topleft CSBA.org >  Services >  Governance Technology > 

Legal Resources | Education Code |  EC  44424  

Conviction of certain Penal Code Sections ground for revocation   

arrow Previous bar Next arrow

(a) Upon the conviction of the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing of a violation, or attempted violation, of a violent or serious felony as described in Section 44346.1, or any one or more of Penal Code Sections 187 to 191, inclusive, 192 insofar as this section relates to voluntary manslaughter, 193, 194 to 217.1, inclusive, 220, 222, 244, 245, 261 to 267, inclusive, 273a, 273ab, 273d, 273f, 273g, 278, 285 to 288a, inclusive, 424, 425, 484 to 488, inclusive, insofar as these sections relate to felony convictions, 503 and 504, or of any offense involving lewd and lascivious conduct under Section 272 of the Penal Code, or any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the offenses specified in this section, becoming final, the commission shall forthwith revoke the credential.

(b) Upon a plea of nolo contendere as a misdemeanor to one or more of the crimes set forth in subdivision (a), all credentials held by the respondent shall be suspended until a final disposition regarding those credentials is made by the commission. Any action that the commission is permitted to take following a conviction may be taken after the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.

(c) The commission shall revoke a credential issued to a person whose employment has been denied or terminated pursuant to Section 44830.1.

(d) Notwithstanding subdivision (a), a credential shall not be revoked solely on the basis that the applicant or holder has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.

(Amended by Stats. 2000, Ch. 135, Sec. 44.)

Reference:

Education Code 44346.1

Education Code 44830.1

Penal Code 187

Penal Code 191

Penal Code 192

Penal Code 193

Penal Code 194-217.1

Penal Code 220

Penal Code 222

Penal Code 244

Penal Code 245

Penal Code 261-267

Penal Code 272

Penal Code 273a

Penal Code 273ab

Penal Code 273d

Penal Code 273f

Penal Code 273f

Penal Code 273g

Penal Code 278

Penal Code 285-288a

Penal Code 424

Penal Code 425

Penal Code 484-488

Penal Code 503

Penal Code 504

Penal Code 1203.4

Penal Code 4852.01