EMPLOYMENT STATUS
The Board may employ the Superintendent at will as the executive officer of a state agency, or by contract for a term not to exceed five years, as the Superintendent of a special public school. Education Code 11.201(b)
The legal authority of the Board to employ the Superintendent by contract is derived from its assigned role to organize and conduct itself in the same manner as an independent school district board of trustees to the extent that the organization and conduct do not conflict with the Board’s responsibilities relating to the status of the School as a state agency. Education Code 30.022(d)
State limitations on contracting with a former or retired agency employee do not apply to employment of the School’s Superintendent. Education Code 30.024(b); Government Code 2252.901
Property Interest
If the Superintendent is employed by contract, the contract of employment with the School creates a property interest in the position only for the period of time stated in the contract.
Such a contract creates no property interest of any kind beyond the period of time stated in the contract. Perry v. Sindermann, 408 U.S. 593 (1972); Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972)
At Will
If the Superintendent is employed at will, the School has no duty to the Superintendent regarding continuation of employment. (See also Policy DCD.)
Financial Exigency
On the basis of a financial exigency declared under Education Code 44.011 that requires a reduction in personnel, the Board may choose to amend the terms of the contract of the Superintendent employed under a term contract. A superintendent whose contract is amended under this provision may resign without penalty by providing reasonable notice to the Board and may continue employment for that notice period under the prior contract. Education Code 21.212(f)
Adopted: 1/26/96
Amended: 11/19/99, 1/23/15, 4/5/19
Reviewed: 2/09/01, 11/21/03