Official Summary Text
AB 1381, as amended, Muratsuchi.
California School Finance Authority: Educational Workforce Housing Revolving Loan Fund.
Education-related positions: egregious misconduct: previous employment disclosures.
Existing law requires the Commission on Teacher Credentialing, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided.
This bill would require the commission to include a section in the
above-described statewide data system that identifies whether the commission received any reports of a certificated employee’s possible misconduct submitted to the commission by a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. The bill would require the section of the data system to include the full name, date of birth, and last four digits of the social security number of the credentialholder or applicant, and the name of each school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that has submitted a complaint, information, or indictment against the credentialholder or applicant, including specified reports. The bill would require the commission, within 5 business days of receiving a request for access to the statewide data system from a school district, county office of education, charter school, state special
school or diagnostic center operated by the department, or private school, to provide the requesting entity access to the data system for the purposes of these provisions.
Existing law requires a person applying for a certificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school to provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school or diagnostic center operated by the department, and private school that previously employed the applicant. Existing law requires those entities, when considering an applicant for a certificated position, to inquire with each disclosed entity as to whether the applicant, while previously employed by the
disclosed entity, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires the responding entities that have made a report of an employee’s egregious misconduct to the commission to disclose this fact to the inquiring entity, and to provide the inquiring entity with a copy of all relevant information within its possession that was reported to the commission.
This bill, commencing July 1, 2027, would require a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an applicant for a certificated position to instead (A) check the section of the statewide data system maintained by the commission as to whether the commission received a copy of a complaint, information, or indictment, or specified report, relating to the applicant being the subject of a credible complaint of,
substantiated investigation into, or discipline for, egregious misconduct, (B) identify any reporting entities, and (C) request from each reporting entity a copy of all relevant information within its possession that was reported to the commission. The bill would require a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school identified in the data system as having submitted a report for a certificated employee to provide a copy of all relevant information within its possession to the inquiring entity. The bill would require a private school that has made a report of an employee’s egregious misconduct to law enforcement to provide an inquiring entity with a copy of all relevant information regarding the report. The bill would authorize, instead of require, a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school that is
considering an applicant for a certificated position to directly inquire with a disclosed entity, as described above.
To the extent the bill would impose additional duties on local agencies or officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the
statutory provisions noted above.
The California School Finance Authority Act establishes the California School Finance Authority and authorizes the authority to, among other things, issue revenue bonds to finance or refinance educational facility projects for school districts, charter schools, county offices of education, and community college districts. Existing law requires the authority to administer various funds, including, for college applicants, the California Student Housing Revolving Loan Fund.
This bill would establish the Educational Workforce Housing Revolving Loan Fund in the State Treasury to be administered by the authority. The bill, upon appropriation, would require moneys in the fund be loaned to local education agencies (LEAs) for the purposes of conducting educational workforce housing predevelopment activities, as defined. The bill would require these
loans be issued with no interest and based upon LEA average daily attendance, as specified. The bill would require the authority to designate a statewide educational nonprofit organization, as specified, to, among other requirements, assist the authority in developing the criteria local educational agencies must meet to qualify for a loan. The bill would require that an LEA seeking a loan under these provisions submit an application to the authority and would provide that the LEA qualifies for a loan if the fund maintains positive fund balance with adequate resources to establish a loan and if the LEA submits a signed commitment, as specified. The bill would require the Controller to deduct from apportionments made to the LEA, as appropriate, an amount equal to the annual repayment of the amount loaned to the LEA and pay the same amount into the fund, as provided. The bill would authorize the authority to adopt any necessary rules and regulations for the implementation of these provisions as emergency
regulations, as specified. For annual administrative costs, the bill would require the nonprofit organization to receive, upon appropriation, an amount no more 2% of the total amount of loans issued. The bill would also make legislative findings and declarations related to the above-described provisions.
This bill would also establish the Educational Workforce Housing Security Fund in the State Treasury and, upon appropriation, would make moneys in the fund available for deposit into the Educational Workforce Housing Revolving Loan Fund in case of default on any loan made from the Educational Workforce Housing Revolving Loan Fund. The bill would require the authority to monitor the adequacy of the amount of moneys in the Educational Workforce Housing Revolving Loan Fund and to report annually to the Department of Finance and the Controller on the need, if any, to transfer funds from the Educational Workforce Housing Security Fund to the Educational Workforce Housing
Revolving Loan Fund for the sole purpose of replacing funds lost in the Educational Workforce Housing Revolving Loan Fund due to loan defaults. The bill would also require the authority to provide, by October 1 of each year, detailed fund condition information for these funds to the Department of Finance and the Legislative Analyst’s Office, as provided.