SUPERINTENDENT OF PUBLIC INSTRUCTION STATE OF CALIFORNIA BULLETIN No. 7 9 302 AN ANALYSIS OF THE LAWS RELATING TO Tenure and Salaries of Teachers SOUTHERN UNIVERSITY oe CALIFORNIA FEB 9 1925 LIBRARY (LOS ANGELES. CALIF o'KiMlAj BY WILL C. WOOD Superintendent of Public Instruction MAY, 1922 lifornia onal iity CALIFORNIA STATE PRINTING OFFICE. SACHAMKNTO, 1922 QUESTIONS AND ANSWERS CONCERNING TENURE AND SALARIES. 1. Who may be employed as a teacher? Answer. No teacher shall be employed or even allowed to teach in any way in any school unless he holds a certificate in full force and effect and of the kind and grade legally required for such work. (Subdivision 5, section 1775, Political Code, and subdivision fifth (a), section 1609, Political Code.) 2. What is the situation if a teacher is elected to a position before he has his certificate on file at the county superintendent's office? Answer. The election is illegal and the contract is void. 3. What kind of certificate is required for each kind of work? Ansiver. A. For kindergarten work, (1) a kindergarten primary certificate, or (2) a special kindergarten certificate is required. (Section 1771, Political Code.) B. For teaching in the first grade, (1) a general elementary school certificate, or (2) a kindergarten primary certifi- cate accompanied by an extension thereof to cover first grade work, or (3) a general high school certificate, is required. C. For teaching in the first three grades, (1) a general elementary school certificate, or (2) a kindergarten primary certificate accompanied by an extension to cover first, second and third grade work, or (3) a general high school certificate, is required. (Section 1771 and Sub. 5, section 1775, Political Code.) D. For first to eighth grade work, (1) a general elementary school certificate, or (2) a general high school certificate, is required. (3) Holders of elementary special certifi- cates authorizing them to teach certain specified subjects may teach such special subjects, but no other subjects, in any or all grades of the elementary schools. (Section 1771, Political Code.) E. For junior high school work (including grades 7, 8 and 9, or 7, 8, 9 and 10, in a legally organized junior high school), (1) a general junior high school certifi- cate, or (2) a general elementary school certificate (for 4 grades 7 and 8 only), or (3) a general high school certifi- cate, is required. (4) Holders of elementary special certificates, or junior high school special certificates, or high school special certificates authorizing them to teach certain specified subjects may teach such subjects, but no other subjects, in the junior high school. (Section 1771, Political Code.) F. For high school work, (1) a general high school certifi- cate is required for teaching the whole range of subjects. However, (2) holders of special high school certificates authorizing them to teach certain specified subjects, may teach such subjects, but no other subjects, in the high school. (Section 1771, Political Code.) G. For jwnior college work, same requirements as for high school work. 4. Where may a person desiring to do so obtain a certificate? Answer. At the office of the county superintendent of schools, upon presentation of the proper credentials. The county superintendent will refer such applicant to the state board of education when nec- 5. What certificate must a principal hold? Answer. While the law is not specific on this point, it implies that the principal must hold a general or special certificate that would authorize him to teach the highest grade in his school. However. tn< holder of an elementary certificate can serve as principal of a junior high school. (Section 1771, Political Code.) 6. When may a teacher or principal be elected for the first time ? Answer. For work during the next ensuing school year, a teacher may be elected after May second. 7. How may school districts be classified with respect to the employ- ment of teachers? Answer. They may be classified as districts under permanent tenure from year to year. Districts under permanent tenure provisions are districts employing eight teachers or more and having a principal who devotes two hours a day or more to supervision. Districts employing less than eight teachers or having a principal giving less than two hours a day to supervision are districts under tenure from year to year. 8. What is the effect if a district ceases to employ eight or more teachers, or if the principal ceases to give two hours or more a day to supervision? Answer. The tenure of teachers in such district is no longer per- manent. 9. How may teachers in districts under year-to-year tenure be dismissed ? Answer. In such districts, any teacher may be dismissed by the board at the end of any school year by giving such teacher notice in writing on or before the tenth day of June that his services will not be required for the next school year. 10. What is necessary to make such notice legal? Answer. It must be delivered in person by the clerk or secretary of the board, or deposited in the United States registered mail, with postage prepaid, addressed to such teacher at his last known place of address. 11. What is the effect if the school board fails to notify a teacher in a year-to-year tenure district on or before June tenth that his services are not required for the ensuing year? Answer. Such teacher is deemed re-elected without any action by the board and the contract for the ensuing year will be complete if the teacher accepts as provided by law. 12. How must a teacher accept appointment or reappointment for the ensuing year in year-to-year tenure districts? Answer. By giving written notice of acceptance to the clerk or secretary of the board within twenty days after June tenth, or in case of original appointment, within twenty days after notice of appointment has been given. 13. What is the effect if a teacher fails to give such notice of acceptance ? Answer. He is deemed to have declined appointment and the board may fill the vacancy. 14. How are teachers in permanent tenure districts to be classified? Answer. They are to be classified as permanent, probationary and substitute teachers. 15. Who are substitute teachers ? Answer. All teachers employed from day to day for less than one school year to fill positions of regularly employed teachers absent from the service for any cause. 16. Who are probationary teachers? Answer. All teachers employed by the district for the school year and who have not been classified as permanent teachers. 17. Who are permanent teachers? Answer. All teachers who have been successfully employed by the district for two consecutive school years at the time of classification are permanent teachers. 18. When shall such classification be made? Answer. At the end of two years of such employment. 19. Will failure of the school board to make such classification impair the permanency of the teacher's tenure? Answer. The Attorney General holds that it will not impair the permanency of the teacher's tenure. 20. How may substitute teachers be dismissed ? Answer. By action of the board at any time. 21. How may probationary teachers be dismissed? Answer. At the end of any school year the board may dismiss any probationary teacher by giving notice in writing on or before the tenth day of June that the services of such teacher will not be required for the ensuing school year. Such notice will be deemed sufficient when delivered in person by the clerk or secretary of the board, or deposited in the United States registered mail with postage prepaid, addressed to such teacher at his last known place of address. 22. May a probationary teacher be dismissed at the end of his second year of service ? Answer. Yes, provided notice is given as described in (21) above, but such notice, to make such dismissal legal, must specify that the board does not deem the service of the teacher successful. 23. How may permanent teachers be dismissed ? Answer. Only after a fair and impartial public hearing, for one or more of the following causes : Immoral or unprofessional conduct; incompetence, evident unfitness for teaching, persistent violation of, or refusal to obey, the school laws of California or reasonable rules prescribed for the government of public schools. 24. Who may prefer charges? Ansiwr. Any citizen of the district, or any school official or the board itself may file written charges against any permanent teacher. 25. What notice of the hearing is required ? Answer. The governing board must give the accused teacher at least ten days notice in writing, stating the charges and the time when and the place where the hearing is to be held. 26. What rules govern the hearing? Answer. The board shall adopt reasonable rules to govern the hear- ing. The rules shall be such as to secure for the accused a fair and impartial hearing. 27. What are the rights of the accused teacher? An-swer. He has the right to notice of the hearing above referred to ; to a copy of the rules governing the hearing; to be represented by counsel; to call witnesses in his behalf; to cross-examine all other witnesses at the hearing ; to insist that the hearing shall be confined to charges only. 28. What body conducts the hearing ? Answer. The school board of the district. 29. How may the teacher be dismissed after the hearing? Amwer. By affirmative vote of the majority of the board upon proof of the charges covering any one or more of the causes for dismissal enumerated above. 30. Who may vote on the question of dismissal ? Answer. Only board members who have been present throughout the hearing. 31. How should notice of dismissal after hearing be given? Answer. A written copy of the resolution of dismissal adopted by the board should be delivered to the dismissed teacher by the clerk or secretary or deposited in the United States registered mail with postage prepaid, addressed to such teacher at his last known place of address. 32. How long a period can elapse before a decision is rendered ? Answer. The trial must be concluded and a decision reached within ten days after the beginning of the trial. 33. Under what conditions may a permanent teacher be dismissed, other than by public hearing on charges ? Ansicer. A permanent teacher may, at the close of the school year, be dismissed other than by public hearing A. When it becomes necessary to decrease the number of teachers in the district on account of decrease in attend- ance, or B. When the board determines to discontinue a particular kind of teaching. 34. What are the rights of the teacher in case of dismissal for either of the reasons set forth in (33) above? Answer. The board shall give such teacher a letter of honorable dis- missal. 35. Wihich teacher or teachers shall be dismissed when it becomes neces- sary to decrease the number of teachers on account of decrease in attendance ? Answer. The teacher or teachers last employed by the district. 36. In case the district discontinues a particular kind of teaching, which teacher or teachers shall be dismissed ? Answer. The teacher or teachers engaged in the type of teaching work so discontinued. 37. In case the discontinued work is reestablished within a year, what are the rights of the dismissed teacher ? Answer. The dismissed teacher shall have the preferred right to appointment as teacher of such course. 38. May a teacher be reassigned after being given permanent status ? Answer. Yes, but such reassignment cannot carry with it a decrease in salary, unless the salaries of other positions are decreased pro- portionately. 39. May the board increase or decrease salaries paid to permanent teachers ? Answer. Yes, provided such increase or decrease applies equally to all teachers of the same grade, or kind of work, employed by the district. 40. How may principals or supervisors of special subjects be dismissed ? Answer. In the same manner and for the same causes as permanent teachers may be dismissed. 41. What is the tenure of a city superintendent? Answer. A city superintendent shall be elected for a period of four years. (Section 1793, Political Code.) 42. What tenure may be given assistant or deputy city superintendents or district superintendents? Answer. They may be elected from year to year or for four years : at the option of the board. 43. Which districts may employ a district superintendent? Answer. Only districts employing eight teachers or more in schools under their control. 44. How may a leave of absence be granted to a teacher? Answer. Any school district may grant a leave of absence to any teacher employed by such district by affirmative vote of a majority of its members. Notice of a leave of absence should be in writing. 45. When may a teacher resign? Answer. At any time, with the written consent of the board. Any teacher who ceases teaching in a district before the end of his term of contract without the consent of the board, is liable to suspension or revocation of his certificate or credential by the proper authorities. (Section 1699, Political Code.) 46. To whom may a teacher appeal in case of dismissal before the expiration of his term of contract? Answer. To the county superintendent of schools. (Section 1698, Political Code.) 47. When may such teacher be reinstated to his position? Answer. Whenever the county superintendent decides that the removal was made without good cause. 48. What are the rights of a reinstated teacher? Answer. He is entitled to his position for the term of his contract and to full compensation for time lost during the pending of the appeal. (Section 1698, Political Code.) 49. To whom may a teacher appeal in case his salary is withheld ? Answer. To the superintendent of public instruction, who after investigation shall make his findings. His decision in such matter shall be final. (Section 1699, Political Code.) 50. By whom is the compensation of a teacher fixed ? Answer. By the school board of the district employing him. The action of the board in such matter should be entered in the minutes and notice thereof given the teacher either in the form of a contract or other written notice. N 51. How may payments be made to teachers ? Answer. Teachers may be paid, as the board may determine at the beginning of the term of the teacher's service, as follows: A. At the end of each school month (four weeks of five days each of teaching), or B. In ten, eleven, or twelve equal installments instead of by the school month, as may be determined by contract or by schedule of salaries adopted by the board. 52. In case the annual salary is to be paid in twelve equal installments, how shall such payments be made? Answer. In case school opens in July the first payment shall be begun on August first and continued from month to month on the first day of each calendar month until the full amount of the annual salary has been paid. In case school does not begin in July the board may in its discretion withhold the monthly payment or payments that may have fallen due prior to the opening of school, until the teachers and principals have taken up their work for the year. After they have resumed their teaching duties, teachers are entitled to warrants for one-twelfth of the annual salary on the first of each calendar month until the annual salary has been fully paid. 53. In case a teacher serves less than a year, how shall the salary be adjusted in districts paying teachers in twelve monthly install- ments ? Answer. The board shall pay such teacher only an amount that bears the same ratio to the established annual salary as the time he teaches bears to the annual term. (For example, assume that the annual school term is forty weeks and the annual salary of the teacher $1800. The teacher teaches twenty-five weeks then resigns. Such teacher should be paid twenty-five fortieths of $1800 or $1125 for his service. ) If the district has paid the teacher more than the amount computed in the manner indicated, the board shall demand repayment by the teacher of such excess into the county treasury. If the teacher neglects or refuses such repayment he shall be subject to suit for restitution ; also to action for revocation of his certificate or credential. 54. How are the salaries of school librarians fixed? Answer. By the school board. However, the law provides that in high schools, if the librarian gives more than .two hours a day to library work, such librarian shall rank as a teacher. This means that such librarian shall be paid the same salary as a high school . teacher. (Section 1775, Sub. 6, Political Code.) A 000015289 2 55. May any distinction be made in the payment of salaries between men and women teachers? Answer. No. An act approved March 30, 1874, provides that women teachers shall receive the same compensation as is allowed men teach- ers for like services, when holding the same grade certificates. 56. What recourse has a woman teacher in case the board pays her less than a man teacher for like service when both hold the same grade of certificate? Answer. She may bring suit to compel the payment of a salary equal to that paid to the man teacher. ~>7. With what requirements must a teacher comply to entitle him to his salary ? Answer. He must: A. Perform his duties as a teacher on the school days and between the school hours fixed by the governing board for the school or agreed upon in the contract between the board and teacher. B. He must, before assuming charge of his school or class, see that his certificate is on file with the county superin- tendent of schools. Teachers cam, not be paid for service rendered before the certificate's so filed. C. File his annual report, made under oath, as required by law, with the principal or with the county superin- tendent of schools at the end of the school year, or at the close of teaching service in the district. Otherwise the salary for the last month shall be withheld until the report has been filed. (Section 1696, Political Code.) 58. What limitation other than those mentioned in (54) and (55) above is placed upon school boards in fixing teachers' salaries? Answer. In cities, teachers of beginners (first grade pupils) shall rank in point of salary with assistant teachers in the highest grade of the elementary school. 59. What is the legal provision relative to teachers' salaries during institute ? Answer. The salary of the teacher continues on the regular basis during attendance at institute. University of California SOUTHERN REGIONAL LIBRARY FACILITY Return this material to the library from which it was borrowed. 1 instead of my contract Board. 52. In B Bailments, he A Bit shall be be Bnth on the fir the annual sal m the board m mr payments th 1, until the te Ir the year. A are entitled to first of each ca laid. 53. Ir lie salary be ac Ithly install- m ',,. A bmount that be k the time he te. lime that the ar talary of the te. then resigns. Si :800 or $1125 for his service.) If the district has paid the teacher more than the amount computed in the manner indicated, the board shall demand repayment by the teacher of such excess into the county treasury. If the teacher neglects or refuses such repayment he shall be subject to suit for restitution ; also to action for revocation of his certificate or credential. How are the salaries of school librarians fixed? 'Answer. By the school board. However, the law provides that in high schools, if the librarian gives more than two hours a day to library work, such librarian shall rank as a teacher. This means that such librarian shall be paid the same salary as a high school teacher. (Section 1775, Sub. 6, Political Code.) A 000015289 2 55. May any distinction be made in the payment of salaries between men and women teachers? Answer. No. An act approved March 30, 1874, provides that women teachers shall receive the same compensation as is allowed men teach- ers for like services, when holding the same grade certificates. 56. What recourse has a woman teacher in case the board pays her less than a man teacher for like service when both hold the same grade of certificate? Answer. She may bring suit to compel the payment of a salary equal to that paid to the man teacher. 57. With what requirements must a teacher comply to entitle him to his salary ? Answer. He must: A. Perform his duties as a teacher on the school days and between the school hours fixed by the governing board for the school or agreed upon in the contract between the board and teacher. B. He must, before assuming charge of his school or class. see that his certificate is on file with the county superin- tendent of schools. Teachers can not be paid for service rendered before the certificate's so filed. C. File his annual report, made under oath, as required by law, with the principal or with the county superin- tendent of schools at the end of the school year, or at the close of teaching service in the district. Otherwise the salary for the last month shall be withheld until the report has been filed. (Section 1696, Political Code.) 58. What limitation other than those mentioned in (54) and (55) above is placed upon school boards in fixing teachers' salaries? Answer. In cities, teachers of beginners (first grade pupils) shall rank in point of salary with assistant teachers in the highest grade of the elementary school. 59. What is the legal provision relative to teachers' salaries during institute ? Answer. The salary of the teacher continues on the regular basis during attendance at institute. 12 60. Out of which funds may teachers' salaries be paid? Answer. The constitution provides that all of the state school money and sixty per cent of the county school money apportioned to a district shall be used solely for the payment of teachers' salaries. All state school money and sixty per cent of the county school money is put into the teachers' salary fund, subject to warrants in payment for teaching service. If the teachers' salary fund is insufficient, the board may draw warrants for the payment of teachers on the current expense fund or on the special school fund raised under the provisions of section 1840 of the Political Code. Univers: South Libr 18870 5-22 10M