INDIANAPOLIS — A Senate bill aimed at improving how Indiana schools, contractors and the state handle educator misconduct allegations is moving forward at the Statehouse.
The Senate Education and Career Development committee voted 12-0 to advance Senate Bill 115, authored by Sen. Aaron Freeman, R-Indianapolis, following its first hearing Wednesday evening.
"I come to you as a senator who is not proud of something that happened in my district,” Freeman told the committee. “A contract employee was put in front of children and he was fondling and touching himself in front of a classroom full of kids.”
Freeman is referring to a misconduct case uncovered by WRTV Investigates.
Former Beech Grove teacher’s aide Michael Lazzell pleaded guilty in November 2021 to public indecency after he admitted to fondling his genitals while working at Beech Grove Middle School in January 2019.
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Court documents say female students, one of them 13-years-old, told their counselors that Lazzell masturbated in front of them in math class while watching his school-issued computer.
Beech Grove City Schools hired Lazzell as a teacher’s aide not knowing he was previously arrested in 2014 for the same crime, public indecency.
The 2014 charge was dismissed six months later, but experts WRTV Investigates spoke with say the arrest should have come up in a criminal history check.
Beech Grove City Schools says they never saw Lazzell’s background check because he worked for staffing company Kelly Education.
The school district says it pays Kelly Education to do the background checks for employees who work in Beech Grove City Schools.
Freeman’s bill, SB 115, would require Kelly Education and other contractors like staffing companies and temp agencies to share employee background check information with schools — something WRTV Investigates uncovered is not always happening.
Currently, it’s up to someone’s discretion whether to divulge the information.
“In Indiana law, the same rigor we put teachers through is not followed for contract employees and others,” Freeman told the committee. “The people who we put in front of our children; we should know who they are. We should know they aren't doing bad things in front of our children."
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When prosecutors charged Lazzell in 2019, Beech Grove City Schools says it did not notify the Indiana Department of Education, the state agency that can suspend or revoke teaching licenses for misconduct.
WRTV Investigates has uncovered Indiana law does not require schools to report school employee charges or arrests to the IDOE, even if the alleged misconduct involves students.
Indiana law only requires schools to notify IDOE if an employee has been convicted of one of more than 30 charges including rape, kidnapping, child molesting, child seduction and performing sexual conduct in the presence of a minor.
Senator Freeman’s bill would add public indecency, a misdemeanor, to the list of convictions schools would have to share with IDOE.
Freeman’s legislation also adds public indecency to the list of offenses that would allow IDOE to permanently revoke a teacher’s license.
"Public indecency is not, you're on a golf course and you need to relieve yourself,” said Freeman, a former prosecutor. “This is you're exposing yourself and you're trying to have other people see you do it and think someone will be gratified by that."
Both the American Federation of Teachers and the Indiana School Boards Association testified they have concerns about parts of the bill’s language and want to make sure schools can decide who they hire and fire.
“This is a mandate and that takes away school boards' discretion to take this into consideration and eliminates the due process that we are required to provide,” said Lisa Tanselle, general counsel at the Indiana School Boards Association.
Tanselle said she wants to preserve the authority of local school boards to make employment decisions.
Lawmakers agreed to work on the language and passed an amendment Wednesday that says school districts are not required to use the background check information to not employ, not contract with, or terminate a school employee.
“We are going to do our best to make it right,” said Sen. Jeff Raatz, chairman of the committee. “I think all of us agree that something needs to be done.”
Freeman emphasizes the point of the bill is to protect children, not to force schools into firing certain employees.
“It doesn't mean you have to terminate the person,” said Freeman. “It means you shall consider the information and I would frankly hope we terminate the person, but I'm not requiring that."
The state’s largest teachers union, the Indiana State Teachers Association, supports Freeman’s legislation.
Senate Bill 115 passed out of committee 12-0, and now heads to second reading and then the full Senate for consideration.
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Lazzell declined to speak with WRTV Investigates.
WRTV Investigates reached out to Beech Grove City Schools and Kelly Education last month for a response to Freeman’s legislation.
“We applaud Senator Freeman's efforts to advance additional protections for Hoosier youth through the issuance of SB 115,” said Beech Grove City Schools in a statement to WRTV.
A spokesperson for Kelly Education provided the following statement in response to Senate Bill 115.
"Student safety is Kelly Education’s primary concern," read the statement from Kelly Education. "Our employees undergo rigorous background screens to comply with current federal and state laws and district requirements to ensure only the most qualified substitute teachers are placed in classrooms. To the extent changes are made to current legislation, Kelly Education will comply with all new legislative requirements."
It’s still not clear if Kelly Education’s background check found Lazzell’s 2014 arrest or not.
Kelly Education won’t tell us which screening firm they used, and the company has not responded to several emails from WRTV Investigates asking what happened.
FULL STATEMENT FROM KELLY EDUCATION ON LAZZELL CASE
“We are always concerned about reports of inappropriate behavior by an employee and take these matters very seriously, as student safety is our primary concern. We conduct business based on the highest standards of integrity, quality, and professional excellence. This professionalism is extended to students, clients, and our employees, including the appropriate respect regarding their privacy. As such, we do not publicly discuss specific details regarding employment matters.
Our substitute teachers undergo rigorous screening and background checks. Kelly Education conducts background screens, education verification and reference checks for every candidate in compliance with applicable federal and state laws, and district requirements to ensure only the most qualified substitute teachers are placed in classrooms.”
STATEMENT FROM BEECH GROVE CITY SCHOOLS ON LAZZELL CASE
“We care deeply for our students and work daily to ensure their safety and security. The safety of our students and staff is always the top priority of Beech Grove City Schools. After two of our students reported to us that they heard what they thought were suspicious sounds coming from a classroom, our school administrators immediately took action.
Our school principal called the Beech Grove Police Department, and went to the classroom where Mr. Lazzell was assigned. Based on the findings of our Integration/Tech Specialist and her review of the computer used by Mr. Lazzell, he was informed that his services were no longer required at Beech Grove City Schools for violating our acceptable use policy and we reported this information to Kelly Educational Staffing.
The parents of the two students who reported the incident were immediately contacted by phone by school staff, who facilitated any contact they needed with the Beech Grove Police Department. The parents of the two students who reported their suspicions were called and came into the school building where their child was interviewed by BGPD detectives in the parent’s presence. As the threat was eliminated with the removal of Mr. Lazzell from school property, and with law enforcement leading the investigation, neither the class nor the entire school were notified.”
