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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: ED DPA 7-0-0-0 | 3rd Read 17-12-1-0 |
SB 1437: mandatory reporting; school employees; investigations
Sponsor: Senator Werner, LD 4
Committee on Education
Overview
Applies requirements relating to the duty to report abuse of minors to school district governing board (governing board) and charter school governing body (governing body) members. Modifies requirements relating to the duty to report immoral or unprofessional conduct by school personnel.
History
A person who reasonably believes that a minor is, or has been the victim of, the following incidents must immediately report or cause reports to be made of this information to a peace officer, the Arizona Department of Child Safety or, if the minor resides on an Indian reservation, tribal law enforcement or social services agency: 1) physical injury; 2) abuse; 3) a reportable offense; 4) neglect that appears to not be accidental; or 5) denial or deprivation of necessary medical treatment, surgical care or nourishment. Statute details the individuals who are required to report such abuse, including specified medical professionals, the minor's guardians, school personnel and any other person responsible for the care or treatment of the minor (A.R.S. § 13-3620).
A certificated person, noncertificated person or governing board member who reasonably suspects or receives a reasonable allegation that a State Board of Education (SBE)-certificated person or noncertificated person engaged in conduct involving minors that is subject to the duty to report abuse of minors must report or cause reports to be made to SBE. Such reports must be made in writing as soon as reasonably practicable but not later than three business days after the person first suspects or receives an allegation of the immoral or unprofessional conduct. A person who in good faith reports or provides information regarding immoral or unprofessional conduct of a certificated or noncertificated person is not subject to an action for civil damages as a result. A governing board or school or school district employee with control over personnel decisions may not take unlawful reprisal against an employee who reports in good faith information as required by the duty to report immoral or unprofessional conduct (A.R.S. § 15-514)
Provisions
1. Subjects a governing board or governing body member to the duty to report abuse of minors. (Sec. 1)
2. Clarifies a substitute teacher is subject to the duty to report abuse of minors. (Sec. 1)
3. Modifies duty to report immoral or unprofessional conduct requirements by:
a) adding a governing body member to those who are subject to the duty to report immoral or unprofessional conduct;
b) broadening the individuals, from an SBE-certificated or noncertificated person to a public school employee, for whom a report must be made if specified individuals reasonably suspect or receive a reasonable allegation that the school employee engaged in conduct subject to the duty to report abuse of minors; and
c) directing a certificated person, noncertificated person, governing board member or governing body member to immediately report or cause reports to be made to a local law enforcement agency. (Sec. 2)
4. Specifies public school employee includes employment through a third-party contractor. (Sec. 2)
5. Adds a governing body member to the individuals who must report to SBE a suspicion or allegation that a certificated or noncertificated person engaged in conduct subject to the duty to report abuse of minors. (Sec. 2)
6. States a report to a school resource officer (SRO) or school safety officer (SSO) does not satisfy the requirement to report immoral or unprofessional conduct. (Sec. 2)
7. Requires, for any investigation regarding suspicions, allegations or report of immoral or unprofessional conduct that are sexual in nature, an SRO, SSO or school administrator who receives a report to submit all information relating to the report to a local law enforcement agency. (Sec. 2)
8. Limits the authority to interview a student who is identified as a potential victim, for any investigation regarding suspicions, allegations or report of immoral or unprofessional conduct that are sexual in nature, to a forensic interviewer who has completed existing statutory training requirements. (Sec. 2)
9. Asserts a school employee, SSO or SRO is not prevented from receiving a voluntary report of sexual conduct by a school employee from a student who is an alleged victim. (Sec. 2)
10. Defines SSO. (Sec. 2)
11. Makes conforming changes. (Sec. 2)
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SB 1437
Initials CH Page 0 Education
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