Wilmot

Wilmot v. Commission on Professional Competence

Good Law
64 Cal. App. 4th 1130·75 Cal. Rptr. 2d 656
Court of Appeal of CaliforniaJune 15, 1998F024660California8,276 words

Opinion

Opinion

Schools Legal Service, Frank J. Fekete and Grant Herndon, for Real Party in Interest and Respondent.

[Opinion certified for partial publication. [*] ]

OPINION

ARDAIZ, P.J. —

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)) [1] 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…

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