Dismissal of Permanent Employees
Permanent employees shall not be deprived of their position except when cause for the dismissal can be shown. Cause and dismissal procedures are provided in law. (Education Code 44932 et seq)
Dismissal of Probationary Employees (districts of less than 250 ADA)
Teachers who are probationary employees, including district interns, may be dismissed only for cause (Education Code 44948(a) and 44948.5(e)). When a teacher is dismissed during the school year, procedures shall be according to law. (Education Code 44948) When a teacher is dismissed at the end of the year, procedures shall according to law. (Education Code 44948.5)
A teacher or district intern dismissed at the end of the year shall receive written notice on or before March 15. The employee may request a hearing to determine if there is cause for not reemploying him/her. If the Board does not give written notice on or before March 15, the employee shall be rehired for the following year. (Education Code 44948.5)
Dismissal of Probationary Employees (districts of more than 250 ADA)
During the school year, teachers who are first and second year probationary employees, including district interns and teacher trainees in their first, second or third year, may be dismissed for cause or unsatisfactory performance (Education Codes 44660-44665) Procedures and time limits for such action shall be those set forth in law. (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)
The Board may also decide not to rehire a district intern or teacher trainee at the end of his/her first, second or third consecutive year. Written notice to the employee may be given at any time during the year except during the employee's last year as an intern, when notice must be given on or before March 15. If the Board does not give written notice, the employee shall be rehired as a probationary employee for the following year. (Education Codes 44929.1, 44885.5)
(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
44918 Substitute or temporary employee; reemployment rights
44929.21 Districts with 250 ADA or more; notice of reelection decision.
44932 et seq. Suspension and/or dismissal of permanent employees
44948 Dismissal or suspension of probationary employees during school year
44948.3 Re dismissal of probationary employees (over 250 ADA)
44948.5 Re dismissal of probationary employees (under 250 ADA)
44953 Dismissal of substitute 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 WAUGH SCHOOL DISTRICT
adopted: March 13, 1992 Petaluma, California