NEW LEGISLATION

Signed into law.

May 23, 2008 - The governor signed a new law in Arizona that requires educators to immediately notify schools when they are arrested or when charges are pending. Failure to do so calls for immediate termination and exclusion from future employment as a teacher.

In addition, the bill that was passed unanimously in both the house and the senate requires that the Department of Public Safety to inform school districts directly whenever an educator is arrested or charged.

In the past the Department of Public Safety notified the Department of Education that was supposed to notify the school district.

The law is the result of the arrest of Angela Csader, a 25-year-old elementary school teacher who had a baby with a 16-year-old student. Police learned of the situation more than a year before Csader resigned, but since the boy and his parents did not want to prosecute, prosecution was delayed. Even after her arrest, she remained in the classroom for six more months. TT entry for Csader.

Teacher Misconduct

Closing "loopholes" in California's teacher credentialing law.

May 15, 2008 -

The California Senate has unanimously approved legislation to revoke the licenses of teachers who plead no contest to certain sex crimes or drug offenses.

The bill by Republican Sen. Bob Margett of Arcadia closes a loophole in California's teacher credentialing law. It had allowed teachers charged with serious crimes to avoid automatically having their licenses suspended and later revoked by pleading no contest to a lesser offense.
The bill was prompted by an Associated Press investigation last year into sexual misconduct by teachers. It passed 40-0 and now goes to the Assembly.

The AP's investigation in California confirmed at least 313 cases in which teachers had been punished for sexual misconduct. That included dozens involving pleas of no contest, a common legal agreement that allows a defendant to avoid a trial or civil liability but still leads to conviction.

Margett's bill also would extend the statute of limitations for disclosing past teacher misconduct.

Under current California law, the results of misconduct allegations are sealed by the California Teacher Credentialing Commission after one year. That restricts the ability of school administrators to confirm a teaching candidate's complete record if they learn later that the applicant lied about his or her background.

Margett's legislation would make the records available for five years instead of one. The California Teachers Association, the state's largest teachers union, testified against the bill.
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TT - The bill is SB1105 You can track it here.

Another "loophole" that would be addressed would be to make revocation permanent, without the possibility of reinstatement if the conviction is for a felony sex offense. Another provision is to immediately suspend the credential of any holder who is required to register as a sex offender.

Legislation Watch

LEGISLATION WATCH

April 9, 2008 - The Illinois House approved a measure that would require school districts to share information about employees who have been the subject of reports to DCFS (Department of Children and Family Services,) which handles child abuse or negligence complaints.

The House voted 114-0 to approve the measure, which now moves to the Senate for further review. At present , school districts might not know a potential teacher has had issues because past employers don’t share it, perhaps for fear of being sued. The new plan would make that disclosure mandatory.

The legislation is House Bill 4252. You can track the bill here.

May 29, 2008 - The bill has passed both houses.
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TT - The bill is in response to the sordid school district actions that shifted child molester Jon White from one elementary school in Normal, IL to another elementary school in Urbana, IL, despite knowing that White had been found viewing pornography in the classroom and despite a parent complaint about his conduct. He was even given a glowing letter of recommendation after he was forced to resign. He went on to molest eight other children in Urbana. TT entry

However, White was never reported to DCFS by school officials in Normal. They were simply too eager to get rid of him. He was sentenced last week to 48 years in prison and is awaiting sentencing in McClean county. At his sentencing hearing for abusing 8 students, one Thomas Payne teacher sent a letter of support for him.

Teacher Quality

March 14, 2008 - Indiana Gov. Mitch Daniels signed a number of bills, but not his one. Daniels vetoed.

House Bill 1210 — The bill would have allowed an individual who failed the teacher licensing exam twice to demonstrate proficiency to the Department of Education. The individual would have had to successfully complete all other requirements of a teacher education program; attain certain grade-point averages; and demonstrate a successful student teaching experience.

HB 1210 Digest Latest printing PDF

Proposed Legislation

PROPOSED LEGISLATION

Feb 8, 2008 - It always pays to check. An Orlando Sentinel blog reported that an education ethics bill would forfeit pensions for those convicted of molesting children or "other serious crimes."

If the threat of prison wasn't enough, Florida's public employees - including teachers - may be forced to forfeit their pensions if they are convicted of molesting children or committing other serious crimes.

The legislation as proposed actually does a little more than that. From The Ledger: As written, the bills or amendments would prohibit school districts from signing confidentiality agreements with teachers accused of misconduct. There would be a one-year salary losses for school boards and superintendents who fail to investigate or report child abuse complaints. And there is provision that action could be taken against the licenses of teachers who fail to report abuse by colleagues.

The committee wants districts to establish a list of crimes and delinquent acts that would serve as an absolute bar to hiring or retaining a teacher.
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TT - Neither story provides a link to the proposed legislation. The Committee Meeting Packet for Feb 6 contains details.

Interestingly, the St. Petersburg-Times abbreviated the AP story to eliminate comments by a lobbyist for a Superintendent's group and comments by a teacher's union lawyer.

Forfeiture of a public pension is the law in New Jersey and we occasionally find a case where the pension has been forfeited by a state employee or a teacher. We're pretty sure however, that elected officials in N.J. made darn sure that they would be exempt from that kind of oversight.

Permanent Revocation

LEGISLATION WATCH

In Utah, the House Education Committee voted unamimously passed HB286, which would permanently revoke the license of any teacher who molests a student or any other child. The bill was an outgrowth of the conviction of Frank Laine Hall, a Riverton teacher, who was convicted of molesting his students and his license was revoked for 25 years. TT entry

Text of the bill
Tracking the bill
You can also sign up for e-mail notification to be alerted for changes in the text or the status of the bill.

FOLLOWUP June 4, 2008 - The bill was substituted in the Senate. The new bill is HB 286 Substitute. The bill was signed into law March 17, 2008.
Text of the substitute bill

Law

August 9, 2007 - Texas has passed a law requiring school districts to add a course on preventing dating violence.

According to the new law, schools must provide a definition of dating violence, safety planning, counseling and awareness education for students and parents.

"We go into schools, K through 12, public schools, private schools, alternative schools and teach about bullying and anti-violence," First Start Coordinator Taryn Daniels said.

The state legislature passed House Bill 121.

TT - They have more sense than say, Colorado, where they would overreach and make 2nd graders assemble for the lecture.

Law

Updated - Signed by the governor.

News story dated Apr 18 -
New legislation sponsored by John Oceguera (D-Las Vegas) would require the Nevada Department of Education to adopt regulations regarding the notification, tracking and monitoring of the status of criminal cases involving teachers was approved by the Assembly today.

Oceguera introduced AB 313 to correct a problem highlighted in a case in Clark County two years ago when a substitute teacher was found to have pled guilty to sexually assaulting an eight year-old boy. The teacher's license was suspended and he was barred from returning to the classroom, but the State Board of Education learned of the situation through a media report.

Text (as introduced) AB 313

Bill was supported by the Nevada State Education Association.
Current status: Most Recent History Action: May 30, 2007 - Chapter 142.
Signed by the Governor - Effective July 1, 2007

Legislation

With little fanfare, Louisiana passed a law criminalizing teacher-student sex.

House Bill 969 creates the crime of prohibited sexual contact between an educator and a student when the victim is 17 years of age or older, but less than 19 years of age, when the victim is not the spouse of the offender and is a student at the school where the educator is assigned, employed or working at the time of the offense. Under the legislation, consent of a student 17 years of age or older or not knowing the student's age are not defenses.

Penalties include a fine of not more than $1,000 or imprisonment for not more than six months, or both. Second or subsequent offenses carry a fine of not more than $5,000 and imprisonment, with or without hard labor, for one to five years.

The bill awaits gubernatorial consideration.

From HOUSE NOTES
The Latest News from the State Capitol, Louisiana House of Representatives, Regular Session Wrap-Up, July 3, 2007
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Signed into law, July 9, 2007

Misconduct Reporting

July 19, 2007 - Found in an Albuquerque Tribune story about the voyeurism teacher in New Mexico.

The state has new laws that require school district officials to report allegations of teacher misconduct to the bureau to prevent the movement of problem teachers around the state. In the past, some districts have hired teachers whose licenses have been suspended or revoked.

In 2006, two Albuquerque educators lost their licenses after investigations into misappropriation of funds and sexual relations with a student.

The bureau conducted more than 100 investigations in 2006, revoked the licenses of 17 educators and suspended three others. The 20 actions set a three-year high, which state officials said reflected a tougher stance on teacher misconduct.

Districts are not notified of actions against a teacher's license until after the teacher is on the job. License checks are done on the 40th, 80th and 120th day of school, state officials said.

TT - What they don't tell you is that ten of the 17 involved sex crimes, pornography and sexual relationships with students. As of November 2006, the department's Ethics Bureau was investigating 104 cases of teacher misconduct. "Those include 27 cases carried over from 2005." TT - LINK

It's worth following education stories in New Mexico.
TT - LINK and LINK