The California Commission on Teacher Credentialing delegates the role of investigating California teacher misconduct and potentially resolving California teacher disciplinary actions to its Committee of Credentials. The Committee of Credentials, or COC, gives credentialed educators an early opportunity to respond to reports of misconduct by sending a Receipt of Information letter. If the information gathered in this initial step supports further investigation and possible discipline or the denial of an application, the Committee of Credentials schedules a Formal Review. The Formal Review is an opportunity for a credential applicant, teacher or other certificated individual, such as a school nurse, school counselor or principal, to appear via telephone or in person to answer questions from the Committee of Credentials. Additional supportive statements and documents can also be submitted to the Committee for its consideration prior to a submission deadline.

Formal Review is the process whereby the Committee of Credentials of the California Commission on Teacher Credentialing determines if the information gathered by the Committee constitutes probable cause for adverse action against a credential holder or credential applicant. More importantly, Formal Review results in a recommendation to the CTC to either close the matter with no action, or to discipline the credential holder or applicant by revocation, suspension, denial, public reproval or private admonishment.

Once a credential holder or applicant receives a letter from the Committee of Credentials with the result of the Formal Review, the credential holder or applicant has options. One option is to take no action, in which case any disciplinary action recommended by the Committee of Credentials advances to the California Commission on Teacher Credentialing for final adoption. If a teacher or applicant disagrees with the recommendation, the teacher or applicant can request an administrative hearing before an administrative law judge, and/or petition the Committee of Credentials to reconsider its recommendation.

In essence, accepting the recommendation of the Committee of Credentials settles the CTC disciplinary matter without proceeding to a formal hearing before an administrative law judge. There are advantages and disadvantages to accepting the COC’s recommendation. The main disadvantage is that the misconduct allegations have not received a full and fair hearing, subject to the review of an administrative law judge with testimony from witnesses and a review of all the evidence. However, an advantage in accepting the COC recommendation is that the matter can be expeditiously and economically resolved. At times, the discipline recommended by the COC may be more benign than the outcome after an administrative hearing.

At Ray & Bishop, PLC, we defend teachers and other credential holders before the Committee of Credentials. We understand that for CTC credential holders or applicants facing Formal Review, the Formal Review before the Committee of Credentials may be a critical opportunity to get the best possible outcome from their CTC disciplinary investigation. If you have received a letter from CTC investigating allegations, or have received a Notice of Formal Review, contact our experienced team at Ray & Bishop, PLC.