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RAVEN v. OAKLAND UNIFIED SCHOOL DIST.

Docket No. A039886.

213 Cal.App.3d 1347 (1989)

262 Cal. Rptr. 354

JAUNITA RAVEN, Plaintiff and Appellant, v. OAKLAND UNIFIED SCHOOL DISTRICT, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

September 15, 1989.

Attorney(s) appearing for the Case

COUNSEL

Arlo Hale Smith for Plaintiff and Appellant.

Gary A. Hall, Michele C. Kibbe-Chairs, Cecilia P. Castellanos, Joseph Remcho, Kathleen J. Purcell, Steven D. Dopkin and Remcho, Johansen & Purcell for Defendant and Appellant.

OPINION

LOW, P.J.

A tenured teacher on sick leave for work-related mental illness is entitled to reinstatement upon presentation of prima facie medical evidence of recovery sufficient to resume teaching. In order to refuse reinstatement of the tenured teacher, the school district has the burden of proving mental incompetence to resume teaching duties, and must comply with the procedural provisions of Education Code section 44942....

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