Just what exactly happens when a teacher allows his/her teaching credential to lapse? A permanent teacher, hired originally as a 1.0 FTE allowed his full time credential to lapse 30 days into the start of the school year. The District gave the teacher the opportunity to apply for a part time credential, which he did and the District continued to employ him in a part time capacity. 15 months later, and half way into the succeeding school year, the teacher contacted the District and informed them that he had completed requirements for reinstatement of his full time credential and demanded the District return him to full time status and salary. The District refused to do so arguing that it was not required to create a position it did not need and furthermore, was certainly not required to do so in the middle of the school year. The trial court denied the teacher's Petition for Writ of Mandate and the 3rd District Court of Appeals upheld the Trial Court's determination. As this was not a published decision, it can not be relied upon in other cases, but at least this confirms that a teacher has a responsibility to maintain his/her credential.
Cann v. Oroville Union High School Dist. CA3
By Emily E. LaMoe
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