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Hope ESD  |  AR  4117.4  Personnel


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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.

(cf. 4116 - Probationary/Permanent Status)

Probationary Employees

During the school year, certificated 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.

(cf. 4112.21 - District Interns)

(cf. 4117.6 - Decision Not to Rehire)

When Concerns Exist Regarding Unsatisfactory Performance

1. The employee must be told that concerns exist regarding performance.

2. If improvement does not occur, the concerns should be placed in writing and copy given to the employee.

3. If improvement still does not occur, the employee should be considered for dismissal.

Grounds For Dismissal of Permanent Employee

Education Code 44932. No permanent employee shall be dismissed except for one or more of the following causes:

1. Immoral or unprofessional conduct.

2. Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188, Statutes of 1919, or in any amendment thereof.

3. Dishonesty.

4. Incompetence.

5. Evident unfitness for service.

6. Physical or mental condition unfitting him/her to instruct or associate with children.

7. Persistent violation of or refusal to obey school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the Governing Board of the school district employing him/her.

8. Conviction of a felony or of any crime involving moral turpitude.

9. Violation of Section 51530 of this code or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the statutes of 1947.

10. Violation of any provision in Sections 7000 to 7001, inclusive, of this code.

11. Knowing membership by the employee in the Communist Party.

Other Grounds For Dismissal

Education Code 44933. A permanent employee may be dismissed on grounds of unprofessional conduct consisting of acts or omissions other than those specified in Section 44932, but any such charge shall specify instances of behavior deemed to constitute unprofessional conduct.

Types Of Evidence Necessary For Dismissal

In cases where a recommendation against the renewal of contract is to be made, principals shall prepare documented evidence proving:

1. Repeated nature of difficulties - except under unusual circumstances, the unsatisfactory performance and/or conduct on the part of the teacher has been repeated on several occasions.

2. Repeated warnings - the teacher has been informed on several occasions of the unsatisfactory nature of his or her performance or conduct. Such warnings should be written form.

3. Frequent assistance - real efforts have been made to help him/her overcome his difficulties, but the efforts have not been as successful as desired.

4. Close supervision - since the discover of his/her deficiencies, his/her work has been closely supervised and the principal has personal knowledge of the teacher's failure to meet a satisfactory level.

Characteristics of Acceptable Evidence

1. Specific in nature - general charges carry little weight. Factual evidence of deficiencies in specific professional competencies and personal qualities must be presented.

2. Extensive in scope - an isolated case does not constitute sufficient evidence except under unusual circumstances. A number of instances of any incompetence or defection must be submitted.

3. Recorded - all specifics must be backed up by written memoranda made by the observer immediately after the various times the deficiencies were actually observed. Likewise, all occasions where assistance is given and all advisory conferences that are held should be made a matter of written record immediately thereafter.

4. Dated and timed - it is of great importance when recording unsatisfactory performance that notes on visits or minutes involved, type of class or location and the period of day. Visits lasting a considerable part of all of a period are more likely to provide good evidence rather than a brief visit.

5. Original drafts - written evidence presented at the dismissal hearing must be the original drafts or copies of originals made at the time of or immediately following the observation or conference. Materials that have been reorganized or copied at a later date in preparation for the hearing are not considered good evidence and should be avoided when possible.

6. Conference with teachers in need of help - frequent conferences shall be held with the teacher with needs assistance. The teacher is entitled to expect definite assistance and advice. The conference is the occasion for the administrator to commend the teacher for his/her success as well as to point out his/her shortcomings. Advice should be sincere, as encouraging as possible, but pointed and definite with regard to areas of weakness. The principal should be as certain as possible that the teacher clearly understands what areas need to be improved and how they might be improved. Some principals ask the teacher to assume a responsibility for the conference by preparing a list of problems and questions for discussion. A written and dated record of the conference should be kept on file by the principal.

Suggested Techniques For Obtaining Objective Data Concerning Unsatisfactory Certificated Employees

For any teacher who is weak or unsatisfactory, the principal must have as many objectively recorded instances as possible of a persistent course of unsatisfactory work or conduct.

Every supervisory visit by a principal to a weak or unsatisfactory teacher must be made a matter of written factual record which should include the class, date, period, clock minutes involved, and deficiencies and inadequacies observed.

If a particularly bad situation is evident it is well to have the occurrence immediately corroborated by another qualified observer and a confirming record made of the incident.

Any records concerned, such as report cards, roll-books and cumulative records, should be carefully preserved as evidence.

Observations of specific deficiencies should be gathered systematically on such points as:

1. Actual teaching.

2. Planning of lessons.

3. discipline and control of classes; handling of student problems.

4. Relations with students, with teachers, with other school personnel.

5. Physical condition of the classroom.

6. Handling of extra-curricular activities.

7. Health and grooming.

8. Compliance with school routines and rules.

Suggestions made for improvement should be recorded and dated as part of the record.

When the principal is to have an important conference at a critical time with an unsatisfactory teacher, another qualified professional person should ordinarily be present.

After the conference mentioned above, the principal should give a copy of a summary of the conference to the teacher with the written request that if the summary is not correct the teacher should so state in writing.

All of this written material should be kept in an organized form in a separate folder for each teacher.

Health Referrals

Manifestations of poor mental or physical health, which affect the performance of duties, should be made the subject of a conference with the teacher. If the condition of the teacher's health is such that he needs special assistance, it is important that the Superintendent be informed. Typical examples of poor mental or physical health, if persistent and sustained, that might justify unsatisfactory rating are the following:

1. Frequent absences or illness; absences that follow a significant pattern.

2. Necessity for frequent rest periods.

3. Inability to assume extra-curricular activities.

4. Emotional instability as evidenced by moodiness, garrulity, constant complaining, feeling of persecution, resentment of authority, suspiciousness, frequent weeping.

5. Evidence of continuing fatigue in the classroom.

6. Antagonistic attitudes toward administrators, co-workers and community.

7. Inability to accept constructive criticism.

8. Marked increase or loss of weight.

9. Facial tics and grimacing.

10. Addiction to alcohol or narcotics.

Evaluation and Rating

The evaluation and rating of unsatisfactory employees shall be made on or before December 15 and on or before February 15 each year. The employee shall be given a copy of the rating.

Schedule To Be Followed In Release Of Unsatisfactory Certificated Employee

Time Sequence: September

Activity: The principal gives each certificated employee a copy of evaluation forms to use along with performance expectations.

Time Sequence: September, October and November

Activity: Period of initial supervision for employees, period of observation on employees who need improvement; frequency depends on nature and severity of the problem; specific problems should be diagnosed and appropriate remediation

planned; frequent conferences; well documented records.

Time Sequence: End of 1st Quarter

Activity: Initial conference completed.

Time Sequence: Early December

Activity: Notification to Superintendent of unsatisfactory teacher performance and possibility of non-reemployment recommendation; cooperative plans between the Superintendent and the principal regarding future steps.

Time Sequence: By Winter Vacation

Activity: First evaluation conference with teacher of unsatisfactory performance (in writing), specific plans and suggestions for improvement are outlined; conference between Superintendent and principal, complete with all supporting records.

Time Sequence: January and February

Activity: Continued observation and supervision; additional written evaluation conferences as needed; continued effort for improvement; observation by more than one person if possible.

Time Sequence: February 15

Activity: Final evaluation conference with unsatisfactory teacher; statement of unsatisfactory performance and recommendation against reemployment; special documentation of teacher problem and implemented solutions.

Time Sequence: February 15 to 20

Activity: Meeting with Superintendent regarding last evaluation conference and overall situation; prepare presentation of situation to Governing Board.

Time Sequence: February 20 to 25

Activity: Presentation of progress report to the Board.

Time Sequence: February 25 to 28

Activity: Meeting with County Counsel and Superintendent to discuss specific charges.

Time Sequence: By March 1

Activity: Meet with employee to discuss forthcoming developments and discuss the possibility and possible advantages of a resignation.

Time Sequence: March 1 to 5

Activity: Meeting of principal, Superintendent, and County Counsel to translate difficulties into specific charges of dismissal and plan eventual course of action.

Time Sequence: March 7

Activity: Board action to not reemploy unsatisfactory teacher.

Time Sequence: Before March 15 (Education Code 44949-44932))

Activity: Official notification by Superintendent to employee that his services will not be required for the ensuing year. The Board is sent a copy. A copy is placed in employee's file.

Time Sequence: Before May 15

Activity: Final notification to employee that reemployment will not be offered for ensuing year.

SPECIAL NOTE: Proceedings to release an unsatisfactory employee for cause may be initiated an any time. The above schedule is only a suggested timetable.

Legal References:


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


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


approved: July, 1992 Santa Barbara, California