2005 California Education Code Sections 44420-44440 Documents

44420.  (a) If any person employed by a school district in a
position requiring certification qualifications refuses, without good
cause, to fulfill a valid contract of employment with the district
or leave the service of the district without the consent of the
superintendent, if any, or the governing board, of the district
except in the manner provided for by law, the commission may, after
proof of this fact is made to it, take an adverse action on the
credential holder but may not suspend the credential for more than
one year or revoke the credential.
   (b) If the credentials issued to the person by the commission have
been subject to adverse action pursuant to subdivision (a), the
commission may, if the credentials again become subject to suspension
under this section, suspend the credentials for not more than two
years.
   (c) The commission shall investigate allegations brought under
this section in accordance with Section 44242.5.
44421.  The Commission for Teacher Preparation and Licensing shall
privately admonish, publicly reprove, revoke or suspend for immoral
or unprofessional conduct, or for persistent defiance of, and refusal
to obey, the laws regulating the duties of persons serving in the
public school system, or for any cause which would have warranted the
denial of an application for a credential or the renewal thereof, or
for evident unfitness for service.
44421.1.  (a) Notwithstanding Section 44421, the commission shall
take an appropriate adverse action on any credential holder who
knowingly and willfully uses school records of pupil data in
connection with, or implicitly or explicitly attempts to recruit a
pupil to be a customer for, any business owned by the credential
holder or in which the credential holder is an employee.
   (b) The commission shall investigate allegations brought under
this section in accordance with Section 44242.5.
44421.5.  (a) Notwithstanding Section 44421, the commission shall
take an appropriate adverse action on any credential holder who
knowingly and willfully reports false fiscal expenditure data
relative to the conduct of any educational program.
   (b) The commission shall investigate allegations brought under
this section in accordance with Section 44242.5.
44422.  Whenever the holder of any credential issued by the State
Board of Education or the Commission for Teacher Preparation and
Licensing is charged with immoral or unprofessional conduct or
evident unfitness for service or persistent defiance of, and refusal
to obey, the laws regulating the duties of his position, the
commission in its discretion after notifying the person charged of
its intention to do so, may require the county board of education of
the county in which he is serving or has last served to give notice
of, and conduct, a hearing of the charges in the manner prescribed by
law for the hearing of charges for private admonition, or for the
revocation or suspension of a certificate by a county board of
education.
   The county board of education, after the hearing, shall report to
the commission its findings, and a summary of the evidence, and shall
make a definite recommendation concerning the revocation or
suspension of the credential.
   Upon receipt of a copy of the findings, summary of evidence, and
recommendation, the commission may privately admonish the holder of
the credential, or suspend or revoke the credential for the causes
stated, or order the charges dismissed.
44423.  (a) Whenever the holder of any credential issued by the
commission requests in writing that the credential held by him or her
be revoked, the commission shall revoke the credential.
   (b) Notwithstanding a revocation pursuant to subdivision (a), the
commission shall retain its authority to act under subdivision (b) of
Section 44440.
44424.  (a) Upon the conviction of the holder of any credential
issued by the State Board of Education or the Commission on Teacher
Credentialing of a violation, or attempted violation, of a violent or
serious felony as described in Section 44346.1, or any one or more
of Penal Code Sections 187 to 191, inclusive, 192 insofar as this
section relates to voluntary manslaughter, 193, 194 to 217.1,
inclusive, 220, 222, 244, 245, 261 to 267, inclusive, 273a, 273ab,
273d, 273f, 273g, 278, 285 to 288a, inclusive, 424, 425, 484 to 488,
inclusive, insofar as these sections relate to felony convictions,
503 and 504, or of any offense involving lewd and lascivious conduct
under Section 272 of the Penal Code, or any offense committed or
attempted in any other state or against the laws of the United States
which, if committed or attempted in this state, would have been
punished as one or more of the offenses specified in this section,
becoming final, the commission shall forthwith revoke the credential.
   (b) Upon a plea of nolo contendere as a misdemeanor to one or more
of the crimes set forth in subdivision (a), all credentials held by
the respondent shall be suspended until a final disposition regarding
those credentials is made by the commission.  Any action  that the
commission is permitted to take following a conviction may be taken
after the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code.
   (c) The commission shall revoke a credential issued to a person
whose employment has been denied or terminated pursuant to Section
44830.1.
   (d) Notwithstanding subdivision (a), a credential shall not be
revoked solely on the basis that the applicant or holder has been
convicted of a violent or serious felony if the person has obtained a
certificate of rehabilitation and pardon pursuant to Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code.
44425.  (a) Whenever the holder of any credential issued by the
State Board of Education or the Commission on Teacher Credentialing
has been convicted of any sex offense, as defined in Section 44010,
or controlled substance offense, as defined in Section 44011, the
commission shall forthwith suspend the credential.  If the conviction
is reversed and the holder is acquitted of the offense in a new
trial or the charges against him or her are dismissed, the commission
shall forthwith terminate the suspension of the credential.  When
the conviction becomes final or when imposition of sentence is
suspended, the commission shall forthwith revoke the credential.
   (b) Notwithstanding any other law, revocation shall be final
without possibility of reinstatement of the credential if the
conviction is for a felony sex offense, as defined in Section 44010,
or a felony controlled substance offense, as defined in Section
44011, in which an element of the controlled substance offense is
either the distribution to, or use of a controlled substance by, a
minor.
   (c) Upon a plea of nolo contendere to any sex offense specified in
Section 44010, which plea does not constitute a conviction pursuant
to Section 1016 of the Penal Code, all credentials held by the
respondent shall be suspended until a final disposition regarding
those credentials is made by the commission.  Any action that the
commission is permitted to take following a conviction may be taken
after the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal, irrespective of a subsequent order under Section 1203.4 of
the Penal Code.
   (d) (1) Notwithstanding any other provision of law, the commission
shall immediately suspend the credential of any holder who is
required to register as a sex offender pursuant to either of the
following:
   (A) Section 290 of the Penal Code.
   (B) A law of any other state or of the United States when the
underlying offense, if committed in this state, would require
registration as a sex offender pursuant to Section 290 of the Penal
Code.
   (2) If the conviction requiring registration as a sex offender is
reversed on appeal and the holder is acquitted at a new trial or if
the charges against the holder are dismissed as a result of the
reversal, upon notice, the commission shall immediately reinstate the
credential.
   (3) The commission shall immediately revoke a credential based on
a conviction requiring registration as a sex offender when the time
for appeal has elapsed, the judgment of conviction has been affirmed
on appeal, or an order granting probation is made suspending the
imposition of sentence and the time for appeal has elapsed.
44425.5.  Whenever the holder of any credential issued by the State
Board of Education or the Commission on Teacher Credentialing is
found to be insane, by a federal court or a court in this or any
other state, the commission shall immediately revoke all credentials
held by the person.
   Notwithstanding any other provision of law, revocation shall be
final without possibility of reinstatement of the credentials if the
holder of the credential is charged with a felony sex offense, as
defined in Section 44010, a felony controlled substance offense, as
defined in Section 44011, in which an element of the controlled
substance offense is either the distribution to, or use of a
controlled substance by, a minor, or murder, as defined in Section
187 of the Penal Code, and, in response to the charge, the holder of
the credential is found to be insane through a criminal proceeding by
a federal court or a court in this or any other state.
44426.  Whenever the holder of any credential issued by the State
Board of Education or the Commission for Teacher Preparation and
Licensing has been determined to be a sexual psychopath under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6 of the Welfare and Institutions Code or under
similar provisions of law of any other state, the commission shall
forthwith suspend the credential.  If the determination is reversed
and the holder is determined not be a sexual psychopath in a new
proceeding or the proceeding to determine whether he is a sexual
psychopath is dismissed, the commission shall forthwith terminate the
suspension of the credential.  When the determination becomes final,
the commission shall forthwith revoke the credential.
44427.  County boards of education may revoke or suspend, for
immoral or unprofessional conduct, evident unfitness for teaching, or
persistent defiance of, and refusal to obey the laws regulating the
duties of, teachers, the certificates granted by them.
44428.  No certificate shall be revoked or suspended, except upon
the written request of its holder, until after a hearing before the
county board of education, and then only upon the affirmative vote of
at least four members of the board.
44429.  All charges of immoral or unprofessional conduct, of evident
unfitness for teaching, or persistent defiance of, and refusal to
obey the laws regulating the duties of teachers, shall be presented
to the board in writing and shall be verified under oath.
44430.  Notice of the time of hearing and a full and complete copy
of the charges shall be furnished to the accused at least 10 days
before the hearing.
44431.  The accused shall be given a fair and impartial hearing and
shall have the right to be represented by counsel.
44432.  The hearing shall be governed by and conducted under the
rules of the board.
44433.  If any teacher employed by a board of school trustees for a
specified time, leaves the school before the expiration of the time,
without the consent of the trustees, in writing, the teacher is
guilty of unprofessional conduct, and the board of education of the
county, upon receiving notice of the fact, may suspend the
certificate of the teacher for the period of one year.
44434.  Each city or city and county board of examination may for
immoral and unprofessional conduct, profanity, intemperance, or
evident unfitness for teaching, recommend to the city or city and
county board of education, the revocation of any certificate
previously granted by the board of education in the city or city and
county.
44435.  Upon the becoming final of the conviction of the holder of a
certificate issued by a county board of education of a violation or
attempted violation of any one or more of Penal Code Sections 187 to
191, 192 insofar as said section relates to voluntary manslaughter,
193, 194 to 232, inclusive, 244, 245, 261 to 267, inclusive, 273a,
273f, 273g, 278, 285 to 288a, both inclusive, 424, 425, 484 to 488,
both inclusive, insofar as said sections relate to grand theft, 503
and 504, or of Penal Code Section 272, the county board of education
shall forthwith revoke the certificate.
44436.  Whenever the holder of a certificate issued by a county
board of education has been convicted of any sex offense as defined
in Section 44010 or controlled substance offense as defined in
Section 44011, the county board of education shall forthwith suspend
the certificate.  If the conviction is reversed and the holder is
acquitted of the offense in a new trial or the charges against him or
her are dismissed, the board shall forthwith terminate the
suspension of the certificate.  When the conviction becomes final or
when imposition of sentence is suspended, the board shall forthwith
revoke the certificate.
44437.  Whenever the holder of a certificate issued by a county
board of education has been determined to be a sexual psychopath
under the provisions of Article 1 (commencing with Section 6300),
Chapter 2, Part 2, Division 6 of the Welfare and Institutions Code or
under similar provisions of law of any other state, the county board
of education shall forthwith suspend the certificate.  If the
determination is reversed and the holder is determined not to be a
sexual psychopath in a new proceeding or the proceeding to determine
whether he is a sexual psychopath is dismissed, the board shall
forthwith terminate the suspension of the certificate.  When the
determination becomes final, the board shall forthwith revoke the
certificate.
44438.  (a) "Private admonition," as used in this article and in
Article 3 (commencing with Section 44240) of Chapter 2, is a warning,
in writing, to the applicant or credential holder that states in
ordinary and concise language the act or omission of the applicant or
credential holder and further states that repetition of such act or
omission may result in denial, suspension, or revocation of the
credential.
   (b) The private admonition shall be included in the applicant's or
credential holder's file, maintained by the commission.
   (c) The applicant's or credential holder's employer at the time of
admonition shall receive a copy of the admonition and shall not make
such copy accessible or disclose the contents thereof, unless the
applicant or credential holder consents, in writing, thereto.
   (d) For purposes of Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the private admonition
is deemed a personnel record within the meaning of subdivision (c) of
Section 6254 of the Government Code.
   (e) The commission and the applicant's or credential holder's
employer shall expunge all records pertaining to the private
admonition maintained in his or her files pursuant to subdivisons (b)
and (c) at the expiration of three years, so long as there is no
recurrence of such an offense.
44439.  The commission may take an adverse action on the ground that
an applicant or credential holder has subverted or attempted to
subvert any licensing examination or the administration of an
examination, including, but not limited to:
   (a) Conduct that violates the security of the examination
materials; removing from the examination room any examination
materials; the unauthorized xerographic, photographic, or other
mechanical reproduction of any portion of the actual licensing
examination; aiding by any means the unauthorized xerographic,
photographic, or other mechanical reproduction of any portion of the
actual licensing examination; paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination; obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination or use or purport to use any
examination questions or materials which were improperly removed or
taken from any examination for the purpose of instructing or
preparing applicants for examinations; or selling, distributing,
buying, receiving or having unauthorized possession of any portion of
a future, current, or previously administered licensing examination.
   (b) Conduct that violates the standard of examination
administration; communicating with any other examinee during the
administration of a licensing examination; copying answers from
another examinee or permitting one's answers to be copied by another
examinee; having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination; or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
   (c) The commission shall investigate allegations brought under
this section in accordance with Section 44242.5.
44440.  (a) No applicant who is under review by the commission shall
be allowed to withdraw his or her application for a credential
without the written consent of the commission.  The commission shall
retain its authority over those applicants to proceed with the denial
of the credential upon any ground provided by law, or to enter an
order denying the credential upon any ground provided by law.
   (b) The suspension or expiration of any credential, its surrender
without the written consent of the commission, or a revocation
pursuant to Section 44423 does not deprive the commission of its
authority to do any of the following:
   (1) Institute or continue a disciplinary proceeding against the
credential holder upon any ground provided by law.
   (2) Enter an order suspending or revoking the credential.
   (3) Issue a public reproval or private admonition to the
credential holder.