Senate
Study
Bill
3041
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
relating
to
education
by
modifying
provisions
related
1
to
a
process
for
investigating
complaints
against
school
2
employees
and
the
responsibilities
of
the
department
of
3
education
and
the
board
of
educational
examiners.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
256.9,
subsection
67,
Code
2024,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
256.146,
Code
2024,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
25.
a.
Develop
and
implement
a
process
5
for
the
reporting
and
investigation
of
any
incident
that
arises
6
that
may
reasonably
lead
to
the
conclusion
that
any
individual
7
who
is
employed
by
the
board
of
directors
of
a
school
district,
8
the
authorities
in
charge
of
an
accredited
nonpublic
school,
9
or
the
governing
board
of
a
charter
school,
including
an
10
individual
with
a
license,
endorsement,
certification,
11
authorization,
or
statement
of
recognition
issued
by
the
12
board
of
educational
examiners,
has
committed
a
felony
or,
13
in
the
case
of
an
individual
with
a
license,
endorsement,
14
certification,
authorization,
or
statement
of
recognition
15
issued
by
the
board
of
educational
examiners,
has
engaged
in
16
conduct
described
in
section
256.160,
subsection
1,
paragraph
17
“a”
,
subparagraph
(1).
18
b.
The
process
shall
prohibit
the
board
of
directors
of
a
19
school
district,
the
authorities
in
charge
of
an
accredited
20
nonpublic
school,
and
the
governing
board
of
a
charter
school
21
from
entering
into
any
of
the
following:
22
(1)
A
written
or
oral
agreement
that
prohibits
the
board
23
of
directors
of
the
school
district,
the
authorities
in
charge
24
of
an
accredited
nonpublic
school,
the
governing
board
of
25
a
charter
school,
an
employee
of
the
school
district,
the
26
accredited
nonpublic
school,
or
the
charter
school,
or
a
27
contractor
of
the
school
district,
the
accredited
nonpublic
28
school,
or
the
charter
school
from
discussing
an
incident,
past
29
performance
or
actions,
past
allegations
leading
to
discipline
30
or
adverse
employment
action,
or
employee
resignation
with
any
31
governmental
agent,
governmental
officer,
or
any
potential
32
employer.
33
(2)
A
written
or
oral
agreement
that
waives
the
liability
34
of
an
individual
with
a
license,
endorsement,
certification,
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authorization,
or
statement
of
recognition
issued
by
the
1
board
of
educational
examiners
related
to
or
arising
from
an
2
incident,
past
performance
or
action,
or
past
allegations
of
3
wrongdoing.
4
c.
(1)
The
process
shall
require
the
board
of
directors
5
of
a
school
district,
the
authorities
in
charge
of
an
6
accredited
nonpublic
school,
and
the
governing
board
of
a
7
charter
school
to
provide
all
documentation
and
information
8
related
to
the
incident
to
the
board
of
educational
examiners
9
for
investigation
if
the
employee
who
is
the
subject
of
the
10
incident
and
who
has
a
license,
endorsement,
certification,
11
authorization,
or
statement
of
recognition
issued
by
the
board
12
of
educational
examiners
resigns
or
the
employee’s
contract
is
13
terminated
during
the
school
district’s,
accredited
nonpublic
14
school’s,
or
charter
school’s
investigation
of
the
incident.
15
(2)
The
process
shall
require
the
board
of
directors
of
a
16
school
district,
the
authorities
in
charge
of
an
accredited
17
nonpublic
school,
and
the
governing
board
of
a
charter
school
18
to
finalize
the
investigation
of
the
incident
even
if
the
19
employee
who
is
the
subject
of
the
incident
and
who
does
not
20
have
a
license,
endorsement,
certification,
authorization,
or
21
statement
of
recognition
issued
by
the
board
of
educational
22
examiners
resigns
or
the
employee’s
contract
is
terminated
23
during
the
school
district’s,
accredited
nonpublic
school’s,
or
24
charter
school’s
investigation
of
the
incident.
25
d.
The
process
shall
require
that,
prior
to
hiring
an
26
applicant
for
any
position,
the
board
of
directors
of
a
27
school
district,
the
authorities
in
charge
of
an
accredited
28
nonpublic
school,
and
the
governing
board
of
a
charter
school
29
must
conduct
a
review
of
the
applicant’s
employment
history,
30
including
by
contacting
the
applicant’s
previous
employers
31
listed
on
the
application
for
employment
and
by
viewing
the
32
board
of
educational
examiners’
public
license
information
to
33
determine
if
the
applicant
has
a
case
pending
with
a
finding
of
34
probable
cause
or
any
licensure
sanction.
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e.
The
process
shall
require
the
board
of
directors
of
a
1
school
district,
the
authorities
in
charge
of
an
accredited
2
nonpublic
school,
and
the
governing
board
of
a
charter
school
3
to
maintain
on
forms
prescribed
by
the
board
of
educational
4
examiners
reference
information
related
to
all
employees
of
5
the
school
district,
accredited
nonpublic
school,
or
charter
6
school,
and
respond
to
any
request
for
such
information
from
7
a
potential
employer.
This
paragraph
shall
not
be
construed
8
to
require
the
board
of
directors
of
a
school
district,
the
9
authorities
in
charge
of
an
accredited
nonpublic
school,
or
10
the
governing
board
of
a
charter
school
to
disclose
unfounded,
11
closed
investigations.
The
board
of
directors
of
a
school
12
district,
the
authorities
in
charge
of
an
accredited
nonpublic
13
school,
or
the
governing
board
of
a
charter
school
shall
be
14
immune
from
any
criminal
or
civil
liability
arising
from
the
15
disclosure
of
reference
information
under
this
paragraph
if
the
16
school
district,
accredited
nonpublic
school,
or
charter
school
17
does
not
knowingly
disclose
false
information.
18
f.
The
board
of
directors
of
a
school
district,
the
19
authorities
in
charge
of
an
accredited
nonpublic
school,
or
20
the
governing
board
of
a
charter
school,
and
contractors
of
21
the
school
district,
the
accredited
nonpublic
school,
or
the
22
charter
school
shall
be
immune
from
any
civil
liability
arising
23
from
discussing
an
incident,
past
performance
or
actions,
24
past
allegations
leading
to
discipline
or
adverse
employment
25
action,
or
employee
resignation
with
any
governmental
agent,
26
governmental
officer,
or
any
potential
employer.
27
g.
If,
after
investigation,
the
board
of
educational
28
examiners
determines
that
the
board
of
directors
of
a
29
school
district,
the
authorities
in
charge
of
an
accredited
30
nonpublic
school,
or
the
governing
board
of
a
charter
school
31
has
intentionally
failed
to
follow
the
process
established
32
by
this
subsection
regarding
an
incident,
or
the
reporting
33
requirements
established
pursuant
to
section
256.160,
related
34
to
an
employee
who
holds
a
license,
endorsement,
certification,
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authorization,
or
statement
of
recognition
issued
by
the
board
1
of
educational
examiners,
any
administrator
of
the
school
2
district,
the
accredited
nonpublic
school,
or
the
charter
3
school
who
intentionally
failed
to
ensure
compliance
with
the
4
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
5
educational
examiners.
6
h.
If,
after
investigation,
the
board
of
educational
7
examiners
determines
that
the
board
of
directors
of
a
school
8
district,
the
authorities
in
charge
of
an
accredited
nonpublic
9
school,
or
the
governing
board
of
a
charter
school
has
10
intentionally
failed
to
follow
the
process
established
by
11
this
subsection
regarding
an
incident
related
to
an
employee
12
who
does
not
hold
a
license,
endorsement,
certification,
13
authorization,
or
statement
of
recognition
issued
by
the
board
14
of
educational
examiners,
any
administrator
of
the
school
15
district,
the
accredited
nonpublic
school,
or
the
charter
16
school
who
intentionally
failed
to
ensure
compliance
with
the
17
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
18
educational
examiners.
19
i.
If,
after
investigation,
the
board
of
educational
20
examiners
determines
that
the
board
of
directors
of
a
school
21
district,
the
authorities
in
charge
of
an
accredited
nonpublic
22
school,
or
the
governing
board
of
a
charter
school
has
23
intentionally
concealed,
or
attempted
to
conceal
from
any
24
governmental
agent,
governmental
officer,
or
potential
employer
25
a
founded
incident,
or
any
conduct
required
to
be
reported
26
pursuant
to
section
256.160,
related
to
an
employee
who
holds
27
a
license,
endorsement,
certification,
authorization,
or
28
statement
of
recognition
issued
by
the
board
of
educational
29
examiners,
any
administrator
of
the
school
district,
the
30
accredited
nonpublic
school,
or
the
charter
school
who
31
intentionally
assisted
in
the
concealment,
or
attempted
32
concealment,
of
an
incident,
or
any
conduct
required
to
be
33
reported
pursuant
to
section
256.160,
shall
be
subject
to
a
34
hearing
conducted
by
the
board
of
educational
examiners.
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j.
If,
after
investigation,
the
board
of
educational
1
examiners
finds
that
the
board
of
directors
of
a
school
2
district,
the
authorities
in
charge
of
an
accredited
nonpublic
3
school,
or
the
governing
board
of
a
charter
school
has
4
intentionally
concealed,
or
attempted
to
conceal
from
any
5
governmental
agent,
governmental
officer,
or
potential
employer
6
a
founded
incident
related
to
an
employee
who
does
not
hold
7
a
license,
endorsement,
certification,
authorization,
or
8
statement
of
recognition
issued
by
the
board
of
educational
9
examiners,
any
administrator
of
the
school
district,
the
10
accredited
nonpublic
school,
or
the
charter
school
who
11
intentionally
assisted
in
the
concealment,
or
attempted
12
concealment,
of
an
incident
shall
be
subject
to
a
hearing
13
conducted
by
the
board
of
educational
examiners.
14
k.
(1)
Annually,
on
or
before
June
30
of
each
year,
the
15
board
of
educational
examiners
shall
submit
to
the
general
16
assembly
a
report
that
contains
information
related
to
all
of
17
the
following:
18
(a)
The
number
and
types
of
disciplinary
hearings
before
the
19
board
of
educational
examiners.
20
(b)
Any
trends
in
the
number
or
types
of
disciplinary
21
hearings
before
the
board
of
educational
examiners.
22
(c)
The
number
of
board
of
educational
examiners
23
investigations
of
the
employees
of
school
districts,
accredited
24
nonpublic
schools,
or
charter
schools
who
do
not
hold
a
25
license,
endorsement,
certification,
authorization,
or
26
statement
of
recognition
issued
by
the
board
of
educational
27
examiners,
that
the
board
of
educational
examiners
referred
to
28
a
law
enforcement
agency.
29
(d)
Any
other
information
deemed
relevant
by
the
board
of
30
educational
examiners
in
order
to
inform
the
general
assembly
31
of
the
status
of
the
enforcement
of
the
board
of
educational
32
examiners’
rules.
33
(2)
The
report
shall
not
include
any
personally
34
identifiable
information
related
to
investigations
referred
to
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a
law
enforcement
agency.
1
Sec.
3.
Section
280.34,
Code
2024,
is
amended
to
read
as
2
follows:
3
280.34
Incidents
related
to
licensed
practitioners
——
4
reporting
and
investigation.
5
The
board
of
directors
of
a
school
district
and
the
6
authorities
in
charge
of
each
accredited
nonpublic
school
shall
7
follow
the
process
created
by
the
department
of
education
board
8
of
educational
examiners
pursuant
to
section
256.9,
subsection
9
67
256.146,
subsection
25
,
related
to
the
reporting
and
10
investigation
of
an
incident
involving
the
possible
commission
11
of
a
felony
by
any
employee
of
the
board
of
directors
of
the
12
school
district
or
the
authorities
in
charge
of
the
accredited
13
nonpublic
school.
14
Sec.
4.
REPEAL.
Section
256.158A,
Code
2024,
is
repealed.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
education
by
modifying
provisions
19
related
to
a
process
for
investigating
complaints
against
20
school
employees
and
the
responsibilities
of
the
department
of
21
education
(DE)
and
the
board
of
educational
examiners
(BOEE).
22
Current
law
requires
the
director
of
DE
to
develop
and
23
implement
a
process
for
the
reporting
and
investigation
of
24
any
incident
that
arises
that
may
reasonably
lead
to
the
25
conclusion
that
any
individual
who
is
employed
by
the
board
26
of
directors
of
a
school
district,
the
authorities
in
charge
27
of
an
accredited
nonpublic
school,
or
the
governing
board
of
28
a
charter
school
has
committed
a
felony
or,
in
the
case
of
29
an
individual
with
a
license,
endorsement,
certification,
30
authorization,
or
statement
of
recognition
issued
by
the
31
BOEE,
has
engaged
in
other
prohibited
conduct.
Current
law
32
also
establishes
required
elements
of
this
process,
including
33
prohibiting
schools
from
entering
into
certain
agreements,
34
requiring
schools
to
provide
documentation
related
to
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certain
incidents
to
the
BOEE,
requiring
schools
to
conduct
1
a
review
of
an
applicant’s
employment
history
and
public
2
license
information,
requiring
schools
to
maintain
reference
3
information
related
to
employees
and
respond
to
requests
4
for
such
information
from
potential
employers,
establishing
5
immunities
for
disclosure
of
certain
information
by
schools,
6
and
establishing
enforcement
mechanisms.
The
bill
transfers
7
all
of
the
authority
related
to
developing
and
implementing
8
this
process
from
DE
to
the
BOEE.
9
The
bill
requires
that
the
BOEE
include
in
its
annual
10
report
to
the
general
assembly
information
related
to
the
11
number
of
BOEE
investigations
of
school
employees
who
do
not
12
hold
a
license,
endorsement,
certification,
authorization,
13
or
statement
of
recognition
that
the
BOEE
referred
to
a
law
14
enforcement
agency.
The
bill
establishes
that
the
BOEE’s
15
annual
report
shall
not
include
any
personally
identifiable
16
information
related
to
investigations
referred
to
a
law
17
enforcement
agency.
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