Each year the ACSA Professional Standards Department receives calls from members asking questions about the March 15 Notice. Lloyd Wamhof, one of ACSA’s Professional Standards Advocates, responded to a series of questions clarifying the March 15 notice.

Question: Exactly, what is the March 15 notice?
Wamhof: It’s a notice given by districts to administrators notifying them they may be released, demoted or reassigned for the following school year beginning July 1. The courts have stated, “the legislative purpose of the statute was to afford the administrator proper notice of possible change in duties and assignment in sufficient time to seek other satisfactory employment as an administrator.”

Question: Why is it normally referred to as the March 15 notice?
Wamhof: Education Code 44951 states, “that unless a certificated employee holding a supervisory or administrative position is sent written notice deposited in the United States registered mail with postage prepaid and addressed to his/her last known address by March 15 that he/she may be released from his/her position for the following school year, or unless the signature of such an employee is obtained by March 15 on such notice that he/she may be released from his/her position for the following school year, he/she shall be continued in such position.”

Question: So the March 15 notice may be delivered to the employee in two ways?
Wamhof: Yes, either by registered mail or hand delivered. If the notice is hand delivered, the district must obtain a signature from the employee signifying they have received it.

Question: What if the district fails to obtain the signature if it is hand delivered?
Wamhof: The employee is then considered not having received proper notice, and is therefore continued in the same position for the next school year. In a 1980 case, the Court of Appeals ruled that the provisions of EC 44951 are “mandatory” and are to be strictly construed. In this case the employee was neither given the notice by registered mail nor was she asked to sign the form. In a lower court ruling, the Superior Court had found she had been improperly removed from her assignment as a principal and reassigned to a teaching position as of July 1 because the notice did not comply with the specific requirements of Education Code 44951.

Question: Is the district required to give reasons for the March 15 notice?
Wamhof: Yes and no. If the employee is to be demoted to a teaching position the answer is yes. Education Code 44896 requires an employee whose position requires an administrative or supervisory credential receive a statement of reasons for such demotion from “the governing board” when demoted to a teaching position. If the employee is being terminated or demoted to another administrative or supervisory position, the answer is No.

Question: What kind of reasons must a district give if being reassigned to the classroom?
Wamhof: The courts have stated, “except when the reason is one that impinges upon constitutional rights, any reason, no matter how trivial, is sufficient.” This means a reason like, “We have lost confidence in you,” would be sufficient.

Question: Does the board have to approve the March 15 notice?
Wamhof: The board must approve final notice prior to July 1.

Question: What do you mean by final notice?
Wamhof: First, the district must give the administrator notice by March 15 notifying the employee he or she may be demoted, reassigned or terminated for the following school year. The second step in this process is final board action with the specific action being taken by July 1.

Question: There seems to be some confusion as to whether an employee who has received a positive evaluation can still be given a March 15 notice. Can you clarify this?
Wamhof: The courts have ruled, in simple terms, there isn’t a connection between a March 15 notice and the administrator having received a positive evaluation. The one exception is when an administrator is being demoted to a teaching position and the reasons include incompetency, an evaluation of the person shall have been completed not more than 60 days prior to giving of the notice of the transfer.

Question: Are there any exceptions to the steps you have outlined for the March 15 notice?
Wamhof: Yes, administrators working in county offices of education are not required to have a March 15 notice unless they had previously been employed in a teaching position by the county superintendent and are being reassigned back to the classroom. The Education Code only requires “reasonable” notice which may mean any amount of time. As an administrator employed by the county superintendent, the employee works at the pleasure of the superintendent. Administrators employed in school districts work at the pleasure of the board.

Question: What advice do you have for an administrator who suspect they may be receiving a March 15 notice?
Wamhof: Before you take any action, call the ACSA Professional Standards Office at (800) 608-ACSA and ask to speak to one of the professional standards advocates.