Decision 0786E – McFarland Unified School District
LA-CE-2189
Decision Date: January 3, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21034
Decision Headnotes
501.02000 – Burden of Proof; Evidence
Once probationary teacher sets forth prima facie case for discrimination, burden shifts to district to show nondiscriminatory reason for nonreelection, even though Ed. Code does not require district to show cause for decision; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Association (1991) 228 Cal.App.3d 166, review denied.)
502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Probationary teachers covered under Act; district must justify decision not to reelect once prima facie showing made; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166, review denied.)
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Even though district need not give reason for decision not to reelect probationary teacher under Ed. Code, it has burden to justify action after prima facie case for discrimination made; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166, review denied.)
1201.02000 – Reinstatement
Board ordered reinstatement of probationary teacher resulting in tenure; p. 14, fn. 7) (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166.)
1500.02000 – Education Code Sections Considered by PERB (By Number)
Ed. Code section 44882 (now 44929.21(b)), even though this section permits a district to make a nonreelection decision without showing cause, the district may not do so for discriminatory reasons; pp. 7-8. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (March 7, 1991).)
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Nonreelection, even though Ed. Code section 44882 (now 44929.21 (b)) permits a district to make a nonreelection decision without showing cause, the district may not do so for discriminatory reasons; pp. 7-8. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166.)
505.13000 – Other
Despite fact that Ed. Code does not require reason for district's decision not to relect probationary teacher, district may not do so for discriminatory reason; pp. 9-10. (Affirmed, McFarland USD v. PERB/McFarland Teachers Assn. (1991) 228 Cal.App.3d 166, review denied.)