California School Employees Ass'n v. Trona Joint Unified School District

The California School Employees Association (hereinafter Association) sought a writ of mandate in the Superior Court of San Bernardino County to compel the Trona Joint Unified School District (hereinafter District) to grant two of the Association’s members, Elva Vigen and Ruby Moses, certain benefits as classified employees. After a contested hearing on the petition, the trial court ruled in favor of the Association. Findings of fact and conclusions of law were entered and the writ issued. The District appeals. We reverse.

The single question presented on this appeal concerns the proper method of computing the time interval specified in Education Code section 13581. In pertinent part, that section provides: “The governing board of any school district shall employ persons for positions not requiring certification qualifications. . . . The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service. . . . ‘Seventy-five percent of a school year’ means 195 working days, including holidays, sick leave, vacation and other leaves…