Fischer

Introduction

In this appeal, we reconcile provisions of the Education Code, which give a board of education an absolute right not to reelect probationary employees, with the open meeting requirement of the Ralph M. Brown Act, which requires that certain employees be given written notice of a right to have “specific complaints or charges” against them heard in open session. We conclude that Government Code section 54957 and Education Code section 44929.21 permit a school board not to reelect probationary teachers in a closed session, and that an evaluation of performance of a probationary teacher does not constitute the bringing of “specific complaints or charges” so as to require 24-hour written notice provided by section 54957.

The Ralph M. Brown Act (§ 54950 et seq.; the Brown Act) requires local legislative bodies, including boards of education, to conduct open and public sessions. The Brown Act contains a “personnel exception” that allows local legislative bodies to hold closed sessions to act on matters such as the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. The Brown Act also requires 24-hour written notice to…