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The Berkeley Federation of Teachers is preparing to go to court to challenge layoff notices for as many as 40 “temporary” teachers, but district officials are confident they will prevail. 

BFT President Barry Fike said the union has collected about 20 “power of representation” forms already, authorizing BFT to advocate for the teachers in Superior Court. He expects more to sign in the near future. 

Fike said many of the teachers will argue that the district has misclassified them. They will contend that they are in fact “probationary” or “permanent” teachers, higher up on the seniority chain, and that the district improperly laid them off. 

But David Gomez, associate superintendent for administrative services, said the district has checked its records and is confident that it has properly classified all the temporary teachers. 

The district issued layoff notices, effective next year, to 173 teachers as part of an effort to cut $5.4 million and balance the budget. According to district figures, 82 of those teachers are probationary, generally first- or second-year teachers with a preliminary or full credential, and 91 are temporary, generally new instructors who are often on an emergency credential. 

Thirty-four probationary teachers participated in layoff hearings April 18-19, challenging district records on their credentials and status. The administrative law judge who presided over the hearing rescinded a few layoff notices at the hearing and is scheduled to issue a judgment on the rest of them Monday. 

Contact reporter at scharfenberg@berkeleydailyplanet.net