AN ACT AUTHORIZING THE DISCLOSURE OF AN OPEN INVESTIGATION OF ABUSE OR NEGLECT OR SEXUAL MISCONDUCT, INJURY OR RISK OF INJURY TO OR IMPAIRING THE MORALS OF A MINOR DURING THE HIRING PROCESS OF A SCHOOL EMPLOYEE.

House of Representatives
sHB5327 / File No. 381 1

General Assembly File No. 381
February Session, 2026 Substitute House Bill No. 5327

House of Representatives, April 2, 2026

The Committee on Education reported through REP. LEEPER
of the 132nd Dist., Chairperson of the Committee on the part of
the House, that the substitute bill ought to pass.

AN ACT AUTHORIZING THE DISCLOSURE OF AN OPEN
INVESTIGATION OF ABUSE OR NEGLECT OR SEXUAL
MISCONDUCT, INJURY OR RISK OF INJURY TO OR IMPAIRING THE
MORALS OF A MINOR DURING THE HIRING PROCESS OF A
SCHOOL EMPLOYEE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 10 -222c of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2026): 2
(a) No local or regional board of education, governing council of a 3
state or local charter school, interdistrict magnet school operator or 4
supervisory agent of a nonpublic school shall offer employment to an 5
applicant for a position, including any position which is contracted for, 6
if such applicant would have direct student contact, prior to such board, 7
council, operator or supervisory agent: 8
(1) Requiring of such applicant: 9
(A) To list the name, address and telephone number of each current 10
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sHB5327 / File No. 381 2

or former employer of the applicant, if such current or former employer 11
was a local or regional board of education, council, operator or 12
supervisory agent or if such employment otherwise caused the 13
applicant to have contact with children; 14
(B) A written authorization that (i) consents to and authorizes 15
disclosure by the employers listed under subparagraph (A) of this 16
subdivision of the information requested under subdivision (2) of this 17
subsection and the release of related records by such employers, (ii) 18
consents to and authorizes disclosure by the Department of Education 19
of the information requested under subdivision (3) of this subsection 20
and the release of related records by the department, and (iii) releases 21
those employers and the department from liability that may arise from 22
such disclosure or release of records pursuant to subdivision (2) or (3) 23
of this subsection; and 24
(C) A written statement of whether the applicant (i) has been or is the 25
subject of an abuse or neglect or sexual misconduct investigation, or any 26
investigation involving the injury or risk of injury to, or impairing the 27
morals of, a minor by any employer, state agency or municipal police 28
department, unless the investigation resulted in a finding that all 29
allegations were unsubstantiated, (ii) has ever been disciplined or asked 30
to resign from employment or resigned from or otherwise separated 31
from any employment while an allegation of abuse or neglect was 32
pending or under investigation by the Department of Children and 33
Families or such employer, state agency or municipal police 34
department, or an allegation of sexual misconduct was pending or 35
under investigation by such employer, state agency or municipal police 36
department, or an allegation involving the injury or risk of injury to, or 37
impairing the morals of, a minor was pending or under investigation, or 38
due to an allegation substantiated pursuant to section 17a-101g of abuse 39
or neglect, or of sexual misconduct or a conviction for abuse or neglect 40
or sexual misconduct, or (iii) has ever had a professional or occupational 41
license or certificate suspended or revoked or has ever surrendered such 42
a license or certificate while an allegation of abuse or neglect was 43
pending or under investigation by the department or an investigation 44
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of sexual misconduct was pending or under investigation, or an 45
allegation involving the injury or risk of injury to, or impairing the 46
morals of, a minor was pending or under investigation, or due to an 47
allegation substantiated by the department of abuse or neglect or of 48
sexual misconduct or a conviction for abuse or neglect or sexual 49
misconduct; 50
(2) Conducting a review of the employment history of the applicant 51
by contacting those employers listed by the applicant under subdivision 52
(1) of this subsection. Such review shall be conducted using a form 53
developed by the Department of Education in accordance with section 54
3 of public act 16 -67 that shall request (A) the dates of employment of 55
the applicant, and (B) a statement as to whether the employer has 56
knowledge that the applicant (i) was or is the subject of an allegation of 57
abuse or neglect or sexual misconduct or involving the injury or risk of 58
injury to, or impairing the morals of, a minor for which there is an 59
investigation pending with any employer, state agency or municipal 60
police department or which has been substantiated, unless such 61
substantiation has been reversed as a result of an appeal conducted 62
pursuant to section 17a-101k; (ii) was disciplined or asked to resign from 63
employment or resigned from or otherwise separated from any 64
employment while an allegation of abuse or neglect or sexual 65
misconduct or involving the injury or risk of injury to, or impairing the 66
morals of, a minor was or is pending or under investigation, or due to a 67
substantiation of abuse or neglect or sexual misconduct or involving the 68
injury or risk of injury to, or impairing the morals of, a minor , unless 69
such substantiation has been reversed as a result of an appeal conducted 70
pursuant to section 17a -101k; or (iii) has ever had a professional or 71
occupational license, certificate, authorization or permit suspended or 72
revoked or has ever surrendered such a license, certificate, authorization 73
or permit while an allegation of abuse or neglect or sexual misconduct 74
or involving the injury or risk of injury to, or impairing the morals of, a 75
minor was pending or under investigation, or due to a substantiation of 76
abuse or neglect or sexual misconduct or involving the injury or risk of 77
injury to, or impairing the morals of, a minor, unless such substantiation 78
has been reversed as a result of an appeal conducted pursuant to section 79
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17a-101k. Such review may be conducted telephonically or through 80
written communication. Notwithstanding the provisions of subsection 81
(g) of section 31 -51i, not later than five business days after any such 82
current or former employer of the applicant receives a request for such 83
information, such employer shall respond with and is authorized to 84
disclose such information. A local or regional board of education, 85
council, operator or supervisory agent may request more information 86
concerning any response made by a current or former employer, and, 87
notwithstanding the provisions of said subsection (g), such employer 88
shall respond not later than five business days after receiving such 89
request; and 90
(3) Requesting information from the Department of Education 91
concerning (A) the eligibility status for employment of any applicant for 92
a position requiring a certificate, authorization or permit issued 93
pursuant to chapter 166, (B) whether the department has knowledge 94
that an investigation is pending or a finding has been substantiated by 95
the Department of Children and Families pursuant to section 17a -101g 96
of abuse or neglect or of sexual misconduct or involving the injury or 97
risk of injury to, or impairing the morals of, a minor against the 98
applicant and any information concerning such [a] investigation or 99
finding, and (C) whether the department has received notification that 100
the applicant has been convicted of a crime or of criminal charges 101
pending against the applicant and any information concerning such 102
charges. 103
(b) Notwithstanding the provisions of subsection (g) of section 31-51i, 104
any local or regional board of education, council, operator or 105
supervisory agent that receives information that an applicant for a 106
position with or an employee of the board is under investigation or has 107
been disciplined for a finding of abuse or neglect or sexual misconduct 108
or involving the injury or risk of injury to, or impairing the morals of, a 109
minor shall notify the Department of Education of such information. 110
(c) No local or regional board of education, council, operator or 111
supervisory agent shall employ an applicant for a position involving 112
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direct student contact who does not comply with the provisions of 113
subdivision (1) of subsection (a) of this section. 114
(d) A local or regional board of education, council, operator or 115
supervisory agent may employ or contract with an applicant on a 116
temporary basis for a period not to exceed ninety days, pending the 117
review of information received under this section by such board, 118
council, operator or supervisory agent, provided: 119
(1) The applicant complied with subdivision (1) of subsection (a) of 120
this section; 121
(2) The board, council, operator or supervisory agent has no 122
knowledge of information pertaining to the applicant that would 123
disqualify the applicant from employment with the board, council, 124
operator or supervisory agent; and 125
(3) The applicant affirms that the applicant is not disqualified from 126
employment with such board, council, operator or supervisory agent. 127
(e) No local or regional board of education, council, operator or 128
supervisory agent shall enter into a collective bargaining agreement, an 129
employment contract, an agreement for resignation or termination, a 130
severance agreement or any other contract or agreement or take any 131
action that: 132
(1) Has the effect of suppressing or requiring the nondisclosure of 133
information relating to [an] a pending investigation of a report of 134
suspected abuse or neglect or sexual misconduct or involving the injury 135
or risk of injury to, or impairing the morals of, a minor by a current or 136
former employee; 137
(2) Affects the ability of the local or regional board of education, 138
council, operator or supervisory agent to report suspected abuse or 139
neglect or sexual misconduct to appropriate authorities; or 140
(3) Requires the local or regional board of education, council, 141
operator or supervisory agent to expunge information about an 142
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allegation or a finding of suspected abuse or neglect or sexual 143
misconduct or involving the injury or risk of injury to, or impairing the 144
morals of, a minor from any documents maintained by the board, unless 145
after investigation such allegation is [dismissed or] found to be false. 146
(f) No local or regional board of education, council, operator or 147
supervisory agent shall offer employment to a person as a substitute 148
teacher, unless such person and such board, council, operator or 149
supervisory agent comply with the provisions of subsection (a) of this 150
section. The board, council, operator or supervisory agent shall 151
determine which such persons are employable as substitute teachers 152
and maintain a list of such persons. No board, council, operator or 153
supervisory agent shall hire any person as a substitute teacher who is 154
not on such list. Such person shall remain on such list as long as such 155
person is continuously employed by the board, council, operator or 156
supervisory agent as a substitute teacher, as described in subsection (c) 157
of section 10-221d, provided the board, council, operator or supervisory 158
agent does not have any knowledge of a reason that such person should 159
be removed from such list. 160
(g) In the case of an applicant who is a contractor, the contractor shall 161
require any employee with such contractor who would be in a position 162
involving direct student contact to supply to such contractor all 163
information required of an applicant under subparagraphs (A) and (C) 164
of subdivision (1) of subsection (a) of this section and a written 165
authorization under subparagraph (B) of said subdivision. Such 166
contractor shall contact any current or former employer of such 167
employee that was a local or regional board of education, council, 168
operator or supervisory agent or if such employment caused the 169
employee to have contact with children, and request, either 170
telephonically or through written communication, any information 171
concerning whether there is a pending or open investigation or was a 172
finding of abuse or neglect or sexual misconduct or involving the injury 173
or risk of injury to, or impairing the morals of, a minor against such 174
employee. Notwithstanding the provisions of subsection (g) of section 175
31-51i, such employer shall report to the contractor any such 176
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investigation or finding, either telephonically or through written 177
communication. If the contractor receives any information indicating 178
such [a] investigation or finding or otherwise has knowledge of such [a] 179
investigation or finding, the contractor shall, notwithstanding the 180
provisions of said subsection (g), immediately forward such 181
information to any local or regional board of education, council, 182
operator or supervisory agent with which the contractor is under 183
contract, either telephonically or through written communication. Any 184
local or regional board of education, council, operator or supervisory 185
agent that receives such information shall determine whether such 186
employee may work in a position involving direct student contact at any 187
school under the jurisdiction or control of such board, council, operator 188
or supervisory agent. No determination by a local or regional board of 189
education, council, operator or supervisory agent that any such 190
employee shall not work under any such contract in any such position 191
shall constitute a breach of such contract. 192
(h) Any applicant who knowingly provides false information or 193
knowingly fails to disclose information required in subdivision (1) of 194
subsection (a) of this section shall be subject to discipline by the 195
employing local or regional board of education, council, operator or 196
supervisory agent that may include (1) denial of employment, or (2) 197
termination of the contract of a certified employee, in accordance with 198
the provisions of section 10-151. 199
(i) Any employer who provides information in accordance with 200
subdivision (2) of subsection (a) of this section or subsection (g) of this 201
section and the Department of Education for the provision of 202
information requested in accordance with subdivision (3) of said 203
subsection (a) shall be immune from criminal and civil liability, 204
provided the employer or department did not knowingly supply false 205
information. 206
(j) Notwithstanding the provisions of section 10-151c and subsection 207
(g) of section 31 -51i, a local or regional board of education, council, 208
operator or supervisory agent shall provide upon request by any other 209
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local or regional board of education, council, operator or supervisory 210
agent for the purposes of an inquiry pursuant to subdivision (2) of 211
subsection (a) of this section or subsection (g) of this section or to the 212
Commissioner of Education pursuant to subsection (b) of this section 213
any information that the board, council, operator or supervisory agent 214
has concerning [a] an investigation or finding of abuse or neglect or 215
sexual misconduct or involving the injury or risk of injury to, or 216
impairing the morals of, a minor by a subject of any such inquiry. 217
(k) For purposes of this section and section 10 -221d, as amended by 218
this act, (1) "sexual misconduct" means any verbal, nonverbal, written 219
or electronic communication, or any other act directed toward or with a 220
student that is designed to establish a sexual relationship with the 221
student, including a sexual invitation, dating or soliciting a date, 222
engaging in sexual dialog, making sexually suggestive comments, self -223
disclosure or physical exposure of a sexual or erotic nature and any 224
other sexual, indecent or erotic contact with a student; (2) "abuse or 225
neglect" means abuse or neglect as described in section 46b -120, and 226
includes any violation of section 53a -70, 53a-70a, 53a-71, 53a-72a, 53a-227
72b or 53a -73a; and (3) "former employer" means any local or regional 228
board of education, governing council of a state or local charter school 229
or interdistrict magnet school operator, person, firm, business, 230
educational institution, nonprofit agency, corporation, limited liability 231
company, the state, any political subdivision of the state, any 232
governmental agency, or any other entity that such applicant was 233
employed by during any of the previous twenty years prior to applying 234
for a position with a local or regional board of education, governing 235
council of a state or local charter school or interdistrict magnet school 236
operator. 237
(l) Prior to offering employment to an applicant , a local or regional 238
board of education, council, operator or supervisory agent shall make a 239
documented good faith effort to contact each current and any former 240
employer that was a local or regional board of education, council, 241
operator or supervisory agent or if such employment otherwise caused 242
the applicant to have contact with children of the applicant in order to 243
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obtain information and recommendations which may be relevant to the 244
applicant's fitness for employment, including whether there is a 245
pending investigation of the applicant for allegations of abuse or neglect 246
or sexual misconduct or involving the injury or risk of injury to, or 247
impairing the morals of, a minor conducted by such former employer, 248
provided such effort shall not be construed to require more than three 249
telephonic requests made on three separate days. 250
(m) No local or regional board of education, council, operator or 251
supervisory agent shall offer employment to any applicant who had any 252
previous employment contract terminated by a board, council, operator 253
or supervisory agent or who resigned from such employment, if such 254
[person] applicant (1) has been convicted of a violation of section 17a -255
101o, [when] (2) has had an allegation of abuse or neglect or sexual 256
[assault has been] misconduct substantiated, or (3) is being investigated 257
or has a pending investigation for abuse or neglect or sexual misconduct 258
or involving the injury or risk of injury to, or impairing the morals of, a 259
minor. 260
Sec. 2. Subsection (f) of section 10 -221d of the general statutes is 261
repealed and the following is substituted in lieu thereof (Effective July 1, 262
2026): 263
(f) Notwithstanding the provisions of subsection (g) of section 31-51i, 264
and to the extent permissible under state and federal laws regarding the 265
dissemination of criminal history records, the State Board of Education 266
shall, upon request of an eligible school operator, make available to such 267
eligible school operator requesting information concerning an applicant 268
for a position with such eligible school operator (1) any information 269
concerning the applicant's eligibility for employment in a position with 270
such eligible school operator requiring a certificate, authorization or 271
permit issued pursuant to chapter 166, (2) whether the department has 272
knowledge that the applicant has been disciplined for a finding of abuse 273
or neglect or sexual misconduct, as defined in section 10 -222c, as 274
amended by this act, or involving the injury or risk of injury to, or 275
impairing the morals of, a minor, and any information concerning such 276
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a finding, [and] (3) whether the department has received notification 277
that the applicant has been convicted of a crime or of criminal charges 278
pending against the applicant and any information concerning such 279
charges, and (4) whether the department has been notified pursuant to 280
subsection (b) of section 10 -222c, as amended by this act, that the 281
applicant is under investigation or has been disciplined for a finding of 282
abuse or neglect or sexual misconduct or involving the injury or risk of 283
injury to, or impairing the morals of, a minor by a former employer, as 284
defined in section 10 -222c, as amended by this act, unless the 285
investigation resulted in a finding that all allegations were false or 286
unsubstantiated. The provisions of this subsection shall not be 287
construed to cause the state board to investigate any such request or 288
disseminate the results of any national criminal history records check. 289
Sec. 3. Subsection (f) of section 10-232a of the 2026 supplement to the 290
general statutes is repealed and the following is substituted in lieu 291
thereof (Effective July 1, 2026): 292
(f) Notwithstanding the provisions of subsection (g) of section 31-51i, 293
and to the extent permissible under state and federal laws regarding the 294
dissemination of criminal history records, the State Board of Education 295
shall, upon request of a nongovernmental school operator, make 296
available to such nongovernmental school operator requesting 297
information concerning an applicant for a position with such 298
nongovernmental school operator, (1) any information concerning the 299
applicant's eligibility for employment in a position with such 300
nongovernmental school operator requiring a certificate, authorization 301
or permit issued pursuant to chapter 166, (2) whether the department 302
has knowledge that the applicant has been disciplined for a finding of 303
abuse or neglect or sexual misconduct, as defined in section 10 -222c, as 304
amended by this act, or involving the injury or risk of injury to, or 305
impairing the morals of, a minor and any information concerning such 306
a finding, [and] (3) whether the department has received notification 307
that the applicant has been convicted of a crime or of criminal charges 308
pending against the applicant and any information concerning such 309
charges, and (4) whether the department has been notified pursuant to 310
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subsection (b) of section 10 -222c, as amended by this act, that the 311
applicant is under investigation or has been disciplined for a finding of 312
abuse or neglect or sexual misconduct or involving the injury or risk of 313
injury to, or impairing the morals of, a minor by a former employer, as 314
defined in section 10 -222c, as amended by this act, unless the 315
investigation resulted in a finding that all allegations were false or 316
unsubstantiated. The provisions of this subsection shall not be 317
construed to cause the state board to investigate any such request or 318
disseminate the results of any national criminal history records check. 319
This act shall take effect as follows and shall amend the following
sections:

Section 1 July 1, 2026 10-222c
Sec. 2 July 1, 2026 10-221d(f)
Sec. 3 July 1, 2026 10-232a(f)

ED Joint Favorable Subst.

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sHB5327 / File No. 381 12

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None
Municipal Impact: None
Explanation
The bill has no fiscal impact. It expands various requirements related
to hiring employees who would have direct contact with students. The
bill is not expected to impact existing costs to school districts or the State
Department of Education (SDE) associated with hiring decisions.
The Out Years
State Impact: None
Municipal Impact: None

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OLR Bill Analysis
sHB 5327

AN ACT AUTHORIZING THE DISCLOSURE OF AN OPEN
INVESTIGATION OF ABUSE OR NEGLECT OR SEXUAL
MISCONDUCT, INJURY OR RISK OF INJURY TO OR IMPAIRING
THE MORALS OF A MINOR DURING THE HIRING PROCESS OF A
SCHOOL EMPLOYEE.

SUMMARY
This bill makes various revisions to the laws on the disclosure of
certain misconduct-related information during the hiring process of a
prospective school employee and when an applicant cannot be hired,
including:
1. requiring applicants (including those who are contractors) to
state in their application (a) whether they are facing a pending
investigation of abuse, neglect, or sexual misconduct (as they
must already do for any past investigations they faced that were
not found to be unsubstantiated); or (b) whether they faced or are
facing a pending investigation related to injury or risk of injury
to, or impairing the morals of, a minor; and (c) that they authorize
former employers to disclose this information to schoo l
governing entities;
2. requiring school governing entities to (a) inform the State
Department of Education (SDE) if they learn that a job applicant
or employee is under investigation for abuse, neglect, or sexual
misconduct (as they must already do for substantiated findings
of these acts); (b) disclose investigations on injury or risk of injury
to, or impairing the morals of, a minor ; and (c) ask SDE if it has
received any information like this on an applicant;
3. prohibiting school governing entities from offering employment
to applicants being investigated or that have a pending
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investigation for abuse; neglect; sexual misconduct; or situations
involving the injury or risk of injury to, or impairing the morals
of, a minor (they already cannot hire someone with a
substantiated abuse, neglect, or sexual misconduct allegation);
4. expanding the prohibition on schools entering collective
bargaining or other agreements that suppress or expunge certain
information about investigations;
5. allowing eligible and nongovernmental school operators to
request from the State Board of Education ( SBE) information
about, among other things, whether an applicant is under
investigation for abuse; neglect; sexual misconduct; or a situation
involving the injury or risk of injury to, or impairing the morals
of, a minor;
6. specifying that any school board, state or local charter school
governing council, or interdistrict magnet school operator is
considered a former employer for purposes of information
disclosure requirements (as long as they meet the existing criteria
of having employed the applicant within the last 20 years); and
7. making related technical, conforming, and other minor changes.
EFFECTIVE DATE: July 1, 2026
APPLICANT MISCONDUCT AND EMPLOYMENT HISTORY
DISCLOSURE
The law requires school boards, charter school governing councils,
magnet school operators, and supervisory agents of nonpublic schools
(“school-governing entities”) to review an applicant’s employment
history before offering employment if the applicant would have direct
student contact. Through this process, the school -governing entities
seeking to hire must, among other things, (1) review a written statement
by the applicant, (2) contact the applicant’s former employers and
gather information from them on SDE-developed forms, and (3) review
information from SDE on the department’s knowledge of the applicant’s
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engagement in certain misconduct.
The bill generally expands the scope of what former employers and
SDE must disclose to include allegations currently under investigation
and allegations involving the injury or risk of injury to, or impairing the
morals of, a minor (whether or not related to the applicant’s
employment).
Applicant’s Written Statement and SDE-Developed Forms for
Previous Employers
Currently, as part of the applicant’s written statement and the forms
filled out by the applicant’s current and prior employers, all must state
if they know the applicant:
1. had an allegation made against them of abuse, neglect, or sexual
misconduct under investigation by any employer, state agency ,
or municipal police department (that was not found to be
unsubstantiated, and an employer also must reveal any pending
investigation);
2. resigned, was asked to resign, otherwise separated from
employment, or was disciplined for a substantiated allegation of
these acts or while an allegation was pending or under
investigation; or
3. surrendered a professional or occupational license or other
credential or had it suspended or revoked for a substantiated
allegation of these acts or while one was pending or under
investigation.
The bill expands the scope of this inquiry by additionally asking the
applicant and previous employers if the applicant:
1. is currently under investigation for abuse, neglect, or sexual
misconduct;
2. was, or is currently, facing an allegation involving the injury or
risk of injury to, or impairing the morals of, a minor; and
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3. whether any of the actions described above (resignation,
separation, discipline, or surrendering a credential) happened in
relation to an allegation or investigation involving the injury or
risk of injury to, or impairing the morals of, a minor.
The bill makes conforming changes to clarify that certain provisions
apply to all employer, state agency, and local police investigations.
Providing Information to SDE
Currently, school governing entities must notify SDE when an
applicant or employee has been disciplined because of a finding of
abuse, neglect, or sexual misconduct. The bill additionally requires them
to notify SDE of applicants who are currently under in vestigation for
this conduct and for investigations or discipline related to injury or risk
of injury to, or impairing the morals of, a minor.
SDE-Provided Information
By law, school -governing entities must request from SDE
information on:
1. an applicant’s employment eligibility status;
2. whether SDE has knowledge of a substantiated finding of abuse,
neglect, or sexual misconduct against the applicant; and
3. whether SDE has received notification of a criminal conviction or
pending criminal charge against the applicant.
The bill expands the information that SDE must release to school -
governing entities to also include if it knows of any (1) pending
investigation of abuse, neglect, or sexual misconduct or (2)
substantiated finding or pending investigation of an allegation
involving the injury or risk of injury to, or impairing the morals of, a
minor.
Applicants Who Are Contractors
By law, a contractor’s employee who will have direct student contact
must make the same disclosures as an applicant for employment with a
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school-governing entity. The bill expands the requirements for
information disclosure and sharing for these employees in the same way
as for job applicants described above.
Additionally, for any of its current employees who will have contact
with children, a contractor must (1) contact any of that employee’s
current or former employers that were school -governing entities or
caused the employee to have contact with children and (2) request from
them any information about whether there was a finding of abuse,
neglect, or sexual misconduct against the employee. The bill expands
this to include any (1) pending or open investigation and (2) finding,
pending, or open investigation i nvolving injury or risk of injury to, or
impairing the morals of, a minor. By law and under the bill, the
contractor must report all of this information to the school -governing
entity.
Additionally, under existing law, a school -governing entity must
give on request, to any other school -governing entity or to the SDE
commissioner, information it has about a finding of abuse, neglect, or
sexual misconduct on someone being considered for a job as a direct
employee of another education employer or a contractor. The bill
similarly expands this provision to apply to investi gations and any
investigation or finding that includes an allegation of injury or risk of
injury to, or impairing the morals of, a minor.
CONTRACT AND AGREEMENT RESTRICTIONS
By law, a school -governing entity cannot enter into a collective
bargaining agreement, employment contract, resignation or termination
agreement, severance agreement, or any other contract or agreement, or
take any action with certain effects.
Currently, these agreements and actions cannot suppress
information about an investigation of reported suspected abuse, neglect,
or sexual misconduct by a current or former employee . The bill also
applies this provision to information on an investigation of injury or risk
of injury to, or impairing the morals of, a minor.
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Currently, these agreements and actions cannot require a school-
governing entity to expunge information about an allegation or finding
of abuse, neglect, or sexual misconduct from any documents it
maintains unless, after an investigation, the allegation is dismissed or
found false. The bill (1) adds that these agreements and actions cannot
require expungement of information on allegations or findings related
to injury or risk of injury to, or impairing the morals of, a minor and (2)
raises the standard for expungement by eliminating dismissed
allegations, allowing expungement only when an allegation is found to
be false.
By law, these agreements also cannot affect a school-governing
entity’s ability to report suspected abuse, neglect, or sexual misconduct
to the appropriate authorities.
PROHIBITION OF EMPLOYMENT
By law, school -governing entities cannot offer employment to an
applicant who had any previous employment terminated by, or who
resigned from employment with, another school-governing entity if the
applicant was convicted of violating the mandated reporter law or has
a substantiated abuse, neglect, or sexual misconduct allegation. To get
this information, school -governing entities must document a “good -
faith” effort to contact current and previous employers for employment
that involved the applicant being in contact with children. (Presumably,
this covers only former employers disclosed by the prospective
employee to the prospective school-governing entity employer.)
The bill adds that under this law, potential employer entities also
cannot offer employment if the applicant is being investigated or has a
pending investigation (1) for abuse, neglect, or sexual misconduct or (2)
involving the injury or risk of injury to, or impairing the morals of, a
minor.
This prohibition appears to apply when there is any open
investigation of the types described above at the time of potential hiring
and not just to those related to employment or those required to be
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disclosed under the bill. It is unclear whether a potential employer and
employee would know of all of the relevant investigations that prohibit
employment (for example, if an employee does not disclose them, an
employer does not know of non -employment related investigations, or
investigations were not previously reported to SDE). In addition,
because the bill does not clarify when an investigation ends, it is possible
that an investigation could remain open and prohibit the types of
employment covered by the bill indefinitely.
SCHOOL OPERATORS REQUESTING APPLICANT MISCONDUCT
INFORMATION FROM SBE
By law, eligible and nongovernmental school operators (see
BACKGROUND) may request from SBE information about (1) the
applicant’s employment eligibility for a certified position; (2) whether
SDE knows of prior applicant discipline for a finding of abuse, neglect,
or sexual misconduct; or (3) whether SDE has received notice of criminal
charges pending, or criminal convictions against, an applicant and
information about the charges.
The bill adds that eligible and nongovernmental school operators can
also request from SBE information about whether SDE:
1. knows of prior applicant discipline for a substantiated finding
involving the injury or risk of injury to, or impairing the morals
of, a minor; or
2. has been notified by a former employer that the applicant is
under investigation for abuse ; neglect; sexual misconduct; or a
situation involving the injury or risk of injury to, or impairing the
morals of, a minor, unless the investigation resulted in a finding
that all allegations were false or unsubstantiated.
BACKGROUND
Eligible School Operators
By law, “eligible school operators” are schools or school districts
authorized to receive national criminal history record information from
the FBI under federal law. These operators include the following
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entities:
1. local or regional boards of education,
2. the Technical Education and Career System (the technical high
school system), and
3. interdistrict magnet school operators that are not third -party
nonprofit corporations approved by the SDE commissioner.
Nongovernmental School Operators
By law, nongovernmental school operators are:
1. third-party, nonprofit interdistrict magnet school operators that
are approved by the SDE commissioner;
2. state or local charter school governing councils;
3. SBE-approved (a) endowed or incorporated academies and (b)
special education facilities;
4. private school supervisory agents; or
5. private providers of special education services.
COMMITTEE ACTION
Education Committee
Joint Favorable Substitute
Yea 45 Nay 0 (03/16/2026)