Gaderer v. Grossmont Union High School District

THOMPSON (V. N.), J.,

pro

tem.

This is an action brought by the appellant teacher against the respondents school board and the several members thereof, for the sum of $1710.40, salary alleged to be due the teacher for the part of the school term from November 21, 1929, on which date the teacher was dismissed by the school' board, to the end of the school year, or June, 1930.

A contract of employment of the teacher, as a probationary teacher for the full school year, is admitted by the respondents. Respondents deny any liability, because of the dismissal of the appellant teacher for cause, after a hearing by the school board of charges made against the teacher for unprofessional conduct and evident unfitness for service in violation of School Code section 5.661, and affirmance of the action of the school board upon appeal to the county superintendent of schools.

For the purpose of brevity, the appellant will be referred to as the “teacher” and the respondents herein the “school board”.

One or two observations in connection with the appeal may well be made before taking up the points urged by the appellant. One is that under the law the appeal of a teacher, who has been dismissed for cause by the school board and after review by the county superintendent of schools, is taken to the superior court of proper jurisdiction, where the matters in issue are pleaded and tried

de novo

(School Code 1929, sec. 5.404). However, the original jurisdiction or primary authority for bringing and hearing charges against a teacher rests with the school board, and the bringing of such charges and the hearing and disposi

[689]

tion of the same by the board are matters prerequisite to the commencement of an action in the superior court under the law, although the questions involved may be tried

de novo

in the superior court. As a matter of fact, the action of the school board in dismissing the teacher, whether right or wrong, is brought in issue through the action in the superior court and the review of the proceedings of the school board therein for the purpose of ascertaining whether or not the board was justified in taking whatever action it did.