Posted on Nov 18, 2010
SDEA has received a high volume of calls this year from teachers working in vacancies as day-to-day substitute teachers. Teachers in this circumstance may have had their legal rights violated if they were not asked to sign either a temporary contract or a Kavanaugh notice acknowledging the temporary nature of the position prior to beginning to work in the vacant position.
Education Code Section 44916 requires that “[a]t the time of initial employment during each academic year, each new certified employee of the school district shall receive a written statement indicating his employment status” and that “[i]f a written statement does not indicate the temporary nature of the employment, the certificated employee shall be deemed to be a probationary employee.” This means that non-contracted employees being brought into vacant positions must be asked to sign the Kavanaugh notice or temporary contract on their first workday of each year, and not a day later, in order for the District to have fulfilled its legal obligation.
If you or another member at your site believes your rights under Education Code Section 44916 have been violated this year or in a previous year, and you have yet to be issued a probationary contract, do the following:
1. Compile all of your relevant documents (e.g. Kavanaugh notices, temporary contracts, records that you worked days prior to signing the Kavanaugh notice in a particular year).
2. Write a brief, factual narrative of your circumstances. One to two paragraphs should suffice.
3. Call the SDEA office with your AR and ask for a Contract Specialist. The Contract Specialist will help you and your AR determine whether or not your rights have been violated, and if so, what your next steps are in order to receive a legal referral to remedy the situation.