Section 44934 Of Article 3. Resignations, Dismissals, And Leaves Of Absence From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 4. >> Article 3.
44934
. (a) This section shall apply to dismissal or suspension
proceedings based on charges as specified in Section 44932 or 44933,
including proceedings based on charges of egregious misconduct in
combination with other charges. Section 44934.1 shall apply to
dismissal or suspension proceedings based solely on charges of
egregious misconduct described in paragraph (1) of subdivision (a) of
Section 44932.
(b) Upon the filing of written charges, duly signed and verified
by the person filing them, with the governing board of the school
district, or upon a written statement of charges formulated by the
governing board of the school district, charging that there exists
cause, as specified in Section 44932 or 44933, for the dismissal or
suspension of a permanent employee of the school district, the
governing board of the school district may, upon majority vote,
except as provided in this article if it deems the action necessary,
give notice to the permanent employee of its intention to dismiss or
suspend him or her at the expiration of 30 days from the date of
service of the notice, unless the employee demands a hearing as
provided in this article. Suspension proceedings may be initiated
pursuant to this section only if the governing board of the school
district has not adopted a collective bargaining agreement pursuant
to subdivision (b) of Section 3543.2 of the Government Code.
(c) Any written statement of charges shall specify instances of
behavior and the acts or omissions constituting the charge so that
the employee will be able to prepare his or her defense. It shall,
where applicable, state the statutes and rules that the employee is
alleged to have violated, and it shall also set forth the facts
relevant to each charge.
(d) If the governing board of the school district has given notice
to a certificated employee of its intention to dismiss or suspend
him or her, based upon written charges filed or formulated pursuant
to this section, the charges may be amended less than 90 days before
the hearing on the charges only upon a showing of good cause. If a
motion to amend charges is granted by the administrative law judge,
the employee shall be given a meaningful opportunity to respond to
the amended charges.
(e) A notice of the governing board of the school district to an
employee of its intention to dismiss or suspend him or her, together
with written charges filed or formulated pursuant to this section,
shall be sufficient to initiate a hearing under Section 11503 of the
Government Code, and the governing board of the school district shall
not be required to file or serve a separate accusation.
(f) This section shall also apply to the suspension of
probationary employees in a school district with an average daily
attendance of less than 250 pupils that has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3542.2 of
the Government Code.