Struckman v. Board of Trustees

TUTTLE, J.

Petitioner sought by means of a writ of mandate, to compel the respondents, as school trustees, to reinstate him as a teacher. The court found in favor of respondents upon the material facts in issue, and judgment was entered denying the writ. The appeal is from the judgment.

Petitioner was a teacher in Tracy Union High School for some eight years. He had never become a permanent employee of the high school district under the provisions of School Code, sections 5.500-5.506. The essential facts of the controversy are set forth in the following findings:

“III

“That on May 14th, 1937, the respondents duly granted the petitioner a leave of absence for the school year, 1937-1938; that said leave of absence was granted to the petitioner at his own request, on account of his poor health, and said leave • of absence was not granted under the provisions of Sec. 5.722 of the California School Code; that after said leave of absence was granted, petitioner signed a writing which was introduced in evidence and marked ‘Petitioner’s Exhibit #2’, which said writing is in the words and figures, as follows, to-wit:

“ ‘May 14, 1937.

“ ‘The following form must be signed by the individual who has been granted a “Leave of Absence”:

“ ‘The Board of Trustees hereby grants a “Leave of Absence” to Mr. Henry W. Struckman for the school year of 1937-38, for the following reasons:

“ 1 First, due to Dr. Power’s written statement as to Mr. Struckman’s health.

“ ‘ Second, for the purpose of permitting Mr. Struckman to attend an accredited College or University, and to obtain at least four College units of work in the field of education.

“ ‘ “I, H. W. Struckman, (own writing), do hereby certify that I have read the policy as adopted by the Board of Trustees of Tracy Union High School on May 11, 1937, at a regular Board meeting. I give reasonable assurance that I will abide by the above regulations and the policy of the

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Board of Trustees; also, that I will return to Tracy Union High School after a period of one school year.