Bill Text: IA SSB3042 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to mandatory reporting to the board of educational examiners of licensed school employees who engage in grooming behavior toward students or the abuse of students.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-31 - Subcommittee recommends amendment and passage. []. [SSB3042 Detail]
Download: Iowa-2023-SSB3042-Introduced.html
Senate
Study
Bill
3042
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
relating
to
mandatory
reporting
to
the
board
of
1
educational
examiners
of
licensed
school
employees
who
2
engage
in
grooming
behavior
toward
students
or
the
abuse
of
3
students.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5396XD
(7)
90
jda/jh
S.F.
_____
H.F.
_____
Section
1.
Section
256.160,
subsection
1,
paragraph
a,
1
subparagraph
(1),
subparagraph
division
(a),
Code
2024,
is
2
amended
by
striking
the
subparagraph
division
and
inserting
in
3
lieu
thereof
the
following:
4
(a)
Soliciting,
encouraging,
or
consummating
any
of
the
5
following:
6
(i)
A
romantic
or
physical
relationship
with
a
student.
7
(ii)
Grooming
behavior
toward
a
student.
8
(iii)
An
otherwise
inappropriate
relationship
with
a
9
student.
10
Sec.
2.
Section
256.160,
subsection
1,
paragraph
a,
11
subparagraph
(1),
Code
2024,
is
amended
by
adding
the
following
12
new
subparagraph
division:
13
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Abusing
a
student.
14
Sec.
3.
Section
256.160,
subsection
1,
paragraph
a,
15
subparagraph
(2),
Code
2024,
is
amended
to
read
as
follows:
16
(2)
The
board
of
directors
of
a
school
district
or
area
17
education
agency,
the
superintendent
of
a
school
district,
18
the
chief
administrator
of
an
area
education
agency,
and
19
the
authorities
in
charge
of
an
accredited
nonpublic
school
20
shall
report
to
the
board
the
nonrenewal
or
termination,
for
21
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
22
executed
under
sections
279.12
,
279.13
,
279.15
,
279.16
,
279.18
23
through
279.21
,
279.23
,
and
279.24
,
and
the
resignation
of
24
a
person
who
holds
a
license,
certificate,
or
authorization
25
issued
by
the
board
as
a
result
of
or
following
an
incident
26
or
allegation
of
misconduct
that,
if
proven,
would
constitute
27
a
violation
of
the
rules
adopted
by
the
board
to
implement
28
section
256.146,
subsection
13
,
paragraph
“b”
,
subparagraph
29
(1);
soliciting,
encouraging,
or
consummating
a
romantic
or
30
physical
relationship
with
a
student,
grooming
behavior
toward
31
a
student,
or
an
otherwise
inappropriate
relationship
with
32
a
student;
falsifying
student
grades,
test
scores,
or
other
33
official
information
or
material;
or
converting
public
property
34
or
funds
to
the
personal
use
of
the
school
employee
;
or
abusing
35
-1-
LSB
5396XD
(7)
90
jda/jh
1/
3
S.F.
_____
H.F.
_____
a
student
,
when
the
board
or
reporting
official
has
a
good
1
faith
belief
that
the
incident
occurred
or
the
allegation
is
2
true.
The
board
may
deny
a
license
or
revoke
the
license
3
of
an
administrator
if
the
board
finds
by
a
preponderance
4
of
the
evidence
that
the
administrator
failed
to
report
the
5
termination
or
resignation
of
a
school
employee
holding
a
6
license,
certificate,
statement
of
professional
recognition,
7
or
coaching
authorization,
for
reasons
of
alleged
or
actual
8
misconduct,
as
defined
by
this
section
.
9
Sec.
4.
Section
256.160,
subsection
1,
paragraph
c,
Code
10
2024,
is
amended
by
striking
the
paragraph.
11
Sec.
5.
Section
256.160,
Code
2024,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
5.
For
purposes
of
this
section:
14
a.
“Grooming
behavior”
means
engaging
in
a
pattern
of
15
flirtatious
behavior,
making
any
effort
to
gain
unreasonable
16
access
to,
or
time
alone
with
any
student
with
no
discernible
17
educational
purpose,
engaging
in
any
behavior
that
can
18
reasonably
be
construed
as
involving
an
inappropriate,
overly
19
personal,
or
intimate
relationship
with
or
conduct
toward
or
20
focus
on
a
student,
and
engaging
in
any
other
individualized,
21
special
treatment
not
in
compliance
with
generally
accepted
22
educational
practices.
23
b.
“Misconduct”
means
an
action
disqualifying
an
applicant
24
for
a
license
or
causing
the
license
of
a
person
to
be
revoked
25
or
suspended
in
accordance
with
the
rules
adopted
by
the
board
26
to
implement
section
256.146,
subsection
13,
paragraph
“b”
,
27
subparagraph
(1).
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
mandatory
reporting
to
the
board
of
32
educational
examiners
of
licensed
school
employees
who
engage
33
in
grooming
behavior
toward
students
of
the
abuse
of
students.
34
Current
law
requires
the
board
of
directors
of
a
school
35
-2-
LSB
5396XD
(7)
90
jda/jh
2/
3
S.F.
_____
H.F.
_____
district
or
area
education
agency,
the
superintendent
of
a
1
school
district,
the
chief
administrator
of
an
area
education
2
agency,
and
the
authorities
in
charge
of
an
accredited
3
nonpublic
school,
to
report
to
the
board
of
educational
4
examiners
any
instance
of
disciplinary
action
taken
against
a
5
licensed
school
employee
for
conduct
constituting
soliciting,
6
encouraging,
or
consummating
a
romantic
or
otherwise
7
inappropriate
relationship
with
a
student.
The
bill
adds
that
8
such
a
report
is
also
required
to
be
made
for
conduct
that
9
constitutes
grooming
behavior
toward
a
student
or
for
conduct
10
that
constitutes
abusing
a
student.
11
The
bill
defines
“grooming
behavior”
as
engaging
in
a
12
pattern
of
flirtatious
behavior,
making
any
effort
to
gain
13
unreasonable
access
to,
or
time
alone
with
any
student
with
14
no
discernible
educational
purpose,
engaging
in
any
behavior
15
that
can
reasonably
be
construed
as
involving
an
inappropriate,
16
overly
personal,
or
intimate
relationship
with
or
conduct
17
toward
or
focus
on
a
student,
and
engaging
in
any
other
18
individualized,
special
treatment
not
in
compliance
with
19
generally
accepted
educational
practices.
20
The
bill
makes
conforming
changes,
including
by
moving
the
21
definition
of
“misconduct”
within
Code
section
256.160.
22
-3-
LSB
5396XD
(7)
90
jda/jh
3/
3