Barozzi
San Jose Teachers Ass'n, CTA, NEA v. Barozzi
Opinion
Opinion
Premo, J.
Appellant San Jose Teachers Association, CTA, NBA, appeals from a judgment declaring invalid the annual search requirement of section 5592, title 5, of the California Code of Regulations (hereafter Regulation 5592). We affirm.
Factual Background
Respondent San Jose Unified School District (hereafter, District) maintains an active interscholastic athletic program in its secondary schools. In 1986, and at all relevant times thereafter, the District’s policy in hiring athletic coaches has been to offer the position to teachers currently employed by the District before employing outsiders, known as “walk-ons.”
In 1986, the coaching position for the Leland High School varsity baseball team was vacant. Pursuant to the District’s policy, the position was first offered to currently employed teachers. When none was found suitable, the District hired Paul Ugenti, a noncertificated “walk-on.” Ugenti remained as coach through the 1989-1990 school year when this action was filed. The District did not conduct an annual search for Ugenti’s replacement among its certificated employees pursuant to Regulation 5592.