Sullivan

Probationary teacher Michael Sullivan appeals from a judgment denying his petition for writ of mandamus. The petition sought to compel the Centinela Valley Union High School District (the District) to reinstate Sullivan with permanent status (tenure) because he alleged the District was one day late in serving him with notice that he would not be reelected for the following school year.

Education Code section 44929.21 1 states a teacher on probationary status is deemed to have been reelected for the next succeeding school year unless notified by March 15 of the decision not to reelect him or her. If the governing school board does not meet the statutory deadline, a second year probationary teacher, like Sullivan, attains tenure. (§ 44929.21, subd. (b).) Since the statute is silent as to the method to serve notice, Hoschler v. Sacramento City Unified School Dist. (2007) 149 Cal.App.4th 258, 269 [ 57 Cal.Rptr.3d 115 ] (Hoschler) held the notification requirement of section 44929.21, subdivision (b) “contemplates personal service or some other method equivalent to imparting actual notice.” Hoschler , however, did not discuss whether an exception applies for willful evasion…