Tarquin

The Los Angeles City Unified School District (hereinafter District) and its governing board appeal from a judgment which ordered the issuance of a writ of mandate commanding the Commission on Professional Competence (hereinafter Commission) to set aside its decision dismissing respondent Donald Tarquín, a permanent certificated school teacher employed by the District. We reverse the judgment.

The record of the administrative proceedings before the Commission was received into evidence in the mandamus proceeding. That record discloses the following facts; Since 1965 respondent has been a permanent certificated employee of the District primarily teaching mathematics. After teaching in high schools from 1965 through the 1970-1971 school year, respondent was transferred to the junior high school level, where he taught from 1972 to December 1974. On December 10, 1974, the District served upon respondent written notice of unsatisfactory service. The notice charged respondent with incompetency (among other alleged deficiencies) and recommended that he be discontinued from service with the District. Attached to the notice was a specification of charges setting forth the specific…