Schwalbach v. Board of Education of San Luis Obispo High School District

THE COURT. A hearing was granted in this court after decision by the District Court of Appeal, Second Appellate District, Division One. Upon further consideration, we adopt the opinion of Mr. Justice Doran as the opinion of this court. It reads as follows:

“This was a petition for a writ of mandate to compel the respondent Board of Education to reinstate, and permit appellant to continue to serve, as a permanent teacher, in the public schools. The writ was refused and petitioner appeals.

“At the conclusion of the trial the court found that appellant was employed as a teacher by respondent on June 30, 1930, and served as such teacher in the public schools in defendant school district continuously from said date to the date of her dismissal; that during all of said period appellant was classified as a permanent teacher by respondent and was so classified at the time of her dismissal; that appellant was employed during all the period of her employment as a teacher by respondent to perform a particular type of service and was engaged during all the period of her [461]service as a teacher of a particular type of service, and that said type of service was discontinued by respondent for the school year 1932-1933, and has never been resumed; that it became necessary for respondent to dismiss appellant on account of the discontinuance of the type of service in which appellant was engaged and for which she was employed and that respondent did dismiss appellant in April, 1932, on account of the discontinuance of said type of service.

“The court further found that during the entire time of the employment of appellant she was employed and engaged in the same type of service; that she taught a special room and class of pupils of such mental disability as to cause their attendance at regular classes to be inimical to the welfare of the other pupils; that the special room and class and the teaching of the same was discontinued by respondent for the school year 1932-1933 commencing in August, 1932, and had never been resumed, and it became necessary to dismiss appellant on account of such discontinuance.

“The findings are supported by the evidence in every respect. In short, the evidence reveals that petitioner had taught, what was termed, a room of mixed grades, the students of which were referred to as ‘retarded’; that on April 22, 1932, petitioner received the following letter from the respondent: