{
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"code": "4312.1",
"title": "Contracts",
"type": "BP",
"section": "4000",
"lastRevised": "04/22/2026",
"lastReviewed": "04/22/2026",
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"revid": "IEVjvSxRcvBfGhuDpg2XIQ==",
"contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\n\nAdministrative and Supervisory Personnel \n \nThe Governing Board recognizes the importance of employing qualified and competent individuals to manage district programs and to assist the Superintendent in coordinating efforts to achieve district goals and objectives. To that end, the Governing Board may fill certificated administrative and supervisory positions and classified senior management positions on a contract basis. \n \nThe Governing Board may offer a continuing contract of up to four years to any deputy, associate, or assistant superintendent; any certificated employee holding a position requiring a supervision or administration credential; or any senior manager of the classified service. (Education Code 35031, 44929.20) \n \nPrior to entering into any such contract, the Governing Board and Superintendent shall consider the financial impact of the contract on the district. The proposed contract shall also be reviewed by legal counsel to ensure that all legally required provisions are included in the contract and to address any potentially adverse obligations for the district. \n \nThe Governing Board may deliberate in the closed session of a regular meeting about the terms of an employment contract for a deputy, associate, or assistant superintendent; other certificated employee holding a position requiring a supervision or administration credential; or a senior manager of the classified service. Discussions regarding salary, salary schedule, or other compensation may occur in the closed session of a regular meeting only between the Governing Board and its designated representative(s), as permitted under Government Code 54957.6 (the "labor exception") for the purpose of reviewing the Governing Board's position and/or instructing the designated representative(s) prior to or during bona fide negotiations with the employee. Such deliberations shall not be held during a special meeting. (Government Code 54956, 54957, 54957.6) \n \nThe Governing Board shall take final action on an employment contract during an open session of a regularly scheduled Governing Board meeting, and that action shall be reflected in the Governing Board's minutes. At that meeting, prior to taking action, the Governing Board shall orally report a summary of the recommendation for the final action on salary or compensation in the form of fringe benefits. (Government Code 3511.1, 53262, 54953) \n \nCopies of any contract and other public records created or received in the process of developing the recommendation related to the salary, benefits, and other compensation shall be available to the public upon request. (Government Code 53262, 54953) \nExtension of Contract/Reemployment \n \nA contract shall be extended only by Governing Board action and subsequent to a satisfactory evaluation of the employee's performance. No employment contract shall include a provision for automatic renewal of the contract. \n \nDuring the term of the contract and with the consent of the employee involved, the Governing Board may reelect or reemploy the employee starting on the next succeeding first day of July and based on terms and conditions mutually agreed upon by the Governing Board and the employee. (Education Code 35031) \n \nIf the Governing Board decides not to reelect or reemploy a deputy, associate, or assistant superintendent or a senior manager of the classified service upon the expiration of his/her term, it shall notify the employee in writing 45 calendar days prior to the expiration of the term of the contract. (Education Code 35031) \n \nTermination of Contract \n \nThe Governing Board may terminate an employment contract prior to its expiration date in accordance with the conditions and process specified in the contract. \n \nEvery employment contract shall include a provision specifying the legal maximum cash settlement that the employee may receive in the event that the contract is terminated prior to its expiration date. (Government Code 3511.2, 53260) \n \nIn addition, all employment contracts shall include a provision that, if the employee is convicted of a crime involving an abuse of their office or position, they shall fully reimburse the district for payments they receives as paid leave salary pending investigation or as cash settlement upon their termination and for any funds expended by the district in their criminal legal defense. (Government Code 53243-53243.4, 53260)\n\n",
"contentText": "Administrative and Supervisory Personnel\n\nThe Governing Board recognizes the importance of employing qualified and competent individuals to manage district programs and to assist the Superintendent in coordinating efforts to achieve district goals and objectives. To that end, the Governing Board may fill certificated administrative and supervisory positions and classified senior management positions on a contract basis.\n\nThe Governing Board may offer a continuing contract of up to four years to any deputy, associate, or assistant superintendent; any certificated employee holding a position requiring a supervision or administration credential; or any senior manager of the classified service. (Education Code 35031, 44929.20)\n\nPrior to entering into any such contract, the Governing Board and Superintendent shall consider the financial impact of the contract on the district. The proposed contract shall also be reviewed by legal counsel to ensure that all legally required provisions are included in the contract and to address any potentially adverse obligations for the district.\n\nThe Governing Board may deliberate in the closed session of a regular meeting about the terms of an employment contract for a deputy, associate, or assistant superintendent; other certificated employee holding a position requiring a supervision or administration credential; or a senior manager of the classified service. Discussions regarding salary, salary schedule, or other compensation may occur in the closed session of a regular meeting only between the Governing Board and its designated representative(s), as permitted under Government Code 54957.6 (the \"labor exception\") for the purpose of reviewing the Governing Board's position and/or instructing the designated representative(s) prior to or during bona fide negotiations with the employee. Such deliberations shall not be held during a special meeting. (Government Code 54956, 54957, 54957.6)\n\nThe Governing Board shall take final action on an employment contract during an open session of a regularly scheduled Governing Board meeting, and that action shall be reflected in the Governing Board's minutes. At that meeting, prior to taking action, the Governing Board shall orally report a summary of the recommendation for the final action on salary or compensation in the form of fringe benefits. (Government Code 3511.1, 53262, 54953)\n\nCopies of any contract and other public records created or received in the process of developing the recommendation related to the salary, benefits, and other compensation shall be available to the public upon request. (Government Code 53262, 54953)\n\nExtension of Contract/Reemployment\n\nA contract shall be extended only by Governing Board action and subsequent to a satisfactory evaluation of the employee's performance. No employment contract shall include a provision for automatic renewal of the contract.\n\nDuring the term of the contract and with the consent of the employee involved, the Governing Board may reelect or reemploy the employee starting on the next succeeding first day of July and based on terms and conditions mutually agreed upon by the Governing Board and the employee. (Education Code 35031)\n\nIf the Governing Board decides not to reelect or reemploy a deputy, associate, or assistant superintendent or a senior manager of the classified service upon the expiration of his/her term, it shall notify the employee in writing 45 calendar days prior to the expiration of the term of the contract. (Education Code 35031)\n\nTermination of Contract\n\nThe Governing Board may terminate an employment contract prior to its expiration date in accordance with the conditions and process specified in the contract.\n\nEvery employment contract shall include a provision specifying the legal maximum cash settlement that the employee may receive in the event that the contract is terminated prior to its expiration date. (Government Code 3511.2, 53260)\n\nIn addition, all employment contracts shall include a provision that, if the employee is convicted of a crime involving an abuse of their office or position, they shall fully reimburse the district for payments they receives as paid leave salary pending investigation or as cash settlement upon their termination and for any funds expended by the district in their criminal legal defense. (Government Code 53243-53243.4, 53260)",
"footnotes": [
{
"type": "State",
"references": [
{
"code": "Ed. Code 35030",
"description": "Title of deputy, associate or assistant superintendent for certain positions",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35030."
},
{
"code": "Ed. Code 35031",
"description": "Term of employment",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35031."
},
{
"code": "Ed. Code 44842",
"description": "Reemployment notices; certificated employees",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44842."
},
{
"code": "Ed. Code 44843",
"description": "Notice of employment to county superintendent",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44843."
},
{
"code": "Ed. Code 44929.20",
"description": "Continuing contracts (not to exceed four years - ADA under 250)",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44929.20."
},
{
"code": "Ed. Code 44951",
"description": "Continuation in position unless notified; administrative or supervisory personnel",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44951."
},
{
"code": "Gov. Code 3511.1-3511.2",
"description": "Local agency executives",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=4.&title=1.&part=&chapter=10.1.&article="
},
{
"code": "Gov. Code 53260-53264",
"description": "Employment contracts",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=2.&article=3.5."
},
{
"code": "Gov. Code 54953",
"description": "Oral summary of recommended salary and benefits of superintendent",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54953."
},
{
"code": "Gov. Code 54954",
"description": "Time and place of regular meetings",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54954."
},
{
"code": "Gov. Code 54956",
"description": "Special meetings",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54956."
},
{
"code": "Gov. Code 54957",
"description": "Complaints against employees; right to open session",
"url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=54957."
}
]
},
{
"type": "Management Resources",
"references": [
{
"code": "Attorney General Opinion",
"description": "57 Ops. Cal. Atty. Gen. 209 (1974)",
"url": "https://oag.ca.gov/opinions"
},
{
"code": "Website",
"description": "CSBA District and County Office of Education Legal Services",
"url": "https://legalservices.csba.org/"
},
{
"code": "Website",
"description": "California Office of the Attorney General",
"url": "http://oag.ca.gov/"
},
{
"code": "Website",
"description": "Association of California School Administrators",
"url": "http://www.acsa.org"
},
{
"code": "Website",
"description": "CSBA",
"url": "http://www.csba.org"
}
]
}
],
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