Gassman v. Governing Board of Rincon Valley Union School District

Opinion

TOBRINER, J.

This case presents the narrow issue of whether a school district may refuse to rehire a probationary teacher for budgetary or financial reasons pursuant to Education Code section 13443, subdivision (d) (hereinafter section 13443(d)) or whether such an economic layoff may only be effected pursuant to Education Code section 13447. From the outset of the present controversy, defendant school district has contended that the terms of section 13443(d)—relating generally to the termination of a probationary teacher “for cause”—are broad enough to authorize the district to…