Opinion No. (1997)

DANIEL E. LUNGREN Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE BROOKS FIRESTONE, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: May the spouse of a member of the governing board of trustees of a school district be hired by the district as a substitute teacher? CONCLUSION The spouse of a member of the governing board of trustees of a school district may not be hired by the district, whether as a substitute teacher or in any other employment capacity. ANALYSIS The question presented for resolution concerns the ability of a school district to employ, as a substitute teacher, the spouse of a member of the school district's governing board of trustees. A substitute teacher is an "employee of a school district who is employed in a position requiring certification qualifications, whose duties require him or her to provide direct instruction to pupils in the schools of that district for the full time for which he or she is employed." (Ed. Code, § 41401 ; Cal. Code Regs., tit. 5, § 5:17604 , subd. (d).) The function of a substitute teacher is to fill the position of a regularly employed teacher who is absent…