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Bill Summary · AB 2365

Summary of AB 2365 (2025-2026) – Education-related positions: egregious misconduct: previous employment disclosures

Purpose and intent
- AB 2365 aims to strengthen the handling of egregious misconduct by education personnel and tighten cross-agency information sharing about prior misconduct discoveries.
- It expands the definition of “egregious misconduct” for purposes of dismissal and reporting, broadens disclosure requirements, and creates a statewide data system to track relevant misconduct reports.
- The bill also imposes a prohibition on employment in education-related positions for certificated individuals who have been dismissed for egregious misconduct and had a final adverse credential action by the California Commission on Teacher Credentialing (CTC).

Key provisions and changes
1. Expanded definition of egregious misconduct (Education Code)
- Current law already lists certain offenses (e.g., sex offenses, controlled substances, Child Abuse and Neglect Act acts) as egregious misconduct.
- AB 2365 would broaden this definition to include additional offenses, notably:
- Human trafficking offenses
- Child abandonment and neglect
- Child abduction
- Impermissible contact or communication with a minor
- Certain assaults or batteries
- Spousal abuse
- Failure to comply with a specified previous employment disclosure requirement
- This expansion affects both certificated and noncertificated personnel for purposes of dismissal and reporting.

  1. Employment prohibition after final adverse credential action

    • If a certificated person is dismissed for egregious misconduct and the CTC has taken a final adverse action against the person’s credential, that person would be prohibited from:
      • Being employed in any education-related position by any state agency, the California State University, the University of California, any local agency, or any local educational agency (as provided in the bill).

  2. statewide data system on egregious misconduct (infrastructure and data sharing)

    • The bill would add a section to the statewide data system (built under existing Section 44052.5) to identify whether the CTC has received reports of a certificated employee’s possible misconduct.
    • Required data fields:
      • Full name, date of birth, and last four digits of the Social Security number of the credentialholder or applicant
      • Name of each district or school entity (district, county office of education, charter school, state special school/diagnostic center, or private school) that submitted a complaint, information, or indictment, including specified reports
    • Access provisions:
      • Entities (school districts, COEs, charters, state special schools/diagnostic centers, or private schools) may request access; the commission must provide access within five business days of a request.
      • A secure interface would be developed to allow review of listed data.
      • The commission acts as data administrator, not verifier of truthfulness of reports, and would not be liable for publication of data.
    • Duty to share information:
      • Identified reporting entities must provide copies of all relevant information in their possession to the inquiring entity.

  3. Enhanced post-application inquiry process (certificated position disclosures)

    • Current law requires applicants to disclose every previous employer and for former/similarly situated employers to disclose credible complaints or substantiated investigations to the inquiring employer.
    • Beginning July 1, 2027, the process would shift:
      • A certificated-positions employer must first check the statewide data system (CTC) to see if the commission received copies of complaints or reports relating to egregious misconduct.
      • If affirmative confirmation is received, the employer must identify reporting entities and request copies of all relevant information from each reporting entity.
      • The identified entities that submitted reports must disclose and provide copies of all relevant information in their possession.
      • Employers may also continue to directly inquire with disclosed entities, but the new process emphasizes leveraging the statewide data system first.

  4. Local/state mandated costs

    • The bill contains provisions that would be a state-mandated local program, potentially imposing additional duties on local agencies.
    • If the Commission on State Mandates determines costs are mandated by the state, reimbursements would follow standard statutory procedures.

  5. Other procedural elements

    • Adds new Sections to the Education Code (including 44052.5) and adds Government Code Section 1032 to enforce employment prohibitions.
    • Specifies that violations related to releasing confidential data or misusing information could be misdemeanor offenses.
    • Includes findings that the changes address statewide concerns and apply to all cities, including charter cities.

Who is affected
- Certificated employees in California education-related positions (teachers, administrators, and others with credentials)
- Local educational agencies (LEAs), including school districts, county offices of education, and charter schools, as well as state special schools and diagnostic centers, and private schools
- The California Commission on Teacher Credentialing (CTC) as data administrator and as the body issuing/holding credentional actions
- State agencies and higher education systems (CSU, UC) and local agencies that hire certificated staff

Timeline and implementation
- Data-sharing and enhanced inquiry framework would apply upon implementation per the bill’s schedule.
- July 1, 2027: Proposed commencement of the new inquiry process requiring LEAs to check the statewide data system before requesting information from disclosed entities and identifying reporting entities.

Rationale and potential impact
- The bill seeks to deter and mitigate risks associated with egregious misconduct by ensuring prior misconduct disclosures are centralized and more easily accessible to employers.
- By expanding the misconduct definitions and creating a formal data-sharing framework, it aims to improve accuracy in hiring decisions for positions involving contact with minors and vulnerable populations.
- The measure also tightens employment prohibitions following serious misconduct, potentially reducing re-employment risk of offenders in education settings.

Notes
- The bill has sponsors from multiple Assembly members and was amended and advanced in committee in April 2026.
- It includes standard cost-reimbursement provisions should mandated costs be deemed to exist.

Compiled from official sources — confirm details with the bill’s official record.

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