MISCELLANEOUS ISSUES; EDUCATION CODE – Education Code Sections Considered by PERB (By Number)
Single Topic for Decision 0210E
Full Decision Text (click on the link to view): Full Text
1500.02000 – Education Code Sections Considered by PERB (By Number)
35035(c) The school district's transfer discretion is inherently limited by the requirement that it be exercised reasonably and in the best interests of the educational objectives of the school system. The District's prerogative is not absolute and its decision to transfer cannot be protected where the motive for such a transfer is unlawful; pp. 19-20. 35050(c) Contradictory to EERA section 3543.5(a), the protection of an employee's right to engage in protected activities free of reprisal is a fundamental legislative prupose. Limiting the District's power to transfer to purposes not prohibited by EERA harmonizes the two sections without depriving the District of its discretion to transfer employees for legitimate puposes. Violation of Education Code 44031 is evidence of improper motive. Violation of Education Code 44031 is evidence of improper motive.