Resignations, Dismissals, and Leaves of Absence
Cal. EDC § 44938
California Statutes
(
a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to
Article 11 (commencing with
Section 44660) of
Chapter 3, if applicable to the employee. (
b) The governing board of any school district shall not act upon any charges of unsatisfactory performance unless it acts in accordance with the provisions of paragraph (1) or (2):
(1) At least calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to
Article 11 (commencing with
Section 44660) of
Chapter 3, if applicable to the employee.
(2) The governing board may act during the time period composed of the last one-fourth of the schooldays it has scheduled for purposes of computing apportionments in any fiscal year if, prior to the beginning of that time period, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to
Article 11 (commencing with
Section 44660) of
Chapter 3, if applicable to the employee. (c) “Unsatisfactory performance” as used in this
section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in
Section and does not include any other cause for dismissal specified in
Section 44932. “Unprofessional conduct” as used in this
section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections and and does not include any other cause for dismissal specified in