Section 44939.5 Of Article 3. Resignations, Dismissals, And Leaves Of Absence From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 4. >> Article 3.
44939.5
. (a) School districts, county offices of education, and
charter 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, and charter
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
any 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) A school district, county office of education, or charter
school that has 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, or charter school
considering an application for employment from the employee, upon
inquiry.
(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.