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, a process for investigating complaints against licensed practitioners, and the responsibilities of the department of education (DE), school districts, charter schools, accredited nonpublic schools, and 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. Additionally, the bill requires full-time school employees who are years of age or older to report cases of abuse of children. The bill also requires that if a person making a report of abuse of children is a licensed school employee who reasonably believes the person responsible for the injury is also a licensed school employee, the person making the report shall identify the licensed school employee when making the report. implement a process for the reporting and investigation of any incident that arises which may reasonably lead to the conclusion that an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the BOEE, and who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or a charter school, has committed certain specified felonies or engaged in certain specified conduct. The bill requires the boards of directors of school districts, the authorities in charge of accredited nonpublic schools, and charter schools to follow this process. The bill prohibits the board, the authorities in charge of an accredited nonpublic school, and charter schools from entering into certain specified agreements related to certain incidents. The bill immunizes the board, the authorities in charge of an accredited nonpublic school, and charter schools, and the board’s, the accredited nonpublic school’s, or the charter school’s contractors against any civil liability arising from discussing an incident, past performance or actions, past allegations leading to discipline, or resignation with certain specified persons. The bill requires the BOEE to assess a civil penalty of not less than $500 and not more than $5,000 against the administrator of a school district, an accredited nonpublic school, or a charter school 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 certain conduct that is required to be reported. Current law requires the BOEE to adopt rules that require the disqualification of an applicant for licensure, or the revocation of a license, if the person entered a plea of guilty to, or has been found guilty of, certain specified offenses. preponderance of the evidence that the person committed certain specified offenses. 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 licensed practitioner. The bill requires the BOEE to adopt rules that require the BOEE to notify the school that employs, or is seeking to employ, a licensed practitioner who is the subject of an investigation of the existence and nature of the complaint filed against the licensed practitioner. Additionally, the bill requires the BOEE to investigate an administrator employed by a school that employs a licensed practitioner who is the subject of an investigation to determine whether the administrator filed a written complaint against the licensed practitioner and to determine whether the administrator was required to report the licensed practitioner to the BOEE. The bill requires school districts, prior to hiring an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the BOEE, to contact the BOEE to determine if the individual is the subject of an ongoing investigation, if a complaint or report has been filed against the individual, or if the individual surrendered a license, endorsement, certification, authorization, or statement of recognition prior to final disposition of an investigation.