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Legal Resources | Title 5 |  T5  80339.6  

Rights of Certificated Persons.   

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When a certificated person files a written notice pursuant to Education Code section 44258.9(g)(2), that person may request the Committee to review any determination and decision by the county superintendent that an assignment is legally authorized. When a certificated person employed in a county-operated school files a written notice pursuant to Education Code section 44258.9(g)(2), that person may also request the Committee to review any determination and decision by the county superintendent that the assignment is legally authorized. In these cases, the county superintendent, the administrators immediately responsible for the misassignment, and the local governing board of the subject county will be treated in the same manner as those comparable individuals and bodies at the district level are treated in Title 5, California Code of Regulations sections 80339.2 through 80339.6.

When a certificated person who has been notified pursuant to Title 5, California Code of Regulations section 80339.2 that he or she is in an unauthorized assignment submits to the county superintendent of schools written verification of his or her effort to obtain an authorized assignment, he or she shall not be subject to penalties under Title 5, California Code of Regulations section 80339.5. Such verification may include, but need not be limited to, copies of written requests to the immediate administrator or supervisor, the department of personnel matters, and the school superintendent.

Authority cited:

Education Code 44225

Education Code 44258.9(g)

Reference:

Education Code 44258.9(g)

(Added by Register 93, No. 39.)