American Federation of Teachers v. San Lorenzo Unified School District

serving respondent San Lorenzo Unified. School District as a probationary teacher. He was notified by the district that it intended to terminate his employment at the end of the school

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year. The board of education, following a hearing conducted by a hearing officer of the Office of Administrative Procedure, adopted the hearing officer’s proposed decision not to reemploy the appellant.

The American Federation of Teachers, Local #1713, and Donald R Osborn, as its president and as an individual, sought a writ of mandate in the superior court directing the school district to re-employ Osborn as a probationary teacher for the following year 1967-1968. The petitioners have appealed from a judgment denying that writ.

The trial court in addition found that thé board of education did not serve upon the appellant Osborn or his counsel a copy of the hearing officer’s proposed decision prior to its adoption by the board on May 10, 1967, but did thereafter some time prior to May 15, 1967.

The appellants contend that (1) the findings of the trial court are not supported by substantial evidence; (2) the charges of the board are not sufficient “cause” for discharge as required by Education Code section 13443; (3) that the appellant Osborn was entitled to a copy of the hearing officer’s proposed decision prior to its adoption by the board, and (4) the court erred in holding that the appellants American Federation of Teachers, Local #1713, and Donald R. Osborn, as its president, had no standing to sue in this action.

I. Are the findings of the trial court supported by substantial evidence.

The appellants, recognizing that the court is bound by the substantial evidence rule, argue that the trial court’s ruling should be overturned because there is not substantial evidence to support its findings. The Education Code provides that hearings requested by a probationary employee are to be conducted in accordance with the Administrative Procedure Act (Ed. Code, §13443; Gov. Code, § 11500 et seq.) which specifically permits review by petition for writ of mandate “in accordance with the Code of Civil Procedure.” Section 1094.5, subdivision (c), provides as follows: “Where it is claimed that the findings are not supported by the evidence, in cases, in which the court is authorized by law to exercise its independent judgment of the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence; and in all other eases abuse of discretion is established if the court determines