What Probationary Teachers Need to Know about the Non Reelection Process

1. What Probationary Teachers Need to Know about the Non Reelection Process What is it? When does it happen? What are the options?

2. Welcome to FSUTA We’re in this together

3. What is probationary status? There are four classifications for certificated employees: Permanent Probationary Temporary Substitute A “Probe” is a defined in Education Code as “those persons employed in positions requiring certification qualifications for the school year, who have not been classified as permanent employees or as substitute employees.” Sec. 44915

4. How does the classification change to permanent status? Probationary teachers usually must be employed in this capacity for two consecutive school years after obtaining a preliminary or clear credential. (working 75% of the year = 1 year) STSP (Short Term Staff Permit) and PIP (Provisional Intern Permit) holders are usually considered in FSUSD as Probe “0” employees meaning the time prior to earning a preliminary credential will not count toward the two years required for permanent status. A person holding an Intern credential will have one year credit toward permanent status if the employee obtains a regular credential and subsequently is reemployed in a probationary position. Permanent status is achieved at the completion of the “Probationary 2” year unless notified prior to March 15th of non reelection.

5. What is Non Reelection? Under the Hughes-Hart Education Reform Act of 1983, teachers in California must complete a “Probationary 2” year prior to obtaining permanent status. During all years in a probationary status, school districts may opt to non reelect any probationary status employee without offering a reason or, in other words, without cause. Non reelect means to not be offered employment for the following year. Under California Education Code 44929.21(b) notification of non reelection must be given to an employee on or before March 15. Once permanent status is achieved, certificated employees can only be terminated for just cause or because of a reduction in force (lay-off). Permanent status employees have due process rights.

7. So March 15 is the big day? Yes and No March 15th is the last day for the Governing Board to pass a resolution of non reelection, however, in FSUSD this resolution will be voted on March 7th. The non reelection process begins much earlier. It is beginning now. Let’s backward plan! In mid January and February, site principals begin notifying teachers if they are in the process toward non reelection. In mid to late February, teachers in the non reelection process will meet with Human Resources. A FSUTA representative will support you at the meeting as management tends to set a very formal and stern tone. Teachers will be given an option to resign rather than completing the non reelect process.

8. Resignation versus Non Reelection Probationary status teachers facing non reelection have some decisions to make. All choices have pros and cons. It is an individual’s decision what is best for their situation. Resignation - the district offers teachers the opportunity to voluntarily separate from the district rather than completing the non reelection process. Teachers continue to work at full pay and benefits until the last day of the school year, June 7. If a teacher chooses to resign, the right to challenge the non reelection is waived. Teachers who chose to resign are allowed to apply for unemployment benefits because FSUSD does not challenge the claim for benefits. The decision to resign must be made quickly after meeting with Human Resources and cannot be revoked. All notices must be accepted no later than March 6th.

9. Non Reelection If resignation is not chosen, the non reelection process continues: The certificated employee’s name is included on a resolution presented to the Governing Board for a vote in closed session. The names on the resolution are not made public. Non reelected teachers continue to work at full pay and benefits until the last day of the school year, June 7. Teachers are allowed to apply for unemployment benefits because they are terminated from employment.

11. But I want to stay... ...and we want you to stay too! Sadly, there is little to nothing an employee can do to fight the non reelect process. It is extremely unlikely that a non reelection will be overturned. Remember, management will not give a reason for their decision because they do not have to. In fact, if they did we would have grounds to challenge it. Principals know this and will not have a discussion about the decision to non reelect. Neither will anyone in Human Resources. Be prepared for very scripted interactions at both levels. Sterling evaluations, portfolios, and letters of recommendation will not be considered. Even on the narrow perimeters we can launch a challenge, the process takes months and will not be resolved before the beginning of the school year.

12. Future employment applications In the past, many teachers choose to resign rather than be non reelected because it allowed them to state on future job applications that they had not been non reelected. Many districts, and EdJoin, have rewritten the question to ask if an applicant has been non reelected OR resigned in lieu of non reelection. In a teacher shortage, this may not be as significant as in the past and may not have an effect on employment opportunities. Regardless of a decision to resign or be non reelected, it is an individual’s choice how this question is answered during the application process. Should you chose to do so, you may apply for positions in FSUSD as an outside candidate.

13. What if I know FSUSD is not for me? As with any decision, only you know what is best for you. If you are certain you do not want to work in FSUSD next year, you may choose to submit a Notice of Voluntary Separation at any time, effective on the last day of school, June 7. While technically this does not eliminate the possibility of the non reelection process, it is highly unlikely management will move toward non reelection if a notice is on file. The Notice of Voluntary Separation must be filed prior to the first conversation with the principal about non reelection. This option allows you to apply for jobs in other districts, controlling the narrative for your resignation. Your voluntary separation cannot be reversed once accepted so be sure of your decision.

15. What can I do if I learn I am in the process of non reelection? Repeat after me. “This is not a reflection of my abilities and skills as a teacher.” As much as it feels horrible to begin the process of non reelection, this is not on you! You worked to improve your skills, you participated in professional development, you slaved over improving lesson plans, you worked nights and weekends grading papers and calling parents, you bought all the classroom supplies to make the environment fun and engaging, you did everything everyone asked of you during the avalanche of walk throughs, you are adored and supported by your students, peers and coaches...

16. You will live to teach another day! It will be somewhere else and those students and staff need you! This experience was just a bad fit. Decide on your options and move forward. Apply in other districts Attend job fairs Advance your career Once hired and flourishing no one will know how you came to the new district unless you choose to share your story. Seek out your new local association leaders and sign your membership form.

17. Thank you for coming... ...any questions?