Special Fee Shifting Statute: Teacher’s Win Under Education Code Section 44942 Does Not Guarantee Fee Win Under Education Code Section 44944(e)(2)

Third District Affirms Fee Denial in Technical Education Code Area.

     Okay, folks. We told you early on in this blog we would cater to all areas. We hold true to our promise, summarizing a recent decision from the Third District on a fee-shifting provision contained in Education Code section 44944(e)(2), which contains a mandatory fee-shifting provision when and if it applies.

     Whether it applies was at issue in Jane Doe v. Lincoln Unified School Dist., Case No. C064262 (3d Dist. Jan. 27, 2011) (unpublished), with the appellate court reversing an Education Code fee award to teacher in the amount of $29,715.

     Teacher and Classroom.  c1902.  Tuskegee.  Library of Congress.

     The fee award to teacher was not legally justified, said the reviewing court.

     Teacher won a battle under section 44942, which governs procedures on whether a teacher is suffering from a mental illness and then requires that the teacher be placed on administrative leave in the process. However, the mandatory fee-shifting provision of secrtion 44944(e)(2) deals with a different subject, namely, dismissal or suspension of a teacher. Forker v. Board of Trustees, 160 Cal.App.3d 13 (1984) was distinguishable because this was no “end run” of the mandated Education Code procedures so as to trigger fee shifting.

      The school board, in this case, had not “run the gauntlet” of section 44942 procedures so as to be entitle the teacher to fees–especially given no ultimate finding of dismissal or suspension. Given that the fee entitlement statute was express, no fees were warranted.