House File 430 - Enrolled
House File 430
AN ACT
RELATING TO EDUCATION, INCLUDING REQUIREMENTS RELATED TO
MANDATORY REPORTERS, A PROCESS FOR INVESTIGATING COMPLAINTS
AGAINST SCHOOL EMPLOYEES, AND THE RESPONSIBILITIES OF
THE DEPARTMENT OF EDUCATION, SCHOOL DISTRICTS, CHARTER
SCHOOLS, ACCREDITED NONPUBLIC SCHOOLS, AND THE BOARD OF
EDUCATIONAL EXAMINERS, MODIFYING THE MEMBERSHIP OF THE
BOARD OF EDUCATIONAL EXAMINERS, AND INCLUDING APPLICABILITY
PROVISIONS.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.69, subsection 1, unnumbered
2 paragraph 1, Code 2023, is amended to read as follows:
3 The classes of persons enumerated in this subsection shall
4 make a report within twenty-four hours and as provided in
5 section 232.70, of cases of child abuse. In addition, the
6 classes of persons enumerated in this subsection shall make a
7 report of abuse of a child who is under twelve years of age and
8 may make a report of abuse of a child who is twelve years of age
9 or older, which would be defined as child abuse under section
10 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
11 except that the abuse resulted from the acts or omissions of
12 a person other than a person responsible for the care of the
13 child.
14 Sec. 2. Section 232.69, subsection 1, paragraph b,
15 subparagraph (4), Code 2023, is amended to read as follows:
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16 (4) A licensed school employee, certified para-educator,
17 holder of a coaching authorization issued under section 272.31,
18 school employee who is eighteen years of age or older, or an
19 instructor employed by a community college.
20 Sec. 3. Section 232.70, subsection 5, Code 2023, is amended
21 by adding the following new paragraph:
22 NEW PARAGRAPH. 0f. If the person making the report is a
23 licensed school employee who reasonably believes the person
24 responsible for the injury is also a licensed school employee,
25 the identity of the licensed school employee the person making
26 the report believes is responsible for the injury.
27 Sec. 4. Section 256.9, Code 2023, is amended by adding the
28 following new subsection:
29 NEW SUBSECTION. 66. a. Develop and implement a process
30 for the reporting and investigation of any incident that arises
31 that may reasonably lead to the conclusion that any individual
32 who is employed by the board of directors of a school district,
33 the authorities in charge of an accredited nonpublic school,
34 or the governing board of a charter school, including an
35 individual with a license, endorsement, certification,
1 authorization, or statement of recognition issued by the
2 board of educational examiners, has committed a felony or,
3 in the case of an individual with a license, endorsement,
4 certification, authorization, or statement of recognition
5 issued by the board of educational examiners, has engaged in
6 conduct described in section 272.15, subsection 1, paragraph
7 “a”, subparagraph (1), subparagraph divisions (a) through (d).
8 b. The process shall prohibit the board of directors of a
9 school district, the authorities in charge of an accredited
10 nonpublic school, and the governing board of a charter school
11 from entering into any of the following:
12 (1) A written or oral agreement that prohibits the board
13 of directors of the school district, the authorities in charge
14 of an accredited nonpublic school, the governing board of
15 a charter school, an employee of the school district, the
16 accredited nonpublic school, or the charter school, or a
17 contractor of the school district, the accredited nonpublic
18 school, or the charter school from discussing an incident, past
19 performance or actions, past allegations leading to discipline
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20 or adverse employment action, or employee resignation with any
21 governmental agent, governmental officer, or any potential
22 employer.
23 (2) A written or oral agreement that waives the liability
24 of an individual with a license, endorsement, certification,
25 authorization, or statement of recognition issued by the
26 board of educational examiners related to or arising from an
27 incident, past performance or action, or past allegations of
28 wrongdoing.
29 c. (1) The process shall require the board of directors
30 of a school district, the authorities in charge of an
31 accredited nonpublic school, and the governing board of a
32 charter school to provide all documentation and information
33 related to the incident to the board of educational examiners
34 for investigation if the employee who is the subject of the
35 incident and who has a license, endorsement, certification,
1 authorization, or statement of recognition issued by the board
2 of educational examiners resigns or the employee’s contract is
3 terminated during the school district’s, accredited nonpublic
4 school’s, or charter school’s investigation of the incident.
5 (2) The process shall require the board of directors of a
6 school district, the authorities in charge of an accredited
7 nonpublic school, and the governing board of a charter school
8 to finalize the investigation of the incident even if the
9 employee who is the subject of the incident and who does not
10 have a license, endorsement, certification, authorization, or
11 statement of recognition issued by the board of educational
12 examiners resigns or the employee’s contract is terminated
13 during the school district’s, accredited nonpublic school’s, or
14 charter school’s investigation of the incident.
15 d. The process shall require that, prior to hiring an
16 applicant for any position, the board of directors of a
17 school district, the authorities in charge of an accredited
18 nonpublic school, and the governing board of a charter school
19 must conduct a review of the applicant’s employment history,
20 including by contacting the applicant’s previous employers
21 listed on the application for employment and by viewing the
22 board of educational examiners’ public license information to
23 determine if the applicant has a case pending with a finding of
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24 probable cause or any licensure sanction.
25 e. The process shall require the board of directors of a
26 school district, the authorities in charge of an accredited
27 nonpublic school, and the governing board of a charter school
28 to maintain on forms prescribed by the department reference
29 information related to all employees of the school district,
30 accredited nonpublic school, or charter school, and respond to
31 any request for such information from a potential employer.
32 This paragraph shall not be construed to require the board of
33 directors of a school district, the authorities in charge of
34 an accredited nonpublic school, or the governing board of a
35 charter school to disclose unfounded, closed investigations.
1 The board of directors of a school district, the authorities
2 in charge of an accredited nonpublic school, or the governing
3 board of a charter school shall be immune from any criminal
4 or civil liability arising from the disclosure of reference
5 information under this paragraph if the school district,
6 accredited nonpublic school, or charter school does not
7 knowingly disclose false information.
8 f. 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, and contractors of
11 the school district, the accredited nonpublic school, or the
12 charter school shall be immune from any civil liability arising
13 from discussing an incident, past performance or actions,
14 past allegations leading to discipline or adverse employment
15 action, or employee resignation with any governmental agent,
16 governmental officer, or any potential employer.
17 g. If the board of educational examiners finds that the
18 board of directors of a school district, the authorities in
19 charge of an accredited nonpublic school, or the governing
20 board of a charter school has intentionally failed to follow
21 the process established by this subsection regarding an
22 incident, or the reporting requirements established pursuant
23 to section 272.15, related to an employee who holds a license,
24 endorsement, certification, authorization, or statement of
25 recognition issued by the board of educational examiners, any
26 administrator of the school district, the accredited nonpublic
27 school, or the charter school who intentionally failed to
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28 ensure compliance with the process shall be subject to a
29 hearing conducted by the board of educational examiners.
30 h. If the department finds that the board of directors of
31 a school district, the authorities in charge of an accredited
32 nonpublic school, or the governing board of a charter school
33 has intentionally failed to follow the process established by
34 this subsection regarding an incident related to an employee
35 who does not hold a license, endorsement, certification,
1 authorization, or statement of recognition issued by the board
2 of educational examiners, any administrator of the school
3 district, the accredited nonpublic school, or the charter
4 school who intentionally failed to ensure compliance with the
5 process shall be subject to a hearing conducted by the board of
6 educational examiners.
7 i. If the board of educational examiners finds that the
8 board of directors of a school district, the authorities in
9 charge of an accredited nonpublic school, or the governing
10 board of a charter school has intentionally concealed, or
11 attempted to conceal from any governmental agent, governmental
12 officer, or potential employer a founded incident, or any
13 conduct required to be reported pursuant to section 272.15,
14 related to an employee who holds a license, endorsement,
15 certification, authorization, or statement of recognition
16 issued by the board of educational examiners, any administrator
17 of the school district, the accredited nonpublic school, or the
18 charter school who intentionally assisted in the concealment,
19 or attempted concealment, of an incident, or any conduct
20 required to be reported pursuant to section 272.15, shall be
21 subject to a hearing conducted by the board of educational
22 examiners.
23 j. If the department finds that the board of directors of
24 a school district, the authorities in charge of an accredited
25 nonpublic school, or the governing board of a charter school
26 has intentionally concealed, or attempted to conceal from
27 any governmental agent, governmental officer, or potential
28 employer a founded incident related to an employee who does
29 not hold a license, endorsement, certification, authorization,
30 or statement of recognition issued by the board of educational
31 examiners, any administrator of the school district, the
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32 accredited nonpublic school, or the charter school who
33 intentionally assisted in the concealment, or attempted
34 concealment, of an incident shall be subject to a hearing
35 conducted by the board of educational examiners.
1 Sec. 5. NEW SECTION. 256.158A Required annual report to
2 general assembly.
3 Annually, on or before June 30 of each year, the board
4 shall submit to the general assembly a report that contains
5 information related to the number and types of disciplinary
6 hearings before the board, any trends in the number or types of
7 disciplinary hearings before the board, the number of hearings
8 requested under section 279.24, and any other information
9 deemed relevant by the board in order to inform the general
10 assembly of the status of the enforcement of the board’s rules.
11 The report shall not include any personally identifiable
12 information related to individuals who participated in hearings
13 before the board.
14 Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
15 by adding the following new paragraphs:
16 NEW PARAGRAPH. 0j. Be subject to and comply with the
17 requirements of section 280.33 relating to the reporting and
18 investigation of an incident involving the possible commission
19 of a felony by any person who has been issued a license,
20 endorsement, certification, authorization, or statement of
21 recognition by the board of educational examiners in the same
22 manner as a school district.
23 NEW PARAGRAPH. 00j. Be subject to and comply with the
24 requirements of section 280.34 relating to the requirement
25 to view the board of educational examiners’ public license
26 information prior to hiring an individual who has been issued
27 a license, endorsement, certification, authorization, or
28 statement of recognition by the board of educational examiners
29 in the same manner as a school district.
30 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
31 to read as follows:
32 15. a. Adopt rules that require specificity in written
33 complaints that are filed by individuals who have personal
34 knowledge of an alleged violation and which are accepted by
35 the board, provide that the jurisdictional requirements as set
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1 by the board in administrative rule are met on the face of the
2 complaint before initiating an investigation of allegations,
3 provide that any investigation be limited to the allegations
4 contained on the face of the complaint, provide for an adequate
5 interval between the receipt of a complaint and public notice
6 of the complaint, permit parties to a complaint to mutually
7 agree to a resolution of the complaint filed with the board,
8 allow the respondent the right to review any investigative
9 report upon a finding of probable cause for further action by
10 the board, require that the conduct providing the basis for
11 the complaint occurred within three years of discovery of the
12 event by the complainant unless good cause can be shown for
13 an extension of this limitation, and require complaints to be
14 resolved within one hundred eighty days unless good cause can
15 be shown for an extension of this limitation, and require the
16 board to finalize the investigation of the written complaint
17 even if the licensed practitioner resigns or surrenders the
18 licensed practitioner’s license, certificate, authorization, or
19 statement of recognition during the investigation.
20 b. Adopt rules that require the collection and retention of
21 written complaints that are filed. If the board determines a
22 written complaint is not founded, the complaint and all records
23 related to the complaint shall be kept confidential and are not
24 subject to chapter 22.
25 c. Adopt rules that require the board to notify the public
26 when a licensed practitioner who is the subject of an ongoing
27 investigation initiated under paragraph “a” has a case pending
28 with a finding of probable cause. This paragraph shall not be
29 construed to require the board to disclose unfounded, closed
30 investigations initiated under paragraph “a”.
31 d. Adopt rules that require the evaluation of complaints
32 that did not result in any discipline or sanction if similar
33 complaints are filed against the same licensed practitioner.
34 e. Adopt rules that require the board to investigate an
35 administrator who is employed by the school that employs a
1 licensed practitioner who is the subject of an investigation
2 initiated under paragraph “a”. The rules shall require
3 the board to investigate whether the administrator filed a
4 written complaint pursuant to this subsection and whether the
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5 administrator was required to report to the board pursuant to
6 section 272.15.
7 Sec. 8. Section 272.3, Code 2023, is amended by striking the
8 section and inserting in lieu thereof the following:
9 272.3 Membership.
10 1. The board of educational examiners shall consist of
11 thirteen members, subject to the following requirements:
12 a. Four members shall be members of the general public
13 who have demonstrated an interest in education but have
14 never held a practitioner’s license. Two of the members
15 appointed pursuant to this paragraph shall be the parent or
16 guardian of a student who is currently enrolled in a school
17 district, accredited nonpublic school, or charter school,
18 shall not currently hold any elective office, and shall not
19 be an employee or contractor of a school district, accredited
20 nonpublic school, or charter school. One of the members
21 appointed pursuant to this paragraph shall have been or
22 currently be a member of the board of directors of a school
23 district.
24 b. Eight members shall be licensed practitioners. Three
25 of the members appointed pursuant to this paragraph shall be
26 administrators and one shall be an employee of an accredited
27 nonpublic school. The remaining four members appointed
28 pursuant to this paragraph shall be selected from the following
29 areas and specialties of the teaching profession:
30 (1)