Grimsley

Statement of the Case

This appeal is from a judgment of the Kern County Superior Court denying appellants’ petition for writ of mandate. Appellants, two first-year probationary teachers, allege they were unlawfully terminated from their employment by respondent school board without a statement of reasons and without a hearing. They seek reinstatement to second year probationary status and backpay.

Specifically, appellants contend that under the Hughes-Hart Educational Reform Act of 1983 (Stats. 1983, ch. 498) they could only be terminated for cause or for unsatisfactory performance as teachers; hence, they were entitled to a statement of reasons for their dismissal and the opportunity of a hearing and appeal to the governing board of their school district. Respondents counter by arguing that although the law before the 1983 amendments to the Education Code would have required the respondent board to show cause for terminating appellants’ employment, the 1983 legislative amendments changed the procedural rules governing the reemployment of first and second year probationary teachers so that appellants could be terminated at the end of their first year of service without…