Heckley v. Board of Education of Oakland Unified School District

[219]

McCOMB, J.

Petitioner appeals from an order of the Superior Court of Alameda County denying an application for a writ of mandate directing respondent board of education to issue a warrant to her in the sum of $765.74.

Petitioner, a schoolteacher, applied for employment with respondent district for the spring semester of the 1954-1955 school year. She was offered employment which required teaching a full day. This employment she refused, and she requested and received a position requiring her to teach only one half day (morning kindergarten session from 9 a. m. to 12 noon). For this service she was paid $934.26, or one half of one half of the district's regular annual salary schedule, on the basis that she taught one half of the school day for one half of the school year.

The governing board of respondent district had fixed the length of the school day for full-time teachers within the district from 8:45 a. m. to 3:30 p. m. In respondent district and in the school in which petitioner was teaching, a number of 180-minute kindergarten classes were instructed in both morning and afternoon sessions.

Question:

Does a schoolteacher who has refused a position teaching a full day, as fixed by the board of education (8:45 a.m. to 3:30 p.m.), but who at her own request is employed to teach only a morning session kindergarten class (9 a. m. to 12 noon) in a school district in which kindergarten classes are held both mornings and afternoons, qualify as a full-time employee under section 13842 of the Education Code and thus become entitled to the salary specified therein?

No.

The first paragraph of section 6, article IX, of the California Constitution reads: “Each person, other than a substitute employee, employed by a school district as a teacher or in any other position requiring certification qualifications shall be paid a salary which shall be at the rate of an annual salary of not less than $2,400 for a person serving full time, as defined by law.’’

At the times herein involved, section 13842 of the Education Code read:

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“The governing board of each school district shall pay to each person employed in a day school of the district for full time in a position requiring certification qualification and serving under other than an emergency or pro