Grzeskowiak

Grzeskowiak v. Board of Trustees

Good Law
132 Cal. Rptr. 918·1976 Cal. App. LEXIS 1887·62 Cal. App. 3d 131
Court of Appeal of CaliforniaSeptember 20, 1976Civ. No. 2501California1,224 words

Opinion

Lead Opinion

Brown, J.

Appellants, Andrew Grzeskowiak, Karen Dull, Roy De La Rosa and Linda Malmgren, were probationary certified teachers employed by the respondent, Board of Trustees of the Lamont School District (hereinafter “District”). They appeal from a judgment denying a peremptory writ of prohibition by which they sought to prevent the District from proceeding to hold a hearing to determine whether they should be reemployed for the school year 1974-1975.

Essentially the basis of their position is that the District, having failed to give the written notice of nonreemployment by May 15, 1974, as required by Education Code 1 section 13443, subdivisions (e) and (h), 2 was deprived of authority to proceed with hearings after that date.

The parties are in substantial agreement on the facts. It appears that on March 14, 1974, in compliance with section 13443, subdivision (a), 3 appellants received written notice that their services would not be required for the school year 1974-1975. The reasons stated were reduction in average daily attendance (§ 13447) and cancellation of a federally funded program.

Appellants requested a hearing pursuant to section 13443, subdivisions (b) and (c).

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