SF 2365 (LSB 5410SV (1) 90)

SENATE FILE 2365

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 3041)

A BILL FOR

An Act relating to education by modifying provisions related to a process for investigating complaints against school employees and the responsibilities of the department of education and the board of educational examiners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256.9, subsection 67, Code 2024, is amended by striking the subsection.
    Sec. 2.  Section 256.146, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  25.  a.  Develop and implement a process for the reporting and investigation of any incident that arises that may reasonably lead to the conclusion that any individual who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, including an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has committed a felony or, in the case of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, has engaged in conduct described in section 256.160, subsection 1, paragraph “a”, subparagraph (1).
   b.  The process shall prohibit the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school from entering into any of the following:
   (1)  A written or oral agreement that prohibits the board of directors of the school district, the authorities in charge of an accredited nonpublic school, the governing board of a charter school, an employee of the school district, the accredited nonpublic school, or the charter school, or a contractor of the school district, the accredited nonpublic school, or the charter school from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   (2)  A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing.
   c.  (1)  The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to provide all documentation and information related to the incident to the board of educational examiners for investigation if the employee who is the subject of the incident and who has a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners resigns or the employee’s contract is terminated during the school district’s, accredited nonpublic school’s, or charter school’s investigation of the incident.
   (2)  The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to finalize the investigation of the incident even if the employee who is the subject of the incident and who does not have a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners resigns or the employee’s contract is terminated during the school district’s, accredited nonpublic school’s, or charter school’s investigation of the incident.
   d.  The process shall require that, prior to hiring an applicant for any position, the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school must conduct a review of the applicant’s employment history, including by contacting the applicant’s previous employers listed on the application for employment and by viewing the board of educational examiners’ public license information to determine if the applicant has a case pending with a finding of probable cause or any licensure sanction.
   e.  The process shall require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school to maintain on forms prescribed by the board of educational examiners reference information related to all employees of the school district, accredited nonpublic school, or charter school, and respond to any request for such information from a potential employer. This paragraph shall not be construed to require the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school to disclose unfounded, closed investigations. The board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school shall be immune from any criminal or civil liability arising from the disclosure of reference information under this paragraph if the school district, accredited nonpublic school, or charter school does not knowingly disclose false information.
   f.  The board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school, and contractors of the school district, the accredited nonpublic school, or the charter school shall be immune from any civil liability arising from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   g.  If, after investigation, the board of educational examiners determines that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident, or the reporting requirements established pursuant to section 256.160, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, any administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process shall be subject to a hearing conducted by the board of educational examiners.
   h.  If, after investigation, the board of educational examiners determines that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally failed to follow the process established by this subsection regarding an incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, any administrator of the school district, the accredited nonpublic school, or the charter school who intentionally failed to ensure compliance with the process shall be subject to a hearing conducted by the board of educational examiners.
   i.  If, after investigation, the board of educational examiners determines that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident, or any conduct required to be reported pursuant to section 256.160, related to an employee who holds a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, any administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident, or any conduct required to be reported pursuant to section 256.160, shall be subject to a hearing conducted by the board of educational examiners.
   j.  If, after investigation, the board of educational examiners finds that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident related to an employee who does not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, any administrator of the school district, the accredited nonpublic school, or the charter school who intentionally assisted in the concealment, or attempted concealment, of an incident shall be subject to a hearing conducted by the board of educational examiners.
   k.  (1)  Annually, on or before June 30 of each year, the board of educational examiners shall submit to the general assembly a report that contains information related to all of the following:
   (a)  The number and types of disciplinary hearings before the board of educational examiners.
   (b)  Any trends in the number or types of disciplinary hearings before the board of educational examiners.
   (c)  The number of board of educational examiners investigations of the employees of school districts, accredited nonpublic schools, or charter schools who do not hold a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners, that the board of educational examiners referred to a law enforcement agency.
   (d)  Any other information deemed relevant by the board of educational examiners in order to inform the general assembly of the status of the enforcement of the board of educational examiners’ rules.
   (2)  The report shall not include any personally identifiable information related to investigations referred to a law enforcement agency.
    Sec. 3.  Section 280.34, Code 2024, is amended to read as follows:
   280.34  Incidents related to licensed practitioners —— reporting and investigation.
   The board of directors of a school district and the authorities in charge of each accredited nonpublic school shall follow the process created by the department of education board of educational examiners pursuant to section 256.9, subsection 67 256.146, subsection 25, related to the reporting and investigation of an incident involving the possible commission of a felony by any employee of the board of directors of the school district or the authorities in charge of the accredited nonpublic school.
    Sec. 4.  REPEAL.  Section 256.158A, Code 2024, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to education by modifying provisions related to a process for investigating complaints against school employees and the responsibilities of the department of education (DE) and the board of educational examiners (BOEE).
   Current law requires the director of DE to develop and implement a process for the reporting and investigation of any incident that arises that may reasonably lead to the conclusion that any individual who is employed by the board of directors of a school district, the authorities in charge of an accredited nonpublic school, or the governing board of a charter school has committed a felony or, in the case of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the BOEE, has engaged in other prohibited conduct. Current law also establishes required elements of this process, including prohibiting schools from entering into certain agreements, requiring schools to provide documentation related to certain incidents to the BOEE, requiring schools to conduct a review of an applicant’s employment history and public license information, requiring schools to maintain reference information related to employees and respond to requests for such information from potential employers, establishing immunities for disclosure of certain information by schools, and establishing enforcement mechanisms. The bill transfers all of the authority related to developing and implementing this process from DE to the BOEE.
   The bill requires that the BOEE include in its annual report to the general assembly information related to the number of BOEE investigations of school employees who do not hold a license, endorsement, certification, authorization, or statement of recognition that the BOEE referred to a law enforcement agency. The bill establishes that the BOEE’s annual report shall not include any personally identifiable information related to investigations referred to a law enforcement agency.