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HomeEducation CodeCh. 2Art. 3§ 1296 County Teacher Permanent Employment

§ 1296 County Teacher Permanent Employment

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

§ 1296 County Teacher Permanent Employment

If a county school system has an average daily attendance of 250 or more, teachers who work a set number of years and are re‑hired become permanent employees of the county superintendent.

Key Takeaways

  • •The rule only works when the county’s schools have an average daily attendance of 250 + students.
  • •Teachers who started before the 1983‑84 fiscal year become permanent after 3 consecutive years of service and re‑election.
  • •Teachers who started in the 1983‑84 fiscal year or later become permanent after 2 consecutive years of service and re‑election.
  • •The superintendent must tell the teacher by March 15 whether they are re‑elected; if no notice is given, the teacher is automatically re‑elected.
  • •Permanent employees get the same rights and duties as teachers in regular school districts.

Example

Ms. Lopez has taught at the county’s elementary school for three straight years. The county’s schools have an average daily attendance of 260 students. The superintendent re‑hires her for the next school year.

Because the attendance is over 250 and she has worked the required three years, Ms. Lopez automatically becomes a permanent employee with the same rights as teachers in regular school districts.

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

Official Source
View on CA.gov

§ 1296 County Teacher Permanent Employment

(a) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for three complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for two complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. The county superintendent of schools shall notify the employee, on or before March 15 of the employee’s second complete consecutive year of employment by the superintendent in a teaching position in schools or classes maintained by the superintendent requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position in those schools. In the event that the county superintendent does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (c) As used in this section, “teaching position” means any certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status. (Amended by Stats. 1985, Ch. 1115, Sec. 1.)

Last verified: January 10, 2026

Key Terms

positionemploymentschoolemployeeprobationsalarystudentteacher

Related Statutes

  • § 59112 Blind School Graduate Support
  • § 44920 Temporary Teacher Employment Rules
  • § 44955.5 School District Layoff Authority
  • § 44977 Teacher Illness Leave Pay
  • § 87458.1 Teacher Certification Probation Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 1296.
View Official Source