Eastham v. Santa Clara Elementary School District

CHRISTIAN, J.

Santa Clara Unified School District appeals from a judgment directing issuance of a writ of mandate compelling the district to apply its salary schedule for certificated personnel to two school nurses.

Alice Niles and Sylvia Eastham, respondents before us, were first employed by the district in 1950 and 1954, respectively. Each completed a three-year probationary period and became a permanent employee of the district in the position of school nurse. Both hold credentials required for this position (Ed. Code, § 13197) and have continued in that employment to the present time.

Prom the time respondents were first employed by the district until the 1963-1964 school year, they and other elementary school nurses were treated the same as teachers for salary purposes ; both classes of employees received the same starting pay and periodic increases according to a schedule of seniority. In May 1963, the governing board of the district changed its salary policy for elementary school nurses; although starting pay of nurses was still to be regulated by the general salary schedule, nurses were no longer to be allowed to advance on the schedule beyond a given point. The board thus established a maximum salary for school nurses. The reason for this change in policy was the trustees’ belief that a gap had developed between the pay of school nurses and the salaries generally earned in the nursing profession. Respondents had already advanced beyond the new maximum placed upon school nurses ’ salaries; respondents ’ salaries were therefore fixed at the level which they had then attained. In the succeeding years, respondents’ salaries have remained constant while annual salaries of the district’s teachers of equal seniority have increased over the amounts received by respondents.

After seeking administrative relief respondents obtained a writ of mandate commanding appellants to place respondents on the salary schedule as though the 1963 policy change had not been made and to pay them salaries accordingly, The district appeals, contending that the board acted within its power in placing a ceiling upon respondents’ salaries. The claim is that nurses constitute a distinct class of certificated employees, apart from school teachers, and that it was not arbitrary to classify them separately for salary purposes.

Both teachers and school nurses are “certificated”

[809]