Dutart v. Woodward

California Court of Appeal Jul 5, 1929 No. Docket No. 3746.Published

Before: Thompson

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Holding. A school board may not unilaterally assign a permanent teacher to a school outside of the district where she holds tenure, nor may it assign a teacher to a position in a tubercular sanatorium without her consent.

Issues

Whether a school board has the authority to assign a permanent teacher to a school outside of the district where she holds tenure.
Whether a school board may assign a permanent teacher to teach in a tubercular sanatorium without her consent.
Whether the writ of mandate is a proper remedy for a teacher to enforce her rights regarding assignment.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The board has no arbitrary authority to assign a teacher to a school where the sanitary conditions would endanger her health or life”

“We are inclined to think that the law precludes a school board from assigning a teacher to a school outside of its district.”

“we are of the opinion that the board may not lawfully assign a permanent teacher of the Stockton School District to that position without her consent.”

THOMPSON (R. L.), J.

This is an appeal from a peremptory writ of mandate requiring the appellants, as directors of the school board to assign the petitioner to teach

[738]

in the elementary department of the Stockton School District.

The petitioner is classified as a permanent teacher in the elementary department of the Stockton School District pursuant to section 1609e of the Political Code of California. She taught acceptably for seven consecutive years in that department of the Lafayette School in the city of Stockton. Prior to the end of- the school year of 1928, the petitioner married, and the appellants then requested her to tender her resignation as a teacher in that district which she declined to do. In March, 1928, pursuant to statute, San Joaquin and Calaveras Counties jointly established and are maintaining within the boundaries of the Murphy’s School District of Calaveras County a free tubercular hospital and sanatorium. In this sanatorium there are about • twenty-five children of school age who are not afflicted with the disease, but who have tubercular tendencies and who are therefore segregated from the actual tubercular patients. Pursuant to section 1618b of the Political Code, the appellants, as trustees of the Stockton School District, established and are maintaining elementary classes in that sanatorium for the education of these children, who are inmates thereof, and in August, 1928, assigned the petitioner to teach therein. It is conceded that the petitioner is entitled to maintain her status as a permanent instructor under the. Teachers’ Tenure Act of California, in the Stockton School District and that she is entitled to draw her salary therefor. The petitioner asserts that she is entitled to be assigned to active service in the elementary department of some school' within the Stockton School District, and that the trustees have no legal authority to assign her to teach outside of that district, or in the tubercular sanatorium in Murphy’s School District of Calaveras County.'

The writ of mandate furnishes the proper remedy by means of which the legal rights of a teacher may be enforced. It is not necessary under such facts as are presented in the present petition, to" first appeal to the county superintendent of schools. .The application for the writ was therefore not premature.

Dutart v. Woodward

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THOMPSON (R. L.), J.

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