HOUSE MEMORIAL 57

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Linda M. Trujillo and Andrea Romero

 

 

 

 

 

A MEMORIAL

REQUESTING THE PUBLIC EDUCATION DEPARTMENT TO CONVENE A TASK FORCE TO IDENTIFY ISSUES OF CONCERN REGARDING ETHICAL MISCONDUCT AND TO DEVELOP A STRATEGIC PLAN TO AMELIORATE THOSE CONCERNS.

 

     WHEREAS, it is the duty of the state and local education agencies to ensure that the educational environment is safe and conducive to learning; and

     WHEREAS, the ethical misconduct of any public school employee or contractor in the educational environment jeopardizes the public's trust in public education and can cause serious and irreparable harm to students; and

     WHEREAS, there are limited resources for investigating allegations of ethical misconduct involving moral turpitude and limited options for reporting such allegations or substantiated allegations to the public education department; and

     WHEREAS, without the resources to conduct a thorough investigation to substantiate or disprove allegations of ethical misconduct and with limited options for reporting substantiated allegations to the public education department, the educational environment is jeopardized; and

     WHEREAS, absent a statewide process of recording disciplinary action related to ethical misconduct, employees and contractors may find other employment with no avenue for employers to learn of past ethical misconduct; and

     WHEREAS, there are existing laws and rules in New Mexico that need to be modified and enforced more effectively in order to better address issues of ethical misconduct; and

     WHEREAS, other states have addressed similar issues and legislated solutions that may serve as possible models for New Mexico; and

     WHEREAS, it is critical for the safety of all students that the state address these issues;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the public education department be requested to convene a task force by August 1, 2019 to identify issues of primary concern within the state's education system regarding investigating, reporting and documenting ethical misconduct involving moral turpitude and to develop a strategic plan to ameliorate such concerns; including hiring practices, training practices, reporting practices and policies; and

     BE IT FURTHER RESOLVED that the task force be requested to study possible legislative changes to existing statutes pertaining to the state's Public School Code regarding staff ethical misconduct involving moral turpitude in relation to investigations, reporting to the public education department and a statewide process for recording disciplinary action concerning ethical misconduct involving moral turpitude that can be accessed by all local education agencies; and

     BE IT FURTHER RESOLVED that the task force be composed of one member of each of the following entities, appointed by the secretary or leader of each:

          A. the public education department, who shall serve as chair;

          B. the national education association;

          C. the American federation of teachers;

          D. the children, youth and families department;

          E. school board associations;

          F. the New Mexico coalition of educational leaders;

          G. the office of the attorney general;

          H. the public school insurance authority;

          I. the Albuquerque public school district;

          J. a parent teacher association or a parent teacher organization;

          K. the New Mexico coalition of sexual assault programs; and

          L. cooperative educational services; and

     BE IT FURTHER RESOLVED that the task force be requested to present to the governor, the speaker of the house of representatives and the president pro tempore of the senate a report on its findings and recommendations, including its specific recommendations for improvements for public school investigations and reporting, no later than October 1, 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of public education, the governor, the speaker of the house of representatives and the president pro tempore of the senate.

- 4 -