Judge sides with school district in lawsuit over teacher shortages and Stege conditions
A Contra Costa Superior Court judge ruled in favor of the West Contra Costa Unified School District in a closely watched lawsuit seeking to address long-standing teacher vacancies and facility issues at several district schools.
Petitioners, including teachers and parents, had requested a writ of mandate to compel the district to repair Stege Elementary School's facilities and hire full-time, permanent teachers for vacancies at Stege Elementary School, Helms Middle School, and Kennedy High School.
Linda Hemmila
The court rejected both claims, agreeing with the district's argument that Stege's facility issues were moot due to the school's relocation to the DeJean Middle School campus, where it will remain until a modernization project is completed. On the issue of teacher vacancies, the judge found that the district is not legally required to hire permanent teachers for every position, particularly in light of the ongoing teacher shortage.
The decision is a setback for the advocates, who argue that the district has neglected its responsibility to provide safe facilities and qualified teachers, particularly for vulnerable student populations. Despite the ruling, they vow to continue advocating for improved conditions.
Public Advocates, a civil rights law firm, filed the lawsuit in July on behalf of six educators, staff, and parents against WCCUSD for failing to address staffing and facility issues in schools across the district.
Soren Hemmila
Karissa Provenza, Staff Attorney for Public Advocates, called Friday's ruling deeply disappointing. Provenza, who has worked alongside teachers, parents, and students for two years, said she has witnessed how the district has failed its most marginalized students.
"For over a year, the students and teachers of Stege Elementary have pleaded with the district to take action and provide its students with a safe place to play, grow, and learn from qualified and supported teachers," Provenza said in a statement.
"Teachers across WCCUSD have urged the district to better support them. Teachers are critical to a student's life, and having the stability of a permanent and qualified teacher is directly related to student confidence and outcomes. Despite this setback, we will continue to fight."
Due to the ongoing Stege Elementary School Modernization Project, the district temporarily relocated Stege Elementary School to the campus of DeJean Middle School. This arrangement will remain in effect until the project's completion in June 2027.
Public Advocates' lawsuit sought to force the district to fix issues at Stege, including broken windows, broken floor tiles, mold, and plugged toilets.
Central to the ruling was the district's decision to relocate Stege Elementary to the DeJean Middle School campus due to hazardous materials discovered during a window replacement project. Lead paint chips and asbestos were found, prompting the temporary move. According to Melissa Payne, the district's Acting Associate Superintendent of Bond, Facilities, Maintenance, and Operations, the relocation will last until the completion of the modernization project in 2027, which has been allocated a $43 million budget.
"During the project, the district confirmed that construction materials dismantled from the window bay contained lead paint chips and non-friable asbestos in the glazing putty," Payne wrote.
In a legal filing, Payne said the project began as part of a 2016 Facilities Master Plan, with funding approved by voters in the 2020 Measure R bond. By November 2023, the district had set a construction budget, and a request for design-build proposals was issued in September 2024.
Regarding teacher vacancies, the district maintained that there was no legal requirement to hire permanent teachers for every open position, especially amid a statewide teacher shortage.
The school district argued its ability to remedy teacher vacancies with permanent staff is limited by factors beyond its control. The district said that hiring permanent teachers depends on third parties—qualified applicants and potential hires—whose actions cannot be compelled by the court. The district said that it cannot force individuals to apply for, accept, or agree to reassignment to open teaching positions.
WCCUSD claimed no legal mandate requires filling vacancies with permanent teachers. The district noted the process involves employer decisions and candidate willingness. They also highlighted the current teacher shortage and the lack of qualified applicants, making compliance with such a mandate impossible.
Judge Terri Mockler sided with WCCUSD, rejecting both claims and allowing the district's current efforts to address the concerns to proceed without the court's intervention.
Seven-year Stege Elementary School teacher Sam Cleare said Stege would begin every school year with empty classrooms or would lose teachers later in the year. Cleare said the lawsuit was filed to address the basic needs of students.
"When some students would reach me in the third grade, I was their first credentialed teacher for the entire year. These inequities, targeted at some of the most vulnerable students in our communities, are simply unacceptable," Cleare said. "We must continue to fight for more resources in order to meet the basic needs of our students."
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