Schnee

This case requires examination of dictum in a footnote of this court’s opinion in Zalac v. Governing Bd. of Ferndale Unified School Dist. (2002) 98 Cal.App.4th 838 [ 120 Cal.Rptr.2d 615 ] |(Zalac), and demonstrates well the danger of statements in an opinion unnecessary to the disposition of the case then before the court. When a certificated teacher has been employed for several years in a categorically funded position under Education Code section 44909, and is subsequently employed by the school district in a probationary position, does the teacher obtain permanent status upon commencement of the probationary position or only if and when the teacher is retained for the succeeding school year? The trial court construed the provisions of sections 44909 and 44929.21, subdivision (b) to mean the latter, a footnote in Zalac to the contrary notwithstanding. Upon consideration of this issue, which was not before the court in Zalac , we agree with the conclusion of the trial court.

Background

The facts underlying Kathleen Schnee’s petition for a writ of mandate are undisputed. From August 1994 through the 2001-2002 school year, Schnee was employed by the Alameda Unified…