Governing Board of Ripon Unified School District v. Commission on Professional Conduct (Messick)
Filed September 29, 2009, Third District
Cite as 2009 SOS 5825

District Authorized to Terminate Unqualified Teacher to Comply with State Law

In compliance with a state law, plaintiff Governing Board of Ripon Unified School District (District) required all its teachers to become certified in order to teach learners who were not fluent in English.

The District agreed with the teacher’s union to impose this requirement. It would also pay for the cost of training and provide additional stipend to its teachers. Consequently, non-compliance with the directive would result in termination.

Theresa Messick (Messick), the only music teacher in Ripon High School, refused to obtain the certification despite repeated demands to receive English learner (EL) training. Subsequently, proceedings to terminate her began.

The District filed a written statement of charges against Messick for unprofessional conduct, evident unfitness for service, and persistent violation of or disobedience to school laws of the state or reasonable regulations set by the Board of Education or the governing board of the District.

Messick moved for the dismissal of the District’s charges with the Commission on Professional Competence. The administrative law judge (ALJ) granted the dismissal.

The District filed a writ of mandate with the trial court. The trial court granted the writ and set aside ALJ’s decision.

The trial court ruled that the District was authorized to enter into an agreement with the teacher’s union and in turn could proceed against Messick to enforce the agreement.

Messick appealed by alleging that the District lacked authority to impose the EL certification on her.

The California Appeal Court, in affirming the decision of the trial court, ruled that the District has the right to terminate Messick who refused to obtain certification.

The authority was in compliance with a state law requiring certified teachers to teach EL. Moreover, the District had an agreement with the union and imposed upon itself the responsibility to pay for the costs of the training and provide additional stipend for them.