Las Virgenes Educators Ass'n v. Las Virgenes Unified Sch. Dist.

This case arises from the action of Michael Botsford, principal of A.E. Wright Middle School (the middle school), in changing citizenship marks on the report cards of three students from the marks given them by their teacher, James Ferris. The trial court issued a preliminary injunction requiring appellants to reinstate the original marks given by Ferris pending the outcome of the action.

The Las Vírgenes Unified School District (the District), the Board of Education of the Las Vírgenes Unified School District (the Board), Michael Botsford, and Robert Clark appeal from the preliminary injunction entered in this action for declaratory and injunctive relief brought by the Las Vírgenes Educators Association and Ferris. Appellants contend that the trial court erred in interpreting section 49066 of the Education Code to apply to citizenship marks. The statute requires that a pupil receive the grade determined by the teacher of the course “in the absence of clerical or mechanical mistake, fraud, bad faith, or incompetency.” (§ 49066, subd. (a).) Appellants also urge that respondents’ exclusive remedy, if any, lay in a writ of administrative mandamus and that respondents failed…