Heckley v. Board of Ed. of Oakland Unified School Dist., Alameda County
| Decision Date | 08 December 1959 |
| Citation | 1 Cal.Rptr. 4,53 Cal.2d 218,347 P.2d 4 |
| Court | California Supreme Court |
| Parties | , 347 P.2d 4 Anne R. HECKLEY, Appellant, v. BOARD OF EDUCATION OF OAKLAND UNIFIED SCHOOL DISTRICT, COUNTY OF ALAMEDA et al., Respondents. S. F. 20276. |
Arthur Lyle Robson and Wegner & Robson, LaFayette, for appellant.
J. F. Coakley, Dist. Atty., R. Robert Hunter, Chief Asst. Dist. Atty., and Richard H. Klippert, Deputy Dist. Atty., Oakland, for respondents.
Irving G. Breyer, San Francisco, as amicus curiae on behalf of respondents.
Petitioner appeals from an order of the Superior Court of Alameda County denying an application for a writ of mandate directing respondent board of education to issue a warrant to her in the sum of $765.74.
Petitioner, a schoolteacher, applied for employment with respondent district for the spring semester of the 1954-1955 school year. She was offered employment which required teaching a full day. This employment she refused, and she requested and received a position requiring her to teach only one half day (morning kindergarten session from 9 a. m. to 12 noon). For this service she was paid $934.26, or one half of one half of the district's regular annual salary schedule, on the basis that she taught one half of the school day for one half of the school year.
The governing board of respondent district had fixed the length of the school day for full-time teachers within the district from 8:45 a. m. to 3:30 p. m. In respondent district and in the school in which petitioner was teaching, a number of 180-minute kindergarten classes were instructed in both morning and afternoon sessions.
Question: Does a schoolteacher who has refused a position teaching a full day, as fixed by the board of education (8:45 a. m. to 3:30 p. m.), but who at her own request is employed to teach only a morning session kindergarten class (9 a. m. to 12 noon) in a school district in which kindergarten classes are held both mornings and afternoons, qualify as a full-time employee under section 13842 of the Education Code and thus become entitled to the salary specified therein?
No. The first paragraph of section 6, article IX, of the California Constitution reads: 'Each person, other than a substitute employee, employed by a school district as a teacher or in any other position requiring certification qualifications shall be paid a salary which shall be at the rate of an annual salary of not less than twenty-four hundred dollars ($2,400) for a person serving full time, as defined by law.'
At the times herein involved, section 13842 of the Education Code read: * 'The governing board of each school district shall pay to each person employed in a day school of the district for full time in a position requiring certification qualification and serving under other than an emergency or provisional credential an annual salary of not less than three thousand four hundred dollars ($3,400).
'The governing board of each school district shall pay to each person employed for less than full time in a position requiring certification qualifications and serving under other than an emergency or provisional credential an annual salary of not less than an amount which bears the same ratio to three thousand four hundred dollars ($3,400) as the time required of the person bears to the time required of a person employed full time.
"Full time' means not less than the minimum school day for each day the schools of the district are maintained during the school year.
'The provisions of this section shall not be construed as applying to substitute employees of a school district.'
Section 6813 of the Education Code read: 'The minimum school day for pupils of kindergartens is 180 minutes, inclusive of recesses except that if a school district maintains two kindergarten classes on the same day which are taught by the same teacher, the minimum school day for each of such classes shall be 130 minutes inclusive...
To continue reading
Request your trial
-
Robinson v. Joint School Dist. No. 150
...A number of courts have expressly applied this rule to contracts involving teachers. Heckley v. Board of Education of Oakland Unified School District, 53 Cal.2d 218, 1 Cal.Rptr. 4, 347 P.2d 4 (1959); Rible v. Hughes, 24 Cal.2d 437, 150 P.2d 455 (1944); Fry v. Board of Education, 17 Cal.2d 7......
-
Fisher Governor Co. v. Superior Court of City and County of San Francisco
... ... 219-220, 325 P.2d 21; Florence Nightingale School of Nursing v. Superior Court, 168 Cal.App.2d 74, ... ...
-
Campbell v. Graham-Armstrong
...'The minimum schoolday for pupils of kindergartens . . . is 180 minutes inclusive of recesses . . ..' 2 In Heckley v. Board of Education, 53 Cal.2d 218, 1 Cal.Rptr. 4, 347 P.2d 4, this court held that the statutory scheme provides for payment of full-time salary to a one-session kindergarte......
-
Grasko v. Los Angeles City Board of Education
...on the date of the making of the teachers' employment contract are deemed a part of that contract. (Heckley v. Board of Education, 53 Cal.2d 218, 220--221, 1 Cal.Rptr. 4, 347 P.2d 4; Holbrook v. Board of Education, 37 Cal.2d 316, 331--332, 231 P.2d 853; Rible v. Hughes, 24 Cal.2d 437, 443, ......