Senate Study Bill 3042 - IntroducedA Bill ForAn Act 1relating to mandatory reporting to the board of
2educational examiners of licensed school employees who
3engage in grooming behavior toward students or the abuse of
4students.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 256.160, subsection 1, paragraph a,
2subparagraph (1), subparagraph division (a), Code 2024, is
3amended by striking the subparagraph division and inserting in
4lieu thereof the following:
   5(a)  Soliciting, encouraging, or consummating any of the
6following:
   7(i)  A romantic or physical relationship with a student.
   8(ii)  Grooming behavior toward a student.
   9(iii)  An otherwise inappropriate relationship with a
10student.
11   Sec. 2.  Section 256.160, subsection 1, paragraph a,
12subparagraph (1), Code 2024, is amended by adding the following
13new subparagraph division:
14   NEW SUBPARAGRAPH DIVISION.  (e)  Abusing a student.
15   Sec. 3.  Section 256.160, subsection 1, paragraph a,
16subparagraph (2), Code 2024, is amended to read as follows:
   17(2)  The board of directors of a school district or area
18education agency, the superintendent of a school district,
19the chief administrator of an area education agency, and
20the authorities in charge of an accredited nonpublic school
21shall report to the board the nonrenewal or termination, for
22reasons of alleged or actual misconduct, of a person’s contract
23executed under sections 279.12, 279.13, 279.15, 279.16, 279.18
24through 279.21, 279.23, and 279.24, and the resignation of
25a person who holds a license, certificate, or authorization
26issued by the board as a result of or following an incident
27or allegation of misconduct that, if proven, would constitute
28a violation of the rules adopted by the board to implement
29section 256.146, subsection 13, paragraph “b”, subparagraph
30(1); soliciting, encouraging, or consummating a romantic or
31physical relationship with a student, grooming behavior toward
32a student,
or an otherwise inappropriate relationship with
33a student; falsifying student grades, test scores, or other
34official information or material; or converting public property
35or funds to the personal use of the school employee; or abusing
-1-1a student
, when the board or reporting official has a good
2faith belief that the incident occurred or the allegation is
3true. The board may deny a license or revoke the license
4of an administrator if the board finds by a preponderance
5of the evidence that the administrator failed to report the
6termination or resignation of a school employee holding a
7license, certificate, statement of professional recognition,
8or coaching authorization, for reasons of alleged or actual
9misconduct, as defined by this section.
10   Sec. 4.  Section 256.160, subsection 1, paragraph c, Code
112024, is amended by striking the paragraph.
12   Sec. 5.  Section 256.160, Code 2024, is amended by adding the
13following new subsection:
14   NEW SUBSECTION.  5.  For purposes of this section:
   15a.  “Grooming behavior” means engaging in a pattern of
16flirtatious behavior, making any effort to gain unreasonable
17access to, or time alone with any student with no discernible
18educational purpose, engaging in any behavior that can
19reasonably be construed as involving an inappropriate, overly
20personal, or intimate relationship with or conduct toward or
21focus on a student, and engaging in any other individualized,
22special treatment not in compliance with generally accepted
23educational practices.
   24b.  “Misconduct” means an action disqualifying an applicant
25for a license or causing the license of a person to be revoked
26or suspended in accordance with the rules adopted by the board
27to implement section 256.146, subsection 13, paragraph “b”,
28subparagraph (1).
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This bill relates to mandatory reporting to the board of
33educational examiners of licensed school employees who engage
34in grooming behavior toward students of the abuse of students.
   35Current law requires the board of directors of a school
-2-1district or area education agency, the superintendent of a
2school district, the chief administrator of an area education
3agency, and the authorities in charge of an accredited
4nonpublic school, to report to the board of educational
5examiners any instance of disciplinary action taken against a
6licensed school employee for conduct constituting soliciting,
7encouraging, or consummating a romantic or otherwise
8inappropriate relationship with a student. The bill adds that
9such a report is also required to be made for conduct that
10constitutes grooming behavior toward a student or for conduct
11that constitutes abusing a student.
   12The bill defines “grooming behavior” as engaging in a
13pattern of flirtatious behavior, making any effort to gain
14unreasonable access to, or time alone with any student with
15no discernible educational purpose, engaging in any behavior
16that can reasonably be construed as involving an inappropriate,
17overly personal, or intimate relationship with or conduct
18toward or focus on a student, and engaging in any other
19individualized, special treatment not in compliance with
20generally accepted educational practices.
   21The bill makes conforming changes, including by moving the
22definition of “misconduct” within Code section 256.160.
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