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GOVERNING BD. OF RIPON UNIFIED SCHOOL DIST. v. COMMISSION ON PROFESSIONAL COMPETENCE

No. C058815.

177 Cal.App.4th 1379 (2009)

GOVERNING BOARD OF RIPON UNIFIED SCHOOL DISTRICT, Plaintiff and Respondent, v. COMMISSION ON PROFESSIONAL COMPETENCE, Defendant; THERESA MESSICK, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

September 29, 2009.

Attorney(s) appearing for the Case

Driscoll & Associates and Thomas J. Driscoll, Jr., for Real Party in Interest and Appellant.

Atkinson, Andelson, Loya, Ruud & Romo, Chesley D. Quaide and Marleen L. Sacks for Plaintiff and Respondent.

Kronick, Moskovitz, Tiedemann & Girard and Diana D. Halpenny for Education Legal Alliance for the California School Boards Association as Amicus Curiae on behalf of Plaintiff and Respondent.

No appearance for Defendant.

OPINION

NICHOLSON, J.—

We address in this appeal a school district's authority to impose a new condition of employment on its teachers in order to satisfy a legislative mandate. State law requires all public school students who are not fluent in English to be taught by teachers who have been certified to teach such English learners. A school district must also ensure that English learners have equal access to all of a school's programs...

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