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 TLSB 5329YH (1) 84 je/nh
H.F. 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 -1- LSB 5329YH (1) 84 je/nh 1/ 2
H.F. 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 -2- LSB 5329YH (1) 84 je/nh 2/ 2