HM 57 — SCHOOL ETHICAL CONDUCT TASK FORCE

HOUSEA MEMORIAL 57REQUESTING 54THTHE LEGISLATURE-PUBLIC STATEEDUCATION DEPARTMENT TO CONVENE A TASK FORCE TO IDENTIFY ISSUES OF NEWCONCERN MEXICOREGARDING -ETHICAL FIRSTMISCONDUCT SESSIO,AND 2019TO INTRODUCEDDEVELOP BYA LindaSTRATEGIC M.PLAN TO AMELIORATE THOSE CONCERNS.

Trujillo7 andWHEREAS, Andreait Romerois 6the 8duty 10of Athe MEMORIALstate REQUESTINGand THElocal PUBLICeducation EDUCATIONagencies DEPARTMENTto TOensure CONVENEthat Athe TASKeducational FORCEenvironment TOis IDENTIFYsafe ISSUESand OFconducive CONCERNto REGARDINGlearning; ETHICAL MISCONDUCT AND TO DEVELOP A STRATEGIC PLAN TO AMELIORATE THOSE CONCERNS.

16and WHEREAS, it is the dutyethical misconduct of theany statepublic andschool localemployee educationor econtractor tin 17the agencieseducational toenvironment ensurejeopardizes that the educationalpublic's environmenttrust isin safepublic education and wcan lcause nserious dand 18irreparable conduciveharm to learning;students;

and =WHEREAS, =there 19are alimited lresources WHEREAS,for theinvestigating allegations of ethical misconduct ofinvolving anymoral publicturpitude schooland ilimited aoptions efor rreporting 20such employeeallegations or contractorsubstantiated inallegations theto educational environment a t m m 21 jeopardizes the public's trust in public education anddepartment; can d r e 22 cause serious and irreparable harm to students;

and c e s k 23 WHEREAS, therewithout arethe limited resources forto investigatingconduct e a nthorough binvestigation 24to substantiate or disprove allegations of ethical misconduct involving moral turpitude and uwith [ limited options for reporting such allegations or substantiated .213758.2 allegations to the public education department;department, the educational environment is jeopardized;

and WHEREAS, withoutabsent thea resourcesstatewide toprocess conductof arecording thoroughdisciplinary investigationaction related to substantiateethical ormisconduct, disproveemployees allegationsHM of57 ethicalPage misconduct1 and withcontractors limitedmay optionsfind forother reportingemployment substantiatedwith allegationsno toavenue thefor publicemployers educationto department,learn 6of thepast educationalethical environmentmisconduct; is jeopardized;

and WHEREAS, absentthere aare statewideexisting processlaws ofand recordingrules disciplinaryin actionNew relatedMexico tothat ethicalneed misconduct,to employeesbe modified and contractorsenforced maymore findeffectively otherin employmentorder withto nobetter avenueaddress forissues employers to learn of past ethical misconduct;

and WHEREAS, there are existing laws and rules in New Mexico 12 that need to be modified and enforced more effectively in order to better address issues of ethical misconduct;

and e e 17 WHEREAS, it is critical for the safety of all students e e n d 18 that the state address these issues;

= = l ] 19 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF a l r i 20 REPRESENTATIVES OF THE STATE OF NEW MEXICO that the public t e a t education department be requested to convene a task force by m m 21 e d August 1, 2019 to identify issues of primary concern within the r e 22 c e r c 23 state's education system regarding investigating, reporting and e a n b 24 documenting ethical misconduct involving moral turpitude and to u [ develop a strategic plan to ameliorate such concerns;

including .213758.2 - 2 - 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 6 ethical misconduct involving moral turpitude in relation to investigations, reporting to the public education department and a statewide process for recording disciplinary action HM 57 Page 2 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 12 one member of each of the following entities, appointed by the secretary or leader of each:

e e 17 C.

e e n d 18 D.

= = l ] 19 E.

a l r i 20 F.

t e a t G.

m m 21 e d H.

r e 22 c e r c 23 I.

e a n b 24 J.

a parent teacher association or a parent teacher u [ organization;

.213758.2 - 3 - K.

and BE IT FURTHER RESOLVED that the task force be requested to present to the governor, the speaker of the house of 6 representatives and the president pro tempore of the senate a report on its findings and recommendations, including its HM 57 Page 3 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 12 transmitted to the secretary of public education, the governor, the speaker of the house of representatives and the president pro tempore of the senate.

-HM 457 -Page e4 e9 1725 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .213758.2