SENATE BILL 210
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Cynthia Nava
FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE
AN ACT
RELATING TO PUBLIC SCHOOLS; REQUIRING BACKGROUND CHECKS FOR CERTAIN VOLUNTEERS, CONTRACTORS AND CONTRACTOR EMPLOYEES; 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--ALLEGED ETHICAL MISCONDUCT--REPORTING REQUIRED--LIMITED IMMUNITY--PENALTY FOR FAILURE TO REPORT.--
A. As used in this section:
(1) "contractor or contractor's employee" means a person who, in the course of performing duties under contract with a public school, school district or regional education cooperative, has unsupervised access to public school students; and
(2) "volunteer" means a person who donates time or services to a public school, school district or regional education cooperative and who has unsupervised access to public school students.
[A.] B. 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. Except as otherwise provided in this section, records and related information shall be privileged and shall not be disclosed to a person not directly involved in the licensure [or employment decisions] decision 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 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 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.]
C. An applicant for employment with a school district, charter school or regional education cooperative who has been initially licensed within twenty-four months of applying for employment with a school district, charter school or regional education cooperative shall not be required to submit to another background check if the department has copies of the applicant's federal bureau of investigation record on file. An applicant who has been offered employment shall provide two fingerprint cards or the equivalent electronic fingerprints to the school district, charter school or regional education cooperative. At the request of a school district, charter school or regional education cooperative, 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 records 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.
D. Local school boards, governing bodies of charter schools and regional education cooperatives shall develop policies to require background checks on applicants for unlicensed positions and unlicensed volunteers, contractors and contractors' employees. Applicants, volunteers, contractors and contractors' employees may be required to pay the cost of obtaining the background checks. Procedures for obtaining the background check shall be as provided in Subsection B of this section. 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 decisions whether to employ or contract with a person or allow a person to volunteer.
E. Records and related information [shall be] are privileged and shall not be disclosed to a person not directly involved in the [employment] public school's, school district's or regional education cooperative's decision [affecting the specific applicant who has been offered employment, contractor or contractor's employee with unsupervised access to students at a public school] to:
(1) employ or continue to employ a school employee or an employee of a regional education cooperative;
(2) contract with a contractor or allow a contractor's employee to work or continue to work under a public school, school district or regional education cooperative contract; or
(3) allow a person to volunteer or continue to volunteer in a public school, school district or regional education cooperative.
[D.] F. A local superintendent, charter school administrator or regional education cooperative 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. The state board may suspend or revoke the license of a local superintendent who fails to report a criminal conviction involving moral turpitude of a licensed school employee.]
G. A local superintendent, charter school administrator or director of a regional education cooperative shall investigate all allegations of ethical misconduct about any licensed school employee who resigns, is being discharged or terminated or otherwise leaves employment after an allegation has been made. If the investigation results in a finding of wrongdoing, the local superintendent, charter school administrator or director of a regional education cooperative shall report the identity of the licensed school employee and attendant circumstances of the ethical misconduct on a standardized form to the department within thirty days following the separation from employment. Copies of that form shall not be maintained in public school, school district or regional education cooperative records. No agreement between a departing licensed school employee and the local school board, school district, charter school or regional education cooperative shall diminish or eliminate the responsibility of investigating and reporting the alleged ethical misconduct, and any such agreement to the contrary is void. Unless the department has commenced its own investigation of the licensed school employee prior to receipt of the form, the department shall serve the licensed school employee with a notice of contemplated action involving that employee's license within ninety days of receipt of the form. If that notice of contemplated action is not served on the licensed school employee within ninety days of receipt of the form, the form, together with any documents related to the alleged ethical misconduct, shall be expunged from the licensed school employee's records with the department and shall not be subject to public inspection.
H. The secretary may suspend, revoke or refuse to renew the license of a local superintendent, charter school administrator or regional education cooperative director who fails to report as required by Subsections F and G of this section.
[F.] I. A person who in good faith reports [any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee] as provided in Subsections F and G 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."
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