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HomeEducation CodeDiv. 3Pt. 25Ch. 4Art. 3§ 44958 Probationary Employee Reemployment Rights

§ 44958 Probationary Employee Reemployment Rights

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

§ 44958 Probationary Employee Reemployment Rights

Key Takeaways

  • •If a new teacher loses their job because there are fewer students or a program ends, they can get their job back within 39 months.
  • •If they get rehired, the time they were away doesn’t count against them becoming a permanent teacher.
  • •Once rehired, they get almost all the same rights as permanent teachers, except they don’t automatically get their job back next year if there are cuts again.
  • •This rule applies to teachers who were let go after January 1, 1949, for these reasons.

Example

A school lets go of a new music teacher because not enough kids signed up for music class.

If the school hires the teacher back within 39 months, the time they were unemployed doesn’t hurt their chance to become a permanent teacher. They’ll get most of the same rights as permanent teachers, but if the school cuts music again, they might not get their job back.

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

Official Source
View on CA.gov

§ 44958 Probationary Employee Reemployment Rights

If the services of any probationary employee are terminated, or if such employee is dismissed, because of a reduction in the attendance of pupils or the discontinuance of a particular kind of service, and such employee is reemployed within a period of 39 months from the last day of the school year within which his service was so terminated, or within 39 months after the cessation of hostilities, if such reduction in attendance or discontinuance of service was due to war conditions, the period of his absence shall not count as a part of the service required as a condition precedent to the classification of such employee as a permanent employee of the district, but such absence shall not be construed as a break in the continuity of the service of such employee. Every such probationary employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Sections 44955 to 44961, inclusive, for permanent employees, except the right of reappointment, subject only to the prior rights of permanent employees. The provisions of this section shall apply to any probationary employee who shall be or who shall have been dismissed or terminated after January 1, 1949, because of reduction in attendance or discontinuance of a particular kind of service. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

attendancediscontinuanceterminationprobationschoolemployeereductionclassification

Related Statutes

  • § 44955 Teacher Employment Protection
  • § 44955.5 School District Layoff Authority
  • § 44957 Probationary Employee Reappointment Rights
  • § 44959.5 Probationary Employee Layoff Exemption
  • § 44800 Military Leave For School Employees

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44958.
View Official Source