Can full-time teachers open their own companies while teaching in public schools?

I was wondering that without violating the conflict of interest law. Can full-time public school teachers own a

side company such as an after-school academy, tutor academy, child care facility, or language school while

teaching in public schools?

Asked on December 24, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It would be a conflict of interest if the teacher used his or her position in the school or district to enrich him/herself in conjunction with his or her company. So the teacher could not refer students to his tutoring service; could not enter into contracts with his school or district to provide tutoring, etc., services; should not tutor his/her own students (since that could provide the appearance that the teacher effectively requires students to use his/her service to get better grades); etc. On the other hand, merely having a tutoring, etc. sevice is not a violation, so long as the teacher's school/distriction position does not come into play in any way.


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