|
|
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
Caucus & COW
Overview
Applies duty to report abuse of minors requirements to school district governing board (governing board) and charter school governing body (governing body) members. Modifies duty to report immoral or unprofessional conduct requirements.
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, a 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. If the report concerns a person who does not have care, custody or control of the minor, the report must be made only to a peace officer. Statute details the individuals subject to the mandatory reporting requirement, such as 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).
The Arizona Prosecuting Attorneys' Advisory Council (Council) must develop a statewide training curriculum on the state's mandatory reporting laws for public school personnel. Each public school must require its personnel to complete this training. Statute also requires the Arizona Department of Education to provide the Council-developed resources and materials to parents, students and private schools (A.R.S. § 15-245).
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 information in good faith as required by the duty to report immoral or unprofessional conduct (A.R.S. § 15-514)
Provisions
1. Subjects a governing board member, governing body member and substitute teacher to duty to report abuse of minors requirements. (Sec. 1)
2. Applies duty to report immoral or unprofessional conduct requirements to governing body members. (Sec. 2)
3. Broadens 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 public school employee engaged in conduct that is subject to duty to report abuse of minors requirements. (Sec. 2)
4. Specifies public school employee includes employment through a third-party contractor. (Sec. 2)
5. Directs 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)
6. States a report to a school resource officer (SRO) or school safety officer (SSO) does not satisfy the duty to report immoral or unprofessional conduct requirement. (Sec. 2)
7. Stipulates that if the immoral or unprofessional conduct that is the subject of the reported suspicions or allegations are sexual in nature, any investigation related to the suspicions, allegations or report is subject to the following:
a) an SRO, SSO or school administrator who receives a report must submit all information relating to the report to a local law enforcement agency; and
b) only a forensic interviewer who has completed statutory training requirements may interview a student identified as a potential victim. (Sec. 2)
8. 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)
9. Defines SSO. (Sec. 2)
10. Makes conforming changes. (Sec. 2)
Amendments
Committee on Education
1. Requires an SRO or SSO, if the SRO or SSO receives a duty to report abuse of minors report, to:
a) immediately notify a law enforcement agency in the appropriate jurisdiction; and
b) submit to the local law enforcement agency all information relating to the report for investigation.
2. Stipulates a student who is identified as a potential victim of reportable offense, as required by the duty to report abuse of minors, may be interviewed only as provided by the local county protocol.
3. Provides that an SSO or SRO, as part of the duty to report abuse of minors, is not prevented from:
a) receiving a voluntary report of a reportable offense from a student who is an alleged victim; and
b) asking a student minimal follow-up questions that are necessary and authorized by the local county protocol.
4. Applies the duty to report immoral or unprofessional conduct investigation requirements to suspected or alleged conduct that is a reportable offense, rather than sexual in nature.
5. Stipulates a student who is identified as a potential victim of the alleged immoral or unprofessional conduct that is a reportable offense may be interviewed only as provided by the local county protocol, rather than only by a forensic interviewer who has completed statutory training requirements.
6. Defines student and reportable offense.
7.
8.
9. ---------- DOCUMENT FOOTER ---------
10. SB 1437
11. Initials CH Page 0 Caucus & COW
12.
13. ---------- DOCUMENT FOOTER ---------