House
File
2298
-
Introduced
HOUSE
FILE
2298
BY
CHAMBERS
A
BILL
FOR
An
Act
requiring
reports
relating
to
disciplinary
action
1
taken
against
a
teacher
to
be
submitted
to
the
board
of
2
educational
examiners.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5866YH
(4)
83
kh/sc
H.F.
2298
Section
1.
Section
272.15,
subsection
1,
Code
2009,
is
1
amended
to
read
as
follows:
2
1.
The
board
of
directors
of
a
school
district
or
area
3
education
agency,
the
superintendent
of
a
school
district
or
4
the
chief
administrator
of
an
area
education
agency,
and
the
5
authorities
in
charge
of
a
nonpublic
school
shall
report
to
the
6
board
the
nonrenewal
or
termination,
for
reasons
of
alleged
7
or
actual
misconduct,
of
a
person’s
contract
executed
under
8
sections
279.12,
279.13,
279.15
through
279.21,
279.23,
and
9
279.24,
and
the
resignation
of
a
person
who
holds
a
license,
10
certificate,
or
authorization
issued
by
the
board
as
a
result
11
of
or
following
an
incident
or
allegation
of
misconduct
that,
12
if
proven,
would
constitute
a
violation
of
the
rules
adopted
by
13
the
board
to
implement
section
272.2,
subsection
14,
paragraph
14
“b”
,
subparagraph
(1),
when
the
board
or
reporting
official
15
has
a
good
faith
belief
that
the
incident
occurred
or
the
16
allegation
is
true.
Information
reported
to
the
board
in
17
accordance
with
this
section
is
privileged
and
confidential,
18
and
except
as
provided
in
section
272.13
,
is
not
subject
19
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
20
for
its
release
to
a
person
other
than
the
respondent
and
21
the
board
and
its
employees
and
agents
involved
in
licensee
22
discipline,
and
is
not
admissible
in
evidence
in
a
judicial
or
23
administrative
proceeding
other
than
the
proceeding
involving
24
licensee
discipline.
The
board
shall
review
the
information
25
reported
to
determine
whether
a
complaint
should
be
initiated.
26
In
making
that
determination,
the
board
shall
consider
the
27
factors
enumerated
in
section
272.2,
subsection
14,
paragraph
28
“a”
.
For
purposes
of
this
section,
unless
the
context
otherwise
29
requires,
“misconduct”
means
an
action
disqualifying
an
30
applicant
for
a
license
or
causing
the
license
of
a
person
to
31
be
revoked
or
suspended
in
accordance
with
the
rules
adopted
by
32
the
board
to
implement
section
272.2,
subsection
14,
paragraph
33
“b”
,
subparagraph
(1).
34
Sec.
2.
Section
272.15,
Code
2009,
is
amended
by
adding
the
35
-1-
LSB
5866YH
(4)
83
kh/sc
1/
2
H.F.
2298
following
new
subsections:
1
NEW
SUBSECTION
.
4.
The
board
of
directors
of
a
school
2
district
or
area
education
agency,
the
superintendent
of
a
3
school
district
or
the
chief
administrator
of
an
area
education
4
agency,
and
the
authorities
in
charge
of
an
accredited
5
nonpublic
school
shall
report
to
the
board
any
instances
of
6
disciplinary
action
taken
against
a
teacher
by
the
board
of
7
directors
of
the
school
district
or
area
education
agency,
the
8
superintendent
or
chief
administrator
of
the
school
district
9
or
area
education
agency,
or
the
authorities
in
charge
of
the
10
nonpublic
school.
The
board
shall
review
the
information
11
reported
to
determine
whether
a
complaint
should
be
initiated.
12
NEW
SUBSECTION
.
5.
Information
reported
to
the
board
in
13
accordance
with
this
section
is
privileged
and
confidential
14
and,
except
as
provided
in
section
272.13,
is
not
subject
to
15
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
its
16
release
to
a
person
other
than
the
respondent
and
the
board
and
17
its
employees
and
agents
involved
in
licensee
discipline,
and
18
is
not
admissible
in
evidence
in
a
judicial
or
administrative
19
proceeding
other
than
the
proceeding
involving
licensee
20
discipline.
21
EXPLANATION
22
This
bill
requires
the
board
of
directors
of
a
school
23
district
or
an
area
education
agency
(AEA),
the
superintendent
24
of
a
school
district
or
the
chief
administrator
of
an
AEA,
and
25
the
authorities
in
charge
of
an
accredited
nonpublic
school
26
to
report
to
the
board
of
educational
examiners
any
instances
27
of
disciplinary
action
taken
against
a
teacher
by
the
boards,
28
administrators,
or
authorities.
The
information
reported
to
29
the
board,
with
few
exceptions,
is
privileged
and
confidential.
30
The
bill
provides
that
the
board
shall
review
the
information
31
reported
to
determine
whether
a
complaint
should
be
initiated.
32
-2-
LSB
5866YH
(4)
83
kh/sc
2/
2