Certificated employee dismissal/suspension: demand for hearing (with notice of defense) before the 30-day period after service of notice expires

30 days after date of service of the governing board's notice of intention to dismiss or suspend (or notice of suspension and intention to dismiss), under Cal. Educ. Code 44934(b), 44934.1(b), 44937, 44941.

Rule text

44934(b): "... give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article." 44941(a): "If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice." 44941(b): "An employee who demands a hearing shall file a single document containing his or her request for a hearing pursuant to this section and a notice of defense pursuant to Sections 11505 and 11506 of the Government Code."

Cal. Educ. Code 44934(b), 44934.1(b), 44937, 44941, official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date of service of the governing board's notice of intention to dismiss or suspend (or notice of suspension and intention to dismiss)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
Cal. Educ. Code 44934(b), 44934.1(b), 44937, 44941
44934(b): "... give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article." 44941(a): "If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice." 44941(b): "An employee who demands a hearing shall file a single document containing his or her request for a hearing pursuant to this section and a notice of defense pursuant to Sections 11505 and 11506 of the Government Code."
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • 44934 proceedings (most causes) follow 44944/44944.05; 44934.1 proceedings (egregious misconduct, 44932(a)(1)) follow 44944.1. Confirm which track applies. Proceedings are under the APA (Gov. Code 11500 et seq.) except as modified, so APA rules already in the dataset (oah_*) may also apply. Service is under Ed. Code 44936 (personal or registered mail). Whether a mail extension applies is not stated; do not rely on one. Same 30 days for immediate-suspension notices under 44939(b) and 44939.1(b) ('30 days after service of the notice of dismissal').
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of service of the governing board's notice of intention to dismiss or suspend (or notice of suspension and intention to dismiss) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date of service of the governing board's notice of intention to dismiss or suspend (or notice of suspension and intention to dismiss)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

44934 proceedings (most causes) follow 44944/44944.05; 44934.1 proceedings (egregious misconduct, 44932(a)(1)) follow 44944.1. Confirm which track applies. Proceedings are under the APA (Gov. Code 11500 et seq.) except as modified, so APA rules already in the dataset (oah_*) may also apply. Service is under Ed. Code 44936 (personal or registered mail). Whether a mail extension applies is not stated; do not rely on one. Same 30 days for immediate-suspension notices under 44939(b) and 44939.1(b) ('30 days after service of the notice of dismissal').

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.