Legal Question in Administrative Law in California
Can a contract provision between two state entities (California State University and California Commission Teacher Credentialing) supercede California state law?
If state law should be followed how would I ensure compliance?
Note: I only have positive feedback from cooperating teachers and glowing reviews from supervisors assigned from my CSU program.
Currently the CSU where I completed all of my teacher credential course work is denying me the recommendation for a teaching credential based on not passing the final Teacher Performance Assessment (TPA). Their credential program and assessment plan is more restrictive than current state law. State law does not require one to pass the TPA or require it to be the only measure for a recommendation. Their partial response is below followed by part of my request for their recommendation.
We are unable to honor your request since we are only authorized to recommend candidates who fulfill all of the requirements of our CCTC-approved credential instructional program and assessment plan. Our accreditation is based upon our faithful adherence to all aspects of our approved program. Thus we do not have the option of "picking and choosing" which items to require nor to make individualized exceptions that circumvent fundamental expectations that apply to all of our candidates. Our candidates must meet all the GPA and state testing requirements,
�The performance assessment results shall be reported so that they may serve as one basis for a recommendation by the program sponsor that the commission award a teaching credential� (SB 1209, Ch 517 and SB 2042, Ch 548).�
�The performance assessment shall be designed to provide�information� for the purpose of improving the candidate�s teaching knowledge, skill, and ability (SB 1209 and SB 2042).� The denial is also unfair because the TPA cannot accurately assess my breadth of knowledge, as it relates to all of the California Content Standards or, my skills and abilities in developing that knowledge in students at different grade levels.
1 Answer from Attorneys
A contract provision between two state agencies cannot validly prevail against state law that is clearly applicable and clearly contrary. Whether that is the case here cannot be determined without lengthy research. A first step would be to see where SB 1209 and SB 2042 are codified in the statutes, if indeed they are.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
