Winters

*43 Opinion

Plaintiff and appellant appeals from a judgment of the San Francisco Superior Court denying her petition for a writ of mandate.

Issues Presented

1) The respondents did not wrongly deny the appellant benefits.

2) The evidence supports the findings of fact.

Record

Appellant is and for the past five years has been employed by the San Rafael City Schools as a classified employee, an instructional aide. She ceased work on or about June 13, 1974, at the close of the academic year.

The permanent classified staff is employed during the regular academic year and is not required to render service during school holidays and recess periods. Education Code section 13580.5 provides that classified employees are deemed employed for 12 months a year despite the fact that such employees are required to render service for only part of the year. A regulation of the school district states that members of the classified staff shall receive prior to July 1 each year a notice stating the particulars of their assignment for the impending academic year. In 1974, the school district did not mail the notices until sometime in August. Appellant contends that the school district’s failure…