Hildebrandt

When a school district lays off certificated employees because of a reduction of services, pursuant to Education Code section 44955, are part-time employees with greater seniority entitled to “bump” a full-time employee with lesser seniority? We agree with the trial court that they are not and, therefore, shall affirm its judgment denying the writ of mandate sought by part-time certificated employees who were released while the school district retained a similarly credentialed full-time employee with lesser seniority.

Background

Following the termination of a memorandum of understanding under which the St. Helena Unified School District (the district) had provided special education services to three other school districts, the district initiated layoff proceedings under section 44955 to reduce or discontinue five full-time certificated positions, including one full-time equivalent (FTE) school psychologist position. At the time, the district employed appellant Margaret Hildebrandt in a .8 FTE position as a certificated school psychologist and appellant Susan Wood-DeGuilio in a similar .2 FTE position. Both appellants had seniority dates that preceded the seniority date…