Cal. Teachers Ass'n v. Bd. of Trs. of Fullerton Union High Sch. Dist.

Plaintiffs, California Teachers Association and Fullerton Secondary Teachers Organization, appeal from a judgment on the pleadings in favor of defendant, Board of Trustees, Fullerton Union High School District (District). The complaint sought a judgment declaring Education Code section 18256 unconstitutional and an injunction preventing defendant from entering into contracts with private schools to provide driver training instruction to pupils of the District as authorized by said section. The trial court entered judgment on the pleadings upholding the constitutionality of Education Code sections 41913-41919 and the validity of agreements executed pursuant thereto.

The complaint alleged that prior to the 1976-1977 school year, the District operated a driver training program for the pupils enrolled in the schools of the District with instruction provided by the regular certificated teaching staff of the District. During the 1975-1976 school year, the District, pursuant to former section 18256 of the Education Code, entered into a contract with the American Institute for Driver Improvement, Inc., for the latter to provide a course of instruction for the pupils of the…