Berry v. Coronado Board of Education

FINLEY, J. pro tem.

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Appellant Berry petitioned the superior court for a writ of mandate ordering respondent Coronado Board of Education to pay appellant $2,560 as compensation claimed by appellant under a sabbatical leave agreement. The court found that appellant was not entitled to the compensation because he had “not performed all the terms and conditions of his sabbatical leave agreement.”

[393]

Appellant was a teacher in the Coronado Unified School District. Being a candidate for the degree of Doctor of Philosophy he requested and was granted a sabbatical leave during the school year starting July 1, 1960, and ending June 30, 1961, under the provisions of Education Code, sections 13457 et seq. A contract was made by appellant and respondent consisting of a letter by appellant to respondent explaining his reasons for requesting the sabbatical leave and an “Approval of Request for Sabbatical Leave” signed by both parties and approved by the superintendent of schools. Under the contract appellant agreed to the following: “This request was made under the provisions of Education Code § 13457 for the purpose of study and research. Since I [appellant] have already satisfied the full requirements of the University of California for courses and units leading to the degree of Doctor of Philosophy, evidence of progress would be the completion of the required dissertation and any related projects.” The school district had adopted the following rule regarding such leave which was part of his contract: “Upon completion of the leave and within 60 days of the employee’s return to duty, he shall submit one of the following to the superintendent:

“a. Transcripts of record if in-residence study, or transcripts of study on a special problem or research study.” Under the agreement appellant was to receive the difference between his salary and the salary of the substitute teacher who replaced him, this difference being $2,560. He was also to receive any increments in pay under his salary schedule for that year. The $2,560 was to be paid in two installments, June 29,1962, and June 28,1963.

During the year of his leave appellant moved to Berkeley but apparently because of a misunderstanding concerning rules did not register with the University of California. He did, however, hold conferences and drafted and redrafted a dissertation required for the degree he was seeking. This dissertation, however, was not accepted by his committee.