5 Things You Need to Know: Professional Rights & Responsibilities

A valid contract is active from the first day of school to the last day of school.

44420. (a) If any person employed by a school district in a position requiring certification qualifications refuses, without good cause, to fulfill a valid contract of employment with the district or leave the service of the district without the consent of the superintendent, if any, or the governing board, of the district, except in the manner provided for by law, the commission may after proof of this fact is made to it, take an adverse action on the credential holder but may not suspend the credential for more than one year or revoke the credential.

  • Don’t “friend” your students.
  • Keep your profiles private.
  • Exercise caution in discussing personal topics, online and in person. Your students don’t need to know all the details of your life.
  • Do not complain about teachers, students, colleagues, or your place of employment. In fact, don’t badmouth other teachers or students to your class in person either. You’ll lose their trust and potentially your job.
  • Don’t post student work online if you are depicting it in a negative way.
  • If your speech is liable to “disrupt school activities,” you may not be protected.
  • Don’t be that teacher who ends up in the news for posting negative comments about students or parents.
  • Any social media for your classroom should follow COPPA (Children’s Online Privacy Protection Act)
    • COPPA protects students under 13 from having personal information collected without the consent of a parent or guardian
    • Bottom line? Students under age 13 need parent permission to share their work online — this includes photos, videos, and audio files.
    • Do not release names of students on your website or social media if they are under 13. Be cognizant of identifying any student online, especially if a student has an IEP.
  • Looking for more? Check out this article from NEAToday called “Six Ways to Avoid Those Social Media Landmines.”

Teachers have permanent status, not tenure. Within permanent status there is a procedure for dismissing teachers which guarantees due process and impartial consideration of the facts when disagreement about the facts exists.

Teachers can be dismissed for unsatisfactory performance — Ed Code 44932. Grounds for dismissal of permanent employees; suspension of employees. (a) (4) Unsatisfactory performance.

If you receive a notice of intent to dismiss (by May 15 or end of school year), contact your VUEA and CTA primary contact person.

Make sure your teaching assignment aligns with the credential you hold. A misassignment is “the placement of certificated staff in a teaching or services position for which the educator does not hold a legally recognized certificate, credential, permit, or waiver with an appropriate authorization for the assignment or is not otherwise authorized for the assignment under another section of statute or regulation.” Under the provisions of the LCFF and LCAP, one of the State Priorities is that teachers are assigned appropriately to their credentials. If not, the teacher is misassigned.

Failure to disclose any required information concerning your professional fitness to teach in California is falsification.

If a teacher falsifies an answer to a fitness question on the state application for a credential, the Commission on Teacher Credentialing (CCTC) may reject or deny your application or take disciplinary action against your credential.

If a teacher falsifies an answer to a fitness question on an district application for employment, the district can dismiss you.