Memo 2:

Time Lines For Processing Certificated Layoffs, Administrator Reassignments, And Notices of Nonreelection To Certain Probationary Certificated Employees

By March 15 of each school year certificated layoffs, certificated administrator reassignments, and (for districts with 250+ ADA) notices of nonreelection to probationary certificated employees must have been processed by school employers. Each statutory deadline is absolutely inflexible. Failure to give the appropriate notices within the statutory time lines will void any tardy attempts to give notice.

Please carefully note the following statutory deadlines as well as Schools Legal Service internal office deadlines. We need to hear from you as early in the calendar year as possible if you expect our assistance in layoffs, reassignments or nonreelections for the current school year.

A. CERTIFICATED LAYOFFS

Whether for reduction in services or for reduction in ADA, notices to the affected employees must be given prior to the statutory deadline of MARCH 15.

B. CERTIFICATED ADMINISTRATOR REASSIGNMENTS

All certificated administrators who may be reassigned for the following school year must be notified of possible reassignment NO LATER THAN MARCH 15. Prior board action is not required. See our separate Schools Legal Service Handbook Memo No. 4 for the reassignment procedures.

C. NOTICES OF NONREELECTION TO CERTAIN PROBATIONARY CERTIFICATED EMPLOYEES (NOT AVAILABLE TO DISTRICTS WITH LESS THAN 250 ADA)

In county offices and in K-12 districts with 250+ ADA, streamlined procedures are available under Education Code section 44929.21(b), allowing governing boards to give notices of nonreelection to first-year and second-year probationary certificated employees without the necessity of a "for-cause" hearing. The nonreelection process is not a substitute for certificated layoffs based on reduction in services or reduction in ADA.

The language of section 44929.21(b) allows the giving of "nonreelection" notices at any time prior to the statutory deadline of March 15 of the second year of probationary employment. We recommend that districts observe the March 15 deadline for first-year probationary teachers as well.

For purposes of preliminary intake on any of the above subjects, please contact Roger R. Grass. In addition, we would appreciate a letter, as early in the calendar year as possible, including the following information:

1. Approximate number of teaching positions you intend to eliminate by layoff;

2. Approximate number of administrators you intend to reassign; and

3. Approximate number of probationary teachers you intend to nonreelect.

Also, if possible, please let us know the tentative date on which your board will meet to consider adoption of (a) the layoff resolution, and (b) notices of nonreelection for probationary teachers.

Please call our office if you have any questions concerning these matters.

NONREELECTION OF PROBATIONARY CERTIFICATED EMPLOYEES OVERVIEW
 Memo #2 Attachment

1. In a district with an ADA of 250 or greater, a probationary teacher may be “nonreelected” by board action. There is no evidentiary hearing. The teacher must be notified of the board’s decision by March 15.

2. The procedural steps in a nonreelection are:

    a. The teacher is notified that the board will be asked to consider the proposed nonreelection at a board meeting.

    b. The teacher is notified that he/she has a right to address the board at the meeting. The teacher, however, does not have a right to an evidentiary hearing before the board.

    c. The appropriate item is placed on the board’s agenda as an action item.

    d. The board takes action.

    e. The teacher is notified no later than March 15 of the board’s action.

3. Schools Legal Service recommends that nonreelections not be used as an alternative to a layoff.

4. In a district with an ADA under 250, the probationary teacher has a right to a hearing. The procedure is set forth at Education Code section 44948.5. The initial notice must be served on the teacher by no later than March 15. The teacher has a right to a hearing before an administrative law judge, who prepares a proposed decision. The board has the right to make the final decision, and the teacher must be notified of that decision by no later than May 15.

REASSIGNMENT OF ADMINISTRATORS OVERVIEW

1. Administrators do not acquire permanent status as administrators. However, they do acquire permanent status as certificated employees of the district. For example, if a principal is hired by the district, serves four years, and is then reassigned to the classroom, he/she cannot be released from employment altogether.

2. There is a two-step procedure under Education Code section 44951. The district must act, and must notify the administrator, no later than March 15 that there is a possibility that he/she may be reassigned. If there is a final decision to reassign, the board must act, and the administrator must be so notified no later than June 30.

3. The procedure for reassigning an administrator is:

    a. The administrator is notified that the board will be asked to consider the possible reassignment at a board meeting.

    b. The administrator is notified that he/she has a right to address the board at the meeting.

    c. The appropriate item is placed on the board’s agenda, as an action item.

    d. The board takes action to adopt the notice of possible reassignment.

    e. The administrator is notified no later than March 15 that the board is considering possible reassignment.

In the second phase of the reassignment, “the other shoe drops” and the board takes final action as follows:

    a. The administrator is notified that the board will be asked to reassign him/her to another position.

    b. The administrator is notified that he/she has a right to address the board at the meeting.

    c. The appropriate item is placed on the board’s agenda, as an action item.

    d. The board takes action to order the reassignment.

    e. The administrator is notified no later than June 30 that he/she has been reassigned.

4. If the board has irrevocably decided that the administrator will be reassigned, the Notice of Possible Reassignment and the Final Notice of Reassignment may be issued at the same time and prior to March 15.

5. If the administrator is in his/her first or second year of employment with the district, and complete termination of employment is the objective, that person must receive a “double-barreled notice.” That is, the administrator must also receive a Notice of Nonreelection under Education Code section 44929.21 by March 15.

6. If an administrator is demoted or reassigned, he or she has a right to demand a statement of reasons for the district’s actions, pursuant to Education Code section 44896.



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