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F I S C A L I M P A C T R E P O R T





SPONSOR: Nava DATE TYPED: 03-08-01 HB
SHORT TITLE: Report School Related Misconduct SB 650
ANALYST: Segura


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



SOURCES OF INFORMATION



State Department of Education (SDE)



SUMMARY



Synopsis of Bill



Senate Bill 650 requires that local school district superintendents report to the Department of Education the identity of any licensed school employee who leaves district employment during or after allegations of school-related misconduct, regardless of the terms of any confidentiality agreement. It further provides that the State Board of Education may take licensure action against any school administrator who fails to abide by the reporting requirement. Further, the individual who makes such a report in good faith is protected from civil damages that could result from submitting the required report.



A second provision of the bill grants that State Board of Education the power to deny renewal of licenses in accordance with procedures already in place for suspension and revocation of licenses.



A third part of the bill provides that the State Board of Education or its designated hearing officer, may apply to district court for the issuance of investigative subpoenas prior to issuing charges for suspension, revocation, or denial of renewal of licenses.



Significant Issues



According to SDE, the provisions of this bill are important to preventing licensed educators who have left school employment amid allegations of professional misconduct from moving around the state from district to district without the issue of the misconduct being resolved or concluded Districts may enter into secret agreements with licensed employees who may have committed serious misconduct in exchange for the employee simply agreeing to leave the district. This practice compromises school safety since the next employing school district may not know anything about the allegations. The superintendents reporting requirement and the power to petition in district court for investigative subpoenas will prevent this practice.



ADMINISTRATIVE IMPLICATIONS



SDE indicates they have the resources to absorb the program.



RS/lrs