Sharing Problem-Teacher Data Among States: Why So Difficult?

You may be under the reasonable impression that there is a federal program for sharing problem-teacher data across states. This impression would be incorrect, however: there is no such program.

Even though there is no federal program for sharing problem-teacher data across states, the state of California has established several legal efforts that serve a similar function.

By going over some of these efforts and speaking with a California childhood sexual abuse and assault attorney, you may have an easier time obtaining compensation for the abuse you survived.

The efforts made to protect children from problem-teachers

AB 2534 

California AB 2534, which amends Section 44939.5 of the Education Code, is an assembly bill that strengthens reporting and disclosure requirements related to egregious misconduct. Applicants for certificated positions must provide a complete list of all prior educational employers. Prospective employers then must contact each former employer to check for egregious misconduct records reported to the Commission on Teacher Credentialing (CTC) prior to hiring that teacher.

For example, if a school would like to hire a music teacher and they think they’ve found the right candidate, they need to see if that teacher has any record of misconduct. And, when speaking with prior employers, those prior employers must disclose if this teacher had substantiated allegations of egregious misconduct made against them.

The California Commission on Teacher Credentialing has revoked teaching licenses

The California Commission on Teacher Credentialing may investigate educators who have been accused of misconduct. They have the authority to revoke the licenses of those found guilty of misconduct, based on the Education Code.

To investigate and discipline educators who have been accused of misconduct, the CTC:

• Receives a complaint of teacher misconduct.
• Reviews the allegation and evidence against the teacher.
• Evaluates the offense based on severity, recency, and the possibility of rehabilitation, among other factors.
• Recommends disciplinary action based on the evidence and the nature of the offense.
• Suspends or revokes a teacher’s teaching license, among other disciplinary acts.

The process outlined above can vary, depending on the facts. But this is the form it usually takes.

You can file a misconduct report against a teacher, and, in doing so, it is likely that the CTC will review those complaints. The CTC’s decision can be used as evidence in a lawsuit. This can help you obtain compensation.

SB 848

Senate Bill 848, which will be effective on January 1, 2026, orders the creation of a misconduct database by July 1, 2027, of substantiated egregious misconduct by school employees that will be administered by the CTC.

Schools can access this misconduct database during their employee screening process. Doing so will let them see if the teacher they would like to hire is facing credible accusations of misconduct.

One of the major goals of SB 848 is to prevent teachers from being accused of serious misconduct and then, just moving into another California school district to continue perpetrating that same misconduct.

SB 848 is a great step in the right direction. But the database it outlines is only for the state of California. Although many employers use the NASDTEC Clearinghouse to check educator discipline actions, teachers can still move to another state and resume teaching, even if they were accused of serious misconduct.

You have the right to file a lawsuit

The efforts clarified above are useful. But they are not always sufficient. Problem-teachers still find their way into positions of power and, in doing so, children can still be abused by those they trust.

You have the right to file a lawsuit against the person who abused you as a child. On top of that, you have the right to file a lawsuit against any parties that facilitated, covered up, or contributed in any way to the abuse you survived.

For childhood sexual assault before January 1, 2024, survivors may file until the age of 40 or within five years of discovering abuse. For assaults that occurred on or after January 1, 2024, there is no time limit to file a lawsuit.

What parents and survivors can do

Check teacher credentials

You, as a parent and/or survivor, can check teacher credentials. And, to do this, you can use the CTC’s database. Just type in their name and you’ll see the information that the CTC has organized.

By checking a teacher’s credentials, you can see whether or not they have been accused of disciplinary actions.

Report misconduct

Teacher misconduct of any sort is very serious. You can, and should, report misconduct to the appropriate authorities. Some of these authorities are as follows:

• The principal of your/your child’s school.
• The administrative board that oversees this school.
• The California Commission on Teacher Credentialing.
• The California Department of Education.
• The S. Department of Education’s Office for Civil Rights.

If the misconduct is especially severe, report the abuse to law enforcement or child protective services. You may also want to consult with an attorney who knows how to navigate these cases.

Monitor warning signs

Many forms of sexual abuse are very difficult to notice. But, there are a number of warning signs you may want to keep in mind:

• Your child is experiencing frequent nightmares and/or having a hard time sleeping alone.
• Your child’s mood has shifted, and they are more aggressive, fearful, or sad.
• Your child is self-harming.
• Your child is talking about sexual topics that are inappropriate and/or beyond their age.
• Your child’s behaviors have regressed – bedwetting and thumb-sucking, to name two examples.
• Your child is no longer interested in school, their friends, or other things they once loved.

Every single one of the above could be a sign of abuse. If you believe this is the case, you may want to talk to the authorities listed earlier. Depending on what happens, you may also want to consult with an attorney who can help.

Seek legal help

The state of California allows survivors to file a lawsuit against those who sexually abused them, as well as those who facilitated and/or covered up their abuse.

You can work with the sexual abuse attorneys at Taylor & Ring. We have helped many people obtain compensation for the sexual abuse they suffered as children. Call us today, or contact us using our online form. We are ready to help you.