20250AB__138195AMD INTRODUCED 2025-02-21 AMENDED_ASSEMBLY 2025-03-28 AMENDED_ASSEMBLY 2025-05-05 AMENDED_SENATE 2026-06-11 AMENDED_SENATE 2026-07-02 2025 AB AMD Introduced by Assembly Member Muratsuchi LEAD_AUTHOR ASSEMBLY Muratsuchi

An act to amend

Section 44939.5 of, and to add

Section 44030.6 to, the Education Code, relating to public employment. public employment Education-related positions: previous employment disclosures: Commission on Teacher Credentialing: adverse actions.

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.</xhtml:p><xhtml:p>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 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.</xhtml:p>"?> Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits.

Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be reported to the committee.

Existing law requires a person applying for a certificated or noncertificated 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 or noncertificated 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, as applied to certificated employees, or used to support a substantiated investigation, as applied to noncertificated employees.

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 require a private school that has made a report of an employee’s egregious misconduct to law enforcement to provide an inquiring entity with a copy of all relevant information regarding the report.

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.</xhtml:p>"?> This bill would establish that the failure by a certificated employee to provide the above-described employment history constitutes unprofessional conduct and may subject the person applying for the certificated position to adverse action by the commission.

This bill would prohibit the superintendent of a school district or county office of education, or the administrator of a charter or private school, from hiring a certificated or classified employee without completing the applicable employment background check as described above. The bill would establish that the failure to conduct these employment background checks (1) constitutes unprofessional conduct and (2) may subject the superintendent or administrator to adverse action by the commission.

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.

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 44030.6 is added to the Education Code , to read: 44030.6. (

a) The superintendent of a school district or county office of education, or the administrator of a charter or private school, shall not hire a certificated or classified employee without completing the employment background check outlined in

Section 44939.5 for certificated staff or

Section for classified staff, as applicable. (

b) The failure to complete an employment background check required by subdivision (

a) is unprofessional conduct and may subject the superintendent of the school district or county office of education, or the administrator of a charter or public school, to adverse action by the commission.

SEC.

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) 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. (

B) The failure to provide the information described in subparagraph (

A) is unprofessional conduct and may subject the person applying for the certificated position to adverse action by the commission.

(2) 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 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) 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. (

d) Any 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. 3. 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 of Title of the Government Code. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'44052.5'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 44052.5 is added to the <caml:DocName>Education Code</caml:DocName>, <caml:Positioning>immediately following

Section 44052</caml:Positioning>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_B268C720-43D6-4E45-9518-CFC0C3B9893D"><caml:Num>44052.5.</caml:Num><caml:LawSectionVersion id="id_E26BCDA2-4AB3-459A-8AAC-5BAFEA9CAAD5"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The commission shall include a

section in the statewide data system developed pursuant to

Section 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:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The full name, date of birth, and last four digits of the social security number of the credentialholder or applicant.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>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 of this code, or a report pursuant to

Section 44030.5, 44052, 44242.5, or of this code or

Section or of Title of the California Code of Regulations to the commission.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The commission shall do all of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>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).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Not authorize the submission of any additional information into the

section of the data system, other than the data listed in subdivision (a).</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The commission shall not be held liable for any claims related to the publication of data within the

section of the data system.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>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.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_C6F50FD3-282A-4D5B-991A-0517C3D73583"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'25.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'44939.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 44939.5 of the <caml:DocName>Education Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_19740E53-B274-438A-B611-5368DBD9EAE4"><caml:Num>44939.5.</caml:Num><caml:LawSectionVersion id="id_8161F8CB-AF44-4DD1-B63E-1241AC56EDEB"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/> 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 of this code, or a report pursuant to

Section 44030.5, 44052, 44242.5, or of this code or

Section or of Title 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.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>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. </xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>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.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_D93752A6-70CF-42B8-8387-0EEEFE7D6DB9"><caml:Num>SEC. 3.</caml:Num><caml:Content><xhtml:p>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 of Title of the Government Code.</xhtml:p></caml:Content></caml:BillSection>"?>