Poppers

Appellant challenges a judgment denying his petition for a writ of mandate directing the Tamalpais Union High School District (hereafter respondent or the district) to employ him as a certificated employee effective as of the start of the 1983-1984 school year. The facts are not in significant dispute, and we summarize them as follows.

Appellant first taught for respondent in 1967 as an art instructor. From 1967 to 1981, he taught a variety of subjects including math, social studies, physical education, and creative writing. He also participated in a variety of special programs, such as preparing students for high school equivalency exams, leading wilderness trips, and directing student discussion groups.

In 1981, appellant and 51 other teachers employed by respondent were terminated following administrative proceedings conducted pursuant to Government Code section 11517 and Education Code sections 44949 and 44955. The layoffs were a result of respondent’s decision to reduce and eliminate certain services and programs. During the proceedings, appellant was given seniority number 243, the highest number being 1; his first date of paid service was found to be November 23,…