Section 44918 Of Article 2. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 4. >> Article 2.
44918
. (a) Any employee classified as a substitute or temporary
employee, who serves during one school year for at least 75 percent
of the number of days the regular schools of the district were
maintained in that school year and has performed the duties normally
required of a certificated employee of the school district, shall be
deemed to have served a complete school year as a probationary
employee if employed as a probationary employee for the following
school year.
(b) Any such employee shall be reemployed for the following school
year to fill any vacant positions in the school district unless the
employee has been released pursuant to subdivision (b) of Section
44954.
(c) If an employee was released pursuant to subdivision (b) of
Section 44954 and has nevertheless been retained as a temporary or
substitute employee by the district for two consecutive years and
that employee has served for at least 75 percent of the number of
days the regular schools of the district were maintained in each
school year and has performed the duties normally required of a
certificated employee of the school district, that employee shall
receive first priority if the district fills a vacant position, at
the grade level at which the employee served during either of the two
years, for the subsequent school year. In the case of a
departmentalized program, the employee shall have taught in the
subject matter in which the vacant position occurs.
(d) Those employees classified as substitutes, and who are
employed to serve in an on-call status to replace absent regular
employees on a day-to-day basis shall not be entitled to the benefits
of this section.
(e) Permanent and probationary employees subjected to a reduction
in force pursuant to Section 44955 shall, during the period of
preferred right to reappointment, have prior rights to any vacant
position in which they are qualified to serve superior to those
rights hereunder afforded to temporary and substitute personnel who
have become probationary employees pursuant to this section.
(f) This section shall not apply to any school district in which
the average daily attendance is in excess of 400,000.