AB 2534 Expands Employer Access to Certificated Employee Records of Egregious and Other Misconduct during Onboarding Process

10.04.2024

On September 25, 2024, Governor Newsom signed Assembly Bill (“AB”) 2534 into law, amending Education Code section 44939.5. In summary, AB 2534 requires 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.”[1]

Under current law, local educational agencies (“LEA”) are required to notify the California Commission on Teacher Credentialing (“CTC”) when a certificated employee has a change in employment status because of an allegation of misconduct, or while an allegation of misconduct is pending. (5 CCR § 80303.) Under previous law, LEAs were required to release information that had been reported to the CTC to other LEAs as part of the certificated hiring process, if requested by the hiring institution. As detailed below, AB 2534 continues to require notification to the CTC while expanding the prior and prospective employers’ legal obligations during the hiring process regarding the release of certificated employment records pertaining to egregious misconduct.

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. 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. LEAs are required to provide the inquiring agency with a copy of all relevant records in its possession regarding egregious misconduct when responding to an inquiry.

Interestingly, the Legislature created consequences for employees who knowingly falsify information regarding allegations of egregious misconduct made against an employee, but did not create consequences for applicants who—either intentionally or inadvertently—fail to list all LEAs that previously employed them.  Amended Education Code section 44939.5(d) provides: “Any school employee who alleges that another school employee has engaged in egregious misconduct … knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable.”

If your agency requires counsel on how to prepare for upcoming changes and compliance with AB 2534 or if you have any questions about this Alert, please contact your AALRR attorney or the authors of this Alert.

Special thank you to Larissa Alvarez, NCELPG law clerk, for her contribution to the alert.

[1] Please note, the definition of “egregious misconduct,” as provided for in Education Code section 44932, was unaffected by AB 2534.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

© 2024 Atkinson, Andelson, Loya, Ruud & Romo