Bill Text: IN HB1348 | 2010 | Regular Session | Introduced
Bill Title: School employee records; misconduct.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Education [HB1348 Detail]
Download: Indiana-2010-HB1348-Introduced.html
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.
January 13, 2010, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
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.
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.
(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.
(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
(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.
(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)).
