BILL NUMBER: SB 1110	CHAPTERED  09/29/08

	CHAPTER  578
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  APRIL 21, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  APRIL 9, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Scott

                        JANUARY 18, 2008

   An act to add Sections 44423.5 and 44423.6 to the Education Code,
relating to teacher credentialing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1110, Scott. Teacher credentialing: revocation of credential.
   Existing law authorizes the Commission on Teacher Credentialing to
privately admonish or publicly reprove or to revoke or suspend the
credentials of a holder for, among other things, immoral or
unprofessional conduct, any cause that would have warranted the
denial of an application for or renewal of a credential, or evident
unfitness for service. The commission is required to revoke the
credential of a holder who is convicted of specified violent or
serious felonies or a sex offense, as defined, is found to be insane
before a federal court or a court in this or another state, or is
determined to be a sexual psychopath under specified laws.
   This bill would require the commission to suspend the credential
of a holder when it receives notice that another state has taken
final action to revoke a credential or license authorizing the holder
of the credential to perform any duty in the public schools of
another state. The suspension would not take effect until the
commission verifies that the underlying acts of misconduct in the
other state could result in a revocation of a credential in this
state. The suspension would remain in effect until the commission
takes final action on a recommendation of the Committee of
Credentials following the committee's review of the matter.
   The commission also would be required to revoke the credential of
a holder when it receives notice that the ability of the holder to
associate with minors has been limited as a term or condition of
probation or sentencing resulting from a criminal conviction in this
state, another state, or the United States, or the holder has been
ordered to surrender a credential or certification document as a term
or condition of probation or sentencing resulting from a criminal
conviction in this state, another state, or the United States, except
as specified. The person whose credential is so revoked would be
prohibited from applying for reinstatement of the credential until
the terms or conditions imposed by the conviction are lifted.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44423.5 is added to the Education Code, to
read:
   44423.5.  (a) The commission shall suspend the credential of a
holder when it receives notice that another state has taken final
action to revoke a credential or license authorizing the holder of
the credential to perform any duty in the public schools of another
state. The suspension shall not take effect until the commission
verifies by reviewing documents as set forth in paragraph (4) of
subdivision (d) of Section 44242.5 that the underlying acts of
misconduct in the other state could result in a revocation of a
credential in this state. The suspension shall remain in effect until
the commission takes final action on a recommendation of the
Committee of Credentials following a review in accordance with
Sections 44242.5, 44242.7, 44244, 44244.1, and 44245.
   (b) Nothing in this section is intended to require the commission
to revoke the credential of an individual whose credential has been
suspended pursuant to subdivision (a). The commission shall exercise
its independent judgment in making a decision in each case.
  SEC. 2.  Section 44423.6 is added to the Education Code, to read:
   44423.6.  (a) (1) The commission shall revoke the credential of a
holder when it receives notice that the ability of the holder of the
credential to associate with minors has been limited as a term or
condition of probation or sentencing resulting from a criminal
conviction in this state, another state, or the United States. The
limitation shall include, but is not limited to, a prohibition of
associating or contact with minors, or a prohibition of associating
with minors unless under supervision or in the presence of another
adult.
   (2) Paragraph (1) shall not apply to a conviction based solely on
violating an order as set forth in subdivision (a) of Section 273.6
of the Penal Code.
   (b) The commission shall revoke the credential of a holder upon
receipt of notice that the holder of the credential has been ordered
to surrender a credential or certification document as a term or
condition of probation or sentencing resulting from a criminal
conviction in this state, another state, or the United States. The
limitation shall include, but not be limited to, an order to
surrender or self revoke a credential authorizing service in a public
school.
   (c) A person whose credential is revoked pursuant to this section
shall not apply to the commission for reinstatement of the credential
pursuant to Section 11522 of the Government Code until the terms or
conditions imposed by the conviction, as described in subdivision (a)
or (b) of this section, are lifted.