Broney

Rejecting statutory terms, such as “immorality,” “unprofessional conduct,” or “moral turpitude” as overly broad to use as grounds for discipline of public school teachers, the California Supreme Court has created its own seven-part test to assess whether a misbehaving teacher is fit to teach. (Morrison v. State Board of Education (1969) 1 Cal.3d 214, 224-225 [ 82 Cal.Rptr. 175 , 461 P.2d 375 ] (Morrison).) We must apply that test here.

Plaintiff Shirley Marie Broney is an elementary school teacher. Between 1987 and 2002, she was convicted of three drunken driving offenses. Defendant California Commission on Teacher Credentialing (the Commission) took note, held a hearing, found plaintiff was unfit to teach, and suspended her teaching credential for 60 days. It stayed that suspension subject to plaintiff successfully completing a three-year probation.

Plaintiff petitioned for extraordinary relief from the Commission’s decision, but the trial court denied her petition. It found her latest conviction rendered her unfit to teach per se. It also determined upon weighing the evidence under the Morrison test that the Commission’s discipline was not arbitrary or…