AB2365 - Education-related positions: egregious misconduct: previous employment disclosures.

Amended IN Assembly April 27, 2026 Amended IN Assembly April 08, 2026 Amended IN Assembly April 06, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2365 Introduced by Assembly Member Sanchez (Coauthors: Assembly Members Alanis, Flora, Gallagher, Lackey, Macedo, and Tangipa) February 19, 2026 An act to amend Sections 44248, 44932, 44932 and 44939.5 of of, and to add Section 44052.5 to, the Education Code, and to add Section 1032 to the Government Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGEST AB 2365, as amended, Sanchez. 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, and 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, 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. 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. (2) (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 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 first inquire with the commission, and upon receiving affirmative confirmation from the commission that it (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, to then (B) identify any reporting entities, and (C) request from the 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 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. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 44248 of the Education Code is amended to read: 44248. (a) (1) 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. (2) 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. (b) 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. 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, 241.2, 241.6, 243.2, 243.4, 243.6, 273a, 273ab, 273d, 273f, 273g, 273.5, 278, 288.3, 314, 288.3, 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. 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 th [Text truncated for display. Full text available on Congress.gov.]