Van De Kamp, 053084 CAAGO, AGO 84-301

Docket Nº:AGO 84-301
Case Date:May 30, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 84-301
No. 84-301
California Attorney General Opinion
Office of the Attorney General State of California
May 30, 1984
         THE HONORABLE BILL LOCKYER, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following question:          Do Education Code sections 44427-44438 confer authority upon a county board of education to revoke the license to teach in that county of school teachers, administrators, and other certificated employees employed by the school districts of the county or by the county superintendent of schools?          CONCLUSION          Education Code sections 44427-44438 do not confer authority upon a county board of education to revoke the license to teach in that county of school teachers, administrators, and other certificated employees employed by the school districts of the county or by the county superintendent of schools.          ANALYSIS          Education Code section 444271 states: "County boards of education may revoke or suspend, for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of, and refusal to obey the laws regulating the duties of, teachers, the certificates granted by them." The charges "shall be presented to the board in writing and shall be verified under oath." (§ 44429.) The certificate holder is given notice of the charges (§ 44430), has the right to be represented by counsel (§ 44431), and is "given a fair and impartial hearing" (§ 44430). Certain specified acts are grounds for revocation or suspension by the county board. (§§ 44433, 44435-44437.)          The question presented for resolution is whether this statutory scheme authorizes a county board of education to revoke the license to teach in that county of school teachers, administrators, and other certificated employees employed by school districts of the county or by the county superintendent of schools. We conclude that it does not.          A superficial reading of these statutory provisions might lead one to the opposite conclusion. As quoted above, section 44427 appears to...

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