Neary V. Frantz

This is an appeal from the dismissal of a special action brought by a teacher whose employment contract was not renewed. The pertinent facts giving rise to this litigation are as follows. Michael Neary was employed as a substitute teacher in the Wilson Elementary School District during the first semester of the 1977-78 school year. He had a substitute's certificate which entitled him to teach as a non-contract teacher for not more than 90 days during a school year. See Ariz.Admin.Comp.R. 7-2-603(K) (1978). However, he had not completed the educational requirements for a basic elementary or secondary teaching certificate.