Introduced Version
HOUSE BILL No. 1348
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-5.5; IC 20-28.
Synopsis: School employee records; misconduct. Provides that certain
employment records of licensed school employees, including
substantiated reports of certain types of misconduct or offenses, must
be provided to a school requesting the records as a part of the hiring
process. Requires a school to report substantiated reports of
misconduct or offenses by a licensed school employee to the state
superintendent of public instruction. Requires records of substantiated
reports of misconduct or offenses be expunged if the subject of the
report is formally exonerated. Provides that a school that enters into an
agreement with a licensed school employee to suppress information
concerning misconduct or ongoing disciplinary investigations or
allowing the employee to resign must report the agreement to the state
superintendent of public instruction. Requires the department of
education to revoke the license of a licensed school employee if the
employee is convicted: (1) in another state or under federal statutes of
an offense; or (2) of a misdemeanor; that is comparable to the felonies
for which the employee's license would be revoked if committed in
Indiana. Allows a governing body to withhold salary and employment
related benefits from a licensed school employee if there is a
substantiated report of certain misconduct or offenses by the employee.
Effective: July 1, 2010.
Bosma
January 13, 2010, read first time and referred to Committee on Education.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1348
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-26-5.5; (10)IN1348.1.1. -->
SECTION 1. IC 20-26-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]:
Chapter 5.5. Employee Records
Sec. 1. (a) As used in this chapter, "licensed school employee"
means an individual employed by a school who is licensed for
employment by the department.
(b) As used in this chapter, "school" means:
(1) a school corporation;
(2) a charter school;
(3) an accredited nonpublic school; and
(4) a school or an educational program operated by:
(A) the department of correction;
(B) the Indiana School for the Blind and Visually
Impaired; or
(C) the Indiana School for the Deaf.
(c) As used in this chapter, "substantiated report" means:
(1) A report from the department of child services under
IC 31-33-8 that substantiates abuse or neglect by a licensed
school employee.
(2) A report from an adult protective services unit under
IC 12-10-3 that determines a student to be an endangered
adult based on the conduct of a licensed school employee.
(3) A formal disciplinary action documented in a licensed
school employee's personnel file after the employee had an
opportunity to challenge and either:
(A) did not challenge; or
(B) unsuccessfully challenged;
the action.
(4) Formal findings regarding the conduct of a licensed school
employee resulting from a hearing or other judicial or
administrative proceeding.
Sec. 2. (a) In reviewing the employment history of an individual
who is applying for a position as a licensed school employee with a
school, the school may:
(1) require the individual to provide:
(A) the name of the school that currently employs the
individual;
(B) the names of all schools that have previously employed
the individual; and
(C) written consent for the current and former school
employers to disclose the information requested under
subdivision (2); and
(2) request the following information from the individual's
current and former school employers:
(A) The dates of the individual's employment.
(B) Whether the individual was the subject of any
substantiated reports, including:
(i) the date of the substantiated report; and
(ii) the conduct identified in the substantiated report.
(C) Whether, on the date the school employer receives the
request for information, the individual is the subject of an
investigation related to an offense set forth under
IC 20-28-5-8(c) or IC 20-28-5-8(d).
(b) A school shall disclose the information requested under
subsection (a) to the requesting school in a timely manner.
(c) A school:
(1) may provide the information requested under subsection
(a) in a standardized form; and
(2) is not required to provide additional information
concerning a substantiated report that is not set forth under
subsection (a)(2)(B).
(d) A school may not use any information received under
subsection (a)(2) for any purpose other than the limited purpose of
determining whether to employ an individual.
(e) A school employee who discloses requested information
under this section has qualified immunity with respect to providing
the information.
Sec. 3. If a school or the governing body of a school enters into
an agreement with a licensed school employee that:
(1) suppresses or has the effect of suppressing information
relating to an ongoing investigation of the employee's alleged
involvement in one (1) or more offenses set forth under
IC 20-28-5-8(c) or IC 20-28-5-8(d);
(2) suppresses or has the effect of suppressing a substantiated
report concerning the employee;
(3) allows the employee to resign in order to avoid further
investigation, disciplinary action, or termination for
immorality, misconduct in office, incompetency, or willful
neglect of duty; or
(4) requires the school to expunge a substantiated report or
information about a substantiated report from records
maintained by the school regarding the employee;
the superintendent or the equivalent authority in a charter or
nonpublic school shall report the terms of the agreement and the
name of the employee to the state superintendent not later than ten
(10) days after the date on which the school executes the
agreement.
Sec. 4. A collective bargaining agreement entered into under
IC 20-29 may not include provisions that are contrary to or
preclude a school's authority or duties under this chapter.
Sec. 5. Upon a current or former licensed school employee's
production of written proof of the employee's formal exoneration
from the claims set forth in a substantiated report, a school holding
a record of the substantiated report shall expunge the
substantiated report and any references to the substantiated report
from the school's records.
SOURCE: IC 20-28-5-8; (10)IN1348.1.2. -->
SECTION 2. IC 20-28-5-8, AS AMENDED BY P.L.121-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), (d), or (e), or when the governing body or equivalent authority for
a nonpublic school takes any final action in relation to an employee
who engaged in any offense listed in subsection (c), (d), or (e).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less than
eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an
offense in another state that is comparable to a felony listed in
subsection (c).
(e) Upon the request of a governing body, the department, after
holding a hearing on the matter, shall permanently revoke the
license of a person who is known by the department to have been
convicted of a misdemeanor that is comparable to a felony listed in
subsection (c).
(f) The department may suspend or revoke under section 7(2) of
this chapter the license of a superintendent or the equivalent
authority in a charter school, nonpublic school, or state operated
school or educational program who fails to comply with the
reporting requirements of IC 20-26-5.5-3.
(d) (g) A license may be suspended by the state superintendent as
specified in IC 20-28-7-7.
(e) (h) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
SOURCE: IC 20-28-7-4; (10)IN1348.1.3. -->
SECTION 3. IC 20-28-7-4, AS ADDED BY P.L.1-2005, SECTION
12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2010]: Sec. 4.
(a) If a permanent or semipermanent teacher is
suspended under section 3(8) of this chapter, and except as provided
in
subsection (b) and IC 20-28-9-18, the governing body may not,
while the teacher is suspended, withhold from the teacher any salary
payments or other employment related benefits that before the
suspension the teacher was entitled to receive.
(b) The governing body may withhold salary payments and
other employment related benefits while a permanent or
semipermanent teacher is suspended under section 3(8) of this
chapter only if the superintendent has received a substantiated
report (as defined in IC 20-26-5.5-1(c)) concerning the teacher.
(c) If the governing body returns a permanent or
semipermanent teacher to duty, the governing body shall
immediately compensate the teacher for the full amount of the
salary and other employment related benefits withheld during the
period of suspension.
SOURCE: IC 20-28-7-13; (10)IN1348.1.4. -->
SECTION 4. IC 20-28-7-13, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 13. (a) Except as provided in section 4 of this
chapter and IC 20-28-9-21, this chapter may not be construed to limit
the provisions of a collective bargaining agreement negotiated under
IC 20-29. The provisions of a collective bargaining agreement may
not alter or preclude a school's authority under section 4 of this
chapter and IC 20-28-9-21.
(b) This chapter does not prohibit a school employer and an
exclusive representative from collectively bargaining contracts that
alter the requirements of sections 1 through 3, sections 5 through 6,
and sections 8 through 12 of this chapter and IC 20-28-9-21
IC 20-28-9-22 through IC 20-28-9-23.
(c) This chapter may not be construed to limit the rights of a school
employer and an exclusive representative (as defined in IC 20-29-2-9)
to mutually agree to binding arbitration concerning teacher dismissals.
(d) If the school employer and the exclusive representative mutually
agree to binding arbitration of teacher dismissals:
(1) the arbitrator shall determine whether the hearing will be open
to the public; and
(2) the written decision of the arbitrator must be:
(A) presented to the governing body in an open meeting; and
(B) made available to the public for inspection and copying.
SOURCE: IC 20-28-9-21; (10)IN1348.1.5. -->
SECTION 5. IC 20-28-9-21, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 21. (a) This section and sections 22 through 23 of
this chapter apply to the suspension of a teacher without pay when the
procedure for the cancellation of the teacher's contract under
IC 20-28-7-3 through IC 20-28-7-5 do not apply.
(b) A teacher may be suspended from duty without pay only for the
following reasons:
(1) Immorality.
(2) Insubordination, which means the 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) Good and just cause.
(6) Conduct covered in a substantiated report (as defined in
IC 20-26-5.5-1(c)).