BILL NUMBER: AB 1452	CHAPTERED
	BILL TEXT

	CHAPTER  59
	FILED WITH SECRETARY OF STATE  JULY 6, 2015
	APPROVED BY GOVERNOR  JULY 6, 2015
	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  MAY 22, 2015

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, 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 charter schools 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.


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 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 shall not expunge from an employee's personnel file, nor
shall they enter into an agreement that would authorize expunging
from an employee's personnel file, credible complaints of,
substantiated investigations into, or discipline for, egregious
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, 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.