HF 2261 (LSB 5350HV (1) 90)

HOUSE FILE 2261

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HSB 564)

A BILL FOR

An Act modifying provisions related to the time in which the board of educational examiners can investigate complaints relating to licensed school employees having romantic or otherwise inappropriate relationships with students.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.146, subsection 14, paragraph a, Code 2024, is amended to read as follows:
   a.  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 or unless the conduct constitutes conduct described in section 256.160, subsection 1, paragraph “a”, subparagraph (1), subparagraph division (a), require complaints to be resolved within one hundred eighty days unless good cause can be shown for an extension of this limitation, and require the board to finalize the investigation of the written complaint even if the licensed practitioner resigns or surrenders the licensed practitioner’s license, certificate, authorization, or statement of recognition during the investigation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies provisions related to the time in which the board of educational examiners (BOEE) can investigate complaints relating to licensed school employees having romantic or otherwise inappropriate relationships with students. Current law requires the BOEE to adopt rules related to the filing of complaints against individuals who hold a license, certificate, authorization, or statement of recognition issued by the BOEE. Current law also requires that the conduct providing the basis for the complaint to have occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of the three-year limitation. The bill provides that the three-year limitation shall also not apply if the conduct constitutes soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student.