Stewart v. Acalanes Union High Sch. Dist

In Stewart v. Acalanes Union High Sch. Dist. (1989) 209 Cal. App. 3d 1142, the plaintiff, a school nurse, was employed in a position requiring a health services credential. She obtained a five-year preliminary health services credential. She did not, however, complete the course work necessary to obtain a new credential after the five-year credential expired. The District learned of that fact, and suspended her from employment effective immediately. The plaintiff argued that the District's action violated the law, citing a code section concerning the rights of certificated employees. The appellate court rejected the argument, pointing out that the section was not applicable to employees such as the plaintiff, who held no valid credential. ( Id. at pp. 1146-1147.) The court further pointed out, as the District asserts here, that Education Code section 45034 prohibits the drawing of a pay warrant to an uncredentialed person employed in a position requiring a credential; finding, in essence, that section 45034 takes precedence over other sections requiring the District to take certain actions before terminating or suspending employees. ( Id. at p. 1147.) Education Code section 45034 provides, in relevant part: "No order for a warrant, and no warrant drawn pursuant to Section 42647, shall be drawn in favor of any person employed in a position requiring certification qualifications, unless such person is at the time the holder of a proper certification document in full force for the full time for which the requisition or warrant, as the case may be, is drawn, and on file or registered as required by law at the time . . . ."