State of California v. Superior Court

This case raises the question whether Education Code, section 44346, subdivision (a)(2) creates a mandatory duty under Government Code, section 815.6 on the part of governmental entities to deny a teaching credential to an applicant who has been convicted of a sex offense, making those entities liable to the students the teacher subsequently molests for negligently investigating his background. We conclude that while section 44346 clearly was designed to protect students from exposure to sex offenders, it does not confer a tort cause of action on molested students.

Background

Section 44346, subdivision (a)(2) provides:

In their complaints for money damages, plaintiffs/real parties in interest Ushana D. and Sheneka S. allege section 44346, subdivision (a)(2) placed on petitioner State of California (State) a mandatory duty to deny defendant Ernest Booker Brown a teaching credential because he had been convicted of a sex offense in Florida. They allege the commission negligently performed a background investigation on Brown who sexually abused Ushana between 1987 and 1989 and Sheneka between 1986 and 1989, and make similar allegations against real party in interest San…