The second-largest metropolitan area in the United States, the Los Angeles area is home to dozens of school districts. This includes the Los Angeles Unified School District, the largest public school district in California.
Teachers in the LA area have to meet some of the country’s toughest requirements to get their teaching credentials. The California Commission on Teacher Credentialing (CTC) not only issues credentials for the Golden State but the commission also handles all allegations of educator misconduct.
The CTC also maintains a database of all disciplinary action taken against teachers. In other words, teachers in California who face disciplinary action also have that action made part of the public record, which can make it more difficult to find future employment.
You’ve worked hard to become a teacher. Don’t let accusations of misconduct derail your career. Before self-reporting, contact the Professional License Defense Team at the LLF National Law Firm. We can help you understand the pros and cons of your situation and the best option for you. Call us at 888-535-3686 or fill out our online form.
The Los Angeles-Long Beach Metropolitan Area
The Los Angeles-Long Beach metropolitan area is home to over 12 million people. Over 20 percent of its residents are school-aged children, and the region is home to dozens of schools. In addition to LAUSD and Long Beach Unified, dozens of school districts cover the area. Other notable school districts in the area include:
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Burbank
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Glendale
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Inglewood
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La Cañada
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Pasadena
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Pomona
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Santa Monica-Malibu
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Torrance
California requires that everyone who teaches in public schools in the state be certified by the CTC.
Why Los Angeles Teachers May Be Disciplined
The CTC has considerable power in disciplining teachers and applicants for a range of offenses. Some of the common grounds for disciplinary action include:
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Failing to fulfill contract requirements
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Substance abuse
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Abusing students
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Sexual misconduct
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Falsifying records
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Disclosing confidential information
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Criminal convictions
Certain offenses can result in an automatic revocation of a teaching license. These include:
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Convictions related to a sexual offense
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Convictions related to narcotics
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Convictions for any crime listed in Education Code 44424
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A federal or state court finding an individual insane
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A federal or state court finding an individual to be a mentally disordered sex offender
Divisions of the CTC
The CTC has two offices that oversee disciplinary issues. The Committee of Credentials (COC) and the Division of Licensure Enforcement have different responsibilities, but work together to investigate accusations of misconduct and discipline teachers.
The COC is a disciplinary review committee. The Committee’s responsibilities include:
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Evaluating the moral character and fitness of all applicants
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Reviewing allegations of misconduct against both credentialed educators and applicants
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Recommending appropriate disciplinary action to the CTC
The Division of Licensure Enforcement supports the disciplinary work of the CTC and the COC. The division investigates allegations of misconduct by both current educators and applicants.
The Division of Licensure Enforcement focuses on alleged misconduct and disciplinary action in support of the COC. The division investigates allegations of misconduct by both current educators and applicants.
The CTC and all of its divisions operate out of Sacramento. For Los Angeles area teachers, this means driving or flying to the state capitol if they choose to appear before the Committee of Credentials. While a physical appearance isn’t required, the Committee does send out a notice of when an educator will have an opportunity to appear.
Reporting Suspected Misconduct
In California, the Division of Licensure Enforcement investigates allegations of educator misconduct. This begins when the division receives a report of suspected misconduct.
The following individuals may report alleged teacher misconduct:
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Superintendents or school districts
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Charter schools
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Members of the public
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Self-reported misconduct
Each type of reporting has different requirements. Members of the public, for example, file a complaint while superintendents and school districts complete a notification form.
In addition to reports of alleged misconduct, the CTC may also begin an investigation if it receives information from other sources. Official records from the Department of Justice, law enforcement agencies, state or federal courts, California state agencies, or other public agencies can initiate an investigation.
CTC may start an investigation if an educator doesn’t disclose:
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Any convictions
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Adverse actions
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Denial of any license
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Investigations of any criminal allegation
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A government licensing agency investigating noncriminal allegations of misconduct
Probable Cause and Disciplinary Action
The short summary of misconduct allegations against teachers is that an investigation only needs to find probable cause that the alleged claims against an educator are true to open an investigation. The COC will review the allegations and make a recommendation to the CTC for disciplinary action against an educator. The CTC will then vote on whether to pursue the recommended disciplinary action.
Understanding the process more in-depth, however, can provide teachers with the knowledge they need to make informed decisions about how to proceed when accused of misconduct.
The Process for Investigating Suspected Misconduct
The CTC has a specific set of procedures it follows after it receives a misconduct complaint about a credentialed teacher. Educators should be aware that they have rights, including due process. All individuals have a right to respond to the allegations against them, including appearing before the COC if their case has a formal review.
Los Angeles-Long Beach teachers will face the following process after being accused of misconduct:
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The initial review determines the validity of the complaint or initial report.
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If a complaint or report falls under the CTC’s umbrella, next comes the preliminary investigation. This step can include collecting documents relevant to the alleged misconduct, including reports and other information from courts or law enforcement.
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If the initial review finds some evidence of misconduct, the CTC will send a letter of inquiry to the teacher. This begins the formal disciplinary process against an educator. Letters of inquiry should include:
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Notice of the misconduct allegations
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Reasons for the investigation
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An educator’s rights throughout the process
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A request for information on the alleged misconduct
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A deadline to respond, which is generally 30 days
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The next step is a review of collected information, including anything supplied by the teacher. Investigations may be dropped at this point or sent along for a formal review.
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Similar to a hearing, if an investigation has found evidence of the accusations, the COC will next conduct a formal review. Similar to a court case, the review allows teachers to present witnesses and defend against the allegations. Teachers aren’t required to be present during a formal review, and they can have legal counsel present.
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Teachers should plan to attend a formal review with their attorney. This is a prime opportunity to defend against the accusations and present evidence. The Professional License Defense Team at the LLF National Law Firm works with our clients to build strong, evidence-backed cases.
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After the formal review, the COC will make a recommendation about what disciplinary action, if any, to take against a teacher. They will send their recommendation to the CTC, which will make the final decision as to whether or not to discipline a teacher.
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If the COC recommends an adverse action against an educator, they can request an administrative hearing. These hearings provide an additional opportunity to present your case to the CTC and defend against the allegations against you.
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Teachers also have the right to appeal any decision to the CTC.
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Allegations don’t have to be 100 percent proven for the CTC to take disciplinary action against a teacher. That’s one reason why it’s so important that teachers are proactive through the process and take every advantage to defend against the allegations. The Professional License Defense Team at the LLF National Law Firm helps our clients navigate the process and understand their options.
Types of Disciplinary Action
The CTC has the power to take disciplinary action against both educators and applicants, up to and including preventing both current educators and applicants from having the credentials necessary to teach in public schools.
The CTC can take the following disciplinary action against educators and applicants:
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Deny an application
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Private admonition, which is a written warning that repeating their misconduct could lead to more serious disciplinary action in the future. Private admonitions are confidential, except that an educator’s employee will receive a copy. After three years, if the educator does not have additional misconduct issues, the CTC must expunge all records related to the private admonition.
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Public reproval is similar to a private admonition except it isn’t confidential. It’s a public warning that an educator engaged in inappropriate conduct. If an educator repeats similar conduct, they may face more severe disciplinary action.
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Suspension is a temporary restriction on an educator’s ability to work in the profession. When the CTC suspends a teacher, it will be for a specific period of time, and teachers cannot work in any position that requires a teaching credential for the duration of the suspension.
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Revocation is the most serious disciplinary action. With revocation, a teacher loses their teaching credential. Revocation isn’t always permanent, however, and some individuals may be able to petition for a reinstatement.
Whether a teacher can work in another state after losing their California teaching credential depends on the rules and regulations of that state. If applying to work in another state, however, teachers should make sure they follow all rules about disclosing any disciplinary action.
Defending against allegations can result not only in charges being dropped but also in less severe disciplinary action. The Professional License Defense Team at the LLF National Law Firm works with our clients to build strong defenses that can protect their ability to teach in Los Angeles and California.
Reinstatement
If the Commission revokes its license, educators may apply for reinstatement one year after the revocation went into effect. The CTC will review requests for reinstatement.
Considerations During Misconduct Investigations
When reviewing or investigating allegations of misconduct against teachers, the CTC should consider the nature and severity of the offense, how the offense relates to teaching, when the acts or crimes occurred, the teacher or applicant’s compliance with court sanctions, and any evidence of rehabilitation.
For applicants who have incidents in their lives that may affect their ability to become a teacher, they have the burden of proof to show that these incidents have no bearing on their fitness to be a teacher. Applicants will want to show evidence of rehabilitation, such as:
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A recent, dated letter from the applicant describing rehabilitative efforts or changes made to prevent reoccurrences.
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Letters on official letterheads from persons with knowledge of the alleged misconduct, such as professional counselors, instructors, employers, probation or parole officers.
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If an applicant has a history of drug or alcohol abuse, letters from recognized recovery programs and/or counselors attesting to the applicant’s current sobriety and how long they’ve been sober.
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Proof of self-improvement efforts, such as involvement in their community.
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For individuals with criminal records, certified court orders expunging the criminal record or certificates of rehabilitation and/or pardon.
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If an applicant has a history of mental health issues, a report on their current health from a clinical psychologist is required.
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For teachers looking to reinstate their license, these suggestions can serve as a starting point for building a case for their fitness and ability to return to teaching.
For both applicants and current educators, the Professional License Defense Team at the LLF National Law Firm works with our clients to determine what information they should provide to show they have the qualifications necessary to teach in California and the Los Angeles-Long Beach Area.
Protect Your Career
If you’re a teacher in the Los Angeles area, you’ve worked hard to become a credentialed educator. Accusations of misconduct can derail your years of effort.
Navigating the process can be challenging. It can be overwhelming to know the best way to respond when your career is on the line.
The Professional License Defense Team at the LLF National Law Firm assists our clients throughout this process. We help them build evidence-based cases and determine the best way to respond given their specific situation. Call us at 888-535-3686 or fill out our online form.