Bill Text: IA SF2378 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the board of educational examiners, including by modifying provisions related to the time in which complaints concerning licensed school employees having romantic or otherwise inappropriate relationships with students can be investigated, the mandatory reporting of licensed school employees who engage in grooming behavior toward students or the abuse of students, and reporting requirements related to the investigation of complaints against licensees and unlicensed school employees.(Formerly SSB 3050.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-14 - Placed on calendar under unfinished business. S.J. 537. [SF2378 Detail]
Download: Iowa-2023-SF2378-Introduced.html
Senate
File
2378
-
Introduced
SENATE
FILE
2378
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
3050)
A
BILL
FOR
An
Act
relating
to
the
board
of
educational
examiners,
1
including
by
modifying
provisions
related
to
the
time
in
2
which
complaints
concerning
licensed
school
employees
having
3
romantic
or
otherwise
inappropriate
relationships
with
4
students
can
be
investigated,
the
mandatory
reporting
of
5
licensed
school
employees
who
engage
in
grooming
behavior
6
toward
students
or
the
abuse
of
students,
and
reporting
7
requirements
related
to
the
investigation
of
complaints
8
against
licensees
and
unlicensed
school
employees.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256.146,
subsection
14,
paragraph
a,
1
Code
2024,
is
amended
to
read
as
follows:
2
a.
Adopt
rules
that
require
specificity
in
written
3
complaints
that
are
filed
by
individuals
who
have
personal
4
knowledge
of
an
alleged
violation
and
which
are
accepted
by
5
the
board,
provide
that
the
jurisdictional
requirements
as
set
6
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
7
complaint
before
initiating
an
investigation
of
allegations,
8
provide
that
any
investigation
be
limited
to
the
allegations
9
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
10
interval
between
the
receipt
of
a
complaint
and
public
notice
11
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
12
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
13
allow
the
respondent
the
right
to
review
any
investigative
14
report
upon
a
finding
of
probable
cause
for
further
action
15
by
the
board,
require
that
the
conduct
providing
the
basis
16
for
the
complaint
occurred
within
three
years
of
discovery
of
17
the
event
by
the
complainant
unless
good
cause
can
be
shown
18
for
an
extension
of
this
limitation
or
unless
the
conduct
19
constitutes
conduct
described
in
section
256.160,
subsection
20
1,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
,
21
require
complaints
to
be
resolved
within
one
hundred
eighty
22
days
unless
good
cause
can
be
shown
for
an
extension
of
this
23
limitation,
and
require
the
board
to
finalize
the
investigation
24
of
the
written
complaint
even
if
the
licensed
practitioner
25
resigns
or
surrenders
the
licensed
practitioner’s
license,
26
certificate,
authorization,
or
statement
of
recognition
during
27
the
investigation.
28
Sec.
2.
Section
256.158,
subsection
3,
Code
2024,
is
amended
29
to
read
as
follows:
30
3.
a.
All
Subject
to
paragraph
“b”
,
all
complaint
files,
31
investigation
files,
other
investigation
reports,
and
other
32
investigative
information
in
the
possession
of
the
board
or
33
its
employees
or
agents,
which
relate
to
licensee
discipline
34
or
the
investigation
of
nonlicensed
school
employees
,
are
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privileged
and
confidential,
and
are
not
subject
to
discovery,
1
subpoena,
or
other
means
of
legal
compulsion
for
their
release
2
to
a
person
other
than
the
respondent
and
the
board
and
3
its
employees
and
agents
involved
in
licensee
discipline
or
4
the
investigation
of
nonlicensed
school
employees
,
and
are
5
not
admissible
in
evidence
in
a
judicial
or
administrative
6
proceeding
other
than
the
proceeding
involving
licensee
7
discipline.
A
complaint,
any
amendment
to
a
complaint,
and
8
any
supporting
documents
shall
be
provided
to
the
respondent
9
immediately
upon
the
board’s
determination
that
jurisdictional
10
requirements
have
been
met
and
prior
to
the
commencement
of
the
11
board’s
investigation
of
a
licensee
.
Investigative
information
12
in
the
possession
of
the
board
or
its
employees
or
agents
which
13
relates
to
licensee
discipline
may
be
disclosed
to
appropriate
14
licensing
authorities
within
this
state,
the
appropriate
15
licensing
authority
in
another
state,
the
District
of
Columbia,
16
or
a
territory
or
country
in
which
the
licensee
is
licensed
17
or
has
applied
for
a
license.
A
final
written
decision
and
18
finding
of
fact
of
the
board
in
a
disciplinary
proceeding
is
a
19
public
record.
20
b.
Notwithstanding
paragraph
“a”
,
if
the
investigative
21
information
in
the
possession
of
the
board
or
its
employees
22
or
agents
indicates
that
a
felony
has
been
committed
by
23
either
a
licensee
or
a
nonlicensed
school
employee,
the
board
24
shall
report
the
investigative
information
to
the
proper
law
25
enforcement
agency.
26
Sec.
3.
Section
256.160,
subsection
1,
paragraph
a,
27
subparagraph
(1),
subparagraph
division
(a),
Code
2024,
is
28
amended
by
striking
the
subparagraph
division
and
inserting
in
29
lieu
thereof
the
following:
30
(a)
Soliciting,
encouraging,
or
consummating
any
of
the
31
following:
32
(i)
A
sexual
or
physical
relationship
with
a
student.
33
(ii)
Grooming
behavior
toward
a
student.
34
(iii)
An
otherwise
inappropriate
relationship
with
a
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student.
1
Sec.
4.
Section
256.160,
subsection
1,
paragraph
a,
2
subparagraph
(1),
Code
2024,
is
amended
by
adding
the
following
3
new
subparagraph
division:
4
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Abusing
a
student.
5
Sec.
5.
Section
256.160,
subsection
1,
paragraph
a,
6
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
7
(2)
The
board
of
directors
of
a
school
district
or
area
8
education
agency,
the
superintendent
of
a
school
district,
9
the
chief
administrator
of
an
area
education
agency,
and
10
the
authorities
in
charge
of
an
accredited
nonpublic
school
11
shall
report
to
the
board
the
nonrenewal
or
termination,
for
12
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
13
executed
under
sections
279.12
,
279.13
,
279.15
,
279.16
,
279.18
14
through
279.21
,
279.23
,
and
279.24
,
and
the
resignation
of
15
a
person
who
holds
a
license,
certificate,
or
authorization
16
issued
by
the
board
as
a
result
of
or
following
an
incident
17
or
allegation
of
misconduct
that,
if
proven,
would
constitute
18
a
violation
of
the
rules
adopted
by
the
board
to
implement
19
section
256.146,
subsection
13
,
paragraph
“b”
,
subparagraph
20
(1);
soliciting,
encouraging,
or
consummating
a
romantic
sexual
21
or
physical
relationship
with
a
student,
grooming
behavior
22
toward
a
student,
or
an
otherwise
inappropriate
relationship
23
with
a
student;
falsifying
student
grades,
test
scores,
or
24
other
official
information
or
material;
or
converting
public
25
property
or
funds
to
the
personal
use
of
the
school
employee
;
26
or
abusing
a
student
,
when
the
board
or
reporting
official
27
has
a
good
faith
belief
that
the
incident
occurred
or
the
28
allegation
is
true.
The
board
may
deny
a
license
or
revoke
29
the
license
of
an
administrator
if
the
board
finds
by
a
30
preponderance
of
the
evidence
that
the
administrator
failed
31
to
report
the
termination
or
resignation
of
a
school
employee
32
holding
a
license,
certificate,
statement
of
professional
33
recognition,
or
coaching
authorization,
for
reasons
of
alleged
34
or
actual
misconduct,
as
defined
by
this
section
.
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Sec.
6.
Section
256.160,
subsection
1,
paragraph
c,
Code
1
2024,
is
amended
by
striking
the
paragraph.
2
Sec.
7.
Section
256.160,
Code
2024,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
5.
For
purposes
of
this
section:
5
a.
“Grooming
behavior”
means
any
behavior,
which
in
light
6
of
all
relevant
circumstances,
constitutes
actions
to
entice
7
or
entrap
a
student
or
students
with
the
intent
to
make
such
8
student
or
students
engage
in
a
sex
act.
9
b.
“Inappropriate
relationship”
means
any
of
the
following:
10
(1)
An
unprofessional
relationship
for
an
educator
to
have
11
with
a
student.
12
(2)
A
sexual
relationship.
13
(3)
A
relationship
in
which
sexual
harassment
or
any
form
of
14
physical
or
sexual
abuse
occurs.
15
(4)
A
relationship
that
is
not
in
compliance
with
generally
16
accepted
educational
practices.
17
c.
“Misconduct”
means
an
action
disqualifying
an
applicant
18
for
a
license
or
causing
the
license
of
a
person
to
be
revoked
19
or
suspended
in
accordance
with
the
rules
adopted
by
the
board
20
to
implement
section
256.146,
subsection
13,
paragraph
“b”
,
21
subparagraph
(1).
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
the
board
of
educational
examiners
26
(BOEE),
including
by
modifying
provisions
related
to
the
time
27
in
which
complaints
concerning
licensed
school
employees
having
28
sexual,
physical,
or
otherwise
inappropriate
relationships
29
with
students
can
be
investigated,
the
mandatory
reporting
30
of
licensed
school
employees
who
engage
in
grooming
behavior
31
toward
students
or
the
abuse
of
students,
and
reporting
32
requirements
related
to
the
investigation
of
complaints
against
33
licensees
and
unlicensed
school
employees.
34
Current
law
requires
the
BOEE
to
adopt
rules
related
to
the
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filing
of
complaints
against
individuals
who
hold
a
license,
1
certificate,
authorization,
or
statement
of
recognition
issued
2
by
the
BOEE.
Current
law
also
requires
that
the
conduct
3
providing
the
basis
for
the
complaint
to
have
occurred
within
4
three
years
of
discovery
of
the
event
by
the
complainant
unless
5
good
cause
can
be
shown
for
an
extension
of
the
three-year
6
limitation.
The
bill
provides
that
the
three-year
limitation
7
shall
also
not
apply
if
the
conduct
constitutes
soliciting,
8
encouraging,
or
consummating
a
sexual,
physical,
or
otherwise
9
inappropriate
relationship
with
a
student
or
is
grooming
10
behavior.
11
Current
law
provides
that
all
investigative
information
12
in
the
possession
of
the
BOEE,
which
relates
to
licensee
13
discipline,
is
privileged
and
confidential,
and
is
not
subject
14
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
15
for
their
release
to
a
person
other
than
the
respondent
and
16
the
BOEE,
and
are
not
admissible
in
evidence
in
a
judicial
17
or
administrative
proceeding
other
than
the
proceeding
18
involving
licensee
discipline.
The
bill
provides
that
these
19
same
protections
apply
to
the
investigation
of
a
nonlicensed
20
school
employee.
Additionally,
the
bill
establishes
that,
21
notwithstanding
these
protections,
if
the
investigative
22
information
in
the
possession
of
the
BOEE
indicates
that
23
a
crime
has
been
committed
by
either
a
licensee
or
a
24
nonlicensed
school
employee,
the
BOEE
is
required
to
report
the
25
investigative
information
to
the
proper
law
enforcement
agency.
26
Current
law
requires
the
board
of
directors
of
a
school
27
district
or
area
education
agency,
the
superintendent
of
a
28
school
district,
the
chief
administrator
of
an
area
education
29
agency,
and
the
authorities
in
charge
of
an
accredited
30
nonpublic
school
to
report
to
the
BOEE
any
instance
of
31
disciplinary
action
taken
against
a
licensed
school
employee
32
for
conduct
constituting
soliciting,
encouraging,
or
33
consummating
a
romantic
or
otherwise
inappropriate
relationship
34
with
a
student.
The
bill
adds
that
such
a
report
is
also
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required
to
be
made
for
conduct
that
constitutes
grooming
1
behavior
toward
a
student
or
for
conduct
that
constitutes
2
abusing
a
student.
The
bill
changes
references
to
a
3
romantic
relationship
in
Code
section
256.160(1)
(reporting
4
requirements)
to
refer,
instead,
to
a
sexual
or
physical
5
relationship.
6
The
bill
defines
“grooming
behavior”
as
any
behavior,
7
which
in
light
of
all
relevant
circumstances,
constitutes
8
actions
to
entice
or
entrap
a
student
or
students
with
the
9
intent
to
make
such
student
or
students
engage
in
a
sex
act.
10
Additionally,
the
bill
defines
“inappropriate
relationship”
as
11
an
unprofessional
relationship
for
an
educator
to
have
with
a
12
student,
a
sexual
relationship,
a
relationship
in
which
sexual
13
harassment
or
any
form
of
physical
or
sexual
abuse
occurs,
or
a
14
relationship
that
is
not
in
compliance
with
generally
accepted
15
educational
practices.
16
The
bill
makes
conforming
changes,
including
by
moving
the
17
definition
of
“misconduct”
within
Code
section
256.160.
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