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eBook details

• Title: Miller v. Chico Unified School District Board of Education
• Author : Supreme Court Of California
• Release Date : January 27, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 88 KB

Description

[24 Cal3d Page 706] On February 27, 1976, defendant Chico Unified School District Board of Education, notified plaintiff Hal R. Miller, Jr., principal of Bidwell Junior High School, of his reassignment to a teaching position for the following school year. Plaintiff has instituted the present mandamus proceeding, seeking reinstatement to his post as principal on the ground that the school board's action fails because it does not comply with sections 44031 and 44664 of the Education Code. (Former §§ 13001.5, 13489.)1 Under section 44031, school district employees must be given notice of, and opportunity to comment upon, derogatory information in their personnel files ""which may serve as a basis for affecting the status of their employment."" Section 44664 provides a method for frequent ""evaluation and assessment"" of certificated employees, and mandates the ""employing authority"" to notify an employee in writing in the event of the employee's unsatisfactory performance. The trial court below found that the school board had not met the requirements of sections 44031 and 44664 before reassigning plaintiff. Nevertheless, the court held that compliance with either provision ""is not a prerequisite to reassignment of a principal to a [24 Cal3d Page 707] teaching position within a school district,"" and hence denied plaintiff's petition for mandate to compel his reinstatement.

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