Neumarkel

Appellants Emily Neumarkel, Darellea Corbett, Linda Bell, Rosemary Hawkins and Kathleen Holmberg appeal from a judgment of the superior court denying their petition for a writ of mandate. They sought to compel respondent John B. Allard, County Superintendent of Schools of Stanislaus County, to reinstate them to their positions of employment with respondent because of failure to comply with Education Code sections 44949 and 44955 termination procedures.

The principal issue on appeal is whether certificated employees of county superintendents who were never employed in teaching positions acquired tenure and tenure-related benefits, including the right to sections 44949 and 44955 termination procedures. We will conclude that appellants were not probationary or permanent certificated employees and thus were not entitled to tenure or tenure-related benefits.

Factual and Procedural Background

Appellants were certificated employees of respondent in administrative, supervisory or support staff positions. Petitioner Corbett was employed as a psychologist, while petitioners Neumarkel, Holmberg, Bell and Hawkins were nurses. None of the appellants held teaching positions with…