ARTICLE 3. Resignations, Dismissals, and Leaves of Absence

Article 3 enacted by Stats. 1976, Ch. 1010.

§§ 44930–44988 · 77 sections

§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 request…
§ 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 date of…
§ 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…
§ 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…
§ 44939.5 (a) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private…
§ 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…
§ 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…
§ 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 the…
§ 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…
§ 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…
§ 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 or her…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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…
§ 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 shall be…
§ 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…
§ 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.…
§ 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…
§ 44948.3 (a) First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11…
§ 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 persons…
§ 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 for the ensuing year…
§ 44951 Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States…
§ 44952 The provisions of Section 44949 shall not be construed as in any way modifying or affecting the provisions of Section 44948.
§ 44953 Governing boards of school districts may dismiss substitute employees at any time at the pleasure of the board.
§ 44954 Governing boards of school districts may release temporary employees requiring certification qualifications under the following circumstances: (a) At the…
§ 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 to…
§ 44955.5 (a) During the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if…
§ 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…
§ 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…
§ 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…
§ 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 the…
§ 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 the…
§ 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…
§ 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…
§ 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 22804.
§ 44962 Governing boards of school districts may grant leaves of absence to persons employed in positions requiring certification qualifications.
§ 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 purpose or for…
§ 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 to any…
§ 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 to be…
§ 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…
§ 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 consecutive years…
§ 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 of the…
§ 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 not to receive…
§ 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 service in the…
§ 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 of absence shall…
§ 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…
§ 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 at the time of the…
§ 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 by law for…
§ 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 of the…
§ 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…
§ 44977 (a) During each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all…
§ 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…
§ 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 and additional…
§ 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…
§ 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 on or…
§ 44979 (a) A certificated employee of a school district, county office of education, or state special school who has been an employee of that employing entity for a…
§ 44980 A certificated employee of any school district or state special school who accepts a position requiring certification qualifications in the office of any…
§ 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 election in cases of personal…
§ 44982 A person employed by a school district, county superintendent of schools, or state special school in a position requiring certification qualifications who…
§ 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 a position…
§ 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…
§ 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, or…
§ 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 exceed…
§ 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 this…
§ 44987 (a) (1) 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 of…
§ 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 purpose of…
§ 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 to which certificated…