- Posts by Michael DavisSenior Counsel
Michael J. Davis is an experienced labor and litigation attorney who represents public and private entities in complex and sensitive disputes. Mr. Davis works with clients to bring early and favorable resolution to employment ...
Effective January 1, 2025, Assembly Bill (“AB”) 2534 amends Education Code section 44939.5 to require a former employer to release employment records pertaining to “egregious misconduct” of certificated employees when an applicant seeks a new position at a school district, county office of education, charter school, or state special school. In its analysis of AB 2534, the Senate Committee on Education summarized the definition of “egregious misconduct” as: “immoral conduct that is the basis for an offense related to sex offenses; child abuse and neglect offenses; and controlled substance offenses, as specified.”
Requirements for Applicants
Effective January 1, 2025, AB 2534 amends Education Code section 44939.5 to require an applicant for a certificated position at a school district, county office of education, charter school, or state school to provide their prospective employer with a complete list of every educational institution at which the employee has been employed.
Requirements for Hiring LEAs
Additionally, LEAs must inquire with each listed agency as to whether the applicant was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that required the LEA to report to the CTC.
Requirements for LEAs Receiving AB 2534 Inquiries
Notwithstanding any other law, LEAs are required to provide the inquiring agency with a copy of all relevant records in its possession regarding the reported egregious misconduct when responding to an inquiry.
Read more about the impact of AB 2534 here.
These new requirements during the certificated application and hiring process present new legal issues and an urgent need for LEAs incorporate new steps into the hiring process. It also places new demands on Human Resources departments, which will both be making and responding to inquiries under AB 2534.
To that end, we have developed a comprehensive AB 2534 Toolkit to assist LEAs in complying with the new requirements during the certificated application and hiring process. Your purchase of our AB 2534 Toolkit provides you with a template letter for sending to both in-state and out-of-state LEAs, a comprehensive Frequently Asked Questions document regarding the implementation of AB 2534, a 7-minute training AB 2534 training video for human resource staff, and a complimentary 30-minute advising session with one of our firm’s AB 2534 experts.
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