Hogsett v. Beverly Hills School District

SHINN, J.,

pro

tem.

Petitioner’s case was presented to the trial court upon an agreed statement of facts. Having served in the schools of Beverly Hills School District for three complete consecutive school years, from 1929 to 1932, as a probationary teacher of music, that being a position requiring certification qualifications, and having been employed thereafter as a substitute teacher, petitioner claims the right to classification as a permanent employee, under the provisions of the School Code of California (secs. 5.500 ct seq.). This classification was denied to her by the board of trustees of the school district and by the trial court.

On May 12, 1932, before the expiration of the third year of petitioner’s employment, she was notified by the trustees of the school district that her services as a probationary teacher would terminate with the close of the school year, June 17, 1932, which notification came by letter reading in part as follows: “However, you will be offered a substitute contract as recommended by Mr. Hummel, which will provide you with an opportunity of teaching two-thirds of each day during the next school year. We regret that we are

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unable to keep all of our music teachers on full time.” On May 24, 1932, a contract of employment was entered into between petitioner and the school district reading in part as follows:

“1. You are to be employed as a substitute music teacher (See paragraphs 2a, 2b and 2c below) in said school district for the school year beginning July 1, 1932 subject to the provisions of the statutes of the State of California and to all rules and regulations of said board relating to teaching service and kindred matters, including assignment subject to transfer as the needs of the schools require. . . .

“2a. Full-Time Teacher: Services shall be rendered by a regular full-time teacher in pursuance of said provisions governing salaries for such time subsequent to your assignment as school shall be maintained in said school district, during said school year, which time shall be determined hereafter by said board.

“2b. Partial-Time Teacher: Services shall be rendered by a partial-time teacher in pursuance of conditions named in paragraph 2 governing salaries, at the times and for the periods during said school year that shall be designated by the governing board not inconsistent with the following stipulations, to-wit: . . . the making and/or the termination of any assignment or transfer not inconsistent with the above stipulations shall be wholly optional with said board according to the needs of the district.