Governing Bd. v. COMM'N ON PROFESSIONAL COMPETENCE

Marcus Vanderlaan, Christiana Tiedemann and Constance M. Gutowsky for Real Party in Interest and Appellant.

No appearance for Defendant and Respondent.

OPINION

EVANS, J.

In consolidated actions, the Governing Board of the El Dorado Union High School District (District) appeals from the denial of its petition for writ of mandate in the superior court; [1] Mary Grace Floyd (Floyd) appeals from the order taxing costs. (Code Civ. Proc., § 1033.) We shall reverse.

In February 1980, District completed a written evaluation of Floyd, a permanent (tenured) certificated teacher, and found her classroom control and presentation to be generally unsatisfactory. Pursuant to the terms of an agreement (contract) reached by collective bargaining between District and the teacher's association, an additional followup evaluation of Floyd was conducted in May 1980. That evaluation found improvement was needed in a variety of areas and made suggestions as to how the improvement might be accomplished. Floyd was again evaluated in February 1981, and because of unsatisfactory comments, a followup evaluation was held in May 1981.

On October 14, 1981, the District sent Floyd a "90-day letter" pursuant…