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

SPONSOR Jennings

DATE TYPED 2/22/05

HB

SHORT TITLE Public School Employee Licensure Decisions

SB 474

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

SUMMARY

Synopsis of Bill

Senate Bill 474 proposes to amend the School Personnel Act’s definition of “just cause” to pro-

hibit the PED from denying, suspending or revoking a person’s license for a conviction of a

crime that does not affect the employee’s dealings with students

.

Significant Issues

The Criminal Offender Employment Act, authorizes adverse licensure or employment action

“where the applicant, employee or licensee has been convicted of a felony or a misdemeanor in-

volving moral turpitude and the criminal conviction does not directly relate to the particular em-

ployment, trade, business or profession, if the board or other agency determines after investiga-

tion that the person so convicted has not been sufficiently rehabilitated to warrant the public

trust. . .” The section also provides, “Completion of probation or parole supervision or expira-

tion of a period of three years after final discharge or release from any term of imprisonment

without any subsequent conviction shall create a presumption of sufficient rehabilitation.” The

Public School Code requires the PED to make licensure decisions based upon the Criminal Of-

fender Employment Act.

Senate Bill 474-- Page 2

PERFORMANCE IMPLICATIONS

The standard for determining if a person with a criminal conviction should have a teaching li-

cense is already contained in the Criminal Offender Employment Act, which provides that if an

offense is unrelated to that person’s employment, then the PED must show that the person is not

sufficiently rehabilitated to warrant the public trust.

The Public School Code states “The primary responsibilities of the teaching and school admini-

stration professions are to educate the children of this state and to improve the professional prac-

tices and ethical conduct of their members.” The PED relate that allowing more individuals with

criminal convictions into the educational profession may not comport with advancing ethical

conduct.

FISCAL IMPLICATIONS

No fiscal impact unless there is evidence that an agencies actions constituted unlawful discrimi-

nation.

ADMINISTRATIVE IMPLICATIONS

SB 474 may result in more licensure hearings if individuals assert their convictions do not affect

their dealings with students.

TECHNICAL ISSUES

The PED believes language in the bill stating “a crime that does not affect the employee’s deal-

ings with students” is ambiguous and may be too subjective.

OTHER SUBSTANTIVE ISSUES

The Americans with Disabilities Act may require employers to ignore some past violent or

criminal behavior when it is the result of mental illness or behavioral disabilities such as alcohol-

ism. More sweepingly, the federal Equal Employment Opportunity Commission holds that for

employers to take workers’ criminal records into account subjects racial minorities to “disparate

impact” and must therefore be justified by “business necessity”.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The “just cause” definition within the School Personnel Act will continue to mean “a reason that

is rationally related to an employee’s competence or turpitude or the proper performance of his

duties and that is not in violation of the employee’s civil or constitutional rights.”

AHO/yr