Stewart

This case raises the issue of the authority of a California school district to suspend a school nurse, without prior notice and without pay, after her five-year preliminary health services credential issued by the State of California had expired. By her petition for writ of mandate, respondent Jane Stewart contended her suspension by appellant Acalanes Union High School District (District) violated Education Code section 44939. She sought, inter alia, payment of her salary withheld from her from February 23, 1987, through March 16, 1987, the period of suspension during which she was uncredentialed for the position of school nurse. The trial court issued a peremptory writ of mandate granting the relief requested. The District appealed. We reverse.

I

Statutory Law Governing Terms and Conditions of School Nurse Credential

Part 25 of the Education Code, section 44000 et seq., entitled “Employees,” governs Stewart’s rights and duties as an employee of a school district. Section 44002 of part 25 defines “ ‘credential’ ” as a document issued by the State Board of Education or the Commission for Teacher Preparation and Licensing, authorizing a person to engage in the service…