House
File
2094
-
Introduced
HOUSE
FILE
2094
BY
KOESTER
(COMPANION
TO
SSB
3002)
A
BILL
FOR
An
Act
relating
to
mandatory
reporting
of
school
employee
1
misconduct
to
the
board
of
educational
examiners.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2094
Section
1.
Section
272.15,
subsection
1,
paragraphs
a
and
c,
1
Code
Supplement
2011,
are
amended
to
read
as
follows:
2
a.
(1)
The
board
of
directors
of
a
school
district
or
3
area
education
agency,
an
administrator
of
a
school
district,
4
the
chief
administrator
of
an
area
education
agency,
and
5
the
authorities
in
charge
of
an
accredited
nonpublic
school
6
shall
report
to
the
board
any
instance
of
disciplinary
action
7
taken
against
a
licensed
school
employee
by
the
board
of
8
directors
of
the
school
district
or
area
education
agency,
the
9
administrator
of
the
school
district,
the
chief
administrator
10
of
the
area
education
agency,
or
the
authorities
in
charge
of
11
the
accredited
nonpublic
school.
12
(2)
The
board
of
directors
of
a
school
district
or
area
13
education
agency,
the
superintendent
an
administrator
of
14
a
school
district
or
,
the
chief
administrator
of
an
area
15
education
agency,
and
the
authorities
in
charge
of
a
an
16
accredited
nonpublic
school
shall
report
to
the
board
the
17
nonrenewal
or
termination,
for
reasons
of
alleged
or
actual
18
misconduct,
of
a
person’s
contract
executed
under
sections
19
279.12
,
279.13
,
279.15
through
279.21
,
279.23
,
and
279.24
,
and
20
the
resignation
of
a
person
who
holds
a
license,
certificate,
21
or
authorization
issued
by
the
board
as
a
result
of
or
22
following
an
incident
or
allegation
of
misconduct
that,
if
23
proven,
would
constitute
a
violation
of
the
rules
standards
24
of
professional
conduct
and
ethics
adopted
by
the
board
25
to
implement
section
272.2,
subsection
14
,
paragraph
“b”
,
26
subparagraph
(1)
in
282
IAC
25
,
when
the
board
or
reporting
27
official
has
a
good
faith
belief
that
the
incident
occurred
28
or
the
allegation
is
true.
The
board
may
deny
a
license
or
29
revoke
the
license
of
an
administrator
if
the
board
finds
by
30
a
preponderance
of
the
evidence
that
the
administrator
failed
31
to
report
the
termination
or
resignation
of
a
school
employee
32
holding
a
license,
certificate,
statement
of
professional
33
recognition,
or
coaching
authorization,
for
reasons
of
alleged
34
or
actual
misconduct,
as
defined
by
this
section
.
35
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2094
c.
For
purposes
of
this
section
,
unless
the
context
1
otherwise
requires,
“misconduct”
means
an
action
disqualifying
2
an
applicant
for
a
license
or
causing
the
license
of
a
person
3
to
be
revoked
or
suspended
in
accordance
with
the
rules
4
standards
of
professional
conduct
and
ethics
adopted
by
the
5
board
to
implement
section
272.2,
subsection
14
,
paragraph
“b”
,
6
subparagraph
(1)
in
282
IAC
25
.
7
Sec.
2.
Section
272.15,
subsection
2,
Code
Supplement
2011,
8
is
amended
to
read
as
follows:
9
2.
If,
in
the
course
of
performing
official
duties,
an
10
employee
of
the
department
becomes
aware
of
any
alleged
11
misconduct
by
an
individual
licensed
under
this
chapter
,
the
12
employee
shall
report
the
alleged
misconduct
to
the
board
13
of
educational
examiners
under
rules
adopted
pursuant
to
14
subsection
1
by
the
board
.
15
EXPLANATION
16
This
bill
requires
the
board
of
directors
of
a
school
17
district
or
area
education
agency,
an
administrator
of
a
school
18
district,
the
chief
administrator
of
an
area
education
agency,
19
and
the
authorities
in
charge
of
an
accredited
nonpublic
school
20
to
report
any
instance
of
disciplinary
action
taken
against
a
21
licensed
school
employee
to
the
board
of
educational
examiners.
22
The
bill
also
modifies
the
definition
of
misconduct
for
the
23
purposes
of
mandatory
reporting
of
school
employee
misconduct
24
to
the
board
of
educational
examiners
to
cite
directly
to
the
25
standards
of
professional
conduct
and
ethics
set
out
in
the
26
board’s
rules.
27
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