Certificated Employees Council v. Monterey Peninsula Unified School District

Good Law
116 Cal. Rptr. 819·1974 Cal. App. LEXIS 1228·42 Cal. App. 3d 328·87 L.R.R.M. (BNA) 3126
Court of Appeal of CaliforniaOctober 4, 1974Civ. 33156California3,927 words

Opinion

Opinion

Taylor, J.

This is an appeal by two Monterey teacher organizations and one of their officers (teachers) from a judgment denying their petition for a writ of mandate and a preliminary injunction against the Monterey Peninsula Unified School District (district). The matter presents a question of first impression: whether the development and adoption of teacher evaluation and assessment guidelines pursuant to Education Code sections 13485-13488 (hereafter Stull Act) by the district is subject to the “meet and confer” process required by Education Code sections 13080-13090 (hereafter Winton Act).

Preliminarily, we set forth the pertinent provisions of each act to facilitate an understanding of the questions presented.

The Stull Act (Stats. 1971, ch. 361, § 40, operative Sept. 1, 1972), consistent with its legislative purpose of establishing a uniform system of evaluation and assessment of the performance of certificated personnel (§ 13485), requires the governing board of each school district to develop and adopt for this purpose specific guidelines that shall include but shall not necessarily be limited in content to certain specified elements. (§ 13487.)

Section 13486 provides: “In…

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