Senate Study Bill 1049 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF EDUCATIONAL EXAMINERS BILL) A BILL FOR An Act relating to complaints filed with the board of 1 educational examiners. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1183XD (1) 86 je/nh
S.F. _____ H.F. _____ Section 1. Section 272.2, subsection 15, Code 2015, is 1 amended to read as follows: 2 15. Adopt rules that require specificity in written 3 complaints that are filed by individuals who have personal 4 knowledge of an alleged violation and which are accepted by 5 the board, provide that the jurisdictional requirements as set 6 by the board in administrative rule are met on the face of the 7 complaint before initiating an investigation of allegations, 8 provide that any investigation be limited to the allegations 9 contained on the face of the complaint, provide for an adequate 10 interval between the receipt of a complaint and public notice 11 of the complaint, permit parties to a complaint to mutually 12 agree to a resolution of the complaint filed with the board, 13 allow the respondent the right to review any investigative 14 report upon a finding of probable cause for further action 15 by the board, require that the conduct providing the basis 16 for the complaint occurred within three years of discovery of 17 the event by the complainant unless good cause can be shown 18 for an extension of this limitation, and require the board to 19 complete its investigation of complaints to be resolved and 20 determination of probable cause within one hundred eighty days 21 unless criminal charges relevant to the complaint are pending 22 against the respondent or other good cause can be shown for an 23 extension of this limitation. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 The board of educational examiners is required to adopt 28 rules providing that complaints filed with the board must be 29 resolved within 180 days unless good cause can be shown to 30 extend the deadline. This bill strikes that requirement. 31 The bill instead requires the board to adopt rules providing 32 that the board must complete its investigation of complaints 33 and determination of probable cause within 180 days unless 34 criminal charges relevant to the complaint are pending against 35 -1- LSB 1183XD (1) 86 je/nh 1/ 2
S.F. _____ H.F. _____ the respondent or other good cause can be shown to extend the 1 deadline. 2 -2- LSB 1183XD (1) 86 je/nh 2/ 2