Blake

Blake v. Commission on Professional Competence

Good Law
1989 Cal. App. LEXIS 747·212 Cal. App. 3d 513·260 Cal. Rptr. 690
Court of Appeal of CaliforniaJuly 24, 1989No. D009872California1,711 words

Opinion

Lead Opinion

Wiener, J.

*515 Opinion

On February 10, 1987, the Commission on Professional Competence (Commission) dismissed Carolyn Blake from her position as a permanent certified teacher with the Capistrano Unified School District (District) on grounds of unprofessional conduct, evident unfitness for service, and persistent violation of or refusal to obey school laws and regulations. (Ed. Code, § 44932, subds. (a)(1), (a)(5) and (a)(7).) 2 Blake appeals from the superior court order which denied her petition for writ of mandate. We affirm.

Factual and Procedural Background

Blake was employed as an English and drama teacher with the District from September 1972 until her dismissal in 1987. She injured her back while performing duties as a classroom teacher in October 1984. As a result of the injury Blake did not work from February 1, 1985, through the remainder of the 1984-1985 school year. She returned to work with the District in September 1985.

On February 10, 1985, Blake received a section 44938 notice of unprofessional conduct from the District which cited 44 instances of unacceptable behavior and failure to follow administrative directives. The notice described Blake’s chronic tardiness, use…

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