SSB 1053 (LSB 1101DP (2) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF EDUCATION/BOARD OF EDUCATIONAL EXAMINERS BILL)

A BILL FOR

An Act relating to complaints filed with the board of educational examiners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 272.2, subsection 15, Code 2013, is amended to read as follows:
   15.  Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by the board, provide that the jurisdictional requirements as set by the board in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with the board, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, require that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require
 
the board to complete its investigation of complaints to be resolved
 
and determination of probable cause within one hundred eighty days unless
 
criminal charges relevant to the complaint are pending against the respondent or other good cause can be shown for an extension of this limitation.
EXPLANATION
   The board of educational examiners is required to adopt rules providing that complaints filed with the board must be resolved within 180 days unless good cause can be shown to extend the deadline. This bill strikes that requirement. The bill instead requires the board to adopt rules providing that the board must complete its investigation of complaints and determination of probable cause within 180 days unless criminal charges relevant to the complaint are pending against the respondent or other good cause can be shown to extend the deadline.