Certificated employee: written notice of unprofessional conduct at least 45 calendar days before charges are filed
45 days before date the board intends to file the charges, under Cal. Educ. Code 44938(a).
Rule text
(a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct, specifying the nature thereof ...
Calculate this deadline
Deadline
Tuesday, September 22, 2026
- Trigger (Date the board intends to file the charges): Friday, November 6, 2026.
- Count back 45 calendar days: Tuesday, September 22, 2026.
Rules applied
Cal. Educ. Code 44938(a)
(a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct, specifying the nature thereof ...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
- Pre-charge notice requirement for the district. Subject to exceptions in 44938(c) (not modeled).
- 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 the board intends to file the charges on Monday, March 15, 2027, personal service: due Friday, January 29, 2027.
- Trigger (Date the board intends to file the charges): Monday, March 15, 2027.
- Count back 45 calendar days: Friday, January 29, 2027.
Notes
Pre-charge notice requirement for the district. Subject to exceptions in 44938(c) (not modeled).
Related deadlines
- Certificated employee dismissal/suspension: demand for hearing (with notice of defense) before the 30-day period after service of notice expires (30 days after)
- Certificated employee dismissal: charges may be amended less than 90 days before hearing only on good cause (90 days before)
- Certificated employee: written notice of unsatisfactory performance at least 90 calendar days before charges are filed (90 days before)
- Certificated employee dismissal (44934 track): hearing commenced within 6 months of demand for hearing (6 months after)
- Certificated employee dismissal (44934 track): hearing completed and record closed within 7 months of demand (7 months after)
- Commission on Professional Competence: parties select members and serve notice at least 45 days before hearing (45 days before)
- Commission on Professional Competence: objection to a selected member within 10 days of filing of notice of selection (10 days after)
- Teacher dismissal (44934 track): initial disclosures within 45 days of demand for hearing (45 days after)
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.