Zalac

Mary Jo Zalac appeals from the denial of her petition for a writ of mandate seeking to compel the Governing Board of the Ferndale Unified School District (Board) to set aside her termination as a kindergarten teacher. Zalac contends that she was improperly classified as a temporary employee because the Class Size Reduction Program under which she was hired is not a “categorically funded project[] . . . not required by federal or state statute” as that expression is used in Education Code section 44909, and that the Board failed to comply with the procedures for laying off a permanent employee required by sections 44955 and 44949. The Board adopted the proposed decision of the administrative law judge who heard her administrative appeal, concluding that it was unnecessary to determine whether Zalac had been improperly classified as a temporary employee since the school district had voluntarily complied with the layoff procedures prescribed by sections 44955 and 44949. The trial court denied Zalac’s petition for a writ of mandate on the ground that Zalac had been properly classified as a temporary employee because the Class Size Reduction Program is a categorically funded…