SENATE FILE 454

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SF 345)

A BILL FOR

An Act relating to misconduct by a school employee and providing related duties, responsibilities, or civil and criminal immunity for other persons, accredited public and private schools, area education agencies, and the board of educational examiners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 272.2, subsection 1, paragraph b, Code 2011, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  Provide annually to any person who holds a license, certificate, authorization, or statement of recognition issued by the board, training relating to the knowledge and understanding of the board’s code of professional conduct and ethics. The board shall develop a curriculum that addresses the code of professional conduct and ethics and shall annually provide regional training opportunities throughout the state.
   Sec. 2.  Section 272.15, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  If, in the course of performing official duties, an employee of the department becomes aware of any alleged misconduct by an individual licensed under this chapter, the employee shall report the alleged misconduct to the board of educational examiners under rules adopted pursuant to subsection 1.
   b.  The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct as defined by this section.
   Sec. 3.  Section 280.17, Code 2011, is amended to read as follows:
   280.17  Procedures for handling child abuse reports.
   1.  The board of directors of apublic school district and the authorities in control charge of a nonpublic school shall prescribe procedures, in accordance with the guidelines contained in the model policy developed by the department of education in consultation with the department of human services, and adopted by the department of education pursuant to chapter 17A, for the handling of reports of child abuse, as defined in section 232.68, subsection 2, paragraph “a”, “c”, or “e”, alleged to have been committed by an employee or agent of the public or nonpublic school.
   2.
  a.  The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall place on administrative leave a school employee who is the subject of an investigation of an alleged incident of abuse of a student conducted in accordance with 281 IAC 102.
   b.  If the results of an investigation of abuse of a student by a school employee who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners finds that the school employee’s conduct constitutes a crime under any other statute, the board or the authorities, as appropriate, shall report the results of the investigation to the board of educational examiners.
   Sec. 4.  Section 280.27, Code 2011, is amended to read as follows:
   280.27  Reporting violence —— immunity.
   An employee of a school district, an accredited nonpublic school, or an area education agency who participates in good faith and acts reasonably in the making of a report to, or investigation by, an appropriate person or agency regarding violence, threats of violence, physical or sexual abuse of a student, or other inappropriate activity against a school employee or student in a school building, on school grounds, or at a school-sponsored function shall be immune from civil or criminal liability relating to such action, as well as for participating in any administrative or judicial proceeding resulting from or relating to the report or investigation.
EXPLANATION
   This bill makes changes relating to misconduct by a school employee and provides for the related duties and responsibilities of certain other persons, accredited public and private schools, area education agencies, and the board of educational examiners.
   The bill directs the board of educational examiners to provide annually to any person who holds a license, certificate, authorization, or statement of recognition issued by the board, training relating to the knowledge and understanding of the board’s code of professional conduct and ethics. The board shall develop a curriculum that addresses the code of professional conduct and ethics and shall annually provide regional training opportunities throughout the state.
   The bill provides that the board may deny a license or revoke the license of an administrator if the board finds by a preponderance of evidence that the administrator failed to report the termination or resignation of a school employee holding a license, statement of professional recognition, or coaching authorization, for reasons of alleged misconduct or actual misconduct.
   The bill also requires a school board and the authorities in charge of an accredited nonpublic school to place on administrative leave a school employee who is the subject of an investigation of an alleged incident of abuse of a student. If the results of the investigation of a school employee who holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners find that the school employee’s conduct constitutes a crime under any other statute, the school board shall report the results of the investigation to the board of educational examiners. 
   The bill provides civil and criminal immunity to an employee of a school district, an accredited nonpublic school, or an area education agency who participates in good faith and acts reasonably in the making of a report to, or investigation by, an appropriate person or agency regarding physical or sexual abuse of a student.