Summerfield

Although amendments to Education Code section 44911 have been in effect for close to 20 years, no appellate court has interpreted them. This case requires us to do so. Lori Summerfield successfully petitioned the trial court for a writ of mandate directing the Windsor Unified School District and its governing board (collectively the District) to employ her as a permanent certificated teacher and compensate her for accrued benefits and backpay. Relying on section 44911, the District argued the two years Summerfield spent teaching under emergency permits (§ 44300) could not be counted toward the time necessary for her to attain permanent status, and thus the District had full discretion to terminate her employment when it did.

Considering the relevant statutory language and legislative history, we agree with the District’s interpretation and reverse the order issuing a writ of mandate. Under section 44911, time spent teaching under an emergency teaching credential may not be counted in computing an employee’s progress toward permanent status unless the employee is credentialed in another state and demonstrates adequate basic skills proficiency pending successful completion…