IC 20-28-5-8

Posted: Mon, 09/26/2011 - 3:42pm Updated: Tue, 07/23/2013 - 12:57pm

Conviction of felony by licensed employee; notice; hearing on revocation; revocation of license
Sec. 8.

(a) This section applies when a prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give written notice of the conviction to the following:

(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of the school corporation that employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed employee.
(3) The presiding officer of the governing body of the school corporation that employs the licensed employee, if the convicted licensed employee is the superintendent of the school corporation.

(b) The superintendent of a school corporation, presiding officer of the governing body, or equivalent authority for a nonpublic school shall immediately notify the state superintendent when the individual knows that a current or former licensed employee of the public school or nonpublic school has been convicted of an offense listed in subsection (c), or when the governing body or equivalent authority for a nonpublic school takes any final action in relation to an employee who engaged in any offense listed in subsection (c).

(c) The department, after holding a hearing on the matter, shall permanently revoke the license of a person who is known by the department to have been convicted of any of the following felonies:

(1) Kidnapping ( IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
(2) Criminal confinement ( IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
(3) Rape ( IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
(4) Criminal deviate conduct ( IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
(5) Child molesting ( IC 35-42-4-3).
(6) Child exploitation ( IC 35-42-4-4(b)).
(7) Vicarious sexual gratification ( IC 35-42-4-5).
(8) Child solicitation ( IC 35-42-4-6).
(9) Child seduction ( IC 35-42-4-7).
(10) Sexual misconduct with a minor ( IC 35-42-4-9).
(11) Incest ( IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(13) Dealing in methamphetamine ( IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance ( IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10(b)).
(19) Possession of child pornography ( IC 35-42-4-4(c)).

(d) A license may be suspended by the state superintendent as specified in IC 20-28-7-7.

(e) The department shall develop a data base of information on school corporation employees who have been reported to the department under this section.

As added by P.L.1-2005, SEC.12. Amended by P.L.246-2005, SEC.159; P.L.151-2006, SEC.8; P.L.121-2009, SEC.10.