SSB 3043 (LSB 5391XD (2) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION BILL)

A BILL FOR

An Act modifying the board of educational examiners’ reporting requirements related to the investigation of complaints against licensees and nonlicensed school employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.158, subsection 3, Code 2024, is amended to read as follows:
   3.  a.  All Subject to paragraph “b”, all complaint files, investigation files, other investigation reports, and other investigative information in the possession of the board or its employees or agents, which relate to licensee discipline or the investigation of nonlicensed school employees, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the board and its employees and agents involved in licensee discipline or the investigation of nonlicensed school employees, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. A complaint, any amendment to a complaint, and any supporting documents shall be provided to the respondent immediately upon the board’s determination that jurisdictional requirements have been met and prior to the commencement of the board’s investigation of a licensee. Investigative information in the possession of the board or its employees or agents which relates to licensee discipline may be disclosed to appropriate licensing authorities within this state, the appropriate licensing authority in another state, the District of Columbia, or a territory or country in which the licensee is licensed or has applied for a license. A final written decision and finding of fact of the board in a disciplinary proceeding is a public record.
   b.  Notwithstanding paragraph “a”, if the investigative information in the possession of the board or its employees or agents indicates that a crime has been committed by either a licensee or a nonlicensed school employee, the board shall report the investigative information to the proper law enforcement agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the board of educational examiners’ (BOEE) reporting requirements related to the investigation of complaints against licensees and nonlicensed school employees.
   Current law provides that all investigative information in the possession of the BOEE, which relates to licensee discipline, is privileged and confidential, and is not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the BOEE, and are not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. The bill provides that these same protections apply to the investigation of a nonlicensed school employee. Additionally, the bill establishes that, notwithstanding these protections, if the investigative information in the possession of the BOEE indicates that a crime has been committed by either a licensee or a nonlicensed school employee, the BOEE is required to report the investigative information to the proper law enforcement agency.