Pocket Guide to Dismissal Procedures Affecting Permanent, Certificated Employees (2019)
$13.00
By Dale Brodsky
(2019)
Out of stock
Description
For the education community….
Effective January 1, 2019, new statutory authority governs dismissals and suspensions of permanent certificated employees. This law follows AB 215, effective January 1, 2015, which achieved the most significant overhaul of the dismissal statutes since 1983.
This new edition of the dismissal guide focuses on the resulting changes, and covers, albeit briefly, the full reach of the dismissal process, including unchanged portions.
Table of Contents
Contents
I. New Statutory Authority | 1 |
---|---|
II. Dismissal and Suspension, Generally | 2 |
A. Statutes Preempt Collective Bargaining Agreement | 4 |
B. Automatic Dismissal Permitted in Limited Circumstances | 4 |
C. Just Cause for Dismissal Under Section 44932 | 4 |
III. Ground for Dismissal Enumerated in Section 44932(a) | 5 |
A. Generally | 8 |
B. Eleven Enumerated Grounds for Dismissal Under Section 44932 | 9 |
C. Added Responsibilities in Cases of Egregious Misconduct |
9 |
IV. Procedures for All Charges Other Than Soley Egregious Misconduct | 11 |
A. Statement of Charges | 11 |
B. Notice of Intent to Dismiss | 11 |
1. Generally | 11 |
2. Notice of Intent to Dismiss sufficient to initiate hearing. | 11 |
3. Time limits. | 12 |
4. Service requirements. | 12 |
C. Prior Written Notice Required Only in Cases of Unprofessional Conduct and Unsatisfactory Performance | 13 |
D. Employee’s Demand for a Hearing | 14 |
E. Immediate Suspension | 14 |
1. Immediate suspension permitted. | 14 |
2. Employee’s right to appeal suspension | 14 |
F. Leave of Absence When Criminal Charges Are Pending | 15 |
1. Mandatory leave offenses. | 15 |
2. Optional leaves offenses. | 17 |
G. Discovery | 17 |
1. Initial disclosures. | 17 |
Timing and effect of non-compliance | 17 |
Content | 17 |
2. Supplemental disclosures required. | 18 |
3. Additional prehearing disclosures required. | 18 |
4. Disclosure of experts. | 19 |
5. Depositions. | 19 |
6. Review of discovery issues. | 19 |
H. Conduct of the Hearing | 20 |
1. Timing of the hearing. | 20 |
2. Choice of adjudicators. | 20 |
Waiver of CPC permitted. | 20 |
Commission on Professional Competence | 20 |
3. Prehearing and settlement conference. | 22 |
4. Location of the hearing. | 22 |
5. Decisionmaking. | 22 |
Hearing conducted by a single ALJ | 22 |
Hearing conducted by a CPC | 23 |
6. Determinations and consequences. | 23 |
7. Costs of the hearing. | 24 |
8. Evidence. | 25 |
Testimony or evidence concerning students | 25 |
The four-year rule: 4944(b)(2) (B)1 | 25 |
V. Procedure for Charges Based Soley on Egregious Misconduct | 27 |
A. Generally | 27 |
B. Statement of Charges | 27 |
C. Notice of Intention to Dismiss | 27 |
1. Generally | 27 |
2. No time limits. | 27 |
D. Employee’s Demand for a Hearing | 28 |
E. Accusation and Notice of Defense Required to Initiate the Hearing Process | 28 |
F. Immediate Suspension | 28 |
G. Leave of Absence When Criminal Charges Are Pending | 29 |
H. Discovery | 29 |
I. Conduct of the Hearing | 30 |
1. Timing of the hearing. | 30 |
2. ALJ hears case alone. | 30 |
3. Prehearing and settlement conferences. | 30 |
4. Location. | 30 |
5. Determinations and consequences. | 31 |
6. Costs of the hearing. | 31 |
7. Evidence. | 32 |
Effect of suspension. | 32 |
Four-year rule: 44944(d)(3). | 32 |
Testimony or evidence concerning students. | 33 |
VI. Judicial Review | 34 |
A. Review by Administrative Mandamus | 34 |
B. Standard of Judicial Review | 34 |
Additional information
Weight | 0.625 lbs |
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Dimensions | 10 × 6 × 0.5 in |
Institute for Research on Labor and Employment, UC Berkeley
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