Education Code section 1296

(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. Section 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. Section 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.

Source: Section 1296, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EDC§ionNum=1296.­ (accessed May 10, 2025).

Last Updated

May 10, 2025

§ 1296’s source at ca​.gov