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Pocket Guide to K-12 Certificated Employee Classification and Dismissal

By Dale Brodsky
1st edition, 2004

$27 each

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arrow Pocket Guide to K-12 Certificated Employee Classification and Dismissal (Updates and Corrections)

The purpose of this Pocket Guide is to help certificated K-12 employees and their representatives, and public school employers — including governing board members, human resources personnel, administrators, and their legal representatives — navigate the often-convoluted web of laws, cases, and regulations that govern or affect classification and job security rights of public school employees.

The guide cover such important topics as dismissal, suspension, leaves of absence, layoffs, pre-hearing and hearing procedures, the Commission on Professional Competence, the Commission on Teacher Credentialing, the credential revocation process, and more.

Author Dale Brodsky is an attorney with the law firm of Beeson,Tayer & Bodine, headquartered in Oakland, California. She practices exclusively in the area of education law representing certificated employees in employment-related matter. Brodsky is a former associate editor of CPER, where she covered Public Schools.

 

Contents

I. Introduction1
    A. A Brief History of Certificated Employees' Job Security Rights1
II. Classification4
    A. Generally4
    B. Permanent Employees6
    C. Probationary Employees8
    D. Employees in Categorically Funded Positions10
    E. Temporary Employees11
    F. Employees Serving in Internship Programs14
    G. Substitute Employees16
    H. Teachers Holding Provisional Credentials17
III. Dismissal of Non-Permanent Employees19
    A. Probationary Employees19
    B. Employees in Categorically Funded Positions24
    C. Temporary Employees24
    D. Substitute Employees26
    E. Employees Serving in Internship Programs27
    F. Teachers Holding Provisional Credentials28
IV. Abandonment of Employment and Resignation29
    A. Abandonment29
    B. Resignation30
    C. Abandonment and/or Resignation Problems32
    D. Resignation in Lieu of Non-Reelection32
V. Suspensions and Leaves of Absence34
    A. Generally34
    B. Immediate Suspension Permitted34
    C. Leave of Absence When Criminal Charges Are Filed36
    D. Suspension and Leave on Account of Mental Illness37
VI. Layoffs41
    A. Grounds for Layoffs41
    B. Employees Subject to Layoff Procedures42
    C. Timing and Process43
    D. Selections for Layoff44
    E. Preferred Right of Reemployment46
    F. Status During Layoff48
    G. Return to Work After Layoff49
    H. Dismissal and Non-Reelection During Layoff50
VII. Dismissal and Suspension of Permanent Employees51
    A. Statutory Authority Preempts Collective Bargaining Agreement51
    B. Automatic Dismissal Permitted in Limited Circumstances52
    C. Just Cause for Dismissal Under Sec. 4493253
VIII. Pre-Hearing Procedures for Dismissal and Suspension60
    A. Notice of Intention to Dismiss60
    B. Time Limits, Generally60
    C. Statement of Charges61
    D. Prior Written Notice of Charges Required in Cases of Unprofessional Conduct and Unsatisfactory Performance62
    E. Notice Not Required for Charges Other Than Unsatisfactory Performance and Unprofessional Conduct62
    F. Employee's Demand for a Hearing63
IX. Hearing Procedures64
    A. Generally64
    B. Accusation Initiates the Hearing Process64
    C. Notice of Defense66
    D. Timing of Hearing67
    E. Commission on Professional Competence68
    F. Discovery70
    G. Pre-Hearing and Settlement Conferences72
    H. Standard of Proof and Admissibility of Evidence73
    I. The Four-Year Rule75
    J. Hearing Costs76
    K. Remedies When the Employee Prevails76
    L. Remedies When the District Prevails77
X. Judicial Review of Commission on Professional Competence Decisions78
    A. Review by Administrative Mandamus78
    B. Standard of Judicial Review79
XI. Reporting Requirements of the Commission on Teacher Credentialing80
    A. Overview of CTC80
    B. Mandatory Reporting by School Districts81
    C. Employment While Action Is Pending84
XII. The Credential Revocation Process85
    A. The Committee on Credentials85
    B. The Committee's Investigatory Process85
    C. CTC's Limited Right to Initiate an Investigation87
    D. Initial Review88
    E. Formal Review89
    F. Results of the Investigation92
    G. Review by the Full Commission93
XIII. Grounds for Credential Revocation94
    A. Generally94
    B. Discretionary Grounds for Revocation94
    C. Mandatory Grounds for Immediate Revocation96
    D. Effect of Deferred Entry of Judgment (Previously Known as 'Diversion')98
    E. Procedures for Certificated Employees With a Communicable Disease or Mental Illness99
    F. County Boards of Education100

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