Bill Text: IA HF430 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to education, including requirements related to mandatory reporters, a process for investigating complaints against school employees, and the responsibilities of the department of education, school districts, charter schools, accredited nonpublic schools, and the board of educational examiners, modifying the membership of the board of educational examiners, and including applicability provisions. (Formerly HF 10.) Effective date: 07/01/2023. Applicability date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-05-26 - Signed by Governor. H.J. 1040. [HF430 Detail]
Download: Iowa-2023-HF430-Enrolled.html
House
File
430
-
Enrolled
House
File
430
AN
ACT
RELATING
TO
EDUCATION,
INCLUDING
REQUIREMENTS
RELATED
TO
MANDATORY
REPORTERS,
A
PROCESS
FOR
INVESTIGATING
COMPLAINTS
AGAINST
SCHOOL
EMPLOYEES,
AND
THE
RESPONSIBILITIES
OF
THE
DEPARTMENT
OF
EDUCATION,
SCHOOL
DISTRICTS,
CHARTER
SCHOOLS,
ACCREDITED
NONPUBLIC
SCHOOLS,
AND
THE
BOARD
OF
EDUCATIONAL
EXAMINERS,
MODIFYING
THE
MEMBERSHIP
OF
THE
BOARD
OF
EDUCATIONAL
EXAMINERS,
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
232.69,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
classes
of
persons
enumerated
in
this
subsection
shall
make
a
report
within
twenty-four
hours
and
as
provided
in
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
classes
of
persons
enumerated
in
this
subsection
shall
make
a
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
and
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
of
age
or
older,
which
would
be
defined
as
child
abuse
under
section
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
or
(5),
except
that
the
abuse
resulted
from
the
acts
or
omissions
of
a
person
other
than
a
person
responsible
for
the
care
of
the
child.
Sec.
2.
Section
232.69,
subsection
1,
paragraph
b,
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
House
File
430,
p.
2
(4)
A
licensed
school
employee,
certified
para-educator,
holder
of
a
coaching
authorization
issued
under
section
272.31
,
school
employee
who
is
eighteen
years
of
age
or
older,
or
an
instructor
employed
by
a
community
college.
Sec.
3.
Section
232.70,
subsection
5,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0f.
If
the
person
making
the
report
is
a
licensed
school
employee
who
reasonably
believes
the
person
responsible
for
the
injury
is
also
a
licensed
school
employee,
the
identity
of
the
licensed
school
employee
the
person
making
the
report
believes
is
responsible
for
the
injury.
Sec.
4.
Section
256.9,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
66.
a.
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
272.15,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
subparagraph
divisions
(a)
through
(d).
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
House
File
430,
p.
3
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,
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
House
File
430,
p.
4
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
department
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
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
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
failed
to
follow
the
process
established
by
this
subsection
regarding
an
incident,
or
the
reporting
requirements
established
pursuant
to
section
272.15,
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
House
File
430,
p.
5
ensure
compliance
with
the
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
h.
If
the
department
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
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.
i.
If
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,
or
any
conduct
required
to
be
reported
pursuant
to
section
272.15,
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
272.15,
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners.
j.
If
the
department
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
House
File
430,
p.
6
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.
Sec.
5.
NEW
SECTION
.
256.158A
Required
annual
report
to
general
assembly.
Annually,
on
or
before
June
30
of
each
year,
the
board
shall
submit
to
the
general
assembly
a
report
that
contains
information
related
to
the
number
and
types
of
disciplinary
hearings
before
the
board,
any
trends
in
the
number
or
types
of
disciplinary
hearings
before
the
board,
the
number
of
hearings
requested
under
section
279.24,
and
any
other
information
deemed
relevant
by
the
board
in
order
to
inform
the
general
assembly
of
the
status
of
the
enforcement
of
the
board’s
rules.
The
report
shall
not
include
any
personally
identifiable
information
related
to
individuals
who
participated
in
hearings
before
the
board.
Sec.
6.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
requirements
of
section
280.33
relating
to
the
reporting
and
investigation
of
an
incident
involving
the
possible
commission
of
a
felony
by
any
person
who
has
been
issued
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
by
the
board
of
educational
examiners
in
the
same
manner
as
a
school
district.
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
the
requirements
of
section
280.34
relating
to
the
requirement
to
view
the
board
of
educational
examiners’
public
license
information
prior
to
hiring
an
individual
who
has
been
issued
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
by
the
board
of
educational
examiners
in
the
same
manner
as
a
school
district.
Sec.
7.
Section
272.2,
subsection
15,
Code
2023,
is
amended
to
read
as
follows:
15.
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
House
File
430,
p.
7
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,
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,
and
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
.
b.
Adopt
rules
that
require
the
collection
and
retention
of
written
complaints
that
are
filed.
If
the
board
determines
a
written
complaint
is
not
founded,
the
complaint
and
all
records
related
to
the
complaint
shall
be
kept
confidential
and
are
not
subject
to
chapter
22.
c.
Adopt
rules
that
require
the
board
to
notify
the
public
when
a
licensed
practitioner
who
is
the
subject
of
an
ongoing
investigation
initiated
under
paragraph
“a”
has
a
case
pending
with
a
finding
of
probable
cause.
This
paragraph
shall
not
be
construed
to
require
the
board
to
disclose
unfounded,
closed
investigations
initiated
under
paragraph
“a”
.
d.
Adopt
rules
that
require
the
evaluation
of
complaints
that
did
not
result
in
any
discipline
or
sanction
if
similar
complaints
are
filed
against
the
same
licensed
practitioner.
e.
Adopt
rules
that
require
the
board
to
investigate
an
administrator
who
is
employed
by
the
school
that
employs
a
licensed
practitioner
who
is
the
subject
of
an
investigation
initiated
under
paragraph
“a”
.
The
rules
shall
require
the
board
to
investigate
whether
the
administrator
filed
a
written
complaint
pursuant
to
this
subsection
and
whether
the
House
File
430,
p.
8
administrator
was
required
to
report
to
the
board
pursuant
to
section
272.15.
Sec.
8.
Section
272.3,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
272.3
Membership.
1.
The
board
of
educational
examiners
shall
consist
of
thirteen
members,
subject
to
the
following
requirements:
a.
Four
members
shall
be
members
of
the
general
public
who
have
demonstrated
an
interest
in
education
but
have
never
held
a
practitioner’s
license.
Two
of
the
members
appointed
pursuant
to
this
paragraph
shall
be
the
parent
or
guardian
of
a
student
who
is
currently
enrolled
in
a
school
district,
accredited
nonpublic
school,
or
charter
school,
shall
not
currently
hold
any
elective
office,
and
shall
not
be
an
employee
or
contractor
of
a
school
district,
accredited
nonpublic
school,
or
charter
school.
One
of
the
members
appointed
pursuant
to
this
paragraph
shall
have
been
or
currently
be
a
member
of
the
board
of
directors
of
a
school
district.
b.
Eight
members
shall
be
licensed
practitioners.
Three
of
the
members
appointed
pursuant
to
this
paragraph
shall
be
administrators
and
one
shall
be
an
employee
of
an
accredited
nonpublic
school.
The
remaining
four
members
appointed
pursuant
to
this
paragraph
shall
be
selected
from
the
following
areas
and
specialties
of
the
teaching
profession:
(1)
Elementary
teachers.
(2)
Secondary
teachers.
(3)
Special
education
or
similar
teachers.
(4)
Counselors
or
other
special
purpose
practitioners.
(5)
School
service
personnel.
c.
One
member
shall
be
the
director
of
the
department
or
the
director’s
designee.
2.
The
membership
of
the
board
shall
comply
with
the
requirements
of
sections
69.16
and
69.16A.
A
quorum
of
the
board
shall
consist
of
seven
members.
Members
shall
elect
a
chairperson
of
the
board.
Members,
except
for
the
director
of
the
department
or
the
director’s
designee,
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Sec.
9.
Section
272.4,
subsection
1,
Code
2023,
is
amended
House
File
430,
p.
9
to
read
as
follows:
1.
Members,
except
for
the
director
of
the
department
of
education
or
the
director’s
designee,
shall
be
appointed
to
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
more
than
two
consecutive
terms,
except
for
the
director
of
the
department
of
education
or
the
director’s
designee,
who
shall
serve
until
the
director’s
term
of
office
expires.
A
member
of
the
board
,
except
for
the
two
public
members
and
the
director
of
the
department
of
education
or
the
director’s
designee,
who
is
a
licensed
practitioner
appointed
pursuant
to
section
272.3,
subsection
1,
paragraph
“b”
,
shall
hold
a
valid
practitioner’s
license
during
the
member’s
term
of
office.
A
vacancy
exists
when
any
of
the
following
occur:
a.
A
nonpublic
member’s
license
The
license
of
a
licensed
practitioner
appointed
pursuant
to
section
272.3,
subsection
1,
paragraph
“b”
,
expires,
is
suspended,
or
is
revoked.
b.
A
nonpublic
member
licensed
practitioner
appointed
pursuant
to
section
272.3,
subsection
1,
paragraph
“b”
,
retires
or
terminates
employment
as
a
practitioner.
c.
A
member
dies,
resigns,
is
removed
from
office,
or
is
otherwise
physically
unable
to
perform
the
duties
of
office.
d.
A
member’s
term
of
office
expires.
Sec.
10.
NEW
SECTION
.
280.33
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
pursuant
to
section
256.9,
subsection
66,
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.
11.
NEW
SECTION
.
280.34
Requirement
to
view
public
license
information.
Prior
to
hiring
an
individual
who
has
been
issued
a
license,
endorsement,
certification,
authorization,
or
statement
of
recognition
by
the
board
of
educational
examiners,
a
school
district
or
an
accredited
nonpublic
school,
as
applicable,
shall
view
the
board
of
educational
examiners’
public
license
House
File
430,
p.
10
information
to
determine
if
the
individual
has
a
case
pending
with
a
finding
of
probable
cause
or
any
licensure
sanction.
This
section
shall
not
be
construed
to
require
the
board
of
educational
examiners
to
disclose
unfounded,
closed
investigations.
Sec.
12.
APPLICABILITY.
The
following
apply
to
the
governor’s
appointments
to
the
board
of
educational
examiners
on
or
after
the
effective
date
of
this
Act:
1.
The
section
of
this
Act
amending
section
272.3.
2.
The
section
of
this
Act
amending
section
272.4,
subsection
l.
______________________________
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
430,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
