Curtis

BROWN (H.C.), J.

This is an appeal from the denial of a writ of mandate. The appellant teacher contends that he fulfilled the three-year requirement of Education Code section 13304 by combining service in the regular junior college day school with service in the evening adult school.

We agree with appellant.

Appellant was first employed as a probationary teacher for the 1967-1968 school year and continued in this capacity for three consecutive school years. However, for the first half of appellant's first year as a probationary teacher he taught in the day schools of the district and during the second half of his first year he taught in the evening schools of the district. In the two subsequent years, appellant taught in the day schools.

Upon appellant's being re-employed by the district for the 1970-1971 school year, respondent denied appellant's request for classification as a permanent certificated employee on the basis that he had not taught for three complete consecutive school years in the day school prior to reemployment for the fourth year. The petition for writ of mandate followed.

The basic tenure law which governs appellant is set forth in Education Code…

This is an appeal from the denial of a writ of mandate. The appellant teacher contends that he fulfilled the three-year requirement of Education Code section 13304 by combining service in the regular junior college day school with service in the evening adult school.

We agree with appellant.

Appellant was first employed as a probationary teacher for the 1967-1968 school year and continued in this capacity for three consecutive school years. However, for the first half of appellant’s first year as a probationary teacher he taught in the day schools of the district and during the second half of his first year he taught in the evening schools of the district. In the two subsequent years, appellant taught in the day schools.

Upon appellant’s being re-employed by the district for the 1970-1971 *163 school year, respondent denied appellant’s request for classification as a permanent certificated employee on the basis that he had not taught for three complete consecutive school years in the day school prior to reemployment for the fourth year. The petition for writ of mandate followed.

The basic tenure law which governs appellant is set forth in Education Code section 13304…

This issue is by no means free from doubt. Sections 13309 and 13311, particularly the latter, do distinguish between teaching in day classes and evening classes. Arguably, it is therefore inconsistent to hold that tenure in one of these classifications is obtained by service which reaches the three-year minimum only by combining the two *166 distinct types of teaching. Review of the problems which led to enactment of section 13311, however, seems to negate such a legislative intent. If this is a misreading of the legislative purpose, an amending enactment can readily put the matter straight. I therefore concur.