Senate File 454 - Introduced SENATE FILE 454 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 345) A BILL FOR An Act relating to misconduct by a school employee and 1 providing related duties, responsibilities, or civil and 2 criminal immunity for other persons, accredited public and 3 private schools, area education agencies, and the board of 4 educational examiners. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2615SV (2) 84 kh/nh

S.F. 454 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 272.15, subsection 2, Code 2011, is amended 11 to read as follows: 12 2. a. If, in the course of performing official duties, 13 an employee of the department becomes aware of any alleged 14 misconduct by an individual licensed under this chapter , the 15 employee shall report the alleged misconduct to the board 16 of educational examiners under rules adopted pursuant to 17 subsection 1 . 18 b. The board may deny a license or revoke the license 19 of an administrator if the board finds by a preponderance 20 of the evidence that the administrator failed to report the 21 termination or resignation of a school employee holding a 22 license, statement of professional recognition, or coaching 23 authorization, for reasons of alleged or actual misconduct as 24 defined by this section. 25 Sec. 3. Section 280.17, Code 2011, is amended to read as 26 follows: 27 280.17 Procedures for handling child abuse reports. 28 1. The board of directors of a public school district 29 and the authorities in control charge of a nonpublic school 30 shall prescribe procedures, in accordance with the guidelines 31 contained in the model policy developed by the department 32 of education in consultation with the department of human 33 services, and adopted by the department of education pursuant 34 to chapter 17A , for the handling of reports of child abuse, as 35 -1- LSB 2615SV (2) 84 kh/nh 1/ 3

S.F. 454 defined in section 232.68, subsection 2 , paragraph “a” , “c” , or 1 “e” , alleged to have been committed by an employee or agent of 2 the public or nonpublic school. 3 2. a. The board of directors of a school district and the 4 authorities in charge of an accredited nonpublic school shall 5 place on administrative leave a school employee who is the 6 subject of an investigation of an alleged incident of abuse of 7 a student conducted in accordance with 281 IAC 102. 8 b. If the results of an investigation of abuse of a 9 student by a school employee who holds a license, certificate, 10 authorization, or statement of recognition issued by the board 11 of educational examiners finds that the school employee’s 12 conduct constitutes a crime under any other statute, the board 13 or the authorities, as appropriate, shall report the results of 14 the investigation to the board of educational examiners. 15 Sec. 4. Section 280.27, Code 2011, is amended to read as 16 follows: 17 280.27 Reporting violence —— immunity. 18 An employee of a school district, an accredited nonpublic 19 school, or an area education agency who participates in good 20 faith and acts reasonably in the making of a report to, or 21 investigation by, an appropriate person or agency regarding 22 violence, threats of violence, physical or sexual abuse of 23 a student, or other inappropriate activity against a school 24 employee or student in a school building, on school grounds, 25 or at a school-sponsored function shall be immune from civil 26 or criminal liability relating to such action, as well as for 27 participating in any administrative or judicial proceeding 28 resulting from or relating to the report or investigation. 29 EXPLANATION 30 This bill makes changes relating to misconduct by a 31 school employee and provides for the related duties and 32 responsibilities of certain other persons, accredited public 33 and private schools, area education agencies, and the board of 34 educational examiners. 35 -2- LSB 2615SV (2) 84 kh/nh 2/ 3

S.F. 454 The bill directs the board of educational examiners 1 to provide annually to any person who holds a license, 2 certificate, authorization, or statement of recognition 3 issued by the board, training relating to the knowledge and 4 understanding of the board’s code of professional conduct and 5 ethics. The board shall develop a curriculum that addresses 6 the code of professional conduct and ethics and shall annually 7 provide regional training opportunities throughout the state. 8 The bill provides that the board may deny a license or 9 revoke the license of an administrator if the board finds by 10 a preponderance of evidence that the administrator failed to 11 report the termination or resignation of a school employee 12 holding a license, statement of professional recognition, or 13 coaching authorization, for reasons of alleged misconduct or 14 actual misconduct. 15 The bill also requires a school board and the authorities 16 in charge of an accredited nonpublic school to place on 17 administrative leave a school employee who is the subject of 18 an investigation of an alleged incident of abuse of a student. 19 If the results of the investigation of a school employee who 20 holds a license, certificate, authorization, or statement of 21 recognition issued by the board of educational examiners find 22 that the school employee’s conduct constitutes a crime under 23 any other statute, the school board shall report the results of 24 the investigation to the board of educational examiners. 25 The bill provides civil and criminal immunity to an employee 26 of a school district, an accredited nonpublic school, or an 27 area education agency who participates in good faith and acts 28 reasonably in the making of a report to, or investigation by, 29 an appropriate person or agency regarding physical or sexual 30 abuse of a student. 31 -3- LSB 2615SV (2) 84 kh/nh 3/ 3