DFAC - PROBATIONARY CONTRACTS: RETURN TO PROBATIONARY STATUS

In lieu of terminating a term contract employee, or not renewing a term contract, the School may, with written consent of the teacher, return the employee to probationary contract status.

AFTER BOARD PROPOSAL

Except as provided below, an employee may agree to be returned to probationary status only after receiving written notice that the Board has proposed discharge, termination, or nonrenewal. [See DF series]

AFTER NOTICE FROM SUPERINTENDENT

An employee may agree to be returned to probationary contract status after receiving written notice of the superintendent's intent to recommend discharge, termination, or nonrenewal.

Notice

The notice must inform the employee of the School's offer to return the employee to probationary contract status, the period during which the employee may consider the offer, and the employee's right to seek counsel. The School must provide the employee at least three business days after the employee receives the notice to agree to be returned to probationary contract status. This provision does not require a superintendent to provide notice of intent to recommend discharge, termination, or nonrenewal.

NEW PROBATIONARY PERIOD

An employee returned to probationary status must serve a new probationary period as if the employee were employed by the School for the first time.

Education Code 21.106

Adopted: 1/26/96

Amended: 9/26/97, 4/1/05

Reviewed: 1/24/02


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