House File 2487 - Enrolled
House File 2487
AN ACT
RELATING TO EDUCATION, INCLUDING BY MODIFYING PROVISIONS
RELATED TO MANDATORY REPORTING TO THE BOARD OF EDUCATIONAL
EXAMINERS OF CERTAIN SPECIFIED SCHOOL EMPLOYEES, COMPLAINTS
AGAINST SCHOOL EMPLOYEES AND THE INVESTIGATION OF COMPLAINTS
AGAINST SCHOOL EMPLOYEES, AND THE RESPONSIBILITIES OF
THE DEPARTMENT OF EDUCATION AND THE BOARD OF EDUCATIONAL
EXAMINERS.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 BOARD OF EDUCATIONAL EXAMINERS —— MANDATORY REPORTING
3 Section 1. Section 256.160, subsection 1, paragraph a,
4 subparagraph (1), subparagraph division (a), Code 2024, is
5 amended by striking the subparagraph division and inserting in
6 lieu thereof the following:
7 (a) Soliciting, encouraging, or consummating any of the
8 following:
9 (i) A sexual or physical relationship with a student.
10 (ii) Grooming behavior toward a student.
11 (iii) An otherwise inappropriate relationship with a
12 student.
13 Sec. 2. Section 256.160, subsection 1, paragraph a,
14 subparagraph (1), Code 2024, is amended by adding the following
15 new subparagraph division:
16 NEW SUBPARAGRAPH DIVISION. (e) Abusing a student.
17 Sec. 3. Section 256.160, subsection 1, paragraph a,
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18 subparagraph (2), Code 2024, is amended to read as follows:
19 (2) The board of directors of a school district or area
20 education agency, the superintendent of a school district,
21 the chief administrator of an area education agency, and
22 the authorities in charge of an accredited nonpublic school
23 shall report to the board the nonrenewal or termination, for
24 reasons of alleged or actual misconduct, of a person’s contract
25 executed under sections 279.12, 279.13, 279.15, 279.16, 279.18
26 through 279.21, 279.23, and 279.24, and the resignation of
27 a person who holds a license, certificate, or authorization
28 issued by the board as a result of or following an incident
29 or allegation of misconduct that, if proven, would constitute
30 a violation of the rules adopted by the board to implement
31 section 256.146, subsection 13, paragraph “b”, subparagraph
32 (1); soliciting, encouraging, or consummating a romantic sexual
33 or physical relationship with a student, grooming behavior
34 toward a student, or an otherwise inappropriate relationship
35 with a student; falsifying student grades, test scores, or
1 other official information or material; or converting public
2 property or funds to the personal use of the school employee;
3 being on school premises or at a school-sponsored activity
4 involving students while under the influence of, possessing,
5 using, or consuming illegal drugs, unauthorized drugs, or
6 alcohol; or abusing a student, when the board or reporting
7 official has a good faith belief that the incident occurred
8 or the allegation is true. The board may deny a license or
9 revoke the license of an administrator if the board finds by
10 a preponderance of the evidence that the administrator failed
11 to report the termination or resignation of a school employee
12 holding a license, certificate, statement of professional
13 recognition, or coaching authorization, for reasons of alleged
14 or actual misconduct, as defined by this section.
15 Sec. 4. Section 256.160, subsection 1, paragraph c, Code
16 2024, is amended by striking the paragraph.
17 Sec. 5. Section 256.160, Code 2024, is amended by adding the
18 following new subsection:
19 NEW SUBSECTION. 5. For purposes of this section:
20 a. “Grooming behavior” means any behavior, which in light
21 of all relevant circumstances, constitutes actions to entice
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22 or entrap a student or students with the intent to make such
23 student or students engage in a sex act.
24 b. “Inappropriate relationship” means any of the following:
25 (1) An unprofessional relationship for an educator to have
26 with a student.
27 (2) A sexual relationship.
28 (3) A relationship in which sexual harassment or any form of
29 physical or sexual abuse occurs.
30 (4) A relationship that is not in compliance with generally
31 accepted educational practices.
32 c. “Misconduct” means an action disqualifying an applicant
33 for a license or causing the license of a person to be revoked
34 or suspended in accordance with the rules adopted by the board
35 to implement section 256.146, subsection 13, paragraph “b”,
1 subparagraph (1).
2 DIVISION II
3 BOARD OF EDUCATIONAL EXAMINERS —— PROCESS FOR INVESTIGATING
4 COMPLAINTS
5 Sec. 6. Section 256.9, subsection 67, Code 2024, is amended
6 by striking the subsection.
7 Sec. 7. Section 256.146, Code 2024, is amended by adding the
8 following new subsection:
9 NEW SUBSECTION. 25. a. (1) Develop and implement a
10 process for the reporting and investigation of any incident
11 that arises that may reasonably lead to the conclusion that
12 any individual who is employed by the board of directors of a
13 school district, the authorities in charge of an accredited
14 nonpublic school, or the governing board of a charter
15 school, including an individual with a license, endorsement,
16 certification, authorization, or statement of recognition
17 issued by the board of educational examiners, has committed
18 a felony or, in the case of an individual with a license,
19 endorsement, certification, authorization, or statement of
20 recognition issued by the board of educational examiners, has
21 engaged in conduct described in section 256.160, subsection 1,
22 paragraph “a”, subparagraph (1).
23 (2) The process must require the board of educational
24 examiners to assign a unique identifier to each incident that
25 is reported. The board of educational examiners shall provide
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26 the unique identifier to the person who reported the incident
27 and to the employee who is the subject of the incident, and
28 the unique identifier must be able to be used to search the
29 board of educational examiners’ internet site to determine the
30 current status of the investigation of the incident, including
31 the date of the most recently taken action. The board of
32 educational examiners shall ensure that the portion of the
33 internet site displaying such information is only accessible by
34 the person who reported the incident, the employee who is the
35 subject of the incident, and the board of educational examiners
1 and its employees and agents.
2 b. The process shall prohibit the board of directors of a
3 school district, the authorities in charge of an accredited
4 nonpublic school, and the governing board of a charter school
5 from entering into any of the following:
6 (1) A written or oral agreement that prohibits the board
7 of directors of the school district, the authorities in charge
8 of an accredited nonpublic school, the governing board of
9 a charter school, an employee of the school district, the
10 accredited nonpublic school, or the charter school, or a
11 contractor of the school district, the accredited nonpublic
12 school, or the charter school from discussing an incident, past
13 performance or actions, past allegations leading to discipline
14 or adverse employment action, or employee resignation with any
15 governmental agent, governmental officer, or any potential
16 employer.
17 (2) A written or oral agreement that waives the liability
18 of an individual with a license, endorsement, certification,
19 authorization, or statement of recognition issued by the
20 board of educational examiners related to or arising from an
21 incident, past performance or action, or past allegations of
22 wrongdoing.
23 c. (1) The process shall require the board of directors
24 of a school district, the authorities in charge of an
25 accredited nonpublic school, and the governing board of a
26 charter school to provide all documentation and information
27 related to the incident to the board of educational examiners
28 for investigation if the employee who is the subject of the
29 incident and who has a license, endorsement, certification,
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30 authorization, or statement of recognition issued by the board
31 of educational examiners resigns or the employee’s contract is
32 terminated during the school district’s, accredited nonpublic
33 school’s, or charter school’s investigation of the incident.
34 (2) The process shall require the board of directors of a
35 school district, the authorities in charge of an accredited
1 nonpublic school, and the governing board of a charter school
2 to finalize the investigation of the incident even if the
3 employee who is the subject of the incident and who does not
4 have a license, endorsement, certification, authorization, or
5 statement of recognition issued by the board of educational
6 examiners resigns or the employee’s contract is terminated
7 during the school district’s, accredited nonpublic school’s, or
8 charter school’s investigation of the incident.
9 d. The process shall require that, prior to hiring an
10 applicant for any position, the board of directors of a
11 school district, the authorities in charge of an accredited
12 nonpublic school, and the governing board of a charter school
13 must conduct a review of the applicant’s employment history,
14 including by contacting the applicant’s previous employers
15 listed on the application for employment and by viewing the
16 board of educational examiners’ public license information to
17 determine if the applicant has a case pending with a finding of
18 probable cause or any licensure sanction.
19 e. The process shall require the board of directors of a
20 school district, the authorities in charge of an accredited
21 nonpublic school, and the governing board of a charter school
22 to maintain on forms prescribed by the board of educational
23 examiners reference information related to all employees of
24 the school district, accredited nonpublic school, or charter
25 school, and respond to any request for such information from
26 a potential employer. This paragraph shall not be construed
27 to require the board of directors of a school district, the
28 authorities in charge of an accredited nonpublic school, or
29 the governing board of a charter school to disclose unfounded,
30 closed investigations. The board of directors of a school
31 district, the authorities in charge of an accredited nonpublic
32 school, or the governing board of a charter school shall be
33 immune from any criminal or civil liability arising from the
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34 disclosure of reference information under this paragraph if the
35 school district, accredited nonpublic school, or charter school
1 does not knowingly disclose false information.
2 f. The board of directors of a school district, the
3 authorities in charge of an accredited nonpublic school, or
4 the governing board of a charter school, and contractors of
5 the school district, the accredited nonpublic school, or the
6 charter school shall be immune from any civil liability arising
7 from discussing an incident, past performance or actions,
8 past allegations leading to discipline or adverse employment
9 action, or employee resignation with any governmental agent,
10 governmental officer, or any potential employer.
11 g. If, after investigation, the board of educational
12 examiners determines that the board of directors of a
13 school district, the authorities in charge of an accredited
14 nonpublic school, or the governing board of a charter school
15 has intentionally failed to follow the process established
16 by this subsection regarding an incident, or the reporting
17 requirements established pursuant to section 256.160, related
18 to an employee who holds a license, endorsement, certification,
19 authorization, or statement of recognition issued by the board
20 of educational examiners, any administrator of the school
21 district, the accredited nonpublic school, or the charter
22 school who intentionally failed to ensure compliance with the
23 process shall be subject to a hearing conducted by the board of
24 educational examiners.
25 h. If, after investigation, the board of educational
26 examiners determines that the board of directors of a school
27 district, the authorities in charge of an accredited nonpublic
28 school, or the governing board of a charter school has
29 intentionally failed to follow the process established by
30 this subsection regarding an incident related to an employee
31 who does not hold a license, endorsement, certification,
32 authorization, or statement of recognition issued by the board
33 of educational examiners, any administrator of the school
34 district, the accredited nonpublic school, or the charter
35 school who intentionally failed to ensure compliance with the
1 process shall be subject to a hearing conducted by the board of
2 educational examiners.
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3 i. If, after investigation, the board of educational
4 examiners determines that the board of directors of a school
5 district, the authorities in charge of an accredited nonpublic
6 school, or the governing board of a charter school has
7 intentionally concealed, or attempted to conceal from any
8 governmental agent, governmental officer, or potential employer
9 a founded incident, or any conduct required to be reported
10 pursuant to section 256.160, related to an employee who holds
11 a license, endorsement, certification, authorization, or
12 statement of recognition issued by the board of educational
13 examiners, any administrator of the school district, the
14 accredited nonpublic school, or the charter school who
15 intentionally assisted in the concealment, or attempted
16 concealment, of an incident, or any conduct required to be
17 reported pursuant to section 256.160, shall be subject to a
18 hearing conducted by the board of educational examiners.
19 j. If, after investigation, the board of educational
20 examiners finds 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 related to an employee who does not hold
26 a license, endorsement, certification, authorization, or
27 statement of recognition issued by the board of educational
28 examiners, any administrator of the school district, the
29 accredited nonpublic school, or the charter school who
30 intentionally assisted in the concealment, or attempted
31 concealment, of an incident shall be subject to a hearing
32 conducted by the board of educational examiners.
33 k. (1) Annually, on or before June 30 of each year, the
34 board of educational examiners shall submit to the general
35 assembly a report that contains information related to all of
1 the following:
2 (a) The number and types of disciplinary hearings before the
3 board of educational examiners.
4 (b) Any trends in the number or types of disciplinary
5 hearings before the board of educational examiners.
6 (c) The number of board of educational examiners
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7 investigations of the employees of school districts, accredited
8 nonpublic schools, or charter schools who do not hold a
9 license, endorsement, certification, authorization, or
10 statement of recognition issued by the board of educational
11 examiners, that the board of educational examiners referred to
12 a law enforcement agency.
13 (d) Any other information deemed relevant by the board of
14 educational examiners in order to inform the general assembly
15 of the status of the enforcement of the board of educational
16 examiners’ rules.
17 (2) The report shall not include any personally
18 identifiable information related to investigations referred to
19 a law enforcement agency.
20 Sec. 8. Section 280.34, Code 2024, is amended to read as
21 follows:
22 280.34 Incidents related to licensed practitioners ——
23 reporting and investigation.
24 The board of directors of a school district and the
25 authorities in charge of each accredited nonpublic school shall
26 follow the process created by the department of education board
27 of educational examiners pursuant to section 256.9, subsection
28 67 256.146, subsection 25, related to the reporting and
29 investigation of an incident involving the possible commission
30 of a felony by any employee of the board of directors of the
31 school district or the authorities in charge of the accredited
32 nonpublic school.
33 Sec. 9. REPEAL. Section 256.158A, Code 2024, is repealed.
34 DIVISION III
35 BOARD OF EDUCATIONAL EXAMINERS —— REPORTING REQUIREMENTS
1 Sec. 10. Section 256.158, subsection 3, Code 2024, is
2 amended to read as follows: