Discipline Process Overview
What is the Commission on Teacher Credentialing, Committee on Credentials and the Division of Professional Practices?
The Commission on Teacher Credentialing ensures excellence in education by establishing high standards for the preparation and licensing of public school educators. The Committee of Credentials is a disciplinary review committee created by statute and appointed by the Commission. The Committee evaluates the moral character and fitness of all persons who wish to teach or perform certified services in the public schools. The Committee reviews allegations of misconduct against credential holders and applicants. If the Committee finds that probable cause exists for adverse action against a credential holder or applicant, it recommends an appropriate adverse action to the Commission.
The Committee is comprised of seven members appointed by the Commission for two-year terms. Membership includes an elementary teacher, a secondary teacher, one school board member, a school administrator, and three public representatives. The Committee meets 4 days each month at the Commission's offices in Sacramento.
The Division of Professional Practices supports the disciplinary work of the Commission and the Committee of Credentials.
Who can the Commission investigate and how does the Commission find out about misconduct that may have been committed by an educator or an applicant?
- Official records from the Department of Justice, any law enforcement agency, any state or federal court, a California state agency, or another state agency.
- An affidavit signed by a person with personal knowledge of the alleged misconduct.
- A notification from an employer, usually a school district, that a credential holder, as a result of or while allegations of misconduct were pending, was:
- dismissed
- nonreelected
- suspended for more than ten days,
- placed pursuant to a final employment adverse action on unpaid administrative leave for more than 10 days, resigned, or otherwise left employment.
- A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credential holder.
- A notice from a school district, employer, public agency or testing administrator regarding failure to fulfill an employment contract, explicit recruitment of students as customers for the credential holder's business, report of false expenditure data on the conduct of an educational program, or subversion of any licensing examination.
- An application with a "yes" answer to a professional fitness question. Personal fitness questions are related to convictions, employment discipline, adverse actions or denials of any license and pending investigations by law enforcement agencies, licensing agencies, or employers.
The Commission may also begin an investigation if a credential holder fails to disclose a conviction, adverse action or denial of any license or pending investigation of any criminal allegation or pending investigation of any noncriminal allegation of misconduct by a governmental licensing agency.
Will the Commission automatically deny or revoke credentials for some offenses?
- who has been convicted of any sex offense defined under Education Code Section 44010
- who has been convicted of any narcotics offense defined under Education Code Section 44011
- who has been convicted of any crime listed in Education Code section 44424, or
- who has been found to be insane by a federal or state court
- who has been judicially determined to be a mentally disordered sex offender under the law.
What kind of disciplinary actions can the Commission take and what do they mean?
- Private admonition. A private admonition is a written warning to the credential holder that any repetition of such act or omission may result in denial, suspension, or revocation of the credential. At the time of the admonition, the credential holder's employer receives a copy of the admonition, otherwise the admonition remains confidential. The Commission and employers must expunge all records pertaining to the private admonition after three years, as long the offense does not reoccur.
- Public reproval. A public reproval is a public warning from the Commission that the conduct is not appropriate for a credential holder. Commission of the same or similar misconduct may result in a more serious adverse action.
- Suspension. Suspension is the temporary inactivation of a credential for a specified period. If a suspension is imposed, the credential holder may not work in a position requiring a credential during the period of the suspension.
- Revocation. Revocation is the termination of an individual's ability to work in a position requiring certification. Once effective, the revocation continues unless and until the Commission reinstates the person.
- Denial of an application.
Who is notified when an adverse action is imposed?
What does the Committee consider when it reviews an allegation of misconduct?
The burden of proof lies with the applicant to demonstrate documented evidence of rehabilitation. Examples of such rehabilitative evidence include:
- A recent, dated letter from the applicant describing rehabilitative efforts or changes made to prevent future problems
- Letters on official letterhead from professional counselors, instructors, employers, probation or parole officers, especially persons with knowledge of the alleged misconduct
- Letters from recognized recovery programs and/or counselors attesting to current sobriety and length of time of sobriety, if there is a history of alcohol or drug abuse
- Proof of community work, schooling, or other self-improvement efforts
- Certified court orders expunging the criminal record, such as a reduction from felony to misdemeanor, or certificate of rehabilitation and/or pardon
- Current mental status examination by a clinical psychologist, including psychological testing, if applicable
Which laws and regulations govern teacher discipline and misconduct?
If a credential is revoked, is it permanent?
Can a credential holder serve in another state if the Commission has imposed discipline?
For Certificated Personnel Under Investigation By The Commission
Should I hire a lawyer?
Should I provide letters of recommendation to the Committee?
Do I have due process?
The Commission sent me a letter asking for court documents and police records. What should I do?
Please include a copy of the Pre-sentencing Probation Report, if available.
When may I appear before the Committee on Credentials?
What do I have to disclose?
Criminal convictions for misdemeanors and felonies, including convictions that have been:
- dismissed pursuant to Penal Code section 1203.4, and
- disclosed to the Commission on previous applications.
Licensing agency inquiries and investigations, including all:
- inquiries made by the Commission and other licensing agencies, and
- adverse actions imposed by the Commission and other licensing agencies.
School employment separations due to allegations of misconduct, including all dismissals, non-reelections, retirements, resignations, and suspensions for more than ten days without pay.
You must disclose all relevant information on every application you submit to the Commission, even if you disclosed the same information on an earlier application.
You are required to disclose all criminal convictions (misdemeanors and felonies). A court order pursuant to Penal Code Section 1203.4(a) states that the order does not relieve the person of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office or for licensure by any state or local agency.
You must disclose a conviction no matter how much time has passed, even if the case has been dismissed pursuant to Penal Code Section 1203.4. A plea of nolo contendere (no contest) to a criminal charge results in a conviction which must be disclosed.
Warning: Failure to report a conviction or disciplinary action by a state licensing agency is considered falsification of your application and could lead to criminal prosecution, denial of your application, and/or adverse action on other credentials you currently hold.
Why is it taking so long to review my application?
How can I find out the status of my review?
What documents should I submit if I have been convicted of a crime?
- certified documents from the court, showing plea and sentencing
- arrest report from the law enforcement agency (usually a police or Sheriff's department) and,
- an explanation of the incident that lead to the arrest. Click to download an explanation form. [MS Word]
Filing a Complaint Against Certificated Personnel
My child's teacher is not a very good teacher, what should do?
How do I file a complaint?
The forms can be found on the Public Complaints page.
What happens if I file a complaint?
Can I get information about a complaint under investigation?
How long does an investigation take and when will I hear about the outcome?
Contracts
Can the Commission take disciplinary action against a credential holder who does not fulfill his or her contract?
What kind of action will the Commission take against a credential holder who abandons their contract?
Applicants
Does the Commission run a criminal history check on applicants?
The Commission sent me a letter asking for court documents and police records. What should I do?
Please include a copy of the Pre-sentencing Probation Report, if available.
What does the Commission consider when deciding whether to grant a credential to someone with a criminal history?
Fingerprinting and Criminal History Records
How do I challenge my FBI record?
How do I challenge my DOJ record?
For more information on character and identification clearance click here.
Researching A Teacher's Record Of Misconduct
How can I found out if a credential holder has been disciplined?
Revocation
How do I request that my credential or authorization be revoked?
Whenever the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing requests in writing that the credential held by him or her be revoked, the Commission shall revoke such credential.
Pursuant to Education Code Section 44423, a credential holder may request that one or more of his or her credentials be revoked. Keep in mind that a dependent credential must have a valid prerequisite credential. For example, the holder of a Multiple Subject Teaching Credential and a Learning Handicapped Specialist Instruction Credential may not request the revocation of the Multiple Subject Credential without also losing the Learning Handicapped Specialist Instruction Credential because the Learning Handicapped Specialist Instruction Credential can not stand alone.
It is also possible to request that one or more subjects or authorized fields be removed from a credential if the credential can stand alone without the subject or authorized field. For example, the holder of a Single Subject Teaching Credential with an authorized field of Social Science and supplementary authorizations in Introductory English, Drama, and Auto Mechanics may request revocation of any or all of the supplementary authorizations, but may not request revocation of the authorized field without losing the entire document. Standard Secondary Teaching Credentials with majors in Agricultural Science, Business Education, Dance, Health Science, Home Economics, Industrial Arts, Military Science, and Physical Education require one academic minor unless the word "Academic" was typed after the major; therefore, the academic minor can not be revoked without the entire document being revoked.
To request the revocation of one or more credentials or authorizations, the holder must submit a 41-4 application along with a completed form 41-RR. The 41-4 application should have “RR” listed on the top right of the first page on the “Route To” line. Self-revocation requests must come from the credential holder, not the employer, as we must have the holder’s signature that he or she is making the request. If the credential from which a subject or authorized field was removed was valid for life, the new document will be issued for a full term under current regulations as appropriate. The Commission is unable to initially issue credentials for a life term.
Educators requesting a self-revocation must have no misconduct pending before the Commission. If a claim of misconduct is pending the revocation request will be forwarded to the Division of Professional Practices.
Fee information:
- Self-revocation of an authorization – no fee required
- Self-revocation of an entire credential – no fee required
- Self-revocation of an authorization with a request to renew the credential (available for Clear documents within 1 year of the expiration date) – full fee required
Reinstatement
How do I request that my credential or authorization be reinstated after voluntary revocation?
After voluntary revocation of credential or a subject from a credential, an individual must submit an application, completed form 41-RR, and current fee for each document to be reinstated. The 41-4 application should have “RR” listed on the top right of the first page on the “Route To” line. If the individual has had all of his or her credentials revoked and more than 18 months have passed since they were ended, new fingerprints are required. The Livescan receipt must accompany the application requesting reinstatement. The Commission may reinstate a subject or authorized field to a life credential, but cannot reinstate a life credential if the entire credential was revoked. Such a credential will be reissued as a clear document. The Commission cannot include grades 13 and 14 on a reinstated credential because the Commission no longer has the authority to issue credentials with these grades, except on renewals.
Fee information:
- Reinstatement of a self-revoked authorization – full fee required
- Reinstatement of a self-revoked credential – full fee required