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Law Educator, Esq.
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Ed. Code 44955 Riverside office of Education was sanctioned

Resolved Question:

Ed. Code 44955
Riverside office of Education was sanctioned by the Office of Civil rights in 1999, according to that sanction the county has deemed it a need for everyone to have a Special Ed credential. Four years ago the County started to pink slip their employees that didn’t have a Sp. Ed. Credential, stating as a need that supersedes seniority. Everyone that was pinked and joined a Special Ed program was rehired. I am one of the last 6 teachers who were pink slipped this year. The county does not have a need to pink slip. They say a reduction of programs, my program is the pregnant minor program, if that was true they would have to reduce the nursery staff, and no one received a notice. Also, they are already counting the two teachers that were pinked in next year % of Special Ed credential. I f they really thought they needed a reduction how come they are already counted in the % for Special Ed credential. I have a document used for the county WASC accreditation stating: how they have expanded the last two years: they plan on expanding next school year: they are running in the black; the Special Ed. teachers are at 85% and by next year will be at 100% due to the fact the last two teachers signed up for classes. The county does not have a need to pink slip, they have found a way to force everyone into getting a Special Ed. Certificate is this legal?
Submitted: 2 years ago.
Category: Legal
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Still waiting for a reply.
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Law Educator, Esq. replied 2 years ago.
Whether or not it is legal depends on the proof the employer can provide to the union with regards XXXXX XXXXX need being legitimate. Thus, it may be proper for them to terminate more employees if they can prove the need they have claimed above. However, absent proving their need, then it would be likely contrary to the union contract and the union would be able to stop the terminations (realize that without a union contract, the school could fire you for no reason at all and you would have no recourse, so to have recourse the termination has to be a violation of a provision of the contract).


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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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