Koons

On August 28, 1974, Howard Koons, a probationary elementary school teacher, petitioned the superior court for a writ of mandate (Code Civ. Proc., § 1094.5), seeking review of the decision of the respondent, Placer Hills Union School District (“District”), not to rehire him for the 1974-1975 school year. The District demurred on the basis that the petition was barred by Government Code section 11523 which prescribes a 30-day period of limitations for judicial review of adjudication under the Administrative Procedure Act (“APA”). The trial court sustained the demurrer without leave to amend and this appeal followed.

Petitioner was employed by the District as a probationary teacher for three successive school years, beginning with the 1971-1972 term. On March 11, 1974, petitioner was notified by the District superintendent that a recommendation had been forwarded to the governing board that he not be reemployed for the ensuing school year. (See Ed. Code, § 13443, subd. (a).) Petitioner requested a public hearing to determine whether there was cause not to reemploy him (see Ed. Code, § 13443, subd. (b)). The hearing, as required by Education Code section 13443, subdivision…