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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 a 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, 92 S. Ct. 2694 (1972); Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701 (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.)

Adopted:          1/26/96

Amended:        11/19/99, 1/23/15

Reviewed:        2/09/01, 11/21/03