Ham v. Los Angeles City High School District

YORK, P. J. This is an appeal by the plaintiff from a judgment by which he was denied a writ of mandate requiring defendants to classify him as a permanent teacher of defendant school district. It is here contended that the findings are against the evidence and do not support the judgment.

Prior to the opening of school in September, 1938, appellant, as the holder of a general secondary teacher’s credential entitling him to teach any subject in the high schools of the state, qualified for a position as teacher of music in the Los Angeles City High School District, and was placed upon a list of persons available for appointment as a probationary teacher of music whenever such position became available.

On August 26, 1938, appellant was offered and accepted an appointment as a substitute teacher by which he was subject to be called to substitute from day to day for teachers [774]who were absent from service in the school district. Instead of assigning him on day to day assignments of teachers, who promptly returned to service, the personnel office of the respondent school district assigned appellant to substitute for a teacher who was on leave of absence for the entire school year of 1938-1939, and appellant taught as a substitute for such absent teacher for the entire school year. At the beginning of each school year thereafter, to and including the school year of 1944-1945, appellant was offered and accepted a renewal of the appointment as a substitute teacher in the place of a teacher absent from service on leave of absence, so that in each school year from 1938-1939 to and including 1944-1945, appellant taught continuously in the respondent school district more than 75 per cent of the number of days the schools were operating.

Since the fall of 1939, appellant has taught continuously as a substitute at the Van Nuys High School, a high school of respondent district. Prior to 1943-1944, he taught band and instrumental music, and subsequent thereto, he taught mathematics.

On March 14, 1945, appellant was notified by respondents that he had been elected a probationary teacher effective as of January 29, 1945. He formally accepted a contract as such probationary teacher and at all times since then, he has been teaching as a probationary teacher and has been paid the salary therefor.

Appellant urges that having been employed at the Van Nuys High School for more than five years on a year to year, and not a day to day, basis, he is entitled to be classified as a permanent employee of the district, pursuant to section 13081 of the Education Code, to wit: