S.F. _____ H.F. _____ Section 1. Section 272.1, Code 2014, is amended by adding 1 the following new unnumbered paragraph: 2 NEW UNNUMBERED PARAGRAPH . As used in this chapter, unless 3 the context otherwise requires: 4 Sec. 2. Section 272.1, subsections 3 and 5, Code 2014, are 5 amended to read as follows: 6 3. “Certificate” means limited recognition to perform 7 instruction and instruction-related duties in school, other 8 than those duties for which practitioners are licensed. A 9 certificate is nonexclusive recognition and does not confer the 10 exclusive authority of a license. 11 5. “License” means the authority that is given to allow a 12 person to legally serve as a practitioner, education provider, 13 or school employee, or as a school, an institution, or a course 14 of study to legally offer professional development programs, 15 other than those programs offered by practitioner preparation 16 schools, institutions, courses of study, or area education 17 agencies. A license is the exclusive authority to perform 18 these functions. “License” includes a certificate, statement of 19 professional recognition, or authorization issued under this 20 chapter. 21 Sec. 3. Section 272.1, Code 2014, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 12A. “School employee” means an employee 24 of a school. 25 Sec. 4. Section 272.2, subsection 1, Code 2014, is amended 26 to read as follows: 27 1. a. License practitioners , education providers, and 28 school employees , which includes the authority to establish 29 criteria for the licenses; establish issuance and renewal 30 requirements; create application and renewal forms; create 31 licenses that authorize different instructional functions 32 or specialties; develop a code of professional rights and 33 responsibilities, practices, and ethics, which shall, among 34 other things, address the failure of a practitioner to fulfill 35 -1- LSB 5199DP (12) 85 kh/rj 1/ 7

S.F. _____ H.F. _____ contractual obligations under section 279.13 ; and develop any 1 other classifications, distinctions, and procedures which may 2 be necessary to exercise licensing duties. In addressing the 3 failure of a practitioner to fulfill contractual obligations, 4 the board shall consider factors beyond the practitioner’s 5 control. 6 b. Provide annually to any person who holds a license , 7 certificate, authorization, or statement of recognition 8 issued by the board, training relating to the knowledge and 9 understanding of the board’s code of professional conduct and 10 ethics. The board shall develop a curriculum that addresses 11 the code of professional conduct and ethics and shall annually 12 provide regional training opportunities throughout the state. 13 Sec. 5. Section 272.2, subsection 4, Code 2014, is amended 14 to read as follows: 15 4. Enforce rules adopted by the board through revocation 16 or suspension of a license, or by other disciplinary action 17 against a practitioner person or professional development 18 program licensed by the board of educational examiners. The 19 board shall designate who may or shall initiate a licensee 20 disciplinary investigation and a licensee disciplinary 21 proceeding, and who shall prosecute a disciplinary proceeding 22 and under what conditions, and shall state the procedures for 23 review by the board of findings of fact if a majority of the 24 board does not hear the disciplinary proceeding. However, in 25 a case alleging failure of a practitioner person to fulfill 26 contractual obligations, the person who files a complaint with 27 the board, or the complainant’s designee, shall represent the 28 complainant in a disciplinary hearing conducted in accordance 29 with this chapter . 30 Sec. 6. Section 272.2, subsection 14, paragraphs a and d, 31 Code 2014, are amended to read as follows: 32 a. The board may deny a license to or revoke the license 33 of a person upon the board’s finding by a preponderance of 34 evidence that either the person has been convicted of a crime 35 -2- LSB 5199DP (12) 85 kh/rj 2/ 7

S.F. _____ H.F. _____ or that there has been a founded report of child abuse against 1 the person. Rules adopted in accordance with this paragraph 2 shall provide that in determining whether a person should be 3 denied a license or that a practitioner’s person’s license 4 should be revoked, the board shall consider the nature and 5 seriousness of the founded abuse or crime in relation to 6 the position sought, the time elapsed since the crime was 7 committed, the degree of rehabilitation which has taken place 8 since the incidence of founded abuse or the commission of 9 the crime, the likelihood that the person will commit the 10 same abuse or crime again, and the number of founded abuses 11 committed by or criminal convictions of the person involved. 12 d. An applicant for a license or certificate under this 13 chapter shall demonstrate that the requirements of the license 14 or certificate have been met and the burden of proof shall be 15 on the applicant. 16 Sec. 7. Section 272.2, subsection 17, Code 2014, is amended 17 to read as follows: 18 17. Adopt rules to require that a background investigation 19 be conducted by the division of criminal investigation of the 20 department of public safety on all initial applicants for 21 licensure a license or renewal of a license . The board shall 22 also require all initial applicants to submit a completed 23 fingerprint packet and shall use the packet to facilitate a 24 national criminal history background check. The board shall 25 have access to, and shall review the sex offender registry 26 information under section 692A.121 available to the general 27 public, the central registry for child abuse information 28 established under chapter 235A , and the dependent adult abuse 29 records maintained under chapter 235B for information regarding 30 applicants for a license or renewal of a license . An applicant 31 for a license or renewal of a license issued pursuant to 32 section 272.31, subsection 3A, is exempt from rules adopted 33 pursuant to this subsection. 34 Sec. 8. Section 272.15, subsection 1, paragraph a, 35 -3- LSB 5199DP (12) 85 kh/rj 3/ 7

S.F. _____ H.F. _____ subparagraph (1), unnumbered paragraph 1, Code 2014, is amended 1 to read as follows: 2 The board of directors of a school district or area education 3 agency, the superintendent of a school district, the chief 4 administrator of an area education agency, and the authorities 5 in charge of an accredited nonpublic school shall report to 6 the board any instance of disciplinary action taken against 7 a licensed school employee by the board of directors of the 8 school district or area education agency, the superintendent 9 of the school district, the chief administrator of the 10 area education agency, or the authorities in charge of the 11 accredited nonpublic school for conduct constituting any of the 12 following: 13 Sec. 9. Section 272.15, subsection 1, paragraph a, 14 subparagraph (2), Code 2014, is amended to read as follows: 15 (2) The board of directors of a school district or area 16 education agency, the superintendent of a school district, 17 the chief administrator of an area education agency, and 18 the authorities in charge of an accredited nonpublic school 19 shall report to the board the nonrenewal or termination, for 20 reasons of alleged or actual misconduct, of a person’s contract 21 executed under sections 279.12 , 279.13 , 279.15 through 279.21 , 22 279.23 , and 279.24 , and the resignation of a person who holds 23 a license , certificate, or authorization issued by the board , 24 as a result of or following an incident or allegation of 25 misconduct that, if proven, would constitute a violation of 26 the rules adopted by the board to implement section 272.2, 27 subsection 14 , paragraph “b” , subparagraph (1); soliciting, 28 encouraging, or consummating a romantic or otherwise 29 inappropriate relationship with a student; falsifying student 30 grades, test scores, or other official information or material; 31 or converting public property or funds to the personal use of 32 the school employee, when the board or reporting official has a 33 good faith belief that the incident occurred or the allegation 34 is true. The board may deny a license or revoke the license 35 -4- LSB 5199DP (12) 85 kh/rj 4/ 7

S.F. _____ H.F. _____ of an administrator if the board finds by a preponderance 1 of the evidence that the administrator failed to report the 2 termination or resignation of a school employee holding a 3 license , certificate, statement of professional recognition, 4 or coaching authorization , for reasons of alleged or actual 5 misconduct, as defined by this section . 6 Sec. 10. Section 272.31, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3A. The board shall issue a school employee 9 authorization to a school employee who is not otherwise 10 issued a license, certificate, or statement of professional 11 recognition under this chapter, or an authorization under 12 subsection 1, 2, or 3. 13 Sec. 11. Section 709.15, subsection 1, paragraph f, Code 14 2014, is amended to read as follows: 15 f. “School employee” means a practitioner as defined in 16 section 272.1 an individual issued a license, certificate, 17 statement of professional recognition, or authorization under 18 chapter 272 . 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill requires the board of educational examiners 23 to issue an authorization to school employees who are not 24 currently under the purview of the board, and provides that 25 the board’s code of professional rights and responsibilities, 26 practices, and ethics applies to any person who holds 27 a license, certificate, authorization, or statement of 28 professional recognition issued by the board. The board will 29 be required to provide such employees with training relating to 30 the board’s code. 31 The bill amends the definition of “license” by providing 32 that the definition means the authority given to allow a person 33 to legally serve as a practitioner, education provider, or 34 school employee, and further adds that “license” includes 35 -5- LSB 5199DP (12) 85 kh/rj 5/ 7

S.F. _____ H.F. _____ a certificate, statement of professional recognition, or 1 authorization issued under Code chapter 272. 2 The bill defines “school employee” to mean any employee of a 3 school district, accredited nonpublic school, or area education 4 agency. The bill makes corresponding changes relating to the 5 adoption of the definition throughout the Code chapter. 6 The bill also requires the board to adopt rules to require 7 a background investigation by the division of criminal 8 investigation of the department of public safety on any 9 applicant for a license and any applicant seeking to renew a 10 license. Current law requires the background check only on 11 initial applicants for licensure. The bill exempts from such 12 rules applicants for a school employee authorization or renewal 13 of that authorization. 14 The bill also broadens Code language establishing reporting 15 and complaint requirements relating to disciplinary actions, 16 and reports of nonrenewal of contract, or termination or 17 resignation of an employee for reasons of alleged or actual 18 misconduct, by school districts, schools, and area education 19 agencies and their administrators, to cover all school 20 employees, not just licensed employees or those employees 21 currently holding certificates or authorizations. 22 The bill also amends the definition of “school employee” 23 used for purposes of the Code provision that establishes 24 criminal penalties for sexual exploitation by a school 25 employee. The bill broadens the definition to include not just 26 a practitioner but any individual to whom the board issues a 27 license, certificate, statement of professional recognition, 28 or authorization. This broadening of the offense of sexual 29 exploitation results in making school employees subject to the 30 sex offender registry, but does not classify the offense as a 31 forcible felony. Under the bill, a school employee who commits 32 sexual exploitation in violation of Code section 709.15(5) 33 commits either an aggravated misdemeanor, which is punishable 34 by confinement for no more than two years and a fine of at least 35 -6- LSB 5199DP (12) 85 kh/rj 6/ 7