Seniority Still Rules: Administrative Law Judge Rules That School District Can’t Ignore Seniority During Layoffs
In a victory for the seniority rights of California’s public school teachers, an administrative law judge for the State Office of Administrative Hearings struck down the effort of the San Francisco Unified School District to lay off senior teachers in favor of more junior teachers. The District failed to “demonstrates a specific need” for more junior teachers “to teach a specific course or course of study” under Education Code Sec. 44955. The District also failed to show that the junior teachers had “special training and experience necessary to teach that course or course of study” or assess whether the more senior teachers possessed equivalent “special training and experience” as the junior employees. The ALJ held that the District was required to follow seniority in its layoffs, and the school board accepted the ALJ’s decision. Attorney Stewart Weinberg is proud to have represented the teachers and union in this matter..
Author: Russell Naymark
