California Teachers Ass'n v. Mendocino Unified School District

Good Law
111 Cal. Rptr. 2d 879·92 Cal. App. 4th 522
Court of Appeal of CaliforniaSeptember 25, 2001A093010, A093011California2,888 words

Opinion

Opinion

Jones, J.

In this case, we will hold a school district which lays off a probationary teacher for economic reasons pursuant to Education Code section 44955 may thereafter validly decide not to reelect the teacher under section 44929.21.

I. Factual and Procedural Background

Appellant Amy Johnston possesses a single-subject teaching certificate in the field of mathematics. In August 1999, the Mendocino Unified School District (hereafter the school district) hired Johnston as a probationary teacher at Mendocino Middle School.

On March 9, 2000, the school district passed a resolution pursuant to section 44955 in which it decided to lay off the equivalent of 1.9 teachers the following school year for economic reasons due to declining enrollment. The following day, Mark Iacuaniello, the superintendent of the school district, sent a letter to Johnston stating he would recommend that she not be rehired pursuant to the resolution.

On May 2, 2000, the school district passed a resolution stating that Johnston and other teachers would not, in fact, be rehired the following school year pursuant to section 44955. A copy of the resolution was served on Johnston.

A probationary teacher who is…

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