I have an administrative review set for September 2011, with the California Commission Teacher Credentialing Committee, of which they filed September 2010, 3 years+, after I had requested an administrative review (aka as an appeal), from a private admonition, as required, within the 30 days, per regulations.
The P.A. was recommended 2007, but would have been expunged, by the date of the appeal filing (2010), from my personnel record, had I never appealed it. (California Code of Education 44420-44440). I was unaware that the administrative hearing was allowed to be delayed that long by the agency.
What are my rights procedurally/statue limitations, and is there any legal assistance/pro bono, I am allowed, since I face possible denial of my rights?
Your facts raise the possibility of a number of sound procedural defenses which might be raised affirmatively to compel a result in your favor. But this procedural sequence is technical and complex and requires some careful legal judgments about the obligations of the TCC and the time limits intended by the statutory scheme. These complicated procedural issues cannot be accurately addressed here in this summary Q and A format. You need to consult with a skilled and experienced California licensing attorney. Possibly a consultation of an hour or so could equip you to continue handling the matter on your own -- I can't be certain of that in this limited context, but possibly.
Unfortunately, California law does not provide for counsel appointed without cost to you in administrative law cases. You have the right to counsel because you have a Constitutionally-protected property right in your teaching credential, but the State is not required to provide you one if you determine that you cannot afford to retain counsel. Is it possible that your teachers' union or a teachers' professional association would provide you with counsel, or assist you with attorneys' fees? I strongly recommend that you investigate that possibility. It is unlikely that you can obtain a pro bono lawyer at this stage of your matter or for this type of action except possibly through the teaching community.
I wish you success in this effort.
Scott Joseph HarrisAdministrative Law LawyerBeverly Hills, CA ·
You have outlined a complex set of facts, which will require more than a brief analysis to address the questions you have posed. You have raised questions of law that may be addressed both administratively (at the administrative hearing), as well as through possible action in Superior Court. Without more information, it would be difficult for any attorney to outline the best course of action for you.
You have the right to an attorney, but at your own expense. While there are pro bono attorneys that may be able to assist you, you may wish to consult an attorney who regularly practices in administrative law and professional license defense. Your license is fundamental right, and as a result, the Commission on Teacher Credentialing cannot take action against your license without the safeguards outlined in law.
An experienced attorney will be able to assist you in flushing out the proper evidence and defense, and will be able to determine how best to use the evidence (declarations) that weaken the case against you. In addition, an experienced attorney will be able to help address the procedural issues you have raised as well.
