Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the Commission on Teacher Credentialing not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the commission to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would add state special schools to the above-described prohibitions regarding preventing mandatory reporting of, or expunging from an employees personnel file information on, egregious misconduct, and to the above-described requirement regarding disclosure of a report of an employees egregious misconduct. The bill would require a person applying for a certificated position at a school district, county office of education, charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school that the applicant has previously been an employee of, and would require school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the commission. The bill would require those local educational agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the Commission on Teacher Credentialing not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the commission to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would add state special schools to the above-described prohibitions regarding preventing mandatory reporting of, or expunging from an employees personnel file information on, egregious misconduct, and to the above-described requirement regarding disclosure of a report of an employees egregious misconduct. The bill would require a person applying for a certificated position at a school district, county office of education, charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school that the applicant has previously been an employee of, and would require school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the commission. The bill would require those local educational agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the Commission on Teacher Credentialing not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the commission to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would add state special schools to the above-described prohibitions regarding preventing mandatory reporting of, or expunging from an employees personnel file information on, egregious misconduct, and to the above-described requirement regarding disclosure of a report of an employees egregious misconduct. The bill would require any a person applying for a certificated position at a school district, county office of education, charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school that the applicant has previously been an employee of, and would require school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the commission. The bill would require those local educational agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the Commission on Teacher Credentialing not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the commission to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would add state special schools to the above-described prohibitions regarding preventing mandatory reporting of, or expunging from an employees personnel file information on, egregious misconduct, and to the above-described requirement regarding disclosure of a report of an employees egregious misconduct. The bill would require any person applying for a certificated position at a school district, county office of education, charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school that the applicant has previously been an employee of, and would require school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the commission. The bill would require those local educational agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the commission Commission on Teacher Credentialing not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the Commission on Teacher Credentialing commission to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would add state special schools to the above-described prohibitions regarding preventing mandatory reporting of, or expunging from an employees personnel file information on, egregious misconduct, and to the above-described requirement regarding disclosure of a report of an employees egregious misconduct. The bill would require any person applying for a certificated position at a school district, county office of education, or charter school charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, and charter school charter school, and state special school that the applicant has previously been an employee of, and would require a local educational agency school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agency agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. misconduct that were required to be reported to the commission. The bill would require a those local educational agency, agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, as defined. Existing law requires the superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential, to report any change in the employment status of the credentialholder to the commission not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy.

Existing law prohibits school districts, county offices of education, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employees personnel file, or entering in an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, or charter school that has made a report of an employees egregious misconduct to the Commission on Teacher Credentialing to disclose this fact to a school district, county office of education, or charter school considering an application for employment from the employee, upon inquiry.

This bill would require any person applying for a certificated position at a school district, county office of education, or charter school to provide that prospective employer with a complete list of every school district, county office of education, and charter school that the applicant has previously been an employee of, and would require a local educational agency considering an applicant for a certificated position to inquire with each local educational agency that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. The bill would require a local educational agency, when responding to an inquiry as whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information within its possession. To the extent the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2534

Author:(Flora and Alanis)

As Amended Ver:August 15, 2024

Majority vote

SUMMARY

Requires teachers applying for jobs at a new school district, county office of education (COE), charter school, or state special school to disclose where the applicant has previously been employed; and requires the school district, COE, charter school, or state special school to inquire with all previous employing agencies whether the applicant had credible complaints, investigations, or discipline for egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

Senate Amendments

Add coauthors.

COMMENTS

What does this bill do? Existing law requires schools to retain employment records pertaining to allegations of egregious misconduct. Existing law requires superintendents to notify the CTC when an employee has a change in employment status while an allegation of misconduct is pending. Existing law requires schools to release information that has been reported to the CTC, upon request, to other schools as part of their hiring process. This bill requires all employing schools to contact all previous employing schools of an applicant and requires the schools where the applicant previously was employed to release all employment records pertaining to allegations or investigations of egregious misconduct, that were required to be reported to the CTC.

What is egregious misconduct? Existing law prohibits school districts, COEs, and charter schools from expunging complaints or entering an agreement that would authorize expunging complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses; controlled substance offenses; and, child abuse and neglect offenses, as specified.

AB 215 (Buchanan), Chapter 55, Statutes of 2014 established the definition of egregious misconduct and the prohibition on expunging these records in response to the fact that some school districts historically had collective bargaining agreements that contained language requiring the removal of all complaints from an employee's personnel file, regardless of the nature, after a specified amount of time.

School districts must report teacher employment changes due to allegations of misconduct to the state. Under current law, the superintendent of an employing school district must report a change in employment status to the CTC no later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, resigns, is suspended or placed on administrative leave, retires, or is otherwise terminated. Among the information that must be reported for these individuals is an explanation of the allegation of misconduct, contact information for all persons who may have information relating to the alleged misconduct, and all documentation related to the case.

While the requirement for school districts to report teacher employment changes due to allegations of misconduct is intended to help protect students, not all school districts have access to this information.

According to the Author

"I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools."

Arguments in Support

The California Charter School Association states, "CCSA supports AB 2534 because it will strengthen the requirements around disclosure of prior misconduct by potential employees within the public school system. Existing law simply requires that prior employers disclose the fact that there was a report of egregious misconduct but does not require sharing of any copies of any of the information that was reported to the Commission on Teacher Credentialing. AB 2534 will ensure that charter schools considering an applicant for a position will be able to receive information about all credible complaints, substantiated investigations into, or discipline for egregious misconduct. Such serious misconduct should absolutely be disclosed, and charter public schools should be afforded this information to ensure that they do not hire such applicants for the protection of their public-school students."

Arguments in Opposition

None

FISCAL COMMENTS

According to the Senate Appropriations Committee, this bill could result in additional Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars per year, for LEAs to require applicants to provide certain employment history and also inquire with their previous school employers. There could also be additional costs for schools to respond to inquiries and provide employment information on the applicants related to egregious misconduct. These activities could be deemed to be a reimbursable state mandate.

VOTES:

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Flora, Hoover, McCarty

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

UPDATED

VERSION: August 15, 2024

CONSULTANT: Chelsea Kelley / ED. / (916) 319-2087 FN: 0004912

 THIRD READING  

Bill No: AB 2534

Author: Flora (R) and Alanis (R), et al.

Amended: 8/15/24 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/26/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 72-0, 5/22/24 - See last page for vote

SUBJECT: Certificated employees: disclosures: egregious misconduct

SOURCE: Author

DIGEST:

This bill requires teachers applying for jobs at new local educational agencies (LEAs) to disclose their previous employment history and requires the LEAs to inquire with all prior employers about any credible complaints, investigations, or disciplinary actions related to egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

ANALYSIS:

Existing law:

1. Defines egregious misconduct as immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified. (Education Code (EC) 44932)
2. Prohibits school districts, county offices of education (COEs), and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct to the CTC or any other state or federal agency. (EC 44939.5)
3. Prohibits school districts, COEs, and charter schools from expunging from an employee’s personnel file, or entering into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. States that this prohibition does not preclude removing, or entering into any agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. (EC 44939.5)
4. Requires a school district, COE, or charter school that has made a report of an employee’s egregious misconduct to the CTC to disclose this fact to a school district, COE, or charter school considering an application for employment from the employee, upon inquiry. (EC 44939.5)
5. States that any school employee who alleges that another school employee has engaged in egregious misconduct, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. (EC 44939.5)
6. Prohibits the dismissal of permanent employees except for one or more of the following causes:
   1. Immoral conduct, including, but not limited to, egregious misconduct;
   2. Unprofessional conduct;
   3. Commissioning, aiding or advocating the commission of acts of criminal syndicalism;
   4. Dishonesty;
   5. Unsatisfactory performance;
   6. Evident unfitness for service;
   7. Physical or mental condition unfitting him or her to instruct or associate with children;
   8. Persistent violation of or refusal to obey the school laws of the state by the State Board of Education (SBE) or by the local governing board employing him or her;
   9. Conviction of a felony or any crime involving moral turpitude;
   10. Advocating for or teaching communism with the intent of indoctrinating the mind of any pupil;
   11. Knowing membership by the employee in the Communist Party; or,
   12. Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children. (EC Section 44932)
7. Authorizes the governing board of any school district to immediately suspend a certificated employee, if it deems such action necessary, on charges of:
   1. Immoral conduct;
   2. Conviction of a felony or of any crime involving moral turpitude;
   3. Incompetency due to mental disability;
   4. Willful refusal to perform regular assignments without reasonable cause;
   5. With violation of teacher or inculcating Communism; or,
   6. With knowing membership by the employee in the Communist Party. (EC 44939)
8. Establishes jurisdiction for the committee of credentials (COC) to have jurisdiction to commence an initial review upon receipt of any of the following, among others:
   1. A statement from an employer notifying the CTC that, as a result of an allegation of misconduct, or while an allegation of misconduct is pending, a credential holder has been dismissed, non-reelected, suspended for more than 10 days, or placed pursuant to a final adverse employment action on unpaid administrative leave for more than 10 days, or has resigned or otherwise left employment.
      1. The employer shall provide the notice described in subparagraph (a) to the CTC not later than 30 days after the dismissal, nonreelection, suspension, placement on unpaid administrative leave, resignation, or departure from employment of the employee.
   2. A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credential holder. Results of an investigation by the COC shall not be considered for action by the Committee unless there is evidence presented to the COC in the form of a written or oral declaration under penalty of perjury that confirms the personal knowledge of the declarant regarding the acts alleged to constitute misconduct. (EC 44242.5)
9. Requires the superintendent of an employing school district to report a change in employment status to the CTC not later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending:
   1. Is dismissed or non-reelected;
   2. Resigns;
   3. Is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days;
   4. Retires;
   5. Is otherwise terminated by a decision not to employ or re-employ; or,
   6. Otherwise terminated by a decision not to employ or re-employ.
10. States that failure to make a report required constitutes unprofessional conduct. Requires the COC to investigate any superintendent who holds a credential but fails to file the reports required. States that where the CTC has information or belief that a report has not been made, a letter shall be sent to the responsible superintendent providing facts, detailing reporting responsibilities, and requesting a response. (California Code of Regulations, Title 5, Section 80303)

This bill:

1. Requires any person applying for a certificated position at a school district, COE, charter school, or state special school to provide that prospective employer with a complete list of every public school where the applicant has previously been employed.
2. Requires a school district, COE, charter school, or state special school considering an applicant for a certificated position to inquire with each public school employer that previously employed the applicant, as disclosed, as to whether the applicant, while previously employed by the public school employer, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC.
3. Requires a previous employing public school to provide the inquiring public school with a copy of all relevant information within its possession that was required to be reported to the CTC. 

Comments

1. Need for the bill. According to the author, “I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools.”
2. Egregious Misconduct. Existing law prohibits LEAs from expunging complaints or entering into agreements that would authorize the expunging of complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses, controlled substance offenses, and child abuse and neglect offenses, as specified.

AB 215 (Buchanan, Chapter 55, Statutes of 2014) established the definition of egregious misconduct and the prohibition on expunging these records. This legislation was enacted in response to historical practices in some school districts where collective bargaining agreements included provisions requiring the removal of all complaints from an employee's personnel file, regardless of the nature of the complaint, after a specified period. The prohibition was aimed at ensuring that records of serious offenses remain intact to safeguard students and maintain the integrity of the educational environment.

1. School districts must report teacher employment changes due to allegations of misconduct to the state. Under current law, the superintendent of an employing school district must report a change in employment status to the CTC no later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, resigns, is suspended or placed on administrative leave, retires, or is otherwise terminated. Among the information that must be reported for these individuals is an explanation of the allegation of misconduct, contact information for all persons who may have information relating to the alleged misconduct, and all documentation related to the case.

While the requirement for school districts to report teacher employment changes due to allegations of misconduct is intended to help protect students, not all school districts have access to this information.

1. Improving Student Safety. This bill seeks to bolster existing protections for students by ensuring that schools have access to comprehensive information about a teacher’s professional history, particularly any instances of serious misconduct. By preventing educators with a history of egregious behavior from being hired without full disclosure, the measure aims to enhance the safety and integrity of educational environments.

Staff notes the following with respect to the impacts of this bill:

• 1. Balancing Privacy and Safety: While the bill enhances transparency, it also raises concerns about balancing the privacy rights of teachers with the need for student safety. Ensuring that inquiries and disclosures are handled in a manner that respects confidentiality and due process rights is important to maintaining fairness and protecting the rights of all parties involved.
  2. Implementation: LEAs will need to establish procedures for collecting and verifying employment histories and for handling inquiries with previous employers. This may require additional administrative resources and training to ensure that the process is thorough and compliant with legal standards.
  3. Potential Impact on Hiring Practices: This bill could influence hiring practices by making it more difficult for individuals with past allegations of misconduct to secure school positions. While this enhances student safety, it may also result in longer hiring processes and potential challenges in filling teaching vacancies, as schools navigate the complexities of thoroughly vetting candidates.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, this bill could result in additional Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars per year, for LEAs to require applicants to provide certain employment history and also inquire with their previous school employers. There could also be additional costs for schools to respond to inquiries and provide employment information on the applicants related to egregious misconduct. These activities could be deemed to be a reimbursable state mandate.

SUPPORT: (Verified 8/16/24)

California Charter Schools Association

OPPOSITION: (Verified 8/16/24)

None received

ASSEMBLY FLOOR: 72-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

Prepared by: Ian Johnson / ED. / (916) 651-4105

8/19/24 10:55:448/19/24 10:55:44

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2534 (Flora) - Certificated employees: disclosures: egregious misconduct

Bill Summary:

This bill requires teachers applying for jobs at new local educational agencies (LEAs) to disclose their previous employment history and requires the LEAs to inquire with all prior employers about any credible complaints, investigations, or disciplinary actions related to egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

This bill could result in additional Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars per year, for LEAs to require applicants to provide certain employment history and also inquire with their previous school employers. There could also be additional costs for schools to respond to inquiries and provide employment information on the applicants related to egregious misconduct. These activities could be deemed to be a reimbursable state mandate.

Author Amendments:

Add Assembly Member Alanis as a joint author.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2534 (Flora) - Certificated employees: disclosures: egregious misconduct

Bill Summary:

This bill requires teachers applying for jobs at new local educational agencies (LEAs) to disclose their previous employment history and requires the LEAs to inquire with all prior employers about any credible complaints, investigations, or disciplinary actions related to egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

Fiscal Impact:

This bill could result in additional Proposition 98 General Fund costs, potentially in the hundreds of thousands of dollars per year, for LEAs to require applicants to provide certain employment history and also inquire with their previous school employers. There could also be additional costs for schools to respond to inquiries and provide employment information on the applicants related to egregious misconduct. These activities could be deemed to be a reimbursable state mandate.

Background:

Existing law defines egregious misconduct as immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified. The law prohibits school districts, county offices of education (COEs), and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct to the CTC or any other state or federal agency.

Existing law prohibits school districts, COEs, and charter schools from expunging from an employee’s personnel file, or entering into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. States that this prohibition does not preclude removing, or entering into any agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.

Existing law requires a school district, COE, or charter school that has made a report of an employee’s egregious misconduct to the CTC to disclose this fact to a school district, COE, or charter school considering an application for employment from the employee, upon inquiry.

Proposed Law:

This bill requires any person applying for a certificated position at a school district, COE, charter school, or state special school to provide that prospective employer with a complete list of every public school where the applicant has previously been employed.

This bill requires an LEA or state special school considering an applicant for a certificated position to inquire with each public school employer that previously employed the applicant, as disclosed, as to whether the applicant, while previously employed by the public school employer, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC.

This bill requires a previous employing public school to provide the inquiring public school with a copy of all relevant information within its possession that was required to be reported to the CTC. 

Related Legislation:

AB 810 (Friedman, 2024) requires the California Community Colleges and the California State University, and requests both the University of California and private postsecondary education institutions, to implement a policy of requiring a potential employee for an athletic position to disclose whether they have been the subject of a finding of sexual harassment. This bill is pending in this Committee.

AB 2708 (Wicks, 2022) would have prohibited, on or after January 1, 2023, an LEA from entering into, extending or renewing, a confidentiality agreement with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. This bill was held in the Assembly Education Committee.

Staff Comments:

Existing law prohibits LEAs from expunging complaints or entering into agreements that would authorize the expunging of complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses, controlled substance offenses, and child abuse and neglect offenses, as specified. According to the author, “I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools.”

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 2534 Hearing Date: June 26, 2024

Subject: Certificated employees: disclosures: egregious misconduct.

SUMMARY

This bill requires teachers applying for jobs at new local educational agencies (LEAs) to disclose their previous employment history and requires the LEAs to inquire with all prior employers about any credible complaints, investigations, or disciplinary actions related to egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

BACKGROUND

Existing law:

1. Defines egregious misconduct as immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified. (Education Code (EC) 44932)
2. Prohibits school districts, county offices of education (COEs), and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct to the CTC or any other state or federal agency. (EC 44939.5)
3. Prohibits school districts, COEs, and charter schools from expunging from an employee’s personnel file, or entering into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. States that this prohibition does not preclude removing, or entering into any agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. (EC 44939.5)
4. Requires a school district, COE, or charter school that has made a report of an employee’s egregious misconduct to the CTC to disclose this fact to a school district, COE, or charter school considering an application for employment from the employee, upon inquiry. (EC 44939.5)
5. States that any school employee who alleges that another school employee has engaged in egregious misconduct, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. (EC 44939.5)
6. Prohibits the dismissal of permanent employees except for one or more of the following causes:
   1. Immoral conduct, including, but not limited to, egregious misconduct.
   2. Unprofessional conduct;
   3. Commissioning, aiding or advocating the commission of acts of criminal syndicalism;
   4. Dishonesty;
   5. Unsatisfactory performance;
   6. Evident unfitness for service;
   7. Physical or mental condition unfitting him or her to instruct or associate with children;
   8. Persistent violation of or refusal to obey the school laws of the state by the State Board of Education (SBE) or by the local governing board employing him or her;
   9. Conviction of a felony or any crime involving moral turpitude;
   10. Advocating for or teaching communism with the intent of indoctrinating the mind of any pupil;
   11. Knowing membership by the employee in the Communist Party; or,
   12. Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children. (EC Section 44932)
7. Authorizes the governing board of any school district to immediately suspend a certificated employee, if it deems such action necessary, on charges of:
   1. Immoral conduct;
   2. Conviction of a felony or of any crime involving moral turpitude;
   3. Incompetency due to mental disability;
   4. Willful refusal to perform regular assignments without reasonable cause;
   5. With violation of teacher or inculcating Communism; or,
   6. With knowing membership by the employee in the Communist Party. (EC 44939)
8. Establishes jurisdiction for the committee of credentials (COC) to have jurisdiction to commence an initial review upon receipt of any of the following, among others:
   1. A statement from an employer notifying the CTC that, as a result of an allegation of misconduct, or while an allegation of misconduct is pending, a credential holder has been dismissed, non-reelected, suspended for more than 10 days, or placed pursuant to a final adverse employment action on unpaid administrative leave for more than 10 days, or has resigned or otherwise left employment.
      1. The employer shall provide the notice described in subparagraph (a) to the CTC not later than 30 days after the dismissal, nonreelection, suspension, placement on unpaid administrative leave, resignation, or departure from employment of the employee.
   2. A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credential holder. Results of an investigation by the COC shall not be considered for action by the Committee unless there is evidence presented to the COC in the form of a written or oral declaration under penalty of perjury that confirms the personal knowledge of the declarant regarding the acts alleged to constitute misconduct. (EC 44242.5)
9. Requires the superintendent of an employing school district to report a change in employment status to the CTC not later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending:
   1. Is dismissed or non-reelected;
   2. Resigns;
   3. Is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days;
   4. Retires;
   5. Is otherwise terminated by a decision not to employ or re-employ; or,
   6. Otherwise terminated by a decision not to employ or re-employ.
10. States that failure to make a report required constitutes unprofessional conduct. Requires the COC to investigate any superintendent who holds a credential but fails to file the reports required. States that where the CTC has information or belief that a report has not been made, a letter shall be sent to the responsible superintendent providing facts, detailing reporting responsibilities, and requesting a response. (California Code of Regulations, Title 5, Section 80303)

ANALYSIS

This bill:

1. Requires any person applying for a certificated position at a school district, COE, charter school, or state special school to provide that prospective employer with a complete list of every public school where the applicant has previously been employed.
2. Requires a school district, COE, charter school, or state special school considering an applicant for a certificated position to inquire with each public school employer that previously employed the applicant, as disclosed, as to whether the applicant, while previously employed by the public school employer, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC.
3. Requires a previous employing public school to provide the inquiring public school with a copy of all relevant information within its possession that was required to be reported to the CTC. 

STAFF COMMENTS

1. Need for the bill. According to the author, “I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools.”
2. Egregious Misconduct. Existing law prohibits LEAs from expunging complaints or entering into agreements that would authorize the expunging of complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses, controlled substance offenses, and child abuse and neglect offenses, as specified.

AB 215 (Buchanan, Chapter 55, Statutes of 2014) established the definition of egregious misconduct and the prohibition on expunging these records. This legislation was enacted in response to historical practices in some school districts where collective bargaining agreements included provisions requiring the removal of all complaints from an employee's personnel file, regardless of the nature of the complaint, after a specified period. The prohibition was aimed at ensuring that records of serious offenses remain intact to safeguard students and maintain the integrity of the educational environment.

1. School districts must report teacher employment changes due to allegations of misconduct to the state. Under current law, the superintendent of an employing school district must report a change in employment status to the CTC no later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, resigns, is suspended or placed on administrative leave, retires, or is otherwise terminated. Among the information that must be reported for these individuals is an explanation of the allegation of misconduct, contact information for all persons who may have information relating to the alleged misconduct, and all documentation related to the case.

While the requirement for school districts to report teacher employment changes due to allegations of misconduct is intended to help protect students, not all school districts have access to this information.

1. Improving Student Safety. This bill seeks to bolster existing protections for students by ensuring that schools have access to comprehensive information about a teacher’s professional history, particularly any instances of serious misconduct. By preventing educators with a history of egregious behavior from being hired without full disclosure, the measure aims to enhance the safety and integrity of educational environments.

Staff notes the following with respect to the impacts of this bill:

• 1. Balancing Privacy and Safety: While the bill enhances transparency, it also raises concerns about balancing the privacy rights of teachers with the need for student safety. Ensuring that inquiries and disclosures are handled in a manner that respects confidentiality and due process rights is important to maintaining fairness and protecting the rights of all parties involved.
  2. Implementation: LEAs will need to establish procedures for collecting and verifying employment histories and for handling inquiries with previous employers. This may require additional administrative resources and training to ensure that the process is thorough and compliant with legal standards.
  3. Potential Impact on Hiring Practices: This bill could influence hiring practices by making it more difficult for individuals with past allegations of misconduct to secure school positions. While this enhances student safety, it may also result in longer hiring processes and potential challenges in filling teaching vacancies, as schools navigate the complexities of thoroughly vetting candidates.

1. Prior legislation.

AB 2708 (Wicks, 2022) would have prohibited, on or after January 1, 2023, an LEA from entering into, extending or renewing, a confidentiality agreement with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. Further, the measure would have prohibited a LEA from providing a favorable recommendation for, or otherwise facilitating or promoting, the employment of an employee with another LEA who is under investigation for complaints of misconduct related to harassment or assault of a pupil, or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. This bill was held in the Assembly Education Committee.

SB 1456 (Morrell, 2018) would have established the Sexual Abuse-Free Education Act, which would have: (1) prohibited public and private school entities from hiring individuals who would have direct contact with children if they were previously convicted of child abuse or sexual misconduct with a child, (2) required applicants for school entity positions that would have direct contact with children to provide specified information about whether the applicant had ever been the subject of an investigation concerning child abuse or sexual misconduct with a child, and (3) required school entities to conduct reviews of the information provided by the applicants, including obtaining specified information from the current and each former employer. This bill was held in the Senate Judiciary Committee.

AB 709 (Morrell, 2020) would have established the Sexual Abuse-Free Education Act, which would have: (1) prohibited public and private school entities from hiring individuals who would have direct contact with children if they were previously convicted of child abuse or sexual misconduct with a child, (2) required applicants for school entity positions that would have direct contact with children to provide specified information about whether the applicant had ever been the subject of an investigation concerning child abuse or sexual misconduct with a child, and (3) required school entities to conduct reviews of the information provided by the applicants, including obtaining specified information from the current and each former employer. This bill was held in the Senate Education Committee.

SUPPORT

None received

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2534

Author:(Flora)

As Amended Ver:April 1, 2024

Majority vote

SUMMARY

Requires teachers applying for jobs at a new school district, county office of education (COE), charter school, or state special school to disclose where the applicant has previously been employed; and requires the school district, COE, charter school, or state special school to inquire with all previous employing agencies whether the applicant had credible complaints, investigations, or discipline for egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC).

Major Provisions

1. Requires any person applying for a certificated position at a school district, COE, charter school, or state special school to provide that prospective employer with a complete list of every public school where the applicant has previously been employed.
2. Requires a school district, COE, charter school, or state special school considering an applicant for a certificated position to inquire with each public school employer that previously employed the applicant, as disclosed, as to whether the applicant, while previously employed by the public school employer, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC.
3. Requires a previous employing public school to provide the inquiring public school with a copy of all relevant information within its possession that was required to be reported to the CTC.

COMMENTS

What does this bill do? Existing law requires schools to retain employment records pertaining to allegations of egregious misconduct. Existing law requires superintendents to notify the CTC when an employee has a change in employment status while an allegation of misconduct is pending. Existing law requires schools to release information that has been reported to the CTC, upon request, to other schools as part of their hiring process. This bill requires all employing schools to contact all previous employing schools of an applicant and requires the schools where the applicant previously was employed to release all employment records pertaining to allegations or investigations of egregious misconduct, that were required to be reported to the CTC.

What is egregious misconduct? Existing law prohibits school districts, COEs, and charter schools from expunging complaints or entering an agreement that would authorize expunging complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses; controlled substance offenses; and, child abuse and neglect offenses, as specified.

AB 215 (Buchanan) Chapter 55, Statutes of 2014 established the definition of egregious misconduct and the prohibition on expunging these records in response to the fact that some school districts historically had collective bargaining agreements that contained language requiring the removal of all complaints from an employee's personnel file, regardless of the nature, after a specified amount of time.

School districts must report teacher employment changes due to allegations of misconduct to the state. Under current law, the superintendent of an employing school district must report a change in employment status to the CTC no later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, resigns, is suspended or placed on administrative leave, retires, or is otherwise terminated. Among the information that must be reported for these individuals is an explanation of the allegation of misconduct, contact information for all persons who may have information relating to the alleged misconduct, and all documentation related to the case.

While the requirement for school districts to report teacher employment changes due to allegations of misconduct is intended to help protect students, not all school districts have access to this information.

According to the Author

"I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools."

Arguments in Support

None,

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Appropriations Committee:

Ongoing Proposition 98 General Fund costs, of an unknown amount though potentially in the hundreds of thousands of dollars per year, to schools hiring employees to require applicants to provide certain employment history and to then inquire with schools the applicant previously worked at. Additional ongoing costs to schools that receive inquiries and provide information to the hiring school.

Over 300,000 teachers work in California. If 2% of the state's teachers applied to another school and the school had to contact one previous employer to confirm the teachers were not the subject of certain claims of egregious misconduct, costs would be $170,000. This estimate assumes a 15-minute call and an hourly wage of $30 each for those making and receiving calls.

If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM EDUCATION: 6-0-0

YES: Muratsuchi, Addis, Alvarez, Bonta, Hoover, McCarty

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 1, 2024

CONSULTANT: Chelsea Kelley / ED. / (916) 319-2087 FN: 0003185

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2534

Author:(Flora) – As Amended Ver:April 1, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a person applying for a certificated position at a school to provide their prospective hiring school with a list of every school at which the applicant previously worked. The bill further requires the hiring school to inquire with schools the applicant listed as to whether the applicant was the subject of any credible complaints, substantiated investigations, or disciple for egregious misconduct that was required to be reported to the Commission on Teacher Credentialing (CTC). If so, the bill requires the school that reported the egregious misconduct to CTC to provide the information it reported to CTC to the hiring school.

FISCAL EFFECT:

Ongoing Proposition 98 General Fund costs, of an unknown amount though potentially in the hundreds of thousands of dollars per year, to schools hiring employees to require applicants to provide certain employment history and to then inquire with schools the applicant previously worked at. Additional ongoing costs to schools that receive inquiries and provide information to the hiring school.

Over 300,000 teachers work in California. If 2% of the state’s teachers applied to another school and the school had to contact one previous employer to confirm the teachers were not the subject of certain claims of egregious misconduct, costs would be $170,000. This estimate assumes a 15-minute call and an hourly wage of $30 each for those making and receiving calls.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Background. Current law establishes the definition of egregious misconduct as sex offenses, controlled substance offenses, and child abuse and neglect offenses. Current law prohibits schools from expunging these records and requires schools to retain employment records pertaining to allegations of egregious misconduct. In addition, current law requires a superintendent of schools to notify CTC when an employee has a change in employment status while an allegation of misconduct is pending and requires schools to release information that has been reported to CTC, upon request, to other schools as part of their hiring process.
2. Related Legislation. AB 810 (Friedman) requires the California Community Colleges and the California State University, and requests both the University of California and private postsecondary education institutions, to implement a policy of requiring a potential employee for an athletic position to disclose whether they have been the subject of a finding of sexual harassment. The bill also establishes a process for institutions to obtain from the former employers of an applicant for any academic, athletic, or administrative position information concerning any substantiated allegations of misconduct against the applicant. The bill is pending in the Senate Rules Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 2534 (

Author:Flora) – As Amended Ver:April 1, 2024

SUBJECT: Certificated employees: disclosures: egregious misconduct

SUMMARY: Requires teachers applying for jobs at a new school district, COE, charter school, or state special school to disclose where the applicant has previously been employed; and requires the school district, COE, charter school, or state special school to inquire with all previous employing agencies whether the applicant had credible complaints, investigations, or discipline for egregious misconduct that were required to be reported to the Commission on Teacher Credentialing (CTC). Specifically, this bill:

1. Requires any person applying for a certificated position at a school district, COE, charter school, or state special school to provide that prospective employer with a complete list of every public school where the applicant has previously been employed.
2. Requires a school district, COE, charter school, or state special school considering an applicant for a certificated position to inquire with each public school employer that previously employed the applicant, as disclosed, as to whether the applicant, while previously employed by the public school employer, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC.
3. Requires a previous employing public school to provide the inquiring public school with a copy of all relevant information within its possession that was required to be reported to the CTC. 

EXISTING LAW:

1. Defines egregious misconduct as immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified. (Education Code (EC) 44932)
2. Prohibits school districts, COEs, and charter schools from entering into an agreement that would prevent a mandatory report of egregious misconduct to the CTC or any other state or federal agency. (EC 44939.5)
3. Prohibits school districts, COEs, and charter schools from expunging from an employee’s personnel file, or entering into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. States that this prohibition does not preclude removing, or entering into any agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. (EC 44939.5)
4. Requires a school district, COE, or charter school that has made a report of an employee’s egregious misconduct to the CTC to disclose this fact to a school district, COE, or charter school considering an application for employment from the employee, upon inquiry. (EC 44939.5)
5. States that any school employee who alleges that another school employee has engaged in egregious misconduct, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. (EC 44939.5)
6. Prohibits the dismissal of permanent employees except for one or more of the following causes:
   1. Immoral conduct, including, but not limited to, egregious misconduct.
   2. Unprofessional conduct;
   3. Commissioning, aiding or advocating the commission of acts of criminal syndicalism;
   4. Dishonesty;
   5. Unsatisfactory performance;
   6. Evident unfitness for service;
   7. Physical or mental condition unfitting him or her to instruct or associate with children;
   8. Persistent violation of or refusal to obey the school laws of the state by the State Board of Education (SBE) or by the local governing board employing him or her;
   9. Conviction of a felony or any crime involving moral turpitude;
   10. Advocating for or teaching communism with the intent of indoctrinating the mind of any pupil;
   11. Knowing membership by the employee in the Communist Party; or,
   12. Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children. (EC Section 44932)
7. Authorizes the governing board of any school district to immediately suspend a certificated employee, if it deems such action necessary, on charges of:
   1. Immoral conduct;
   2. Conviction of a felony or of any crime involving moral turpitude;
   3. Incompetency due to mental disability;
   4. Willful refusal to perform regular assignments without reasonable cause;
   5. With violation of teacher or inculcating Communism; or,
   6. With knowing membership by the employee in the Communist Party. (EC 44939)
8. Establishes jurisdiction for the committee on credentials (COC) to have jurisdiction to commence an initial review upon receipt of any of the following, among others:
   1. A statement from an employer notifying the CTC that, as a result of an allegation of misconduct, or while an allegation of misconduct is pending, a credentialholder has been dismissed, nonreelected, suspended for more than 10 days, or placed pursuant to a final adverse employment action on unpaid administrative leave for more than 10 days, or has resigned or otherwise left employment.
      1. The employer shall provide the notice described in subparagraph (A) to the CTC not later than 30 days after the dismissal, nonreelection, suspension, placement on unpaid administrative leave, resignation, or departure from employment of the employee.
   2. A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credentialholder. Results of an investigation by the COC shall not be considered for action by the committee unless there is evidence presented to the COC in the form of a written or oral declaration under penalty of perjury that confirms the personal knowledge of the declarant regarding the acts alleged to constitute misconduct. (EC 44242.5)
9. Requires the superintendent of an employing school district to report a change in employment status to the CTC not later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending:
   1. Is dismissed or non-reelected;
   2. Resigns;
   3. Is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days;
   4. Retires; or
   5. Is otherwise terminated by a decision not to employ or re-employ; or
   6. “Otherwise terminated by a decision not to employ or re-employ.”
10. States that failure to make a report required constitutes unprofessional conduct. Requires the COC to investigate any superintendent who holds a credential but fails to file the reports required. States that where the CTC has information or belief that a report has not been made, a letter shall be sent to the responsible superintendent providing facts, detailing reporting responsibilities, and requesting a response. (California Code of Regulations, Title 5, Section 80303)

FISCAL EFFECT: Unknown

COMMENTS:

What does this bill do? Existing law requires schools to retain employment records pertaining to allegations of egregious misconduct. Existing law requires superintendents to notify the CTC when an employee has a change in employment status while an allegation of misconduct is pending. Existing law requires schools to release information that has been reported to the CTC, upon request, to other schools as part of their hiring process. This bill requires all employing schools to contact all previous employing schools of an applicant and requires the schools where the applicant previously was employed to release all employment records pertaining to allegations or investigations of egregious misconduct, that were required to be reported to the CTC.

Need for the bill. According to the author, “I believe this bill is good policy, plain and simple. We require transparency in so many areas of our state and local agencies and schools should be no different. This bill will provide extra safeguards and make sure that we hire the best people for our schools.”

What is egregious misconduct? Existing law prohibits school districts, COEs, and charter schools from expunging complaints or entering an agreement that would authorize expunging complaints of egregious misconduct from a personnel file. Egregious misconduct is defined as sex offenses; controlled substance offenses; and, child abuse and neglect offenses, as specified.

AB 215 (Buchanan), Chapter 55, Statutes of 2014 established the definition of egregious misconduct and the prohibition on expunging these records in response to the fact that some school districts historically had collective bargaining agreements that contained language requiring the removal of all complaints from an employee's personnel file, regardless of the nature, after a specified amount of time.

School districts must report teacher employment changes due to allegations of misconduct to the state. Under current law, the superintendent of an employing school district must report a change in employment status to the CTC no later than 30 days after the final employment action whenever a credential holder, working in a position requiring a credential, as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, resigns, is suspended or placed on administrative leave, retires, or is otherwise terminated. Among the information that must be reported for these individuals is an explanation of the allegation of misconduct, contact information for all persons who may have information relating to the alleged misconduct, and all documentation related to the case.

While the requirement for school districts to report teacher employment changes due to allegations of misconduct is intended to help protect students, not all school districts have access to this information.

Related legislation. AB 2708 (Wicks) of the 2021-22 Session would have prohibited, on or after January 1, 2023, a local educational agency, and any officer or employee of a local educational agency (LEA), from entering into, extending or renewing, a confidentiality agreement with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. Further the measure would have prohibited a local educational agency from providing a favorable recommendation for, or otherwise facilitating or promoting, the employment of an employee with another LEA who is under investigation for complaints of misconduct related to harassment or assault of a pupil, or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. This bill was held in the Assembly Education Committee.

AB 1456 (Morrell) of the 2017-18 Session would have established the Sexual Abuse-Free Education Act, which would have: (1) prohibited public and private school entities from hiring individuals who would have direct contact with children if they were previously convicted of child abuse or sexual misconduct with a child, (2) required applicants for school entity positions that would have direct contact with children to provide specified information about whether the applicant had ever been the subject of an investigation concerning child abuse or sexual misconduct with a child, and (3) required school entities to conduct reviews of the information provided by the applicants, including obtaining specified information from the current and each former employer. This bill was held in the Senate Judiciary Committee.

AB 709 (Morrell) of the 2019-20 Session would have established the Sexual Abuse-Free Education Act, which would have: (1) prohibited public and private school entities from hiring individuals who would have direct contact with children if they were previously convicted of child abuse or sexual misconduct with a child, (2) required applicants for school entity positions that would have direct contact with children to provide specified information about whether the applicant had ever been the subject of an investigation concerning child abuse or sexual misconduct with a child, and (3) required school entities to conduct reviews of the information provided by the applicants, including obtaining specified information from the current and each former employer. This bill was held in the Senate Education Committee.

AB 1452 (Hadley), Chapter 59, Statutes of 2015, prohibits school districts, COEs and charter schools from expunging from an employee's personnel file credible complaints of, substantiated investigations into, or discipline for, egregious misconduct.

AB 215 (Buchanan), Chapter 55, Statutes of 2014, makes various changes to the dismissal process for certificated employees and established the definition of egregious misconduct.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087