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

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. If a district misses the statutory or contractual notice deadline for an administrator with a four-year contract, he/she/they 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. 53 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. 54 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 D ISMISSAL OF A 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. 55 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/she/they serves in the administrative assignment at the pleasure of the governing board.

Case Study Regarding Discipline And Dismissal Of Administrators:

Entezampour v. North Orange County Community College Dist. 56 In July 2003, plaintiff Mohammad Entezampour was hired by defendant North Orange County Community College District as dean of the science, engineering, and mathematics division at Cypress College. In February 2007, Entezampour was notified that the District would not be renewing his employment as dean for the following academic year. He sought to exercise the right “to become a first- year probationary faculty member once his/her/their administrative assignment expires or is terminated,” upon the satisfaction of statutorily enumerated conditions under Section 87458. The district refused and Entezampour filed a writ of mandate compelling the district to reassign him.

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