Anderson v. Scranton

CONREY, P. J.

Respondent by his petition alleged facts showing that he had been first employed as a probationary teacher of the elementary grades in Lugo Elementary School District and had continued in that employment from the seventh day of August, 1924, until May 31, 1926, when he was re-employed as a permanent teacher for the next ensuing school year, to wit: September 13, 1926, to June, 1927, and under this employment did teach in this school throughout the school year. Petitioner further alleged that by virtue of the facts above stated, and by virtue of the laws of the state of California and particularly section 1609 of the Political Code, commonly known as the Teachers’ Tenure Law, he became and was a permanent teacher in said Lugo School District, and by virtue thereof, was deemed employed in said district until legally discharged or resigned. The foregoing facts are not only alleged but are conceded to be true.

Petitioner further alleged facts which in substance are to the effect that on May 26, 1927, the board of trustees without the presentation of any charges against him in relation to any of the matters set forth in section 1609 of the Political Code, and without any public hearing or any opportunity to be heard, attempted to discharge him from service and by its

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secretary notified him in writing as follows: “At a meeting of the Board of Trustees of the Lugo School Dist. on May 26, 1927, the Secretary was ordered to express the appreciation of the Board for your past work and to inform you that your services for the coming year would not be needed as it ,is found necessary to obtain some one who can handle the physical education as well as the sloyd work.”

Petitioner further alleged that he has not resigned from his said employment, nor has the board of trustees found it necessary to decrease the number of permanent teachers employed by the school district on account of the decrease of the number of pupils attending, nor on account of the discontinuance of the particular kind of teaching service such as petitioner was engaged in in said district. The last-mentioned negative statements have relation to those grounds of removal of a teacher which are permitted without the filing of charges under the terms of said section 1609 of the Political Code, and in force at the time of said action taken by the board in May, 1927. In this case we are not concerned with the fact that said section was again amended in 1927 (Stats. 1927, p. 1913), nor with the fact that the provisions of the Political Code on this subject have been superseded by the school code adopted in the year 1929.