House
File
2487
H-8178
Amend
House
File
2487
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
BOARD
OF
EDUCATIONAL
EXAMINERS
——
MANDATORY
REPORTING
>
4
2.
Page
2,
after
line
26
by
inserting:
5
<
DIVISION
___
6
BOARD
OF
EDUCATIONAL
EXAMINERS
——
PROCESS
FOR
INVESTIGATING
7
COMPLAINTS
8
Sec.
___.
Section
256.9,
subsection
67,
Code
2024,
is
9
amended
by
striking
the
subsection.
10
Sec.
___.
Section
256.146,
Code
2024,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
25.
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
any
individual
15
who
is
employed
by
the
board
of
directors
of
a
school
district,
16
the
authorities
in
charge
of
an
accredited
nonpublic
school,
17
or
the
governing
board
of
a
charter
school,
including
an
18
individual
with
a
license,
endorsement,
certification,
19
authorization,
or
statement
of
recognition
issued
by
the
20
board
of
educational
examiners,
has
committed
a
felony
or,
21
in
the
case
of
an
individual
with
a
license,
endorsement,
22
certification,
authorization,
or
statement
of
recognition
23
issued
by
the
board
of
educational
examiners,
has
engaged
in
24
conduct
described
in
section
256.160,
subsection
1,
paragraph
25
“a”
,
subparagraph
(1).
26
b.
The
process
shall
prohibit
the
board
of
directors
of
a
27
school
district,
the
authorities
in
charge
of
an
accredited
28
nonpublic
school,
and
the
governing
board
of
a
charter
school
29
from
entering
into
any
of
the
following:
30
(1)
A
written
or
oral
agreement
that
prohibits
the
board
31
of
directors
of
the
school
district,
the
authorities
in
charge
32
of
an
accredited
nonpublic
school,
the
governing
board
of
33
a
charter
school,
an
employee
of
the
school
district,
the
34
accredited
nonpublic
school,
or
the
charter
school,
or
a
35
-1-
HF
2487.3523
(1)
90
jda/jh
1/
8
#1.
#2.
contractor
of
the
school
district,
the
accredited
nonpublic
1
school,
or
the
charter
school
from
discussing
an
incident,
past
2
performance
or
actions,
past
allegations
leading
to
discipline
3
or
adverse
employment
action,
or
employee
resignation
with
any
4
governmental
agent,
governmental
officer,
or
any
potential
5
employer.
6
(2)
A
written
or
oral
agreement
that
waives
the
liability
7
of
an
individual
with
a
license,
endorsement,
certification,
8
authorization,
or
statement
of
recognition
issued
by
the
9
board
of
educational
examiners
related
to
or
arising
from
an
10
incident,
past
performance
or
action,
or
past
allegations
of
11
wrongdoing.
12
c.
(1)
The
process
shall
require
the
board
of
directors
13
of
a
school
district,
the
authorities
in
charge
of
an
14
accredited
nonpublic
school,
and
the
governing
board
of
a
15
charter
school
to
provide
all
documentation
and
information
16
related
to
the
incident
to
the
board
of
educational
examiners
17
for
investigation
if
the
employee
who
is
the
subject
of
the
18
incident
and
who
has
a
license,
endorsement,
certification,
19
authorization,
or
statement
of
recognition
issued
by
the
board
20
of
educational
examiners
resigns
or
the
employee’s
contract
is
21
terminated
during
the
school
district’s,
accredited
nonpublic
22
school’s,
or
charter
school’s
investigation
of
the
incident.
23
(2)
The
process
shall
require
the
board
of
directors
of
a
24
school
district,
the
authorities
in
charge
of
an
accredited
25
nonpublic
school,
and
the
governing
board
of
a
charter
school
26
to
finalize
the
investigation
of
the
incident
even
if
the
27
employee
who
is
the
subject
of
the
incident
and
who
does
not
28
have
a
license,
endorsement,
certification,
authorization,
or
29
statement
of
recognition
issued
by
the
board
of
educational
30
examiners
resigns
or
the
employee’s
contract
is
terminated
31
during
the
school
district’s,
accredited
nonpublic
school’s,
or
32
charter
school’s
investigation
of
the
incident.
33
d.
The
process
shall
require
that,
prior
to
hiring
an
34
applicant
for
any
position,
the
board
of
directors
of
a
35
-2-
HF
2487.3523
(1)
90
jda/jh
2/
8
school
district,
the
authorities
in
charge
of
an
accredited
1
nonpublic
school,
and
the
governing
board
of
a
charter
school
2
must
conduct
a
review
of
the
applicant’s
employment
history,
3
including
by
contacting
the
applicant’s
previous
employers
4
listed
on
the
application
for
employment
and
by
viewing
the
5
board
of
educational
examiners’
public
license
information
to
6
determine
if
the
applicant
has
a
case
pending
with
a
finding
of
7
probable
cause
or
any
licensure
sanction.
8
e.
The
process
shall
require
the
board
of
directors
of
a
9
school
district,
the
authorities
in
charge
of
an
accredited
10
nonpublic
school,
and
the
governing
board
of
a
charter
school
11
to
maintain
on
forms
prescribed
by
the
board
of
educational
12
examiners
reference
information
related
to
all
employees
of
13
the
school
district,
accredited
nonpublic
school,
or
charter
14
school,
and
respond
to
any
request
for
such
information
from
15
a
potential
employer.
This
paragraph
shall
not
be
construed
16
to
require
the
board
of
directors
of
a
school
district,
the
17
authorities
in
charge
of
an
accredited
nonpublic
school,
or
18
the
governing
board
of
a
charter
school
to
disclose
unfounded,
19
closed
investigations.
The
board
of
directors
of
a
school
20
district,
the
authorities
in
charge
of
an
accredited
nonpublic
21
school,
or
the
governing
board
of
a
charter
school
shall
be
22
immune
from
any
criminal
or
civil
liability
arising
from
the
23
disclosure
of
reference
information
under
this
paragraph
if
the
24
school
district,
accredited
nonpublic
school,
or
charter
school
25
does
not
knowingly
disclose
false
information.
26
f.
The
board
of
directors
of
a
school
district,
the
27
authorities
in
charge
of
an
accredited
nonpublic
school,
or
28
the
governing
board
of
a
charter
school,
and
contractors
of
29
the
school
district,
the
accredited
nonpublic
school,
or
the
30
charter
school
shall
be
immune
from
any
civil
liability
arising
31
from
discussing
an
incident,
past
performance
or
actions,
32
past
allegations
leading
to
discipline
or
adverse
employment
33
action,
or
employee
resignation
with
any
governmental
agent,
34
governmental
officer,
or
any
potential
employer.
35
-3-
HF
2487.3523
(1)
90
jda/jh
3/
8
g.
If,
after
investigation,
the
board
of
educational
1
examiners
determines
that
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
intentionally
failed
to
follow
the
process
established
5
by
this
subsection
regarding
an
incident,
or
the
reporting
6
requirements
established
pursuant
to
section
256.160,
related
7
to
an
employee
who
holds
a
license,
endorsement,
certification,
8
authorization,
or
statement
of
recognition
issued
by
the
board
9
of
educational
examiners,
any
administrator
of
the
school
10
district,
the
accredited
nonpublic
school,
or
the
charter
11
school
who
intentionally
failed
to
ensure
compliance
with
the
12
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
13
educational
examiners.
14
h.
If,
after
investigation,
the
board
of
educational
15
examiners
determines
that
the
board
of
directors
of
a
school
16
district,
the
authorities
in
charge
of
an
accredited
nonpublic
17
school,
or
the
governing
board
of
a
charter
school
has
18
intentionally
failed
to
follow
the
process
established
by
19
this
subsection
regarding
an
incident
related
to
an
employee
20
who
does
not
hold
a
license,
endorsement,
certification,
21
authorization,
or
statement
of
recognition
issued
by
the
board
22
of
educational
examiners,
any
administrator
of
the
school
23
district,
the
accredited
nonpublic
school,
or
the
charter
24
school
who
intentionally
failed
to
ensure
compliance
with
the
25
process
shall
be
subject
to
a
hearing
conducted
by
the
board
of
26
educational
examiners.
27
i.
If,
after
investigation,
the
board
of
educational
28
examiners
determines
that
the
board
of
directors
of
a
school
29
district,
the
authorities
in
charge
of
an
accredited
nonpublic
30
school,
or
the
governing
board
of
a
charter
school
has
31
intentionally
concealed,
or
attempted
to
conceal
from
any
32
governmental
agent,
governmental
officer,
or
potential
employer
33
a
founded
incident,
or
any
conduct
required
to
be
reported
34
pursuant
to
section
256.160,
related
to
an
employee
who
holds
35
-4-
HF
2487.3523
(1)
90
jda/jh
4/
8
a
license,
endorsement,
certification,
authorization,
or
1
statement
of
recognition
issued
by
the
board
of
educational
2
examiners,
any
administrator
of
the
school
district,
the
3
accredited
nonpublic
school,
or
the
charter
school
who
4
intentionally
assisted
in
the
concealment,
or
attempted
5
concealment,
of
an
incident,
or
any
conduct
required
to
be
6
reported
pursuant
to
section
256.160,
shall
be
subject
to
a
7
hearing
conducted
by
the
board
of
educational
examiners.
8
j.
If,
after
investigation,
the
board
of
educational
9
examiners
finds
that
the
board
of
directors
of
a
school
10
district,
the
authorities
in
charge
of
an
accredited
nonpublic
11
school,
or
the
governing
board
of
a
charter
school
has
12
intentionally
concealed,
or
attempted
to
conceal
from
any
13
governmental
agent,
governmental
officer,
or
potential
employer
14
a
founded
incident
related
to
an
employee
who
does
not
hold
15
a
license,
endorsement,
certification,
authorization,
or
16
statement
of
recognition
issued
by
the
board
of
educational
17
examiners,
any
administrator
of
the
school
district,
the
18
accredited
nonpublic
school,
or
the
charter
school
who
19
intentionally
assisted
in
the
concealment,
or
attempted
20
concealment,
of
an
incident
shall
be
subject
to
a
hearing
21
conducted
by
the
board
of
educational
examiners.
22
k.
(1)
Annually,
on
or
before
June
30
of
each
year,
the
23
board
of
educational
examiners
shall
submit
to
the
general
24
assembly
a
report
that
contains
information
related
to
all
of
25
the
following:
26
(a)
The
number
and
types
of
disciplinary
hearings
before
the
27
board
of
educational
examiners.
28
(b)
Any
trends
in
the
number
or
types
of
disciplinary
29
hearings
before
the
board
of
educational
examiners.
30
(c)
The
number
of
board
of
educational
examiners
31
investigations
of
the
employees
of
school
districts,
accredited
32
nonpublic
schools,
or
charter
schools
who
do
not
hold
a
33
license,
endorsement,
certification,
authorization,
or
34
statement
of
recognition
issued
by
the
board
of
educational
35
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HF
2487.3523
(1)
90
jda/jh
5/
8
examiners,
that
the
board
of
educational
examiners
referred
to
1
a
law
enforcement
agency.
2
(d)
Any
other
information
deemed
relevant
by
the
board
of
3
educational
examiners
in
order
to
inform
the
general
assembly
4
of
the
status
of
the
enforcement
of
the
board
of
educational
5
examiners’
rules.
6
(2)
The
report
shall
not
include
any
personally
7
identifiable
information
related
to
investigations
referred
to
8
a
law
enforcement
agency.
9
Sec.
___.
Section
280.34,
Code
2024,
is
amended
to
read
as
10
follows:
11
280.34
Incidents
related
to
licensed
practitioners
——
12
reporting
and
investigation.
13
The
board
of
directors
of
a
school
district
and
the
14
authorities
in
charge
of
each
accredited
nonpublic
school
shall
15
follow
the
process
created
by
the
department
of
education
board
16
of
educational
examiners
pursuant
to
section
256.9,
subsection
17
67
256.146,
subsection
25
,
related
to
the
reporting
and
18
investigation
of
an
incident
involving
the
possible
commission
19
of
a
felony
by
any
employee
of
the
board
of
directors
of
the
20
school
district
or
the
authorities
in
charge
of
the
accredited
21
nonpublic
school.
22
Sec.
___.
REPEAL.
Section
256.158A,
Code
2024,
is
repealed.
23
DIVISION
___
24
BOARD
OF
EDUCATIONAL
EXAMINERS
——
REPORTING
REQUIREMENTS
25
Sec.
___.
Section
256.158,
subsection
3,
Code
2024,
is
26
amended
to
read
as
follows:
27
3.
a.
All
Subject
to
paragraph
“b”
,
all
complaint
files,
28
investigation
files,
other
investigation
reports,
and
other
29
investigative
information
in
the
possession
of
the
board
or
30
its
employees
or
agents,
which
relate
to
licensee
discipline
31
or
the
investigation
of
nonlicensed
school
employees
,
are
32
privileged
and
confidential,
and
are
not
subject
to
discovery,
33
subpoena,
or
other
means
of
legal
compulsion
for
their
release
34
to
a
person
other
than
the
respondent
and
the
board
and
35
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HF
2487.3523
(1)
90
jda/jh
6/
8
its
employees
and
agents
involved
in
licensee
discipline
or
1
the
investigation
of
nonlicensed
school
employees
,
and
are
2
not
admissible
in
evidence
in
a
judicial
or
administrative
3
proceeding
other
than
the
proceeding
involving
licensee
4
discipline.
A
complaint,
any
amendment
to
a
complaint,
and
5
any
supporting
documents
shall
be
provided
to
the
respondent
6
immediately
upon
the
board’s
determination
that
jurisdictional
7
requirements
have
been
met
and
prior
to
the
commencement
of
the
8
board’s
investigation
of
a
licensee
.
Investigative
information
9
in
the
possession
of
the
board
or
its
employees
or
agents
which
10
relates
to
licensee
discipline
may
be
disclosed
to
appropriate
11
licensing
authorities
within
this
state,
the
appropriate
12
licensing
authority
in
another
state,
the
District
of
Columbia,
13
or
a
territory
or
country
in
which
the
licensee
is
licensed
14
or
has
applied
for
a
license.
A
final
written
decision
and
15
finding
of
fact
of
the
board
in
a
disciplinary
proceeding
is
a
16
public
record.
17
b.
Notwithstanding
paragraph
“a”
,
if
the
investigative
18
information
in
the
possession
of
the
board
or
its
employees
19
or
agents
indicates
that
a
crime
has
been
committed
by
either
20
a
licensee
or
a
nonlicensed
school
employee,
the
board
shall
21
report
the
investigative
information
to
the
proper
law
22
enforcement
agency.
23
DIVISION
___
24
BOARD
OF
EDUCATIONAL
EXAMINERS
——
TIME
IN
WHICH
COMPLAINTS
CAN
25
BE
INVESTIGATED
26
Sec.
___.
Section
256.146,
subsection
14,
paragraph
a,
Code
27
2024,
is
amended
to
read
as
follows:
28
a.
Adopt
rules
that
require
specificity
in
written
29
complaints
that
are
filed
by
individuals
who
have
personal
30
knowledge
of
an
alleged
violation
and
which
are
accepted
by
31
the
board,
provide
that
the
jurisdictional
requirements
as
set
32
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
33
complaint
before
initiating
an
investigation
of
allegations,
34
provide
that
any
investigation
be
limited
to
the
allegations
35
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HF
2487.3523
(1)
90
jda/jh
7/
8
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
1
interval
between
the
receipt
of
a
complaint
and
public
notice
2
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
3
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
4
allow
the
respondent
the
right
to
review
any
investigative
5
report
upon
a
finding
of
probable
cause
for
further
action
6
by
the
board,
require
that
the
conduct
providing
the
basis
7
for
the
complaint
occurred
within
three
years
of
discovery
of
8
the
event
by
the
complainant
unless
good
cause
can
be
shown
9
for
an
extension
of
this
limitation
or
unless
the
conduct
10
constitutes
conduct
described
in
section
256.160,
subsection
11
1,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
,
12
require
complaints
to
be
resolved
within
one
hundred
eighty
13
days
unless
good
cause
can
be
shown
for
an
extension
of
this
14
limitation,
and
require
the
board
to
finalize
the
investigation
15
of
the
written
complaint
even
if
the
licensed
practitioner
16
resigns
or
surrenders
the
licensed
practitioner’s
license,
17
certificate,
authorization,
or
statement
of
recognition
during
18
the
investigation.
>
19
3.
Title
page,
by
striking
lines
1
through
4
and
inserting
20
<
An
Act
relating
to
education,
including
by
modifying
21
provisions
related
to
mandatory
reporting
to
the
board
of
22
educational
examiners
of
certain
specified
school
employees,
23
complaints
against
school
employees
and
the
investigation
of
24
complaints
against
school
employees,
and
the
responsibilities
25
of
the
department
of
education
and
the
board
of
educational
26
examiners.
>
27
4.
By
renumbering
as
necessary.
28
______________________________
BODEN
of
Warren
-8-
HF
2487.3523
(1)
90
jda/jh
8/
8
#3.
#4.