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California Education Code Section 44955

Legal Research Home > California Laws > Education Code > California Education Code Section 44955

44955.  (a) No permanent employee shall be deprived of his or her
position for causes other than those specified in Sections 44907 and
44923, and Sections 44932 to 44947, inclusive, and no probationary
employee shall be deprived of his or her position for cause other
than as specified in Sections 44948 to 44949, inclusive.
   (b) Whenever in any school year the average daily attendance in
all of the schools of a district for the first six months in which
school is in session shall have declined below the corresponding
period of either of the previous two school years, whenever the
governing board determines that attendance in a district will decline
in the following year as a result of the termination of an
interdistrict tuition agreement as defined in Section 46304, whenever
a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or whenever
the amendment of state law requires the modification of curriculum,
and when in the opinion of the governing board of the district it
shall have become necessary by reason of any of these conditions to
decrease the number of permanent employees in the district, the
governing board may terminate the services of not more than a
corresponding percentage of the certificated employees of the
district, permanent as well as probationary, at the close of the
school year. Except as otherwise provided by statute, the services of
no permanent employee may be terminated under the provisions of this
section while any probationary employee, or any other employee with
less seniority, is retained to render a service which said permanent
employee is certificated and competent to render.
   In computing a decline in average daily attendance for purposes of
this section for a newly formed or reorganized school district, each
school of the district shall be deemed to have been a school of the
newly formed or reorganized district for both of the two previous
school years.
   As between employees who first rendered paid service to the
district on the same date, the governing board shall determine the
order of termination solely on the basis of needs of the district and
the students thereof. Upon the request of any employee whose order
of termination is so determined, the governing board shall furnish in
writing no later than five days prior to the commencement of the
hearing held in accordance with Section 44949, a statement of the
specific criteria used in determining the order of termination and
the application of the criteria in ranking each employee relative to
the other employees in the group. This requirement that the governing
board provide, on request, a written statement of reasons for
determining the order of termination shall not be interpreted to give
affected employees any legal right or interest that would not exist
without such a requirement.
   (c) Notice of such termination of services shall be given before
the 15th of May in the manner prescribed in Section 44949, and
services of such employees shall be terminated in the inverse of the
order in which they were employed, as determined by the board in
accordance with the provisions of Sections 44844 and 44845. In the
event that a permanent or probationary employee is not given the
notices and a right to a hearing as provided for in Section 44949, he
or she shall be deemed reemployed for the ensuing school year.
   The governing board shall make assignments and reassignments in
such a manner that employees shall be retained to render any service
which their seniority and qualifications entitle them to render.
However, prior to assigning or reassigning any certificated employee
to teach a subject which he or she has not previously taught, and for
which he or she does not have a teaching credential or which 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.
   (d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for
either of the following reasons:
   (1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
which others with more seniority do not possess.
   (2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

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Last modified: March 17, 2014