance of Credential(s)

Applicant warrants and represents that he/she will, with respect to each credential recited above and any other credentials subsequently obtained by Applicant:

    1. Immediately register each credential with all appropriate agencies, including the County Superintendent of Schools.

    2. Take and pass all examinations or continuing education courses which are now or may be required for renewal of each credential.

    3. Refrain from any act or omission which is intended to or will result in suspension, revocation or deregistration of any or all credentials.

Applicant acknowledges that his/her continuing employment with the County Superintendent is expressly subject to maintenance of each credential. Failure to maintain each credential may be treated by the County Superintendent, at its sole option, as a material breach of this contract and as grounds for dismissal for unprofessional conduct and insubordination. A decision by the County Superintendent not to pursue its remedies under this section "Maintenance of Credential(s)" shall not be deemed to be a waiver of County Superintendent's rights with respect to a later incident of failure to maintain a credential.

D. Failure to Pass CBEST or County Superintendent-prescribed Proficiency Test.

The parties expressly agree that Applicant must take and pass both CBEST and any County Superintendent-prescribed proficiency test. No employment under this Agreement may continue beyond the date of notification that Applicant either (1) failed such a test, or (2) failed to appear for the test. In the event of either type of failure, this Agreement shall automatically terminate and Applicant will no longer be employed by the County Superintendent.

E. Coaching/Extracurricular Assignment(s)

Applicant acknowledges that the County Superintendent's offer of employment is expressly based and conditioned upon his/her expressed willingness to perform the following coaching and/or student activities duties when assigned: _____________________________________________________________________.

Applicant's continuing employment is expressly subject to acceptance of such duties when assigned. A refusal to accept such duties, unless excused by physical disability, may be treated by County Superintendent, at its sole option, as a material breach of this contract and as grounds for termination for unprofessional conduct and insubordination. Compensation for assignment to coaching and/or student activities duties will be in accordance with applicable collective bargaining agreements or district policies. Nothing in this paragraph shall obligate the County Superintendent to assign Applicant to coaching or student activities duties beyond the first year of employment.

F. Compensation

Applicant will be compensated for services in accordance with applicable policies and collective bargaining agreements. Initial placement and compensation for the 20___ to 20___ school years are as determined by the calculations on Attachment A. It is Applicant’s responsibility to provide County Superintendent with evidence of entitlement to specific placement. County Superintendent shall be entitled to recover for any erroneous excess payment, regardless of cause. Excess payments discovered within a fiscal year may be recovered, in whole or in part, by adjustment of further payments due during that fiscal year.

G. Adherence to Laws and Regulations

This Agreement constitutes an offer of employment only and confers no legal or equitable rights until and unless it is approved by the County Superintendent at a lawfully conducted public meeting.

Applicant agrees that he/she will faithfully adhere to all laws of the State of California and the United States, the regulations of the State Board of Education, the regulations, policies and directives of the County Superintendent and all lawful directives of Applicant’s superiors.

Executed at _________________, California, this _____ day of ____________, 20___.

APPLICANT ________________________

COUNTY SUPERINTENDENT________________________

By_________________________

ADDRESS________________________

TELEPHONE NO.________________________

DATE OF COUNTY SUPERINTENDENT APPROVAL:

__________________________, 20___

CONTRACT FOR EMPLOYMENT AS A PROBATIONARY CERTIFICATED EMPLOYEE

THIS AGREEMENT, made between the__________________ School District ("District") and __________________________________ ("Applicant") provides as follows:

RECITALS:

1. Applicant represents that he/she possesses the following California credentials and certificates, duly registered with the County Superintendent of Schools:

TYPE
EXPIRES
1. ____________________ _______________________
2. ____________________ _________________________
3. ____________________ _________________________
4. ____________________ _________________________
5. ____________________ _________________________

2. Applicant further represents that he/she is not now under contract to any other school district or public school entity in the State of California, except as set forth by a memorandum attached to this Agreement.

3. District by law is empowered to hire certificated persons and is desirous of filling a certificated position at this time.

4. District expressly relies on the above representations of Applicant in entering into this Agreement.

THE PARTIES AGREE AS FOLLOWS:

A. Employment.

District offers to Applicant, and Applicant accepts, employment in the certificated service of the District pursuant to the further terms of this Agreement.

B. Term of Employment.

This Agreement is made effective ____________________, 20___, and will continue until the occurrence of the earliest of the following events:

    1. June 30, 20___. NOTE: Unless otherwise indicated, employment under this contract automatically terminates without further notice at the end of the current fiscal year;

    2. Resignation by Applicant: It is understood that the District Superintendent is empowered to receive and accept resignations and that the District may set the effective date at any time during the fiscal year;

    3. Abandonment of position by Applicant;

    4. Termination of employment due to layoff under Education Code section 44955;

    5. Termination of probationary employment due to nonreelection under Education Code section 44929.21;

    6. Retirement;

    7. Dismissal pursuant to Education Code sections 44932, 44948.3, or 44948.5;

    8. Failure to maintain a credential or certificate (as further provided in paragraph "C" below);

    9. Failure to pass either CBEST or a District-prescribed proficiency test (as further provided in paragraph "D" below).

    10. Termination for any other reason authorized by law.

    [OPTIONAL in districts where preplacement physicals are given:]

    11. Failure to pass a physical examination related to the duties of the position.

C. Maintenance of Credential(s).

Applicant warrants and represents that he/she will, with respect to each credential recited above and any other credential subsequently obtained by Applicant:

    1. Immediately register each credential with all appropriate agencies, including the County Superintendent of Schools.

    2. Take and pass all examinations or continuing education courses which are now or may be required for renewal of each credential.

    3. Refrain from any act or omission which is intended to or will result in suspension, revocation or deregistration of any or all credentials.

Applicant acknowledges that his/her continuing employment with the District is expressly subject to maintenance of each credential. Failure to maintain each credential may be treated by the District, at its sole option, as a material breach of this contract and as grounds for dismissal for unprofessional conduct and insubordination. A decision by the District not to pursue its remedies under this section "Maintenance of Credential(s)" shall not be deemed to be a waiver of District's rights with respect to a later incident of failure to maintain a credential.

D. Failure to Pass CBEST or District-prescribed Proficiency Test.

The parties expressly agree that Applicant must take and pass both CBEST and any District-prescribed proficiency test. No employment under this Agreement may continue beyond the date of notification that Applicant either (1) failed such a test, or (2) failed to appear for the test. In the event of either type of failure, this Agreement shall automatically terminate and Applicant will no longer be employed by the District.

E. Coaching/Extracurricular Assignment(s).

Applicant acknowledges that the District's offer of employment is expressly based and conditioned upon his/her expressed commitment to perform the following coaching and/or student activities when assigned: _____________________________________ ______________________________________________________________________ Applicant's continuing employment is expressly subject to acceptance of such duties when assigned. A refusal to accept such duties, unless excused by physical disability, may be treated by District, at its sole option, as a material breach of this contract and as grounds for termination for unprofessional conduct and insubordination. Compensation for assignment to coaching and/or student activities duties will be in accordance with applicable collective bargaining agreements or district policies. Nothing in this paragraph shall obligate the District to assign Applicant to coaching or student activities duties beyond the first year of employment.

F. Compensation.

Applicant will be compensated for services in accordance with applicable policies and collective bargaining agreements. Initial placement and compensation for the 20___ to 20__ school year are as determined by the calculations on Attachment A. It is Applicant's responsibility to provide District with evidence of entitlement to specific placement. District shall be entitled to recover for any erroneous excess payment, regardless of cause. Excess payments discovered within a fiscal year may be recovered, in whole or in part, by adjustment of further payments due during that fiscal year.

G. Adherence to Laws and Regulations.

This Agreement constitutes an offer of employment only and confers no legal or equitable rights until and unless it is approved by the District at a lawfully conducted public meeting.

Applicant agrees that he/she will faithfully adhere to all laws of the State of California and the United States, the regulations of the State Board of Education, the regulations, policies and directives of the District and all lawful directives of Applicant's superiors.

Executed at ________, California, this ___ day of ____________, 20___.

APPLICANT ______________________________

DISTRICT______________________________

By_____________________________

ADDRESS______________________________

TELEPHONE NO.______________________________

DATE OF GOVERNING BOARD APPROVAL: ___________________, 20___



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