AB 2365: Education-related positions: dismissals: egregious misconduct: employment prohibition: previous employment disclosures.

(1)Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including egregious misconduct, and prescribes specific procedures for dismissals and suspensions based solely on acts of egregious misconduct. Existing law authorizes a first- or 2nd-year probationary employee of a school district to be dismissed during the school year for unsatisfactory performance or for cause, pursuant to specified procedures. Existing law specifies that those provisions do not apply to a probationary employee in a school district having an average daily attendance of less than 250 pupils and instead authorizes their suspension or dismissal for cause, including for egregious misconduct, pursuant to separate procedures that are applicable to permanent employees of a school district. Existing law also prescribes various reporting requirements relating to egregious misconduct for both certificated and noncertificated employees. Existing law, for these purposes, defines egregious misconduct as specified sex offenses, controlled substance offenses, and acts subject to the Child Abuse and Neglect Reporting Act.

This bill would expand the definition of egregious misconduct for those purposes to include additional offenses, including, among other offenses, those relating to human trafficking, child abandonment and neglect, child abduction, impermissible contact or communication with a minor, certain assaults or batteries, and spousal abuse, as specified, and the failure to comply with a specified previous employment disclosure requirement. The bill would prohibit a certificated person who is dismissed for egregious misconduct misconduct, and has had a final adverse action taken against their credential by the Commission on Teacher Credentialing for that egregious misconduct, from being employed in any education-related position by any state agency, the California State University, the University of California, any local agency, or any local educational agency, as provided.

(2)Existing law requires a person applying for a certificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school to provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school or diagnostic center operated by the department, and private school that previously employed the applicant. Existing law requires those entities, when considering an applicant for a certificated position, to inquire with each disclosed entity as to whether the applicant, while previously employed by the disclosed entity, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires the responding entities that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing commission to disclose this fact to the inquiring entity, and to provide the inquiring entity with a copy of all relevant information within its possession that was reported to the commission.

This bill would require a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an applicant for a certificated position to instead first inquire with the commission, and upon receiving affirmative confirmation from the commission that it received a copy of a complaint, information, or indictment, or specified report, relating to the applicant being the subject of a credible complaint of, substantiated investigation into, or discipline for, egregious misconduct, to then request from the reporting entity a copy of all relevant information within its possession that was reported to the commission. The bill would authorize a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that is considering an applicant for a certificated position to directly inquire with a disclosed entity, as described above. The bill would also make conforming changes.

To the extent the bill would impose additional duties on local agencies or officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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.