Senate File 2378 - Introduced SENATE FILE 2378 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3050) A BILL FOR An Act relating to the board of educational examiners, 1 including by modifying provisions related to the time in 2 which complaints concerning licensed school employees having 3 romantic or otherwise inappropriate relationships with 4 students can be investigated, the mandatory reporting of 5 licensed school employees who engage in grooming behavior 6 toward students or the abuse of students, and reporting 7 requirements related to the investigation of complaints 8 against licensees and unlicensed school employees. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 5350SV (2) 90 jda/jh

S.F. 2378 Section 1. Section 256.146, subsection 14, paragraph a, 1 Code 2024, is amended to read as follows: 2 a. 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 or unless the conduct 19 constitutes conduct described in section 256.160, subsection 20 1, paragraph “a” , subparagraph (1), subparagraph division (a) , 21 require complaints to be resolved within one hundred eighty 22 days unless good cause can be shown for an extension of this 23 limitation, and require the board to finalize the investigation 24 of the written complaint even if the licensed practitioner 25 resigns or surrenders the licensed practitioner’s license, 26 certificate, authorization, or statement of recognition during 27 the investigation. 28 Sec. 2. Section 256.158, subsection 3, Code 2024, is amended 29 to read as follows: 30 3. a. All Subject to paragraph “b” , all complaint files, 31 investigation files, other investigation reports, and other 32 investigative information in the possession of the board or 33 its employees or agents, which relate to licensee discipline 34 or the investigation of nonlicensed school employees , are 35 -1- LSB 5350SV (2) 90 jda/jh 1/ 6

S.F. 2378 privileged and confidential, and are not subject to discovery, 1 subpoena, or other means of legal compulsion for their release 2 to a person other than the respondent and the board and 3 its employees and agents involved in licensee discipline or 4 the investigation of nonlicensed school employees , and are 5 not admissible in evidence in a judicial or administrative 6 proceeding other than the proceeding involving licensee 7 discipline. A complaint, any amendment to a complaint, and 8 any supporting documents shall be provided to the respondent 9 immediately upon the board’s determination that jurisdictional 10 requirements have been met and prior to the commencement of the 11 board’s investigation of a licensee . Investigative information 12 in the possession of the board or its employees or agents which 13 relates to licensee discipline may be disclosed to appropriate 14 licensing authorities within this state, the appropriate 15 licensing authority in another state, the District of Columbia, 16 or a territory or country in which the licensee is licensed 17 or has applied for a license. A final written decision and 18 finding of fact of the board in a disciplinary proceeding is a 19 public record. 20 b. Notwithstanding paragraph “a” , if the investigative 21 information in the possession of the board or its employees 22 or agents indicates that a felony has been committed by 23 either a licensee or a nonlicensed school employee, the board 24 shall report the investigative information to the proper law 25 enforcement agency. 26 Sec. 3. Section 256.160, subsection 1, paragraph a, 27 subparagraph (1), subparagraph division (a), Code 2024, is 28 amended by striking the subparagraph division and inserting in 29 lieu thereof the following: 30 (a) Soliciting, encouraging, or consummating any of the 31 following: 32 (i) A sexual or physical relationship with a student. 33 (ii) Grooming behavior toward a student. 34 (iii) An otherwise inappropriate relationship with a 35 -2- LSB 5350SV (2) 90 jda/jh 2/ 6

S.F. 2378 student. 1 Sec. 4. Section 256.160, subsection 1, paragraph a, 2 subparagraph (1), Code 2024, is amended by adding the following 3 new subparagraph division: 4 NEW SUBPARAGRAPH DIVISION . (e) Abusing a student. 5 Sec. 5. Section 256.160, subsection 1, paragraph a, 6 subparagraph (2), Code 2024, is amended to read as follows: 7 (2) The board of directors of a school district or area 8 education agency, the superintendent of a school district, 9 the chief administrator of an area education agency, and 10 the authorities in charge of an accredited nonpublic school 11 shall report to the board the nonrenewal or termination, for 12 reasons of alleged or actual misconduct, of a person’s contract 13 executed under sections 279.12 , 279.13 , 279.15 , 279.16 , 279.18 14 through 279.21 , 279.23 , and 279.24 , and the resignation of 15 a person who holds a license, certificate, or authorization 16 issued by the board as a result of or following an incident 17 or allegation of misconduct that, if proven, would constitute 18 a violation of the rules adopted by the board to implement 19 section 256.146, subsection 13 , paragraph “b” , subparagraph 20 (1); soliciting, encouraging, or consummating a romantic sexual 21 or physical relationship with a student, grooming behavior 22 toward a student, or an otherwise inappropriate relationship 23 with a student; falsifying student grades, test scores, or 24 other official information or material; or converting public 25 property or funds to the personal use of the school employee ; 26 or abusing a student , when the board or reporting official 27 has a good faith belief that the incident occurred or the 28 allegation is true. The board may deny a license or revoke 29 the license of an administrator if the board finds by a 30 preponderance of the evidence that the administrator failed 31 to report the termination or resignation of a school employee 32 holding a license, certificate, statement of professional 33 recognition, or coaching authorization, for reasons of alleged 34 or actual misconduct, as defined by this section . 35 -3- LSB 5350SV (2) 90 jda/jh 3/ 6

S.F. 2378 Sec. 6. Section 256.160, subsection 1, paragraph c, Code 1 2024, is amended by striking the paragraph. 2 Sec. 7. Section 256.160, Code 2024, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5. For purposes of this section: 5 a. “Grooming behavior” means any behavior, which in light 6 of all relevant circumstances, constitutes actions to entice 7 or entrap a student or students with the intent to make such 8 student or students engage in a sex act. 9 b. “Inappropriate relationship” means any of the following: 10 (1) An unprofessional relationship for an educator to have 11 with a student. 12 (2) A sexual relationship. 13 (3) A relationship in which sexual harassment or any form of 14 physical or sexual abuse occurs. 15 (4) A relationship that is not in compliance with generally 16 accepted educational practices. 17 c. “Misconduct” means an action disqualifying an applicant 18 for a license or causing the license of a person to be revoked 19 or suspended in accordance with the rules adopted by the board 20 to implement section 256.146, subsection 13, paragraph “b” , 21 subparagraph (1). 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the board of educational examiners 26 (BOEE), including by modifying provisions related to the time 27 in which complaints concerning licensed school employees having 28 sexual, physical, or otherwise inappropriate relationships 29 with students can be investigated, the mandatory reporting 30 of licensed school employees who engage in grooming behavior 31 toward students or the abuse of students, and reporting 32 requirements related to the investigation of complaints against 33 licensees and unlicensed school employees. 34 Current law requires the BOEE to adopt rules related to the 35 -4- LSB 5350SV (2) 90 jda/jh 4/ 6

S.F. 2378 filing of complaints against individuals who hold a license, 1 certificate, authorization, or statement of recognition issued 2 by the BOEE. Current law also requires that the conduct 3 providing the basis for the complaint to have occurred within 4 three years of discovery of the event by the complainant unless 5 good cause can be shown for an extension of the three-year 6 limitation. The bill provides that the three-year limitation 7 shall also not apply if the conduct constitutes soliciting, 8 encouraging, or consummating a sexual, physical, or otherwise 9 inappropriate relationship with a student or is grooming 10 behavior. 11 Current law provides that all investigative information 12 in the possession of the BOEE, which relates to licensee 13 discipline, is privileged and confidential, and is not subject 14 to discovery, subpoena, or other means of legal compulsion 15 for their release to a person other than the respondent and 16 the BOEE, and are not admissible in evidence in a judicial 17 or administrative proceeding other than the proceeding 18 involving licensee discipline. The bill provides that these 19 same protections apply to the investigation of a nonlicensed 20 school employee. Additionally, the bill establishes that, 21 notwithstanding these protections, if the investigative 22 information in the possession of the BOEE indicates that 23 a crime has been committed by either a licensee or a 24 nonlicensed school employee, the BOEE is required to report the 25 investigative information to the proper law enforcement agency. 26 Current law requires the board of directors of a school 27 district or area education agency, the superintendent of a 28 school district, the chief administrator of an area education 29 agency, and the authorities in charge of an accredited 30 nonpublic school to report to the BOEE any instance of 31 disciplinary action taken against a licensed school employee 32 for conduct constituting soliciting, encouraging, or 33 consummating a romantic or otherwise inappropriate relationship 34 with a student. The bill adds that such a report is also 35 -5- LSB 5350SV (2) 90 jda/jh 5/ 6

S.F. 2378 required to be made for conduct that constitutes grooming 1 behavior toward a student or for conduct that constitutes 2 abusing a student. The bill changes references to a 3 romantic relationship in Code section 256.160(1) (reporting 4 requirements) to refer, instead, to a sexual or physical 5 relationship. 6 The bill defines “grooming behavior” as any behavior, 7 which in light of all relevant circumstances, constitutes 8 actions to entice or entrap a student or students with the 9 intent to make such student or students engage in a sex act. 10 Additionally, the bill defines “inappropriate relationship” as 11 an unprofessional relationship for an educator to have with a 12 student, a sexual relationship, a relationship in which sexual 13 harassment or any form of physical or sexual abuse occurs, or a 14 relationship that is not in compliance with generally accepted 15 educational practices. 16 The bill makes conforming changes, including by moving the 17 definition of “misconduct” within Code section 256.160. 18 -6- LSB 5350SV (2) 90 jda/jh 6/ 6