California Teachers Assn. v. Board of Education

Petitioners, California Teachers Association and Whittier Elementary Teachers Association, appeal from a judgment dismissing their petition for a peremptory writ of mandate to compel defendants, Board of Education of Whittier City School District and Edward Reyes, Superintendent of Whittier School District, (hereinafter Dis trict), to eliminate their rule governing salary advancement of certificated teachers. The rule limits a teacher who advances on the salary schedule from one column to the next, upon attainment of a higher educational level, to a one-step increase for experience even though the teacher has had additional years of experience and the new column has steps for those additional years of experience.

Petitioners claim that District’s rule violates Education Code section 45028, which provides, in pertinent part, that . each person employed by a district in a position requiring certification qualifications . .. shall be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience.” We agree that the District’s rule contravenes section 45028.

The salary of a certificated teacher employed by District is…