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

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 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. The bill requires the director of the DE to develop and implement a process for the reporting and investigation of any incident that arises which may reasonably lead to the conclusion that any individual who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, including an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the BOEE, has committed a felony 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 provides that the process shall prohibit 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 also provides that the process shall require the board, the authorities in charge of an accredited nonpublic school, and charter schools to finalize the investigation of an incident even if the employee resigns or the employee’s contract is terminated and to take certain specified actions with respect to employees who do not hold a license, endorsement, certification, authorization, or statement of recognition issued by the BOEE, including actions related to retaining complaints and notifying potential employers of complaints and reports. 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. The bill modifies this provision to also require the disqualification of an applicant for licensure, or the revocation of a license, if the BOEE has found by a 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 finalize the investigation of these complaints even if the licensed practitioner resigns or surrenders the licensed practitioner’s license, certificate, authorization, or statement of recognition during the investigation. 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 notify the public when a licensed practitioner who is the subject of an ongoing investigation has a case pending with a finding of probable cause. 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 modifies the membership of the BOEE. The bill establishes that the BOEE shall consist of members. Six of the members shall be the parent or guardian of a student who is either currently enrolled or has been enrolled within the seven years immediately preceding the member’s appointment in a school district, accredited nonpublic school, or charter school. Five of the members shall be licensed practitioners, including one administrator and one special education teacher. The bill makes conforming changes. The bill provides that the terms of office of the current members of the BOEE shall, as of the effective date of the bill, be deemed to have expired. Additionally, the bill provides that five of the members of the BOEE first appointed by the governor on or after the effective date of the bill shall serve an initial term of two years, and six of the members shall serve an initial term of four years. The bill requires the governor to indicate whether the appointee’s term shall be for two years or for four years. The bill requires school districts, accredited nonpublic schools, and charter schools, 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.