Waldron v. Sulphur Springs Union School District

Opinion

KINGSLEY, Acting P. J.

The school board appeals from a judgment granting a writ of mandate directing it to employ a teacher as a full-time teacher to the next vacancy in that position. The teacher has cross-appealed contending: (1) that she is entitled to immediate employment as a full-time teacher; and (2) that the trial court erroneously denied her attorney fees under section 800 of the Government Code. We conclude that the district is correct in its attack on the judgment; it follows that the teacher is not entitled to the even greater relief that she seeks on her cross-appeal.

Through the school years 1973-1974 to and including 1976-1977, petitioner was employed by the district as a permanent part-time teacher, with an assignment to .4 (i.e., 40 percent) service. In the spring of 1977, the district, acting under then section 44955 of the Education Code, gave to her a notice of layoff. After a hearing, she was reemployed but at a .2 (i.e., 20 percent) service status. Thereafter, effective September 1, 1977, the district reappointed her as a part-time teacher with an assignment to .4 service. On her petition for a writ of mandate, the trial court ordered

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her to be employed as a full-time teacher to the vacancy next occurring. We conclude that that judgment was in error.

I

This case turns on the interpretation of subdivision 1 of section 44956 of the Education Code, which reads as follows: “For the period of 39 months from the date of such termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with the provisions of Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no probationary or other employee with less seniority shall be employed to render a service which said employee is certificated and competent to render.”

It is here conceded: (1) that the layoff action was valid under section 44955; and (2) that petitioner was entitled to at least the part-time assignment ultimately given to her in the fall of 1977. The dispute arises over the meaning to be given to the word “reemployment” in the statutory provision just quoted.