This story was updated to correct Bal’s last name and to more accurately describe the case.
A lawsuit aiming to force WCCUSD to staff its classrooms with credentialed teachers is being heard by an appeals court Monday, after being denied a trial by a Contra Costa Superior Court early last year.
The civil rights lawsuit, originally filed in July 2024, represents parents and teachers of students at Stege Elementary, Helms Middle School in San Pablo and John F. Kennedy High School. Plaintiffs argue that the district failed to meet state requirements by not hiring credentialed teachers for its “poorest classrooms” and not providing safe facilities.
Contra Costa County Superior Court Judge Terri Mockler dismissed the case in October 2024, ruling that she can’t force WCCUSD to quickly find answers to staffing problems that every California district faces, saying that the statewide teacher shortage makes compliance “impossible.” And in 2025 their request for a new trial was denied.
However, Karissa Provenza, one of the plaintiff’s attorneys, said many California school districts have managed to hire full-time teachers, or at the very least, ensure there is a state-approved individual in the classroom.
“This district is the most egregious that we’ve seen in the state,” Provenza told Richmondside Friday. “ There are so many steps available to get somebody in the classroom who is authorized to be there… the last resort option (being) seeking waivers from the state to keep that substitute in there… but they won’t even do that.
Cleare vs. WCCUSD
What: A San Francisco appeals court is scheduled to hear Cleare vs. WCCUSD on Monday.
Where: 350 McAllister St., San Francisco or via a live webcast, which can be accessed starting at 1:15 p.m.
Note: Court begins at 1:30 p.m., but several cases are scheduled in front of the Cleare lawsuit so it may not be heard until later.
So (for the district) to really just put up your hands and say, ‘This is a statewide issue,’ when we see other districts not struggling to fill these vacancies lawfully the way that west Contra Costa has — It’s definitely a cop out,” Provenza continued.
Many parents have told Richmondside and have complained to the district and school board that their children face a revolving door of unqualified teachers and/or long-term substitute teachers. The district has acknowledged this but says it hasn’t been able to fill all of its open positions.
Provenza said she spoke to Kennedy High School students recently about their right to have full-time credentialed teachers in the classroom. Nearly all the students were shocked by the news because they so often had been taught by uncredentialed substitute teachers, she said.
“I think that might be one of the egregious things,” Provenza said. “We have students in (WCCUSD) who are just so accustomed to this lack of having what they are entitled to, which is having these permanent and qualified teachers in your classroom, that hearing just their basic rights was shocking to them.”
Francisco Ortiz, president of United Teachers of Richmond, said since the 2024 lawsuit was filed, staffing levels have not improved at WCCUSD. In fact, this year the district brought in a record-high number of substitutes, he said, with 140 at one point.
WCCUSD started the academic year with about 70 teacher vacancies. Ortiz said he is not sure how many vacancies there are now, or what to expect in the next school year as the district prepares for a wave of layoffs. He said that number will become clearer in the next three weeks.
After Mockler’s ruling, the plaintiffs appealed the decision with pro bono representation from Public Advocates, a 55-year-old civil rights law firm, and pro bono firm Munger, Tolles & Olson.
“No other California school district has taken this position,” Sumeet Bal, communications director for Public Advocates, wrote in a press release. “A ruling against plaintiffs could open the door for districts statewide to abandon California’s 20-year Williams guarantee of a qualified teacher in every classroom.”
The civil rights lawsuit was originally filed after the district failed to resolve 45 Williams Act complaints filed in June 2023. The 2004 Williams vs. California settlement created legislation establishing standards and accountability measures for educational resources and set requirements for how school districts handle complaints about school conditions.
Many of those complaints were regarding school facility safety, but the appeal does not address those concerns.
In the case of Stege, the plaintiffs made two arguments in October 2024: That hazardous conditions had to be immediately rectified, including fixing opaque and/or inoperable windows, broken floor tiles, and mold-infested walls, and that WCCUSD must be ordered to immediately fill all teacher vacancies with qualified candidates.
At the time, Judge Mockler said she wasn’t convinced that either of these requests were viable. Stege Elementary was indefinitely closed right before school started in 2024, after asbestos and lead were found, and the students were moved to DeJean Middle School — rendering the issue moot, she said. Now construction is underway to rebuild the campus. WCCUSD is scheduled to hold a community meeting in April to share more updates about that process.
The plaintiffs also highlighted the numerous vacant positions at WCCUSD and a pattern of inaction by school administrators, who they said filled classes illegally with long-term substitutes or assigned permanent teachers to fill vacancies during time that was supposed to be their free periods, instead of hiring full-time credentialed teachers, thus placing additional burdens on educators districtwide.
The judge also criticized the petitioners for demanding that WCCUSD stop using substitute teachers for extended periods. She said due to the chronic teacher shortage the district must fill vacancies any way it can, even if that means hiring employees who aren’t seeking teaching credentials.
“Ensuring that every class is led by a fully prepared teacher promotes a positive learning environment that maximizes students’ educational opportunities,” CTA’s amicus brief reads. “Conversely, misassignments — and especially the unlawful extended use of substitute teachers — negatively impact not only student learning but also the broader school environment …Misassignments disproportionately affect disadvantaged communities, perpetuating entrenched systems of socioeconomic inequities.”
In January 2025 the plaintiffs’ motion for a new trial was denied. The case went to the Court of Appeal, First Appellate District, last September.
Outcome of Monday hearing could set statewide precedent
Provenza said the outcome of Monday’s hearing is critical because of the precedent it could set for districts across California.
“This is the first Williams case since Williams was settled (in 2004),” Provenza said. “Other districts are going to see that if West Contra Costa can get away with this, so can we all and then all of a sudden, all of the statutes … on ensuring that we have certified teachers in the classroom, are just going to be getting ignored.”
The court will hear oral arguments from both sides on Monday. If the court rules in favor of the plaintiffs, it will order the lower court to issue a writ that mandates WCCUSD to fill all current vacancies with qualified teachers.
Provenza noted that the team’s motion to expedite was granted, which may be a good sign that the court understands the urgency of the matter.
Ortiz said he is hopeful too, because if not, “why do we have this law?”
“I am hopeful that the judge will say that every student exists and deserves a qualified and certificated educator in front of them. I do hope that they will uphold the William’s Act,” he said.
Members of UTR and CTA will be in the courtroom along with students from Richmond and De Anza high schools who are interested in legal careers.
The court will hear Cleare vs. WCCUSD, among several other unrelated cases, starting Monday at 1:30 p.m. at 350 McAllister St. San Francisco. The hearings are open to the public via a live webcast and the link will be accessible starting at 1:15 p.m.
Would this same judge support hiring unqualified substitutes as court appointed attorneys given that there is always a shortage there, too?
Of course, our students deserve better! Why would anyone be happy with unqualified or underqualified teachers? Our district is in shambles, and we need to improve it for our students; we are failing them by giving them anything else.