California Teachers Ass'n v. Orange County Department of Education

MEMORANDUM ***

Eighteen child-development teachers and their union, California Teachers Association (“Teachers”), appeal the Fed. R.Civ.P. 12(b)(6) dismissal of their complaint against the Orange County Department of Education, the Orange County Board of Education, and the Superintendent of Schools, in his individual and official capacities (collectively, the “County”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Teachers argues that the district court improperly concluded that the individual teachers did not have property interests in their continued employment under Cal. *899 Educ.Code § 8366, and thus were not entitled to constitutional due process hearings. Whether a state statute creates an expectation of entitlement sufficient to create a property interest recognized by federal constitutional law “will depend largely upon the extent to which the statute contains mandatory language that restricts the discretion of the [decisionmaker].” Allen v. City of Beverly Hills, 911 F.2d 367, 370 (9th Cir.1990) (internal quotations omitted); see also Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538 , 543 n. 8, 105 S.Ct. 1487 , 84 L.Ed.2d 494 (1985). If…