Rebecca Wu v. Twin Rivers Unified School District
AdministrativeLaw DueProcess FirstAmendment FourthAmendment
Does the United States Constitution allow for an Indefinite probationary classification in California law of a public employee or Teacher
QUESTIONS FOR REVIEW } Does the United States Constitution allow for an Indefinite probationary classification in California law of a public employee or Teacher because they | work less than the required days to qualify for tenure or permanent tenure | classification and therefore become an arbitrary classification created by a state? Do the two past case laws in Vital and Cox lin appellate court contradict the rulings in this case in California ? Can there be a required number of days per year to obtain tenure or permanent status or is that circumventing the purpose of tenure? Should the Evening hours or the longer schedule of set teaching classroom hours doing the exact same thing each hour count towards the time required in | the number of “regular” days be used to support a teacher/public employee | becoming tenure? | Would the sinister nature or improper nature of not classify a regular teacher properly and hiding them have any weight in reclassifying them to tenure if they | had been properly classified. | Can a public employee, or in this case a misclassified teacher, work the same | number of set assigned regular hours or time that is required in a set number of Days but in different days because they work a different schedule then should | they not be qualified as a tenure when the set time required is fulfilled? | Would a misclassified public employee who works the same number of required | hours to be tenure but not days have rights to tenure due to the improper or | sinister acts of misclassfication that prevented tenure? . Especially would the above apply if the Appeals court does determine that a | employee or in this case Wu, is misclassified? } Is it allowed for a district to release a teacher whom is misclassified, not given | notice nor on any type of contract, be allowed to be non-renewed or continue in } her position? | | Should California Education Code 44908 that requires 75% of the days be completed by a teacher to count as a, “complete school year” combined with EDC 44929.21 that requires two complete school years of service in probationary status to be completed to obtain tenure/permanent status.? Or should such complete school year be for other advancements like pay or service years counted? Is the interpretation by the Third Court of Appeals of EDC 44908 created by the state of California abridging the constitution and the 14th Amendment because it creates a law that prevents due process under tenure laws by circumventing it and creating a arbitrary classification of indefinite probationary status? Should all states be subjected to the requirement that such indefinite forever after probationary status not be allowed when other states like Arizona and a few others do have this indefinite type of interpretation? Note: Permanent status is a term school HR uses to describe both tenure and probationary status as well as the ed codes. However, it also is used regularly to describe tenure, therefore any mention to tenure in this brief will be “tenure/permanent” but that is not always the case in the briefs and rulings. Would such factors as misclassified as a substitute, thus placed outside the union and with no union protection, no medical coverage, no lunch, no preparatory period, no breaks and working the same full time set hours of teaching in a classroom with students (who had Wu as there only public school teacher) no normal required training for teachers, over the course of almost a decade, factor into circumventing tenure when the Collective Bargaining Agreement would place Wu as tenure based on her hours over the course of two years under probationary status (that she did not have due to the misclassfication as a substitute) ? What are the due process laws under tenure? Subject to a hearing? Was Rebecca Wu wrongly let go with her stated no known misconduct in 2016 at her Keema High School teaching job. Would Wu have rights to damages for all years for her state constitutionally recognized retireme