Neily

A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education Code to classify the petitioner as a “probationary” employee and not, as it did, as a “temporary” employee. The issue interests the parties because a “probationary” employee is afforded more employment protections under the code than is a “temporary” employee. The trial court ruled that the district had properly classified the petitioner as a temporary employee, and denied his petition. We affirm.

FACTS

In January 2002, the Manhattan Beach Unified School District (the District) hired Michael Neily, a “certificated” teacher, as the varsity baseball coach at Mira Costa High School (MCHS). Beginning in January 2003, the District employed Neily as a full-time teacher in addition to his duties as MCHS’s baseball coach. In June 2004, the District relieved Neily of his duties as a full-time teacher, but continued his employment as the baseball coach at MCHS. On June 15, 2009, MCHS’s principal, Julie…