Zhigulina

Introduction

Respondent Julia Zhigulina, a probationary teacher with the Board of Education of the Los Angeles Unified School District (hereinafter appellant), was terminated for cause under the provisions of Education Code section 44948.3. 1 She sought issuance of a writ of mandate claiming that section 44882, subdivision (b) (hereinafter section 44882(b)) (since renumbered 44929.21), providing for the attainment of tenure, took effect notwithstanding the pendency of termination for cause proceedings. The superior court issued the writ. A timely appeal followed. We will reverse the judgment and hold that section 44882(b) does not supersede section 44948.3 to grant tenure to a probationary employee against whom dismissal proceedings for cause are pending.

Facts

Respondent began her employment with appellant January 21, 1985. On June 10, 1986, respondent was served notice of dismissal for cause under section 44948.3. She asked for a hearing before an administrative law judge. The hearing was conducted on August 1 and November 3, 1986. On December 5, 1986, the judge issued his recommended decision that no grounds for dismissal were established. On June 29, 1987,…