The 45 Day Notice Rule -- Education Code Protection for Superintendents and Senior Managers Whose Term of Employment is About the End

Many senior school administrators -- Superintendents as well as Classified Managers -- work pursuant to contracts, some extending for up to four years.  When the term of employment comes to an end, the school district must decide whether to renew the term of employment.

One of the crucial legal rights for school administrators in this situation is the requirement of a 45 day notice.  Pursuant to section 35031 of the California Education Code, certain top-level managers must receive a notice at least 45 days prior to the end of their term of employment that the district intends to let them go. And if the notice is not given, the code clearly mandates that the employee “shall be deemed reelected for a term of the same length as the one completed, and under the same terms and conditions, and with the same compensation.”

This rule does not apply to everyone. By its own terms, Section 35031 applies to the following persons;

    • Superintendent of Schools
    • Assistant, Associate or Deputy Superintendent of Schools
       and
    • Employees in the Senior Management of the Classified Service.

We have handled cases where the required notice was not given and have been successful in enforcing employee rights under section 35031, including the right to be paid for the renewed term of employment.

Similar rules apply to site administrators, who are entitled to even more notice: they must be notified by March 15th pursuant to Education Code section 44951.  As with more senior staff, if the notice is not given, the employee is "deemed reemployed."

If you have an issue in this area, please contact Slote & Links at 415-393-8001.