Martin v. Kentfield School District

*297Opinion

BIRD, C. J.

Education Code section 44956 provides tenured teachers who have been laid off with a preferred right to reappointment based on seniority.1 The sole question presented by this case is whether—in selecting between two such teachers—the Kentfield School District acted in accord with the requirements of section 44956. More specifically, may an employment qualification not required of teachers who continued in service properly be used as grounds for not rehiring the more senior of two laid-off teachers?

I

Appellant, Janet Martin, taught school in the Kentfield School District…