Coffey

Appellants, a teacher and the employee organization of which she is a member (see former Ed. Code, § 13084.5, repealed Stats. 1975, ch. 961, § 1), have appealed from a judgment which denied their petition seeking a peremptory writ of mandate directing that the teacher be returned to respondent district as a regular, permanent employee of the district with back pay for the 1974-1975 school year. Their contention concerning the teacher’s tenure rests on the provisions of section 13346.30 of the Education Code reading “... Failure to give the notice as required to a contract employee under his first contract shall be deemed an extension of the existing contract without change for the following academic year. . . . Failure to give the notice as required to a contract employee under his second consecutive contract shall be deemed a decision to employ him as a regular employee for all subsequent academic years.” Since the statute refers to “a contract employee” determination of the teacher’s tenure in this case depends on whether she enjoyed that status, or whether she was a temporary employee or a substitute employee.

We find that the facts in the record sustain the trial…