Bill Text: IA SSB3047 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to school employees and the duties and responsibilities of the board of educational examiners, and providing penalties.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-22 - In Education [SSB3047 Detail]
Download: Iowa-2013-SSB3047-Introduced.html
Senate
Study
Bill
3047
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
EDUCATIONAL
EXAMINERS
BILL)
A
BILL
FOR
An
Act
relating
to
school
employees
and
the
duties
and
1
responsibilities
of
the
board
of
educational
examiners,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
272.1,
Code
2014,
is
amended
by
adding
1
the
following
new
unnumbered
paragraph:
2
NEW
UNNUMBERED
PARAGRAPH
.
As
used
in
this
chapter,
unless
3
the
context
otherwise
requires:
4
Sec.
2.
Section
272.1,
subsections
3
and
5,
Code
2014,
are
5
amended
to
read
as
follows:
6
3.
“Certificate”
means
limited
recognition
to
perform
7
instruction
and
instruction-related
duties
in
school,
other
8
than
those
duties
for
which
practitioners
are
licensed.
A
9
certificate
is
nonexclusive
recognition
and
does
not
confer
the
10
exclusive
authority
of
a
license.
11
5.
“License”
means
the
authority
that
is
given
to
allow
a
12
person
to
legally
serve
as
a
practitioner,
education
provider,
13
or
school
employee,
or
as
a
school,
an
institution,
or
a
course
14
of
study
to
legally
offer
professional
development
programs,
15
other
than
those
programs
offered
by
practitioner
preparation
16
schools,
institutions,
courses
of
study,
or
area
education
17
agencies.
A
license
is
the
exclusive
authority
to
perform
18
these
functions.
“License”
includes
a
certificate,
statement
of
19
professional
recognition,
or
authorization
issued
under
this
20
chapter.
21
Sec.
3.
Section
272.1,
Code
2014,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
12A.
“School
employee”
means
an
employee
24
of
a
school.
25
Sec.
4.
Section
272.2,
subsection
1,
Code
2014,
is
amended
26
to
read
as
follows:
27
1.
a.
License
practitioners
,
education
providers,
and
28
school
employees
,
which
includes
the
authority
to
establish
29
criteria
for
the
licenses;
establish
issuance
and
renewal
30
requirements;
create
application
and
renewal
forms;
create
31
licenses
that
authorize
different
instructional
functions
32
or
specialties;
develop
a
code
of
professional
rights
and
33
responsibilities,
practices,
and
ethics,
which
shall,
among
34
other
things,
address
the
failure
of
a
practitioner
to
fulfill
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contractual
obligations
under
section
279.13
;
and
develop
any
1
other
classifications,
distinctions,
and
procedures
which
may
2
be
necessary
to
exercise
licensing
duties.
In
addressing
the
3
failure
of
a
practitioner
to
fulfill
contractual
obligations,
4
the
board
shall
consider
factors
beyond
the
practitioner’s
5
control.
6
b.
Provide
annually
to
any
person
who
holds
a
license
,
7
certificate,
authorization,
or
statement
of
recognition
8
issued
by
the
board,
training
relating
to
the
knowledge
and
9
understanding
of
the
board’s
code
of
professional
conduct
and
10
ethics.
The
board
shall
develop
a
curriculum
that
addresses
11
the
code
of
professional
conduct
and
ethics
and
shall
annually
12
provide
regional
training
opportunities
throughout
the
state.
13
Sec.
5.
Section
272.2,
subsection
4,
Code
2014,
is
amended
14
to
read
as
follows:
15
4.
Enforce
rules
adopted
by
the
board
through
revocation
16
or
suspension
of
a
license,
or
by
other
disciplinary
action
17
against
a
practitioner
person
or
professional
development
18
program
licensed
by
the
board
of
educational
examiners.
The
19
board
shall
designate
who
may
or
shall
initiate
a
licensee
20
disciplinary
investigation
and
a
licensee
disciplinary
21
proceeding,
and
who
shall
prosecute
a
disciplinary
proceeding
22
and
under
what
conditions,
and
shall
state
the
procedures
for
23
review
by
the
board
of
findings
of
fact
if
a
majority
of
the
24
board
does
not
hear
the
disciplinary
proceeding.
However,
in
25
a
case
alleging
failure
of
a
practitioner
person
to
fulfill
26
contractual
obligations,
the
person
who
files
a
complaint
with
27
the
board,
or
the
complainant’s
designee,
shall
represent
the
28
complainant
in
a
disciplinary
hearing
conducted
in
accordance
29
with
this
chapter
.
30
Sec.
6.
Section
272.2,
subsection
14,
paragraphs
a
and
d,
31
Code
2014,
are
amended
to
read
as
follows:
32
a.
The
board
may
deny
a
license
to
or
revoke
the
license
33
of
a
person
upon
the
board’s
finding
by
a
preponderance
of
34
evidence
that
either
the
person
has
been
convicted
of
a
crime
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or
that
there
has
been
a
founded
report
of
child
abuse
against
1
the
person.
Rules
adopted
in
accordance
with
this
paragraph
2
shall
provide
that
in
determining
whether
a
person
should
be
3
denied
a
license
or
that
a
practitioner’s
person’s
license
4
should
be
revoked,
the
board
shall
consider
the
nature
and
5
seriousness
of
the
founded
abuse
or
crime
in
relation
to
6
the
position
sought,
the
time
elapsed
since
the
crime
was
7
committed,
the
degree
of
rehabilitation
which
has
taken
place
8
since
the
incidence
of
founded
abuse
or
the
commission
of
9
the
crime,
the
likelihood
that
the
person
will
commit
the
10
same
abuse
or
crime
again,
and
the
number
of
founded
abuses
11
committed
by
or
criminal
convictions
of
the
person
involved.
12
d.
An
applicant
for
a
license
or
certificate
under
this
13
chapter
shall
demonstrate
that
the
requirements
of
the
license
14
or
certificate
have
been
met
and
the
burden
of
proof
shall
be
15
on
the
applicant.
16
Sec.
7.
Section
272.2,
subsection
17,
Code
2014,
is
amended
17
to
read
as
follows:
18
17.
Adopt
rules
to
require
that
a
background
investigation
19
be
conducted
by
the
division
of
criminal
investigation
of
the
20
department
of
public
safety
on
all
initial
applicants
for
21
licensure
a
license
or
renewal
of
a
license
.
The
board
shall
22
also
require
all
initial
applicants
to
submit
a
completed
23
fingerprint
packet
and
shall
use
the
packet
to
facilitate
a
24
national
criminal
history
background
check.
The
board
shall
25
have
access
to,
and
shall
review
the
sex
offender
registry
26
information
under
section
692A.121
available
to
the
general
27
public,
the
central
registry
for
child
abuse
information
28
established
under
chapter
235A
,
and
the
dependent
adult
abuse
29
records
maintained
under
chapter
235B
for
information
regarding
30
applicants
for
a
license
or
renewal
of
a
license
.
An
applicant
31
for
a
license
or
renewal
of
a
license
issued
pursuant
to
32
section
272.31,
subsection
3A,
is
exempt
from
rules
adopted
33
pursuant
to
this
subsection.
34
Sec.
8.
Section
272.15,
subsection
1,
paragraph
a,
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subparagraph
(1),
unnumbered
paragraph
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
The
board
of
directors
of
a
school
district
or
area
education
3
agency,
the
superintendent
of
a
school
district,
the
chief
4
administrator
of
an
area
education
agency,
and
the
authorities
5
in
charge
of
an
accredited
nonpublic
school
shall
report
to
6
the
board
any
instance
of
disciplinary
action
taken
against
7
a
licensed
school
employee
by
the
board
of
directors
of
the
8
school
district
or
area
education
agency,
the
superintendent
9
of
the
school
district,
the
chief
administrator
of
the
10
area
education
agency,
or
the
authorities
in
charge
of
the
11
accredited
nonpublic
school
for
conduct
constituting
any
of
the
12
following:
13
Sec.
9.
Section
272.15,
subsection
1,
paragraph
a,
14
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
15
(2)
The
board
of
directors
of
a
school
district
or
area
16
education
agency,
the
superintendent
of
a
school
district,
17
the
chief
administrator
of
an
area
education
agency,
and
18
the
authorities
in
charge
of
an
accredited
nonpublic
school
19
shall
report
to
the
board
the
nonrenewal
or
termination,
for
20
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
21
executed
under
sections
279.12
,
279.13
,
279.15
through
279.21
,
22
279.23
,
and
279.24
,
and
the
resignation
of
a
person
who
holds
23
a
license
,
certificate,
or
authorization
issued
by
the
board
,
24
as
a
result
of
or
following
an
incident
or
allegation
of
25
misconduct
that,
if
proven,
would
constitute
a
violation
of
26
the
rules
adopted
by
the
board
to
implement
section
272.2,
27
subsection
14
,
paragraph
“b”
,
subparagraph
(1);
soliciting,
28
encouraging,
or
consummating
a
romantic
or
otherwise
29
inappropriate
relationship
with
a
student;
falsifying
student
30
grades,
test
scores,
or
other
official
information
or
material;
31
or
converting
public
property
or
funds
to
the
personal
use
of
32
the
school
employee,
when
the
board
or
reporting
official
has
a
33
good
faith
belief
that
the
incident
occurred
or
the
allegation
34
is
true.
The
board
may
deny
a
license
or
revoke
the
license
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of
an
administrator
if
the
board
finds
by
a
preponderance
1
of
the
evidence
that
the
administrator
failed
to
report
the
2
termination
or
resignation
of
a
school
employee
holding
a
3
license
,
certificate,
statement
of
professional
recognition,
4
or
coaching
authorization
,
for
reasons
of
alleged
or
actual
5
misconduct,
as
defined
by
this
section
.
6
Sec.
10.
Section
272.31,
Code
2014,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
3A.
The
board
shall
issue
a
school
employee
9
authorization
to
a
school
employee
who
is
not
otherwise
10
issued
a
license,
certificate,
or
statement
of
professional
11
recognition
under
this
chapter,
or
an
authorization
under
12
subsection
1,
2,
or
3.
13
Sec.
11.
Section
709.15,
subsection
1,
paragraph
f,
Code
14
2014,
is
amended
to
read
as
follows:
15
f.
“School
employee”
means
a
practitioner
as
defined
in
16
section
272.1
an
individual
issued
a
license,
certificate,
17
statement
of
professional
recognition,
or
authorization
under
18
chapter
272
.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
requires
the
board
of
educational
examiners
23
to
issue
an
authorization
to
school
employees
who
are
not
24
currently
under
the
purview
of
the
board,
and
provides
that
25
the
board’s
code
of
professional
rights
and
responsibilities,
26
practices,
and
ethics
applies
to
any
person
who
holds
27
a
license,
certificate,
authorization,
or
statement
of
28
professional
recognition
issued
by
the
board.
The
board
will
29
be
required
to
provide
such
employees
with
training
relating
to
30
the
board’s
code.
31
The
bill
amends
the
definition
of
“license”
by
providing
32
that
the
definition
means
the
authority
given
to
allow
a
person
33
to
legally
serve
as
a
practitioner,
education
provider,
or
34
school
employee,
and
further
adds
that
“license”
includes
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a
certificate,
statement
of
professional
recognition,
or
1
authorization
issued
under
Code
chapter
272.
2
The
bill
defines
“school
employee”
to
mean
any
employee
of
a
3
school
district,
accredited
nonpublic
school,
or
area
education
4
agency.
The
bill
makes
corresponding
changes
relating
to
the
5
adoption
of
the
definition
throughout
the
Code
chapter.
6
The
bill
also
requires
the
board
to
adopt
rules
to
require
7
a
background
investigation
by
the
division
of
criminal
8
investigation
of
the
department
of
public
safety
on
any
9
applicant
for
a
license
and
any
applicant
seeking
to
renew
a
10
license.
Current
law
requires
the
background
check
only
on
11
initial
applicants
for
licensure.
The
bill
exempts
from
such
12
rules
applicants
for
a
school
employee
authorization
or
renewal
13
of
that
authorization.
14
The
bill
also
broadens
Code
language
establishing
reporting
15
and
complaint
requirements
relating
to
disciplinary
actions,
16
and
reports
of
nonrenewal
of
contract,
or
termination
or
17
resignation
of
an
employee
for
reasons
of
alleged
or
actual
18
misconduct,
by
school
districts,
schools,
and
area
education
19
agencies
and
their
administrators,
to
cover
all
school
20
employees,
not
just
licensed
employees
or
those
employees
21
currently
holding
certificates
or
authorizations.
22
The
bill
also
amends
the
definition
of
“school
employee”
23
used
for
purposes
of
the
Code
provision
that
establishes
24
criminal
penalties
for
sexual
exploitation
by
a
school
25
employee.
The
bill
broadens
the
definition
to
include
not
just
26
a
practitioner
but
any
individual
to
whom
the
board
issues
a
27
license,
certificate,
statement
of
professional
recognition,
28
or
authorization.
This
broadening
of
the
offense
of
sexual
29
exploitation
results
in
making
school
employees
subject
to
the
30
sex
offender
registry,
but
does
not
classify
the
offense
as
a
31
forcible
felony.
Under
the
bill,
a
school
employee
who
commits
32
sexual
exploitation
in
violation
of
Code
section
709.15(5)
33
commits
either
an
aggravated
misdemeanor,
which
is
punishable
34
by
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
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