The opinion
BIRD, C. J., Concurring and Dissenting.
I agree with the majority’s conclusion that Taylor was entitled to a reemployment preference under Education Code section 44918. However, I cannot agree with the remand order since there is no issue which the trial court must resolve. The record is clear. No one disputed the fact that Taylor was “qualified to serve.” *510 Even the school superintendent conceded that Taylor was qualified for all the positions for which he applied.
Taylor has demonstrated his right to employment as a probationary certified employee. Therefore, I would issue the writ.