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The Berkeley Unified School District has reinstated 24 of the 91 temporary teachers who received layoff notices in March. 

But only one of the 82 probationary status teachers who got a pink slip three months ago still holds a notice, according to district officials.  

The Berkeley Federation of Teachers plans to go to court over the lone probationary instructor, claiming an improper layoff, and may file suit on behalf of about 10 temporary teachers who, according to the union, were misclassified. 

The Board of Education, facing a multimillion dollar deficit, issued layoff notices to 173 teachers in March. A May 7 ruling by administrative law Judge Jonathan Lew, who found that the district had made several errors in calculating seniority, forced a series of reinstatements. 

Berkeley Unified has also issued a large number of voluntary reinstatements as the district’s murky budget picture has cleared up. District spokesperson Marian Magid said more may be on the way. 

“They’re going to be hired back as positions become available,” she said. 

BFT President Barry Fike said he sent papers to the union’s attorney last week to start legal proceedings for the probationary teacher. But, Fike said, he has held back on the temporary case while the district works to restore positions, hoping that the affected teachers will get their jobs back. 

“We’ve been delaying because we know the district appears to be working hard to make this question moot,” said Fike. “(But) we can’t delay much longer because, obviously, these teachers need to know.” 

Temporary teachers are generally new instructors, often on an emergency credential, and probationary teachers are generally first- or second-year employees with preliminary or full credentials. 

Fike claims that a host of the “temporary” teachers who received pink slips are in fact probationary or permanent status, by virtue of their credentials or experience, and were therefore improperly laid off. 

The union president said the number of teachers in this category is likely greater than 10, but said that for technical reasons, the union has a right to file a legal challenge on behalf of only about 10. 

Last month, the union claimed that a total of 38 “temporary” status teachers were misclassified. 

The probationary teacher in question is a school psychologist. Fike said the board approved layoffs for only two psychologists and argued that the district has already cut two positions – one a vacancy that will go unfilled and another held by a retiring psychologist. 

Fike spoke of a second probationary pink slip that the union is planning to challenge in court. But according to the district, the school psychologist is the only probationary status teacher who holds an outstanding layoff notice. 

The district did not comment on the union’s prospective legal challenges before the Planet’s deadline. 

Fike acknowledged the staffing complexities facing the district, but said he is concerned that at this date in June many teachers still do not know if they will have a job next year. The union president said some have already elected to find a job elsewhere rather than face continued uncertainty. 

“Many of the students are very saddened and many of the parents are very saddened at losing some of the teachers,” said parent activist and recently-declared school board candidate Cynthia Papermaster. “I feel like things could have been thought through a little more carefully so that wouldn’t have happened.” 

“It would have been nice to have handled it more quickly, but I think people have done the best they can,” said board member Ted Schultz. 

“There’s always a concern that you’re going to lose some good teachers when you have a situation like this, but unfortunately you have to balance your budget,” he added.