House File 2567 H-8262 Amend House File 2567 as follows: 1 1. Page 1, after line 13 by inserting: 2 < Sec. ___. Section 232.69, subsection 1, paragraph b, 3 subparagraph (4), Code 2022, is amended to read as follows: 4 (4) A licensed school employee, certified para-educator, 5 holder of a coaching authorization issued under section 272.31 , 6 full-time school employee who is eighteen years of age or 7 older, or an instructor employed by a community college. > 8 2. By striking page 1, line 21, through page 4, line 27, and 9 inserting: 10 < Sec. ___. Section 256.9, Code 2022, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 65. a. Develop and implement a process 13 for the reporting and investigation of any incident that arises 14 that may reasonably lead to the conclusion that an individual 15 with a license, endorsement, certification, authorization, or 16 statement of recognition issued by the board of educational 17 examiners who is employed by the board of directors of a 18 school district or the authorities in charge of an accredited 19 nonpublic school has committed a felony or has engaged in 20 conduct described in section 272.15, subsection 1, paragraph 21 “a” , subparagraph (1), subparagraph divisions (a) through (d). 22 b. The process shall prohibit the boards of directors of a 23 school district and the authorities in charge of an accredited 24 nonpublic school from entering into any of the following: 25 (1) A written or oral agreement that prohibits the board of 26 directors of the school district or the authorities in charge 27 of an accredited nonpublic school, an employee of the school 28 district or the accredited nonpublic school, or a contractor 29 of the school district or the accredited nonpublic school 30 from discussing an incident, past performance or actions, 31 past allegations leading to discipline or adverse employment 32 action, or employee resignation with any governmental agent, 33 governmental officer, or any potential employer. 34 (2) A written or oral agreement that waives the liability 35 -1- HF 2567.4048 (2) 89 ec/jh 1/ 4 #1. #2.

of an individual with a license, endorsement, certification, 1 authorization, or statement of recognition issued by the 2 board of educational examiners related to or arising from an 3 incident, past performance or action, or past allegations of 4 wrongdoing. 5 c. The board of directors of a school district or the 6 authorities in charge of an accredited nonpublic school and 7 contractors of the school district or the accredited nonpublic 8 school shall be immune from any civil liability arising 9 from discussing an incident, past performance or actions, 10 past allegations leading to discipline or adverse employment 11 action, or employee resignation with any governmental agent, 12 governmental officer, or any potential employer. 13 d. If the board of educational examiners finds that the 14 board of directors of a school district or the authorities 15 in charge of an accredited nonpublic school has failed to 16 follow the process established by this subsection regarding an 17 incident, or the reporting requirements established pursuant to 18 section 272.15, the board of educational examiners shall assess 19 a fine against an administrator of the school district or the 20 accredited nonpublic school who failed to ensure compliance 21 with the process of not less than five hundred dollars and not 22 more than five thousand dollars. Payments of the fine provided 23 in this paragraph shall be remitted to the treasurer of the 24 state for deposit in the general fund of the state. 25 e. If the board of educational examiners finds that the 26 board of directors of a school district or the authorities in 27 charge of an accredited nonpublic school has intentionally 28 concealed, or attempted to conceal from any governmental 29 agent, governmental officer, or potential employer a founded 30 incident, or any conduct required to be reported pursuant to 31 section 272.15, the board of educational examiners shall assess 32 a fine against an administrator of the school district or the 33 accredited nonpublic school who assisted in the concealment, or 34 attempted concealment, of an incident, or any conduct required 35 -2- HF 2567.4048 (2) 89 ec/jh 2/ 4

to be reported pursuant to section 272.15, of not more than 1 ten thousand dollars. Payments of the fine provided in this 2 paragraph shall be remitted to the treasurer of the state for 3 deposit in the general fund of the state. > 4 3. By striking page 4, line 28, through page 5, line 3, and 5 inserting: 6 < Sec. ___. Section 256E.7, subsection 2, Code 2022, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . 0i. Be subject to and comply with the 9 requirements of section 280.32 in the same manner as a school 10 district. 11 Sec. ___. Section 272.2, subsection 14, paragraph b, 12 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 13 to read as follows: 14 The person entered a plea of guilty to, or has been found 15 guilty of, or the board has found by a preponderance of the 16 evidence that the person committed, any of the following 17 offenses, whether or not a sentence is imposed: > 18 4. Page 5, line 32, after < an > by inserting < ongoing > 19 5. Page 5, line 34, after < teacher. > by inserting < This 20 paragraph shall not be construed to require the board to 21 disclose unfounded, closed investigations initiated under 22 paragraph “a” . > 23 6. Page 6, by striking lines 2 and 3 and inserting 24 < complaints are filed against the same licensed practitioner. > 25 7. Page 6, by striking lines 4 through 7 and inserting: 26 < e. Adopt rules that require the board to investigate an 27 administrator who is employed by the school that employs a 28 licensed practitioner who is the subject of an investigation 29 initiated under paragraph “a” . The rules shall require 30 the board to investigate whether the administrator filed a 31 written complaint pursuant to this subsection and whether the 32 administrator was required to report to the board pursuant to 33 section 272.15. > 34 8. Page 6, line 12, by striking < At least six > and inserting 35 -3- HF 2567.4048 (2) 89 ec/jh 3/ 4 #3. #4. #5. #6. #7.

< Four > 1 9. Page 6, line 15, by striking < at least four > and 2 inserting < seven > 3 10. Page 7, by striking lines 21 through 25 and inserting 4 < has been issued a license, endorsement, certification, 5 authorization, or statement of recognition by the board of 6 educational examiners, a school district shall contact the 7 board of educational examiners to determine if the individual 8 is the subject of an ongoing investigation initiated pursuant 9 to section 272.2, subsection 15, if a complaint has been filed 10 against the individual pursuant to section 272.2, subsection 11 15, if a report has been filed against the individual pursuant 12 to section 272.15, or if the individual surrendered a license, 13 endorsement, certification, authorization, or statement of 14 recognition prior to the final disposition of an investigation. 15 Information provided pursuant to this subsection shall be 16 kept confidential, is not subject to chapter 22, and may only 17 be shared with individuals directly involved in the hiring 18 process. This subsection shall not be construed to require the 19 board of educational examiners to disclose unfounded, closed 20 investigations. > 21 11. Page 7, by striking lines 32 and 33 and inserting 22 < reporting and investigation of an incident involving the 23 possible commission of a felony by any person who has been 24 issued a license, endorsement, certification, authorization, 25 or statement of recognition by the board of educational 26 examiners. > 27 12. Title page, line 3, after < districts, > by inserting 28 < charter schools, > 29 13. By renumbering as necessary. 30 ______________________________ HITE of Mahaska -4- HF 2567.4048 (2) 89 ec/jh 4/ 4 #9. #10. #11. #12. #13.