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<ns0:Id>20250AB__236598AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-04-06</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>2365</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Sanchez</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Assembly Members Alanis, Flora, Gallagher, Lackey, Macedo, and Tangipa)</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Sanchez</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Alanis</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Flora</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Gallagher</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lackey</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Macedo</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Tangipa</ns0:Name>
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<ns0:Title> An act to amend Sections 44248, 44932, and 44939.5 of the Education Code, and to add Section 1032 to the Government Code, relating to public employment. </ns0:Title>
<ns0:RelatingClause>public employment</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Education-related positions: dismissals: egregious misconduct: employment prohibition: previous employment disclosures.</ns0:Subject>
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<ns0:DigestText>
<html:p>
(1)
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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.
</html:p>
<html:p>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 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.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 on Teacher Credentialing 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.
</html:p>
<html:p>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.</html:p>
<html:p>To the extent the bill would impose additional duties on local agencies or officials, the bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>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.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 44248 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>44248.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a member of the commission, commission staff member, member or staff member of the Committee of Credentials, or employee of the department
who releases or gives out information received at a commission or committee meeting or
hearing, or through the investigation of a certified employee, without authorization of the commission or committee, is guilty of a misdemeanor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon receipt of a request pursuant to clause (ii) of subparagraph (A) of paragraph (2) of subdivision (c) of Section 44939.5, the commission shall provide a confirmation notice to the requesting entity if the commission has received a copy of a complaint, information, or indictment 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 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. For purposes of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (c) of Section 44939.5, the confirmation notice shall identify the entity that provided the copy of the complaint, information, or indictment, or that made the report.
</html:p>
<html:p>
(b)
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Any material witness or their representative who releases or gives out information received at a commission or committee meeting or hearing, or who releases or gives out information obtained as a result of direct involvement in the investigation of
a certified employee, without authorization of the commission or committee, is guilty of a misdemeanor unless
the information was known to the material witness or
their representative before that meeting, hearing, or investigation.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 44932 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>44932.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A permanent employee shall not be dismissed except for one or more of the following causes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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, 241.2, 241.6, 243.2, 243.4, 243.6, 273a, 273ab, 273d, 273f, 273g, 273.5, 278, 288.3,
314, or Sections 11165.2 to 11165.6, inclusive, of the Penal Code, or the failure to comply with the requirements of Section 44939.5 of this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Unprofessional conduct.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Dishonesty.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Unsatisfactory performance.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Evident unfitness for service.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Physical or mental condition unfitting them to instruct or associate with children.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Conviction of a felony or of any crime involving moral turpitude.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Alcoholism or
other drug abuse that makes the employee unfit to instruct or associate with children.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 44939.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>44939.5.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html: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.
</html:p>
<html:p>
(b)
<html: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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
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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.
</html:p>
<html:p>
(2)
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(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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
the Commission on Teacher Credentialing as to whether it received a copy of a complaint, information, or indictment 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 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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Upon receiving affirmative confirmation from the Commission on Teacher Credentialing after making an inquiry 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 the 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.
</html:p>
<html:p>
(B)
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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.
</html:p>
<html:p>
(3)
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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.
</html:p>
<html:p>
(d)
<html: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.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 1032 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Num>1032.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
A certificated person who is dismissed for egregious misconduct shall not be 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not affect eligibility for public office.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Certificated person” has the same meaning as in Section 44006 of the Education Code.
</html:p>
<html:p>
(2)
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“Egregious
misconduct” has the same meaning as in Section 44932 of the Education Code.
</html:p>
<html:p>
(3)
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“Local agency” has the same meaning as in Section 50001.
</html:p>
<html:p>
(4)
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“Local educational agency” includes a school district, county office of education, charter school, special education local plan area, or community college.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“State agency” has the same meaning as in Section 11000.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
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<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html: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 4 of Title 2 of the Government Code.</html:p>
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