44240. The commission shall appoint a Committee of Credentials,
consisting of seven persons for terms fixed by the commission but not
to exceed two years. The committee shall include:
(a) One member who shall be a full-time certified classroom
teacher in the public elementary schools with not less than five
years' classroom experience.
(b) One member who shall be a full-time certified classroom
teacher in the public secondary schools with not less than five years'
classroom experience.
(c) One member who shall be a certified administrative employee in
the public schools.
(d) One member who shall be a member of the governing board of any
school district. No person who is or has been employed in a
certificated position in the public schools within the preceding five
years shall be appointed as a school board member.
(e) Three members who shall be representatives of the public. No
person who is or has been employed in a certificated position in the
public schools or who is or has been a member of any governing board
of a school district or county board of education within the five
years next preceding date of appointment shall be appointed as a
public member.
The additional public members of the committee provided for in
this section as amended during the 1977-78 Regular Session, shall be
appointed by the commission as vacancies in the committee occur,
consistent with the requirements of professional representation.
Appointments to the Committee of Credentials shall reflect, to the
extent feasible, the ethnic and cultural diversity of California
public schools.
44241. Sections 44215, 44216, 44217, 44218, 44220, and 44221 are
applicable to the Committee of Credentials.
44242. The Committee of Credentials shall be under the direct
supervision of the commission.
44242.5. (a) Each allegation of an act or omission by an applicant
for, or holder of, a credential for which he or she may be subject to
an adverse action shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of, or while an allegation of misconduct is
pending, a credential holder has been dismissed, nonreelected,
suspended for more than 10 days, or placed pursuant to a final
adverse employment action on unpaid administrative leave for more
than 10 days, or has resigned or otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(4) A notice from an employer that a complaint was filed with the
school district alleging sexual misconduct by a credential holder.
Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is
evidence presented to the committee in the form of a written or oral
declaration under penalty of perjury that confirms the personal
knowledge of the declarant regarding the acts alleged to constitute
misconduct.
(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the
commission as to any conviction, adverse action on, or denial of, a
license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct by a
governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credential holder that his or
her fitness to hold a credential is under review. Upon commencement
of a formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credential holder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credential holder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credential holder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code, by filing an accusation or statement of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credential holder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credential holder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credential holder has applied for
employment in the district. The findings, for all purposes, shall
remain confidential and limited to school district personnel in a
direct supervisory capacity in relation to the person investigated.
Any person who otherwise releases findings received from the
committee or the commission, absent a verified release signed by the
person who is the subject of the investigation, shall be guilty of a
misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
44242.7. (a) Any allegation of an act or omission by the holder of
a credential, except for an allegation that involves sexual
misconduct with a minor or recurring conduct resulting in a pattern
of misconduct, shall be presented to the Committee of Credentials for
initial review within four years from the date of the alleged act or
omission, or within one year from the date the act or omission
should reasonably have been discovered.
(b) The commission shall adopt regulations specifying conduct that
is considered recurring conduct that results in a pattern of
misconduct as set forth in subdivision (a).
44243. (a) The commission may assign to the Committee of
Credentials administrative duties as it may see fit relating to
adverse actions concerning applicants and credential holders.
(b) The commission shall supervise the work of the committee and
shall provide statements of policy relative to committee operation
and procedures as it deems appropriate to do so.
44244. (a) At least 30 days prior to any formal review of the
Committee of Credentials at which the application of an applicant or
credential of a holder is to be considered, the committee shall
notify the applicant or holder of the specific allegations of
misconduct that make the application or credential subject to adverse
action. The notification shall be in ordinary and concise language
and set forth the acts or omissions charged and the statutes or rules
violated. Supplemental allegations of misconduct shall be sent to
the holder or applicant at least 30 days prior to the formal review.
The portions of the investigation of the original or supplemental
allegations that constitute the basis for the allegations shall be
open to inspection and copying by the holder or applicant and his or
her attorney. The statement of the allegations shall inform the
applicant or holder that the allegations, if true, are sufficient to
cause his or her application or credential to be subject to adverse
action.
(b) (1) The formal review shall be held no later than six months
after the commencement of the initial review as set forth in
subdivision (c) of Section 44242.5. The formal review shall determine
either that no adverse action shall be taken or that the allegations
are sufficient to cause his or her application or credential to be
subject to adverse action.
(2) All testimony before the committee shall be verified under
penalty of perjury by oath or affirmation. The chairperson of the
committee may administer the oath or affirmation. The chairperson may
designate staff to administer the oath or affirmation for statements
taken during the investigation of allegations of misconduct.
(c) Notwithstanding subdivision (b), the chairperson of the
commission may grant the committee an extension of time, not
exceeding six months, when the committee demonstrates that additional
time is necessary to complete its investigation or determination, as
described in subdivision (b).
(d) The recommendation of the committee shall be in writing and a
copy of the recommendation shall be delivered to the credentialholder
or applicant personally or sent to him or her by certified mail
within 14 days after the formal review, together with specific
information relative to any appeal rights to which the
credentialholder or applicant is entitled.
44244.1. (a) (1) A recommendation by the Committee of Credentials
to take an adverse action may be adopted by the commission without
further proceedings if, after service of notice of the committee
recommendation pursuant to Section 44244, the credential holder or
applicant fails to give notice of intent to request an administrative
hearing or if he or she gives notice of intent not to request an
administrative hearing within 30 days.
(2) For good cause shown, the commission may grant an additional
30 days for filing of a request for an administrative hearing.
(b) The commission shall make no disclosures concerning private
admonitions except as required by Section 44438.
44245. (a) Notwithstanding any other provisions of law, all
hearings and deliberations of the commission and Committee of
Credentials to consider an adverse action or a reinstatement or
reduction in penalty shall be closed sessions with only commission
members, committee members, staff members, the credential holder or
applicant whose application or credential is in issue, the counsel of
the credential holder or applicant, and any material witnesses in
attendance.
(b) All final actions taken pursuant to subdivision (a) shall be
made public.
(c) Notwithstanding subdivision (b), disclosure of private
admonitions shall be in accordance with Section 44438.
44246. When a hearing is held to deny, suspend, or revoke a
credential, the proceeding shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the commission shall have all the
powers granted therein.
44247. Any applicant for the renewal certification document who is
denied a renewal by the Committee of Credentials may request a
reevaluation of his application by the commission.
44248. (a) Any member of the commission, commission staff member,
member or staff member of the Committee of Credentials, State
Department of Education employee who releases or gives out
information received at a commission or committee meeting or hearing
or through the investigation of a certified employee without
authorization of the commission or committee, is guilty of a
misdemeanor.
(b) Any material witness or his or her representative who releases
or gives out information received at a commission or committee
meeting or hearing, or who releases or gives out information obtained
as a result of direct involvement in the investigation of a
certified employee, without authorization of the commission or
committee, is guilty of a misdemeanor unless this information was
known to the material witness or his or her representative prior to
that meeting, hearing, or investigation.
44240. The commission shall appoint a Committee of Credentials,
consisting of seven persons for terms fixed by the commission but not
to exceed two years. The committee shall include:
(a) One member who shall be a full-time certified classroom
teacher in the public elementary schools with not less than five
years' classroom experience.
(b) One member who shall be a full-time certified classroom
teacher in the public secondary schools with not less than five years'
classroom experience.
(c) One member who shall be a certified administrative employee in
the public schools.
(d) One member who shall be a member of the governing board of any
school district. No person who is or has been employed in a
certificated position in the public schools within the preceding five
years shall be appointed as a school board member.
(e) Three members who shall be representatives of the public. No
person who is or has been employed in a certificated position in the
public schools or who is or has been a member of any governing board
of a school district or county board of education within the five
years next preceding date of appointment shall be appointed as a
public member.
The additional public members of the committee provided for in
this section as amended during the 1977-78 Regular Session, shall be
appointed by the commission as vacancies in the committee occur,
consistent with the requirements of professional representation.
Appointments to the Committee of Credentials shall reflect, to the
extent feasible, the ethnic and cultural diversity of California
public schools.
44241. Sections 44215, 44216, 44217, 44218, 44220, and 44221 are
applicable to the Committee of Credentials.
44242. The Committee of Credentials shall be under the direct
supervision of the commission.
44242.5. (a) Each allegation of an act or omission by an applicant
for, or holder of, a credential for which he or she may be subject to
an adverse action shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of, or while an allegation of misconduct is
pending, a credential holder has been dismissed, nonreelected,
suspended for more than 10 days, or placed pursuant to a final
adverse employment action on unpaid administrative leave for more
than 10 days, or has resigned or otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(4) A notice from an employer that a complaint was filed with the
school district alleging sexual misconduct by a credential holder.
Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is
evidence presented to the committee in the form of a written or oral
declaration under penalty of perjury that confirms the personal
knowledge of the declarant regarding the acts alleged to constitute
misconduct.
(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the
commission as to any conviction, adverse action on, or denial of, a
license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct by a
governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credential holder that his or
her fitness to hold a credential is under review. Upon commencement
of a formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credential holder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credential holder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credential holder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code, by filing an accusation or statement of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credential holder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credential holder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credential holder has applied for
employment in the district. The findings, for all purposes, shall
remain confidential and limited to school district personnel in a
direct supervisory capacity in relation to the person investigated.
Any person who otherwise releases findings received from the
committee or the commission, absent a verified release signed by the
person who is the subject of the investigation, shall be guilty of a
misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
44242.7. (a) Any allegation of an act or omission by the holder of
a credential, except for an allegation that involves sexual
misconduct with a minor or recurring conduct resulting in a pattern
of misconduct, shall be presented to the Committee of Credentials for
initial review within four years from the date of the alleged act or
omission, or within one year from the date the act or omission
should reasonably have been discovered.
(b) The commission shall adopt regulations specifying conduct that
is considered recurring conduct that results in a pattern of
misconduct as set forth in subdivision (a).
44243. (a) The commission may assign to the Committee of
Credentials administrative duties as it may see fit relating to
adverse actions concerning applicants and credential holders.
(b) The commission shall supervise the work of the committee and
shall provide statements of policy relative to committee operation
and procedures as it deems appropriate to do so.
44244. (a) At least 30 days prior to any formal review of the
Committee of Credentials at which the application of an applicant or
credential of a holder is to be considered, the committee shall
notify the applicant or holder of the specific allegations of
misconduct that make the application or credential subject to adverse
action. The notification shall be in ordinary and concise language
and set forth the acts or omissions charged and the statutes or rules
violated. Supplemental allegations of misconduct shall be sent to
the holder or applicant at least 30 days prior to the formal review.
The portions of the investigation of the original or supplemental
allegations that constitute the basis for the allegations shall be
open to inspection and copying by the holder or applicant and his or
her attorney. The statement of the allegations shall inform the
applicant or holder that the allegations, if true, are sufficient to
cause his or her application or credential to be subject to adverse
action.
(b) (1) The formal review shall be held no later than six months
after the commencement of the initial review as set forth in
subdivision (c) of Section 44242.5. The formal review shall determine
either that no adverse action shall be taken or that the allegations
are sufficient to cause his or her application or credential to be
subject to adverse action.
(2) All testimony before the committee shall be verified under
penalty of perjury by oath or affirmation. The chairperson of the
committee may administer the oath or affirmation. The chairperson may
designate staff to administer the oath or affirmation for statements
taken during the investigation of allegations of misconduct.
(c) Notwithstanding subdivision (b), the chairperson of the
commission may grant the committee an extension of time, not
exceeding six months, when the committee demonstrates that additional
time is necessary to complete its investigation or determination, as
described in subdivision (b).
(d) The recommendation of the committee shall be in writing and a
copy of the recommendation shall be delivered to the credentialholder
or applicant personally or sent to him or her by certified mail
within 14 days after the formal review, together with specific
information relative to any appeal rights to which the
credentialholder or applicant is entitled.
44244.1. (a) (1) A recommendation by the Committee of Credentials
to take an adverse action may be adopted by the commission without
further proceedings if, after service of notice of the committee
recommendation pursuant to Section 44244, the credential holder or
applicant fails to give notice of intent to request an administrative
hearing or if he or she gives notice of intent not to request an
administrative hearing within 30 days.
(2) For good cause shown, the commission may grant an additional
30 days for filing of a request for an administrative hearing.
(b) The commission shall make no disclosures concerning private
admonitions except as required by Section 44438.
44245. (a) Notwithstanding any other provisions of law, all
hearings and deliberations of the commission and Committee of
Credentials to consider an adverse action or a reinstatement or
reduction in penalty shall be closed sessions with only commission
members, committee members, staff members, the credential holder or
applicant whose application or credential is in issue, the counsel of
the credential holder or applicant, and any material witnesses in
attendance.
(b) All final actions taken pursuant to subdivision (a) shall be
made public.
(c) Notwithstanding subdivision (b), disclosure of private
admonitions shall be in accordance with Section 44438.
44246. When a hearing is held to deny, suspend, or revoke a
credential, the proceeding shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the commission shall have all the
powers granted therein.
44247. Any applicant for the renewal certification document who is
denied a renewal by the Committee of Credentials may request a
reevaluation of his application by the commission.
44248. (a) Any member of the commission, commission staff member,
member or staff member of the Committee of Credentials, State
Department of Education employee who releases or gives out
information received at a commission or committee meeting or hearing
or through the investigation of a certified employee without
authorization of the commission or committee, is guilty of a
misdemeanor.
(b) Any material witness or his or her representative who releases
or gives out information received at a commission or committee
meeting or hearing, or who releases or gives out information obtained
as a result of direct involvement in the investigation of a
certified employee, without authorization of the commission or
committee, is guilty of a misdemeanor unless this information was
known to the material witness or his or her representative prior to
that meeting, hearing, or investigation.
44240. The commission shall appoint a Committee of Credentials,
consisting of seven persons for terms fixed by the commission but not
to exceed two years. The committee shall include:
(a) One member who shall be a full-time certified classroom
teacher in the public elementary schools with not less than five
years' classroom experience.
(b) One member who shall be a full-time certified classroom
teacher in the public secondary schools with not less than five years'
classroom experience.
(c) One member who shall be a certified administrative employee in
the public schools.
(d) One member who shall be a member of the governing board of any
school district. No person who is or has been employed in a
certificated position in the public schools within the preceding five
years shall be appointed as a school board member.
(e) Three members who shall be representatives of the public. No
person who is or has been employed in a certificated position in the
public schools or who is or has been a member of any governing board
of a school district or county board of education within the five
years next preceding date of appointment shall be appointed as a
public member.
The additional public members of the committee provided for in
this section as amended during the 1977-78 Regular Session, shall be
appointed by the commission as vacancies in the committee occur,
consistent with the requirements of professional representation.
Appointments to the Committee of Credentials shall reflect, to the
extent feasible, the ethnic and cultural diversity of California
public schools.
44241. Sections 44215, 44216, 44217, 44218, 44220, and 44221 are
applicable to the Committee of Credentials.
44242. The Committee of Credentials shall be under the direct
supervision of the commission.
44242.5. (a) Each allegation of an act or omission by an applicant
for, or holder of, a credential for which he or she may be subject to
an adverse action shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of, or while an allegation of misconduct is
pending, a credential holder has been dismissed, nonreelected,
suspended for more than 10 days, or placed pursuant to a final
adverse employment action on unpaid administrative leave for more
than 10 days, or has resigned or otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(4) A notice from an employer that a complaint was filed with the
school district alleging sexual misconduct by a credential holder.
Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is
evidence presented to the committee in the form of a written or oral
declaration under penalty of perjury that confirms the personal
knowledge of the declarant regarding the acts alleged to constitute
misconduct.
(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the
commission as to any conviction, adverse action on, or denial of, a
license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct by a
governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credential holder that his or
her fitness to hold a credential is under review. Upon commencement
of a formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credential holder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credential holder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credential holder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code, by filing an accusation or statement of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credential holder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credential holder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credential holder has applied for
employment in the district. The findings, for all purposes, shall
remain confidential and limited to school district personnel in a
direct supervisory capacity in relation to the person investigated.
Any person who otherwise releases findings received from the
committee or the commission, absent a verified release signed by the
person who is the subject of the investigation, shall be guilty of a
misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
44242.7. (a) Any allegation of an act or omission by the holder of
a credential, except for an allegation that involves sexual
misconduct with a minor or recurring conduct resulting in a pattern
of misconduct, shall be presented to the Committee of Credentials for
initial review within four years from the date of the alleged act or
omission, or within one year from the date the act or omission
should reasonably have been discovered.
(b) The commission shall adopt regulations specifying conduct that
is considered recurring conduct that results in a pattern of
misconduct as set forth in subdivision (a).
44243. (a) The commission may assign to the Committee of
Credentials administrative duties as it may see fit relating to
adverse actions concerning applicants and credential holders.
(b) The commission shall supervise the work of the committee and
shall provide statements of policy relative to committee operation
and procedures as it deems appropriate to do so.
44244. (a) At least 30 days prior to any formal review of the
Committee of Credentials at which the application of an applicant or
credential of a holder is to be considered, the committee shall
notify the applicant or holder of the specific allegations of
misconduct that make the application or credential subject to adverse
action. The notification shall be in ordinary and concise language
and set forth the acts or omissions charged and the statutes or rules
violated. Supplemental allegations of misconduct shall be sent to
the holder or applicant at least 30 days prior to the formal review.
The portions of the investigation of the original or supplemental
allegations that constitute the basis for the allegations shall be
open to inspection and copying by the holder or applicant and his or
her attorney. The statement of the allegations shall inform the
applicant or holder that the allegations, if true, are sufficient to
cause his or her application or credential to be subject to adverse
action.
(b) (1) The formal review shall be held no later than six months
after the commencement of the initial review as set forth in
subdivision (c) of Section 44242.5. The formal review shall determine
either that no adverse action shall be taken or that the allegations
are sufficient to cause his or her application or credential to be
subject to adverse action.
(2) All testimony before the committee shall be verified under
penalty of perjury by oath or affirmation. The chairperson of the
committee may administer the oath or affirmation. The chairperson may
designate staff to administer the oath or affirmation for statements
taken during the investigation of allegations of misconduct.
(c) Notwithstanding subdivision (b), the chairperson of the
commission may grant the committee an extension of time, not
exceeding six months, when the committee demonstrates that additional
time is necessary to complete its investigation or determination, as
described in subdivision (b).
(d) The recommendation of the committee shall be in writing and a
copy of the recommendation shall be delivered to the credentialholder
or applicant personally or sent to him or her by certified mail
within 14 days after the formal review, together with specific
information relative to any appeal rights to which the
credentialholder or applicant is entitled.
44244.1. (a) (1) A recommendation by the Committee of Credentials
to take an adverse action may be adopted by the commission without
further proceedings if, after service of notice of the committee
recommendation pursuant to Section 44244, the credential holder or
applicant fails to give notice of intent to request an administrative
hearing or if he or she gives notice of intent not to request an
administrative hearing within 30 days.
(2) For good cause shown, the commission may grant an additional
30 days for filing of a request for an administrative hearing.
(b) The commission shall make no disclosures concerning private
admonitions except as required by Section 44438.
44245. (a) Notwithstanding any other provisions of law, all
hearings and deliberations of the commission and Committee of
Credentials to consider an adverse action or a reinstatement or
reduction in penalty shall be closed sessions with only commission
members, committee members, staff members, the credential holder or
applicant whose application or credential is in issue, the counsel of
the credential holder or applicant, and any material witnesses in
attendance.
(b) All final actions taken pursuant to subdivision (a) shall be
made public.
(c) Notwithstanding subdivision (b), disclosure of private
admonitions shall be in accordance with Section 44438.
44246. When a hearing is held to deny, suspend, or revoke a
credential, the proceeding shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the commission shall have all the
powers granted therein.
44247. Any applicant for the renewal certification document who is
denied a renewal by the Committee of Credentials may request a
reevaluation of his application by the commission.
44248. (a) Any member of the commission, commission staff member,
member or staff member of the Committee of Credentials, State
Department of Education employee who releases or gives out
information received at a commission or committee meeting or hearing
or through the investigation of a certified employee without
authorization of the commission or committee, is guilty of a
misdemeanor.
(b) Any material witness or his or her representative who releases
or gives out information received at a commission or committee
meeting or hearing, or who releases or gives out information obtained
as a result of direct involvement in the investigation of a
certified employee, without authorization of the commission or
committee, is guilty of a misdemeanor unless this information was
known to the material witness or his or her representative prior to
that meeting, hearing, or investigation.
