Administrative Regulation

 

AR4117.4

 

Certificated Personnel

 

DISMISSAL

 

Dismissal of Permanent Employees

 

Permanent employees shall not be deprived of their position except when cause for the dismissal can be shown. Cause and procedures for dismissal are defined by provisions of Education Code 44932 et seq.

 

Dismissal of Probationary Employees

 

During the school year, teachers who are first and second year probationary employees, may be dismissed for causes specified in Education Code 44932 or for unsatisfactory performance determined pursuant to Education Codes 44660-44665. Procedures and time limits for such action shall be those set forth in Education Code 44948.3.

 

Decision Not to Rehire

 

The Board may decide not to rehire a probationary employee at the end of his/her first year and give written notice of its decision to the employee at any time during the year. If the Board does not give written notice, the employee shall be rehired for the following year. (Education Code 44929.21)

 

The Board may decide not to rehire a probationary employee at the end of his/her second consecutive year and give written notice to the employee on or before March 15. If the Board does not give written notice on or before March 15, the employee shall be rehired for the following year. (Education Code 44929.21)

 

Dismissal of Substitute Employees

 

Substitute employees may be dismissed at any time, subject to their reemployment rights under Education Code 44918. (Education Code 44953)

 

Decision Not to Rehire/Temporary Certificated

 

Temporary certificated employees may not be rehired subject to the needs of the District and any negotiated employee contract.

 

Legal Reference:

EDUCATION CODE

44910 Exclusion of service at regional occupational centers or programs

44918 Substitute or temporary employee; reemployment rights

44929.21 Districts with 250 ADA or more; notice of reelection decision.

44932-44947 Suspension and/or dismissal of permanent employees

44948 Dismissal or suspension of probationary employees during school year

44948.3 Dismissal of probationary employees (over 250 ADA)

44949 Cause, notice and right to hearing for dismissal of probationary employee

44953 Dismissal of substitute employees

44955 Reduction in number of permanent employees

 

GOVERNMENT CODE

3543.2 Scope of representation (re duty of district to meet and negotiate regarding causes and procedures for discipline less than dismissal)

 

Adopted: 5-11-88

Revised:  6-9-99