Atwater Elementary School District v. California Department of General Services

*230 Opinion

Education Code section 44944, subdivision (a) 1 prohibits the introduction of evidence relating to matters occurring more than four years before a school district files a notice of intention to dismiss a teacher. It also bars the dismissal of a teacher for events occurring more than four years before the notice was filed. We conclude, however, that the four-year period in section 44944, subdivision (a) (section 44944(a)) is not absolute. Its bar may be evaluated in the context of equitable estoppel when the basis of equitable relief is established.

I. FACTS

Albert G. Truitt was a credentialed teacher employed by the Atwater Elementary School District (the district). On July 17, 2002, the district filed and served an “Accusation and Notice of Dismissal and Charges” (notice of intent or notice) pursuant to sections 44939 and 44944 and Government Code section 11503, alleging that Truitt had engaged in sexual misconduct with five students between 1992 and 1998. The district claimed that Truitt, who was also a track coach, befriended young boys, encouraged their participation in track and field, and used his position of trust to sexually abuse them. It alleged that on…

I dissent.

This case does not present an issue of whether disciplinary action may be taken against a teacher for sexual misconduct that occurred more than four years before an accusation of such misconduct was made. Rather, the question presented here is whether the action may be taken by a school district or only by the commission on teacher credentialing (hereafter Commission). I would respect the Legislature’s clear and unambiguously stated policy decision that such actions are to be taken only by the Commission.

*236 The Legislature has established two separate but interrelated systems for addressing misconduct by a credentialed teacher. The first grants school boards the authority to suspend or dismiss a teacher. (Ed. Code, § 44932 et seq.) The second authorizes the Commission to admonish a teacher, to publicly reprove a teacher, or to suspend or revoke a teacher’s credential. (Id., § 44242.5 et seq.)

The Legislature’s grant of authority to school boards to suspend or dismiss a teacher is limited to matters occurring within four years of the filing of a notice of charges. Education Code section 44944, subdivision (a)(5) so provides: “No testimony shall be given or evidence…