Schools must investigate serious misconduct and check workers

Employers must ask an applicant’s former schools about credible complaints, investigations, or discipline involving serious misconduct and share specified records and evidence. The rules cover applicants for noncertificated public school jobs and applicants for any private school job. Applicants for covered jobs must provide a complete list of every public or private school that employs or previously employed them. An employee may be subject to dismissal if a current employer learns of a reported matter from a previous job and either the employee failed to list a previous employer or that employer failed to disclose the matter. The inquiry and disclosure rules apply when an employer considers an applicant for a covered position.

The Commission on Teacher Credentialing must develop a secure statewide system for school employers to submit and check specified employee and investigation data. The system covers noncertificated public school employees and all private school employees, and records specified employment and serious misconduct investigation information. The commission’s duty to develop the system depends on an appropriation for that purpose. Only specified commission staff and school employees responsible for hiring, investigations, or employment may access the system; users must keep its information confidential. System data is not subject to public records disclosure, and individuals do not have certain rights to learn whether a record exists, inspect it, or request changes. The commission must develop the system by July 1, 2027, if the required funding is provided. Employers must request access by May 1, 2027, and submit specified past investigation information within 90 days after the system becomes operational.

School employers must investigate credible complaints or other reasons to believe an employee engaged in serious misconduct; public agencies must start within 15 days and finish within 90 days unless good cause supports an extension. These duties apply to local educational agencies and private schools investigating their employees. Public agencies must give the employee a reasonable chance to provide a statement and evidence. The investigation must continue even if the employee leaves the job. Private schools must adopt a written investigation policy; it must include steps, reasonable timelines, and employer and employee rights or duties. Public agencies must begin an investigation within 15 days and finish within 90 days, though good cause can extend the deadline. Private schools must adopt their written policy by July 1, 2027.

Employers must put specified background check, disclosure, and enforcement terms in contracts for services to pupils and enforce those terms. These rules cover local educational agencies, private schools, and state special schools or diagnostic centers contracting for services to pupils. The criminal record summary requirement covers contractor and subcontractor employees who interact with pupils or provide them direct services; an emergency or exceptional situation is exempt only when the worker is under a school employee’s immediate supervision and control. For independent study services, the school agency must verify that covered workers completed the check; parent consent is not an alternative. Contracts must require entities to disclose specified prior complaints or discipline involving reportable conduct and require schools to check disclosed names against the statewide system or applicable alternate procedures. The new contract terms apply by July 1, 2027. Existing contracts may continue until they expire or are replaced, but contracts made or changed on or after January 1, 2027, for use after July 1, 2027, must comply.

The Committee of Credentials may begin a formal review based on specified statewide system entries, and the commission may request relevant records from private schools. These provisions concern applicants for or holders of credentials and substantiated serious misconduct reports involving public or private school employees. A system entry for a substantiated report not involving sexual misconduct with a minor or recurring conduct must be presented for initial review within the stated four-year or discovery-based deadline. For covered system entries, initial review must be presented within four years of the alleged act or within one year after the school provides all known evidence in response to a commission inquiry.