California Teachers Association v. State

Education Code section 44944, subdivision (e), provides that whenever a teacher exercises his or her constitutional right to request a hearing regarding a threatened suspension or dismissal, but ultimately does not prevail at the hearing, the teacher is required to pay to the state one-half the cost of the administrative law Judge. This cost is imposed in every case in which the teacher ultimately is suspended or dismissed, even if the teacher reasonably and in good faith has challenged the districts disciplinary action, and even if the teacher has prevailed on some of the districts charges. A teacher also is liable for this cost where the hearing results in a decision that the teacher should not be suspended or dismissed but where the favorable decision at the administrative hearing ultimately is reversed on judicial review.