Bradley v. Board of Education

HALL, J.

This is an appeal from a judgment against appellant on a demurrer to her petition for a writ of mandate, to be directed to the board of education of the city and

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county of San Francisco, requiring said board to restore her to the position of regular teacher of industrial drawing in the public schools of said city and county.

Appellant’s petition alleges that ever since the sixth day of December, 1875, she was the holder of a drawing-teacher’s city certificate, issued, and from time to time renewed, by said board of education, authorizing her to teach drawing in the public schools of said city and county. That on the eighth day of July, 1891, she was duly elected a regular teacher of industrial drawing in the department of schools of said city and county, and so continued until the first day of June, 1897, when her position was by the said board of education declared vacant, and she was by said board dismissed from her said position, without any charges or complaint being made of insubordination, unprofessional conduct, profanity, intemperance, or unfitness for teaching. Her salary as such teacher of industrial drawing at the time of her dismissal was one hundred and forty dollars per month.

Whether or not appellant brings herself within the protection, as to tenure of office or position, of section 1793 of the Political Code and the rule laid down in the Kennedy case (82 Cal. 483) is the question presented for decision.

The power to employ teachers is given to city boards of education by section 1617 of the Political Code, whieh, as was said in

Kennedy

v.

Board of Education,

82 Cal. 483, “confers upon boards of education unlimited power to employ teachers, and contains no restrictions upon their right to dismiss or remove for or without cause.” It is contended, however, that by the provisions of section 1793 of the Political Code appellant was protected from dismissal except for causes therein specified duly ascertained and approved by the board of education.