Tracy Educators Assn. v. Superior Court

The newly elected president of petitioner Tracy Educators Association, CTA/NEA (the Association) requested a half-time leave of absence from her position as a schoolteacher in order to fulfill her responsibilities for the Association. The real parties in interest, Tracy Unified School District, its governing board and superintendent (collectively the District), rejected the request. The Association filed a petition for writ of mandate in the respondent superior court seeking to compel the District to grant the leave request, but the superior court denied the petition. Because we conclude the District was compelled by Education Code section 44987, subdivision (a) (hereafter section 44987(a)), to grant the leave request, we shall order the issuance of a writ of mandate directing the respondent superior court to grant the writ petition.

Background

The District employs Julie Escobedo as a third grade bilingual teacher. In May 2001, Escobedo was elected president of the Association for a two-year term. On May 29, 2001, Escobedo wrote to the District, requesting that she be released from her teaching position half-time, at the start of the 2001-2002 school year, to attend to…