Relating to education, including requirements related to mandatory reporters, a process for investigating complaints against licensed practitioners, and the responsibilities of the department of education, school districts, charter schools, accredited nonpublic schools, and the board of educational examiners

This bill relates to education, including requirements related to mandatory reporters, the department of education (DOE), school districts, and accredited nonpublic schools, and the responsibilities and membership of the board of educational examiners (BOEE).69 (mandatory and permissive reporters) requires certain persons to report cases of abuse of a child who is under years of age and authorizes those persons to make a report of abuse of a child who is years of age or older.69 to make a report of the abuse of a child, regardless of whether the child is years of age or older. The bill also requires that if the person making the report is a licensed school employee who reasonably believes the person responsible for the injury is a licensed school employee, the person making the report shall identify the licensed school employee when making the report. The bill requires the DOE to develop and implement a process for the reporting and investigation of any incident that arises which may reasonably lead to the conclusion that a licensed practitioner employed by the board of directors of a school district or the authorities in charge of an accredited nonpublic school has violated any law. The bill establishes that the process requires the creation of a committee to investigate these incidents. The bill establishes the composition of the membership of the committee. The bill requires the committee to meet to evaluate the incident and determine whether the licensed practitioner should be placed on administrative leave during the investigation. The bill provides for when incidents shall be reported and the persons to whom incidents shall be reported. The bill prohibits the board or the authorities in charge of an accredited nonpublic school from entering into certain specified contracts related to incidents. The bill immunizes the board or the authorities in charge of an accredited nonpublic school, the board’s or the accredited nonpublic school’s employees and contractors, and the members of the committee against any civil liability arising from discussing a complaint with certain specified persons. The bill provides that the process shall require the board or the authorities in charge of an accredited nonpublic school to collect and retain a written record of incidents. The bill provides that incidents and records related to incidents maintained by the board are not subject to Code chapter (open records). The bill provides for the administrator of a school district or an accredited nonpublic school to be assessed a civil penalty not to exceed $5,000 if the administrator fails to follow the process relating to incidents, and a civil penalty not to exceed $10,000 if the administrator assists in the concealment, or attempted concealment, of an incident or the investigation of an incident.2(14)(b) requires the BOEE to disqualify an applicant for a license or revoke the license of a person for entering a plea of guilty to, or being found guilty of, certain specified offenses.2(14)(b). Current law requires the BOEE to adopt rules related to complaints that are filed by individuals who have personal knowledge of an alleged violation and the investigation of those complaints. The bill requires the BOEE to adopt rules that require the collection and retention of those complaints and the evaluation of complaints that did not result in any discipline if similar complaints are filed against the teacher. The bill also provides that if a licensed practitioner is required to take a course designed to prevent future violations, the licensed practitioner shall not be required to complete a course that is offered by a specific person. The bill requires the BOEE to adopt rules that require the BOEE to notify the school that employs, or is seeking to employ, a teacher who is the subject of an investigation of the existence and nature of the complaint filed against the teacher. Additionally, the bill requires a school district to contact the BOEE to determine if certain specified individuals are the subject of an investigation prior to hiring the individual. Current law provides that the BOEE consists of members, including members of the general public, member who is the director of the DOE or the director’s designee, and members who are licensed practitioners. The bill modifies this provision to require that at least six members of the BOEE be members of the general public and that at least four members be licensed practitioners. The bill provides that the public members shall have a demonstrated interest in education, but shall not have held a practitioner’s license, served on a school board, or been employed by a school. The bill provides that these modifications apply to appointments to the BOEE made on or after the effective date of the bill.