Kurze

These two consolidated appeals challenge the propriety of the termination of employment of a number of certificated employees by the Moreland School District (respondent) in the spring of 1977 and again in the spring of 1978. The proposed decision of an administrative law judge upholding most of the dismissals was adopted by the governing board of respondent and reviewed and affirmed in each case in the court below on a writ of administrative mandamus.

In the spring of 1977, the governing board of respondent gave notice to and laid off a number of fulltime equivalent certificated employees because of a decline in average daily attendance (ADA) and a reduction of particular kinds of services, pursuant to Education Code section 44955. In calculating the number and identity of employees to be laid off, respondents subtracted all positively assured attrition known to exist by March 15, and retained seven junior employees with special skills needed by the district. Two resignations accepted after March 15 were not considered by the board.

In February 1978, the board gave notice to, and ultimately laid off, another group of teachers. Again, two resignations accepted after…