DFAA(LEGAL)
Suspension/Termination During Contract
Discharge
Any probationary contract employee may be discharged at any time for good cause as determined by the Board. "Good cause" is the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state. Education Code 21.104(a)
Suspension
The District may, for good cause as defined above, suspend an employee without pay in lieu of discharge. The period of suspension may not extend beyond the end of the current school year. Education Code 21.104(b)NOTICE
Before any probationary contract employee is dismissed or suspended without pay for good cause, the employee shall be given reasonable notice in writing of the charges against him or her and an explanation of the District's evidence, set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill,105 S.Ct. 1487 (1985)
Hearing
If a probationary contract employee who has received notice of proposed termination desires a hearing before an independent hearing examiner, the employee must file a written request with the commissioner not later than the 15th day after the date the employee receives notice of the proposed termination. The employee must provide the District with a copy of the request. Education Code 21.251, 21.253 [See DFD(LEGAL)]
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NOTICE TO SBEC Note: See policy DF(LEGAL) regarding circumstances in which a certified employee's dismissal must be reported to the State Board for Educator Certification (SBEC).
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DFAA(LOCAL)
Suspension/Termination During Contract
Suspension With Pay
A probationary contract employee may be suspended with pay or placed on administrative leave by the Superintendent during an investigation of alleged misconduct by the employee or at any time the Superintendent determines that the District’s best interest will be served by the suspension or administrative leave.
DFAB(LEGAL)
Termination at End of Year
Grounds For Termination
A probationary contract employee may be terminated at the end of the contract period if the Board determines that such termination will serve the best interests of the District.
NOTICE Before any probationary contract employee is terminated, the Board shall give the employee notice. Such notice shall be given not later than the 45th day before the last day of instruction required under the contract. Education Code 21.103(a)
No Appeal
The Board’s decision to terminate a probationary employee at the end of a contract period is final and may not be appealed. Education Code 21.103(a)
Failure To Notify
Failure to give a probationary employee notice of termination within the time period described above obligates the Board to employ the probationary employee for the following school year. The contract will be for a position in the same capacity under:
1. A probationary contract, if the person has been employed under a probationary contract for less than three consecutive school years; or
2. A continuing or term contract, according to District policy, if the person has been employed under a probationary contract for three consecutive school years.
Education Code 21.103(b)
DFAC(LEGAL)
Return to Probationary Status
In lieu of discharging a continuing contract employee, terminating a term contract employee, or not renewing a term contract, the District may, with written consent of the teacher, return the employee to probationary contract status. Education Code 21.106(a)
NOTICE Before any employee agrees to be returned to probationary status, the employee must receive written notice of the proposed discharge, termination, or nonrenewal.
Education Code 21.106(b)[ See DF series]
An employee returned to probationary status must serve a new probationary period as if the employee were employed by the District for the first time. Education Code 21.106(c)
