Bourland

Bourland v. Commission on Professional Competence

Good Law
174 Cal. App. 3d 317·1985 Cal. App. LEXIS 2742·219 Cal. Rptr. 906
Court of Appeal of CaliforniaNovember 13, 1985No. B008732California1,238 words

Opinion

Lead Opinion

Ashby, J.

Respondent Julie Bourland was a tenured certificated teacher employed by real party in interest and appellant Board of Education of the Rowland Unified School District. The board dismissed respondent and the dismissal was upheld by the Commission on Professional *319 Competence of the Rowland Unified School District. Respondent petitioned the superior court for a writ of mandate pursuant to Code of Civil Procedure section 1094.5. The court granted the writ of mandate, commanding the commission to set aside its decision and to reinstate respondent. The board appeals. The standard of review is whether substantial evidence supports the superior court’s ruling. (Pasadena Unified Sch. Dist. v. Commission on Professional Competence (1977) 20 Cal.3d 309, 314 [ 142 Cal.Rptr. 439 , 572 P.2d 53 ].)

In dismissing respondent the board relied solely on Education Code section 44932, subdivision (a)(7), which provides: “(a) No permanent employee shall be dismissed except for one or more of the following causes: [1f] (7) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools ... or by the…

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