ATWATER ELEMENTARY SCHOOL DISTRICT v. CAL. DEPT. OF GEN. SERVICES

No. S124188.

59 Cal.Rptr.3d 233 (2007)

41 Cal.4th 227

158 P.3d 794

ATWATER ELEMENTARY SCHOOL DISTRICT, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF GENERAL SERVICES, Defendant and Respondent, Albert G. Truitt, Jr., Real Party in Interest and Appellant.

Supreme Court of California.

June 4, 2007.


Attorney(s) appearing for the Case

Lozano Smith, Michael E. Smith, Fresno, Howard A. Friedman, Stephen A. Mendyk, Fresno, Jesse J. Maddox and Martha B. Scott, Monterey, for Plaintiff and Respondent.

John Bukey, Richard Hamilton and Judith Cias for The Education Legal Alliance of the California School Boards Association as Amicus Curiae on behalf of Plaintiff and Respondent.

No appearance for Defendant and Respondent.

Driscoll & Associates and Thomas J. Driscoll, Jr., for Real Party in Interest and Appellant.

John F. Kohn, Beverly Tucker, Rosalind D. Wolf, Robert F. Lindquist, Brenda E. Sutton-Wills, Michael D. Hersh and Joseph R. Colton for California Teachers Association as Amicus Curiae on behalf of Real Party in Interest and Appellant.


CORRIGAN, J.

Education Code section 44944, subdivision (a)1 prohibits the introduction of evidence relating to matters occurring more than four years before a school district files a notice of intention to dismiss a teacher. It also bars the dismissal of a teacher for events occurring more than four years before the notice was filed. We conclude, however, that the four-year period in section 44944, subdivision (a) (section 44944(a)) is...

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