California Assembly Bill AB1452 Introduced / Bill

 BILL NUMBER: AB 1452INTRODUCED 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.