Kolter

Kolter v. Commission on Professional Competence of Los Angeles Unified School District

Good Law
170 Cal. App. 4th 1346·2009 Cal. App. LEXIS 150·88 Cal. Rptr. 3d 620
Court of Appeal of CaliforniaJanuary 8, 2009B206134California2,334 words

Opinion

Opinion

Dunning, J.

May the governing board of a school district convene in a closed session to initiate the process to dismiss a permanent certificated teacher without complying with the Ralph M. Brown Act (Gov. Code, § 54950 et seq.; the Brown Act), which requires 24-hour written notice to the employee of the right to have the matter heard in an open session? Yes.

FACTUAL AND PROCEDURAL BACKGROUND

The governing board of the Los Angeles Unified School District (District) met in a closed session on May 2, 2006, and initiated the process to dismiss permanent certificated elementary school teacher Colleen Kolter. (Ed. Code, § 44934.) Kolter did not receive any premeeting notice of the session or of the charges against her. After the closed session, the District notified Kolter by mail of the intent to dismiss and her right to a public hearing. (Ed. Code, § 44941.)

Kolter, represented by counsel, exercised her statutory right to a hearing before the Commission on Professional Competence of the Los Angeles Unified School District (Commission). (Ed. Code, § 44944.) Before any evidence was presented to that body, Kolter moved to dismiss the proceedings, arguing the governing board’s closed…

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