Santa Clara County Superintendent Sues Board of Education After Abrupt Dismissal

Santa Clara County Superintendent Sues Board of Education | Future Education Magazine

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Allegations of Contract Violation

Former Santa Clara County Superintendent of Schools, Mary Ann Dewan, has filed a lawsuit against the county’s Board of Education following her sudden dismissal. Dewan, who was removed from her position during a closed-door session last week, contends that her firing was unjustified and violated her contract. According to the lawsuit filed on Tuesday, Dewan was neither provided with the 30-day notice required under her contract nor given any valid explanation for her termination. Her attorney was also not present at the meeting, as he was observing the Rosh Hashanah holiday, further fueling concerns over the legality of the board’s decision.

A spokesperson for the Santa Clara County Office of Education, Kelly Wylie, confirmed the absence of Dewan’s lawyer during the board meeting. Wylie noted that Dewan’s evaluations had consistently been positive, suggesting that “no good reason” existed for her dismissal. The board, which operates independently from the county education office, has not provided any formal explanation for its decision. The lawsuit, meanwhile, asks the court to nullify Dewan’s termination and reinstate her as the superintendent.

Board’s Decision Sparks Controversy

The Santa Clara County Board of Education removed Dewan from her position on October 3, following a 4-2 vote. Board President Maimona Afzal Berta and members Joseph Di Salvo, Grace Mah, and Don Rocha supported the firing, while Victoria Chon and Tara Sreekrishnan opposed it. Raeena Lari abstained from the vote. Despite her recent recognition with an Outstanding Individual Achievement Award from the National Association of Educational Services Agencies, Dewan’s dismissal has raised concerns within the community, particularly because no cause for her termination has been made public.

Dewan’s dismissal has coincided with an ongoing investigation by the Office of Head Start into alleged misappropriation of federal funds by the county’s education office. However, Wylie declined to comment on the investigation, describing it as an “accounting error.” The controversy surrounding Dewan’s firing led to a news conference last week, where fewer than 10 people voiced support for her removal. In contrast, more than 100 attendees expressed their dissatisfaction, calling for her reinstatement and criticizing the lack of transparency in the board’s decision.

Calls for Transparency and Legal Action

In response to the public outcry, Board Member Tara Sreekrishnan stated that the lawsuit “reinforces the need for transparency and accountability” in the board’s actions, especially since the community was not given a voice in Dewan’s dismissal. State Senator Josh Becker also weighed in, expressing concern over the board’s lack of public input and praising Dewan for her work. Becker stressed the importance of transparency in decisions that affect public schools.

Board President Berta defended the decision, stating that Dewan’s termination was in line with her employment contract, which allows for termination without cause upon 30 days’ notice. However, Dewan’s lawsuit argues that her position as an appointed official means the board did not have the authority to terminate her, either with or without cause. Dewan, appointed in 2018, was earning a base salary of $337,000 at the time of her dismissal. Her legal team is seeking to have her termination declared null and void so she can resume her role as superintendent.

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