California Teachers Assn. v. Board of Trustees

Petitioners, California Teachers Association and named permanent certified employees of the Goleta Union School District, appeal a judgment denying a petition for a peremptory writ of mandate. The petition sought to set aside a decision of the respondent, Board of Trustees of the Goleta Union School District (hereinafter Board), not to rehire the named employees for the 1980-1981 school year.

In March 1980, the individual petitioners were given notice that the district superintendent was recommending to the Board that 11 kinder garten through sixth grade classes be eliminated and that the teachers of those classes, petitioners herein, not be rehired for the ensuing school year. His recommendation was made pursuant to Education Code section 44955, which permits school districts to terminate certificated employees when a particular kind of service is being reduced or discontinued.

On petitioners’ request, a hearing was held before an administrative law judge. He concluded that the elimination of the 11 kindergarten through sixth grade classes did not constitute the reduction or discontinuance of particular kinds of services within the meaning of Education Code section…