Teachers union threatens legal action

The education code also limits districts to employing temporary teachers only as replacements for teachers on leaves of absence, and in other limited circumstances, like if the district is expecting a change in enrollment for a semester, union representatives said. But the restrictions are vague about teachers employed in categorically funded programs.

District officials responded to the association’s claims in a letter Jan. 16, arguing that the district is allowed to employ temporary teachers in positions that are funded by supplemental state grants, called categorical grants, even if they are not replacing teachers who have taken leaves, for illnesses or other reasons.

The education code, combined with court decisions, support the districts claim, John Garcia, assistant superintendent of human resources, wrote in the letter.

“We thought we were always in compliance [with the code]. They may want to argue that, but its’ never been tested, so how do you know?” Escalante said.

Although district officials argued that the association’s points are now moot because of last week’s 164 conversions, which followed 64 conversions made in December, the union may still take legal action about employees who were not moved toward permanent status when they deserved to be, Freemon said.

The heated remarks about contracts was the latest in a series of tense interactions between the parties.

Contract negotiations hit a wall in December after district representatives asked for provisions that would enable the parties to renegotiate salaries and benefits over each of the next three years because of budget uncertainties.

The union and the district also butted heads over the district’s request to change the academic calendar so that it more closely resembled a college calendar, in which the fall semester would end before winter recess. The union rejected the request because the district made it too late, Freemon said.

But contract negotiations, he said, would not be affected by the tensions related to temporary teachers.

“I see it as two separate entities,” Freemon said.

 ZAIN SHAUK covers education. He may be reached at (818) 637-3238 or by e-mail at zain.shauk@latimes.com.