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Mother of two testifies in support of bill aimed at educator misconduct

Ashley Nation supports Senate Bill 115
Ashley Nation 2
Ashley Nation testified in support of Senate Bill 115, which aims to protect Indiana students from educator misconduct, especially when contractors and staffing companies are used.
Posted at 4:15 PM, Feb 21, 2022
and last updated 2022-02-21 17:39:32-05

INDIANAPOLIS — Ashley Nation is a wife and mother of two living in LaGrange, Kentucky, just outside of Louisville.

She’s never set foot in the Indiana Statehouse, or any statehouse, until Monday.

In a sea of lobbyists and lawmakers scattered throughout the statehouse, Nation felt out of place.

But she knew lawmakers needed to hear her story.

“I’m a little emotional today,” said Nation. “It feels really empowering. Not for me, but for every single story I’ve ever read of Indiana educator teacher misconduct. I know why I’m here today, and that’s to speak for not only myself but every other survivor out there.”

Nation says she is a survivor of Indiana educator misconduct that began in 2008.

She testified in support of Senate Bill 115, a bill filed in direct response to a WRTV Investigation into gaps in protecting children at school.

Nation told the House Education Committee members how teacher misconduct can have a lifelong impact on students.

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“I personally have struggled with my mental health,” testified Nation. “At times I've thought the only way to end this pain was not to push through it, but to end my life completely.”

For years, Nation kept the details to herself.

Nation said sharing her story with WRTV and state lawmakers is a huge step in healing.

"I'm proud of myself,” said Nation. “It feels so good. I'm emotional in a good way for once."

Senator Aaron Freeman’s bill would require staffing companies and contractors to share employee background check information with schools — something WRTV Investigates uncovered isn’t always happening.

"I have to give a lot of credit to Kara Kenney and WRTV 6,” said Freeman on Monday. “They did some great reporting on this."

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.

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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.

“If that’s in somebody’s background, I think we all agree that’s something we need to know about,” said Freeman on Monday.

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."

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Both the American Federation of Teachers and the Indiana State Teachers Association testified they have concerns about an amendment that would allow schools to look at expunged criminal records.

“The amendment would undermine the purpose of the expungement statute and would subject teachers to employment discrimination based on youthful indiscretions,” said Sally Sloan with the American Federation of Teachers.

SB 115 passed unanimously 7-0 out of committee — a vote that’s helping Nation heal, and she hopes, will keep other students safe.

“I feel like it is taking me from the lowest point in my life to one of the highest points of my life,” said Nation. “So many days I woke up and I felt like that victim. Now I'm surviving this day by day and I feel so much better.”

Michael Lazzell has declined to speak with WRTV.

In order to survive, SB 115 has to be called before or on February 24 which is the second reading deadline.

Once it has made its way to a third reading, it must pass out of the House by its third reading deadline on Feb. 28.