Taylor

Petitioner and appellant was 65 years of age prior to May 1, 1938. He was first elected to teach in the San Diego City High School August 23, 1918, without limitation as to time of service and has continuously served as a teacher of mathematics in said high school ever since his first election. At the time of his first election he held a valid certificate issued by the San Diego County Board of Education entitling him to teach in secondary schools and in 1922 his certificate never having been revoked, he was issued a life diploma.

High schools have been secondary schools of the State of California since prior to 1918, and for that period of time the San Diego City High School District has been governed by a city board of education and has had a personnel which has caused appellant to be classified as a permanent employee of the San Diego City High School District (now the San Diego Unified School District) since the tenure provisions of the school law were incorporated into section 1609 of the Political Code by amendment in 1921.

The city of San Diego was a city of the second and one-half class in 1918, and a city of the second and one-fourth class in 1921 (Classification Act,…