Section 44939.5 - [Effective 1/1/2025] Agreements to prevent reporting of misconduct prohibited(a) School districts, county offices of education, charter schools, and state special 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, charter schools, and state special 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 an 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)(1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools that have 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, charter school, or state special school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(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.Amended by Stats 2024 ch 570 (AB 2534),s 1, eff. 1/1/2025.Amended by Stats 2015 ch 59 (AB 1452),s 1, eff. 1/1/2016.Added by Stats 2014 ch 55 (AB 215),s 10, eff. 1/1/2015.This section is set out more than once due to postponed, multiple, or conflicting amendments.