Ed. Code, § 45123 · Article 1. Employment
Ed. Code, § 45123
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) No person shall be employed or retained in employment by a school district who has been convicted of any sex offense as defined in Section 44010. A plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this subdivision.
(b) No person shall be employed or retained in employment by a school district, who has been convicted of a controlled substance offense as defined in Section 44011.
(c) If, however, a conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter.
(d) The governing board of a school district may employ a person convicted of a controlled substance offense if the governing board of the school district determines, from the evidence presented, that the person has been rehabilitated for at least five years.
The governing board shall determine the type and manner of presentation of the evidence, and the determination of the governing board as to whether or not the person has been rehabilitated is final.
Notes and commentary — not statutory text
History
Amended by Stats. 1990, Ch. 596, Sec. 3.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=45123.
- Text hash
- sha256 04e2f79e611cdc0d2a70d7c6eb19f2d4f859e4c727c1cab17ef1b5a9895c1a72
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Ed. Code, § 45123. Each shows the citation as that text prints it.
Education Code
- Ed. Code, § 44009Printed as Sections 44836 and 45123
- Ed. Code, § 44010Printed as Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123
- Ed. Code, § 44011Printed as Sections 44346, 44425, 44436, 44836, and 45123
- Ed. Code, § 45103.5Printed as Sections 45122, 45123, 45124, 45125, 45125.5, and 45126
- Ed. Code, § 45267Printed as Sections 45123, 45124, 45160, 45198, 45199, 45201, and 45202
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.