The Board may, for good cause as determined by the Board, suspend a contract employee without pay:
The suspension may not extend beyond the end of the school year.
Education Code 21.211(b)
If no discharge occurs subsequent to a suspension without pay, the employee is entitled to back pay for the period of suspension. Education Code 21.211(c)
The Board may terminate a term contract and discharge an employee at any time for:
Education Code 21.211(a)
Before any term contract employee is dismissed for good cause, the employee shall be given reasonable notice, in writing, of the charges against him or her and an explanation of the School's evidence set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 105 S.Ct. 1487 (1985)
If a term contract employee desires a hearing before an independent hearing examiner, the employee must file a written request with the commissioner not later than the 15th day after the date the employee receives notice of the proposed action. The term contract employee must provide the School with a copy of the request and must provide the Commissioner with a copy of the notice.
The parties may agree in writing to extend by not more than ten days the deadline for requesting a hearing.
Education Code 21.251, 21.253 (See DFD)
The employee may be suspended, with pay, pending the outcome of the dismissal hearing. Moore v. Knowles, 466 F.2d 531 (1972)
(See policy DF regarding circumstances in which a certified employee's dismissal will be reported to the State Board of Educator Certification.)
Adopted: 7/13/79
Amended: 3/7/80, 9/9/83, 6/29/84, 11/9/84, 9/15/88, 1/26/90, 5/26/94, 11/17/95, 1/26/99, 1/24/02, 4/1/05
Reviewed: 5/24/96