Welch

Melanie Welch (Welch) and Mark Petrofsky (Petrofsky) separately filed petitions for peremptory writ of mandate after they were dismissed from their teaching positions with the Oakland Unified School District (District) on a 15 days’ notice of termination. The trial court granted the petitions, finding that they were probationary employees entitled to 30 days’ notice and a right to hearing under Education Code section 44948.3, subdivision (a).

The District appealed, and we consolidated both appeals. The District contends that Welch was an “intern,” not a “district intern,” and therefore she was a temporary rather than a probationary employee. Further, the District asserts that subdivision (a) of section 44885.5 requires at least a year of service for probationary status. Since it terminated the employment of Welch and Petrofsky prior to the completion of their first year of service, they were temporary employees. We are unpersuaded by the District’s argument.

Background

Welch

In August 1998, the District offered Welch a teaching position; she was to start teaching on September 3, 1998. Welch was a participant in the Partnership Program at California State University,…