California Teachers' Ass'n v. Governing Board of Central Union High School District

Statement of the Case

This is an appeal from a judgment of the Superior Court of Fresno County granting declaratory relief and issuing a writ of mandate. The action was filed *608 by respondents herein California Teachers’ Association (CTA) and Bill Baird, a permanent teacher of the Central Union High School District (District) against the governing board of the Central Union High School District (Board) seeking an interpretation of Education Code section 44865 and reassignment of respondent Baird to teach at the Central campus.

Statement of Facts

Appellant District is a public school district situated in the County of Fresno, organized and operated pursuant to the laws of the State of California. Appellant Board is the governing board of the District. Respondent CTA is a California nonprofit corporation which serves as an employee organization representing its members in their employment relationships with the District and Board as to all employment-related matters. Respondent Bill Baird is a member of respondent CTA and is a permanent, certificated employee of the District.

Baird has taught for the District at the Central Union High School campus for several…

I respectfully dissent.

I believe that Education Code section 44865 should be interpreted in its plain meaning. Thus, “in place of” any credential which authorizes the assignment of a teacher to teach at a continuation high school or any other of the enumerated assignments, the qualifications for assignment to continuation high schools are: (1) a valid teaching credential based on a bachelor’s degree; (2) student teaching; (3) specific fitness to perform; and (4) consent. Accordingly, I would hold that this code section requires a school district to obtain the consent of all teachers before transferring them to any of the enumerated assignments.

The majority states “If a law is clear the Legislative Counsel’s Digest must be disregarded.” I do not view the statute in question, Education Code section 44865, as clearly or as unambiguously written as my fellow justices. Thus, it *616 becomes necessary to construe the statute. There can be no absolute test in the area of legislative intent. Analysis must be on a case-by-case basis because there are numerous potential sources of legislative intent available to the courts in California, including (1) organizations outside the…

This is an appeal from a judgment of the Superior Court of Fresno County granting declaratory relief and issuing a writ of mandate. The action was filed by respondents herein California Teachers' Association (CTA) and Bill Baird, a permanent teacher of the Central Union High School District (District) against the governing board of the Central Union High School District (Board) seeking an interpretation of Education Code section 44865 and reassignment of respondent Baird to teach at the Central campus. [1]

Appellant District is a public school district situated in the County of Fresno, organized and operated pursuant to the laws of the State of California. Appellant Board is the governing board of the District. Respondent CTA is a California nonprofit corporation which serves as an employee organization representing its members in their employment relationships with the District and Board as to all employment-related matters. Respondent Bill Baird is a member of respondent CTA and is a permanent, certificated employee of the District.

Baird has taught for the District at the Central Union High School campus for several years. He holds a general secondary…