Governing Board of El Dorado Union High School District v. Commission on Professional Competence

In consolidated actions, the Governing Board of the El Dorado Union High School District (District) appeals from the denial of its petition for writ of mandate in the superior court; 1 Mary Grace Floyd (Floyd) appeals from the order taxing costs. (Code Civ. Proc., § 1033.) We shall reverse.

In February 1980, District completed a written evaluation of Floyd, a permanent (tenured) certificated teacher, and found her classroom control and presentation to be generally unsatisfactory. Pursuant to the terms of an agreement (contract) reached by collective bargaining between District and the teacher’s association, an additional followup evaluation of Floyd was *328 conducted in May 1980. That evaluation found improvement was needed in a variety of areas and made suggestions as to how the improvement might be accomplished. Floyd was again evaluated in February 1981, and because of unsatisfactory comments, a followup evaluation was held in May 1981.

On October 14, 1981, the District sent Floyd a “90-day letter” pursuant to Education Code 2 section 44938 as it then existed, 3 informing her of 58 specific instances of unprofessional conduct and incompetence. Attached to the letter…

I do not reach the question whether the July 1983 amendments to Education Code section 44944 (Stats. 1983, ch. 498, § 59) *336 may be applied to this case. In my view, application of that statute is unnecessary to the result. In all other respects, I concur in the court’s opinion.

A petition for a rehearing was denied September 16, 1985, and the petition of real party in interest and appellant for review by the Supreme Court was denied November 27, 1985.