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Existing law (Education Code section 44939.5 which was amended by AB 2534) requires that, upon inquiry, a school district, county office of education, charter school, or state special school  that has made a report of a certificated employee’s egregious misconduct to the California Commission on Teaching Credentialing (“CTC”) disclose this fact to a school district, county office of education, charter school, or state special school considering an applicant for certificated employment.[2] 

Changes for California Private Schools

Effective January 1, 2026, SB 848 amends Education Code section 44939.5 expanding this requirement to include private schools and diagnostic centers operated by the State Department of Education.

Changes for California Private Schools and Covered Local Educational Agencies (“LEAs”)

Effective January 1, 2026, SB 848 adds Education Code section 44051 to require a similar process for noncertificated (classified) applicants seeking employment with a school district, county office of education, charter school, state special school or diagnostic center operated by the department, and/or a private school.  SB 848 applies to applicants for any type of employment with a private school.  Specifically, section 44051 requires an applicant for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or any position at a private school to provide their prospective employer with a complete list of every educational institution at which the employee has been employed. Prospective employers must inquire with each listed agency as to whether the applicant was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct “that were used to support a substantiated investigation.”[3]  The former employer is also required to provide the inquiring agency with a copy of all relevant records in its possession regarding egregious misconduct when responding to an inquiry.

Notably, there is no statutory or regulatory reporting requirement for noncertificated employees.  In contrast, LEAs are required to notify the CTC when a certificated employee has a change in employment status because of an allegation of misconduct, or while an allegation of misconduct is pending. (5 CCR § 80303.). To address this, SB 848 added Education Code section 44052 to have the CTC create a statewide data system for tracking noncertificated complaints and investigations of egregious misconduct. However, the provisions of Education Code section 44052 are “contingent upon an appropriation for these purposes in the annual Budget Act or another statute.”  Thus, until the funding is provided, the requirements of section 44052 are not triggered.  AALRR will continue to track whether funds are appropriated for the data tracking system, as it would trigger additional reporting requirements for school employers.

SB 848 Toolkits

These new requirements during the application and hiring process present new legal issues and an urgent need for private schools and LEAs incorporate new steps into the hiring process.  It also places new demands on Human Resources departments, which will both be making and responding to inquiries under SB 848.

To that end, we have developed a comprehensive SB 848 Toolkit for Private Schools and an SB 848 Toolkit Addendum to AB 2434 Toolkit to assist covered educational entities in complying with the new requirements during the application and hiring process.  Please note, the SB 848 Toolkit Addendum expands on AALRR’s existing AB 2534 Toolkit.

The SB 848 Toolkit for Private Schools provides you with template inquiry letters, template response letters, a comprehensive Frequently Asked Questions document regarding the implementation of SB 848, and a comprehensive “egregious misconduct” reference charge for human resource staff.

The SB 848 Toolkit Addendum provides you with template inquiry letters for noncertificated applicants, an updated inquiry letter for certificated applicants, template response letters, a comprehensive Frequently Asked Questions document regarding the implementation of SB 848, and complimentary 30-minute advising session with one of our firm’s SB 848 knowledgeable attorneys.

Click here for more information about the SB 848 Toolkit for Private Schools and SB 848 Toolkit Addendum. 

[1] Please note, SB 848 is a comprehensive bill the Legislature intended to address pupil safety and school employee misconduct disclosure for both public and private K-12 employers.  AALRR’s SB 848 Toolkits only address the egregious misconduct disclosure requirements applicable under SB 848.

[2] Read more about AB 2534 here: https://www.aalrr.com/newsroom-alerts-4077.

[3] This is the phrasing of Education Code section 44051.