SUSPENSION WITHOUT PAY
The Board may, for good cause as determined by the Board, suspend the Superintendent without pay pending discharge or in lieu of termination. The suspension may not extend beyond the end of the school year. Education Code 21.201(1),.211(b), 21.251(a)(3)
Back Pay
If no discharge occurs subsequent to a suspension without pay, the Superintendent is entitled to back pay for the period of suspension. Education Code 21.211(c)
AT WILL
If the Superintendent is employed at will, (s)he may be dismissed at any time, for any reason, except as otherwise prohibited by law.
CONTRACT NONRENEWAL OR DISCHARGE
If the Superintendent is employed by contract the Board may choose to discharge the Superintendent for good cause at any time or not to renew the Superintendent’s term contract at the end of the contract period. Education Code 21.211(a), 21.212(a)(d)
REASONS
If the Superintendent is employed by contract, the Board shall establish by policy reasons for nonrenewal of the Superintendent’s contract. Education Code 21.212(d)
NOTICE
If a majority of the Board determines that the Superintendent’s contract should be considered for nonrenewal, it must give the Superintendent written notice of the proposed nonrenewal not later than the 30th day before the last day of the contract term. The notice of proposed nonrenewal shall contain reasonable notice of the reason for the proposed nonrenewal. Education Code 21.212(a)
If the Board fails to give notice of proposed nonrenewal as described above, it shall employ the Superintendent in the same professional capacity for the following school year. Education Code 21.212(b)
HEARING
If the Superintendent desires a hearing after receiving notice of the proposed nonrenewal, the Superintendent shall notify the Board not later than the 15th day after receiving the notice. The Board shall provide for a hearing to be held not later than the 15th day after receiving written notice from the Superintendent requesting a hearing, unless the parties agree to a different date. The hearing shall be closed, unless an open hearing is requested by the Superintendent, and shall be conducted in accordance with rules promulgated by the Board or by the process described at DFD, if the Board has decided to use hearing examiners for nonrenewal hearings. At the hearing, the Superintendent may:
- Be represented by a representative of the Superintendent’s choice;
- Hear the evidence supporting the reasons;
- Cross-examine adverse witnesses; and
- Present evidence.
Education Code 21.207
BOARD DECISION
To evaluate the evidence put before it, the Board shall use the preponderance of the evidence standard of the review. Whitaker v. Marshall ISD, Comm. Ed. Dec. No. 112-R1-598 (1998).
If the Superintendent requests a hearing, the Board shall take the appropriate action to renew or non-renew the contract and shall notify the Superintendent in writing of that action not later than the 15th day following the conclusion of the hearing.
NO HEARING
If the Superintendent fails to request a hearing, the Board shall take appropriate action and shall notify the Superintendent in writing of that action not later than the 30th day after the date the Board sends the notice of proposed nonrenewal. Education Code 21.212(c)
CONTRACT DISMISSAL
If the Superintendent is employed by contract, the Superintendent may be dismissed for good cause before the completion of the term fixed in the contract, in which case the following provisions will apply. Education Code 21.211(a); 21.212(d)
GROUNDS FOR DISMISSAL
An attempt by the Superintendent to encourage or coerce a child to withhold information from the child’s parent is grounds for discharge or suspension without pay. Education Code 26.008(b) [See FNG]
NOTICE
Before dismissal for good cause, the Superintendent 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 Superintendent to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985)
HEARING
The Board may conduct the hearing in open meeting or in closed meeting unless the Superintendent requests a public hearing, in which case the hearing shall be open to the public. Gov’t Code 551.074
[See DFD]
Adopted: 3/25/94
Amended: 1/26/96, 5/24/96, 11/15/96, 02/09/01, 11/21/03, 11/19/04, 1/26/18, 5/31/19
Reviewed: 11/22/02