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HomeEducation CodeDiv. 3Pt. 25Ch. 4Art. 2§ 44836 School Employee Sex Offense Ban

§ 44836 School Employee Sex Offense Ban

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 44836 School Employee Sex Offense Ban

Key Takeaways

  • •Schools cannot hire or keep people who have been convicted of a sex crime.
  • •If someone's sex crime conviction is reversed or dismissed (except in certain cases involving minors), they can be hired by a school.
  • •Schools also cannot hire or keep people who have been convicted of a drug crime.
  • •If someone's drug crime conviction is reversed or dismissed, they can be hired by a school.
  • •Even with a drug crime conviction, a school can still hire someone if they have the right teaching credential.

Example

A person was convicted of selling drugs but later proved innocent in a new trial.

Since their conviction was reversed, the school can now hire them as a teacher if they want.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 44836 School Employee Sex Offense Ban

(a) (1) The governing board of a school district shall not employ or retain in employment persons in public school service who have been convicted, or who have been convicted following a plea of nolo contendere to charges, of any sex offense as defined in Section 44010. (2) If a person’s conviction of a sex offense as defined in Section 44010 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. If the dismissal was pursuant to Section 1203.4 of the Penal Code and the victim of the sex offense was a minor, this section does prohibit the person’s employment. (b) (1) The governing board of a school district also shall not employ or retain in employment persons in public school service who have been convicted of any controlled substance offense as defined in Section 44011. (2) If a person’s conviction for a controlled substance offense as defined in Section 44011 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. (c) Notwithstanding subdivision (b), the governing board of a school district may employ a person convicted of a controlled substance offense in a position requiring certification qualifications if that person holds an appropriate credential issued by the Commission on Teacher Credentialing. (Amended by Stats. 1998, Ch. 840, Sec. 8. Effective September 25, 1998.)

Last verified: January 23, 2026

Key Terms

employmentconvictionsubstancecommissionschooltrialteacheroffense

Related Statutes

  • § 33502 Educational Innovation Commission Members
  • § 33530 Instructional Quality Commission Composition
  • § 44920 Temporary Teacher Employment Rules
  • § 54422 Compensatory Education Program Priorities
  • § 88022 Community College Employment Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 44836.
View Official Source