Lindros v. Governing Board of the Torrance Unified School District

I dissent. The majority have wholly emasculated the provisions of section 13443, subdivision (d), of the Education Code which, until now, assured that a local school board’s decision as to the sufficiency of the cause for failing to reemploy a probationary teacher was conclusive and free from judicial interference. The “cause” which led defendant district to refuse to reemploy Lindros was his classroom use of improper, indecent language. Since the use of such language in a tenth-grade classroom obviously is a matter of relating to “the welfare of the schools and the pupils thereof . . .” (Ed.…