# Wygant v. Victor Valley Joint Union High School District

> California Court of Appeal · May 16, 1985 · 168 Cal. App. 3d 319

URL: https://www.frixlaw.com/law-library/cases/9727490

## Case

- **Full name:** NANCY J. WYGANT, Plaintiff and Respondent, v. VICTOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT, Defendant and Appellant; VICTOR VALLEY TEACHERS ASSOCIATION, Plaintiff and Respondent, v. VICTOR VALLEY JOINT UNION HIGH SCHOOL DISTRICT, Defendant and Appellant
- **Court:** California Court of Appeal
- **Decided:** May 16, 1985
- **Citations:** 168 Cal. App. 3d 319; 214 Cal. Rptr. 205; 1985 Cal. App. LEXIS 2097
- **Precedential status:** Published
- **Opinion:** Dissent by Kaufman
- **Judges:** Morris, Kaufman
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9727490

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9727490. Public record. Not legal advice.