House
File
2383
-
Introduced
HOUSE
FILE
2383
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
2094)
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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2383
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
area
3
education
agency,
the
superintendent
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
superintendent
of
the
school
district,
the
chief
administrator
10
of
the
area
education
agency,
or
the
authorities
in
charge
of
11
the
accredited
nonpublic
school
for
conduct
constituting
any
12
of
the
following:
13
(a)
Soliciting,
encouraging,
or
consummating
a
romantic
or
14
otherwise
inappropriate
relationship
with
a
student.
15
(b)
Falsifying
student
grades,
test
scores,
or
other
16
official
information
or
material.
17
(c)
Converting
public
property
or
funds
to
the
personal
use
18
of
the
school
employee.
19
(d)
Violations
of
contractual
obligations,
including
20
signing
an
employment
contract
with
another
school
or
area
21
education
agency
while
under
an
employment
contract
and
22
abandoning
an
employment
contract
without
prior
release.
23
(2)
The
board
of
directors
of
a
school
district
or
area
24
education
agency,
the
superintendent
of
a
school
district
or
,
25
the
chief
administrator
of
an
area
education
agency,
and
the
26
authorities
in
charge
of
a
an
accredited
nonpublic
school
27
shall
report
to
the
board
the
nonrenewal
or
termination,
for
28
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
29
executed
under
sections
279.12
,
279.13
,
279.15
through
279.21
,
30
279.23
,
and
279.24
,
and
the
resignation
of
a
person
who
holds
a
31
license,
certificate,
or
authorization
issued
by
the
board
as
a
32
result
of
or
following
an
incident
or
allegation
of
misconduct
33
that,
if
proven,
would
constitute
a
violation
of
the
rules
34
standards
of
professional
conduct
and
ethics
adopted
by
the
35
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2383
board
to
implement
section
272.2,
subsection
14
,
paragraph
“b”
,
1
subparagraph
(1)
in
282
IAC
25
,
when
the
board
or
reporting
2
official
has
a
good
faith
belief
that
the
incident
occurred
3
or
the
allegation
is
true.
The
board
may
deny
a
license
or
4
revoke
the
license
of
an
administrator
if
the
board
finds
by
5
a
preponderance
of
the
evidence
that
the
administrator
failed
6
to
report
the
termination
or
resignation
of
a
school
employee
7
holding
a
license,
certificate,
statement
of
professional
8
recognition,
or
coaching
authorization,
for
reasons
of
alleged
9
or
actual
misconduct,
as
defined
by
this
section
.
10
c.
For
purposes
of
this
section
,
unless
the
context
11
otherwise
requires,
“misconduct”
means
an
action
disqualifying
12
an
applicant
for
a
license
or
causing
the
license
of
a
person
13
to
be
revoked
or
suspended
in
accordance
with
the
rules
14
standards
of
professional
conduct
and
ethics
adopted
by
the
15
board
to
implement
section
272.2,
subsection
14
,
paragraph
“b”
,
16
subparagraph
(1)
in
282
IAC
25
.
17
Sec.
2.
Section
272.15,
subsection
2,
Code
Supplement
2011,
18
is
amended
to
read
as
follows:
19
2.
If,
in
the
course
of
performing
official
duties,
an
20
employee
of
the
department
becomes
aware
of
any
alleged
21
misconduct
by
an
individual
licensed
under
this
chapter
,
the
22
employee
shall
report
the
alleged
misconduct
to
the
board
23
of
educational
examiners
under
rules
adopted
pursuant
to
24
subsection
1
by
the
board
.
25
EXPLANATION
26
This
bill
requires
the
board
of
directors
of
a
school
27
district
or
area
education
agency,
the
superintendent
of
a
28
school
district,
the
chief
administrator
of
an
area
education
29
agency,
and
the
authorities
in
charge
of
an
accredited
30
nonpublic
school
to
report
any
instance
of
disciplinary
action
31
taken
against
a
licensed
school
employee
to
the
board
of
32
educational
examiners
for
conduct
constituting
soliciting,
33
encouraging,
or
consummating
a
romantic
or
otherwise
34
inappropriate
relationship
with
a
student;
falsifying
student
35
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2383
grades,
test
scores,
or
other
official
information
or
material;
1
converting
public
property
or
funds
to
the
personal
use
of
the
2
school
employee;
or
violations
of
contractual
obligations.
3
The
bill
also
modifies
the
definition
of
misconduct
for
the
4
purposes
of
mandatory
reporting
of
school
employee
misconduct
5
to
the
board
of
educational
examiners
to
cite
directly
to
the
6
standards
of
professional
conduct
and
ethics
set
out
in
the
7
board’s
rules.
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