Long Beach, CA asked in Education Law and Employment Law for California

Q: I am a public school credentialed administrator who hasn't had a performance review in 8 years. Can I be fired?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, public school administrators, like other employees, are subject to evaluation and accountability mechanisms. However, the absence of a performance review for an extended period does not automatically shield an administrator from being dismissed. Your employment stability depends on a variety of factors, including contractual obligations, tenure status, and the specific policies of your employing school district.

It's important to note that California education law requires regular evaluations for certificated staff, which includes credentialed administrators, to ensure educational standards are met and maintained. If you haven't had a performance review in 8 years, this might reflect an oversight or administrative lapse rather than an intentional exemption from evaluation processes. Nonetheless, any decision to terminate employment would need to follow legal and procedural requirements, including just cause for dismissal and adherence to due process.

If you find yourself concerned about your employment status or the lack of performance reviews, it might be beneficial to initiate a conversation with your superiors or the human resources department. Understanding your rights and the specific policies that apply to your situation is crucial. In some cases, seeking advice from a professional experienced in educational law can provide clarity and assist in navigating any potential issues proactively.

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