Stewart v. San Mateo Junior College District

Opinion

ELKINGTON, J.

Lawrence Stewart was a probationary teacher employed by the San Mateo Junior College District. As permitted by Education Code section 13443 he was, on or before March 15, 1971, given notice that he would not be employed by the district for the ensuing school year. Stewart timely requested a hearing as provided by section 13443, subdivision (b). Thereafter a hearing was held and proceedings taken by the district which culminated in the district’s final determination and notice to Stewart,

June 23, 1971,

that he would not be reemployed.

Education Code section 13443, subdivision (d), provides that the district’s

final decision not to reemploy the teacher after his request for a hearing,

“shall be effective on May 15 of the year the proceeding is commenced.” The section then provides:

[347]

“(e) Notice to the probationary employee by the governing board [here the district] that his service will not be required for the ensuing year,

shall be given no later than May 15.”

(Italics added.)

“(h) In the event the governing board does not give notice provided for in subdivision (e) of this section

on or before May 15,

the employee shall be. deemed reemployed for the ensuing school year.” (Italics added.)

The superior court, on Stewart’s petition for a writ of mandate, ordered and adjudged his dismissal to have been invalid. Stewart had contended, and the trial court concluded, “That the May 15 notice requirement as more particularly set forth in subparagraphs (e) and (h) of section 13443" of the Education Code is jurisdictionally mandatory and not directory . . . .”

The district’s appeal is from the order and judgment of the superior court granting a peremptory writ of mandate.