Defending Temporary Employees' Rights

An investigation conducted by SDEA staff found that SDUSD may be abusing a provision of state law that allows school districts to hire teachers on temporary contracts. We are taking action through our attorney. Our attorney has notified SDUSD’s attorney in writing that the District may be in violation of state law by employing some teachers as temporary instead of probationary

POSSIBLY RUNNING AFOUL OF THE LAW

The California Education Code allows Districts to hire certificated employees on temporary contracts, but only in limited circumstances. Others must be classified as probationary or permanent, both of which afford greater job security than temporary employment.

SDEA staff recently concluded a year-long look into temporary employment practices in SDUSD. The initial finding indicates that nearly a quarter of the 509 temporary employees towards the end of the 2020-21 school year may have been inappropriately identified as temporary

WHY SO MANY TEMPORARY CONTRACTS?

Hiring teachers as temporary is necessary to replace teachers on leave and those who are working in positions that have short term funding. However, sometimes district administration takes advantage of this framework to hire more than the acceptable number of temporary employees. Districts have fewer obligations to temporary employees. It’s easier to cut temporary employees. And employees who worry about their job security are less likely to stand up at work.