Partisan politicking with the safety of children.
March 26, 2008 - A Calfiornia senate committee on education approved a bill that would allow California to automatically suspend teachers' credentials when they have been convicted of a sex offense or other serious crime in another state.
The bill (SB 1110) was introduced by Jack Scott (D-Pasadena) would require the California Teacher Credentialing Commission to automatically suspend a teacher's license if it had been revoked in another state. Credentials also could be revoked after a criminal conviction that limits a person's contact with children.
The other bill (SB1105) that was held over for "more information" was introduced by Bob Margett, (R-Arcadia) would address the problem of teachers who are accused of sexual misconduct in California but enter no contest pleas to a lesser offense can sometimes retain their teaching credentials. It is a "no contest" loophole.
The credentialing commission's attorney, Mary Armstrong, said current law allows teachers who plead no contest to be treated differently than those who plead guilty. Armstrong said teaching is the only profession that draws the distinctionArmstrong said teaching is the only profession that draws the distinction.
[TT - A no contest plea is an admission that if the case went to court, the defendant would likely be found guilty. For all intents, it is a guilty verdict and is treated as such in sentencing and in the criminal record.]
The Teacher Credentialing Commission sponsored both bills.
The California Teachers Association, the state's largest teachers union, testified against both of them.
The committee delayed action on Margett's bill so he could address the concerns about due process raised by the teachers union.
-------------------------------------
INFO: Members of the Senate Education Committee.
TT - If a teacher pleads guilty or is found guilty of a sex offense, they immediately lose their license. However, if a teacher pleads no contest - which is essentially agreeing that they would be found guilty in court and is treated EXACTLY like a guilty verdict or guilty plea - the teacher remains suspended until a final decision by the Commission on Teacher Credentialing is made.
Not mentioned in the news story was this provision in Margett's bill:Removes the one-year limitation for making adverse action findings available to employing school districts, thereby requiring the CTC to make the findings available indefinitely.
Margett's bill would correct the "no contest" loophole and the one-year limitation on public records, but it is unlikely that it will be passed, now or any time in the future despite being supported by:
- California Commission on Teacher Credentialing (Sponsor)
- California District Attorneys Association
- California School Boards Association
- Los Angeles County District Attorney's Office
- School Innovations and Advocacy
