The notice must advise the employee that the superintendent has recommended to the board that the employee be notified that his or her services will not be required for the following year, the reasons for the recommendation and the employee’s right to request a hearing to determine whether there is cause for the action. An employee must be given at least seven days from March 15 to request a hearing. The notices must be delivered in person or sent via registered mail to the last known address of the employee. See Education Code section 44949 for further details concerning the content of the notice.
Education Code 44949 allows employees who are given a layoff notice to request a hearing before an administrative law judge with the Office of Administrative Hearings. After a hearing is held, the administrative law judge must submit his or her proposed decision to the board for consideration on or before May 7. The board shall make a final decision regarding the sufficiency of the cause and disposition of the layoff upon receipt of the administrative law judge’s proposed decision. None of the findings, recommendations or determinations of the administrative law judge are binding on the board. The board may conduct its own hearing, adopt the administrative law judge’s proposed decision, refer the case back to the administrative law judge for additional evidence, or reject or modify the proposed decision and make its own determination based upon its review of the record. Following the board’s decision, the superintendent or designee shall give final notice to the affected employees before May 15, unless the parties agree otherwise in accordance with procedures required by law.