House
File
2505
-
Introduced
HOUSE
FILE
2505
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HSB
702)
A
BILL
FOR
An
Act
relating
to
education,
including
requirements
related
1
to
mandatory
reporters,
the
department
of
education,
2
school
districts,
and
accredited
nonpublic
schools,
and
the
3
responsibilities
and
membership
of
the
board
of
educational
4
examiners,
and
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5578HV
(1)
89
jda/jh
H.F.
2505
Section
1.
Section
232.69,
subsection
1,
unnumbered
1
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
2
The
classes
of
persons
enumerated
in
this
subsection
shall
3
make
a
report
within
twenty-four
hours
and
as
provided
in
4
section
232.70
,
of
cases
of
child
abuse.
In
addition,
the
5
classes
of
persons
enumerated
in
this
subsection
shall
make
a
6
report
of
abuse
of
a
child
who
is
under
twelve
years
of
age
and
7
may
make
a
report
of
abuse
of
a
child
who
is
twelve
years
of
age
8
or
older,
which
would
be
defined
as
child
abuse
under
section
9
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
or
(5),
10
except
that
the
abuse
resulted
from
the
acts
or
omissions
of
11
a
person
other
than
a
person
responsible
for
the
care
of
the
12
child.
13
Sec.
2.
Section
232.70,
subsection
6,
Code
2022,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
0f.
If
the
person
making
the
report
is
a
16
licensed
school
employee
who
reasonably
believes
the
person
17
responsible
for
the
injury
is
a
licensed
school
employee,
the
18
identity
of
the
licensed
school
employee
the
person
making
the
19
report
believes
is
responsible
for
the
injury.
20
Sec.
3.
Section
256.9,
Code
2022,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
65.
a.
Develop
and
implement
a
process
23
for
the
reporting
and
investigation
of
any
incident
that
24
arises
which
may
reasonably
lead
to
the
conclusion
that
a
25
licensed
practitioner
employed
by
the
board
of
directors
of
a
26
school
district
or
the
authorities
in
charge
of
an
accredited
27
nonpublic
school
has
violated
any
law.
28
b.
The
process
shall
require
the
board
of
directors
of
a
29
school
district
and
the
authorities
in
charge
of
an
accredited
30
nonpublic
school
to
establish
a
committee
to
investigate
31
incidents
that
are
reported
pursuant
to
paragraph
“a”
and
any
32
incidents
that
have
not
been
reported
but
of
which
the
board
of
33
directors
of
the
school
district
or
the
authorities
in
charge
34
of
an
accredited
nonpublic
school
have
knowledge.
Half
of
the
35
-1-
LSB
5578HV
(1)
89
jda/jh
1/
10
H.F.
2505
members
of
the
committee
shall
be
individuals
who
reside
within
1
the
boundaries
of
the
school
district,
if
applicable,
and
who
2
are
not
a
teacher
or
the
spouse,
parent,
or
child
of
a
teacher;
3
a
member
of
the
board
of
directors
of
a
school
district
or
the
4
spouse,
parent,
or
child
of
a
member
of
the
board
of
directors
5
of
a
school
district;
or
a
member
of
the
authorities
in
charge
6
of
an
accredited
nonpublic
school
or
the
spouse,
parent,
or
7
child
of
a
member
of
the
authorities
in
charge
of
an
accredited
8
nonpublic
school.
The
remaining
members
shall
be
selected
from
9
among
the
following
groups:
10
(1)
Parents
or
guardians
of
children
enrolled
in
the
school
11
district
or
the
accredited
nonpublic
school.
12
(2)
Teachers.
13
(3)
Administrators.
14
(4)
Members
of
the
board
of
directors
of
a
school
district
15
or
the
authorities
in
charge
of
an
accredited
nonpublic
school,
16
as
applicable.
17
c.
The
process
shall
require
that
as
soon
as
practicable,
18
but
in
no
event
more
than
ten
business
days
after
an
incident
19
is
reported
or
the
board
of
directors
of
the
school
district
20
or
the
authorities
in
charge
of
an
accredited
nonpublic
school
21
learn
of
an
incident,
the
committee
shall
meet
to
evaluate
the
22
incident
and
determine
whether
the
licensed
practitioner
should
23
be
placed
on
administrative
leave
during
the
investigation
of
24
the
incident.
If
the
committee
determines
that
the
incident
25
may
have
occurred,
the
committee
shall
notify
the
board
of
26
directors
of
the
school
district
or
the
authorities
in
charge
27
of
an
accredited
nonpublic
school
and
shall
investigate
the
28
incident
to
determine
what,
if
any,
action
the
committee
will
29
recommend
the
board
of
directors
of
the
school
district
or
the
30
authorities
in
charge
of
an
accredited
nonpublic
school
take
31
with
respect
to
the
incident.
32
d.
The
process
shall
require
the
board
of
directors
of
a
33
school
district
or
the
authorities
in
charge
of
an
accredited
34
nonpublic
school
to
report
the
existence
and
nature
of
an
35
-2-
LSB
5578HV
(1)
89
jda/jh
2/
10
H.F.
2505
incident
to
the
board
of
educational
examiners
and
a
local
law
1
enforcement
agency
after
the
committee
notifies
the
board
or
2
the
authorities
in
charge
of
an
accredited
nonpublic
school
3
that
the
incident
may
have
occurred.
4
e.
The
process
shall
prohibit
the
board
of
directors
of
a
5
school
district
or
the
authorities
in
charge
of
an
accredited
6
nonpublic
school
from
entering
into
any
of
the
following
7
agreements:
8
(1)
An
agreement
that
prohibits
the
board
of
directors
9
of
the
school
district
or
the
authorities
in
charge
of
an
10
accredited
nonpublic
school,
an
employee
of
the
school
district
11
or
the
accredited
nonpublic
school,
a
contractor
of
the
school
12
district
or
the
accredited
nonpublic
school,
or
a
member
of
13
the
committee
from
discussing
an
incident,
past
performance
14
actions,
or
past
allegations
of
wrongdoing
with
any
government
15
agent,
government
officer,
or
any
potential
employer.
16
(2)
An
agreement
that
waives
the
liability
of
the
licensed
17
practitioner
related
to
or
arising
from
an
incident,
past
18
performance
actions,
or
past
allegations
of
wrongdoing.
19
f.
The
board
of
directors
of
a
school
district
or
the
20
authorities
in
charge
of
an
accredited
nonpublic
school,
21
employees
of
the
school
district
or
the
accredited
nonpublic
22
school,
contractors
of
the
school
district
or
the
accredited
23
nonpublic
school,
and
the
members
of
the
committee
shall
be
24
immune
from
any
civil
liability
arising
from
discussing
an
25
incident,
past
performance
actions,
or
past
allegations
of
26
wrongdoing
with
any
government
agent,
government
officer,
or
27
any
potential
employer.
28
g.
The
process
shall
require
the
board
of
directors
of
a
29
school
district
or
the
authorities
in
charge
of
an
accredited
30
nonpublic
school
to
collect
and
retain
a
written
record
of
all
31
incidents
that
are
reported
pursuant
to
paragraph
“a”
and
any
32
incidents
that
have
not
been
reported
but
of
which
the
board
of
33
directors
of
the
school
district
or
the
authorities
in
charge
34
of
an
accredited
nonpublic
school
have
knowledge.
35
-3-
LSB
5578HV
(1)
89
jda/jh
3/
10
H.F.
2505
h.
An
incident
reported
to
the
board
of
directors
of
a
1
school
district,
and
any
incident
that
has
not
been
reported
2
but
that
the
board
of
directors
has
knowledge
of,
and
all
3
records
related
to
the
incident,
including
the
records
and
4
proceedings
of
the
committee,
are
not
subject
to
chapter
22.
5
i.
If
a
court
finds
that
the
board
of
directors
of
a
6
school
district
or
the
authorities
in
charge
of
an
accredited
7
nonpublic
school
has
failed
to
follow
the
process
established
8
by
this
subsection
regarding
an
incident,
or
the
investigation
9
of
the
incident,
the
court
shall
assess
a
civil
penalty
against
10
an
administrator
of
the
school
district
or
the
accredited
11
nonpublic
school
who
failed
to
ensure
compliance
with
the
12
process
of
not
more
than
five
thousand
dollars.
Payments
of
13
the
civil
penalty
provided
in
this
paragraph
shall
be
remitted
14
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
15
the
state.
16
j.
If
a
court
finds
that
the
board
of
directors
of
a
17
school
district
or
the
authorities
in
charge
of
an
accredited
18
nonpublic
school
has
intentionally
concealed,
or
attempted
to
19
conceal,
an
incident,
or
the
investigation
of
the
incident,
the
20
court
shall
assess
a
civil
penalty
against
an
administrator
21
of
the
school
district
or
the
accredited
nonpublic
school
who
22
assisted
in
the
concealment,
or
attempted
concealment,
of
an
23
incident
or
an
investigation
of
an
incident
of
not
more
than
24
ten
thousand
dollars.
Payments
of
the
civil
penalty
provided
25
in
this
paragraph
shall
be
remitted
to
the
treasurer
of
state
26
for
deposit
in
the
general
fund
of
the
state.
27
Sec.
4.
Section
272.2,
subsection
14,
Code
2022,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
f.
For
offenses
that
are
not
enumerated
in
30
paragraph
“b”
,
the
board
shall
suspend
the
license
of
a
teacher
31
who
is
convicted
of
an
aggravated
misdemeanor
or
a
more
serious
32
offense.
Rules
adopted
in
accordance
with
this
paragraph
shall
33
provide
that
in
determining
the
duration
of
the
suspension,
the
34
board
shall
consider
the
nature
and
seriousness
of
the
founded
35
-4-
LSB
5578HV
(1)
89
jda/jh
4/
10
H.F.
2505
abuse
or
offense
in
relation
to
the
teacher’s
position
and
1
the
likelihood
that
the
teacher
will
commit
the
same
abuse
or
2
offense
again.
3
Sec.
5.
Section
272.2,
subsection
15,
Code
2022,
is
amended
4
to
read
as
follows:
5
15.
a.
Adopt
rules
that
require
specificity
in
written
6
complaints
that
are
filed
by
individuals
who
have
personal
7
knowledge
of
an
alleged
violation
and
which
are
accepted
by
8
the
board,
provide
that
the
jurisdictional
requirements
as
set
9
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
10
complaint
before
initiating
an
investigation
of
allegations,
11
provide
that
any
investigation
be
limited
to
the
allegations
12
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
13
interval
between
the
receipt
of
a
complaint
and
public
notice
14
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
15
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
16
allow
the
respondent
the
right
to
review
any
investigative
17
report
upon
a
finding
of
probable
cause
for
further
action
by
18
the
board,
require
that
the
conduct
providing
the
basis
for
19
the
complaint
occurred
within
three
years
of
discovery
of
the
20
event
by
the
complainant
unless
good
cause
can
be
shown
for
21
an
extension
of
this
limitation,
and
require
complaints
to
be
22
resolved
within
one
hundred
eighty
days
unless
good
cause
can
23
be
shown
for
an
extension
of
this
limitation.
24
b.
Adopt
rules
that
require
the
collection
and
retention
of
25
written
complaints
that
are
filed.
If
the
board
determines
a
26
written
complaint
is
not
founded,
the
complaint
and
all
records
27
related
to
the
complaint
shall
be
kept
confidential
and
are
not
28
subject
to
chapter
22.
29
c.
Adopt
rules
that
require
the
board
to
notify
the
school
30
that
employs,
or
is
seeking
to
employ,
a
teacher
who
is
the
31
subject
of
an
investigation
initiated
under
paragraph
“a”
,
of
32
the
existence
and
nature
of
the
written
complaint
filed
against
33
the
teacher.
34
d.
Adopt
rules
that
require
the
evaluation
of
complaints
35
-5-
LSB
5578HV
(1)
89
jda/jh
5/
10
H.F.
2505
that
did
not
result
in
any
discipline
or
sanction
if
similar
1
complaints
are
filed
against
the
same
teacher
by
individuals
2
who
have
personal
knowledge
of
an
alleged
violation.
3
e.
Adopt
rules
that
provide
that
if
a
licensed
practitioner
4
is
required
to
take
a
course
designed
to
prevent
future
5
violations,
the
licensed
practitioner
shall
not
be
required
to
6
complete
a
course
that
is
offered
by
a
specific
person.
7
Sec.
6.
Section
272.3,
Code
2022,
is
amended
to
read
as
8
follows:
9
272.3
Membership.
10
1.
The
board
of
educational
examiners
consists
of
twelve
11
members.
Two
must
At
least
six
shall
be
members
of
the
general
12
public,
one
must
shall
be
the
director
of
the
department
of
13
education
or
the
director’s
designee,
and
the
remaining
nine
14
members
must
at
least
four
shall
be
licensed
practitioners.
15
One
of
the
public
members
shall
have
served
on
a
school
board.
16
The
public
members
shall
never
have
held
a
practitioner’s
17
license,
but
shall
have
a
demonstrated
interest
in
education
18
shall
have
a
demonstrated
interest
in
education,
but
shall
19
not
have
held
a
practitioner’s
license,
served
on
a
school
20
board,
or
been
employed
by
a
school
.
The
nine
licensed
21
practitioners
shall
be
selected
from
among
the
following
areas
22
and
specialties
of
the
teaching
profession:
23
a.
Elementary
teachers.
24
b.
Secondary
teachers.
25
c.
Special
education
or
other
similar
teachers.
26
d.
Counselors
or
other
special
purpose
practitioners.
27
e.
Administrators.
28
f.
School
service
personnel.
29
2.
A
majority
of
the
licensed
practitioner
members
shall
30
be
nonadministrative
practitioners.
Four
At
least
one
of
31
the
licensed
practitioner
members
shall
be
administrators
an
32
administrator
.
Membership
of
the
board
shall
comply
with
the
33
requirements
of
sections
69.16
and
69.16A
.
A
quorum
of
the
34
board
shall
consist
of
six
members.
Members
shall
elect
a
35
-6-
LSB
5578HV
(1)
89
jda/jh
6/
10
H.F.
2505
chairperson
of
the
board.
Members,
except
for
the
director
of
1
the
department
of
education
or
the
director’s
designee,
shall
2
be
appointed
by
the
governor
subject
to
confirmation
by
the
3
senate.
4
Sec.
7.
Section
272.4,
subsection
1,
unnumbered
paragraph
5
1,
Code
2022,
is
amended
to
read
as
follows:
6
Members,
except
for
the
director
of
the
department
of
7
education
or
the
director’s
designee,
shall
be
appointed
to
8
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
9
more
than
two
consecutive
terms,
except
for
the
director
of
the
10
department
of
education
or
the
director’s
designee,
who
shall
11
serve
until
the
director’s
term
of
office
expires.
A
member
of
12
the
board,
except
for
the
two
public
members
and
the
director
13
of
the
department
of
education
or
the
director’s
designee,
14
shall
hold
a
valid
practitioner’s
license
during
the
member’s
15
term
of
office.
A
vacancy
exists
when
any
of
the
following
16
occur:
17
Sec.
8.
Section
279.69,
Code
2022,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
1A.
Prior
to
hiring
an
individual
who
20
is
subject
to
a
background
investigation
pursuant
to
section
21
272.2,
subsection
17,
or
section
279.13,
subsection
1,
a
school
22
district
shall
contact
the
board
of
educational
examiners
to
23
determine
if
the
individual
is
the
subject
of
an
investigation
24
initiated
under
section
272.2,
subsection
15.
25
Sec.
9.
NEW
SECTION
.
280.32
Incidents
related
to
licensed
26
practitioners
——
reporting
and
investigation.
27
The
board
of
directors
of
a
school
district
and
the
28
authorities
in
charge
of
each
accredited
nonpublic
school
shall
29
follow
the
process
created
by
the
department
of
education
30
pursuant
to
section
256.9,
subsection
65,
related
to
the
31
reporting
and
investigation
of
an
incident
where
a
licensed
32
practitioner
may
have
violated
a
law.
33
Sec.
10.
APPLICABILITY.
The
following
apply
to
34
appointments
to
the
board
of
educational
examiners
made
on
or
35
-7-
LSB
5578HV
(1)
89
jda/jh
7/
10
H.F.
2505
after
the
effective
date
of
this
Act:
1
1.
The
section
of
this
Act
amending
section
272.3.
2
2.
The
section
of
this
Act
amending
section
272.4.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
education,
including
requirements
7
related
to
mandatory
reporters,
the
department
of
education
8
(DOE),
school
districts,
and
accredited
nonpublic
schools,
and
9
the
responsibilities
and
membership
of
the
board
of
educational
10
examiners
(BOEE).
11
Current
Code
section
232.69
(mandatory
and
permissive
12
reporters)
requires
certain
persons
to
report
cases
of
abuse
13
of
a
child
who
is
under
12
years
of
age
and
authorizes
those
14
persons
to
make
a
report
of
abuse
of
a
child
who
is
12
years
15
of
age
or
older.
The
bill
requires
the
persons
governed
by
16
Code
section
232.69
to
make
a
report
of
the
abuse
of
a
child,
17
regardless
of
whether
the
child
is
12
years
of
age
or
older.
18
The
bill
also
requires
that
if
the
person
making
the
report
is
19
a
licensed
school
employee
who
reasonably
believes
the
person
20
responsible
for
the
injury
is
a
licensed
school
employee,
the
21
person
making
the
report
shall
identify
the
licensed
school
22
employee
when
making
the
report.
23
The
bill
requires
the
DOE
to
develop
and
implement
a
24
process
for
the
reporting
and
investigation
of
any
incident
25
that
arises
which
may
reasonably
lead
to
the
conclusion
that
26
a
licensed
practitioner
employed
by
the
board
of
directors
27
of
a
school
district
or
the
authorities
in
charge
of
an
28
accredited
nonpublic
school
has
violated
any
law.
The
bill
29
establishes
that
the
process
requires
the
creation
of
a
30
committee
to
investigate
these
incidents.
The
bill
establishes
31
the
composition
of
the
membership
of
the
committee.
The
bill
32
requires
the
committee
to
meet
to
evaluate
the
incident
and
33
determine
whether
the
licensed
practitioner
should
be
placed
34
on
administrative
leave
during
the
investigation.
The
bill
35
-8-
LSB
5578HV
(1)
89
jda/jh
8/
10
H.F.
2505
provides
for
when
incidents
shall
be
reported
and
the
persons
1
to
whom
incidents
shall
be
reported.
The
bill
prohibits
the
2
board
or
the
authorities
in
charge
of
an
accredited
nonpublic
3
school
from
entering
into
certain
specified
contracts
related
4
to
incidents.
The
bill
immunizes
the
board
or
the
authorities
5
in
charge
of
an
accredited
nonpublic
school,
the
board’s
or
6
the
accredited
nonpublic
school’s
employees
and
contractors,
7
and
the
members
of
the
committee
against
any
civil
liability
8
arising
from
discussing
a
complaint
with
certain
specified
9
persons.
The
bill
provides
that
the
process
shall
require
10
the
board
or
the
authorities
in
charge
of
an
accredited
11
nonpublic
school
to
collect
and
retain
a
written
record
of
12
incidents.
The
bill
provides
that
incidents
and
records
13
related
to
incidents
maintained
by
the
board
are
not
subject
14
to
Code
chapter
22
(open
records).
The
bill
provides
for
the
15
administrator
of
a
school
district
or
an
accredited
nonpublic
16
school
to
be
assessed
a
civil
penalty
not
to
exceed
$5,000
17
if
the
administrator
fails
to
follow
the
process
relating
18
to
incidents,
and
a
civil
penalty
not
to
exceed
$10,000
if
19
the
administrator
assists
in
the
concealment,
or
attempted
20
concealment,
of
an
incident
or
the
investigation
of
an
21
incident.
22
Current
Code
section
272.2(14)(b)
requires
the
BOEE
to
23
disqualify
an
applicant
for
a
license
or
revoke
the
license
24
of
a
person
for
entering
a
plea
of
guilty
to,
or
being
found
25
guilty
of,
certain
specified
offenses.
The
bill
requires
the
26
BOEE
to
suspend
the
license
of
a
teacher
who
has
been
convicted
27
of
an
aggravated
misdemeanor
or
a
more
serious
offense,
unless
28
that
offense
is
covered
by
Code
section
272.2(14)(b).
29
Current
law
requires
the
BOEE
to
adopt
rules
related
to
30
complaints
that
are
filed
by
individuals
who
have
personal
31
knowledge
of
an
alleged
violation
and
the
investigation
of
32
those
complaints.
The
bill
requires
the
BOEE
to
adopt
rules
33
that
require
the
collection
and
retention
of
those
complaints
34
and
the
evaluation
of
complaints
that
did
not
result
in
any
35
-9-
LSB
5578HV
(1)
89
jda/jh
9/
10
H.F.
2505
discipline
if
similar
complaints
are
filed
against
the
teacher.
1
The
bill
also
provides
that
if
a
licensed
practitioner
2
is
required
to
take
a
course
designed
to
prevent
future
3
violations,
the
licensed
practitioner
shall
not
be
required
to
4
complete
a
course
that
is
offered
by
a
specific
person.
The
5
bill
requires
the
BOEE
to
adopt
rules
that
require
the
BOEE
6
to
notify
the
school
that
employs,
or
is
seeking
to
employ,
a
7
teacher
who
is
the
subject
of
an
investigation
of
the
existence
8
and
nature
of
the
complaint
filed
against
the
teacher.
9
Additionally,
the
bill
requires
a
school
district
to
contact
10
the
BOEE
to
determine
if
certain
specified
individuals
are
the
11
subject
of
an
investigation
prior
to
hiring
the
individual.
12
Current
law
provides
that
the
BOEE
consists
of
12
members,
13
including
2
members
of
the
general
public,
1
member
who
is
14
the
director
of
the
DOE
or
the
director’s
designee,
and
9
15
members
who
are
licensed
practitioners.
The
bill
modifies
this
16
provision
to
require
that
at
least
six
members
of
the
BOEE
be
17
members
of
the
general
public
and
that
at
least
four
members
18
be
licensed
practitioners.
The
bill
provides
that
the
public
19
members
shall
have
a
demonstrated
interest
in
education,
but
20
shall
not
have
held
a
practitioner’s
license,
served
on
a
21
school
board,
or
been
employed
by
a
school.
The
bill
provides
22
that
these
modifications
apply
to
appointments
to
the
BOEE
made
23
on
or
after
the
effective
date
of
the
bill.
24
-10-
LSB
5578HV
(1)
89
jda/jh
10/
10