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CALIFORNIA TEACHERS ASSN. v. STATE

No. S067030.

84 Cal.Rptr.2d 425 (1999)

975 P.2d 622

20 Cal.4th 327

CALIFORNIA TEACHERS ASSOCIATION et al., Plaintiffs and Respondents, v. STATE OF CALIFORNIA et al., Defendants and Appellants.

Supreme Court of California.

May 10, 1999.

Attorney(s) appearing for the Case

Daniel E. Lungren and Bill Lockyer, Attorneys General, Floyd D. Shimomura, Assistant Attorney General, Linda A. Cabatic, Michelle Gluck, Eileen Gray and Karen Leaf, Deputy Attorneys General, for Defendants and Appellants.

Susan E. Diedrich and John L. Bukey, Corona, for the Education Legal Alliance as Amicus Curiae on behalf of Defendants and Appellants.

Tuttle & McCloskey, Ernest H. Turtle III, Kay M. Tuttle and Daniel T. McCloskey, Fresno, for Plaintiffs and Respondents.

Catherine I. Hanson and Astrid G. Meghrigian, San Francisco, for California Medical Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

GEORGE, C.J.

Education Code section 44944, subdivision (e), provides that whenever a teacher exercises his or her constitutional right to request a hearing regarding a threatened suspension or dismissal, but ultimately does not prevail at the hearing, the teacher is required to pay to the state one-half the cost of the administrative law judge. This cost is imposed in every case in which the teacher ultimately is suspended or dismissed, even if the teacher reasonably...

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