Understanding the Non-Reelection Process
The non-reelection process in California education, including probationary status, termination criteria, and the importance of due process rights for certificated employees. Learn about the reasons for non-reelection and the significance of the probationary period in evaluating educators' suitability for permanent status.
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Presentation Transcript
What Everyone Needs to Know about the Non Reelection Process What is it? When does it happen? What are the options?
What is probationary status? There are four classifications for certificated employees: Permanent ( unit members) Probationary (unit members) Temporary (unit members) Substitute (not eligible) 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
Credentialing and Status are Complex Credentialing and Employment Status are governed by California Education Code and other legal statutes. It is very important members new to the profession and to FSUSD become members or transfer their membership. Membership not only provides Educator Employment Liability insurance but also access to legal representation in case of non reelection or lay-offs (RIFs - Reduction in Force). With more avenues open to obtain credentials, and more credentialing options, CTA Legal Services are more critical than before and only available to FSUTA members.
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 of their Probationary 2 year. 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.
Why does this process exist? The two year probationary period (after a preliminary credential or district transfer) should be used as a coaching period to determine if a credentialed employee has the skills and abilities necessary for our profession and be successful in FSUSD. In exchange for this probationary period of at will employment, our union secured due process rights for permanent status members. Non reelection should not be used as punishment or discipline against an employee. It should not come as a surprise. Has non reelection been abused in the past in FSUSD? Yes Are their signals the non reelection process is improving in FSUSD? Yes
Responsibility Shifting Responsibility for non reelection decisions and discussions are shifting from Human Resources to Site Administrators. The reason for the shift is to hold principals more accountable in the process. The Assistant Superintendent of Human Resources works with principals to finalize the list of notices of non reelection. An opportunity for input may be offered to the FSUTA president prior to Human Resources finalizing the list. Once the decisions are made, principals are being trained to handle the non reelection discussion with the probationary member. The principals training includes the importance of bringing the Site Representative, or other representative, into the meeting between site administrator and member.
March 15th is Non Reelection time? Yes and No March 15th is the last day for a Governing Board to pass a resolution of non reelection. In FSUSD this resolution is taken to the Trustees at the last regularly scheduled board meeting prior to March 15 ( March 11, 2021). It is with this vote that non reelection actually occurs. The non reelection process begins much earlier. In December, principals send a preliminary list of potential non reelects to Human Resources. This list is updated through January and early February. Evaluating administrators should discuss performance concerns with probationary employees during post observation conferences. However, failure to do so does not prevent the non reelection process from occurring.
New Hires The probationary period begins again with a move to a new district (Probe years 1 and 2). For the purpose of non reelection 75% of an academic year = 1 year. New Hires to FSUSD who previously held permanent status in their former district are probationary status for two years. Fully credentialed members who are new hires in FSUSD are subject to non reelection. Fully credentialed new hires may be released from FSUSD anytime during their probationary period until March 15 of their Probationary 2 year. If no notice is received by the deadline, permanent status is achieved on the first work day of the following academic year.
Preliminary Credentials Preliminary credential holders must be employed for two consecutive years (Probe years 1 and 2). For the purpose of non reelection 75% of an academic year = 1 year. Preliminary credential holders are subject to non reelection. They may be released from FSUSD anytime during their probationary period until March 15 of their Probationary 2 year. If no notice is received by the deadline, permanent status is achieved on the first work day of the following academic year.
STiPS, PIPs, Intern Credentials STiSP (Short Term Staff Permit) and PIPs (Provisional Intern Permit) holders and Interns are considered in FSUSD as Probe 0 employees. The time prior to earning a preliminary credential or Intern status will not count toward the two years required for permanent status. An Intern will have one year credit toward permanent status if the employee obtains a preliminary credential and subsequently is reemployed for the following academic year. STiPs, PIPs, and Interns may be released from FSUSD anytime during their probationary period.
Site Representative Role Support and Information are the two jobs of the Site Representative in the non reelection process. This can be devastating news, especially if the members is blind-sided (no discussion during post observation conferences). Support Empathy- members may already feel judged. Confidentiality - rumors and gossip spread quickly. Do not start any and stop any you hear. Patience - Frustration/anger/confusion may be high because NO reasons for non reelection can be given. Information - schedule a time to review options and clarify questions.
Information - Resignation Members may choose to voluntarily separate from FSUSD rather than completing the non reelection process. If this option is chosen, there will be no record of non reelection. Officially, they resigned their position in FSUSD. Members will be given a deadline to file the Notice of Separation but it does not have to be signed at the time of the meeting with site administration. The resignation is effective the last work day of the school year (June 9, 2021). They will not be allowed to resigned prior to the end of the school year (except in extreme circumstances). Until 6/9/21, members are required to provide service to FSUSD and will receive their full pay and benefits. Failure to do so may result in termination with consequences for their credential or future credential.
Information - Non Reelection If resignation is not chosen, or the deadline to voluntarily separate is missed, 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 (March 11, 2021). The names on the resolution are not made public. Their employment record will indicate they were non reelected by FSUSD. Non reelected members continue to work at full pay and benefits until the last day of the school year, June 9, 2021. Failure to do so may result in termination with consequences for their credential or potential credential.
Unemployment Benefits Members who complete the non reelection process (name is placed on the Governing Board resolution) are eligible for unemployment benefits because they are terminated from their employment. Historically, many members who resigned have also applied for and received unemployment benefits but these are not guaranteed. EDD understands the non reelection process and many members who resigned have received unemployment benefits. Remember, we are in a teacher shortage. Most members will have no difficulty finding other positions if they choose to stay in education. We recommend they begin applying immediately for positions in the 2021-2022 year.
Future employment applications In the past, many teachers choose to resign rather than be non reelected because it allowed them to truthfully answer no to the question if they had been non reelected. Many districts, and EdJoin, have rewritten the question and now ask if an applicant has been non reelected OR resigned in lieu of non reelection. 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. With a teacher shortage, and FSUSD s past history, a non reelection may not become a factor on future applications. A non reelected member may apply for positions in FSUSD as an outside candidate.
Recourse to non reelection A probationary status member has almost no recourse to overturn a non reelection. Education Code prevents management from giving a reason for the decision. In fact, if a reason is given, it is one of the few grounds to challenge a non reelect. Because of this, prepare your member that little or no discussion will occur at the meeting with the principal. The principal may have another administrator attend the meeting so it is important our member does not go alone to the meeting. If you believe a member was non reelected due to union activities, or if you believe anything else in the process is questionable, please contact me immediately. 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. If resignation is chosen, the right to challenge is waived.
Encourage your Probationary Members to be Proactive Probationary status members who are concerned, or perhaps every probationary status member, should consider discussing this topic with the evaluator during each post observation conference. Ask, Do you have any performance concerns that might lead you to consider me for non reelection? The answer should provide reassurance or start the discussion of what the evaluator wants to see in improvements. Ask the evaluator to be specific and help develop an action plan. Ask for the plan in writing and ask for written updates on progress made. We are working toward the day when no member is surprised by a non reelection notice. Our members must do their part as active participants and bring in their union early if problems develop with the site administrators or the process.
Does this mean probationary members should not participate in FSUTA? NO Participation in union activities is the guaranteed right of every member. It may take time for some principals to learn that being anti-union is not a ticket to advancement in FSUSD, but that message is clearly being sent. It is one of the most encouraging shifts in our culture to date. We must not perpetuate the idea that being a FSUTA member is somehow dangerous or threatening. We cannot advise our members to hide in the shadows for two or more years then expect them to embrace the light. Union involvement starts with being proactive on our own behalf with support from all.
