Bill Text: IA HF10 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to education, including requirements related to mandatory reporters, a process for investigating complaints against licensed practitioners, and the responsibilities of the department of education, school districts, charter schools, accredited nonpublic schools, and the board of educational examiners.(See HF 430.)
Spectrum: Partisan Bill (Republican 27-0)
Status: (Introduced) 2023-03-08 - Withdrawn. H.J. 559. [HF10 Detail]
Download: Iowa-2023-HF10-Introduced.html
House
File
10
-
Introduced
HOUSE
FILE
10
BY
WHEELER
,
HOLT
,
STONE
,
DUNWELL
,
FISHER
,
MOORE
,
JENEARY
,
STOLTENBERG
,
WULF
,
SHIPLEY
,
BRADLEY
,
GOLDING
,
DEYOE
,
P.
THOMPSON
,
WILLS
,
JOHNSON
,
BODEN
,
GEHLBACH
,
SORENSEN
,
OSMUNDSON
,
HENDERSON
,
GRABER
,
SIEGRIST
,
WINDSCHITL
,
BOSSMAN
,
GRASSLEY
,
and
GERHOLD
A
BILL
FOR
An
Act
relating
to
education,
including
requirements
related
to
1
mandatory
reporters,
a
process
for
investigating
complaints
2
against
licensed
practitioners,
and
the
responsibilities
3
of
the
department
of
education,
school
districts,
charter
4
schools,
accredited
nonpublic
schools,
and
the
board
of
5
educational
examiners.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
232.69,
subsection
1,
unnumbered
1
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
2
The
classes
of
persons
enumerated
in
this
subsection
shall
3
make
a
report
within
twenty-four
hours
and
as
provided
in
4
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
5
classes
of
persons
enumerated
in
this
subsection
shall
make
a
6
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
and
7
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
of
age
8
or
older,
which
would
be
defined
as
child
abuse
under
section
9
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
or
(5),
10
except
that
the
abuse
resulted
from
the
acts
or
omissions
of
11
a
person
other
than
a
person
responsible
for
the
care
of
the
12
child.
13
Sec.
2.
Section
232.69,
subsection
1,
paragraph
b,
14
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
15
(4)
A
licensed
school
employee,
certified
para-educator,
16
holder
of
a
coaching
authorization
issued
under
section
272.31
,
17
full-time
school
employee
who
is
eighteen
years
of
age
or
18
older,
or
an
instructor
employed
by
a
community
college.
19
Sec.
3.
Section
232.70,
subsection
5,
Code
2023,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
0f.
If
the
person
making
the
report
is
a
22
licensed
school
employee
who
reasonably
believes
the
person
23
responsible
for
the
injury
is
also
a
licensed
school
employee,
24
the
identity
of
the
licensed
school
employee
the
person
making
25
the
report
believes
is
responsible
for
the
injury.
26
Sec.
4.
Section
256.9,
Code
2023,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
66.
a.
Develop
and
implement
a
process
29
for
the
reporting
and
investigation
of
any
incident
that
arises
30
that
may
reasonably
lead
to
the
conclusion
that
an
individual
31
with
a
license,
endorsement,
certification,
authorization,
or
32
statement
of
recognition
issued
by
the
board
of
educational
33
examiners
who
is
employed
by
the
board
of
directors
of
a
34
school
district,
the
authorities
in
charge
of
an
accredited
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nonpublic
school,
or
the
governing
board
of
a
charter
school
1
has
committed
a
felony
or
has
engaged
in
conduct
described
in
2
section
272.15,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
3
subparagraph
divisions
(a)
through
(d).
4
b.
The
process
shall
prohibit
the
boards
of
directors
of
5
a
school
district,
the
authorities
in
charge
of
an
accredited
6
nonpublic
school,
and
the
governing
board
of
a
charter
school
7
from
entering
into
any
of
the
following:
8
(1)
A
written
or
oral
agreement
that
prohibits
the
board
9
of
directors
of
the
school
district,
the
authorities
in
charge
10
of
an
accredited
nonpublic
school,
the
governing
board
of
11
a
charter
school,
an
employee
of
the
school
district,
the
12
accredited
nonpublic
school,
or
the
charter
school,
or
a
13
contractor
of
the
school
district,
the
accredited
nonpublic
14
school,
or
the
charter
school
from
discussing
an
incident,
past
15
performance
or
actions,
past
allegations
leading
to
discipline
16
or
adverse
employment
action,
or
employee
resignation
with
any
17
governmental
agent,
governmental
officer,
or
any
potential
18
employer.
19
(2)
A
written
or
oral
agreement
that
waives
the
liability
20
of
an
individual
with
a
license,
endorsement,
certification,
21
authorization,
or
statement
of
recognition
issued
by
the
22
board
of
educational
examiners
related
to
or
arising
from
an
23
incident,
past
performance
or
action,
or
past
allegations
of
24
wrongdoing.
25
c.
The
board
of
directors
of
a
school
district,
the
26
authorities
in
charge
of
an
accredited
nonpublic
school,
or
27
the
governing
board
of
a
charter
school,
and
contractors
of
28
the
school
district,
the
accredited
nonpublic
school,
or
the
29
charter
school
shall
be
immune
from
any
civil
liability
arising
30
from
discussing
an
incident,
past
performance
or
actions,
31
past
allegations
leading
to
discipline
or
adverse
employment
32
action,
or
employee
resignation
with
any
governmental
agent,
33
governmental
officer,
or
any
potential
employer.
34
d.
If
the
board
of
educational
examiners
finds
that
the
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board
of
directors
of
a
school
district,
the
authorities
in
1
charge
of
an
accredited
nonpublic
school,
or
the
governing
2
board
of
a
charter
school
has
intentionally
failed
to
follow
3
the
process
established
by
this
subsection
regarding
an
4
incident,
or
the
reporting
requirements
established
pursuant
5
to
section
272.15,
the
board
of
educational
examiners
shall
6
assess
a
fine
against
an
administrator
of
the
school
district,
7
the
accredited
nonpublic
school,
or
the
charter
school
who
8
failed
to
ensure
compliance
with
the
process
of
not
less
than
9
five
hundred
dollars
and
not
more
than
five
thousand
dollars.
10
Payments
of
the
fine
provided
in
this
paragraph
shall
be
11
remitted
to
the
treasurer
of
the
state
for
deposit
in
the
12
general
fund
of
the
state.
13
e.
If
the
board
of
educational
examiners
finds
that
the
14
board
of
directors
of
a
school
district,
the
authorities
in
15
charge
of
an
accredited
nonpublic
school,
or
the
governing
16
board
of
a
charter
school
has
intentionally
concealed,
or
17
attempted
to
conceal
from
any
governmental
agent,
governmental
18
officer,
or
potential
employer
a
founded
incident,
or
any
19
conduct
required
to
be
reported
pursuant
to
section
272.15,
the
20
board
of
educational
examiners
shall
assess
a
fine
against
an
21
administrator
of
the
school
district,
the
accredited
nonpublic
22
school,
or
the
charter
school
who
assisted
in
the
concealment,
23
or
attempted
concealment,
of
an
incident,
or
any
conduct
24
required
to
be
reported
pursuant
to
section
272.15,
of
not
more
25
than
ten
thousand
dollars.
Payments
of
the
fine
provided
in
26
this
paragraph
shall
be
remitted
to
the
treasurer
of
the
state
27
for
deposit
in
the
general
fund
of
the
state.
28
Sec.
5.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
0i.
Be
subject
to
and
comply
with
the
31
requirements
of
section
280.33
in
the
same
manner
as
a
school
32
district.
33
Sec.
6.
Section
272.2,
subsection
14,
paragraph
b,
34
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
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to
read
as
follows:
1
The
person
entered
a
plea
of
guilty
to,
or
has
been
found
2
guilty
of,
or
the
board
has
found
by
a
preponderance
of
the
3
evidence
that
the
person
committed,
any
of
the
following
4
offenses,
whether
or
not
a
sentence
is
imposed:
5
Sec.
7.
Section
272.2,
subsection
15,
Code
2023,
is
amended
6
to
read
as
follows:
7
15.
a.
Adopt
rules
that
require
specificity
in
written
8
complaints
that
are
filed
by
individuals
who
have
personal
9
knowledge
of
an
alleged
violation
and
which
are
accepted
by
10
the
board,
provide
that
the
jurisdictional
requirements
as
set
11
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
12
complaint
before
initiating
an
investigation
of
allegations,
13
provide
that
any
investigation
be
limited
to
the
allegations
14
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
15
interval
between
the
receipt
of
a
complaint
and
public
notice
16
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
17
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
18
allow
the
respondent
the
right
to
review
any
investigative
19
report
upon
a
finding
of
probable
cause
for
further
action
by
20
the
board,
require
that
the
conduct
providing
the
basis
for
21
the
complaint
occurred
within
three
years
of
discovery
of
the
22
event
by
the
complainant
unless
good
cause
can
be
shown
for
23
an
extension
of
this
limitation,
and
require
complaints
to
be
24
resolved
within
one
hundred
eighty
days
unless
good
cause
can
25
be
shown
for
an
extension
of
this
limitation.
26
b.
Adopt
rules
that
require
the
collection
and
retention
of
27
written
complaints
that
are
filed.
If
the
board
determines
a
28
written
complaint
is
not
founded,
the
complaint
and
all
records
29
related
to
the
complaint
shall
be
kept
confidential
and
are
not
30
subject
to
chapter
22.
31
c.
Adopt
rules
that
require
the
board
to
notify
the
school
32
that
employs,
or
is
seeking
to
employ,
a
licensed
practitioner
33
who
is
the
subject
of
an
ongoing
investigation
initiated
under
34
paragraph
“a”
,
of
the
existence
and
nature
of
the
written
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complaint
filed
against
the
licensed
practitioner.
This
1
paragraph
shall
not
be
construed
to
require
the
board
to
2
disclose
unfounded,
closed
investigations
initiated
under
3
paragraph
“a”
.
4
d.
Adopt
rules
that
require
the
evaluation
of
complaints
5
that
did
not
result
in
any
discipline
or
sanction
if
similar
6
complaints
are
filed
against
the
same
licensed
practitioner.
7
e.
Adopt
rules
that
require
the
board
to
investigate
an
8
administrator
who
is
employed
by
the
school
that
employs
a
9
licensed
practitioner
who
is
the
subject
of
an
investigation
10
initiated
under
paragraph
“a”
.
The
rules
shall
require
11
the
board
to
investigate
whether
the
administrator
filed
a
12
written
complaint
pursuant
to
this
subsection
and
whether
the
13
administrator
was
required
to
report
to
the
board
pursuant
to
14
section
272.15.
15
Sec.
8.
Section
279.69,
Code
2023,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
1A.
Prior
to
hiring
an
individual
who
18
has
been
issued
a
license,
endorsement,
certification,
19
authorization,
or
statement
of
recognition
by
the
board
of
20
educational
examiners,
a
school
district
shall
contact
the
21
board
of
educational
examiners
to
determine
if
the
individual
22
is
the
subject
of
an
ongoing
investigation
initiated
pursuant
23
to
section
272.2,
subsection
15,
if
a
complaint
has
been
filed
24
against
the
individual
pursuant
to
section
272.2,
subsection
25
15,
if
a
report
has
been
filed
against
the
individual
pursuant
26
to
section
272.15,
or
if
the
individual
surrendered
a
license,
27
endorsement,
certification,
authorization,
or
statement
of
28
recognition
prior
to
the
final
disposition
of
an
investigation.
29
Information
provided
pursuant
to
this
subsection
shall
be
30
kept
confidential,
is
not
subject
to
chapter
22,
and
may
only
31
be
shared
with
individuals
directly
involved
in
the
hiring
32
process.
This
subsection
shall
not
be
construed
to
require
the
33
board
of
educational
examiners
to
disclose
unfounded,
closed
34
investigations.
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Sec.
9.
NEW
SECTION
.
280.33
Incidents
related
to
licensed
1
practitioners
——
reporting
and
investigation.
2
The
board
of
directors
of
a
school
district
and
the
3
authorities
in
charge
of
each
accredited
nonpublic
school
shall
4
follow
the
process
created
by
the
department
of
education
5
pursuant
to
section
256.9,
subsection
66,
related
to
the
6
reporting
and
investigation
of
an
incident
involving
the
7
possible
commission
of
a
felony
by
any
person
who
has
been
8
issued
a
license,
endorsement,
certification,
authorization,
or
9
statement
of
recognition
by
the
board
of
educational
examiners.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
education,
including
requirements
14
related
to
mandatory
reporters,
a
process
for
investigating
15
complaints
against
licensed
practitioners,
and
the
16
responsibilities
of
the
department
of
education
(DE),
school
17
districts,
charter
schools,
accredited
nonpublic
schools,
and
18
the
board
of
educational
examiners
(BOEE).
19
Current
Code
section
232.69
(mandatory
and
permissive
20
reporters)
requires
certain
persons
to
report
cases
of
abuse
21
of
a
child
who
is
under
12
years
of
age
and
authorizes
those
22
persons
to
make
a
report
of
abuse
of
a
child
who
is
12
years
23
of
age
or
older.
The
bill
requires
the
persons
governed
by
24
Code
section
232.69
to
make
a
report
of
the
abuse
of
a
child,
25
regardless
of
whether
the
child
is
12
years
of
age
or
older.
26
Additionally,
the
bill
requires
full-time
school
employees
27
who
are
18
years
of
age
or
older
to
report
cases
of
abuse
of
28
children.
The
bill
also
requires
that
if
a
person
making
a
29
report
of
abuse
of
children
is
a
licensed
school
employee
who
30
reasonably
believes
the
person
responsible
for
the
injury
is
31
also
a
licensed
school
employee,
the
person
making
the
report
32
shall
identify
the
licensed
school
employee
when
making
the
33
report.
34
The
bill
requires
the
director
of
the
DE
to
develop
and
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implement
a
process
for
the
reporting
and
investigation
of
1
any
incident
that
arises
which
may
reasonably
lead
to
the
2
conclusion
that
an
individual
with
a
license,
endorsement,
3
certification,
authorization,
or
statement
of
recognition
4
issued
by
the
BOEE,
and
who
is
employed
by
the
board
of
5
directors
of
a
school
district,
the
authorities
in
charge
6
of
an
accredited
nonpublic
school,
or
a
charter
school,
has
7
committed
certain
specified
felonies
or
engaged
in
certain
8
specified
conduct.
The
bill
requires
the
boards
of
directors
9
of
school
districts,
the
authorities
in
charge
of
accredited
10
nonpublic
schools,
and
charter
schools
to
follow
this
process.
11
The
bill
prohibits
the
board,
the
authorities
in
charge
of
an
12
accredited
nonpublic
school,
and
charter
schools
from
entering
13
into
certain
specified
agreements
related
to
certain
incidents.
14
The
bill
immunizes
the
board,
the
authorities
in
charge
of
15
an
accredited
nonpublic
school,
and
charter
schools,
and
the
16
board’s,
the
accredited
nonpublic
school’s,
or
the
charter
17
school’s
contractors
against
any
civil
liability
arising
from
18
discussing
an
incident,
past
performance
or
actions,
past
19
allegations
leading
to
discipline,
or
resignation
with
certain
20
specified
persons.
The
bill
requires
the
BOEE
to
assess
a
21
civil
penalty
of
not
less
than
$500
and
not
more
than
$5,000
22
against
the
administrator
of
a
school
district,
an
accredited
23
nonpublic
school,
or
a
charter
school
if
the
administrator
24
fails
to
follow
the
process
relating
to
incidents,
and
a
civil
25
penalty
not
to
exceed
$10,000
if
the
administrator
assists
in
26
the
concealment,
or
attempted
concealment,
of
an
incident
or
27
certain
conduct
that
is
required
to
be
reported.
28
Current
law
requires
the
BOEE
to
adopt
rules
that
require
29
the
disqualification
of
an
applicant
for
licensure,
or
the
30
revocation
of
a
license,
if
the
person
entered
a
plea
of
31
guilty
to,
or
has
been
found
guilty
of,
certain
specified
32
offenses.
The
bill
modifies
this
provision
to
also
require
33
the
disqualification
of
an
applicant
for
licensure,
or
34
the
revocation
of
a
license,
if
the
BOEE
has
found
by
a
35
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preponderance
of
the
evidence
that
the
person
committed
certain
1
specified
offenses.
2
Current
law
requires
the
BOEE
to
adopt
rules
related
to
3
complaints
that
are
filed
by
individuals
who
have
personal
4
knowledge
of
an
alleged
violation
and
the
investigation
of
5
those
complaints.
The
bill
requires
the
BOEE
to
adopt
rules
6
that
require
the
collection
and
retention
of
those
complaints
7
and
the
evaluation
of
complaints
that
did
not
result
in
8
any
discipline
if
similar
complaints
are
filed
against
the
9
licensed
practitioner.
The
bill
requires
the
BOEE
to
adopt
10
rules
that
require
the
BOEE
to
notify
the
school
that
employs,
11
or
is
seeking
to
employ,
a
licensed
practitioner
who
is
12
the
subject
of
an
investigation
of
the
existence
and
nature
13
of
the
complaint
filed
against
the
licensed
practitioner.
14
Additionally,
the
bill
requires
the
BOEE
to
investigate
an
15
administrator
employed
by
a
school
that
employs
a
licensed
16
practitioner
who
is
the
subject
of
an
investigation
to
17
determine
whether
the
administrator
filed
a
written
complaint
18
against
the
licensed
practitioner
and
to
determine
whether
the
19
administrator
was
required
to
report
the
licensed
practitioner
20
to
the
BOEE.
21
The
bill
requires
school
districts,
prior
to
hiring
an
22
individual
with
a
license,
endorsement,
certification,
23
authorization,
or
statement
of
recognition
issued
by
the
24
BOEE,
to
contact
the
BOEE
to
determine
if
the
individual
25
is
the
subject
of
an
ongoing
investigation,
if
a
complaint
26
or
report
has
been
filed
against
the
individual,
or
if
the
27
individual
surrendered
a
license,
endorsement,
certification,
28
authorization,
or
statement
of
recognition
prior
to
final
29
disposition
of
an
investigation.
30
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