Beginning January 1, 2025, Assembly Bill (“AB”) 2534 requires school districts, county offices of education, charter schools, and state special schools (“LEAs”) to inquire and/or disclose information during the hiring process regarding certificated employees’ “egregious misconduct” as defined in the Education Code and the Penal Code.

Currently, an LEA must notify the Commission on Teacher Credentialing (“CTC”) when a certificated employee experiences a change in employment status (e.g., is dismissed, is non-reelected, or resigns) as a result of an allegation of misconduct or while an allegation of misconduct is pending.  This notification must include any supporting documentation in the reporting LEA’s possession related to the matter, among other things.  (5 C.C.R. § 80303.)  Additionally, prior to AB 2534, LEAs were required to disclose the fact that they reported an employee’s egregious misconduct to the CTC to prospective LEAs considering that employee’s application for employment, upon inquiry, but the law did not require them to disclose records.

New Obligations and Expanded Access to Egregious Misconduct Records

AB 2534 amended Education Code section 44939.5 to establish additional obligations on: (1) an applicant for a certificated position at an LEA; (2) the applicant’s prospective LEA; and (3) the applicant’s former LEAs.

First, every applicant for a certificated position must provide a list of every LEA where they previously worked to the prospective LEA during the hiring process.

Second, the prospective LEA considering the applicant must then contact each LEA on that list to inquire whether the applicant was the subject of any credible complaints, substantiated investigations, or discipline for “egregious misconduct” (which are certain sex, controlled substance, and child abuse and neglect offenses defined under Education Code sections 44932(a)(1), 44010, and 44011, and Penal Code sections 11165.2 to 11165.6) that were required to be reported to the CTC.

Third, if the applicant’s former LEA previously reported the applicant’s egregious misconduct to the CTC, then, upon inquiry, the former LEA must disclose the fact of the report to the prospective LEA as well as provide copies of all relevant records in its possession that were reported to the CTC.

AB 2534’s Impacts on the Certificated Hiring Process

LEAs should have hiring protocols in place to ensure they are compliant with the new requirements of AB 2534, including but not limited to the following:

• • Train employees who may be involved in the certificated hiring process regarding the new requirements of AB 2534.
  • LEAs should update their application for certificated employment forms to now include a section that requires the applicant to provide a complete list of every school district, county office of education, charter school, and state special school where they were previously employed.
  • LEAs should designate a human resources employee(s) with contacting each former LEA listed on an application to inquire whether the applicant was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the CTC. LEAs should keep records reflecting that such inquiries were made and the responses they received to those inquiries.
  • LEAs should establish internal procedures to track their certificated employees who were reported to the CTC based upon allegations of “egregious misconduct” and preserve the documents that were reported to the CTC.
  • If entering into settlement agreements with certificated employees involving allegations of egregious misconduct, LEAs should work with their legal counsel to ensure that there is no language regarding the LEA providing a “neutral reference” to a prospective LEA or any other language that contradicts the LEA’s disclosure obligations to prospective LEAs under AB 2534.

  If you have any questions, please contact a DWK attorney in our Labor, Employment and Personnel (LEAP) practice group.