Friday, May 16, 2008

Teacher Misconduct

Closing "loopholes" in California's teacher credentialing law.

May 15, 2008 -

The California Senate has unanimously approved legislation to revoke the licenses of teachers who plead no contest to certain sex crimes or drug offenses.

The bill by Republican Sen. Bob Margett of Arcadia closes a loophole in California's teacher credentialing law. It had allowed teachers charged with serious crimes to avoid automatically having their licenses suspended and later revoked by pleading no contest to a lesser offense.
The bill was prompted by an Associated Press investigation last year into sexual misconduct by teachers. It passed 40-0 and now goes to the Assembly.

The AP's investigation in California confirmed at least 313 cases in which teachers had been punished for sexual misconduct. That included dozens involving pleas of no contest, a common legal agreement that allows a defendant to avoid a trial or civil liability but still leads to conviction.

Margett's bill also would extend the statute of limitations for disclosing past teacher misconduct.
Under current California law, the results of misconduct allegations are sealed by the California Teacher Credentialing Commission after one year. That restricts the ability of school administrators to confirm a teaching candidate's complete record if they learn later that the applicant lied about his or her background.

Margett's legislation would make the records available for five years instead of one. The California Teachers Association, the state's largest teachers union, testified against the bill.
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TT - The bill is SB1105 You can track it here.

Another "loophole" that would be addressed would be to make revocation permanent, without the possibility of reinstatement if the conviction is for a felony sex offense. Another provision is to immediately suspend the credential of any holder who is required to register as a sex offender.