Education-related positions: egregious misconduct: previous employment disclosures., the official text

An act to amend Sections 44932 and 44939.5 of, and to add Section 44052.5 to, the Education Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

(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, and impermissible contact or communication with a minor, as specified.
(2) Existing law requires the Commission on Teacher Credentialing, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided.
This bill would require the commission to include a section in the above-described statewide data system that identifies whether the commission received any reports of a certificated employee’s possible misconduct submitted to the commission by a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. The bill would require the section of the data system to include the full name, date of birth, and last four digits of the social security number of the credentialholder or applicant, and the name of each school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that has submitted a complaint, information, or indictment against the credentialholder or applicant, including specified reports. The bill would require the commission, within 5 business days of receiving a request for access to the statewide data system from a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school, to provide the requesting entity access to the data system for the purposes of these provisions.
(3) 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 employee’s egregious misconduct to the 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, commencing July 1, 2027, 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 (A) check the section of the statewide data system maintained by the commission as to whether the commission 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, (B) identify any reporting entities, and (C) request from each reporting entity a copy of all relevant information within its possession that was reported to the commission. The 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 identified in the data system as having submitted a report for a certificated employee to provide a copy of all relevant information within its possession to the inquiring entity. The bill would authorize, instead of require, 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.
To the extent the bill would impose additional duties on local agencies or 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.

The people of the State of California do enact as follows:

SECTION 1.
Section 44052.5 is added to the Education Code, immediately following Section 44052, to read:
44052.5.
(a) The commission shall include a section in the statewide data system developed pursuant to Section 44052 that identifies whether the commission received any reports of a certificated employee’s possible misconduct, including reports described in paragraph (2), submitted to the commission by a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. The section of the data system shall include both of the following data fields:
(1) The full name, date of birth, and last four digits of the social security number of the credentialholder or applicant.
(2) The name of each school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that has submitted a complaint, information, or indictment against the credentialholder or applicant, including reports pursuant to subdivision (d) or (e) of Section 44940 of this code, or a report pursuant to Section 44030.5, 44052, 44242.5, or 44947 of this code or Section 80303 or 80304 of Title 5 of the California Code of Regulations to the commission.
(b) The commission shall do all of the following:
(1) Within five business days of receiving a request for access to the section of the statewide data system described in subdivision (a) from a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school, provide the requesting entity access to the data system for the purposes of this section.
(2) Develop a secure interface that allows only a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school to review the data listed in subdivision (a).
(3) Not authorize the submission of any additional information into the section of the data system, other than the data listed in subdivision (a).
(c) (1) The commission shall serve only as the data administrator for the information required to be included as part of the statewide data system pursuant to this section. As data administrator, the commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the reports submitted to the commission by a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school.
(2) The commission shall not be held liable for any claims related to the publication of data within the section of the data system.
(d) A school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school identified in the section of the data system as having submitted a report for a certificated employee pursuant to this section shall provide a copy of all relevant information within its possession to the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school.

SEC. 2.
Section 44932 of the Education Code is amended to read:
44932.
(a) A permanent employee shall not be dismissed except for one or more of the following causes:
(1) Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Section 236.1, 273a, 273ab, 273d, 288.3, or Sections 11165.2 to 11165.6, inclusive, of the Penal Code.
(2) Unprofessional conduct.
(3) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to that chapter.
(4) Dishonesty.
(5) Unsatisfactory performance.
(6) Evident unfitness for service.
(7) Physical or mental condition unfitting them to instruct or associate with children.
(8) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing them.
(9) Conviction of a felony or of any crime involving moral turpitude.
(10) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947.
(11) Alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children.
(b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c) (1) This section does not apply to private schools.
(2) This subdivision is declarative of existing law.

SEC. 3.
Section 44939.5 of the Education Code is amended to read:
44939.5.
(a) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.
(b) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employee’s personnel file, nor shall they enter into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an 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.
(c) (1) 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 department, or private school shall 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 the applicant has previously been an employee of.
(2) (A) (i) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall check the section of the statewide data system maintained by the Commission on Teacher Credentialing pursuant to Section 44052.5 as to whether it received a copy of a complaint, information, or indictment from a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school, including reports pursuant to subdivision (d) or (e) of Section 44940 of this code, or a report pursuant to Section 44030.5, 44052, 44242.5, or 44947 of this code or Section 80303 of Title 5 of the California Code of Regulations, relating to the applicant being the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing and identify any reporting entities.
(ii) Upon checking the statewide data system maintained by the Commission on Teacher Credentialing pursuant to clause (i) regarding an applicant, the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall request, from each school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that submitted documentation to the Commission on Teacher Credentialing, a copy of all relevant information within that entity’s possession that was reported to the Commission on Teacher Credentialing.
(B) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools may also inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.
(3) (A) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.
(B) A private school that has made a report of an employee’s egregious misconduct to law enforcement shall provide an inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information regarding the report.
(d) A school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable.

SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.