AR 4117.4 - DISMISSAL
Certificated Personnel > Administrative Regulation 4117.4 - Dismissal
Permanent employees shall not be dismissed from their position except when cause for dismissal can be shown. Cause and procedures for dismissal are defined by provisions of Education Code sections 44932-44947
Probationary Employees (District of 250 ADA or more)
During the school year, certificated probationary employees may be dismissed for causes specified in Education Code section 44932 or for unsatisfactory performance determined pursuant to Education Code sections 44660-44665.
Whenever a first- or second-year probationary employee is so charged, the following procedures shall apply for dismissing the employee:
The Superintendent or designee shall give 30 days' prior written notice of dismissal, not later than March 15th in the case of second-year probationary employees. The notice shall include a statement of the reasons for the dismissal, notice of the opportunity to appeal, and, if the cause is unsatisfactory performance, a copy of the evaluation conducted pursuant to Education Code 44664, if applicable.
Upon receipt of the notice of dismissal, the employee may be dismissed if no request for a hearing is submitted to the Board within 15 days.
If a hearing is timely requested, the District will arrange for the appointment of an administrative law judge to conduct the hearing and to recommend a decision to the Board.
A probationary employee may be suspended without pay for a specified period of time as an alternative to dismissal.
At the end of the school year, the Governing Board may decide not to rehire probationary employees without a statement of reasons, giving notice in accordance with Education Code section 44929.21.
Regulation approved: January 10, 2019
Evergreen School District, San Jose, California