An act to amend Sections 44248, 44932, 44932 and 44939.5 of of, and to add Section 44052.5 to, the Education Code, and to add Section 1032 to the Government Code, relating to public employment.
AB 2365 revises California’s rules for screening and excluding education employees who have engaged in “egregious misconduct.” The bill expands the definition of egregious misconduct to cover a broader set of offenses, including certain human trafficking, child abuse/neglect, child abduction, impermissible contact or communication with a minor, assault and battery offenses, spousal abuse, and failure to comply with prior employment disclosure requirements. It also strengthens restrictions on employment by barring certificated persons who were dismissed for egregious misconduct and received a final adverse credential action from being employed in any education-related position by state agencies, the CSU, UC, local agencies, or local educational agencies.
The bill also changes how schools and other education employers check an applicant’s background. Beginning July 1, 2027, employers considering an applicant for a certificated position would first query a Commission on Teacher Credentialing statewide data system rather than relying only on direct inquiries to prior employers. If the commission confirms that it has received reports or complaints tied to possible egregious misconduct, the hiring entity must identify the reporting entities and request relevant records from them. The bill creates a new Education Code section directing the commission to maintain a secure interface with limited data fields, respond within five business days, and act only as data administrator rather than verifier of the underlying allegations.
AB 2365 also preserves and reinforces existing disclosure obligations. Applicants must still list prior education employers, and prior employers that reported misconduct must disclose that fact and provide relevant information when asked. The bill makes conforming changes to existing dismissal and reporting statutes, including provisions governing permanent employees, mandatory reporting, and confidentiality around commission proceedings. It also adds a Government Code provision prohibiting employment in education-related positions for certain disciplined certificated persons, and declares that rule a matter of statewide concern applicable to charter cities.
The bill’s impact on state law is significant because it broadens the universe of conduct that can trigger dismissal, reporting, and employment disqualification, while centralizing initial misconduct screening through the Commission on Teacher Credentialing. It would impose new duties on local educational agencies, private schools, and the commission, and it expressly creates a state-mandated local program, with potential reimbursement if the Commission on State Mandates so determines. The bill is aimed at improving information-sharing and preventing individuals with serious misconduct histories from moving between education employers without detection.
Overall, the bill appears to have generally favorable committee support, as reflected in the 8-0 do-pass vote on April 22, 2026. However, it was later held under submission in committee, suggesting unresolved fiscal, implementation, or policy concerns. The main point of contention is likely the balance between stronger child-safety and hiring-screening protections versus the administrative burden, privacy implications, and potential liability concerns associated with expanding the data system and requiring rapid inter-agency disclosure. The bill’s liability disclaimer for the commission and its state-mandate language suggest lawmakers anticipated those concerns.
AB 2365 would amend Education Code sections governing dismissal, reporting, and hiring of certificated education employees, and add a new Government Code employment bar for certain disciplined certificated persons. It expands the statutory definition of egregious misconduct, requires the Commission on Teacher Credentialing to maintain a new searchable data-system section for misconduct reports, and changes hiring procedures so employers must first consult the commission before seeking records from prior employers. It also imposes new disclosure duties on reporting entities, creates a secure access framework, and may trigger reimbursable state-mandated local costs for school districts and local agencies.
The bill’s committee vote history suggests broad support for its child-safety and accountability goals, with a unanimous 8-0 do-pass vote on April 22, 2026. At the same time, the measure was later held under submission, indicating that while the policy direction was generally well received, there were likely concerns about implementation, costs, privacy, or administrative complexity. No transcript excerpts were provided, so the available record points to cautious support rather than clear controversy on the merits.
The likely points of contention are the bill’s expanded definition of egregious misconduct, the creation of a centralized commission-managed data system containing sensitive personal information, and the new mandatory response timelines and disclosure duties placed on schools and private schools. Supporters would likely emphasize stronger protections for students and better prevention of “passing the trash” between employers, while critics may focus on due process, data accuracy, confidentiality, workload, and potential liability for employers and the commission. The bill’s explicit statement that the commission is not responsible for verifying reports, and its liability disclaimer, indicate concern about those issues.