Laid Off Priority Teachers
We hope that you had a chance to take some much deserved time off. As we look towards school opening, this is just a reminder regarding accessing substitutes for the beginning of the school year. Please remember that teachers who have been laid off from the District have a right to become a priority substitute teacher. As you are aware, that right enables them, according to the Education Code, to have priority over the day to day substitutes that are currently on our list.
As you learn of a need for a substitute, please reach out to us in Substitute Services to allow us to check our Laid Off Priority (LOP) Teacher list. We will advise you of next steps to secure your substitute. If there is no teacher that meets your credential requirements, we will share a report that will allow you to access current substitutes to make arrangement to fill your need. Let us know if you have any questions.
For your review, here is the Education Code provision:
Rights Provided to Laid-Off Permanent Certificated Employees
Education Code 44956(a)(5) provides permanent certificated employees on the 39-month rehire list the right to substitute for other employees who are temporarily absent from duty or on a leave of absence. The opportunity to substitute must be offered in the order of original employment. If a laid-off teacher with a permanent status substitutes for more than 20 days within a 60 school-day period, they are entitled to their per diem rate of pay retroactive to their first day of substitute service.
Rights Provided to Laid-Off Probationary Certificated Employees
Probationary certificated employees who have been laid off have a preferred right to reappointment for a period of 24 months as provided in Education Code 44957. Similarly, they are also entitled to opportunities to substitute in day-to-day or long-term substitute assignments. These rights, however, are subordinate to the rights of permanent employees. In addition, Education Code 44957 does not provide probationary certificated employees a right to per diem pay. Probationary certificated employees on the 24-month rehire list who work as substitutes, regardless of the number of days worked, will be paid according to the substitute schedule adopted by the governing board of the local education agency (LEA).
Have a great week!
Your Human Resources Department