Citations Affected:
IC 5-2-5-15
;
IC 20-5-2-7
; IC 20-6.1;
IC 31-33-5
;
IC 34-30-2-84.5
;
IC 35-42-4-7.
Synopsis: School employees and children. Enables school
corporations to obtain limited and national criminal history checks for
all employees rather than only for new employees. Makes conforming
changes in the policies that schools may adopt concerning criminal
history checks. Enables the professional standards board to suspend a
teacher's license for certain noncriminal behaviors. Requires certain
officials to report when a teacher is arrested for or convicted of a crime
or is dismissed or resigns because of certain behaviors. Provides civil
immunity for making these reports. Provides uniformity in the grounds
for which licenses may be revoked and the contracts of permanent and
semipermanent teachers may be canceled concerning sexual
misconduct with a minor. Enables teachers charged with certain crimes
to be suspended without salary. Requires certain persons to report to
authorities when they believe that a child is the victim of certain
crimes. Changes the law concerning seduction of a child at least 16
years of age to add behaviors that constitute the offense and to expand
coverage to all employees of a child's school.
Effective: July 1, 2002.
January 8, 2002, read first time and referred to Committee on Rules and Legislative
Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
with the qualified entity.
(c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check for convictions described
in
IC 20-5-2-8.
The department shall respond to the request in
conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the United States attorney
general under 42 U.S.C. 5119a.
(e) This subsection applies to a qualified entity that:
(1) is not a school corporation or a special education cooperative;
or
(2) is a school corporation or a special education cooperative and
seeks a national criminal history background check for a
volunteer.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in
IC 20-5-2-8
and convey the determination to the
requesting qualified entity.
(f) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check for the
purposes determining whether to employ or continue the
employment of a certificated employee or a noncertificated
employee of a school corporation or an equivalent position with
a special education cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in
IC 20-5-2-8
with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
JULY 1, 2002]: Sec. 7. (a) A school corporation, including a school
township, shall adopt a policy concerning criminal history information
for individuals who:
(1) apply are noncertificated or certificated employees of the
school corporation;
(2) are applicants for:
(A) noncertificated or certificated employment with the
school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) (3) seek to enter into a contract to provide services to the
school corporation; or
(3) (4) are employed by an entity that seeks to enter into a
contract to provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a school township, shall
administer a policy adopted under this section uniformly for all
individuals to whom the policy applies. A policy adopted under this
section may require any of the following:
(1) The school corporation, including a school township, may
request limited criminal history information concerning each
applicant or individual who is hired for noncertificated
employment or certificated employment from a local or state law
enforcement agency. before or not later than three (3) months
after the applicant's employment by the school corporation.
(2) Each individual hired for noncertificated employment or
certificated employment may be required to provide a written
consent for the school corporation to request under
IC 5-2-5
:
(A) limited criminal history information; or
(B) a national criminal history background check;
concerning the individual. before or not later than three (3)
months after the individual's employment by the school
corporation. The school corporation may require the individual to
provide a set of fingerprints and pay any fees required for a
national criminal history background check.
(3) Each individual hired for noncertificated employment may be
required at the time the individual is hired to submit a certified
copy of the individual's limited criminal history (as defined in
IC 5-2-5-1
(1)) to the school corporation.
(4) Each individual hired for noncertificated employment may be
required at the time the individual is hired to:
knows that a licensed employee of a school corporation or an
accredited nonpublic school has been arrested for a felony or a
misdemeanor. The chief executive officer or equivalent authority
of the law enforcement agency shall immediately give notice of the
arrest to the superintendent of the school corporation or equivalent
authority for the accredited nonpublic school that employs the
person who was arrested.
(c) This subsection applies when a prosecuting attorney knows
that a licensed employee of a school corporation or an accredited
nonpublic school has been convicted of a felony or a misdemeanor.
The prosecuting attorney shall immediately give notice of the
conviction to the superintendent of the school corporation or
equivalent authority for the accredited nonpublic school that
employs the person who was convicted.
(d) The superintendent of a school corporation or equivalent
authority for an accredited nonpublic school shall immediately notify
the state superintendent when the person knows that a current or former
licensed employee of the school corporation or accredited nonpublic
school has:
(1) been arrested or convicted of an offense listed in subsection
(c). a felony or a misdemeanor;
(2) been discharged from employment for any of the reasons
listed in subsection (a); or
(3) resigned to avoid discharge from employment for any of
the reasons listed in subsection (a).
(c) (e) The board, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the board
to have been convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(2) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor (IC 35-42-4-9).
(9) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(d) (f) A license may be suspended by the state superintendent as
specified in
IC 20-6.1-4-13.
grounds:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school
corporation.
(8) A conviction for one (1) of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Vicarious sexual gratification (IC 35-42-4-5).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7). or
(H) Sexual misconduct with a minor (IC 35-42-4-9).
(I) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
(b) An indefinite contract with a semipermanent teacher may not be
canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches shall
provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal within
thirty (30) days after the teacher receives the evaluation required by
this section, the principal shall provide the teacher with an additional
written evaluation.
consideration.
(2) The teacher shall be furnished, within five (5) days after a
written request, a written statement of the reasons for the
consideration.
(3) The teacher may file a written request for a hearing within
fifteen (15) days after receipt of the notice of this consideration.
(4) When the request for a hearing is filed, the teacher shall be
given a hearing before the governing body on a day no earlier
than five (5) days after filing;
(5) The teacher shall be given not less than five (5) days notice of
the time and place of the hearing.
(6) At the hearing, the teacher is entitled:
(A) to a full statement of the reasons for the proposed
cancellation of the contract; and
(B) to be heard, to present the testimony of witnesses and other
evidence bearing on the reasons for the proposed cancellation
of the contract.
(7) A contract may not be canceled until:
(A) the date set for consideration of the cancellation of the
contract;
(B) after a hearing is held, if a hearing is requested by the
teacher; and
(C) the superintendent has given his the superintendent's
recommendations on the contract; on five (5) days written
notice to him the superintendent by the governing body of
the school corporation, the superintendent shall present his the
superintendent's recommendation on each contract, except on
a superintendent's contract.
(8) Pending a decision on the cancellation of a teacher's contract,
the teacher may be suspended from duty. and
(9) After complying with section 10 of this chapter in the case of
permanent teachers, or section 10.5 of this chapter in the case of
semi-permanent teachers, and this section, the governing body of
the school corporation may cancel an indefinite contract with a
teacher by a majority vote evidenced by a signed statement in the
minutes of the board; the decision of the governing board is final.
The vote to cancel a contract described in subdivision (9) must be
taken by the governing body on the date and at the time and place
specified in subdivision (1).
(b) If a permanent or semi-permanent teacher is suspended under
subsection (a)(8) and except as provided in
IC 20-6.1-5-11
, the
governing body may not (while the teacher is suspended) withhold
from the teacher salary payments or other employment related benefits
that before the suspension the teacher was entitled to receive.
(c) Notwithstanding subsection (b), a permanent or
semipermanent teacher may be suspended under subsection (a)(8)
without salary payments if the teacher is charged with an offense
listed in section 10(6) or 10.5(8) of this chapter. If a teacher who is
suspended without salary payments returns to work, the governing
body shall restore to the teacher all salary that was withheld
during the period of suspension.
(d) The governing body may appoint an agent (who is not an
employee of the school corporation, but who may be a member of the
governing body or an attorney retained to administer the hearing
proceedings under this section) for the purpose of issuing subpoenas
for the attendance of witnesses for either party at the hearing. A
subpoena issued under this section shall be:
(1) served by the party who seeks to compel the attendance of a
witness; and
(2) upon application to the court by the party, enforced in the
manner provided by law for the service and enforcement of
subpoenas in a civil action.