Article 3. Resignations, Dismissals, and Leaves of Absence - California Education Code Section 44939
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California Laws > Education Code > Article 3. Resignations, Dismissals, and Leaves of Absence - California Education Code Section 44939
44939. (a) This section shall apply only to dismissal or suspension
proceedings initiated pursuant to Section 44934.
(b) Upon the filing of written charges, duly signed and verified
by the person filing them with the governing board of a school
district, or upon a written statement of charges formulated by the
governing board of a school district, charging a permanent employee
of the school district with immoral conduct, conviction of a felony
or of any crime involving moral turpitude, with incompetency due to
mental disability, with willful refusal to perform regular
assignments without reasonable cause, as prescribed by reasonable
rules and regulations of the employing school district, or with
violation of Section 51530, the governing board of the school
district may, if it deems that action necessary, immediately suspend
the employee from his or her duties and give notice to him or her of
his or her suspension, and that 30 days after service of the notice
of dismissal, he or she will be dismissed, unless he or she demands a
(c) (1) An employee who has been placed on suspension pursuant to
this section may serve and file with the Office of Administrative
Hearings a motion for immediate reversal of suspension. Review of a
motion filed pursuant to this section shall be limited to a
determination as to whether the facts as alleged in the statement of
charges, if true, are sufficient to constitute a basis for immediate
suspension under this section. The motion shall include a memorandum
of points and authorities setting forth law and argument supporting
the employee's contention that the statement of charges does not set
forth a sufficient basis for immediate suspension.
(2) The motion shall be served upon the governing board of the
school district and filed with the Office of Administrative Hearings
within 30 days after service upon the employee of the initial
pleading in the matter. The governing board of the school district
shall have the right to serve and file a written response to the
motion before or at the time of hearing.
(3) The hearing on the motion for immediate reversal of suspension
shall be held no later than 30 days after the motion is filed with
the Office of Administrative Hearings.
(4) The administrative law judge shall, no later than 15 days
after the hearing, issue an order denying or granting the motion. The
order shall be in writing, and a copy of the order shall be served
by the Office of Administrative Hearings upon the parties. The grant
or denial of the motion shall be without prejudice to consideration
by the Commission on Professional Competence based upon the full
evidentiary record before it, of the validity of the grounds for
dismissal. The ruling shall not be considered by the commission in
determining the validity of the grounds for dismissal, and shall not
have any bearing on the commission's determination regarding the
grounds for dismissal.
(5) An order granting a motion for immediate reversal of
suspension shall become effective within five days of service of the
order. The school district shall make the employee whole for any lost
wages, benefits, and compensation within 14 days after service of an
order granting the motion.
(6) A motion made pursuant to this section shall be the exclusive
means of obtaining interlocutory review of suspension pending
dismissal. The grant or denial of the motion shall not be subject to
interlocutory judicial review.
(d) A motion for immediate reversal of suspension pursuant to this
section shall have no bearing on the authority of a governing board
of a school district to determine the physical placement and
assignment of an employee who is suspended or placed on
administrative leave during the review of the motion or while
dismissal charges are pending.
Last modified: February 16, 2015