Tucker v. Roach

Opinion

KINGSLEY, Acting P. J. Petitioner1 appeals from a judgment denying her petition for a writ of mandate designed to set aside a reassignment in her position with respondent school board. We affirm.

[1053]In 1977 and for several years prior to that year, petitioner had been employed by respondent school board as “Coordinator, Library & Text Book Services & Educational Media”—an “administrative” position for which she held the requisite credentials. She also held a valid credential as a classroom teacher. On or about February 15, 1978, she received a copy of a form letter, sent on or about that date to all persons (including the district superintendent) holding administrative positions in the district, advising all the recipients of their possible release from administrative duties and reassignment to classroom teaching in the 1978-1979 school year. Subsequently, she was assigned to a classroom position for the 1978-1979 school year. She brought this petition for a writ of mandate (in effect) to compel the board (and its officers) to vacate the action taken in 1978 and to reestablish her in her administrative post. The trial court, after a hearing, denied the petition; she has appealed; we affirm.

As an “administrator,” petitioner has no tenure, although she does have tenure as a classroom teacher. (Hentschke v. Sink (1973) 34 Cal.App.3d 19 [109 Cal.Rptr. 549].) The Legislature has, however, given to administrators certain rights in connection with removal from an administrative post. Those rights are set forth in section 44951 of the Education Code. That section reads as follows: “Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States registered mail with postage prepaid and addressed to his last known address by March 15 that he may be released from his position for the following school year or unless the signature of such an employee is obtained by March 15 on such written notice that he may be released from his position for the following year, he shall be continued in such position. The provisions of this section do not apply to a certificated employee who holds a written contract with an expiration date beyond the current school year, or to a certificated employee holding a position that is funded for less than a school year, or to a certificated employee assigned to an acting position whose continuing right to hold this position depends on his being selected from an eligible list established for the position, or to the termination of employment pursuant to Section 44955. A certificated employee serving under Section 35042 shall be notified by March 1 if the governing board determines on an individual basis that he may be released for the following school year.”