(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 secretary of education.
(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
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(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 secretary of education.
(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 secretary of education 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) Except as provided in section 8.5 of this chapter, the department
shall permanently revoke the license of a person who is known by the
department to have been convicted of any of the following:
(1) The following felonies:
(A) A sex crime under IC 35-42-4 (including criminal deviate
conduct (IC 35-42-4-2) (before its repeal)).
(B) Kidnapping (IC 35-42-3-2).
(C) Criminal confinement (IC 35-42-3-3).
(D) Incest (IC 35-46-1-3).
(E) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
(F) Dealing in methamphetamine (IC 35-48-4-1.1).
(G) Manufacturing methamphetamine (IC 35-48-4-1.2).
(H) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
(I) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
(J) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(K) Dealing in a counterfeit substance (IC 35-48-4-5).
(L) Dealing in marijuana, hash oil, hashish, or salvia as a felony
(IC 35-48-4-10).
(M) An offense under IC 35-48-4 involving the manufacture or
sale of a synthetic drug (as defined in IC 35-31.5-2-321), a
synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5 (before its repeal on July 1, 2019)) under IC 35-48-4-10.5 (before its repeal on July 1, 2019), a controlled
substance analog (as defined in IC 35-48-1.1-8), or a substance
represented to be a controlled substance (as described in IC 35-48-4-4.6).
(N) Homicide (IC 35-42-1).
(O) Voluntary manslaughter (IC 35-42-1-3).
(P) Reckless homicide (IC 35-42-1-5).
(Q) Battery as any of the following:
(i) A Class A felony (for a crime committed before July 1,
2014) or a Level 2 felony (for a crime committed after June
30, 2014).
(ii) A Class B felony (for a crime committed before July 1,
2014) or a Level 3 felony (for a crime committed after June
30, 2014).
(iii) A Class C felony (for a crime committed before July 1,
2014) or a Level 5 felony (for a crime committed after June
30, 2014).
(R) Aggravated battery (IC 35-42-2-1.5).
(S) Robbery (IC 35-42-5-1).
(T) Carjacking (IC 35-42-5-2) (before its repeal).
(U) Arson as a Class A felony or Class B felony (for a crime
committed before July 1, 2014) or as a Level 2, Level 3, or
Level 4 felony (for a crime committed after June 30, 2014) (IC 35-43-1-1(a)).
(V) Burglary as a Class A felony or Class B felony (for a crime
committed before July 1, 2014) or as a Level 1, Level 2, Level
3, or Level 4 felony (for a crime committed after June 30, 2014)
(IC 35-43-2-1).
(W) Human trafficking (IC 35-42-3.5).
(X) Dealing in a controlled substance resulting in death (IC 35-42-1-1.5).
(Y) Attempt under IC 35-41-5-1 to commit an offense listed in
this subsection.
(Z) Conspiracy under IC 35-41-5-2 to commit an offense listed
in this subsection.
(2) Public indecency (IC 35-45-4-1) committed:
(A) after June 30, 2003; or
(B) before July 1, 2003, if the person committed the offense by,
in a public place:
(i) engaging in sexual intercourse or other sexual conduct (as
defined in IC 35-31.5-2-221.5);
(ii) appearing in a state of nudity with the intent to arouse the
sexual desires of the person or another person, or being at
least eighteen (18) years of age, with the intent to be seen by
a child less than sixteen (16) years of age; or
(iii) fondling the person's genitals or the genitals of another
person.
(d) The department shall permanently revoke the license of a person
who is known by the department to have been convicted of a federal
offense or an offense in another state that is comparable to a felony or
misdemeanor listed in subsection (c).
(e) A license may be suspended by the secretary of education as
specified in IC 20-28-7.5.
(f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
(g) Upon receipt of information from the office of judicial
administration in accordance with IC 33-24-6-3 concerning persons
convicted of an offense listed in subsection (c), the department shall:
(1) cross check the information received from the office of
judicial administration with information concerning licensed
teachers (as defined in IC 20-18-2-22(b)) maintained by the
department; and
(2) if a licensed teacher (as defined in IC 20-18-2-22(b)) has been
convicted of an offense described in subsection (c), revoke the
licensed teacher's license.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-6.1-3-7(b), (c), (d), (e).]