Praiser

Praiser v. Biggs Unified School District

Good Law
104 Cal. Rptr. 2d 551·2001 Cal. App. LEXIS 134·2001 Daily Journal DAR 2159·87 Cal. App. 4th 398·2001 Cal. Daily Op. Serv. 1661
Court of Appeal of CaliforniaFebruary 28, 2001No. C035358California3,090 words

Opinion

Lead Opinion

Davis, J.

In this appeal we interpret Education Code section 44922, subdivision (e). 1 Section 44922 allows school districts to establish reduced workload programs (i.e., part-time schedules) for certificated employees who are at least 55 years old and who satisfy certain other conditions. We read section 44922(e) to mean that while the reduced workload employee is paid the prorated share of his full-time salary, he retains the insurance benefits accorded to full-time employees as long as he makes the benefit payments that would be required if he remained in full-time employment (specifically at issue here are health insurance benefits). Consequently, we reverse the judgment denying plaintiff Sheldon Praiser’s petition for writ of mandate, and remand for further proceedings.

Background

Plaintiff Sheldon Praiser (Praiser) was a full-time, certificated teacher employed by defendant Biggs Unified School District (District or the District) for over 10 years. On February 11, 1999, Praiser requested reduced workload/part-time status pursuant to section 44922. Section 44922(d) states that “[t]he option of [section 44922] part-time employment shall be exercised at the request of the…

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