BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2007-2008 Regular Session
BILL NO: SB 1110
AUTHOR: Scott
AMENDED: March 24, 2008
FISCAL COMM: Yes HEARING DATE: March 26, 2008
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Teacher Credentialing: Criminal Convictions
SUMMARY:
This bill requires the Commission on Teacher Credentialing
(CTC) to take action on an educator's credential when the
educator has a credential revoked by another state or
following criminal convictions with probation conditions that
limit contact with children.
BACKGROUND
Current law requires the Commission on Teacher Credentialing
(CTC) to revoke a credential when the holder has been
convicted of certain sex offenses or controlled substance
offense and prohibits reinstatement of the credential for
certain felony offenses.
Current law requires the CTC to privately admonish, publicly
reprove, revoke or suspend an educator's credential for
immoral or unprofessional conduct, refusal to obey laws
regulating the duties of persons serving in public schools,
or for evident unfitness for service.
Current law establishes the Committee of Credentials (COC)
for the purpose of reviewing allegations that may be grounds
for the denial, suspension, revocation of a teaching or
services credential issued by the CTC.
Current law allows a person whose credential has been revoked
or suspended to petition the agency for reinstatement or
reduction of penalty after a period of not less than one year
from the effective date of the revocation.
ANALYSIS
SB 1110
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This bill :
1) Requires the CTC to suspend the credential of a holder
when it receives notice that another state has revoked a
credential or license authorizing any duty in the public
schools of that state for misconduct that would be a
cause
SB 1110
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for revocation in California and requires the suspension
to remain in effect until the COC completes its review
and the CTC takes final action on the credential.
2) Requires the CTC to revoke the credential of a holder
when it receives notice that the holder's ability to
associate with minors has been limited as a term or
condition of probation as a result of a criminal
conviction.
3) Requires the CTC to revoke the credential of a holder
when it receives notice the holder of the credential has
been ordered to surrender a credential or certification
document as a term or condition of probation resulting
from a criminal conviction.
4) Prohibits individuals who have had credentials revoked
as specified from applying for reinstatement of their
credential until the terms or conditions imposed by the
conviction have been lifted.
STAFF COMMENTS
1) Need for the bill . A recent Associated Press (AP)
study found that roughly 25% of all disciplinary actions
against teachers involve sexual misconduct. In a study
of all 50 states and the District of Columbia, the AP
found 2,570 educators nationwide whose teaching
credentials were revoked, denied, surrendered, or
sanctioned following allegations of sexual misconduct.
The study revealed that between 2001 and 2005, 313
California educators had their credential suspended or
revoked as a result of sexual misconduct.
The study noted that while California law requires
educators who plead guilty to or are convicted of
specified sex, controlled substance, and violent felony
offenses to lose their credential, existing law allows
holders who have had a credential revoked by another
state to maintain a valid credential while the
Commission completes a discretionary investigation to
determine whether the individual should maintain a
California credential. According to CTC staff,
credential holders who undergo such reviews continue to
be credentialed and can teach in the public schools. By
requiring the CTC to take immediate action when notified
of licensure revocation by another state or following
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the imposition of specified criminal sanctions, SB 1110
closes a loophole identified in the AP study. According
to the author's office, the intent of the bill is to
strengthen the state's ability to protect children from
educators who have engaged in serious misconduct.
2) Related legislation . SB 1105 (Margett), which is also
to be considered by this committee on March 26, 2008,
expands the definition of "conviction" for purposes of
credential suspension or revocation to include pleas of
nolo contendere and makes adverse action findings
available to employing school districts for more than
one year.
SUPPORT
Association of California School Administrators
California Commission on Teacher Credentialing (Sponsor)
California School Boards Association
Los Angeles Unified School District
School Innovations & Advocacy
OPPOSITION
California Teachers Association