If I have received a letter from BUSD saying that I have been released as a temporary teacher as of June 17, 2016. What are my rights?
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.
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).
Do I have any rights to be rehired by BUSD?
You have no legal rights to be rehired, but you may indicate to BUSD that you hope to be rehired, and the district may choose to rehire you. Temporary teachers interested in being rehired do not
have to complete an entire new application packet.
You can indicate your interest in being rehired through a simple letter to Delia Ruiz, Assistant Superintendent for Human Resources. Your letter should be about your general interest in continuing to work for BUSD (we do not recommend emphasizing a particular grade assignment or site
). It is best to scan the letter into an email to Delia Ruiz and to send Ms. Ruiz a hard copy. Please be sure to cc BFT on this email. Be sure to keep a copy of the letter for your own records.
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 2015-2016 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 2015-2016 school year.
What happens to my benefits if I am not rehired by BUSD?
If you work through June 17, 2016 your benefits will continue through August 31, 2016. You are eligible to stay in the BUSD group coverage plan at your own expense
for 18 months after August 31, 2016 under a federal law called COBRA.
If I work in BUSD next year, does my 2053-2016 temporary service count toward becoming permanent?
If you work more than 75% of the days of the 2015-2016 school year, your temporary service can count toward becoming permanent if you are rehired by BUSD on a Probationary 2 contract for 2016-2017. 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 being offered, 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 very 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 MHN by calling 1-800-535-4985. 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, berkeleyfederationofteachers.org.
In addition, you can receive support from your BFT Site Rep, or by calling the central BFT office at 549-2307.
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, 2016 please contact BFT to request our “Quick Tips” on filing for unemployment insurance.