Wilmot
Wilmot v. Commission on Professional Competence
Opinion
Opinion
Ardaiz, J.
Introduction
The Education Code sets forth procedures to be followed when a school district seeks to dismiss a teacher. When the school district gives written notice of its intention to dismiss a teacher, the teacher may make a written request or “demand” for a hearing before the Commission on Professional Competence (see Ed. Code, § 44944, subd. (b)) to contest the dismissal. Section 44944, subdivision (a), provides that when a teacher makes such a request, “the hearing shall be commenced within 60 days from the date of the employee’s demand for a hearing . ...” In some instances both the teacher and the school district desire to have more than 60 days to prepare their presentations of evidence to the commission. Fourteen years ago in Powers v. Commission on Professional Competence (1984) 157 Cal.App.3d 560, 569 , [ 204 Cal.Rptr. 185 ], this court held that the parties could “ ‘stipulate that the necessary ceremonial has been observed’ ” and that such a stipulation would satisfy the 60-day requirement of section 44944, subdivision (a). This has been the law for at least the past 14 years. In the present case appellant entered into such a stipulation within the 60-day…