Education Code § 8303 - California Law

(a)Each person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the

preschool program, shall be deemed to be employed in a position requiring certification qualifications.

(b)Each other person employed by an agency in a preschool program under the provisions of this chapter

shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications.

(c)A district may lay off an employee required to have such a permit at any time during the school year for lack of work or lack

of funds or may provide for the employee’s employment for not to exceed 90 days in any one school year on an intermittent basis which shall not be deemed probationary service. The order of layoff shall be determined by length of service. The employee who has served the shortest time shall be laid off first, except that no permanent employee shall be laid off ahead of a probationary employee. A permanent employee who has been laid off shall hold reinstatement rights for a period of 39 months from the date of layoff.

(d)Other

persons who are employed as probationary employees in positions requiring such permits on or after September 18, 1959, may be dismissed in accordance with the provisions of Section 44949 or 87740.