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
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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
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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
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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
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