Culbertson

INTRODUCTION

In this appeal from the denial of a petition for writ of mandate (Code Civ. Proc., § 1085), the issue presented is whether a probationary teacher who teaches one year under an emergency permit and the following year under a clear credential is entitled to another year of employment if the school district does not give notice of nonreelection prior to March 15 of the teacher’s second year of employment pursuant to Education Code section 44929.21, subdivision (b).

We hold that a school district is not required to give a March 15 notice of nonreelection to an employee pursuant to the “notice” paragraph of section 44929.21, subdivision (b), unless that employee is eligible for permanent employment pursuant to the “tenure” paragraph of subdivision (b). The two paragraphs of subdivision (b), are interdependent and must be read to apply to the same classification of teachers, those eligible for permanent status. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

During the 1999-2000 and 2000-2001 school years, defendants and respondents, San Gabriel Unified School District (the District) and the Board of Education (collectively defendants), employed…