Cullen v. Board of Education

California Court of Appeal Sep 29, 1932 No. Docket No. 8695.Published

Before: Nourse

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Holding. The court held that a teacher who has attained permanent status in a school district cannot be dismissed without cause, regardless of whether they are assigned to one or multiple schools within that district. The court ordered the issuance of a peremptory writ restoring the petitioner to his position or one of equivalent rank and grade.

Issues

Whether a teacher employed in both day and evening schools within the same district acquires permanent tenure status under the School Code or municipal charter.
Whether a school board may dismiss a permanent teacher without cause or hearing when the teacher is assigned to multiple schools.

Disposition. Peremptory writ issued

NOURSE, P. J.

This is an original proceeding in

mandamus

to compel the respondents to restore petitioner to his position as teacher in the evening high schools. Respondents rest upon their demurrer to the petition.

For eight years prior to May 4, 1932, petitioner was a duly elected and certified teacher in the high schools of the city and county of San Francisco, assigned to duty as such in the Galileo High School as an instructor in day classes conducted in that school. For more than six years prior to May 4, 1932, petitioner, under similar election and certification, was assigned to duty in the Humboldt Evening High School as an instructor in evening classes. On May 4, 1932, the respondent Board of Education dismissed petitioner from his position in the Humboldt Evening High School without cause and without charges or hearing. The question presented in this proceeding is whether the tenure provisions of the school law or of the municipal charter give a permanent status to a teacher who is employed in different schools conducted by the same district. The parties agree that- there are no authorities on the question, and the opinion must, therefore, be one of first impression.

Section 5.500 of the State School Code provides that “Every employee of a school district . . . who after having been employed by the district for three complete consecutive school years in a position, or positions, requiring certification qualifications, is reelected for the next succeeding school year . . . shall become a permanent employee of the district.’’ (Stats. 1931, p. 1394.)

Section 135 of the charter of the city and county of San Francisco (Stats. 1931, pp. 2973, 3057) provides: “All teachers, heads of departments, vice-principals, principals, . . . shall be classified as permanent employees in their respective positions after they have been successfully employed in such positions in the school department for a probationary period of three years.- ...”

Sections 5.660 et seq. of the School Code prohibit the dismissal of permanent employees in positions requiring certification qualifications except for cause. Similar restrictions

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Cullen v. Board of Education

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NOURSE, P. J.

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THE COURT.

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