KMTG attorneys scored a significant win at the trial court in an important case regarding temporary teacher classifications. In a superior court decision issued on July 7, 2010, the judge agreed with KMTG’s legal position that teachers working in categorical positions may be properly classified as temporary employees under Education Code section 44909. The judge also agreed that it is proper to send temporary employees “precautionary notices” and to allow them to participate in a layoff hearing when their proper classification is disputed. This case was filed by a local teachers union after a layoff decision in favor of the school district where the teachers challenged both the temporary classification of teachers working in categorical programs and the district’s practice of sending “precautionary notices” to temporary employees whose proper classification was in dispute. The union’s attorney argued that teachers working in categorical positions may not be classified as temporary, but rather are entitled to be classified as probationary employees after the Bakersfield Decision.
Stay tuned for more on this as the superior court decision is likely to be appealed to the Third District Court of Appeals.
By Michelle Cannon
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