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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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