Section 44948.3 Of Article 3. Resignations, Dismissals, And Leaves Of Absence From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 4. >> Article 3.
44948.3
. (a) First and second year probationary employees may be
dismissed during the school year for unsatisfactory performance
determined pursuant to Article 11 (commencing with Section 44660) of
Chapter 3, or for cause pursuant to Section 44932. Any dismissal
pursuant to this section shall be in accordance with all of the
following procedures:
(1) The superintendent of the school district or the
superintendent's designee shall give 30 days' prior written notice of
dismissal, not later than March 15 in the case of second year
probationary employees. The notice shall include a statement of the
reasons for the dismissal and notice of the opportunity to appeal. In
the event of a dismissal for unsatisfactory performance, a copy of
the evaluation conducted pursuant to Section 44664 shall accompany
the written notice.
(2) The employee shall have 15 days from receipt of the notice of
dismissal to submit to the governing board a written request for a
hearing. The governing board may establish procedures for the
appointment of an administrative law judge to conduct the hearing and
submit a recommended decision to the board. The failure of an
employee to request a hearing within 15 days from receipt of a
dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board, pursuant to this section, may suspend a
probationary employee for a specified period of time without pay as
an alternative to dismissal.
(c) This section applies only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter, and does not apply to probationary employees
in a school district having an average daily attendance of less than
250 pupils.