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California Education Code Section 44956

Legal Research Home > California Laws > Education Code > California Education Code Section 44956

44956.  (a) Any permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:
   (1) For the period of 39 months from the date of such 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
the provisions of 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 which said employee is certificated and competent to render.
However, prior to reappointing any 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.
   (2) The aforesaid right to reappointment may be waived by the
employee, without prejudice, for not more than one school year,
unless the board extends this right, but such waiver shall not
deprive the employee of his right to subsequent offers of
reappointment.
   (3) Notwithstanding paragraph (1), a school district may deviate
from reappointing a certificated employee in order of seniority for
either of the following reasons:
   (A) 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
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.
   (B) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
   (4) As to any such employee who is reappointed, the period of his
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his service, he shall
retain the classification and order of employment he had when his
services were terminated, and credit for prior service under any
state or district retirement system shall not be affected by such
termination, but the period of his absence shall not count as a part
of the service required for retirement.
   (5) During the period of his preferred right to reappointment, any
such employee shall, in the order of original employment, be offered
prior opportunity for substitute service during the absence of any
other employee who has been granted a leave of absence or who is
temporarily absent from duty; provided, that his services may be
terminated upon the return to duty of said other employee and that
said substitute service shall not affect the retention of his
previous classification and rights. If, in any school year the
employee serves as a substitute in any position requiring
certification for any 21 days or more within a period of 60
schooldays, the compensation the employee receives for substitute
service in that 60-day period, including his or her first 20 days of
substitute service, shall be not less than the amount the employee
would receive if he or she were being reappointed.
   (6) During the period of the employee's preferred right to
reappointment, the governing board of the district, if it is also the
governing board of one or more other districts, may assign him to
service, which he is certificated and competent to render, in said
other district or districts; provided, that the compensation he
receives therefor may in the discretion of the governing board be the
same as he would have received had he been serving in the district
from which his services were terminated, that his service in the said
other district or districts shall be counted toward the period
required for both state and local retirement, as defined by Section
22102, as though rendered in the district from which his services
were terminated, and that no permanent employee in said other
district or districts shall be displaced by him.
   It is the intent of this subsection that the employees of a school
district, the governing board of which is also the governing board
of one or more other school districts, shall not be at a disadvantage
as compared with employees of a unified school district.
   (7) At any time prior to the completion of one year after his
return to service, he may continue or make up, with interest, his own
contributions to any state or district retirement system, for the
period of his absence, but it shall not be obligatory on state or
district to match such contributions.
   (8) Should he become disabled or reach retirement age at any time
before his return to service, he shall receive, in any state or
district retirement system of which he was a member, all benefits to
which he would have been entitled had such event occurred at the time
of his termination of service, plus any benefits he may have
qualified for thereafter, as though still employed.

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Last modified: March 17, 2014