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.