November 15, 2017

New California Law Adds to List of Sex Offenses Affecting Teacher Credentialing and Employment

BY: A. Christopher Duran, Todd Goluba

California has taken an important step in protecting students from being subjected to sexual misconduct by teachers. Recently, the California legislature enacted AB 872, which makes all sex offenses that require registration as a sex offender now also result in the immediate suspension of a teacher’s credential. The bill amends Education Code Section 44010 to add Penal Code Section 288.2, which relates to the sending or delivering of sexual material to minors, and Penal Code Section 290(c), which lists the crimes for which a convicted person must register as a sex offender.

AB 872, which is effective January 1, 2018, will also require the Commission on Teacher Credentialing to deny or revoke a teacher’s credential and for a public school employer to deny employment or terminate classified employees for a conviction of any of the above crimes. In addition, certificated employees who are charged with any of the above crimes are now subject to the compulsory leave of absence provisions of Section 44940. The practical effect of the legislation will be to make it easier for public school employers to suspend and terminate such employees and keep them away from students who could potentially be harmed.

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Attorney Bio(s)

cduran

A. Christopher Duran

Senior Counsel

559-225-6700

cduran@aalrr.com

A. Christopher Duran is senior counsel in the Fresno office. Mr. Duran is an skilled litigator with over 16 years of experience representing both public and private sector clients in education law, labor and employment, and a variety of civil litigation matters. He practices primarily in the areas of employment discipline, unfair labor practice, and employment discrimination.

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tgoluba

Todd Goluba

Partner

925-227-9200

tgoluba@aalrr.com

Todd Goluba is a partner with AALRR’s Pleasanton office and heads the firm’s Northern California Education Law Practice Group. Mr. Goluba has over 22 years of experience in education law and serves as outside General Counsel to over 25 school districts, community college districts, and county offices of education throughout Northern and Central California. Mr. Goluba also specializes as a Chief Labor Negotiator for districts engaged in certificated and classified collective bargaining. In this role, he has guided districts through all phases of the negotiation process from at the table bargaining to impasse and fact-finding and has helped avert near strikes. He is skilled in both interest-based and traditional bargaining, with a demonstrated track record of developing enduring, collaborative, and mutually respectful relationships.

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