Smith v. Governing Board of Elk Grove Unified School District
Opinion
Opinion
Morrison, J.
Emily Smith unsuccessfully sought a writ of mandate to compel the Elk Grove Unified School District and its board to retroactively reclassify her as a permanent employee. We shall affiunm.
FACTUAL AND PROCEDURAL BACKGROUND
Smith does not challenge the statement of decision, which we summarize. Smith held a social science teaching credential, and had passed the California Basic Educational Skills Test (CBEST). In August 1999, she accepted a job as a resource specialist in Elk Grove’s special education program. Her credential did not qualify her for that job, so she had to obtain an “Emergency Education Specialist Instruction Permit.” She obtained a similar permit for the 2000-2001 year. In the 2001-2002 year her teaching duties changed to two-thirds time as a social studies teacher and one-third time in special education. The trial court found as follows:
DISCUSSION
I.
As the trial court found, Education Code section 44929.21, subdivision (b) (further section references are to this code) would entitle Smith to relief but for the exclusion provided by section 44911: “Service by a person under a provisional credential shall not be included in computing the service…