Vick v. Board of Education of Los Angeles Unified School District

Opinion

ALLPORT, J.

Pursuant to a petition for writ of mandamus under Code of Civil Procedure section 1094.5 filed in the superior court, Doris J. Vick seeks to compel the Board of Education of the Los Angeles Unified School District and Los Angeles Unified School District to set aside its decision made May 21, 1973, not to reemploy her for the 1973-1974 school year.

It appears without conflict that on February 1, 1971, Vick was employed by the district as a probationary teacher. She served as such at the North Valley Occupational Center for the school years 1971-1972 and 1972-1973. On March 9, 1973, an accusation was filed preferring charges of unprofessional conduct, dishonesty and persistent violation of

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or refusal to obey reasonable regulations of state and district governing boards and advising that her services would not be required for the school year 1973-1974.

1

Following an administrative hearing on the charges the hearing officer filed a proposed decision dated May 8, 1973, wherein some 11 of the charges were found to be established, each of which related to the welfare of the schools and the pupils. It was also found that: “None of the conduct charged occurred during the 1972-73 school year. None of the conduct proved relates to respondent’s skill or competence to teach. The corrective steps, if any, taken by the administration, have successfully eliminated objectionable activity on respondent’s part.”

On May 21, 1973, this decision was adopted and the following decision was rendered by the board:

“Decision

“The attached Proposed Decision of the Hearing Officer is hereby adopted by the Los Angeles City Board of Education as its decision in the above-entitled matter.

“Sufficient cause exists pursuant to Section 13443 of the Education Code not to reemploy respondent for the 1973-74 school year.

“Wherefore, the Following Order is hereby made: