California Code
ARTICLE 2 - Employment
Section 44903.7.

44903.7. When a local plan for the education of individuals with exceptional needs is developed or revised pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, the following provisions shall apply:

(a) Whenever any certificated employee, who is performing service for one employer, is terminated, reassigned, or transferred, or becomes an employee of another employer because of the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, the employee shall be entitled to the following:

(1) The employee shall retain the seniority date of his or her employment with the district or county office from which he or she was terminated, reassigned, or transferred, in accordance with Section 44847. In the case of termination, permanent employees shall retain the rights specified in Section 44956 or, in the case of probationary employees, Sections 44957 and 44958, with the district or county office initiating the termination pursuant to Section 44955.

(2) The reassignment, transfer, or new employment caused by the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, shall not affect the seniority or classification of certificated employees already attained in any school district that undergoes the reorganization. These employees shall have the same status with respect to their seniority or classification, with the new employer, including time served as probationary employees. The total number of years served as a certificated employee with the former district or county office shall be credited, year for year, for placement on the salary schedule of the new district or county office.

(b) All certificated employees providing service to individuals with exceptional needs shall be employed by a county office of education or an individual school district. Special education local plan areas or responsible local agencies resulting from local plans for the education of individuals with exceptional needs formulated in accordance with Part 30 (commencing with Section 56000) shall not be considered employers of certificated personnel for purposes of this section.

(c) Subsequent to the reassignment or transfer of any certificated employee as a result of the reorganization of special education programs, pursuant to Chapter 797 of the Statutes of 1980, that employee shall have priority, except as provided in subdivision (d), in being informed of and in filling certificated positions in special education in the areas in which the employee is certificated within the district or county office by which the certificated employee is then currently employed. This priority shall expire 24 months after the date of reassignment or transfer, and may be waived by the employee during that time period.

(d) A certificated employee who has served as a special education teacher in a district or county office and has been terminated from his or her employment by that district or county office pursuant to Section 44955, shall have first priority in being informed of and in filling vacant certificated positions in special education, for which the employee is certificated and was employed, in any other county office or school district that provides the same type of special education programs and services for the pupils previously served by the terminated employee. For a period of 39 months for permanent employees and 24 months for probationary employees from the date of termination, the employee shall have the first priority right to reappointment as provided in this section, if the employee has not attained the age of 65 years before reappointment.

(Amended by Stats. 1997, Ch. 854, Sec. 4. Effective January 1, 1998.)

Structure California Code

California Code

Education Code - EDC

TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION

DIVISION 3 - LOCAL ADMINISTRATION

PART 25 - EMPLOYEES

CHAPTER 4 - Employment Certificated Employees

ARTICLE 2 - Employment

Section 44830.

Section 44830.1.

Section 44830.2.

Section 44830.3.

Section 44830.5.

Section 44830.7.

Section 44831.

Section 44832.

Section 44833.

Section 44834.

Section 44834.1.

Section 44834.2.

Section 44835.

Section 44836.

Section 44837.

Section 44838.

Section 44839.

Section 44839.5.

Section 44840.

Section 44842.

Section 44843.

Section 44844.

Section 44845.

Section 44846.

Section 44847.

Section 44848.

Section 44849.

Section 44850.

Section 44850.1.

Section 44851.

Section 44852.

Section 44853.

Section 44854.

Section 44855.

Section 44856.

Section 44857.

Section 44858.

Section 44859.

Section 44860.

Section 44861.

Section 44862.

Section 44863.

Section 44864.

Section 44865.

Section 44866.

Section 44867.

Section 44868.

Section 44869.

Section 44870.

Section 44871.

Section 44872.

Section 44873.

Section 44874.

Section 44875.

Section 44876.

Section 44877.

Section 44878.

Section 44879.

Section 44885.5.

Section 44893.

Section 44894.

Section 44895.

Section 44896.

Section 44897.

Section 44898.

Section 44899.

Section 44900.

Section 44901.

Section 44902.1.

Section 44902.2.

Section 44903.

Section 44903.7.

Section 44907.

Section 44908.

Section 44909.

Section 44910.

Section 44911.

Section 44912.

Section 44913.

Section 44914.

Section 44915.

Section 44916.

Section 44917.

Section 44918.

Section 44919.

Section 44920.

Section 44921.

Section 44922.

Section 44923.

Section 44924.

Section 44925.

Section 44926.

Section 44927.

Section 44928.

Section 44929.