Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

otherwise.

If the appointment or term does not exceed a year, the administrator must be notified

that he or she will not be reemployed for the following college year

on or before March 15

The consequences for failing to provide the required notice are significant. Section 72411,

subdivision (c) provides that, if the board fails to give the required notice, the administrator is

deemed to be reemployed

for a term of the same duration as the one completed, with all other

terms and conditions unchanged.

In other words, if a district misses the statutory or contractual

notice deadline for an administrator with a four-year contract, he or she is deemed reemployed

for

four years.

Thus, it is critically important that districts calculate and calendar the notice of

non-renewal deadlines for each administrator contract. Often, administrators negotiate contracts

with longer notice periods than the six months provided by statute. These deadlines should be

calendared at the time the contract is executed to avoid missing the deadline and inheriting an

administrator that the district had intended to release for a lengthy term. However, an employee

may not intentionally avoid service of the notice and then claim that the District failed to give

notice.

C. S

UBSTITUTE OR

“A

CTING

” A

DMINISTRATORS

Districts are permitted to appoint administrators, without application of Sections 72411,

subdivisions (b) and (c), to fill positions on a temporary basis. Educational administrators

assigned on a temporary basis must still be employed by assignment or contract under Section

72411, subdivision (a). Districts, however, have greater flexibility to release acting

administrators. This section largely addresses district needs to quickly fill administrative

vacancies during a search for a permanent hire.

D. D

ISCIPLINE AND

ISMISSAL OF

DMINISTRATORS

Education Code Section 72411.5 regulates the discipline and dismissal of administrators during

the term of their contract. Administrators without tenure as faculty members may be disciplined

or dismissed for cause in accordance with the terms of the appointment or contract. However,

the dismissal of, and imposition of penalties for cause on, an administrator with tenure as a

faculty member must comply with the provisions applicable to faculty members.

Finally, as

noted above, Section 72411, subdivision (a) permits, but does not require, that non-educational

administrators be employed by assignment or contract. Section 72411.5 further provides that,

where an administrator is not employed by assignment or contract, he or she serves in the

administrative assignment at the pleasure of the governing board.