Hoyme

This is an appeal by the Board of Education of the ABC Unified School District, et al. (hereinafter Board) from a judgment of the superior court denying the Board’s motion for summary judgment and granting the writ of mandate brought by Theresa M. Hoyme, compelling her reinstatement as an elementary school principal for the 1978-1979 school year.

Hoyme had been employed by the Board as a principal for six years. On February 22, 1978, she was handed a form entitled “Notice of Possible Release from Administrative or Supervisory Position.” She was not asked to sign the form. Nor was any written notice sent her by registered mail prior to March 1, 1978. The superior court found that she had been improperly removed from her position as a principal and reassigned to a teaching position as of July 1, 1978, because the notice given her did not comply with the specific requirements of Education Code section 44951.

At issue is the interpretation of that section which provides in pertinent part: “Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States registered mail with postage…