EDD unemployment eligibility for ROP teachers during summer break with fall contract
Just found out our ROP program is closing for summer in 2 weeks (earlier than expected due to funding issues). I've been teaching healthcare certification courses for the past 9 months through our county's ROP. My question is: can I legally file for unemployment during summer months even though I already signed a contract to return next school year? The contract specifically says I'm only paid during active teaching periods (Sept-June). Our program coordinator gave us conflicting info - first said we could file, then backtracked saying we can't because we have 'reasonable assurance' of returning. But I've heard ROP teachers are treated differently since we're grant-funded? Anyone dealt with this specifically for Regional Occupational Programs? Bills don't stop just because teaching does...
15 comments
Gemma Andrews
This is a common gray area with ROP positions. The key factor is the 'reasonable assurance' of returning to work. Generally, if you have a signed contract for the next school year, EDD considers this reasonable assurance and typically denies benefits to teachers during scheduled breaks. HOWEVER, ROP teachers funded by grants sometimes qualify as an exception since funding isn't guaranteed like traditional school positions. You should apply anyway and be very specific about being an ROP teacher with grant-based funding in your application. When they ask if you have reasonable assurance of returning, you can truthfully say yes but explain the unique nature of ROP positions. The worst they can do is deny your claim, but many ROP teachers do successfully receive benefits during breaks.
0 coins
Lena Schultz
•Thanks for this explanation! Do you know if I should mention anything specific about the funding source when I apply? Our program is technically through the county office of education but funded by a combination of CTE grants and industry partnerships.
0 coins
Pedro Sawyer
i got approved last summer as an ROP teacher! applied right after our program ended in june. the key is being honest about everything but making it clear your position depends on enrollment and funding. took about 3 weeks to get approved and had to do a phone interview
0 coins
Lena Schultz
•That's encouraging to hear! Did they ask specific questions during your phone interview about your contract or the funding? Just trying to prepare myself for what to expect.
0 coins
Pedro Sawyer
•yep they asked about my contract and if i was "reasonably assured" of going back. i explained that while i had a contract, ROP programs can be cancelled if enrollment drops or funding changes. be honest but make sure to explain the special circumstances of ROP positions
0 coins
Mae Bennett
I tried applying for UI as a summer school teacher last year and got DENIED because I had a contract for fall. They said this counts as "reasonable assurance" of work resuming. WASTED SO MUCH TIME with the whole process and couldn't even get someone on the phone to explain my situation better!!! The EDD website is totally useless for explaining these specific situations. They just apply blanket policies without understanding different teaching positions!!!
0 coins
Beatrice Marshall
•But were you an ROP teacher specifically? Regular teachers and ROP teachers are treated differently sometimes because of the funding sources. Worth trying anyway.
0 coins
Melina Haruko
If you're having trouble reaching EDD to get a clear answer on your specific situation (which is totally common), I'd recommend trying Claimyr. I was in a similar situation last year with a specialized teaching position and couldn't get through to anyone at EDD for weeks. Claimyr got me connected to an EDD rep within about 20 minutes who actually understood my situation. Saved me so much frustration! Check out their demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km or visit claimyr.com. They basically wait on hold for you and call you when an agent is ready. Lifesaver for complicated situations like yours where you really need to talk to someone who understands the rules.
0 coins
Lena Schultz
•Thanks for the tip - I've been dreading the phone tag game with EDD. I'll definitely look into this if I have trouble getting through. Their regular phone lines are almost impossible lately.
0 coins
Dallas Villalobos
Just to clarify some misinformation in this thread: California Education Code explicitly states that teachers with "reasonable assurance" of returning to work are NOT eligible for unemployment benefits during regularly scheduled breaks. This includes summer breaks. However, there are important nuances for ROP and other categorically funded positions: 1. If your position is contingent on special funding or grants 2. If your position depends on student enrollment meeting certain thresholds 3. If there's any substantial chance the position won't exist next year In these cases, you may qualify despite having a contract. EDD will evaluate reasonable assurance based on the likelihood of the position continuing, not just whether you have a contract. When you file, be prepared for an eligibility interview where you'll need to explain these factors. Don't just say "I'm an ROP teacher" - explain specifically how your position's funding structure creates uncertainty despite the contract. Document any communication about potential funding changes or enrollment concerns.
0 coins
Lena Schultz
•This is incredibly helpful - thank you! Our program has faced funding cuts over the past few years, and enrollment has been declining in certain courses. I'll make sure to document these factors before applying. Should I gather any specific evidence about the grant funding status?
0 coins
Dallas Villalobos
•Yes, absolutely gather evidence. If you have access to any of these, they would strengthen your case: - Documentation showing the grant funding cycle/renewal dates - Any communications about enrollment concerns - Previous instances where ROP classes were cancelled due to funding - The specific language in your contract that mentions contingent funding - Any communications from administration about the uncertain nature of continued funding The EDD interviewer will be looking specifically at whether your return is a virtual certainty or if there are legitimate financial/funding barriers that make your return questionable despite the contract.
0 coins
Reina Salazar
ive heard some ROP teachers get approved and others dont. seems like it depends on who reviews ur claim tbh
0 coins
Gemma Andrews
One more important point - California has specific precedent cases for ROP and adult education teachers that differentiate them from K-12 regular teachers. The key case law established that when positions are contingent on funding, enrollment, or other variable factors, the "reasonable assurance" standard may not be met despite having a contract for the following year. When you certify for benefits, you'll need to answer "Yes" to the question about whether you have reasonable assurance of returning to work (since you do have a contract), BUT then use the additional information section to explain the contingent nature of ROP funding and how it differs from regular teaching positions. This will likely trigger a phone interview, which is actually good because it gives you the opportunity to explain your situation to a human instead of just being automatically denied by the system.
0 coins
Lena Schultz
•Thank you so much for explaining this! I was getting confused about how to answer that question. So I should say yes to having reasonable assurance, but then explain the unique ROP circumstances. That makes sense. I'll definitely apply and see what happens.
0 coins