Bill Text: IA HF2487 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to education, including by modifying provisions related to mandatory reporting to the board of educational examiners of certain specified school employees, complaints against school employees and the investigation of complaints against school employees, and the responsibilities of the department of education and the board of educational examiners. (Formerly HSB 568.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-04-19 - Signed by Governor. H.J. 927. [HF2487 Detail]
Download: Iowa-2023-HF2487-Enrolled.html
House
File
2487
-
Enrolled
House
File
2487
AN
ACT
RELATING
TO
EDUCATION,
INCLUDING
BY
MODIFYING
PROVISIONS
RELATED
TO
MANDATORY
REPORTING
TO
THE
BOARD
OF
EDUCATIONAL
EXAMINERS
OF
CERTAIN
SPECIFIED
SCHOOL
EMPLOYEES,
COMPLAINTS
AGAINST
SCHOOL
EMPLOYEES
AND
THE
INVESTIGATION
OF
COMPLAINTS
AGAINST
SCHOOL
EMPLOYEES,
AND
THE
RESPONSIBILITIES
OF
THE
DEPARTMENT
OF
EDUCATION
AND
THE
BOARD
OF
EDUCATIONAL
EXAMINERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
BOARD
OF
EDUCATIONAL
EXAMINERS
——
MANDATORY
REPORTING
Section
1.
Section
256.160,
subsection
1,
paragraph
a,
subparagraph
(1),
subparagraph
division
(a),
Code
2024,
is
amended
by
striking
the
subparagraph
division
and
inserting
in
lieu
thereof
the
following:
(a)
Soliciting,
encouraging,
or
consummating
any
of
the
following:
(i)
A
sexual
or
physical
relationship
with
a
student.
(ii)
Grooming
behavior
toward
a
student.
(iii)
An
otherwise
inappropriate
relationship
with
a
student.
Sec.
2.
Section
256.160,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2024,
is
amended
by
adding
the
following
new
subparagraph
division:
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Abusing
a
student.
Sec.
3.
Section
256.160,
subsection
1,
paragraph
a,
House
File
2487,
p.
2
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
(2)
The
board
of
directors
of
a
school
district
or
area
education
agency,
the
superintendent
of
a
school
district,
the
chief
administrator
of
an
area
education
agency,
and
the
authorities
in
charge
of
an
accredited
nonpublic
school
shall
report
to
the
board
the
nonrenewal
or
termination,
for
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
executed
under
sections
279.12
,
279.13
,
279.15
,
279.16
,
279.18
through
279.21
,
279.23
,
and
279.24
,
and
the
resignation
of
a
person
who
holds
a
license,
certificate,
or
authorization
issued
by
the
board
as
a
result
of
or
following
an
incident
or
allegation
of
misconduct
that,
if
proven,
would
constitute
a
violation
of
the
rules
adopted
by
the
board
to
implement
section
256.146,
subsection
13
,
paragraph
“b”
,
subparagraph
(1);
soliciting,
encouraging,
or
consummating
a
romantic
sexual
or
physical
relationship
with
a
student,
grooming
behavior
toward
a
student,
or
an
otherwise
inappropriate
relationship
with
a
student;
falsifying
student
grades,
test
scores,
or
other
official
information
or
material;
or
converting
public
property
or
funds
to
the
personal
use
of
the
school
employee
;
being
on
school
premises
or
at
a
school-sponsored
activity
involving
students
while
under
the
influence
of,
possessing,
using,
or
consuming
illegal
drugs,
unauthorized
drugs,
or
alcohol;
or
abusing
a
student
,
when
the
board
or
reporting
official
has
a
good
faith
belief
that
the
incident
occurred
or
the
allegation
is
true.
The
board
may
deny
a
license
or
revoke
the
license
of
an
administrator
if
the
board
finds
by
a
preponderance
of
the
evidence
that
the
administrator
failed
to
report
the
termination
or
resignation
of
a
school
employee
holding
a
license,
certificate,
statement
of
professional
recognition,
or
coaching
authorization,
for
reasons
of
alleged
or
actual
misconduct,
as
defined
by
this
section
.
Sec.
4.
Section
256.160,
subsection
1,
paragraph
c,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
5.
Section
256.160,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
For
purposes
of
this
section:
a.
“Grooming
behavior”
means
any
behavior,
which
in
light
of
all
relevant
circumstances,
constitutes
actions
to
entice
House
File
2487,
p.
3
or
entrap
a
student
or
students
with
the
intent
to
make
such
student
or
students
engage
in
a
sex
act.
b.
“Inappropriate
relationship”
means
any
of
the
following:
(1)
An
unprofessional
relationship
for
an
educator
to
have
with
a
student.
(2)
A
sexual
relationship.
(3)
A
relationship
in
which
sexual
harassment
or
any
form
of
physical
or
sexual
abuse
occurs.
(4)
A
relationship
that
is
not
in
compliance
with
generally
accepted
educational
practices.
c.
“Misconduct”
means
an
action
disqualifying
an
applicant
for
a
license
or
causing
the
license
of
a
person
to
be
revoked
or
suspended
in
accordance
with
the
rules
adopted
by
the
board
to
implement
section
256.146,
subsection
13,
paragraph
“b”
,
subparagraph
(1).
DIVISION
II
BOARD
OF
EDUCATIONAL
EXAMINERS
——
PROCESS
FOR
INVESTIGATING
COMPLAINTS
Sec.
6.
Section
256.9,
subsection
67,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
7.
Section
256.146,
Code
2024,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
25.
a.
(1)
Develop
and
implement
a
process
for
the
reporting
and
investigation
of
any
incident
that
arises
that
may
reasonably
lead
to
the
conclusion
that
any
individual
who
is
employed
by
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school,
including
an
individual
with
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
has
committed
a
felony
or,
in
the
case
of
an
individual
with
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
has
engaged
in
conduct
described
in
section
256.160,
subsection
1,
paragraph
“a”
,
subparagraph
(1).
(2)
The
process
must
require
the
board
of
educational
examiners
to
assign
a
unique
identifier
to
each
incident
that
is
reported.
The
board
of
educational
examiners
shall
provide
House
File
2487,
p.
4
the
unique
identifier
to
the
person
who
reported
the
incident
and
to
the
employee
who
is
the
subject
of
the
incident,
and
the
unique
identifier
must
be
able
to
be
used
to
search
the
board
of
educational
examiners’
internet
site
to
determine
the
current
status
of
the
investigation
of
the
incident,
including
the
date
of
the
most
recently
taken
action.
The
board
of
educational
examiners
shall
ensure
that
the
portion
of
the
internet
site
displaying
such
information
is
only
accessible
by
the
person
who
reported
the
incident,
the
employee
who
is
the
subject
of
the
incident,
and
the
board
of
educational
examiners
and
its
employees
and
agents.
b.
The
process
shall
prohibit
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
and
the
governing
board
of
a
charter
school
from
entering
into
any
of
the
following:
(1)
A
written
or
oral
agreement
that
prohibits
the
board
of
directors
of
the
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
the
governing
board
of
a
charter
school,
an
employee
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school,
or
a
contractor
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
from
discussing
an
incident,
past
performance
or
actions,
past
allegations
leading
to
discipline
or
adverse
employment
action,
or
employee
resignation
with
any
governmental
agent,
governmental
officer,
or
any
potential
employer.
(2)
A
written
or
oral
agreement
that
waives
the
liability
of
an
individual
with
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners
related
to
or
arising
from
an
incident,
past
performance
or
action,
or
past
allegations
of
wrongdoing.
c.
(1)
The
process
shall
require
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
and
the
governing
board
of
a
charter
school
to
provide
all
documentation
and
information
related
to
the
incident
to
the
board
of
educational
examiners
for
investigation
if
the
employee
who
is
the
subject
of
the
incident
and
who
has
a
license,
endorsement,
certification,
House
File
2487,
p.
5
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners
resigns
or
the
employee’s
contract
is
terminated
during
the
school
district’s,
accredited
nonpublic
school’s,
or
charter
school’s
investigation
of
the
incident.
(2)
The
process
shall
require
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
and
the
governing
board
of
a
charter
school
to
finalize
the
investigation
of
the
incident
even
if
the
employee
who
is
the
subject
of
the
incident
and
who
does
not
have
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners
resigns
or
the
employee’s
contract
is
terminated
during
the
school
district’s,
accredited
nonpublic
school’s,
or
charter
school’s
investigation
of
the
incident.
d.
The
process
shall
require
that,
prior
to
hiring
an
applicant
for
any
position,
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
and
the
governing
board
of
a
charter
school
must
conduct
a
review
of
the
applicant’s
employment
history,
including
by
contacting
the
applicant’s
previous
employers
listed
on
the
application
for
employment
and
by
viewing
the
board
of
educational
examiners’
public
license
information
to
determine
if
the
applicant
has
a
case
pending
with
a
finding
of
probable
cause
or
any
licensure
sanction.
e.
The
process
shall
require
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
and
the
governing
board
of
a
charter
school
to
maintain
on
forms
prescribed
by
the
board
of
educational
examiners
reference
information
related
to
all
employees
of
the
school
district,
accredited
nonpublic
school,
or
charter
school,
and
respond
to
any
request
for
such
information
from
a
potential
employer.
This
paragraph
shall
not
be
construed
to
require
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
to
disclose
unfounded,
closed
investigations.
The
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
shall
be
immune
from
any
criminal
or
civil
liability
arising
from
the
House
File
2487,
p.
6
disclosure
of
reference
information
under
this
paragraph
if
the
school
district,
accredited
nonpublic
school,
or
charter
school
does
not
knowingly
disclose
false
information.
f.
The
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school,
and
contractors
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
shall
be
immune
from
any
civil
liability
arising
from
discussing
an
incident,
past
performance
or
actions,
past
allegations
leading
to
discipline
or
adverse
employment
action,
or
employee
resignation
with
any
governmental
agent,
governmental
officer,
or
any
potential
employer.
g.
If,
after
investigation,
the
board
of
educational
examiners
determines
that
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
has
intentionally
failed
to
follow
the
process
established
by
this
subsection
regarding
an
incident,
or
the
reporting
requirements
established
pursuant
to
section
256.160,
related
to
an
employee
who
holds
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
any
administrator
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
who
intentionally
failed
to
ensure
compliance
with
the
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
h.
If,
after
investigation,
the
board
of
educational
examiners
determines
that
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
has
intentionally
failed
to
follow
the
process
established
by
this
subsection
regarding
an
incident
related
to
an
employee
who
does
not
hold
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
any
administrator
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
who
intentionally
failed
to
ensure
compliance
with
the
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
House
File
2487,
p.
7
i.
If,
after
investigation,
the
board
of
educational
examiners
determines
that
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
has
intentionally
concealed,
or
attempted
to
conceal
from
any
governmental
agent,
governmental
officer,
or
potential
employer
a
founded
incident,
or
any
conduct
required
to
be
reported
pursuant
to
section
256.160,
related
to
an
employee
who
holds
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
any
administrator
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
who
intentionally
assisted
in
the
concealment,
or
attempted
concealment,
of
an
incident,
or
any
conduct
required
to
be
reported
pursuant
to
section
256.160,
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
j.
If,
after
investigation,
the
board
of
educational
examiners
finds
that
the
board
of
directors
of
a
school
district,
the
authorities
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
board
of
a
charter
school
has
intentionally
concealed,
or
attempted
to
conceal
from
any
governmental
agent,
governmental
officer,
or
potential
employer
a
founded
incident
related
to
an
employee
who
does
not
hold
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
any
administrator
of
the
school
district,
the
accredited
nonpublic
school,
or
the
charter
school
who
intentionally
assisted
in
the
concealment,
or
attempted
concealment,
of
an
incident
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
k.
(1)
Annually,
on
or
before
June
30
of
each
year,
the
board
of
educational
examiners
shall
submit
to
the
general
assembly
a
report
that
contains
information
related
to
all
of
the
following:
(a)
The
number
and
types
of
disciplinary
hearings
before
the
board
of
educational
examiners.
(b)
Any
trends
in
the
number
or
types
of
disciplinary
hearings
before
the
board
of
educational
examiners.
(c)
The
number
of
board
of
educational
examiners
House
File
2487,
p.
8
investigations
of
the
employees
of
school
districts,
accredited
nonpublic
schools,
or
charter
schools
who
do
not
hold
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
issued
by
the
board
of
educational
examiners,
that
the
board
of
educational
examiners
referred
to
a
law
enforcement
agency.
(d)
Any
other
information
deemed
relevant
by
the
board
of
educational
examiners
in
order
to
inform
the
general
assembly
of
the
status
of
the
enforcement
of
the
board
of
educational
examiners’
rules.
(2)
The
report
shall
not
include
any
personally
identifiable
information
related
to
investigations
referred
to
a
law
enforcement
agency.
Sec.
8.
Section
280.34,
Code
2024,
is
amended
to
read
as
follows:
280.34
Incidents
related
to
licensed
practitioners
——
reporting
and
investigation.
The
board
of
directors
of
a
school
district
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
shall
follow
the
process
created
by
the
department
of
education
board
of
educational
examiners
pursuant
to
section
256.9,
subsection
67
256.146,
subsection
25
,
related
to
the
reporting
and
investigation
of
an
incident
involving
the
possible
commission
of
a
felony
by
any
employee
of
the
board
of
directors
of
the
school
district
or
the
authorities
in
charge
of
the
accredited
nonpublic
school.
Sec.
9.
REPEAL.
Section
256.158A,
Code
2024,
is
repealed.
DIVISION
III
BOARD
OF
EDUCATIONAL
EXAMINERS
——
REPORTING
REQUIREMENTS
Sec.
10.
Section
256.158,
subsection
3,
Code
2024,
is
amended
to
read
as
follows:
3.
a.
All
Subject
to
paragraph
“b”
,
all
complaint
files,
investigation
files,
other
investigation
reports,
and
other
investigative
information
in
the
possession
of
the
board
or
its
employees
or
agents,
which
relate
to
licensee
discipline
or
the
investigation
of
nonlicensed
school
employees
,
are
privileged
and
confidential,
and
are
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
their
release
to
a
person
other
than
the
respondent
and
the
board
and
House
File
2487,
p.
9
its
employees
and
agents
involved
in
licensee
discipline
or
the
investigation
of
nonlicensed
school
employees
,
and
are
not
admissible
in
evidence
in
a
judicial
or
administrative
proceeding
other
than
the
proceeding
involving
licensee
discipline.
A
complaint,
any
amendment
to
a
complaint,
and
any
supporting
documents
shall
be
provided
to
the
respondent
immediately
upon
the
board’s
determination
that
jurisdictional
requirements
have
been
met
and
prior
to
the
commencement
of
the
board’s
investigation
of
a
licensee
.
Investigative
information
in
the
possession
of
the
board
or
its
employees
or
agents
which
relates
to
licensee
discipline
may
be
disclosed
to
appropriate
licensing
authorities
within
this
state,
the
appropriate
licensing
authority
in
another
state,
the
District
of
Columbia,
or
a
territory
or
country
in
which
the
licensee
is
licensed
or
has
applied
for
a
license.
A
final
written
decision
and
finding
of
fact
of
the
board
in
a
disciplinary
proceeding
is
a
public
record.
b.
Notwithstanding
paragraph
“a”
,
if
the
investigative
information
in
the
possession
of
the
board
or
its
employees
or
agents
indicates
that
a
crime
has
been
committed
by
either
a
licensee
or
a
nonlicensed
school
employee,
the
board
shall
report
the
investigative
information
to
the
proper
law
enforcement
agency.
DIVISION
IV
BOARD
OF
EDUCATIONAL
EXAMINERS
——
TIME
IN
WHICH
COMPLAINTS
CAN
BE
INVESTIGATED
Sec.
11.
Section
256.146,
subsection
14,
paragraph
a,
Code
2024,
is
amended
to
read
as
follows:
a.
Adopt
rules
that
require
specificity
in
written
complaints
that
are
filed
by
individuals
who
have
personal
knowledge
of
an
alleged
violation
and
which
are
accepted
by
the
board,
provide
that
the
jurisdictional
requirements
as
set
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
complaint
before
initiating
an
investigation
of
allegations,
provide
that
any
investigation
be
limited
to
the
allegations
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
interval
between
the
receipt
of
a
complaint
and
public
notice
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
House
File
2487,
p.
10
allow
the
respondent
the
right
to
review
any
investigative
report
upon
a
finding
of
probable
cause
for
further
action
by
the
board,
require
that
the
conduct
providing
the
basis
for
the
complaint
occurred
within
three
years
of
discovery
of
the
event
by
the
complainant
unless
good
cause
can
be
shown
for
an
extension
of
this
limitation
or
unless
the
conduct
constitutes
conduct
described
in
section
256.160,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
,
require
complaints
to
be
resolved
within
one
hundred
eighty
days
unless
good
cause
can
be
shown
for
an
extension
of
this
limitation,
and
require
the
board
to
finalize
the
investigation
of
the
written
complaint
even
if
the
licensed
practitioner
resigns
or
surrenders
the
licensed
practitioner’s
license,
certificate,
authorization,
or
statement
of
recognition
during
the
investigation.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2487,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
