Cal. Codes » Education Code / TITLE 2. ELEMENTARY AND SECONDARY EDUCATION / DIVISION 3. LOCAL ADMINISTRATION / PART 25. EMPLOYEES / CHAPTER 4. Employment—Certificated Employees / ARTICLE 3. Resignations, Dismissals, and Leaves of Absence
California Codes

Cal. Education Code § 44948.3 (2026)

Resignations, Dismissals, and Leaves of Absence

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(a)First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures:

(1)The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice.

(2)The employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board a written request for a hearing. The governing board may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the board. The failure of an employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing.

(b)The governing board, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.

(c)This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils.

Notes of Decisions
Cited in 3 cases, 1989–2009 · leading case: Sunnyvale Unified Sch. Dist. v. Jacobs, 171 Cal. App. 4th 168 (Cal. Ct. App. 2009).
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Sunnyvale Unified Sch. Dist. v. Jacobs, 171 Cal. App. 4th 168 (Cal. Ct. App. 2009). “Nonreelection is also distinct from layoffs resulting from the need to reduce the number of employees within a district. (Id., § 44955 et seq.”
Kalamaras v. Albany Unified Sch. Dist., 226 Cal. App. 3d 1571 (Cal. Ct. App. 1991). “) While the Education Code establishes procedures for dismissing probationary teachers during the school year for unsatisfactory performance or for cause (Ed. Code, § 44948.3) and for notifying them of nonreelection (Ed.”
Zhigulina v. Bd. of Educ. of Los Angeles Unified Sch. Dist., 207 Cal. App. 3d 159 (Cal. Ct. App. 1989). “In order for respondent’s assertion to prevail, it is necessary that section 44882(b) be read not as an alternative method of termination, but as a superseding provision, an interpretation with which we disagree.”
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