California Teachers Ass'n v. Commission on Teacher Credentialing

In this case a group of regularly credentialed teachers unsuccessfully applied for teaching jobs in a number of Imperial County school districts. In place of the regularly credentialed teachers, the districts hired individuals who had received emergency credentials from the Commission on Teacher Credentialing (Commission). By way of a petition for a writ of mandate the regularly credentialed teachers challenged the Commission’s issuance of the emergency credentials and the districts’ decision to employ teachers who received the emergency credentials. The trial court sustained demurrers to their amended petition without leave to amend.

We affirm. As we interpret the pertinent statute and administrative regulation, the availability of regularly credentialed teachers does not prevent the Commission from issuing emergency credentials and does not prevent districts from hiring individuals who have received emergency credentials.

Factual and Procedural Background

1. Initial Petition

On August 8, 1990, the California Teachers Association and four individuals filed a petition for a writ of mandate in the superior court. The petition named as respondents seven school boards,…