Administrative Regulation
AR4121
Certificated Personnel
Temporary/Substitute Personnel
Hiring
The Governing Board may
employ substitute certificated personnel to fill positions of regularly
employed persons absent from service. (Education Code 44917).
Substitute personnel may be
employed on an on-call, day to-day basis.
In addition, after September
1 of any school year, The Board may employ substitute personnel for the
remainder of the school year for positions for which no regular employee is
available. (Education Code 44917)
During the period of their
preferred right to reappointment, permanent and probationary certificated
employees who have been laid off due to a reduction in force shall be offered
prior opportunity for substitute service. (Education code 44955, 44956, 44957)
Classification
The Governing Board may
classify as a temporary employee a teacher who is employed at least one
semester and up to one school year. Persons whose service begins in the second
semester and before March 15 may be classified as temporary employees even if
employed for less than a semester. The Board shall determine the number of
persons who shall be so employed based on the absence of regular employees due
to leaves or long-term illness. (Education Code 44920)
The Board also shall
classify as temporary employees those certificated persons, other than
substitute employees, who are employed to:
1. Serve from day to day during the first three
months of any semester to teach temporary classes which shall not exist after
that time, or perform any other duties which do not last longer than the first
three months of any semester (Education Code 44919)
2. Teach in day and/or evening classes for adults
or not more than four months of any semester (Education Code 44919)
3. Serve in a position for a period not to
exceed 20 working days in order to prevent the stoppage of district business
during an emergency when persons are not immediately available for probationary
classification (Education Code 44919)
At the time of employment
and each August thereafter, the Board shall classify substitute and temporary
employees as such. (Education Code 44915, 44916)
Each new substitute and
temporary employee shall receive a written statement at the time of initial
employment during each school year indicating his/her employment status and
salary. This statement shall clearly indicate the temporary nature of
employment and the length of time for which the person is being employed.
(Education Code 44916)
The Superintendent or
designee shall ensure that substitute and temporary employees are appropriately
trained, assigned, and oriented.
Qualifications
Any person employed on a
substitute or temporary basis in a position requiring certification
qualifications shall possess the appropriate credential or permit authorizing
his/her employment in such positions and shall meet all other requirements of
law for certificated positions.
Salary/Benefits
The Governing Board shall
adopt and make public the rates of compensation for substitute teachers.
(Education Code 44977
and 45030)
Substitute teachers shall
not participate in the health and welfare plans or other fringe benefits of the
District.
Release from Employment/Dismissal
The Board may dismiss
substitute employees at any time at its discretion. (Education Code 44953)
Substitute Teachers Pool
The Superintendent shall
develop a pool of qualified substitute teachers. He/she shall provide public
notice of the basic skills proficiency test requirements and the dates and
locations of test administration. Individuals who are known to be qualified as
substitutes in other respects shall be encouraged to take the state basic
skills proficiency test at its earliest administration. (Education Code 44830)
Legal Reference:
EDUCATION CODE
44252.5 State basic skills
assessment required for certificated personnel
44300 Emergency teaching
or specialist permits
44830 Employment of
certificated persons; requirements of proficiency in basic skills
44914 Substitute and
probationary employment in computation for classification as permanent employee
44917 Classification of
substitute employees
44953 Dismissal of
substitute employees
44956, 44957 Rights of
laid-off teachers to substitute positions
45030 Substitutes
ADMINISTRATIVE CODE, TITLE 5
5502 Filing of notice of
physical examination for retired person employed as substitute, etc.
5503 Physical examination
for retired persons for service as a substitute teacher, etc.
Adopted: 5-11-88
Revised: 6-9-99