If I have received a letter from BUSD saying that I have been released as a temporary teacher as of June 15, 2019. What are my rights?
The vast majority of temporary teachers in BUSD are rehired for the next year, and typically on a Probationary 2 contract. While this letter can be alarming, we encourage you to keep this statistic in mind.
State Education Code does not give temporary teachers due process rights and the layoff process does not cover temporary teachers. Temporary teachers can be released with a simple letter from the employer. During the Great Recession most districts routinely released ALL of their temporary teachers and this has now become very routine.
When will I know if I am going to be rehired by BUSD?
BFT is advocating strenuously that temporary teachers the District wishes to rehire be notified as soon as possible, and that these teachers be offered Probationary 2 contracts (which means they are on the road to becoming a permanent teacher the first day of their third year in BUSD). There is not a specific date by which BUSD has to rehire anyone they wish to rehire, but of course the labor market for educators is very tight right now, and BUSD will need to move quickly in order to retain its excellent teachers. The temp rehire process should begin no later than April.
Do I have any rights to be rehired by BUSD?
You have no legal rights to be rehired, but you should be sure to let your principal know that you hope to be rehired in BUSD. Temporary teachers interested in being rehired do not have to complete an entire new application packet.
Does my release mean that BUSD does not think I am a good teacher?
Not necessarily, BUSD will release ALL teachers on a temporary contract. The best way to judge the likelihood that you will be rehired if a position exists is to look at your 2018-2019 evaluation.
BFT is advocating strenuously that BUSD rehire all temporary teacher the District wishes to rehire quickly given the very competitive labor market for teachers in the Bay Area.
Why was I hired on a temporary contract?
The Education Code allows districts to hire a number of temporary teachers to match the number of teachers on leave, and the number of teachers in positions paid for by “soft” categorical money. Due to the recent history of uncertain education funding in California and the large amount of “soft” money in BUSD, it is BUSD’s practice to place all first year teachers on temporary contracts.
Will I be paid during July and August?
Yes, July and August pay is for the work you have already done during the 2018-2019 school year.
What happens to my benefits if I am not rehired by BUSD?
If you work through June 14, 2019 your benefits will continue through August 31, 2019. You are eligible to stay in the BUSD group coverage plan at your own expense for 18 months after August 31, 2019 under a federal law called COBRA.
If I work in BUSD next year, does my 2018-2019 temporary service count toward becoming permanent?
If you work more than 75% of the days of the 2018-2019 school year, your temporary service can count toward becoming permanent if you are rehired by BUSD on a Probationary 2 contract for 2019-2020. Only one year of temporary service can count toward becoming permanent.
How can I be sure I am not on a temporary contract if I am rehired for next year?
The only way to be sure is to carefully review the contract you are offered this Spring, and to request a probationary contract. BFT is advocating strenuously that all temporary teachers who are rehired should be placed on a probationary contract in their second year.
This is a stressful situation. Is there any FREE support available to me?
Yes. The Employee Assistance Program is FREE and completely confidential for all BUSD employees and their family members. You can access the services available through the Claremont provider by calling 800-834-3773. There are legal, financial and counseling services available though this program. For more information, see the FAQ called “Employee Assistance Program” on the BFT website.
In addition, you can receive support from your BFT Site Rep, or by emailing BFT at firstname.lastname@example.org. Unless your question is sensitive, please cc your Site Rep on the email to BFT.
If I am not rehired, am I eligible for unemployment insurance payments?
You may be eligible for unemployment benefits; the best way to find out is to apply. If you are not rehired by June 1, 2019 please contact BFT to request our “Quick Tips” on filing for unemployment insurance.
If I am not rehired by BUSD what happens to my accrued sick leave?
If you go to employment in another California K-12 school district your accrued sick leave is transferred to your new district. If you do not go to another California K-12 district your sick leave stays with BUSD and becomes part of your retirement service credit when you retire. It is a good idea to get a confirmation of your current sick leave balance from BUSD by requesting, via email, a copy of your “STRS Express Benefit” form. You can email this request to Sheila Rose in the Human Resources office via email. When you retire under STRS all unused sick leave contributes to your retirement.