Lopez v. Parlier Unif. School Dist
In August of 2006 appellant Juan Lopez entered into a written employment contract with respondent Parlier Unified School District ("the District"). Under the contract, the District employed appellant as a "Director of Curriculum & Instruction/Project" for a three-year term commencing on August 1, 2006, and terminating on June 30, 2009. Near the end of his first year on the job, on or about May 21, 2007, appellant was served by the District with a letter advising him "you will be reassigned from your current administrative position for the ensuing 2007/08 school year." The District assigned appellant to another administrative position at the same salary. Appellant filed in superior court a petition seeking a writ of mandate directing the District to reinstate him to his Director's position for the 2007/08 school year. Appellant contended that under Education Code section 44951[1]he was entitled to remain in his Director's position because the District did not notify him by March 15, 2007 that he would be reassigned to a different position for the 2007/08 school year. The superior court denied the petition and entered judgment in favor of the District. The court relied on a clause of section 44951 stating "[t]he provisions of this section do not apply to a certificated employee who holds a written contract with an expiration date beyond the current school year ." ( 44951.)
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