Senate
Study
Bill
3050
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
modifying
provisions
related
to
the
time
in
which
the
1
board
of
educational
examiners
can
investigate
complaints
2
relating
to
licensed
school
employees
having
romantic
or
3
otherwise
inappropriate
relationships
with
students.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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H.F.
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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
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
modifies
provisions
related
to
the
time
in
which
32
the
board
of
educational
examiners
(BOEE)
can
investigate
33
complaints
relating
to
licensed
school
employees
having
34
romantic
or
otherwise
inappropriate
relationships
with
35
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students.
Current
law
requires
the
BOEE
to
adopt
rules
1
related
to
the
filing
of
complaints
against
individuals
who
2
hold
a
license,
certificate,
authorization,
or
statement
of
3
recognition
issued
by
the
BOEE.
Current
law
also
requires
4
that
the
conduct
providing
the
basis
for
the
complaint
to
have
5
occurred
within
three
years
of
discovery
of
the
event
by
the
6
complainant
unless
good
cause
can
be
shown
for
an
extension
7
of
the
three-year
limitation.
The
bill
provides
that
the
8
three-year
limitation
shall
also
not
apply
if
the
conduct
9
constitutes
soliciting,
encouraging,
or
consummating
a
romantic
10
or
otherwise
inappropriate
relationship
with
a
student.
11
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