Education Law Topics: Certificated Employees

Certificated employees are required to have a credential from the California Commission on Teacher Credentialing (CTC).

In Teacher Dismissal Hearing, School District Liable for Attorney's Fees When It Dismisses Charges on Eve of Proceedings


The California Education Code entitles employees to a hearing regarding their dismissal should they request it.  The third district court of appeal has also  ruled that once a school district employee requests a hearing to contest his/her dismissal, the school district cannot simply “dismiss” the case to avoid an award of attorney’s fees.

Sexting Costs Certificated Teacher His Job – Personal Ad on Craigslist for Sexual Relations Deemed “Immoral Conduct” and Evidence of “Unfitness” Under Education Code Section 44932; Court Declares That Teachers, as Role Models, Occupy Special Position and

Sometimes when teachers do what others do, they can get into trouble simply because they are teachers.  A case from San Diego highlights this very problem. In San Diego Unified School District v. Commission on Professional Competence, the court held that a teacher’s act of posting lewd photos and advertising for sex on Craigslist constituted “immoral conduct” and made the teacher “unfit” to continue working in the San Diego school district.

California Teachers & DUI – CTC Reporting Requirements

California teachers who have been convicted of driving under the influence (DUI) often ask us about their reporting responsibilities to the Commission on Teacher Credentialing (CTC).  The short answer is that a teacher who is already certificated does not necessarily have to report a DUI conviction at the time it is entered on the record, but a bit of background is helpful.

Certificated School District Employees – Know Your Suspension Rights!

We have handled many suspension cases over the years and it is amazing how often the procedure goes wrong.  In a typical situation, a senior administrator (sometimes the Superintendent or Assistant Superintendent) sends a notice to a teacher or principal informing them that they will be suspended without pay within 10 days.  In some cases, the letter will offer a “hearing” of some sort.

Ninth Circuit Requires Full Certification for Teachers under No Child Left Behind Act (NCLB)

When Congress passed the “No Child Left Behind Act” (NCLB, 20 USC §§ 6301, et seq.) the aim was to improve educational opportunities for disadvantaged children. As part of the effort, the statute provides funding for, and permits flexibility in, staffing poorly performing schools.  However, while the statute allows alternate certification procedures for qualified teachers, it nevertheless mandates that all teachers assigned per the NCLB be “fully certified” by state authorities.

Court Recognizes Flexibility in California’s Certification of Teachers Under "No Child Left Behind Act"

Education is a hot button topic in America.  One of the great challenges is placing highly qualified teachers in the classroom – especially in classrooms serving underprivileged students.  One attempt to bridge the achievement gap between rich and poor (and between different ethnic groups) is the so-called “No Child Left Behind Act” (NCLB, 20 U.S.C. Sections 6301, et seq.).  Under the NCLB, core subjects must be taught by “highly qualified” teachers.  Individual states are free to adopt innovative certification programs to assure that level of competence in the classroom.