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FAIRFIELD, Calif. \u2014 When a Fairfield school district fired veteran math teacher Jason Agan after an independent panel concluded he had sexually harassed female students, administrators believed they had protected students and permanently removed him from the classroom. Instead, California suspended his teaching credential for only seven days, allowing him to continue teaching at other schools.<\/p>\n
That case became the centerpiece of a joint KQED-ProPublica investigation <\/a>that uncovered broader weaknesses in California\u2019s educator disciplinary system, revealing that dozens of educators retained their credentials after school districts found they had engaged in sexual misconduct. <\/p>\n The reporting has prompted renewed calls for transparency in California, attracted the attention of state lawmakers and triggered a forceful response from the Trump administration<\/a>, which has warned states that failures to address sexual misconduct could jeopardize federal education funding.<\/p>\n For communities across Northern California\u2014including Fairfield, Davis, Sacramento and dozens of other school districts operating under the same credentialing system\u2014the investigation raises broader questions about whether California\u2019s laws adequately protect students while giving parents and hiring districts enough information to make informed decisions.<\/p>\n In an interview with the Davis Vanguard, KQED reporter Holly McDede and ProPublica reporter Tracy Jan described how a local investigation evolved into a statewide examination of California\u2019s confidential teacher disciplinary process.<\/p>\n \u201cEssentially that article came about as the result of this big push to get public records from school districts as part of a effort to understand how the state handles complaints of misconduct that are sent to them,\u201d McDede said. \u201cWithin that batch of records, I got these records about a teacher named Jason Agan, a math teacher, a longtime math teacher at the school in the Bay Area in Fairfield.\u201d<\/p>\n According to McDede, the Fairfield case stood out because the district prevailed in a difficult teacher dismissal proceeding after determining Agan had sexually harassed female students. An independent panel also found him unfit to teach.<\/p>\n \u201cHe ultimately was hired at two other schools,\u201d McDede said. \u201cI looked up his credentialing information on the teacher credentialing website and saw that his license had been suspended for seven days.\u201d<\/p>\n The former superintendent who led the dismissal process told McDede she was stunned by the outcome after the district invested significant time and resources to remove the teacher.<\/p>\n McDede said the superintendent described \u201cboth her amazement and shock of being able to fire a teacher to go through this dismissal process because that is rare for a district to win.\u201d After the state imposed only a brief suspension, McDede said, \u201cshe said that she was flabbergasted and she just couldn\u2019t believe it.\u201d<\/p>\n Agan did not grant an interview to ProPublica.<\/p>\n McDede said she and a photographer attempted to contact him at his residence but were unsuccessful.<\/p>\n \u201cBut in public records that we got, he does say that when he touched students, there was no sexual motivation and he only touched students to offer support and encouragement,\u201d she said.<\/p>\n Although the Fairfield case served as the starting point, the reporting expanded well beyond one educator.<\/p>\n \u201cWhat got me interested in this topic was in part because when it comes to teachers, like advocates for victims and people who\u2019ve done work around protecting students, they\u2019ve described this phenomenon as passing the trash,\u201d McDede said. \u201cThat essentially refers to a problematic teacher resigning, getting rehired elsewhere. So that\u2019s kind of been described by people, but I wanted to see if this was actually playing out in practice among teachers.\u201d<\/p>\n After reviewing records obtained from approximately 300 of California\u2019s largest school districts, the journalists found numerous examples suggesting that it was.<\/p>\n \u201cOut of these records we had amassed from these school districts, we were able to find at least 67 cases where the state has not revoked the professional licenses of educators after school districts determined they had sexually harassed students or committed other types of sexual misconduct,\u201d McDede said. \u201cAnd within that, we also found that at least 14 of those educators had been rehired at other schools.\u201d<\/p>\n Jan cautioned that the findings almost certainly understate the size of the problem because California\u2019s licensing system provides little public access to disciplinary records.<\/p>\n \u201cThe 67, this is not a finite number obviously because there\u2019s only the number of schools that responded to Holly\u2019s records request to 300 of California\u2019s largest school systems,\u201d Jan said. \u201cBut even though we found at least 14 of them were actually rehired, the others have their educator\u2019s license so they could presumably have the license to work.\u201d<\/p>\n The reporters said California\u2019s confidentiality laws create one of the largest barriers to understanding how educator misconduct is handled.<\/p>\n \u201cThe state licensing agency is prohibited by state law from releasing records,\u201d McDede said. \u201cThere\u2019s no central place where I can get these records. So it\u2019s really a school by school effort.\u201d<\/p>\n Jan described the situation as an unusual contradiction.<\/p>\n \u201cIt is ironic that the state law prohibits the teacher licensing agency from releasing the very records that Holly \u2026 filed public records requests with school systems and got,\u201d she said.<\/p>\n According to McDede, the Commission on Teacher Credentialing told the reporters it is prepared to implement whatever changes lawmakers adopt but emphasized that existing confidentiality requirements are established by state law. The agency also argued that school districts already possess the tools necessary to make sound hiring decisions if they consistently use them.<\/p>\n The issue has begun attracting attention in Sacramento.<\/p>\n \u201cThere are efforts by lawmakers underway related to improving background checks,\u201d McDede said. She noted that state Sen. Josh Becker publicly responded to the reporting and \u201csaid this is a problem and he\u2019s going to see what he can do to change it.\u201d She also said \u201cthe two leading candidates for governor have described this as a problem in response to our reporting.\u201d<\/p>\n The investigation also caught the attention of the Trump administration.<\/p>\n On July 10, U.S. Secretary of Education Linda McMahon issued a seven-page \u201cDear Colleague\u201d letter to state education leaders nationwide citing the KQED-ProPublica investigation and warning schools that failures to address sexual misconduct may violate federal law.<\/p>\n \u201cSexual predators who operate within the walls of American schools depend on institutional silence and complacency,\u201d McMahon wrote. \u201cSuch silence is not only a moral failure but also violates federal law designed to protect our most defenseless class of citizens\u2014our children.\u201d<\/p>\n The guidance specifically referenced California.<\/p>\n \u201cRecent reporting found at least 67 cases in California where the State has not revoked the professional licenses of educators after school districts determined they had sexually harassed students or committed other types of sexual misconduct,\u201d the letter states. \u201cAccording to the reporting, 12 of those teachers remain working in education.\u201d<\/p>\n The Education Department warned that educational institutions receiving federal funding must comply with federal laws governing sexual misconduct investigations and stated that schools failing to meet those obligations could risk losing federal financial assistance.<\/p>\n McDede said she did not anticipate the investigation would become part of a national policy debate.<\/p>\n \u201cSecretary of Education, Linda McMahon, she sent out a memo to state school chiefs citing our reporting, specifically the 67 cases,\u201d McDede said. She added that the administration \u201cannounced a crackdown on how schools handle misconduct around the country.\u201d<\/p>\n Jan said many observers support stronger protections for students while questioning whether the administration\u2019s response also serves broader political goals.<\/p>\n \u201cI think there\u2019s definitely outrage among the students and the parents of the victims,\u201d Jan said. \u201cBut when I was reporting on the McMahon letter, there are a lot of people who think that the letter was an effort at political grandstanding \u2026 because who can argue against trying to crack down on predator teachers?\u201d<\/p>\n Jan also pointed to what she views as another contradiction.<\/p>\n \u201cIt is also ironic that the Trump administration is highlighting this issue while at the same time gutting the education department\u2019s enforcement arm for civil rights cases,\u201d she said.<\/p>\n The reporters noted that California differs from many other states in how much disciplinary information is made public.<\/p>\n \u201cIn California, there is no transparency,\u201d Jan said. \u201cOnce you\u2019re dinged, once you\u2019ve been disciplined by the state teacher licensing agency, there\u2019s a red flag that goes next to your name in the database, but there\u2019s no details that show the public what happened.\u201d She added that \u201cthere are at least 12 states\u201d that publicly disclose the reasons educators have been disciplined.<\/p>\n McDede said the Commission has consistently pointed to California law as the reason for the secrecy.<\/p>\n \u201cThere are confidentiality restrictions and there is a process that\u2019s specific to teachers in California that is different than other licensing agencies,\u201d she said. \u201cThe teacher licensing agency has said to us \u2026 it would be a misdemeanor offense for them to share details related to that investigative process.\u201d<\/p>\n Jan noted that other licensed professions are generally subject to greater public disclosure.<\/p>\n \u201cIf you\u2019re a doctor or a nurse or police officer in California and you\u2019re being disciplined, that is treated very differently than if you\u2019re a teacher in terms of what details could be known to the public,\u201d she said.<\/p>\n For parents, the lack of information can be unsettling.<\/p>\n \u201cThere was one parent who said something like, \u2018Should I just look up all teachers\u2019 credentials at my school and check if they have this red flag and then try to figure out why?’\u201d McDede recalled.<\/p>\n \u201cI think \u2026 more transparency would be helpful in that sense of not knowing is part of what is alarming.\u201d<\/p>\n The reporting also prompted immediate responses from some families.<\/p>\n \u201cThere were two parents who had filed complaints with the school the same week the piece published, and one of those parents filed a Title IX complaint over it,\u201d McDede said.<\/p>\n McDede encouraged parents to make use of California\u2019s Public Records Act if they have concerns.<\/p>\n \u201cAnyone, including parents, can request records from school districts,\u201d she said. \u201cIf they have concerns about a teacher \u2026 parents can request those records.\u201d<\/p>\n She also noted that California law requires school districts to ask previous employers whether an applicant has been the subject of complaints involving egregious misconduct.<\/p>\n \u201cThere is a state law in California that does require schools to ask every single previous employing school district if the teacher has had a complaint of egregious misconduct,\u201d McDede said. \u201cSchools are required to share those records.\u201d<\/p>\n Jan questioned whether those requirements are consistently enforced.<\/p>\n \u201cAnd no one seems to be enforcing this law,\u201d she said.<\/p>\n To comment please go to one of these social media platforms:<\/p>\n Facebook: https:\/\/www.facebook.com\/DavisVanguard<\/a><\/p>\n LinkedIn: https:\/\/www.linkedin.com\/company\/peoples-vanguard-of-davis-inc\/<\/a><\/p>\n Instagram: https:\/\/www.instagram.com\/davisvanguard\/<\/a><\/p>\n X: https:\/\/x.com\/davisvanguard<\/a><\/p>\n Bluesky: https:\/\/bsky.app\/profile\/vanguardnewsgroup.bsky.social<\/a><\/p>\n Subscribe <\/a>to the Vanguard News letters.\u00a0 To make a tax-deductible donation, please visit davisvanguard.org\/donate<\/a> or give directly through ActBlue<\/a>.\u00a0 Your support will ensure that the vital work of the Vanguard continues.<\/p>\n Categories: Breaking News<\/a> Education<\/a> State of California<\/a> Tags: California schools<\/a> Commission on Teacher Credentialing<\/a> Fairfield<\/a> student safety<\/a> Teacher Misconduct<\/a>