School employees: confidentiality agreements.

Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law requires local education agencies and other entities that maintain a section on employee interactions with pupils in their employee code of conduct to provide a written copy of that section to each parent or guardian at the beginning of each school year, as provided, and to post that section on each of its schools', and its own, internet website, as specified. Existing law prohibits local educational agencies from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, to the Commission on Teacher Credentialing or any other state or federal agency, and requires local educational agencies that made a report of an employee's egregious misconduct to the Commission on Teacher Credentialing to disclose that fact to another local educational agency considering an application for employment from the employee, upon inquiry. Existing law prohibits local educational agencies from expunging from an employee's personnel file, or entering into an agreement that would authorize expunging from an employee's personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. This bill would, on or after January 1, 2023, prohibit school districts, county offices of education, and charter schools, and their officers and employees, from entering into, or extending or renewing, confidentiality agreements, as defined, with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil, or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. The bill would also prohibit those local educational agencies and their officers and employees from favorably recommending, or otherwise facilitating or promoting, the employment of those persons with another local educational agency.