S.F. 345 Section 1. Section 272.2, subsection 1, paragraph b, Code 1 2011, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 b. Provide annually to any person who holds a license, 4 certificate, authorization, or statement of recognition 5 issued by the board, training relating to the knowledge and 6 understanding of the board’s code of professional conduct and 7 ethics. The board shall develop a curriculum that addresses 8 the code of professional conduct and ethics and shall annually 9 provide regional training opportunities throughout the state. 10 Sec. 2. Section 272.2, subsection 14, paragraph a, Code 11 2011, is amended to read as follows: 12 a. (1) The board may deny a license to or revoke the 13 license of a person upon the board’s finding by a preponderance 14 of evidence that either the person has been convicted of a 15 crime or that there has been a founded report of child abuse 16 against the person. Rules adopted in accordance with this 17 paragraph subparagraph shall provide that in determining 18 whether a person should be denied a license or that a 19 practitioner’s license should be revoked, the board shall 20 consider the nature and seriousness of the founded abuse or 21 crime in relation to the position sought, the time elapsed 22 since the crime was committed, the degree of rehabilitation 23 which has taken place since the incidence of founded abuse or 24 the commission of the crime, the likelihood that the person 25 will commit the same abuse or crime again, and the number of 26 founded abuses committed by or criminal convictions of the 27 person involved. 28 (2) The board may deny a license to or revoke the license 29 of an administrator if the board finds by a preponderance of 30 evidence that the administrator failed to report a suspected 31 case of child abuse, as required under section 232.69, which 32 was later determined to be founded child abuse. Rules adopted 33 in accordance with this subparagraph shall provide that in 34 determining whether an administrator should be denied a license 35 -1- LSB 2615XS (2) 84 kh/rj 1/ 5

S.F. 345 or that an administrator’s license should be revoked, the board 1 shall consider the nature and seriousness of the founded abuse 2 or crime. 3 Sec. 3. Section 272.15, subsection 2, Code 2011, is amended 4 to read as follows: 5 2. a. If, in the course of performing official duties, 6 an employee of the department becomes aware of any alleged 7 misconduct by an individual licensed under this chapter , the 8 employee shall report the alleged misconduct to the board 9 of educational examiners under rules adopted pursuant to 10 subsection 1 . 11 b. If the alleged misconduct by an individual specified in 12 paragraph “a” results in an investigation of an alleged incident 13 of abuse of a student conducted in accordance with 281 IAC 102, 14 a report of misconduct shall be filed as provided in paragraph 15 “a” whether or not the individual whose alleged misconduct is 16 the subject of the report resigns prior to the completion of 17 the investigation. 18 Sec. 4. Section 279.8, Code 2011, is amended to read as 19 follows: 20 279.8 General rules —— bonds of employees. 21 1. The board shall make rules for its own government and 22 that of the directors, officers, employees, teachers , and 23 pupils, and for the care of the schoolhouse, grounds, and 24 property of the school corporation, and shall aid in the 25 enforcement of the rules, and require the performance of duties 26 imposed by law and the rules. 27 2. The board shall include in its rules provisions 28 regulating the loading and unloading of pupils from a school 29 bus stopped on the highway during a period of reduced highway 30 visibility caused by fog, snow , or other weather conditions. 31 3. The board shall have the authority to include in its 32 rules provisions allowing school corporation employees to 33 use school credit cards to pay for the actual and necessary 34 expenses incurred in the performance of work-related duties. 35 -2- LSB 2615XS (2) 84 kh/rj 2/ 5

S.F. 345 4. a. The board shall place on administrative leave a 1 school employee who is the subject of an investigation of an 2 alleged incident of abuse of a student conducted in accordance 3 with 281 IAC 102. 4 b. If the results of an investigation of abuse of a 5 student by a school employee who holds a license, certificate, 6 authorization, or statement of recognition issued by the board 7 of educational examiners finds that the school employee’s 8 conduct constitutes a crime under any other statute, the board 9 shall report the results of the investigation to the board of 10 educational examiners. 11 5. Employees of a school corporation maintaining a 12 high school who have the custody of funds belonging to the 13 corporation or funds derived from extracurricular activities 14 and other sources in the conduct of their duties, shall be 15 required to furnish suitable bond indemnifying the corporation 16 or any activity group connected with the school against loss, 17 and employees who have the custody of property belonging to the 18 corporation or any activity group connected with the school may 19 be required to furnish such bond. Said bond or bonds may be in 20 such form and penalty as the board may approve and the premiums 21 on same shall be paid from the general fund of the corporation. 22 Sec. 5. Section 280.27, Code 2011, is amended to read as 23 follows: 24 280.27 Reporting violence —— immunity. 25 An employee of a school district, an accredited nonpublic 26 school, or an area education agency who participates in good 27 faith and acts reasonably in the making of a report to, or 28 investigation by, an appropriate person or agency regarding 29 violence, threats of violence, physical or sexual abuse of 30 a student, or other inappropriate activity against a school 31 employee or student in a school building, on school grounds, 32 or at a school-sponsored function shall be immune from civil 33 or criminal liability relating to such action, as well as for 34 participating in any administrative or judicial proceeding 35 -3- LSB 2615XS (2) 84 kh/rj 3/ 5

S.F. 345 resulting from or relating to the report or investigation. 1 EXPLANATION 2 This bill makes changes relating to misconduct by a 3 school employee and provides for the related duties and 4 responsibilities of certain other persons, accredited public 5 and private schools, the department of education, and the board 6 of educational examiners. 7 The bill directs the board of educational examiners 8 to provide annually to any person who holds a license, 9 certificate, authorization, or statement of recognition 10 issued by the board, training relating to the knowledge and 11 understanding of the board’s code of professional conduct and 12 ethics. The board shall develop a curriculum that addresses 13 the code of professional conduct and ethics and shall annually 14 provide regional training opportunities throughout the state. 15 The board is authorized to deny a license to or revoke the 16 license of an administrator upon the board’s finding that the 17 administrator failed to report a suspected case of child abuse 18 which was later determined to be founded child abuse. In 19 determining whether an administrator should be denied a license 20 or have it revoked, the board shall consider the nature and 21 seriousness of the founded abuse or crime. 22 Current law provides that if, in the course of performing 23 official duties, an employee of the department of education 24 becomes aware of any alleged misconduct by a licensed 25 individual, the employee shall report the alleged misconduct to 26 the board. The bill provides that if the alleged misconduct 27 results in an investigation of an alleged incident of abuse 28 of a student under the rules of the department of education, 29 a report of misconduct shall be filed with the board whether 30 or not the individual whose alleged misconduct is the 31 subject of the report resigns prior to the completion of the 32 investigation. 33 The bill also requires a school board to place on 34 administrative leave a school employee who is the subject of 35 -4- LSB 2615XS (2) 84 kh/rj 4/ 5

S.F. 345 an investigation of an alleged incident of abuse of a student. 1 If the results of the investigation of a school employee who 2 holds a license, certificate, authorization, or statement of 3 recognition issued by the board of educational examiners find 4 that the school employee’s conduct constitutes a crime under 5 any other statute, the school board shall report the results of 6 the investigation to the board of educational examiners. 7 The bill provides civil and criminal immunity to an employee 8 of a school district, an accredited nonpublic school, or an 9 area education agency who participates in good faith and acts 10 reasonably in the making of a report to, or investigation by, 11 an appropriate person or agency regarding physical or sexual 12 abuse of a student. 13 -5- LSB 2615XS (2) 84 kh/rj 5/ 5