California Teachers Assn. v. Governing Board

This cause comes before the court on an agreed statement pursuant to California Rules of Court, rule 6(a). The pivotal issue is the right of Jerry Colsten, a certified tenured teacher with the appellant school district, to be reinstated effective as of the inception of the school year 1975-1976, he having failed through forgetfulness to return his contract or to notify the board of trustees of his intention to remain in the service of the district by the July 1, 1975, deadline as required by Education Code section 13260.

Colsten had been employed as a teacher by the district for approximately 10 years. On April 23, 1975, the district offered contracts to its permanent teaching personnel, including Colsten. The offer of employment specified that if Colsten’s acceptance was not received by appellant by July 1, 1975, the offer would be withdrawn.

Thereafter Colsten failed to notify the board or any of its agents, either orally or in writing, prior to July 1, 1975, of his intention to remain in the service of the district. At all times, though, Colsten intended to teach for and remain an employee of the school district. He had signed his contract on May 27, 1975, simply…