Malynn

Frank Malynn appeals from a judgment of the Santa Clara County Superior Court denying his petition for a writ of mandate to compel the Morgan Hill Unified School District (District), and its superintendent, Robert B. Stannard, to rescind their assignment of him to Britton Middle School, and to reinstate him as a teacher at Live Oak High School.

We affirm.

Facts

Appellant Frank Malynn is a certificated permanent employee of the District who holds both a general secondary credential, which enables him to teach grade levels 7 through 12, and a special secondary credential in Driver Training and Driver Education.

In February of 1963, appellant was employed by the Live Oak Union High School District. From that time appellant instructed physical education, driver training and driver education exclusively at Live Oak High School in grade levels 9 through 12. Following the completion of the 1965-1966 school year, appellant obtained tenure.

The Live Oak Union High School District was consolidated into the Morgan Hill Unified School District on July 1, 1966.

In March of 1975, Live Oak High School moved to newly constructed facilities. The former site was converted in…