Section 45123 Of Article 1. Employment From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 1.
45123
. (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.