House
File
430
H-1061
Amend
House
File
430
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
232.69,
subsection
1,
unnumbered
4
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
5
The
classes
of
persons
enumerated
in
this
subsection
shall
6
make
a
report
within
twenty-four
hours
and
as
provided
in
7
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
8
classes
of
persons
enumerated
in
this
subsection
shall
make
a
9
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
and
10
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
of
age
11
or
older,
which
would
be
defined
as
child
abuse
under
section
12
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
or
(5),
13
except
that
the
abuse
resulted
from
the
acts
or
omissions
of
14
a
person
other
than
a
person
responsible
for
the
care
of
the
15
child.
16
Sec.
2.
Section
232.69,
subsection
1,
paragraph
b,
17
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
18
(4)
A
licensed
school
employee,
certified
para-educator,
19
holder
of
a
coaching
authorization
issued
under
section
272.31
,
20
full-time
school
employee
who
is
eighteen
years
of
age
or
21
older,
or
an
instructor
employed
by
a
community
college.
22
Sec.
3.
Section
232.70,
subsection
5,
Code
2023,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
0f.
If
the
person
making
the
report
is
a
25
licensed
school
employee
who
reasonably
believes
the
person
26
responsible
for
the
injury
is
also
a
licensed
school
employee,
27
the
identity
of
the
licensed
school
employee
the
person
making
28
the
report
believes
is
responsible
for
the
injury.
29
Sec.
4.
Section
256.9,
Code
2023,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
66.
a.
Develop
and
implement
a
process
32
for
the
reporting
and
investigation
of
any
incident
that
arises
33
that
may
reasonably
lead
to
the
conclusion
that
an
individual
34
with
a
license,
endorsement,
certification,
authorization,
or
35
-1-
HF
430.870
(1)
90
jda/jh
1/
6
#1.
statement
of
recognition
issued
by
the
board
of
educational
1
examiners
who
is
employed
by
the
board
of
directors
of
a
2
school
district,
the
authorities
in
charge
of
an
accredited
3
nonpublic
school,
or
the
governing
board
of
a
charter
school
4
has
committed
a
felony
or
has
engaged
in
conduct
described
in
5
section
272.15,
subsection
1,
paragraph
“a”
,
subparagraph
(1),
6
subparagraph
divisions
(a)
through
(d).
7
b.
The
process
shall
prohibit
the
board
of
directors
of
a
8
school
district,
the
authorities
in
charge
of
an
accredited
9
nonpublic
school,
and
the
governing
board
of
a
charter
school
10
from
entering
into
any
of
the
following:
11
(1)
A
written
or
oral
agreement
that
prohibits
the
board
12
of
directors
of
the
school
district,
the
authorities
in
charge
13
of
an
accredited
nonpublic
school,
the
governing
board
of
14
a
charter
school,
an
employee
of
the
school
district,
the
15
accredited
nonpublic
school,
or
the
charter
school,
or
a
16
contractor
of
the
school
district,
the
accredited
nonpublic
17
school,
or
the
charter
school
from
discussing
an
incident,
past
18
performance
or
actions,
past
allegations
leading
to
discipline
19
or
adverse
employment
action,
or
employee
resignation
with
any
20
governmental
agent,
governmental
officer,
or
any
potential
21
employer.
22
(2)
A
written
or
oral
agreement
that
waives
the
liability
23
of
an
individual
with
a
license,
endorsement,
certification,
24
authorization,
or
statement
of
recognition
issued
by
the
25
board
of
educational
examiners
related
to
or
arising
from
an
26
incident,
past
performance
or
action,
or
past
allegations
of
27
wrongdoing.
28
c.
The
board
of
directors
of
a
school
district,
the
29
authorities
in
charge
of
an
accredited
nonpublic
school,
or
30
the
governing
board
of
a
charter
school,
and
contractors
of
31
the
school
district,
the
accredited
nonpublic
school,
or
the
32
charter
school
shall
be
immune
from
any
civil
liability
arising
33
from
discussing
an
incident,
past
performance
or
actions,
34
past
allegations
leading
to
discipline
or
adverse
employment
35
-2-
HF
430.870
(1)
90
jda/jh
2/
6
action,
or
employee
resignation
with
any
governmental
agent,
1
governmental
officer,
or
any
potential
employer.
2
d.
If
the
board
of
educational
examiners
finds
that
the
3
board
of
directors
of
a
school
district,
the
authorities
in
4
charge
of
an
accredited
nonpublic
school,
or
the
governing
5
board
of
a
charter
school
has
intentionally
failed
to
follow
6
the
process
established
by
this
subsection
regarding
an
7
incident,
or
the
reporting
requirements
established
pursuant
8
to
section
272.15,
the
board
of
educational
examiners
shall
9
assess
a
fine
against
an
administrator
of
the
school
district,
10
the
accredited
nonpublic
school,
or
the
charter
school
who
11
failed
to
ensure
compliance
with
the
process
of
not
less
than
12
five
hundred
dollars
and
not
more
than
five
thousand
dollars.
13
Payments
of
the
fine
provided
in
this
paragraph
shall
be
14
remitted
to
the
treasurer
of
the
state
for
deposit
in
the
15
general
fund
of
the
state.
16
e.
If
the
board
of
educational
examiners
finds
that
the
17
board
of
directors
of
a
school
district,
the
authorities
in
18
charge
of
an
accredited
nonpublic
school,
or
the
governing
19
board
of
a
charter
school
has
intentionally
concealed,
or
20
attempted
to
conceal
from
any
governmental
agent,
governmental
21
officer,
or
potential
employer
a
founded
incident,
or
any
22
conduct
required
to
be
reported
pursuant
to
section
272.15,
the
23
board
of
educational
examiners
shall
assess
a
fine
against
an
24
administrator
of
the
school
district,
the
accredited
nonpublic
25
school,
or
the
charter
school
who
assisted
in
the
concealment,
26
or
attempted
concealment,
of
an
incident,
or
any
conduct
27
required
to
be
reported
pursuant
to
section
272.15,
of
not
more
28
than
ten
thousand
dollars.
Payments
of
the
fine
provided
in
29
this
paragraph
shall
be
remitted
to
the
treasurer
of
the
state
30
for
deposit
in
the
general
fund
of
the
state.
31
Sec.
5.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
32
by
adding
the
following
new
paragraphs:
33
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
34
requirements
of
section
280.33
relating
to
the
reporting
and
35
-3-
HF
430.870
(1)
90
jda/jh
3/
6
investigation
of
an
incident
involving
the
possible
commission
1
of
a
felony
by
any
person
who
has
been
issued
a
license,
2
endorsement,
certification,
authorization,
or
statement
of
3
recognition
by
the
board
of
educational
examiners
in
the
same
4
manner
as
a
school
district.
5
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
the
6
requirements
of
section
280.34
relating
to
the
requirement
7
to
view
the
board
of
educational
examiners’
public
license
8
information
prior
to
hiring
an
individual
who
has
been
issued
9
a
license,
endorsement,
certification,
authorization,
or
10
statement
of
recognition
by
the
board
of
educational
examiners
11
in
the
same
manner
as
a
school
district.
12
Sec.
6.
Section
272.2,
subsection
14,
paragraph
b,
13
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
14
to
read
as
follows:
15
The
person
entered
a
plea
of
guilty
to,
or
has
been
found
16
guilty
of,
or
the
board
has
found
by
a
preponderance
of
the
17
evidence
that
the
person
committed,
any
of
the
following
18
offenses,
whether
or
not
a
sentence
is
imposed:
19
Sec.
7.
Section
272.2,
subsection
15,
Code
2023,
is
amended
20
to
read
as
follows:
21
15.
a.
Adopt
rules
that
require
specificity
in
written
22
complaints
that
are
filed
by
individuals
who
have
personal
23
knowledge
of
an
alleged
violation
and
which
are
accepted
by
24
the
board,
provide
that
the
jurisdictional
requirements
as
set
25
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
26
complaint
before
initiating
an
investigation
of
allegations,
27
provide
that
any
investigation
be
limited
to
the
allegations
28
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
29
interval
between
the
receipt
of
a
complaint
and
public
notice
30
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
31
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
32
allow
the
respondent
the
right
to
review
any
investigative
33
report
upon
a
finding
of
probable
cause
for
further
action
by
34
the
board,
require
that
the
conduct
providing
the
basis
for
35
-4-
HF
430.870
(1)
90
jda/jh
4/
6
the
complaint
occurred
within
three
years
of
discovery
of
the
1
event
by
the
complainant
unless
good
cause
can
be
shown
for
2
an
extension
of
this
limitation,
and
require
complaints
to
be
3
resolved
within
one
hundred
eighty
days
unless
good
cause
can
4
be
shown
for
an
extension
of
this
limitation.
5
b.
Adopt
rules
that
require
the
collection
and
retention
of
6
written
complaints
that
are
filed.
If
the
board
determines
a
7
written
complaint
is
not
founded,
the
complaint
and
all
records
8
related
to
the
complaint
shall
be
kept
confidential
and
are
not
9
subject
to
chapter
22.
10
c.
Adopt
rules
that
require
the
board
to
notify
the
public
11
when
a
licensed
practitioner
who
is
the
subject
of
an
ongoing
12
investigation
initiated
under
paragraph
“a”
has
a
case
pending
13
with
a
finding
of
probable
cause.
This
paragraph
shall
not
be
14
construed
to
require
the
board
to
disclose
unfounded,
closed
15
investigations
initiated
under
paragraph
“a”
.
16
d.
Adopt
rules
that
require
the
evaluation
of
complaints
17
that
did
not
result
in
any
discipline
or
sanction
if
similar
18
complaints
are
filed
against
the
same
licensed
practitioner.
19
e.
Adopt
rules
that
require
the
board
to
investigate
an
20
administrator
who
is
employed
by
the
school
that
employs
a
21
licensed
practitioner
who
is
the
subject
of
an
investigation
22
initiated
under
paragraph
“a”
.
The
rules
shall
require
23
the
board
to
investigate
whether
the
administrator
filed
a
24
written
complaint
pursuant
to
this
subsection
and
whether
the
25
administrator
was
required
to
report
to
the
board
pursuant
to
26
section
272.15.
27
Sec.
8.
NEW
SECTION
.
280.33
Incidents
related
to
licensed
28
practitioners
——
reporting
and
investigation.
29
The
board
of
directors
of
a
school
district
and
the
30
authorities
in
charge
of
each
accredited
nonpublic
school
shall
31
follow
the
process
created
by
the
department
of
education
32
pursuant
to
section
256.9,
subsection
66,
related
to
the
33
reporting
and
investigation
of
an
incident
involving
the
34
possible
commission
of
a
felony
by
any
person
who
has
been
35
-5-
HF
430.870
(1)
90
jda/jh
5/
6
issued
a
license,
endorsement,
certification,
authorization,
or
1
statement
of
recognition
by
the
board
of
educational
examiners.
2
Sec.
9.
NEW
SECTION
.
280.34
Requirement
to
view
public
3
license
information.
4
Prior
to
hiring
an
individual
who
has
been
issued
a
license,
5
endorsement,
certification,
authorization,
or
statement
of
6
recognition
by
the
board
of
educational
examiners,
a
school
7
district
or
an
accredited
nonpublic
school,
as
applicable,
8
shall
view
the
board
of
educational
examiners’
public
license
9
information
to
determine
if
the
individual
has
a
case
pending
10
with
a
finding
of
probable
cause
or
any
licensure
sanction.
11
This
section
shall
not
be
construed
to
require
the
board
12
of
educational
examiners
to
disclose
unfounded,
closed
13
investigations.
>
14
2.
Title
page,
line
3,
by
striking
<
school
employees
>
and
15
inserting
<
licensed
practitioners
>
16
______________________________
STAED
of
Linn
-6-
HF
430.870
(1)
90
jda/jh
6/
6
#2.