Governing Board v. Mann

In Governing Board v. Mann (1977) 18 Cal.3d 819, a school district dismissed a teacher on the basis of his marijuana conviction. (Id. at pp. 821-822.) The trial court upheld the dismissal. (Id. at p. 822.) While the teacher's appeal was pending, "the Legislature enacted an entirely new, comprehensive statutory scheme to govern the treatment of marijuana offenders ." (Ibid.) The court stated: "Although the school district maintains that the new legislation, having taken effect after the trial court judgment, should not be applied in this proceeding, a long and unbroken line of California decisions establishes beyond question that the repeal of the district's statutory authority does affect the present action." (Ibid.) As the court explained, "since the Legislature has now withdrawn the school district's authority to dismiss defendant on the basis of his possession of marijuana conviction, the trial court judgment in favor of plaintiff must be reversed." (Id. at p. 823.)