Legal Resources | Title 5 | T5 80332
Professional Candor and Honesty in Letters or Memoranda of Employment Recommendation.
(a) A certificated person shall not write or sign any letter or memorandum which intentionally omits significant facts, or which states as facts matters which the writer does not know of his/her own knowledge to be true relating to the professional qualifications or personal fitness to perform certificated services of any person whom the writer knows will use the letter or memorandum to obtain professional employment nor shall he/she agree to provide a positive letter of recommendation which misrepresents facts as a condition of resignation or for withdrawing action against the employing agency.
(b) This rule has no application to statements identified in the letter or memorandum as personal opinions of the writer but does apply to unqualified statements as fact that which the writer does not know to be true or to statements as fact that which the writer knows to be untrue.
Authority cited:
Education Code 44225(b)
Education Code 44339
Reference:
Education Code 44345
Education Code 44420
Education Code 44421
(Amended by Register 95, No. 9.)