After an investigation conducted by SDEA staff found that SDUSD may be abusing a provision of state law that allows school districts to hire teachers on temporary contracts. We are taking action through our attorney. Our attorney has notified SDUSD’s attorney in writing that the District may be in violation of state law by employing some teachers as temporary instead of probationary.
Possibly Running Afoul of the Law
The California Education Code allows Districts to hire certificated employees on temporary contracts, but only in limited circumstances. Others must be classified as probationary or permanent, both of which afford greater job security than temporary employment.
SDEA staff recently concluded a year-long look into temporary employment practices in SDUSD. The initial finding indicates that nearly a quarter of the 509 temporary employees towards the end of the 2020-21 school year may not have been appropriately identified as temporary.
Why So Many Temporary Contracts?
Hiring teachers as temporary is necessary to replace teachers on leave and those who are working in positions that have short term funding. However, sometimes district administration takes advantage of this framework to hire more than the acceptable number of temporary employees. Districts have fewer obligations to temporary employees. It’s easier to cut temporary employees. And employees who worry about their job security are less likely to stand up at work.
What should I do if I am on a temporary contract, or was last year?
Wait for further updates on this effort in future Union Notes emails and other union updates. If you’re not a member, make sure to join so that if you have a potential legal issue with your contract our union attorneys can support you.
What can I do to support the fight for temporary employees’ rights?
Teachers are only able to mount this fight because we are a union. If teachers were not organized as a union, each temporary teacher would have to get their own attorney and fund their own legal effort. Both the year-long investigation and the legal action is funded by dues-contributing members of SDEA. If you’re not yet a member of SDEA, now is the time to join. The District knows how many of us are members of SDEA, and when all of us are members, that sends a message that educators are united and we have power.
