Where do I find the rules, laws, or policies that govern school districts internal investigations into teacher misconduct?

Asked almost 2 years ago - Canoga Park, CA

When a school district commences an investigation into teacher unprofessional conduct (nothing to do with child abuse or sex) there is usually a first conference when the the teacher is told of the reasons the investigation began, and of the intent to discipline due to the findings. Is the district responsible for accurately presenting the true facts relative to why the investigation began. If they dont disclose the whole truth of the reason, is this an ethical matter, or are there guidelines that must be followed? Who makes these guidelines and how are they enforced? Is ethics an enforceable factor? Where would the policies be found and what laws dictate the way in which schools should proceed?

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your premises are not entirely accurate. These events may happen as you describe, but not necessarily so. In fact, the district can commence an investigation without notice or explanation to the teacher. The laws pertaining to teacher conduct standards and procedures for misconduct hearings are mainly set forth in the state Education Code, also some provisions in the CA Code of Regulations, case law (see e.g., Stull) and specific provisions of the applicable collective bargaining agreements.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. James Victor Kosnett

    Pro

    Contributor Level 8

    Answered . Are you a teacher seeking to protect yourself? Or a parent seeking to have a teacher disciplined?

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