OGEA's Appleseed Connection

Frequently Asked Questions and Answers

For Temporary and Probationary Teachers

What is the difference between a temporary employee and a probationary employee?

  • Probationary teachers are continuing employees until given proper notice by the district. 
  • Temporary employees work for the district until the end-date listed on his/her contract (usually 1 year).

How do I find out if I am on a temporary contract or a probationary contract?

  • Look at the copy of the contract you received when you signed on with OGSD.
  • Contact human resources and ask.
  • It is important that you know your status and your rights. 

Am I still covered by Weingarten Rights, as a Probationary and Temporary employee?

  • Yes. If you have a reasonable belief that discipline or other adverse consequences may result from what you say to your administrator, then you have the right to request union representation.

If I am rehired as a temporary employee or reelected as a probationary employee, will I continue to move up the salary schedule?

  • Yes. You will continue to move along the schedule from where you were initially  placed. 

PROBATIONARY TEACHERS: 

   What is a non-renewal notice (non reelect) and when can one be issued? 

  • If you receive a non-renewal notice, this means your contract will not be renewed the following year.  
  • First year probationary teachers may be given notice of non-renewal effective at the end of the school year at any time without any statement of reasons or hearing.  
  • Second year probationary teachers in districts of 250 ADA or more may be given notice of nonrenewal effective at the end of the school year, at any time before March 15 of the second year, without any statement of reasons of hearing (CA Education Code 44929.21) 

If I had a good evaluation or if my evaluation was not done properly can I still be released?  

  • Yes. School districts have complete discretion to release teachers who are not permanent.

Do I still have rights as a probationary teacher?

  • Yes.  You are a full member of OGEA.  The school district still needs to follow the OGEA contract and your union will enforce the contract.

If I decide to resign instead of being non-reelected, could I still apply for unemployment insurance?  

  • Yes. You can apply for unemployment benefits either if you are non-reelected or if you resign instead of being non-reelected.

When do I get tenure, or permanent status?

  • An individual who is hired as a probationary employee usually must serve in that capacity for two consecutive, complete school years before being eligible for permanent status.
  • In general, “permanent” employees are those who passed their two years of probation and are re-elected to serve a third year.

TEMPORARY TEACHERS:

I am a temporary teacher. What does that mean?

  • The Education Code allows districts to hire a number of temporary teachers to match the number of teachers on leave, as well as the number of teachers in positions paid for by “soft” categorical money.  
  • Most temporary teachers are given a contract for one school year at a time.

If I have been released as a temporary teacher, what are my rights?

  • State Education Code does not give temporary teachers due process rights and the layoff process does not cover temporary teachers. Temporary teachers can be released with a simple letter from the employer.

Do I have any rights to be rehired?

  • Temporary teachers have no legal rights to be rehired, but you may indicate to OGSD that you hope to be rehired.

Does my release mean that OGSD doesn't think I am a good teacher?

  • Not necessarily, OGSD will likely release all teachers on a temporary contract. The best way to judge the likelihood that you will be rehired if a position exists is to look at your evaluation.

If I work in OGSD next year, does my temporary service this year count toward becoming permanent?

  • If you work more than 75% of the days of the school year, your temporary service can count towards becoming permanent if you are rehired by OGSD on a Probationary 2 contract for the following year.  Only one year of temporary service can count toward becoming permanent.

What does my union, OGEA, do to make sure I have been classified properly?

  • Every year OGEA demands a list of all temporary teachers from OGSD.  We review this list and the District’s reasoning for all temporary hires.  If the District improperly classifies an employee as temporary, we make them change the status to probationary.

Do I still have rights as a temporary teacher?

  • Yes.  You are a full member of OGEA.  The school district still needs to follow the OGEA contract and your union will enforce the contract.

This is intended for informational purposes only. Please feel free to contact the following with any questions or concerns:

 

Maripaz Berlin -- OGEA President president@ogea.org

Bob Prola-OGEA Vice President and Bargaining Chair bobprola@gmail.com

Cindy Paigen-OGEA Grievance Chair grievance.ogea@gmail.com

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