Opinion

Wygant v. Victor Valley Joint Union High School District

  • 168 Cal. App. 3d 319
  • 214 Cal. Rptr. 205
  • 1985 Cal. App. LEXIS 2097
Court
California Court of Appeal
Filed
May 16, 1985
Status
Published
Author
Kaufman
On the bench
Morris, Kaufman
Cited by
16 cases

The opinion

KAUFMAN, J.

I respectfully dissent.

I agree that the respondents were not barred from seeking judicial relief by a failure to exhaust administrative remedies. However, I cannot agree that Education Code section 45028 was intended to foreclose a school district from adopting a policy which in effect tells its teachers their years of experience will not be considered of specific value for purposes of increased *332 salary beyond a certain point (i.e., four years) unless they make that experience meaningful by also completing certain “training” experience within the same time frame.

As for the majority’s conclusion that the “training” specified by the board is underinclusive or not as relevant to teaching skills as some other experience the author of the opinion thinks more valuable, the majority clearly invade the province of the governing board of the school district. It is their evaluation that is significant, not that of a majority of this court.

For the reasons set forth in part II of the appellant’s reply brief I would reverse both judgments.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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