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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 36155
Experience:  Retired (mostly)
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I am in xxxx and I understand that

Customer Question

I am in xxxx and I understand that xxxx does not cover public school managers. In what forum would someone pursue a school districts failure to follow Ed code regarding discipline. In this case having discipline of a certificated manager come before the board of education without a written notice to the employee. The employee had agreed to a demotion to a teaching position based on the issues that were to be in the 45 day notice of unprofessional conduct. This was stated in board minutes as decided to be issued to the employee , but was never given. Also is it required to give written notice to put an employee on Administrative Leave or is verbal notice sufficient? After demotion, would the employee need to sign a contract for the next year of teaching?

Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.

Under Ed. Code 45113(a), the school board of your district is required to adopt rules for disciplinary proceedings related to classified employees, including management. The board may express delegate this process to the PERB (Govt. Code 3540 et seq.) . Otherwise, you would be subject to the school board's local procedures.

If the board completely ignores any procedure, or fails to establish one, then your recourse would be to file a petition for a writ of mandate with the Superior Court in the county where the school board sits, and thereby obtain a court order requiring the board to either do its job or suffer contempt orders for the failure, until they change their mind (which could in an egrigious case, include jail time).

Filing a writ petition is not something that you can "do-it-yourself." You will need a lawyer.

If you need a link to a civil litigation lawyer referral webpage, please let me know and I will be happy to provide.

Hope this helps.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Answer referred to classified employees when I expressly stated that I was asking certificated employee. also the other parts of my question were not addressed. If they were not going to be answered then I should have been told there was no answer or that there could not be multiple related questions within a question submitted. I signed up for the monthly service trial, but I wish to cancel it. Thank you. I also saw no option to cancel the whole inquiry when dissatisfied. So I am typing this here
Expert:  socrateaser replied 1 year ago.

So, just to be clear, you want nothing further to do with me or the website?

If I've made an error in understanding your original question, I'll be happy to rework the answer. But, your comments seem to suggest that you believe you've been intentionally misled. If you're no longer interested in my services or the website, just say the word and I will send you over to customer service for a refund of your deposit.


Or, I'll opt out and let someone else try to assist.

Thanks in advance.

Customer: replied 1 year ago.

Hello, I do not at all believe I have been intentionally mislead, I apologize if that is how it came across. Yes, I would like to cancel my subscription. and have a refund.


Thank you.

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