Bakersfield Elementary Teachers Ass'n v. Bakersfield City School District

On February 25, 2003, faced with mounting uncertainties about a state budget for the upcoming fiscal year, the governing board of the Bakersfield City School District (the District) adopted a resolution approving a reduction or discontinuation of some “particular kind[s] of service” (PKS) specified in the resolution (see Ed. Code, § 44955), which in turn would necessitate the elimination of up to 89 certificated positions (teachers and counselors) in the 2003-2004 school year. The resolution directed the superintendent “to send appropriate notices to all employees, including temporary employees, whose positions may be affected by virtue of this action.”

In fact, the superintendent then sent notices to over 225 certificated employees: “nonreemployment” notices to some 74 persons classified by the District as probationary employees (§ 44949), and about 154 “release” notices to persons classified as temporary employees (§ 44954). Within the latter classification, the District included all teachers and counselors holding anything less than a regular credential, which in this case meant all those working under an internship credential, a preintem certificate, an…