HF 2383 (LSB 5329HV (6) 84)

RELATING TO MANDATORY REPORTING OF SCHOOL EMPLOYEE MISCONDUCT TO THE BOARD OF EDUCATIONAL EXAMINERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 272.15, subsection 1, paragraph a, Code Supplement 2011, is amended to read as follows:
   a.
  (1)  The board of directors of a school district or area education agency, the superintendent of a school district, the chief administrator of an area education agency, and the authorities in charge of an accredited nonpublic school shall report to the board any instance of disciplinary action taken against a licensed school employee by the board of directors of the school district or area education agency, the superintendent of the school district, the chief administrator of the area education agency, or the authorities in charge of the accredited nonpublic school for conduct constituting any of the following:
   (a)  Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student.
   (b)  Falsifying student grades, test scores, or other official information or material.
   (c)  Converting public property or funds to the personal use of the school employee.
   (2)  The board of directors of a school district or area education agency, the superintendent of a school district or, the chief administrator of an area education agency, and the authorities in charge of a
 
an accredited nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person’s contract executed under sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by the board to implement section 272.2, subsection 14, paragraph “b”, subparagraph (1),
 
(1); soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student; falsifying student grades, test scores, or other official information or material; or converting public property or funds to the personal use of the school employee, when the board or reporting official has a good faith belief that the incident occurred or the allegation is true. The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined by this section.

______________________________
KRAIG PAULSEN
Speaker of the House

______________________________
JOHN P. KIBBIE
President of the Senate

   I hereby certify that this bill originated in the House and is known as House File 2383, Eighty-fourth General Assembly.

______________________________
W. CHARLES SMITHSON
Chief Clerk of the House
Approved _______________, 2012

______________________________
TERRY E. BRANSTAD
Governor