California Education Code ARTICLE 3 - Resignations, Dismissals, and Leaves of Absence
- Section 44930.
(a) Governing boards of school districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which, except as...
- Section 44931.
Whenever any certificated employee of any school district who, at the time of his or her resignation, was classified as permanent, is reemployed within 39...
- Section 44932.
(a) A permanent employee shall not be dismissed except for one or more of the following causes:(1) Immoral conduct, including, but not limited to, egregious misconduct. For...
- Section 44933.
A permanent employee may be dismissed or suspended on grounds of unprofessional conduct consisting of acts or omissions other than those specified in Section 44932,...
- Section 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...
- Section 44934.1.
(a) This section shall apply only to dismissal or suspension proceedings based solely on charges of egregious misconduct, as described in paragraph (1) of subdivision (a)...
- Section 44935.
(a) A report on the fitness of a certificated employee in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 shall not be...
- Section 44936.
(a) The notice of dismissal or suspension in a proceeding initiated pursuant to Section 44934 or 44934.1 may be given at any time of year.(b) Notwithstanding subdivision...
- Section 44937.
In a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1, if the employee does not demand a hearing by filing a written...
- Section 44938.
(a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the...
- Section 44939.
(a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934.(b) Upon the filing of written charges, duly signed and verified by the...
- Section 44939.1.
(a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1.(b) Upon the filing of written charges, duly signed and verified by...
- Section 44939.5.
(a) School districts, county offices of education, and charter schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as...
- Section 44940.
(a) For purposes of this section, “charged with a mandatory leave of absence offense” is defined to mean charged by complaint, information, or indictment filed in...
- Section 44940.5.
A certificated employee placed on compulsory leave of absence pursuant to Section 44940, and a classified employee placed on compulsory leave of absence pursuant to...
- Section 44941.
(a) The notice of suspension and intention to dismiss shall be in writing and served pursuant to Section 44936. A copy of the charges filed, containing...
- Section 44941.1.
Notwithstanding Section 44941, the notice of suspension and intention to dismiss that is based exclusively on charges of egregious misconduct as described in paragraph (1)...
- Section 44942.
(a) Any certificated employee may be suspended or transferred to other duties by the governing board if the board has reasonable cause to believe that the...
- Section 44943.
When any employee who has been served with notice pursuant to Section 44934 or 44934.1 of the governing board’s intention to dismiss or suspend him...
- Section 44944.
(a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934.(b) (1) (A) In a dismissal or suspension proceeding initiated pursuant to Section 44934, if...
- Section 44944.05.
(a) In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code,...
- Section 44944.1.
(a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1.(b) Once the governing board of the school district has initiated dismissal...
- Section 44944.3.
At a hearing conducted pursuant to Section 44944 or 44944.1, the administrative law judge, before admitting any testimony or evidence concerning an individual pupil, shall...
- Section 44945.
The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board or...
- Section 44946.
If the employee has been suspended pending the hearing, he shall be reinstated within five days after the governing board’s decision in his favor, and...
- Section 44947.
If an employee is dismissed for immoral conduct or conviction of a felony or crime involving moral turpitude, the governing board shall transmit to the...
- Section 44948.
(a) Governing boards of school districts shall dismiss probationary employees during the school year for cause only, as in the case of permanent employees.This subdivision shall...
- Section 44948.2.
Notwithstanding subdivision (a) of Section 44948 and subdivision (c) of Section 44948.3, the governing board of any school district having an average daily attendance of...
- Section 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)...
- Section 44948.5.
(a) This section applies only to (1) probationary employees of a school district with an average daily attendance of less than 250 pupils, or (2) those...
- Section 44949.
(a) (1) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required...
- Section 44951.
Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States registered mail with...
- Section 44952.
The provisions of Section 44949 shall not be construed as in any way modifying or affecting the provisions of Section 44948.(Enacted by Stats. 1976, Ch.
- Section 44953.
Governing boards of school districts may dismiss substitute employees at any time at the pleasure of the board.(Enacted by Stats. 1976, Ch. 1010.)
- Section 44954.
Governing boards of school districts may release temporary employees requiring certification qualifications under the following circumstances:(a) At the pleasure of the board prior to serving during...
- Section 44955.
(a) No permanent employee shall be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932...
- Section 44955.5.
(a) During the time period between five days after the enactment of the Budget Act and August 15 of the fiscal year to which that Budget...
- Section 44956.
Any permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights:(a) For the period of 39 months from the...
- Section 44956.5.
For a certificated employee initially employed in an administrative position on or after July 1, 1983, who transfers to a teaching position, the period of...
- Section 44957.
Any probationary employee whose services have been terminated as provided in Section 44955 shall have the following rights:(a) For the period of 24 months from the...
- Section 44958.
If the services of any probationary employee are terminated, or if such employee is dismissed, because of a reduction in the attendance of pupils or...
- Section 44959.
As to any permanent certificated employee whose services have been terminated because of the effect of wars in which the United States is engaged upon...
- Section 44959.5.
(a) The layoff provisions of Sections 44955, 44956, 44957, 44958 and 44959 shall not be applicable to probationary certificated employees who are covered by a collective...
- Section 44960.
The services of any permanent certificated employee referred to in Section 44959 who has been appointed to substitute service in place of another employee who...
- Section 44961.
In specifying or defining the rights of employees in Sections 44955 to 44961, inclusive, the effect of war refers to “war” as defined in Section...
- Section 44962.
Governing boards of school districts may grant leaves of absence to persons employed in positions requiring certification qualifications.(Enacted by Stats. 1976, Ch. 1010.)
- Section 44963.
When any provision of this code expressly authorizes or requires the governing board of a school district to grant a leave of absence for any...
- Section 44964.
The governing board of any school district may provide for the leave of absence from duty and may grant compensation during the leave of absence...
- Section 44965.
The governing board of any school district shall provide for leave of absence from duty for any certificated employee of the district who is required...
- Section 44966.
The governing board of any school district may grant any employee of the district employed in a position requiring certification qualifications, a leave of absence...
- Section 44967.
No leave of absence shall be granted to any employee under Section 44966 who has not rendered service to the district for at least seven...
- Section 44968.
Every employee granted a leave of absence pursuant to Section 44966 may be required to perform such services during the leave as the governing board...
- Section 44968.5.
An employee granted a leave of absence pursuant to Section 44966 or 44967 may agree in writing with the governing board of the school district...
- Section 44969.
Every employee, as a condition to being granted a leave of absence pursuant to Section 44966, shall agree in writing to render a period of...
- Section 44970.
If the employee does not serve for the entire period of service agreed upon under Section 44969, the amount of compensation paid for the leave...
- Section 44972.
Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Section...
- Section 44973.
At the expiration of the leave of absence of the employee, he shall, unless he otherwise agrees, be reinstated in the position held by him...
- Section 44974.
Both the governing board of any district and the district shall be freed from any liability for the payment of any compensation or damages provided...
- Section 44975.
No leave of absence when granted to a probationary employee shall be construed as a break in the continuity of service required for the classification...
- Section 44976.
When any school or other place of employment shall have been transferred from one district to another, any certificated employees who transfer with said school...
- Section 44977.
(a) During each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave,...
- Section 44977.5.
(a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for...
- Section 44978.
Every certificated employee employed five days a week by a school district shall be entitled to 10 days’ leave of absence for illness or injury...
- Section 44978.1.
When a certificated employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident...
- Section 44978.2.
(a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a certificated employee hired on or after, or employed...
- Section 44979.
Any certificated employee of any school district who has been an employee of that district for a period of one school year or more and...
- Section 44980.
Any certificated employee of any school district who accepts a position requiring certification qualifications in the office of any county superintendent of schools; or, any...
- Section 44981.
Any days of leave of absence for illness or injury allowed pursuant to Section 44978 may be used by the employee, at his or her...
- Section 44982.
Any person employed by a school district or by a county superintendent of schools in a position requiring certification qualifications who accepts a professional education...
- Section 44983.
Section 44977 shall not apply to any school district which adopts and maintains in effect a rule which provides that when a person employed in...
- Section 44984.
(a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees....
- Section 44985.
Every person employed by a school district in a position requiring certification qualifications is entitled to a leave of absence, not to exceed three days,...
- Section 44986.
(a) The governing board of a school district may grant a leave of absence to any certificated employee who has applied for disability benefits, not to...
- Section 44986.1.
Any member for whom the employer makes application for a disability benefit and whom the State Teachers’ Retirement System finds not to be disabled under...
- Section 44987.
(a) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of compensation for the purpose...
- Section 44987.3.
(a) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of any compensation for the...
- Section 44988.
Prior to July 1 of any school year, the governing board of any school district may designate other days during such year as the holidays...
Last modified: October 22, 2018