Kalina v. San Mateo Community College Dist

In Kalina v. San Mateo Community College Dist. (1982) 132 Cal. App. 3d 48, the teacher "was first employed by respondent college district as a temporary employee to teach 12 units in the fall 1976 semester. She was subsequently employed as a full-time temporary employee for the spring 1977 semester as well as the fall and spring semesters of the 1977-1978 school year, teaching 15 units per semester, for the purpose of replacing instructors on leave. Although Kalina was hired to teach 14 units in the fall of the 1978-1979 school year, respondent college district offered her only a 3-unit teaching assignment for the spring of that year, thus restricting her to 60 percent or less of a full-time teaching assignment in an apparent attempt to prevent her from acquiring vested rights as a probationary employee under section 87482." (Kalina, supra, 132 Cal. App. 3d at p. 51.) Kalina filed a petition for writ of mandate seeking to be reclassified as a probationary employee. The trial court denied the petition. Kalina appealed, arguing that section 87482 mandated reclassification. The Kalina court reversed, effectively reclassifying the plaintiff as a probationary employee by operation of law. The court stated: "Our holding is in harmony with the general policy of the teacher classification system to afford teachers some measure of employment security. . . . While it is also the policy of the law authorizing temporary employment of teachers to permit flexibility in teacher assignments and to prevent overstaffing , our holding does not in any meaningful way impair such flexibility, for, under section 87482 authorizing the indefinite hiring of temporary employees for 60 percent or less of full-time assignments, community college districts retain considerable control over the hiring of temporary and probationary staff. We find no merit in respondents' argument that appellant's employment contract providing that she would at all times be classified as a temporary employee should be deemed controlling. Both statutory and case law prohibit the waiver of benefits afforded by the tenure law. " (Kalina, supra, 132 Cal. App. 3d at pp. 54-55.)