SENATE BILL 473
47th legislature - STATE OF NEW MEXICO - second session, 2006
INTRODUCED BY
Cynthia Nava
AN ACT
RELATING TO PUBLIC SCHOOLS; REQUIRING REPORTS OF SCHOOL EMPLOYEE MISCONDUCT; PROVIDING THAT SETTLEMENT AGREEMENT CONFIDENTIALITY PROVISIONS DO NOT RELIEVE RESPONSIBILITY FOR REPORTING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 22-10A-5 NMSA 1978 (being Laws 1997, Chapter 238, Section 1, as amended) is amended to read:
"22-10A-5. BACKGROUND CHECKS--KNOWN CONVICTIONS--REPORTING REQUIRED--LIMITED IMMUNITY--PENALTY FOR FAILURE TO REPORT.--
A. An applicant for initial licensure shall be fingerprinted and shall provide two fingerprint cards or the equivalent electronic fingerprints to the department to obtain the applicant's federal bureau of investigation record. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act. Other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the denial, suspension or revocation of a license for good and just cause. Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the licensure or employment decisions affecting the specific applicant. The applicant for initial licensure shall pay for the cost of obtaining the federal bureau of investigation record.
B. Local school boards and regional education cooperatives shall develop policies and procedures to require background checks on an applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school.
C. An applicant for employment who has been initially licensed within twenty-four months of applying for employment with a local school board, regional education cooperative or [a] charter school shall not be required to submit to another background check if the department has copies of [his] the applicant's federal bureau of investigation records on file. An applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school shall provide two fingerprint cards or the equivalent electronic fingerprints to the local school board, regional education cooperative or charter school to obtain [his] the applicant's federal bureau of investigation record. The applicant, contractor or contractor's employee who has been offered employment by a regional education cooperative or at a public school may be required to pay for the cost of obtaining a background check. At the request of a local school board, regional education cooperative or charter school, the department is authorized to release copies of federal bureau of investigation records that are on file with the department and that are not more than twenty-four months old. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act; provided that other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the employment decisions for good and just cause. Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision affecting the specific applicant who has been offered employment, contractor or contractor's employee with unsupervised access to students at a public school.
D. A local superintendent or charter school administrator shall report to the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the licensed school employee.
E. A local superintendent or charter school administrator shall report to the department the identity and attendant circumstances of a licensed school employee who resigns, is removed from or otherwise leaves school employment during or after an allegation of ethical misconduct. The signing of a settlement agreement containing a confidentiality provision does not relieve a local superintendent or charter school administrator from the responsibility of reporting the identity and attendant circumstances of the employee's alleged misconduct.
[E.] F. The [state board] department may suspend or revoke the license of a local superintendent or charter school administrator who fails to report [a criminal conviction involving moral turpitude of a licensed school employee] as required by the provisions of Subsection D and E of this section.
[F.] G. A person who in good faith reports [any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee] as required by the provisions of Subsections D and E of this section shall not be held liable for civil damages as a result of the report; provided that the person being accused shall have the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person."
- 5 -