Jensen

Appellant R. Evelyn Jensen was a permanent certified employee of the Lawndale School District. On May 15, 1973, the respondent board of trustees of the district determined not to rehire her for the 1973-1974 school year. Her services were entirely satisfactory. The sole reason for the board’s decision was that Mrs. Jensen would become 65 years of age on September 8, 1973, and the first day of the fall semester of the 1973-1974 school year would be September 11, 1973. The board’s determination was based on Education Code, section 13325, 1 which reads in applicable part: “. . . [W]hen a permanent or probationary employee reaches the age of 65 years, his permanent or probationary classification shall cease and thereafter employment shall be from year to year at the discretion of the governing board.”

The only issue raised on this appeal is whether this section allows the board to terminate an employee because the actual rendition of paid services will not commence until after the employee’s 65th birthday. The trial court so concluded and denied Mrs. Jensen’s petition for a writ of mandate. Mrs. Jensen argues that she was entitled to reemployment for the 1973-1974 school…