BILL NUMBER: AB 1452	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hadley

                        FEBRUARY 27, 2015

   An act to amend Section 44939.5 of the Education Code, relating to
certificated employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1452, as introduced, Hadley. Certificated employees: personnel
files: expungement: egregious misconduct.
   Existing law prohibits a permanent school employee from being
dismissed, except for one or more of certain enumerated causes,
including egregious misconduct, as defined. Existing law prohibits
school districts, county offices of education, and charter schools
from entering into an agreement that would authorize expunging from a
school employee's personnel file credible complaints of,
substantiated investigations into, or discipline for, egregious
misconduct, unless the documents contain 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.
   This bill would also prohibit school districts, county offices of
education, and charters from directly expunging from an employee's
personnel file credible complaints of, substantiated investigations
into, or discipline for, egregious misconduct, unless 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44939.5 of the Education Code is amended to
read:
   44939.5.  (a) School districts, county offices of education, and
charter schools are prohibited from entering  
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.
   (b) School districts, county offices of education, and charter
 schools are prohibited from entering   schools
shall not expunge from an employee's personnel file, nor shall they
enter  into an agreement that would authorize expunging from
 a school   an  employee's personnel
 file   file,  credible complaints of,
substantiated investigations into, or discipline for, egregious
 misconduct.   misconduct  , as defined
in paragraph (1) of subdivision (a) of Section 44932.  This
prohibition does not preclude  removing, or entering into 
any agreement to  remove   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.
   (c) A school district, county office of education, or charter
school that has 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, or charter school
considering an application for employment from the employee, upon
inquiry.
   (d) Any 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.