LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 3Pt. 25Ch. 4Art. 2§ 44846 Teacher Reemployment Priority Rules

§ 44846 Teacher Reemployment Priority Rules

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 44846 Teacher Reemployment Priority Rules

Key Takeaways

  • •If two or more teachers started working on the same day and got laid off, the school decides who gets rehired based on what's best for the school and students, not just who was hired first.
  • •If a teacher asks, the school must explain in writing within 15 days why they picked one teacher over another for rehiring.
  • •Teachers can check their employment records to see their start date, and if records are missing, they can show proof to fix it.
  • •The school must fix any mistakes in the records about who was hired when.

Example

Two teachers, Ms. Smith and Mr. Johnson, started working at the same school on the same day. Both got laid off due to budget cuts. When the school can rehire one of them, they pick Mr. Johnson because he teaches math, and the school needs more math teachers.

The school chose Mr. Johnson because math teachers were needed more, not because he was hired first. If Ms. Smith asks, the school must tell her in writing why Mr. Johnson was picked instead of her.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 44846 Teacher Reemployment Priority Rules

The following general provisions shall apply regardless of date of employment: As between two or more employees who first rendered paid service to the district on the same date, and who, following the termination of services, have a statutory preference to reappointment in the order of original employment, the governing board shall determine the order of reemployment solely on the basis of the needs of the district and the students thereof. Any terminated employee subject to the conditions of this section shall, upon request, be furnished in writing, no later than 15 days following such request, the reasons and basis of the needs of the district and the students thereof utilized by the governing board in determining which employee or employees shall be reappointed. This requirement that the governing board provide, on request, a written statement of reasons for determining the order of reappointment shall not be interpreted to give affected employees any legal right or interest that would not exist without such a requirement. Records showing date of employment, whether kept by the district or by the county, shall be accessible, on demand, to any certificated employee of the district or to his designated representative. In the absence of records as to any of the matters referred to in the two preceding sections, the governing board, in accordance with evidence presented, shall determine the order of employment after giving employees a reasonable opportunity to present such evidence. The order of employment in all districts, when required, shall be determined as prescribed by Sections 44830 to 44855, inclusive. The governing board shall have power and it shall be its duty to correct any errors discovered from time to time in its records showing the order of employment. (Amended by Stats. 1978, Ch. 898.)

Last verified: January 23, 2026

Key Terms

needs of the district and the students thereoforder of employmentgoverning boardcertificated employee

Related Statutes

  • § 17407 School Building Lease Agreements
  • § 17408 School District Lease Elections
  • § 17409 School District Lease Elections
  • § 17410 District Site Purchase Elections
  • § 17411 District Lease Building Flexibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44846.
View Official Source