Any probationary contract employee may be discharged at any time for good cause as determined by the Board. "Good cause" is the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state. Education Code 21.104(a)
(See policy DF regarding circumstances in which a certified employee's dismissal must be reported to the State Board of Educator Certification.)Note: See DF regarding circumstances in which a certified employee's dismissal must be reported to the State Board for Educator Certification (SBEC).
The School may, for good cause as defined above, suspend a probationary contract employee without pay in lieu of discharge. The period of suspension may not exceed beyond the end of the current school year. Education Code 21.104(b)
Before any probationary contract employee is dismissed or suspended without pay for good cause, the employee shall be given reasonable notice in writing of the charges against him or her and an explanation of the School's evidence, set out in sufficient detail to fairly enable the employee to show any error that may exist. Cleveland Bd. of Educ. v. Loudermill, 105 S.Ct. 1487 (1985)
If a probationary contract employee who has received notice of proposed termination desires a hearing before an independent hearing examiner, the employee must file a written request with the commissioner not later than the 15th day after the date the employee receives notice of the proposed termination. The employee must provide the School with a copy of the request and must provide the Commissioner with a copy of the notice.
The parties may agree in writing to extend by not more than ten days the deadline for requesting a hearing.
Education Code 21.251, 21.253
Adopted: 11/17/95
Amended: 11/30/01, 1/24/02, 4/1/05
Reviewed: 1/26/99