March 25, 2026
Court of Appeal of the State of California, First Appellate District, Division Two
The Rule of West Contra Costa Unified School District is that a school district cannot claim impossibility as a defense to statutory teacher certification requirements until it has exhausted all statutory alternatives, including seeking waivers from the Commission on Teaching Credentialing or the State Board of Education, under circumstances where the district uses rolling substitutes instead of qualified permanent teachers in violation of statutory mandates.
April 17, 2026 (as modified; original opinion March 25, 2026)
Court of Appeal, First Appellate District, Division Two
The Rule of Sam Cleare et al. v. Superior Court of Contra Costa County is that a school district cannot claim impossibility as a defense to teacher credentialing requirements without first exhaustively pursuing all statutory alternatives, including requesting waivers from the Commission on Teacher Credentialing and State Board of Education, under circumstances where the district acknowledges non-compliance with teacher vacancy and substitute teacher limitations.