House File 2567 - Reprinted HOUSE FILE 2567 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2505) (SUCCESSOR TO HSB 702) (As Amended and Passed by the House March 24, 2022 ) A BILL FOR An Act relating to education, including requirements related to 1 mandatory reporters, a process for investigating complaints 2 against licensed practitioners, and the responsibilities 3 of the department of education, school districts, charter 4 schools, accredited nonpublic schools, and the board of 5 educational examiners. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 2567 (2) 89 jda/jh/md

H.F. 2567 Section 1. Section 232.69, subsection 1, unnumbered 1 paragraph 1, Code 2022, is amended to read as follows: 2 The classes of persons enumerated in this subsection shall 3 make a report within twenty-four hours and as provided in 4 section 232.70 , of cases of child abuse. In addition, the 5 classes of persons enumerated in this subsection shall make a 6 report of abuse of a child who is under twelve years of age and 7 may make a report of abuse of a child who is twelve years of age 8 or older, which would be defined as child abuse under section 9 232.68, subsection 2 , paragraph “a” , subparagraph (3) or (5), 10 except that the abuse resulted from the acts or omissions of 11 a person other than a person responsible for the care of the 12 child. 13 Sec. 2. Section 232.69, subsection 1, paragraph b, 14 subparagraph (4), Code 2022, is amended to read as follows: 15 (4) A licensed school employee, certified para-educator, 16 holder of a coaching authorization issued under section 272.31 , 17 full-time school employee who is eighteen years of age or 18 older, or an instructor employed by a community college. 19 Sec. 3. Section 232.70, subsection 6, Code 2022, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . 0f. If the person making the report is a 22 licensed school employee who reasonably believes the person 23 responsible for the injury is a licensed school employee, the 24 identity of the licensed school employee the person making the 25 report believes is responsible for the injury. 26 Sec. 4. Section 256.9, Code 2022, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 65. a. Develop and implement a process 29 for the reporting and investigation of any incident that arises 30 that may reasonably lead to the conclusion that an individual 31 with a license, endorsement, certification, authorization, or 32 statement of recognition issued by the board of educational 33 examiners who is employed by the board of directors of a 34 school district or the authorities in charge of an accredited 35 -1- HF 2567 (2) 89 jda/jh/md 1/ 6

H.F. 2567 nonpublic school has committed a felony or has engaged in 1 conduct described in section 272.15, subsection 1, paragraph 2 “a” , subparagraph (1), subparagraph divisions (a) through (d). 3 b. The process shall prohibit the boards of directors of a 4 school district and the authorities in charge of an accredited 5 nonpublic school from entering into any of the following: 6 (1) A written or oral agreement that prohibits the board of 7 directors of the school district or the authorities in charge 8 of an accredited nonpublic school, an employee of the school 9 district or the accredited nonpublic school, or a contractor 10 of the school district or the accredited nonpublic school 11 from discussing an incident, past performance or actions, 12 past allegations leading to discipline or adverse employment 13 action, or employee resignation with any governmental agent, 14 governmental officer, or any potential employer. 15 (2) A written or oral agreement that waives the liability 16 of an individual with a license, endorsement, certification, 17 authorization, or statement of recognition issued by the 18 board of educational examiners related to or arising from an 19 incident, past performance or action, or past allegations of 20 wrongdoing. 21 c. The board of directors of a school district or the 22 authorities in charge of an accredited nonpublic school and 23 contractors of the school district or the accredited nonpublic 24 school shall be immune from any civil liability arising 25 from discussing an incident, past performance or actions, 26 past allegations leading to discipline or adverse employment 27 action, or employee resignation with any governmental agent, 28 governmental officer, or any potential employer. 29 d. If the board of educational examiners finds that 30 the board of directors of a school district or the 31 authorities in charge of an accredited nonpublic school 32 has intentionally failed to follow the process established 33 by this subsection regarding an incident, or the reporting 34 requirements established pursuant to section 272.15, the 35 -2- HF 2567 (2) 89 jda/jh/md 2/ 6

H.F. 2567 board of educational examiners shall assess a fine against 1 an administrator of the school district or the accredited 2 nonpublic school who failed to ensure compliance with the 3 process of not less than five hundred dollars and not more than 4 five thousand dollars. Payments of the fine provided in this 5 paragraph shall be remitted to the treasurer of the state for 6 deposit in the general fund of the state. 7 e. If the board of educational examiners finds that the 8 board of directors of a school district or the authorities in 9 charge of an accredited nonpublic school has intentionally 10 concealed, or attempted to conceal from any governmental 11 agent, governmental officer, or potential employer a founded 12 incident, or any conduct required to be reported pursuant to 13 section 272.15, the board of educational examiners shall assess 14 a fine against an administrator of the school district or the 15 accredited nonpublic school who assisted in the concealment, or 16 attempted concealment, of an incident, or any conduct required 17 to be reported pursuant to section 272.15, of not more than 18 ten thousand dollars. Payments of the fine provided in this 19 paragraph shall be remitted to the treasurer of the state for 20 deposit in the general fund of the state. 21 Sec. 5. Section 256E.7, subsection 2, Code 2022, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0i. Be subject to and comply with the 24 requirements of section 280.32 in the same manner as a school 25 district. 26 Sec. 6. Section 272.2, subsection 14, paragraph b, 27 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 28 to read as follows: 29 The person entered a plea of guilty to, or has been found 30 guilty of, or the board has found by a preponderance of the 31 evidence that the person committed, any of the following 32 offenses, whether or not a sentence is imposed: 33 Sec. 7. Section 272.2, subsection 15, Code 2022, is amended 34 to read as follows: 35 -3- HF 2567 (2) 89 jda/jh/md 3/ 6

H.F. 2567 15. a. Adopt rules that require specificity in written 1 complaints that are filed by individuals who have personal 2 knowledge of an alleged violation and which are accepted by 3 the board, provide that the jurisdictional requirements as set 4 by the board in administrative rule are met on the face of the 5 complaint before initiating an investigation of allegations, 6 provide that any investigation be limited to the allegations 7 contained on the face of the complaint, provide for an adequate 8 interval between the receipt of a complaint and public notice 9 of the complaint, permit parties to a complaint to mutually 10 agree to a resolution of the complaint filed with the board, 11 allow the respondent the right to review any investigative 12 report upon a finding of probable cause for further action by 13 the board, require that the conduct providing the basis for 14 the complaint occurred within three years of discovery of the 15 event by the complainant unless good cause can be shown for 16 an extension of this limitation, and require complaints to be 17 resolved within one hundred eighty days unless good cause can 18 be shown for an extension of this limitation. 19 b. Adopt rules that require the collection and retention of 20 written complaints that are filed. If the board determines a 21 written complaint is not founded, the complaint and all records 22 related to the complaint shall be kept confidential and are not 23 subject to chapter 22. 24 c. Adopt rules that require the board to notify the school 25 that employs, or is seeking to employ, a licensed practitioner 26 who is the subject of an ongoing investigation initiated under 27 paragraph “a” , of the existence and nature of the written 28 complaint filed against the licensed practitioner. This 29 paragraph shall not be construed to require the board to 30 disclose unfounded, closed investigations initiated under 31 paragraph “a” . 32 d. Adopt rules that require the evaluation of complaints 33 that did not result in any discipline or sanction if similar 34 complaints are filed against the same licensed practitioner. 35 -4- HF 2567 (2) 89 jda/jh/md 4/ 6

H.F. 2567 e. Adopt rules that require the board to investigate an 1 administrator who is employed by the school that employs a 2 licensed practitioner who is the subject of an investigation 3 initiated under paragraph “a” . The rules shall require 4 the board to investigate whether the administrator filed a 5 written complaint pursuant to this subsection and whether the 6 administrator was required to report to the board pursuant to 7 section 272.15. 8 Sec. 8. Section 279.69, Code 2022, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 1A. Prior to hiring an individual who 11 has been issued a license, endorsement, certification, 12 authorization, or statement of recognition by the board of 13 educational examiners, a school district shall contact the 14 board of educational examiners to determine if the individual 15 is the subject of an ongoing investigation initiated pursuant 16 to section 272.2, subsection 15, if a complaint has been filed 17 against the individual pursuant to section 272.2, subsection 18 15, if a report has been filed against the individual pursuant 19 to section 272.15, or if the individual surrendered a license, 20 endorsement, certification, authorization, or statement of 21 recognition prior to the final disposition of an investigation. 22 Information provided pursuant to this subsection shall be 23 kept confidential, is not subject to chapter 22, and may only 24 be shared with individuals directly involved in the hiring 25 process. This subsection shall not be construed to require the 26 board of educational examiners to disclose unfounded, closed 27 investigations. 28 Sec. 9. NEW SECTION . 280.32 Incidents related to licensed 29 practitioners —— reporting and investigation. 30 The board of directors of a school district and the 31 authorities in charge of each accredited nonpublic school shall 32 follow the process created by the department of education 33 pursuant to section 256.9, subsection 65, related to the 34 reporting and investigation of an incident involving the 35 -5- HF 2567 (2) 89 jda/jh/md 5/ 6