Relating to the board of educational examiners, including by modifying provisions related to the time in which complaints concerning licensed school employees having romantic or otherwise inappropriate relationships with students can be investigated, the mandatory reporting of licensed school employees who engage in grooming behavior toward students or the abuse of students, and reporting requirements related to the investigation of complaints against licensees and unlicensed school employees

This bill relates to the board of educational examiners (BOEE), including by modifying provisions related to the time in which complaints concerning licensed school employees having sexual, physical, or otherwise inappropriate relationships with students can be investigated, the mandatory reporting of licensed school employees who engage in grooming behavior toward students or the abuse of students, and reporting requirements related to the investigation of complaints against licensees and unlicensed school employees. Current law requires the BOEE to adopt rules related to the filing of complaints against individuals who hold a license, certificate, authorization, or statement of recognition issued by the BOEE. Current law also requires that the conduct providing the basis for the complaint to have occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of the three-year limitation. The bill provides that the three-year limitation shall also not apply if the conduct constitutes soliciting, encouraging, or consummating a sexual, physical, or otherwise inappropriate relationship with a student or is grooming behavior. Current law provides that all investigative information in the possession of the BOEE, which relates to licensee discipline, is privileged and confidential, and is not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the BOEE, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. The bill provides that these same protections apply to the investigation of a nonlicensed school employee. Additionally, the bill establishes that, notwithstanding these protections, if the investigative information in the possession of the BOEE indicates that a crime has been committed by either a licensee or a nonlicensed school employee, the BOEE is required to report the investigative information to the proper law enforcement agency. Current law requires the board of directors of a school district or area education agency, the superintendent of a school district, the chief administrator of an area education agency, and the authorities in charge of an accredited nonpublic school to report to the BOEE any instance of disciplinary action taken against a licensed school employee for conduct constituting soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student. The bill adds that such a report is also required to be made for conduct that constitutes grooming behavior toward a student or for conduct that constitutes abusing a student.160(1) (reporting requirements) to refer, instead, to a sexual or physical relationship. The bill defines “grooming behavior” as any behavior, which in light of all relevant circumstances, constitutes actions to entice or entrap a student or students with the intent to make such student or students engage in a sex act. Additionally, the bill defines “inappropriate relationship” as an unprofessional relationship for an educator to have with a student, a sexual relationship, a relationship in which sexual harassment or any form of physical or sexual abuse occurs, or a relationship that is not in compliance with generally accepted educational practices.160.