Dutart

This is an appeal from a peremptory writ of mandate requiring the appellants, as directors of the school board to assign the petitioner to teach in the elementary department of the Stockton School District.

The petitioner is classified as a permanent teacher in the elementary department of the Stockton School District pursuant to section 1609e of the Political Code of California. She taught acceptably for seven consecutive years in that department of the Lafayette School in the city of Stockton. Prior to the end of- the school year of 1928, the petitioner married, and the appellants then requested her to tender her resignation as a teacher in that district which she declined to do. In March, 1928, pursuant to statute, San Joaquin and Calaveras Counties jointly established and are maintaining within the boundaries of the Murphy’s School District of Calaveras County a free tubercular hospital and sanatorium. In this sanatorium there are about • twenty-five children of school age who are not afflicted with the disease, but who have tubercular tendencies and who are therefore segregated from the actual tubercular patients. Pursuant to section 1618b of the Political Code, the…