Senate
Study
Bill
3043
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
modifying
the
board
of
educational
examiners’
reporting
1
requirements
related
to
the
investigation
of
complaints
2
against
licensees
and
nonlicensed
school
employees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
256.158,
subsection
3,
Code
2024,
is
1
amended
to
read
as
follows:
2
3.
a.
All
Subject
to
paragraph
“b”
,
all
complaint
files,
3
investigation
files,
other
investigation
reports,
and
other
4
investigative
information
in
the
possession
of
the
board
or
5
its
employees
or
agents,
which
relate
to
licensee
discipline
6
or
the
investigation
of
nonlicensed
school
employees
,
are
7
privileged
and
confidential,
and
are
not
subject
to
discovery,
8
subpoena,
or
other
means
of
legal
compulsion
for
their
release
9
to
a
person
other
than
the
respondent
and
the
board
and
10
its
employees
and
agents
involved
in
licensee
discipline
or
11
the
investigation
of
nonlicensed
school
employees
,
and
are
12
not
admissible
in
evidence
in
a
judicial
or
administrative
13
proceeding
other
than
the
proceeding
involving
licensee
14
discipline.
A
complaint,
any
amendment
to
a
complaint,
and
15
any
supporting
documents
shall
be
provided
to
the
respondent
16
immediately
upon
the
board’s
determination
that
jurisdictional
17
requirements
have
been
met
and
prior
to
the
commencement
of
the
18
board’s
investigation
of
a
licensee
.
Investigative
information
19
in
the
possession
of
the
board
or
its
employees
or
agents
which
20
relates
to
licensee
discipline
may
be
disclosed
to
appropriate
21
licensing
authorities
within
this
state,
the
appropriate
22
licensing
authority
in
another
state,
the
District
of
Columbia,
23
or
a
territory
or
country
in
which
the
licensee
is
licensed
24
or
has
applied
for
a
license.
A
final
written
decision
and
25
finding
of
fact
of
the
board
in
a
disciplinary
proceeding
is
a
26
public
record.
27
b.
Notwithstanding
paragraph
“a”
,
if
the
investigative
28
information
in
the
possession
of
the
board
or
its
employees
29
or
agents
indicates
that
a
crime
has
been
committed
by
either
30
a
licensee
or
a
nonlicensed
school
employee,
the
board
shall
31
report
the
investigative
information
to
the
proper
law
32
enforcement
agency.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
modifies
the
board
of
educational
examiners’
2
(BOEE)
reporting
requirements
related
to
the
investigation
of
3
complaints
against
licensees
and
nonlicensed
school
employees.
4
Current
law
provides
that
all
investigative
information
5
in
the
possession
of
the
BOEE,
which
relates
to
licensee
6
discipline,
is
privileged
and
confidential,
and
is
not
subject
7
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
8
for
their
release
to
a
person
other
than
the
respondent
and
9
the
BOEE,
and
are
not
admissible
in
evidence
in
a
judicial
10
or
administrative
proceeding
other
than
the
proceeding
11
involving
licensee
discipline.
The
bill
provides
that
these
12
same
protections
apply
to
the
investigation
of
a
nonlicensed
13
school
employee.
Additionally,
the
bill
establishes
that,
14
notwithstanding
these
protections,
if
the
investigative
15
information
in
the
possession
of
the
BOEE
indicates
that
16
a
crime
has
been
committed
by
either
a
licensee
or
a
17
nonlicensed
school
employee,
the
BOEE
is
required
to
report
the
18
investigative
information
to
the
proper
law
enforcement
agency.
19
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