BJCE Superintendent: Dismissal/Nonrenewal

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)


If the Superintendent is employed at will, (s)he may be dismissed at any time, for any reason, except as otherwise prohibited by law.


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)


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)


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)

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]


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)


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