Kamin v. Governing Board

In Kamin v. Governing Board (1977) 72 Cal. App. 3d 1014, the teacher in question was hired to replace another permanent teacher who became a resource teacher under a temporarily funded special compensatory education project. Although the three successive annual contracts with the replacement teacher classified her as "a specially funded project employee," when the project funding was reduced and the teacher was not reemployed, she was nonetheless held to have obtained the rights of a permanent employee by having taught full time for the necessary period of time in the school's regular classes. The court thought it "clear that section 13329 does not apply to a teacher who is employed as a full-time classroom teacher to conduct a class that is part of the regular educational program of a school." ( Kamin, supra, at p. 1020.) Moreover, the court rejected the contention that the classes in which the replacement taught were specially funded project classes because they shared in the benefits of the program. These benefits were shared by every class in the school, proving "only that the regularly conducted kindergarten class in which the replacement taught (and her classrooms in her second and third year) were affected by and participated in the project to the same extent as every other classroom at Peres. No metamorphosis from regular class to project class was effected." ( Kamin, supra, at pp. 1019-1020.)