Senate File 454 - Reprinted SENATE FILE 454 BY COMMITTEE ON EDUCATION (SUCCESSOR TO SF 345) (As Amended and Passed by the Senate March 10, 2011 ) A BILL FOR An Act relating to misconduct by a school employee and 1 providing related duties, responsibilities, or civil and 2 criminal immunity for other persons, accredited public and 3 private schools, area education agencies, and the board of 4 educational examiners. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 454 (4) 84 kh/nh
S.F. 454 Section 1. Section 272.2, subsection 1, paragraph b, Code 1 2011, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 b. Provide annually to any person who holds a license, 4 certificate, authorization, or statement of recognition 5 issued by the board, training relating to the knowledge and 6 understanding of the board’s code of professional conduct and 7 ethics. The board shall develop a curriculum that addresses 8 the code of professional conduct and ethics and shall annually 9 provide regional training opportunities throughout the state. 10 Sec. 2. Section 272.15, subsection 1, Code 2011, is amended 11 to read as follows: 12 1. a. The board of directors of a school district or area 13 education agency, the superintendent of a school district or 14 the chief administrator of an area education agency, and the 15 authorities in charge of a nonpublic school shall report to the 16 board the nonrenewal or termination, for reasons of alleged 17 or actual misconduct, of a person’s contract executed under 18 sections 279.12 , 279.13 , 279.15 through 279.21 , 279.23 , and 19 279.24 , and the resignation of a person who holds a license, 20 certificate, or authorization issued by the board as a result 21 of or following an incident or allegation of misconduct that, 22 if proven, would constitute a violation of the rules adopted 23 by the board to implement section 272.2, subsection 14 , 24 paragraph “b” , subparagraph (1), when the board or reporting 25 official has a good faith belief that the incident occurred 26 or the allegation is true. The board may deny a license or 27 revoke the license of an administrator if the board finds by 28 a preponderance of the evidence that the administrator failed 29 to report the termination or resignation of a school employee 30 holding a license, certificate, statement of professional 31 recognition, or coaching authorization, for reasons of alleged 32 or actual misconduct, as defined by this section. 33 b. Information reported to the board in accordance with this 34 section is privileged and confidential, and except as provided 35 -1- SF 454 (4) 84 kh/nh 1/ 3
S.F. 454 in section 272.13 , is not subject to discovery, subpoena, or 1 other means of legal compulsion for its release to a person 2 other than the respondent and the board and its employees and 3 agents involved in licensee discipline, and is not admissible 4 in evidence in a judicial or administrative proceeding other 5 than the proceeding involving licensee discipline. The board 6 shall review the information reported to determine whether a 7 complaint should be initiated. In making that determination, 8 the board shall consider the factors enumerated in section 9 272.2, subsection 14 , paragraph “a” . 10 c. For purposes of this section , unless the context 11 otherwise requires, “misconduct” means an action disqualifying 12 an applicant for a license or causing the license of a person 13 to be revoked or suspended in accordance with the rules 14 adopted by the board to implement section 272.2, subsection 14 , 15 paragraph “b” , subparagraph (1). 16 Sec. 3. Section 280.17, Code 2011, is amended to read as 17 follows: 18 280.17 Procedures for handling child abuse reports. 19 1. The board of directors of a public school district 20 and the authorities in control charge of a nonpublic school 21 shall prescribe procedures, in accordance with the guidelines 22 contained in the model policy developed by the department 23 of education in consultation with the department of human 24 services, and adopted by the department of education pursuant 25 to chapter 17A , for the handling of reports of child abuse, as 26 defined in section 232.68, subsection 2 , paragraph “a” , “c” , or 27 “e” , alleged to have been committed by an employee or agent of 28 the public or nonpublic school. 29 2. a. The board of directors of a school district and the 30 authorities in charge of an accredited nonpublic school shall 31 place on administrative leave a school employee who is the 32 subject of an investigation of an alleged incident of abuse of 33 a student conducted in accordance with 281 IAC 102. 34 b. If the results of an investigation of abuse of a 35 -2- SF 454 (4) 84 kh/nh 2/ 3
S.F. 454 student by a school employee who holds a license, certificate, 1 authorization, or statement of recognition issued by the board 2 of educational examiners finds that the school employee’s 3 conduct constitutes a crime under any other statute, the board 4 or the authorities, as appropriate, shall report the results of 5 the investigation to the board of educational examiners. 6 Sec. 4. Section 280.27, Code 2011, is amended to read as 7 follows: 8 280.27 Reporting violence —— immunity. 9 An employee of a school district, an accredited nonpublic 10 school, or an area education agency who participates in good 11 faith and acts reasonably in the making of a report to, or 12 investigation by, an appropriate person or agency regarding 13 violence, threats of violence, physical or sexual abuse of 14 a student, or other inappropriate activity against a school 15 employee or student in a school building, on school grounds, 16 or at a school-sponsored function shall be immune from civil 17 or criminal liability relating to such action, as well as for 18 participating in any administrative or judicial proceeding 19 resulting from or relating to the report or investigation. 20 -3- SF 454 (4) 84 kh/nh 3/ 3