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Antelope Valley Union HSD |  BP  4117.4  Personnel

Dismissal   

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The district shall consult with legal counsel well before dismissal proceedings are to be instituted. The complexity of Education Code provisions pertaining to dismissal make such consultation imperative.

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.

Dismissal of Probationary Employees

During the school year, teachers who are first and second year probationary employees, including district interns 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 of Trustees 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)

(cf. 4116 - Probationary/Permanent Status)

Dismissal of Substitute Employees

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

Legal References:

EDUCATION CODE

44660-44665 Evaluation and assessment of performance

44842 Automatic declining of employment

44918 Substitute or temporary employee; reemployment rights

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

44929.23 Districts with daily attendance less than 250

44932-44947 Suspension and/or dismissal of permanent employees

44948 Dismissal or suspension of probationary employees during school year

44948.2 Election to use provisions of Education Code 44948.3

44948.344948.3 Dismissal of probationary employees (over 250 ADA)

44948.544948.5 Dismissal of probationary employees (under 250 ADA)

4494944949 Cause, notice and right to hearing for dismissal of probationary employee

4495344953 Dismissal of substitute employees

4495544955 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)

Policy ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

adopted: November 13, 1990 Lancaster, California