In a recent turn of events, former Santa Clara County Superintendent Mary Ann Dewan has filed a lawsuit against the county Board of Education, seeking a court ruling to declare her termination as invalid and to allow her to continue in her role as Superintendent. According to a report by the Mercury News, Dewan alleges that her abrupt dismissal during a closed-door meeting last week was made “without sufficient reason.”
The lawsuit, filed on Tuesday, October 8, states that Dewan was responsible for supporting various school districts within the county and overseeing the operations of the county education office. She contends that her termination lacked justification and explanation, and that she was not given the required 30 days’ notice as stipulated in her contract.
Kelly Wylie, a spokesperson for the Santa Clara County Office of Education, noted that Dewan’s performance reviews have consistently been positive, suggesting that “there is no good reason” for her dismissal.
The Board of Education, comprised of elected officials, is tasked with appointing the Superintendent and operates independently of the county education office.
Last week, Board Chair Maimona Afzal Berta announced Dewan’s termination, which occurred via a 4-2 vote on October 3. The reasons behind Dewan’s firing, especially after recently receiving the prestigious “Outstanding Achievement Award” from the National Association of Educational Service Agencies, remain unclear.
Dewan and the county education office are currently under investigation by the Office of Early Learning for allegedly misusing federal funds designated for employee salaries.
During the press conference following Dewan’s termination, a small group of fewer than ten people claimed that “justice was served.” Conversely, over a hundred supporters gathered to advocate for her reinstatement.
State Senator Josh Becker, representing Menlo Park, issued a statement praising Dewan’s contributions and calling for increased transparency during her dismissal.
In a statement, Berta asserted that Dewan was “terminated without cause according to her employment contract, following the established 30-day written notice procedure,” adding that the Board’s actions were consistent with practices from previous decades.
However, Dewan’s lawsuit contends that the Board intended for her to take a 30-day administrative leave rather than notify her per contract requirements, which she argues is a violation of her terms. Dewan maintains that her position was an appointment rather than an employment contract, asserting that the Board lacks the authority to terminate her or impose an administrative leave without cause.
Dewan was appointed as Superintendent in 2018 with a base salary of $337,000. Her contract stipulates that she may negotiate the termination of the contract with the Board at any time, while the Board is allowed to terminate the contract without cause only with a 30-day notice.
Her contract also specifies that the Board may remove her without cause via a majority vote and must meet with her in a closed session, granting her the opportunity to respond to any questions raised.
Dewan’s lawsuit ultimately seeks a court ruling to overturn her dismissal and to enable her to continue serving as Santa Clara County Superintendent of Education.
