AB 2365

(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.