San Dieguito Union High School District v. Commission on Professional Competence

Good Law
135 Cal. App. 3d 278·185 Cal. Rptr. 203·1982 Cal. App. LEXIS 1903·5 Educ. L. Rep. 1215
Court of Appeal of CaliforniaAugust 23, 1982Civ. 24533California2,829 words

Opinion

Opinion

Staniforth, J.

Gretchen Harris appeals from a superior court judgment which granted the San Dieguito Union High School District’s (District) petition for a writ of mandate to set aside a decision of the Commission on Professional Competence (Commission) declaring the District lacked cause to dismiss Harris from her position as a certificated public school teacher for the District. The superior court reached a contrary conclusion, ordered the Commission to discharge Harris and required repayment of attorney fees. Harris appeals.

Facts

Harris taught Spanish and English as a permanent certificated employee of the District. Beginning in 1976 she was absent intermittently from her teaching duties due to various serious illnesses of her young son, her mother and herself. Harris’ absences totaled some 21 percent of all work days for the preceding four school years: 22 days in 1976-1977; 54 days in 1977-1978; 38 1/2 days in 1978-1979; 33 1/2 days in 1979-1980. The parties stipulated at the hearing before the Commission and on the record on appeal these absences were “for reasons considered legitimate under District policy.”

On May 8, 1980, the Governing Board of the District gave Harris…

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