When do Criminal Convictions Cost California Teachers their Teaching Credentials?

The California Commission on Teacher Credentialing (CTC) can revoke or suspend a teacher’s credential if they get convicted of certain criminal offenses.

The commission will automatically suspend or revoke a credential if a teacher is convicted of a

• serious felony,
• certain sex offenses, and
• certain drug crimes.

The CTC may also take disciplinary action if a teacher is convicted of an offense that indicates he/she is unfit to teach.

If a conviction does not lead to the automatic suspension/revocation of a teaching credential, the convicted teacher has the right to attend an administrative hearing before the CTC can take any disciplinary action. The hearing is held before an administrative law judge.

A hearing is similar to a criminal trial. Both the CTC and the convicted teacher can introduce evidence to support their case. The judge typically recommends discipline if the CTC can show, by clear and convincing evidence, that the teacher is unfit to teach. The Commission can approve the recommendation, modify it, or reject it.

Note that, per California Education Code 44830.1, the CTC can refuse to issue teaching credentials for applicants convicted of:

• certain sex offenses,
• a narcotics offense, or
• a serious or violent felony.

The Commission may also deny any application for the issuance of a credential for a variety of reasons. Some of these include if an applicant:

• lacks the proper qualifications to be a teacher,
• is physically or mentally disabled to perform the duties of a teacher, and
• is addicted to alcohol.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Who regulates schoolteachers in California?
• 2. Do any convictions result in the automatic suspension or revocation of teaching credentials?
• 3. What about other criminal convictions?
• 4. Can a convicted teacher attend an administrative hearing?
• 5. What is a “conviction” for purposes of teacher discipline?
• 6. Can a person receive a teaching credential with a criminal record?
• 7. How can an attorney help?

1. Who regulates schoolteachers in California?

California’s teachers are licensed and regulated by the Commission on Teacher Credentialing (CTC), an agency within the state’s executive branch.¹

Within the Commission, the Committee on Credentials reviews teacher discipline cases, including those based on criminal convictions. Depending on the nature of the conviction, the Commission can take the following actions:

• deny granting a teaching credential,
• revoke or suspend a credential,
• place a teacher on administrative probation, or
• warn the convicted teacher.²

2. Do any convictions result in the automatic suspension or revocation of teaching credentials?

Yes. California Education Code 44424 sets forth a variety of criminal convictions that will result in the automatic suspension or revocation of a teaching credential.

A few examples include convictions for:

• a sex offense that requires sex offender registration pursuant to Penal Code 290 (like sexual assault),
• a violent or serious felony like murder, rape, or child abuse, or
• certain drug offenses, like transporting a controlled substance for purposes of sales.³

3. What about other criminal convictions?

Under California law, a conviction for a crime that is not specifically listed in the above code section can still form the basis for teacher discipline so long as it indicates that the credential-holder is unfit to teach. Discipline can be imposed for either misdemeanor or felony convictions.

In making a fitness determination, the Committee will look at the:

• impact of the conduct on students,
• proximity or remoteness in time of the conduct,
• type of credential at issue,
• extenuating or aggravating circumstances,
• praiseworthiness or blameworthiness of motives,
• likelihood of recurrence
• the extent to which discipline may chill constitutional rights, and
• publicity or notoriety given to the conduct.⁴

Example: A 5^th grade public school teacher receives three DUI convictions over the course of several years. The convictions do not automatically result in the suspension or revocation of the teacher’s credential. However, the CTC investigates the matter and questions the teacher’s fitness to continue teaching.

The Commission considers the above factors in determining the teacher’s level of fitness and whether it should impose discipline.

Ultimately, the CTC decides to discipline the teacher. It highlights the facts that the teacher’s students would likely lose respect for the teacher and one of the convictions was for an aggravated offense.

Note that the above example is based on the real case of Broney v. California Commission on Teacher Credentialing.⁵

4. Can a convicted teacher attend an administrative hearing?

Yes. A teacher has the right to have an administrative law judge (ALJ) make a fitness recommendation at an administrative hearing.

The hearing is like a court trial that is held at the Office of Administrative Hearings (OAH). A deputy attorney from the California Department of Justice represents the CTC, and a defense attorney can represent the convicted teacher (at the teacher’s own cost).

Both parties introduce evidence to prove their respective cases. For example, a teacher may offer a certificate of rehabilitation to show that, despite a conviction, he/she is still fit to teach.

The ALJ will likely recommend discipline if the CTC proves, by clear and convincing evidence, that the convicted teacher is unfit to teach. The Commission can approve the recommendation, modify it, or reject it and make its own finding.

Note that teachers have the right to appeal the Commission’s decision by filing a writ with the Superior Court.

If the Commission decides to suspend or revoke a teacher’s credential, the teacher can try to petition the CTC for reinstatement.

5. What is a “conviction” for purposes of teacher discipline?

The term “conviction” includes:

• felony and misdemeanor convictions secured through either guilty pleas and verdicts or “no contest” pleas once the judgment has been entered.⁶

Note that the Commission can even take disciplinary action if a teacher successfully completes a court-ordered diversion program following a conviction.

Generally speaking, the Commission can act with respect to a conviction when:

• the time for appeal has passed,
• the judgment has been affirmed on appeal, or
• an order granting probation is made.⁷

Note that educator misconduct is reported to the Commission by:

• a superintendent or employing school district,
• a charter school,
• public reporting, or
• self-reporting (for example, a teaching application).⁸

The Department of Justice will also notify the Commission when an applicant and/or credential holder is arrested and/or convicted of a crime.⁹

6. Can a person receive a teaching credential with a criminal record?

The answer depends on the type of crime(s) a teacher was convicted of.

According to California Education Code 44830.1, the CTC can refuse to issue teaching credentials for applicants that were convicted of:

• certain sex offenses,
• a narcotics offense (except for drug possession convictions more than five years old), or
• a serious or violent felony.¹⁰

Note that the CTC can also deny credentials for applicants who are determined to be:

• insane by a federal or state court, or
• a mentally disordered sex offender under the law.¹¹

Per Education Code 44345, the Commission may also deny any application for the issuance of a credential if the applicant:

• lacks the proper qualifications to be a teacher,
• is physically or mentally disabled to perform the duties of a teacher,
• is addicted to alcohol,
• is addicted to the use of a controlled substance,
• has committed any act of moral turpitude,
• has intentionally committed fraud in his/her application, or
• refuses to provide evidence of good moral character.¹²

7. How can an attorney help?

A skilled attorney can represent convicted teachers at their administrative hearings.

A criminal defense lawyer can help a teacher gather appropriate evidence and present it to the ALJ.

Attorneys can also help teachers avoid criminal convictions. If a teacher is charged with a crime, he/she should contact a criminal defense attorney immediately after the state files the charge.

A lawyer can help the teacher contest or defend against the charge so that it gets dismissed. The attorney can also work with the prosecutor to possibly reduce the severity or nature of the charge.

For additional help…

If you are a teacher, and are under investigation by the CTC, we invite you to contact our criminal defense firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.

Our lawyers also represent clients throughout the State of California, including those in Los Angeles, Sacramento, Los Angeles County, Riverside, San Diego, and San Francisco.

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