SSS Regulations - Laws and Regulations (CA Dept of Education) by Umv8VmhZ

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									 1                                        Title 5. EDUCATION
 2                        Division 1. California Department of Education
 3          Chapter 18. California State Special Schools For the Deaf, or Blind, or
 4                   Neurologically Handicapped State Diagnostic Centers
 5                                    Subchapter 1. Employees
 6     Article 1. Pay Plan for the Exempt Teaching Staff of the State Special Schools
 7                                      and Diagnostic Centers
 8
 9   § 17600. Application of Article.
10      This article applies to members of the teaching staff of a special school a person
11   employed by a state special school or diagnostic center, and who is appointed to a
12   classification designated exempt from civil service under California State Constitution,
13   article VII, section 4(i). If the provisions of this article are in conflict with the provisions
14   of a memorandum of understanding reached pursuant to Government Code section
15   3517.5, the memorandum of understanding shall be controlling.
16   NOTE: Authority cited for Chapter 1, except Article 2: Sections 59003, 59103 and
17   59203, Education Code. Reference: Sections 59003, 59103 and 59203, Education
18   Code. Issuing Agency: State Department of Education by Superintendent of Public
19   Instruction.
20
21   § 17601. Definitions.
22      The following words have in this Chapter the meaning specified in this section:
23      (a)(c) Administrator. "Administrator" means the site superintendent of a special
24   school or the director of a diagnostic center.
25      (b)(g) Annual Salary. "Annual school term salary" means the product of 12 times an
26   employee's monthly salary specified for the position.
27      (c)(b) Employee. "Employee" means a member of the exempt teaching staff of a
28   special school.
29      (d) “Exempt classification” means a classification established to employ persons
30   exempt from civil service under California Constitution Article VII, section 4(i).
31      (e) “Exempt staff” means all employees, unless otherwise excluded, appointed to an
32   exempt classification.
33      (f) "Full-time service" means full-time service as one of the following:
 1      (1) A school term employee, for 90% of the work days in one school term applicable
 2   to the employee.
 3      (2) A fiscal year employee, for 90% of the work days in one fiscal year.
 4      (g) “Managerial employee” means an employee appointed to an exempt
 5   classification that is designated managerial under Government Code section 3513(e).
 6      (h) Personal Necessity Leave Day. "Personal Necessity Leave Day" means one a
 7   day during the school term which may be used without reduction of salary to attend to
 8   personal or family needs requiring immediate attention and which cannot be dealt with
 9   during nonworking hours.
10      (i)(d) School Holiday. "School holiday" means a day designated as a school holiday
11   in the bulletin academic calendar of the special school.
12      (j)(e) School Term. (1) "School term" as it applies to a teacher except a supervising
13   teacher means the period which the administrator of a school shall designate beginning
14   in any fiscal year with the first day upon which members of the teaching exempt staff
15   who are employed for the school term whose principal duty is to perform actual
16   teaching on the campus of the school are required to be present for duty and ending in
17   the following calendar year with the last day those members are required to be present
18   for duty, and shall include at least 175 actual days of teaching 184 work days. The total
19   number of workdays in the school term may vary by exempt classification and by
20   special school.
21      (2) "School term" as it applies to a supervising teacher means the period which the
22   administrator of a school shall designate beginning in any fiscal year with the first day
23   upon which members of the teaching staff whose principal duty is that of supervision
24   are required to be present for duty and ending in the following calendar year with the
25   last day those members are required to be present for duty, excluding, however, any
26   summer session service for which such a person may be employed.
27      (k)(a) Special School. "Special school" means any one campus of the California
28   Schools for the Deaf (CSD), Berkeley, the California School for the Deaf, Riverside, the
29   California School(s) for the Blind (CSB), or the State Diagnostic Centers School for the
30   Neurologically Handicapped, Northern California, and the Diagnostic School for the
31   Neurologically Handicapped, Southern California.
32      (l) SSPI” means State Superintendent of Public Instruction.
33      (m) “Summer Session” means a period between the end of one school term and the
                                                  2
 1   beginning of the following school term during which exempt staff members may be
 2   present for duty.
 3      (n) “Supervisory employee” means an employee appointed to an exempt
 4   classification that is designated supervisory under Government Code section 3513(g)
 5      (o) “Vacation credit” means time for which the employee may be absent from duty
 6   on pay status.
 7      (p) (f) Teacher Workday. "Teacher wWorkday" means each day during the school
 8   term designated by the administrator as a teacher workday for school term exempt
 9   employees, regardless of whether or not any such teacher workday is a legal holiday
10   enumerated in Government Code Section 18025. Said teacher workdays shall be
11   designated for any five days per week during the school term unless an academic
12   holiday or holidays fall thereon.
13   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. and
14   rReference cited: Sections 59003, 59103 and 59203, Education Code.
15
16   § 17602. Fixing of School Term, Summer School Session, and School Holidays.
17      The administrator of a special school shall annually for pay plan purposes:
18      (a) Fix and publish the annual bulletin academic calendar of the special school
19   including the beginning and ending dates of the school term as it applies to a teacher
20   except a supervising teacher the exempt staff and, if a summer school session is held,
21   the summer school session. Any combination of work days in any fiscal or calendar
22   year is allowed for the school term or the summer session subject to the minimum
23   number of work days set forth in section 17601(i).
24      (b) Publish in the annual bulletin academic calendar of the special school all days
25   designated by the administrator as school holidays.
26      (c) Certify to the SSPI Superintendent of Public Instruction and to the State
27   Controller prior to the beginning of each school term:
28      (1) The beginning and ending dates of the school term and of the summer school
29   session.
30      (2) The number of teacher exempt staff workdays in the school term and summer
31   school session, respectively.
32      (3) The number and dates of school holidays in the school term and summer school
33   session, respectively.
                                                 3
 1      (d) (4) Whenever there is a difference, certify separately tThe school term, teacher
 2   workdays, and school holidays for each exempt school term classification. fixed for
 3   supervising teachers.
 4   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
 5   Sections 59003, 59103 and 59203, Education Code.
 6
 7   § 17603. Amendment of Calendar.
 8      The administrator, subject to the approval of the Superintendent of Public
 9   Instruction SSPI or designee, may, at any time during the year, certify to the SSPI
10   Superintendent of Public Instruction and the State Controller an amendment to the
11   calendar previously submitted.
12   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
13   Sections 59003, 59103 and 59203, Education Code.
14
15   § 17604. Classification Categories of Employees for Pay Plan Purposes.
16      For pay plan purposes, the following classes categories of employees of the special
17   schools are established:
18      (a) School term employee -an exempt employee who is required to render service
19   under any of the following pay roll titles for the applicable for only the school term only
20   at a special school:.
21      (1) Teacher, except a person performing duties under Education Code Section
22   59112 or 59141.
23      (2) Supervising teacher.
24      (b) Summer school teacher session employee -an exempt employee employed to
25   render service in a summer school session conducted by a special school.
26      (c) Fiscal year employee -an exempt employee employed to render service in a
27   special school for the full fiscal year. in a position for which a specified number of days
28   of vacation are allowed for each month of service and who is required to work on state
29   workdays unless he is on vacation. Each of the following persons, among others, is
30   required to work on state workdays unless he is on vacation:
31      (1) An employee described in Education Code Section 59112 (field worker).
32      (2) An employee whose payroll title is "Principal."
33      (d) Substitute teacher -an exempt employee whose pay roll title is "Substitute
                                                  4
 1   teacher" and who is employed for a limited period to perform the duties of a regular
 2   teacher who is absent from duty.
 3      (e) Reader for the blind -an exempt employee whose duties are to aid a blind
 4   student with his studies read for blind persons.
 5   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
 6   Sections 59003, 59103 and 59203, Education Code.
 7
 8   § 17604.1. Establishment of Exempt Classifications.
 9      The SSPI or designee shall establish, modify, or abolish exempt classifications. For
10   each classification and assignment the SSPI may determine the minimum
11   requirements, including experience, education, and license or credential, consistent
12   with California licensing or credentialing requirements. One or more classifications may
13   be established with the title of teacher, teacher specialist, supervising teacher,
14   assistant site superintendent, site superintendent, diagnostic center director, substitute
15   teacher, reader for the blind, or other title as deemed necessary.
16   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
17   Sections 59003, 59103 and 59203, Education Code.
18
19   § 17605. Effective Date of Initial Appointment.
20      The effective date of the appointment of an exempt employee of a special school
21   shall be the date the employee reports for duty. as follows:
22      (a) When the appointment is as a school term employee who reports for duty at the
23   beginning of the school term, the first day of the state pay period during which the
24   school term begins.
25      (b) Except as otherwise provided in this section, the date of appointment to a
26   position in a special school shall be the date the employee reports for duty.
27   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
28   Sections 59003, 59103 and 59203, Education Code.
29
30   § 17605.1. Failure to Meet a Requirement for Continuing Employment.
31      An employee who fails to meet a requirement for continuing employment, including
32   the possession of a license or credential, may be terminated, demoted, or transferred
33   by serving upon the employee, either personally or by certified mail, a written notice
                                                  5
 1   thereof, at least five calendar days prior to the effective date of the action. The notice
 2   shall inform the employee of the proposed action and allow the employee the
 3   opportunity to discuss it with the SSPI or designee prior to the effective date. Within
 4   thirty days after receipt of notice of action under this section the employee may appeal
 5   the action to the State Personnel Board (SPB). When the employee regains the
 6   requirement for continuing employment, the employee may be reinstated to the
 7   position.
 8   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
 9   Sections 59003, 59103 and 59203, Education Code.
10
11   § 17606. Pay Plan for School Term Employee.
12      (a) Pay for Entire School Term. A school term employee who completes all the
13   service required for an entire school term shall for such service be paid his or her
14   annual school term salary in installments payable on state pay days covering the period
15   of one year beginning with the effective date of his appointment to the position. The first
16   installment shall be paid on the first an appropriate state pay day following the effective
17   date of his appointment for the year and shall be the amount of the established monthly
18   salary for the position. If such employee separates from the position following the
19   completion of his assigned duties in the position but prior to the end of the period of a
20   year, he the employee may on separation be paid as a final settlement the unpaid
21   balance of the salary due him, such balance to be computed by taking into account
22   changes, if any, in the salary rate and time base. Such balance will equal the amount
23   which the employee would have been paid had he continued in if employment had
24   continued until the end of the period of a year. For each month the employee works
25   one-half or more of the workdays certified to the Controller for that month the employee
26   shall be granted a qualifying pay period.
27      (b) Interim Adjustment in Pay Due to Noncompensable Absence. If, because of a
28   late start or noncompensable absence of a school term employee, it is necessary to
29   reduce the salary payment for any state pay period, the interim reduction for that period
30   shall be computed as follows:
31      (1) First Step - Divide the annual salary by 210. The annual salary shall be the
32   monthly salary rate in effect at the time of dock multiplied by twelve.
33      (2) Second Step - Divide the number of hours on dock by 8.
                                                   6
 1      (3) Third Step - The amount of dock shall be the result of the first step multiplied by
 2   the result of the second step.
 3
 4   Amount of Dock = Annual Salary x Number of hours on dock
 5                   210                       8
 6
 7      (c) If the amount of dock computed in any one pay period would result in zero or
 8   minus pay, the dock pay shall be calculated as follows:
 9      (1) First Step - Divide the annual salary by 210. The annual salary shall be the
10   monthly salary rate in effect at the time of dock multiplied by twelve.
11      (2) Second Step - Divide the number of hours on dock by 8.
12      (3) Third Step - The amount of dock shall be the result of the first step multiplied by
13   the result of the second step.
14
15   Amount of Dock = Annual Salary x Number of hours on dock
16             210                             8
17
18      (d)(c) Settlement Payments. A school term employee who serves less than a school
19   term, or whose pay has been adjusted due to a late start or a noncompensable
20   absence, or who has had a change in time base, or who is transferred to service in a
21   position other than as a school term employee shall, on the state pay day immediately
22   following the final state pay period for which he was appointed and has served or at the
23   time he separatesed or transfersred from the school term position, receive a final
24   settlement payment computed in accordance with the following formula:
25      (1)(First step)- The total salary earned equals the total days worked by the
26   employee divided by the number of workdays in the school term for the employee’s
27   classification; the resulting figure is multiplied by the employee’s annual school term
28   salary.
29   Total salary earned =
30   Total teacher workdays worked/ Number of teacher workdays in school term x Annual
31   school term salary
32      (2)(Second step)- The amount of settlement pay equals the total salary earned
33   minus the salary payment previously received by the employee for the current school

                                                   7
 1   term.
 2   Amount of settlement =
 3   Total salary earned - Salary previously payment received for current school term
 4      (e)(d) Report to Controller. The final settlement payment shall be computed by the
 5   special school and a copy of such computation furnished to the State Controller's
 6   disbursing office.
 7   NOTE: Authority cited: Sections 59003, 59113, and 59203, Education Code.
 8   Reference: Sections 59003, 59113, and 59203, Education Code.
 9
10   §17607. Pay Plan for Summer Session Employee.
11      (a) For service during the summer session, an exempt school term employee,
12   except a fiscal year employee, employed as a summer school teacher shall be paid at
13   the monthly salary rate established for his school term the summer session position,
14   but not to exceed a total of two months' salary, in addition to any salary due him for
15   service during the school term.
16      (b) Any other summer session employee shall be paid at his monthly salary rate
17   established for the position, but not to exceed a total of two months' salary.
18   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
19   Sections 59003, 59103 and 59203, Education Code.
20
21   § 17608. Pay Plan for Other Exempt Employees.
22      (a) The workdays and pay plan for a fiscal year exempt employees and the pay plan
23   for substitute teachers and readers for the blind shall be the same as for a state civil
24   service employee. The employee shall be paid at his the established monthly, per
25   diem, or hourly salary rate for the position on each state pay day for the time served by
26   him during the immediately preceding state pay period. Whenever a school work day
27   falls on a state holiday the administrator may authorize appropriate compensation for
28   working on the holiday.
29      (b) A substitute teacher or reader for the blind shall be paid at the established daily
30   or hourly rate for the position on each state pay day for the time served during the
31   immediately preceding state pay period.
32   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
33   Sections 59003, 5910, and 59203, Education Code.
                                                  8
 1   § 17609. Personal Necessity Leave Days.
 2      Each certificated employee in the special schools may be allowed one (1) personal
 3   necessity leave day each school year The SSPI or designee may authorize one or
 4   more personal leave days for each exempt employee, except a substitute teacher or
 5   reader for the blind, in conformance with criteria and procedures developed and
 6   administered by the State California Department of Education.
 7   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. and
 8   rReference cited: Sections 59003, 59103 and 59203, Education Code.
 9
10                          Article 2. Work Days and Vacations Credit
11
12   § 17624. Application of Article.
13      This article applies to a person employed by a state special school or diagnostic
14   center, and who is appointed to a classification designated exempt from civil service
15   under California State Constitution, article VII, section4(i). If the provisions of this article
16   are in conflict with the provisions of a memorandum of understanding reached pursuant
17   to Government Code section 3517.5, the memorandum of understanding shall be
18   controlling.
19   NOTE: Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code.
20   Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
21
22   § 17625. Definitions.
23      Definitions contained in Aarticle 1 apply to this article:.
24   NOTE: Authority cited for Article 2: Sections 33119, 59003, 59103 and 59203,
25   Education Code. Reference: Sections 33119, 59003, 59103 and 59203, Education
26   Code. Issuing agency: Superintendent of Public Instruction.
27
28   § 17626. Categories and Classifications of Employees for Vacation Purposes.
29      For vacation purposes, employees are classified the same as for pay plan
30   purposes. Categories of employees contained in section 17604, and classifications of
31   employees contained in section 17604.1, apply to this article.
32   NOTE: Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code.
33   Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
                                                    9
 1   § 17627. School Term Exempt Employees.
 2      (a) Each school term employee is not required to work allowed vacation on days
 3   falling between the end of one school term and the beginning of the next school term,
 4   or on and on days certified to the Controller as holidays during the school term as
 5   certified to the State Controller on the academic calendar for the employee’s exempt
 6   classification. , except that the number of holidays so scheduled and observed on
 7   regular state workdays which is equal to the number of state holidays on which a
 8   school term employee is required to work is compensating time off for time worked on
 9   state holidays. A school term employee does not earn additional compensation for time
10   worked on an official state holiday.
11      (b) A principal employed supervising teacher in the California School for the Deaf
12   CSD or in the California School for the Blind CSB shall be employed for a school term
13   of at least 194 204 days.
14      (c) An assistant superintendent in the CSD or in the CSB shall be employed for a
15   school term of at least 204 days.
16      (cd) A principal employed supervising teacher in the Diagnostic Center School for
17   Neurologically Handicapped Children shall be employed for a school term of at least
18   219 199 days.
19      (e) A diagnostic center director shall be employed for a school term of at least 224
20   days.
21      (f) A school term employee does not earn vacation credit.
22   NOTE: Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code.
23   Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
24
25   § 17628. Fiscal Year Employees.
26      (a) Vacation Credit for Full-time Employment. On the day following completion of six
27   months qualifying pay periods of continuous service, an employee rendering full-time
28   service as a fiscal year employee shall be allowed 10 1/2 workdays of credit for
29   vacation credit with pay. Thereafter, for each additional calendar month of full-time
30   service he qualifying pay period such employee shall be allowed on the first day of the
31   following month pay period 1 3/4 workdays of credit for vacation credit with pay.
32      (b) Vacation Credit for Less Than Full-time Employment. A fiscal year employee
33   rendering service on less than a full-time basis, and who has completed at least six
                                                 10
 1   months qualifying pay periods of continuous service in this type of position, shall for
 2   such service be allowed on the first day of the pay period following completion of 960
 3   hours of paid employment in the position or positions 10 1/2 workdays of credit for
 4   vacation credit with pay. Thereafter, on the first day of the month pay period following
 5   completion of additional service of 160 hours in the position or positions, the employee
 6   shall for that service be allowed 1 3/4 workdays of credit for vacation credit with pay.
 7      (c) Accumulation. A fiscal year employee shall be permitted to accumulate and to be
 8   paid for vacation credit in accordance with the provisions of California Code of
 9   Regulations, title 2, sections 599.737 and 599.738 Section 383 of Title 2 of the
10   California Administrative Code.
11      (d) Right to Vacation. The administrator of the special school in which a fiscal year
12   employee is employed shall determine when the employee shall take vacation. In the
13   event the administrator does not provide vacation for two successive calendar years,
14   the employee may take, as a matter of right, not more than 21 days of accumulated
15   vacation immediately preceding the end of the second of the successive calendar
16   years, the balance of his accumulated vacation to remain to his credit. an employee
17   sufficient to reduce accumulated vacation credit to the amount permitted by sections
18   599.737 and 599.738 as of January 1, the provisions of California Code of Regulations,
19   title 2, section 599.742 shall apply.
20      (e) A site superintendent in the CSD or in the CSB shall be a fiscal year employee.
21   The SSPI or designee may establish other exempt classifications in which a person
22   may be employed for the fiscal year.
23   NOTE: Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code.
24   Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
25
26   § 17629. Summer Session Employees, Substitute Teachers, and Readers for the
27   Blind.
28      (a) An employee rendering service as a summer session employee, a substitute
29   teacher, or a reader for the blind is not allowed does not earn vacation rights credit for
30   such service.
31      (b) A summer session employee does not earn additional compensation for time
32   worked on an official state holiday.
33   NOTE: Authority cited: Sections 33119, 59003, 59103 and 59203, Education Code.
                                                 11
 1   Reference: Sections 33119, 59003, 59103 and 59203, Education Code.
 2
 3    Article 3. Tenure Rights of Exempt Staff School Term Employees and Principals
 4
 5   § 17630.1. Application of Article.
 6      This article applies to a person employed by a state special school or diagnostic
 7   center, and who is appointed to a classification designated exempt from civil service
 8   under California State Constitution, article VII, section4(i), except a person employed
 9   temporarily. Substitute teacher and reader for the blind shall be temporary
10   appointments for purposes of tenure. If the provisions of this article are in conflict with
11   the provisions of a memorandum of understanding reached pursuant to Government
12   Code section 3517.5, the memorandum of understanding shall be controlling.
13   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
14   Sections 59003, 59103 and 59203, Education Code.
15
16   § 17630.2. Categories and Classifications of Employees, and Definitions.
17      (a) The designation of classes of members of the teaching staff of a special school
18   categories of employees established by Ssection 17604 and the exempt classifications
19   established by section 17604.1 applyies to this article, except as excluded in section
20   17630.1.
21      (b) Definitions contained in section 17601 apply to this article.
22      (c) A "pre-tenure employee" means an exempt employee is a school term employee
23   or principal at a particular special school who does not have tenure.
24      (bd) "Tenure" is means the right, under the provisions of this article, of an employee
25   to continued full-time employment as a teacher in an exempt classification that is not
26   designated supervisory under Government Code section 3513(g) or managerial under
27   Government Code section 3513(e), at a particular special school, subject to
28   resignation, dismissal, suspension, and or termination as provided in this article.
29      (de) A "tenure employee" means an exempt employee is a person who has met the
30   tenure requirements under the provisions of section 17631.
31      (e) "Full-time service" means full-time service as one of the following:
32      (1) A school term employee, for 75% of the teacher work days in one school term
33   applicable to the employee.
                                                  12
 1      (2) A principal, for 75% of the work days applicable to him in one fiscal year.
 2   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
 3   Sections 59003, 59103 and 59203, Education Code.
 4
 5   § 17631. Acquisition of Tenure.
 6      Tenure is acquired by meeting all of the requirements specified in any one of the
 7   following subsections:
 8      (a) Full-time service as a pre-tenure employee at one special school in one or more
 9   exempt classes, except service in classes excluded from tenure in sections 17630.1
10   and 17632(c), of employees for three successive school terms or fiscal years, as
11   applicable; and commencement of service upon reappointment for full-time service at
12   that special school for the next school term or fiscal year, as applicable. The tenure is
13   in that special school.
14      (b) Voluntary transfer, including transfer in lieu of layoff, promotion, or demotion, of
15   a tenure employee at one special school to another special school for the same type of
16   student; full-time service for one school term, or fiscal year, as applicable, immediately
17   following the transfer, in the special school to which the employee so transferred; and
18   commencement of service under reapportionment upon reappointment for full-time
19   service at that special school for the next school term or fiscal year, as applicable. At
20   the date of commencement of service for the second school term, or fiscal year, as
21   applicable, at that special school, the transferee shall lose tenure at the special school
22   from which he transferred, and shall have tenure at the special school to which he
23   transferred. If the transferee is notified that commencement of service for the second
24   school term, or fiscal year, as applicable, will not occur, the transferee shall be
25   reinstated to the special school from which transferred and appointed to the
26   classification at which tenure is earned at that special school. If such reinstatement
27   creates a need for a layoff at the special school to which returned, the layoff provisions
28   under sections 17638 – 17642, inclusive, shall apply.
29      (c) Transfer of a pre-tenure employee from a special school to a newly established
30   special school for the same type of student; rendition of full-time service for three
31   successive school terms or fiscal years, as applicable, at either or both of such special
32   schools, and commencement of service under upon appointment for full-time service at
33   the newly established special school for the next school term or fiscal year, as
                                                  13
 1   applicable. At the date of such commencement of service, the transferee shall lose all
 2   rights toward tenure at the school from which he transferred and shall have all such
 3   rights tenure only at the special school to which he transferred.
 4      (d) Full-time service in a special school by a pre-tenure employee for at least one
 5   school term or fiscal year, as applicable; transfer, including promotion or demotion, to
 6   an existing special school and rendition of full-time service therein for two successive
 7   school terms or fiscal years, as applicable; and commencement of service therein
 8   under a reapportionment upon reappointment for full-time service at that special school
 9   for the next school term or fiscal year, as applicable. At the date of commencement of
10   service under such reappointment, the transferee shall lose all rights toward tenure at
11   the school from which he transferred and shall have tenure only at in the special school
12   to which he transferred.
13   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
14   Sections 59003, 59103 and 59203, Education Code.
15
16   § 17632. Tenure of a Principal or Supervising Teacher Supervisory or Managerial
17   Employee.
18      (a) A principal or supervising teacher supervisory employee at a school for the deaf
19   or school for the blind may acquire tenure only as a teacher.
20      (b) A supervisory employee at a diagnostic center may acquire tenure only as a
21   teacher specialist.
22      (c) A managerial employee does not acquire tenure for such service.
23   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
24   Sections 59003, 59103 and 59203, Education Code.
25
26   § 17633. Reappointment and Notice of Intention Not to Reappoint.
27      A pre-tenure employee shall be deemed to be reappointed for the school term or
28   fiscal year, as applicable, succeeding the school term or fiscal year in which he is
29   serving, unless by March 1 the superintendent of the school gives him notice that he
30   will not be reappointed. The notice shall be in writing, signed by the superintendent of
31   the school, and given in either of the following ways:
32      (a) Mailed, by certified mail, return receipt requested, to the employee at his last
33   known address.
                                                 14
 1      (b) Delivered to the employee in person and his written receipt of the notice
 2   secured. If the employee refuses to sign the receipt of notice, an affidavit of service
 3   made by the person delivering the notice and filed with the superintendent of the school
 4   shall be deemed the equivalent of acknowledgment of receipt of notice.
 5
 6   § 17634. Acceptance of Appointment or Reappointment.
 7      (a) A pre-tenure or tenure employee shall be deemed to have accepted an
 8   appointment or reappointment for full-time service for the succeeding school term or
 9   fiscal year, as applicable, unless he gives written notice to the superintendent of the
10   school by April 1 that he resigns effective on or before the close of the school term or
11   fiscal year, as applicable, in which he is serving.
12      (b) An employee who has accepted full-time employment for a school term or fiscal
13   year, as applicable, but without good cause fails to render full-time service for that
14   school term or fiscal year shall be deemed to have conducted himself unprofessionally.
15
16                  Article 4. Separation of Tenure or Pre-tenure Employees for
17                                Lack of Funds or Lack of Work
18
19   § 17638. Application of Article.
20      This article applies to a person employed by a state special school or diagnostic
21   center, and who is appointed to a classification designated exempt from civil service
22   under California State Constitution, article VII, section4(i). If the provisions of this article
23   are in conflict with the provisions of a memorandum of understanding reached pursuant
24   to Government Code section 3517.5, the memorandum of understanding shall be
25   controlling.
26   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
27   Sections 59003, 59103 and 59203, Education Code.
28
29   § 17639. Definitions, Categories, and Classifications of Employees.
30      (a) Definitions contained in sections 17601 and 17630.2 apply to this article.
31      (b) Categories of employees established in section 17604 apply to this article.
32      (c) Exempt classifications established in section 17604.1 apply to this article.
33   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
                                                    15
 1   Sections 59003, 59103 and 59203, Education Code.
 2
 3   § 17640. Area and Order of Layoff.
 4      Whenever a determination has been made that there is a lack of funds or lack of
 5   work:
 6      (a) The superintendent of a special school SSPI or designee may, without regard to
 7   teaching service area to be reduced area of layoff, separate from service any part-time
 8   exempt staff teacher, substitute teacher, or summer school teacher session exempt
 9   staff. Such persons, if performing the same or comparable work as that performed by a
10   pre-tenure or tenure employee, shall be separated before any pre-tenure or tenure
11   employee whose work is the same or comparable and who desires to continue in
12   employment is laid off under this article.
13      (b) Layoff of pre-tenure and tenure employees shall be by teaching service areas of
14   layoff within a special school. Teaching service areas are: academic classroom
15   teachers, physical education teachers, vocational teachers, and other teachers.
16   Teaching service areas of layoff shall be developed according to the educational needs
17   of students and the operational needs of the special school. Employees in a teaching
18   service area of layoff shall be laid off in the following order:
19      (1) Pre-tenure employees shall be separated without regard to length of service.
20      (2) Tenure employees shall be separated in the inverse order of their length of
21   employment as an employee appointed exempt under California State Constitution,
22   article VII, section 4(i).
23   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
24   Sections 59003, 59103 and 59203, Education Code.
25
26   § 17641. Notice of Layoff.
27      After a determination has been made of the teaching service areas to be reduced
28   and the number of employees to be laid off, the superintendent SSPI or designee shall
29   notify each employee to be laid off that the employee is being laid off for lack of funds
30   or lack of work and the effective date of the layoff. Such notice shall be in writing and
31   mailed by certified mail, return receipt requested, to the employee's last known address
32   as listed in the employee’s official personnel record, or the notice may be delivered to
33   the employee in person and verified by declaration of proof of service. , who shall
                                                   16
 1   acknowledge receipt of the notice in writing. The notice shall be so delivered or mailed
 2   at least thirty days prior to the effective date of the layoff. When curricular shifts or other
 3   program changes which can be anticipated are to be made, those who will be laid off
 4   will normally be notified at least one year in advance. The decision of the SSPI or
 5   designee to issue a notice of layoff is the final decision with respect to the affected
 6   employee. The final decision shall include a determination that the required procedures
 7   have been complied with and that the layoff was made in good faith or was otherwise
 8   proper. The employee may not appeal the final decision of the SSPI or designee.
 9   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
10   Sections 59003, 59103 and 59203, Education Code.
11
12   § 17642. Acceptance of Layoff.
13      An employee to be laid off may elect to accept such layoff prior to the date named in
14   the notice of layoff. If an employee elects to accept early layoff, he the employee shall
15   give notice of such election as soon as possible.
16   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
17   Sections 59003, 59103 and 59203, Education Code.
18
19       Article 5. Disciplinary Actions Termination of a Supervisory or Managerial
20                                          Appointment
21   § 17643. Application of Article.
22      This article applies to a person employed by a state special school or diagnostic
23   center, and who is appointed to a classification designated exempt from civil service
24   under California State Constitution, article VII, section4(i), and who has an appointment
25   as a supervisory employee or as a managerial employee.
26   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
27   Sections 59003, 59103 and 59203, Education Code.
28
29   § 17644. Definitions, Categories, and Classifications of Employees.
30      (a) Definitions contained in sections 17601 and 17630.2 apply to this article.
31      (b) Categories of employees established in section 17604 apply to this article.
32      (c) Exempt classifications established in section 17604.1 apply to this article.
33   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
                                                   17
 1   Sections 59003, 59103 and 59203, Education Code.
 2
 3   § 17645. Cause.
 4   Any ground for which a permanent certificated employee of a school district may be
 5   dismissed or suspended by a school district constitutes ground for suspension or
 6   dismissal of a tenure employee.
 7
 8   § 17646. Notice of Dismissal or Suspension Termination.
 9      The superintendent of a special school, with the approval of the Chief of the Division
10   of Special Education, may give, on behalf of the Superintendent of Public Instruction
11   SSPI or designee, may give notice of dismissal or suspension termination of the
12   appointment of a managerial employee or a supervisory employee by serving upon the
13   employee, either personally or by certified mail, a written notice thereof, at least twenty
14   calendar days prior to the effective date of the termination. The notice shall contain a
15   statement of the ground upon which the dismissal or suspension is based and the date
16   upon which the dismissal or suspension becomes effective inform the employee of the
17   proposed action and allow the employee the opportunity to discuss the termination with
18   the SSPI or designee prior to the effective date.
19   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
20   Sections 59003, 59103 and 59203, Education Code.
21
22   § 17647. Hearing.
23      If the employee, within 10 days of receipt of such notice, files with the Chief of the
24   Division of Special Education a request for hearing, the said chief of the division or a
25   person designated by him shall, within 30 days, hold a hearing at which evidence on
26   behalf of the Superintendent of Public Instruction and on behalf of the employee
27   regarding the existence of grounds for such dismissal or suspension may be presented.
28   The chief of the division shall cause notice of the hearing to be served upon the
29   employee either personally or by certified mail. Testimony at the hearing shall be
30   recorded by means of a recording machine, and written documents presented shall be
31   marked as exhibits and retained by the Chief of the Division of Special Education for
32   the purposes of Section 17648.
33
                                                  18
 1   § 17648. Appeal.
 2      The Chief of the Division of Special Education or his designee, whichever holds the
 3   hearing, shall prepare a written statement that he finds grounds do, or do not, exist for
 4   the employee's dismissal or suspension. A copy of that finding shall be served upon the
 5   employee either personally or by certified mail. Unless within 15 days of receipt of such
 6   finding, a tenure employee appeals to the Superintendent of Public Instruction for
 7   reconsideration of a finding unfavorable to the employee, the dismissal or suspension
 8   is confirmed. An employee may, within that 15 day period, file with the Superintendent
 9   of Public Instruction a notice that he requests reconsideration. The Superintendent of
10   Public Instruction or his appointed deputy superintendent may convene an advisory
11   panel in deciding such appeal. The Superintendent of Public Instruction or such deputy
12   superintendent and, if there is an advisory panel, such panel shall consider the
13   testimony as recorded at the hearing before the Chief of the Division of Special
14   Education or his designee and shall consider any documents submitted as exhibits at
15   the hearing. The determination of the Superintendent of Public Instruction or his
16   appointed deputy, whichever considers the testimony and exhibits, that grounds for
17   dismissal or suspension of the employee do or do not exist shall be final.
18      If, on appeal, the Superintendent of Public Instruction determines that no ground
19   exists for the dismissal or suspension, the person shall be deemed to have been
20   continuously employed through the date of such determination. If, on appeal, the
21   Superintendent of Public Instruction determines that ground exists for the dismissal or
22   suspension, the person shall be deemed to have been dismissed or suspended on the
23   date specified in the notice of dismissal or suspension.
24      Within thirty days after receipt of notice of termination of a supervisory appointment
25   or of a managerial appointment, the employee may appeal to the SPB upon the
26   grounds that the termination was effected for reasons of age, sex, sexual preference,
27   marital status, race, color, national origin, ancestry, disability as defined in Government
28   Code section 19231(a)(1), religion, or religious opinions and affiliations. At the hearing,
29   the employee bears the burden of proving that the termination was for prohibited
30   discriminatory reasons. After the hearing, the SPB may affirm the action of the
31   appointing authority or restore the affected employee to the managerial or supervisory
32   appointment.
33   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
                                                 19
 1   Sections 59003, 59103 and 59203, Education Code.
 2
 3   § 17649. Termination.
 4      The Superintendent of Public Instruction may terminate the employment of a tenure
 5   employee under conditions specified in Education Code Sections 44836 and 44837 or
 6   upon revocation of the employee's credentials without complying with Section 17647 or
 7   17648.
 8
 9   § 17650. Appointment after Termination.
10      (a) A supervisory employee terminated under section 17646, and who meets the
11   tenure provisions under section 17631, shall be appointed to the tenure classification
12   specified in section 17632(a) or (b), as applicable. Such appointment shall be subject to
13   the provisions of section 17631.
14      (b) A managerial employee terminated under section 17646, and who met the
15   tenure provisions under section 17631 prior to the managerial appointment, shall be
16   appointed to the tenure classification specified in sections 17632(a) or (b), as
17   applicable, provided no permanent separation from service occurred between the date
18   the tenure provisions were met and the date of the termination. Such appointment shall
19   be subject to the provisions of section 17631.
20   NOTE: Authority cited: Sections 59003, 59103 and 59203, Education Code. Reference:
21   Sections 59003, 59103 and 59203, Education Code.
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33   2-9-07 [California Department of Education]
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