House File 430 S-3210 Amend House File 430, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 232.69, subsection 1, unnumbered 5 paragraph 1, Code 2023, is amended to read as follows: 6 The classes of persons enumerated in this subsection shall 7 make a report within twenty-four hours and as provided in 8 section 232.70 , of cases of child abuse. In addition, the 9 classes of persons enumerated in this subsection shall make a 10 report of abuse of a child who is under twelve years of age and 11 may make a report of abuse of a child who is twelve years of age 12 or older, which would be defined as child abuse under section 13 232.68, subsection 2 , paragraph “a” , subparagraph (3) or (5), 14 except that the abuse resulted from the acts or omissions of 15 a person other than a person responsible for the care of the 16 child. 17 Sec. 2. Section 232.69, subsection 1, paragraph b, 18 subparagraph (4), Code 2023, is amended to read as follows: 19 (4) A licensed school employee, certified para-educator, 20 holder of a coaching authorization issued under section 272.31 , 21 school employee who is eighteen years of age or older, or an 22 instructor employed by a community college. 23 Sec. 3. Section 232.70, subsection 5, Code 2023, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . 0f. If the person making the report is a 26 licensed school employee who reasonably believes the person 27 responsible for the injury is also a licensed school employee, 28 the identity of the licensed school employee the person making 29 the report believes is responsible for the injury. 30 Sec. 4. Section 256.9, Code 2023, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 66. a. Develop and implement a process 33 for the reporting and investigation of any incident that arises 34 that may reasonably lead to the conclusion that any individual 35 -1- HF 430.1998 (3) 90 jda/jh 1/ 10 #1.
who is employed by the board of directors of a school district, 1 the authorities in charge of an accredited nonpublic school, 2 or the governing board of a charter school, including an 3 individual with a license, endorsement, certification, 4 authorization, or statement of recognition issued by the 5 board of educational examiners, has committed a felony or, 6 in the case of an individual with a license, endorsement, 7 certification, authorization, or statement of recognition 8 issued by the board of educational examiners, has engaged in 9 conduct described in section 272.15, subsection 1, paragraph 10 “a” , subparagraph (1), subparagraph divisions (a) through (d). 11 b. The process shall prohibit the board of directors of a 12 school district, the authorities in charge of an accredited 13 nonpublic school, and the governing board of a charter school 14 from entering into any of the following: 15 (1) A written or oral agreement that prohibits the board 16 of directors of the school district, the authorities in charge 17 of an accredited nonpublic school, the governing board of 18 a charter school, an employee of the school district, the 19 accredited nonpublic school, or the charter school, or a 20 contractor of the school district, the accredited nonpublic 21 school, or the charter school from discussing an incident, past 22 performance or actions, past allegations leading to discipline 23 or adverse employment action, or employee resignation with any 24 governmental agent, governmental officer, or any potential 25 employer. 26 (2) A written or oral agreement that waives the liability 27 of an individual with a license, endorsement, certification, 28 authorization, or statement of recognition issued by the 29 board of educational examiners related to or arising from an 30 incident, past performance or action, or past allegations of 31 wrongdoing. 32 c. (1) The process shall require the board of directors 33 of a school district, the authorities in charge of an 34 accredited nonpublic school, and the governing board of a 35 -2- HF 430.1998 (3) 90 jda/jh 2/ 10
charter school to provide all documentation and information 1 related to the incident to the board of educational examiners 2 for investigation if the employee who is the subject of the 3 incident and who has a license, endorsement, certification, 4 authorization, or statement of recognition issued by the board 5 of educational examiners resigns or the employee’s contract is 6 terminated during the school district’s, accredited nonpublic 7 school’s, or charter school’s investigation of the incident. 8 (2) 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 finalize the investigation of the incident even if the 12 employee who is the subject of the incident and who does not 13 have a license, endorsement, certification, authorization, or 14 statement of recognition issued by the board of educational 15 examiners resigns or the employee’s contract is terminated 16 during the school district’s, accredited nonpublic school’s, or 17 charter school’s investigation of the incident. 18 d. The process shall require that, prior to hiring an 19 applicant for any position, the board of directors of a 20 school district, the authorities in charge of an accredited 21 nonpublic school, and the governing board of a charter school 22 must conduct a review of the applicant’s employment history, 23 including by contacting the applicant’s previous employers 24 listed on the application for employment and by viewing the 25 board of educational examiners’ public license information to 26 determine if the applicant has a case pending with a finding of 27 probable cause or any licensure sanction. 28 e. The process shall require the board of directors of a 29 school district, the authorities in charge of an accredited 30 nonpublic school, and the governing board of a charter school 31 to maintain on forms prescribed by the department reference 32 information related to all employees of the school district, 33 accredited nonpublic school, or charter school, and respond to 34 any request for such information from a potential employer. 35 -3- HF 430.1998 (3) 90 jda/jh 3/ 10
This paragraph shall not be construed to require the board of 1 directors of a school district, the authorities in charge of 2 an accredited nonpublic school, or the governing board of a 3 charter school to disclose unfounded, closed investigations. 4 The board of directors of a school district, the authorities 5 in charge of an accredited nonpublic school, or the governing 6 board of a charter school shall be immune from any criminal 7 or civil liability arising from the disclosure of reference 8 information under this paragraph if the school district, 9 accredited nonpublic school, or charter school does not 10 knowingly disclose false information. 11 f. The board of directors of a school district, the 12 authorities in charge of an accredited nonpublic school, or 13 the governing board of a charter school, and contractors of 14 the school district, the accredited nonpublic school, or the 15 charter school shall be immune from any civil liability arising 16 from discussing an incident, past performance or actions, 17 past allegations leading to discipline or adverse employment 18 action, or employee resignation with any governmental agent, 19 governmental officer, or any potential employer. 20 g. If the board of educational examiners finds that the 21 board of directors of a school district, the authorities in 22 charge of an accredited nonpublic school, or the governing 23 board of a charter school has intentionally failed to follow 24 the process established by this subsection regarding an 25 incident, or the reporting requirements established pursuant 26 to section 272.15, related to an employee who holds a license, 27 endorsement, certification, authorization, or statement of 28 recognition issued by the board of educational examiners, any 29 administrator of the school district, the accredited nonpublic 30 school, or the charter school who intentionally failed to 31 ensure compliance with the process shall be subject to a 32 hearing conducted by the board of educational examiners. 33 h. If the department finds that the board of directors of 34 a school district, the authorities in charge of an accredited 35 -4- HF 430.1998 (3) 90 jda/jh 4/ 10
nonpublic school, or the governing board of a charter school 1 has intentionally failed to follow the process established by 2 this subsection regarding an incident related to an employee 3 who does not hold a license, endorsement, certification, 4 authorization, or statement of recognition issued by the board 5 of educational examiners, any administrator of the school 6 district, the accredited nonpublic school, or the charter 7 school who intentionally failed to ensure compliance with the 8 process shall be subject to a hearing conducted by the board of 9 educational examiners. 10 i. If the board of educational examiners finds that the 11 board of directors of a school district, the authorities in 12 charge of an accredited nonpublic school, or the governing 13 board of a charter school has intentionally concealed, or 14 attempted to conceal from any governmental agent, governmental 15 officer, or potential employer a founded incident, or any 16 conduct required to be reported pursuant to section 272.15, 17 related to an employee who holds a license, endorsement, 18 certification, authorization, or statement of recognition 19 issued by the board of educational examiners, any administrator 20 of the school district, the accredited nonpublic school, or the 21 charter school who intentionally assisted in the concealment, 22 or attempted concealment, of an incident, or any conduct 23 required to be reported pursuant to section 272.15, shall be 24 subject to a hearing conducted by the board of educational 25 examiners. 26 j. If the department finds that the board of directors of 27 a school district, the authorities in charge of an accredited 28 nonpublic school, or the governing board of a charter school 29 has intentionally concealed, or attempted to conceal from 30 any governmental agent, governmental officer, or potential 31 employer a founded incident related to an employee who does 32 not hold a license, endorsement, certification, authorization, 33 or statement of recognition issued by the board of educational 34 examiners, any administrator of the school district, the 35 -5- HF 430.1998 (3) 90 jda/jh 5/ 10
accredited nonpublic school, or the charter school who 1 intentionally assisted in the concealment, or attempted 2 concealment, of an incident shall be subject to a hearing 3 conducted by the board of educational examiners. 4 Sec. 5. NEW SECTION . 256.158A Required annual report to 5 general assembly. 6 Annually, on or before June 30 of each year, the board 7 shall submit to the general assembly a report that contains 8 information related to the number and types of disciplinary 9 hearings before the board, any trends in the number or types of 10 disciplinary hearings before the board, the number of hearings 11 requested under section 279.24, and any other information 12 deemed relevant by the board in order to inform the general 13 assembly of the status of the enforcement of the board’s rules. 14 The report shall not include any personally identifiable 15 information related to individuals who participated in hearings 16 before the board. 17 Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended 18 by adding the following new paragraphs: 19 NEW PARAGRAPH . 0j. Be subject to and comply with the 20 requirements of section 280.33 relating to the reporting and 21 investigation of an incident involving the possible commission 22 of a felony by any person who has been issued a license, 23 endorsement, certification, authorization, or statement of 24 recognition by the board of educational examiners in the same 25 manner as a school district. 26 NEW PARAGRAPH . 00j. Be subject to and comply with the 27 requirements of section 280.34 relating to the requirement 28 to view the board of educational examiners’ public license 29 information prior to hiring an individual who has been issued 30 a license, endorsement, certification, authorization, or 31 statement of recognition by the board of educational examiners 32 in the same manner as a school district. 33 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended 34 to read as follows: 35 -6- HF 430.1998 (3) 90 jda/jh 6/ 10
15. a. Adopt rules that require specificity in written 1 complaints that are filed by individuals who have personal 2 knowledge of an alleged violation and which are accepted by 3 the board, provide that the jurisdictional requirements as set 4 by the board in administrative rule are met on the face of the 5 complaint before initiating an investigation of allegations, 6 provide that any investigation be limited to the allegations 7 contained on the face of the complaint, provide for an adequate 8 interval between the receipt of a complaint and public notice 9 of the complaint, permit parties to a complaint to mutually 10 agree to a resolution of the complaint filed with the board, 11 allow the respondent the right to review any investigative 12 report upon a finding of probable cause for further action by 13 the board, require that the conduct providing the basis for 14 the complaint occurred within three years of discovery of the 15 event by the complainant unless good cause can be shown for 16 an extension of this limitation, and require complaints to be 17 resolved within one hundred eighty days unless good cause can 18 be shown for an extension of this limitation , and require the 19 board to finalize the investigation of the written complaint 20 even if the licensed practitioner resigns or surrenders the 21 licensed practitioner’s license, certificate, authorization, or 22 statement of recognition during the investigation . 23 b. Adopt rules that require the collection and retention of 24 written complaints that are filed. If the board determines a 25 written complaint is not founded, the complaint and all records 26 related to the complaint shall be kept confidential and are not 27 subject to chapter 22. 28 c. Adopt rules that require the board to notify the public 29 when a licensed practitioner who is the subject of an ongoing 30 investigation initiated under paragraph “a” has a case pending 31 with a finding of probable cause. This paragraph shall not be 32 construed to require the board to disclose unfounded, closed 33 investigations initiated under paragraph “a” . 34 d. Adopt rules that require the evaluation of complaints 35 -7- HF 430.1998 (3) 90 jda/jh 7/ 10
that did not result in any discipline or sanction if similar 1 complaints are filed against the same licensed practitioner. 2 e. Adopt rules that require the board to investigate an 3 administrator who is employed by the school that employs a 4 licensed practitioner who is the subject of an investigation 5 initiated under paragraph “a” . The rules shall require 6 the board to investigate whether the administrator filed a 7 written complaint pursuant to this subsection and whether the 8 administrator was required to report to the board pursuant to 9 section 272.15. 10 Sec. 8. Section 272.3, Code 2023, is amended by striking the 11 section and inserting in lieu thereof the following: 12 272.3 Membership. 13 1. The board of educational examiners shall consist of 14 thirteen members, subject to the following requirements: 15 a. Four members shall be members of the general public 16 who have demonstrated an interest in education but have 17 never held a practitioner’s license. Two of the members 18 appointed pursuant to this paragraph shall be the parent or 19 guardian of a student who is currently enrolled in a school 20 district, accredited nonpublic school, or charter school, 21 shall not currently hold any elective office, and shall not 22 be an employee or contractor of a school district, accredited 23 nonpublic school, or charter school. One of the members 24 appointed pursuant to this paragraph shall have been or 25 currently be a member of the board of directors of a school 26 district. 27 b. Eight members shall be licensed practitioners. Three 28 of the members appointed pursuant to this paragraph shall be 29 administrators and one shall be an employee of an accredited 30 nonpublic school. The remaining four members appointed 31 pursuant to this paragraph shall be selected from the following 32 areas and specialties of the teaching profession: 33 (1) Elementary teachers. 34 (2) Secondary teachers. 35 -8- HF 430.1998 (3) 90 jda/jh 8/ 10
(3) Special education or similar teachers. 1 (4) Counselors or other special purpose practitioners. 2 (5) School service personnel. 3 c. One member shall be the director of the department or the 4 director’s designee. 5 2. The membership of the board shall comply with the 6 requirements of sections 69.16 and 69.16A. A quorum of the 7 board shall consist of seven members. Members shall elect a 8 chairperson of the board. Members, except for the director of 9 the department or the director’s designee, shall be appointed 10 by the governor subject to confirmation by the senate. 11 Sec. 9. Section 272.4, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. Members, except for the director of the department of 14 education or the director’s designee, shall be appointed to 15 serve staggered terms of four years. A member shall not serve 16 more than two consecutive terms, except for the director of the 17 department of education or the director’s designee, who shall 18 serve until the director’s term of office expires. A member of 19 the board , except for the two public members and the director 20 of the department of education or the director’s designee, who 21 is a licensed practitioner appointed pursuant to section 272.3, 22 subsection 1, paragraph “b” , shall hold a valid practitioner’s 23 license during the member’s term of office. A vacancy exists 24 when any of the following occur: 25 a. A nonpublic member’s license The license of a licensed 26 practitioner appointed pursuant to section 272.3, subsection 1, 27 paragraph “b” , expires, is suspended, or is revoked. 28 b. A nonpublic member licensed practitioner appointed 29 pursuant to section 272.3, subsection 1, paragraph “b” , retires 30 or terminates employment as a practitioner. 31 c. A member dies, resigns, is removed from office, or is 32 otherwise physically unable to perform the duties of office. 33 d. A member’s term of office expires. 34 Sec. 10. NEW SECTION . 280.33 Incidents related to licensed 35 -9- HF 430.1998 (3) 90 jda/jh 9/ 10
practitioners —— reporting and investigation. 1 The board of directors of a school district and the 2 authorities in charge of each accredited nonpublic school shall 3 follow the process created by the department of education 4 pursuant to section 256.9, subsection 66, related to the 5 reporting and investigation of an incident involving the 6 possible commission of a felony by any employee of the board of 7 directors of the school district or the authorities in charge 8 of the accredited nonpublic school. 9 Sec. 11. NEW SECTION . 280.34 Requirement to view public 10 license information. 11 Prior to hiring an individual who has been issued a license, 12 endorsement, certification, authorization, or statement of 13 recognition by the board of educational examiners, a school 14 district or an accredited nonpublic school, as applicable, 15 shall view the board of educational examiners’ public license 16 information to determine if the individual has a case pending 17 with a finding of probable cause or any licensure sanction. 18 This section shall not be construed to require the board 19 of educational examiners to disclose unfounded, closed 20 investigations. 21 Sec. 12. APPLICABILITY. The following apply to the 22 governor’s appointments to the board of educational examiners 23 on or after the effective date of this Act: 24 1. The section of this Act amending section 272.3. 25 2. The section of this Act amending section 272.4, 26 subsection l. > 27 2. Title page, line 6, after < examiners > by inserting < , 28 modifying the membership of the board of educational examiners, 29 and including applicability provisions > 30 ______________________________ CHRIS COURNOYER -10- HF 430.1998 (3) 90 jda/jh 10/ 10 #2.