House File 2487 - Reprinted HOUSE FILE 2487 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 568) (As Amended and Passed by the House March 11, 2024 ) A BILL FOR An Act relating to education, including by modifying provisions 1 related to mandatory reporting to the board of educational 2 examiners of certain specified school employees, complaints 3 against school employees and the investigation of complaints 4 against school employees, and the responsibilities of 5 the department of education and the board of educational 6 examiners. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 HF 2487 (3) 90 jda/jh/md

H.F. 2487 DIVISION I 1 BOARD OF EDUCATIONAL EXAMINERS —— MANDATORY REPORTING 2 Section 1. Section 256.160, subsection 1, paragraph a, 3 subparagraph (1), subparagraph division (a), Code 2024, is 4 amended by striking the subparagraph division and inserting in 5 lieu thereof the following: 6 (a) Soliciting, encouraging, or consummating any of the 7 following: 8 (i) A romantic or physical relationship with a student. 9 (ii) Grooming behavior toward a student. 10 (iii) An otherwise inappropriate relationship with a 11 student. 12 Sec. 2. Section 256.160, subsection 1, paragraph a, 13 subparagraph (1), Code 2024, is amended by adding the following 14 new subparagraph division: 15 NEW SUBPARAGRAPH DIVISION . (e) Abusing a student. 16 Sec. 3. Section 256.160, subsection 1, paragraph a, 17 subparagraph (2), Code 2024, is amended to read as follows: 18 (2) The board of directors of a school district or area 19 education agency, the superintendent of a school district, 20 the chief administrator of an area education agency, and 21 the authorities in charge of an accredited nonpublic school 22 shall report to the board the nonrenewal or termination, for 23 reasons of alleged or actual misconduct, of a person’s contract 24 executed under sections 279.12 , 279.13 , 279.15 , 279.16 , 279.18 25 through 279.21 , 279.23 , and 279.24 , and the resignation of 26 a person who holds a license, certificate, or authorization 27 issued by the board as a result of or following an incident 28 or allegation of misconduct that, if proven, would constitute 29 a violation of the rules adopted by the board to implement 30 section 256.146, subsection 13 , paragraph “b” , subparagraph 31 (1); soliciting, encouraging, or consummating a romantic or 32 physical relationship with a student, grooming behavior toward 33 a student, or an otherwise inappropriate relationship with 34 a student; falsifying student grades, test scores, or other 35 -1- HF 2487 (3) 90 jda/jh/md 1/ 10

H.F. 2487 official information or material; or converting public property 1 or funds to the personal use of the school employee ; or abusing 2 a student , when the board or reporting official has a good 3 faith belief that the incident occurred or the allegation is 4 true. The board may deny a license or revoke the license 5 of an administrator if the board finds by a preponderance 6 of the evidence that the administrator failed to report the 7 termination or resignation of a school employee holding a 8 license, certificate, statement of professional recognition, 9 or coaching authorization, for reasons of alleged or actual 10 misconduct, as defined by this section . 11 Sec. 4. Section 256.160, subsection 1, paragraph c, Code 12 2024, is amended by striking the paragraph. 13 Sec. 5. Section 256.160, Code 2024, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 5. For purposes of this section: 16 a. “Grooming behavior” means any attempt to seduce, solicit, 17 lure, or entice a student, or a person believed to be a 18 student, to participate in a sex act, as defined in section 19 702.17, or to engage in any unlawful sexual conduct. 20 b. “Inappropriate relationship” means a dating relationship, 21 a sexual relationship, or any relationship in which sexual 22 harassment or any form of physical or sexual abuse occurs. 23 c. “Misconduct” means an action disqualifying an applicant 24 for a license or causing the license of a person to be revoked 25 or suspended in accordance with the rules adopted by the board 26 to implement section 256.146, subsection 13, paragraph “b” , 27 subparagraph (1). 28 DIVISION II 29 BOARD OF EDUCATIONAL EXAMINERS —— PROCESS FOR INVESTIGATING 30 COMPLAINTS 31 Sec. 6. Section 256.9, subsection 67, Code 2024, is amended 32 by striking the subsection. 33 Sec. 7. Section 256.146, Code 2024, is amended by adding the 34 following new subsection: 35 -2- HF 2487 (3) 90 jda/jh/md 2/ 10

H.F. 2487 NEW SUBSECTION . 25. a. (1) Develop and implement a 1 process for the reporting and investigation of any incident 2 that arises that may reasonably lead to the conclusion that 3 any individual who is employed by the board of directors of a 4 school district, the authorities in charge of an accredited 5 nonpublic school, or the governing board of a charter 6 school, including an individual with a license, endorsement, 7 certification, authorization, or statement of recognition 8 issued by the board of educational examiners, has committed 9 a felony or, in the case of an individual with a license, 10 endorsement, certification, authorization, or statement of 11 recognition issued by the board of educational examiners, has 12 engaged in conduct described in section 256.160, subsection 1, 13 paragraph “a” , subparagraph (1). 14 (2) The process must require the board of educational 15 examiners to assign a unique identifier to each incident that 16 is reported. The board of educational examiners shall provide 17 the unique identifier to the person who reported the incident 18 and to the employee who is the subject of the incident, and 19 the unique identifier must be able to be used to search the 20 board of educational examiners’ internet site to determine the 21 current status of the investigation of the incident, including 22 the date of the most recently taken action. The board of 23 educational examiners shall ensure that the portion of the 24 internet site displaying such information is only accessible by 25 the person who reported the incident, the employee who is the 26 subject of the incident, and the board of educational examiners 27 and its employees and agents. 28 b. The process shall prohibit the board of directors of a 29 school district, the authorities in charge of an accredited 30 nonpublic school, and the governing board of a charter school 31 from entering into any of the following: 32 (1) A written or oral agreement that prohibits the board 33 of directors of the school district, the authorities in charge 34 of an accredited nonpublic school, the governing board of 35 -3- HF 2487 (3) 90 jda/jh/md 3/ 10

H.F. 2487 a charter school, an employee of the school district, the 1 accredited nonpublic school, or the charter school, or a 2 contractor of the school district, the accredited nonpublic 3 school, or the charter school from discussing an incident, past 4 performance or actions, past allegations leading to discipline 5 or adverse employment action, or employee resignation with any 6 governmental agent, governmental officer, or any potential 7 employer. 8 (2) A written or oral agreement that waives the liability 9 of an individual with a license, endorsement, certification, 10 authorization, or statement of recognition issued by the 11 board of educational examiners related to or arising from an 12 incident, past performance or action, or past allegations of 13 wrongdoing. 14 c. (1) The process shall require the board of directors 15 of a school district, the authorities in charge of an 16 accredited nonpublic school, and the governing board of a 17 charter school to provide all documentation and information 18 related to the incident to the board of educational examiners 19 for investigation if the employee who is the subject of the 20 incident and who has a license, endorsement, certification, 21 authorization, or statement of recognition issued by the board 22 of educational examiners resigns or the employee’s contract is 23 terminated during the school district’s, accredited nonpublic 24 school’s, or charter school’s investigation of the incident. 25 (2) The process shall require the board of directors of a 26 school district, the authorities in charge of an accredited 27 nonpublic school, and the governing board of a charter school 28 to finalize the investigation of the incident even if the 29 employee who is the subject of the incident and who does not 30 have a license, endorsement, certification, authorization, or 31 statement of recognition issued by the board of educational 32 examiners resigns or the employee’s contract is terminated 33 during the school district’s, accredited nonpublic school’s, or 34 charter school’s investigation of the incident. 35 -4- HF 2487 (3) 90 jda/jh/md 4/ 10

H.F. 2487 d. The process shall require that, prior to hiring an 1 applicant for any position, the board of directors of a 2 school district, the authorities in charge of an accredited 3 nonpublic school, and the governing board of a charter school 4 must conduct a review of the applicant’s employment history, 5 including by contacting the applicant’s previous employers 6 listed on the application for employment and by viewing the 7 board of educational examiners’ public license information to 8 determine if the applicant has a case pending with a finding of 9 probable cause or any licensure sanction. 10 e. The process shall require the board of directors of a 11 school district, the authorities in charge of an accredited 12 nonpublic school, and the governing board of a charter school 13 to maintain on forms prescribed by the board of educational 14 examiners reference information related to all employees of 15 the school district, accredited nonpublic school, or charter 16 school, and respond to any request for such information from 17 a potential employer. This paragraph shall not be construed 18 to require the board of directors of a school district, the 19 authorities in charge of an accredited nonpublic school, or 20 the governing board of a charter school to disclose unfounded, 21 closed investigations. The board of directors of a school 22 district, the authorities in charge of an accredited nonpublic 23 school, or the governing board of a charter school shall be 24 immune from any criminal or civil liability arising from the 25 disclosure of reference information under this paragraph if the 26 school district, accredited nonpublic school, or charter school 27 does not knowingly disclose false information. 28 f. The board of directors of a school district, the 29 authorities in charge of an accredited nonpublic school, or 30 the governing board of a charter school, and contractors of 31 the school district, the accredited nonpublic school, or the 32 charter school shall be immune from any civil liability arising 33 from discussing an incident, past performance or actions, 34 past allegations leading to discipline or adverse employment 35 -5- HF 2487 (3) 90 jda/jh/md 5/ 10

H.F. 2487 action, or employee resignation with any governmental agent, 1 governmental officer, or any potential employer. 2 g. If, after investigation, the board of educational 3 examiners determines that the board of directors of a 4 school district, the authorities in charge of an accredited 5 nonpublic school, or the governing board of a charter school 6 has intentionally failed to follow the process established 7 by this subsection regarding an incident, or the reporting 8 requirements established pursuant to section 256.160, related 9 to an employee who holds a license, endorsement, certification, 10 authorization, or statement of recognition issued by the board 11 of educational examiners, any administrator of the school 12 district, the accredited nonpublic school, or the charter 13 school who intentionally failed to ensure compliance with the 14 process shall be subject to a hearing conducted by the board of 15 educational examiners. 16 h. If, after investigation, the board of educational 17 examiners determines that the board of directors of a school 18 district, the authorities in charge of an accredited nonpublic 19 school, or the governing board of a charter school has 20 intentionally failed to follow the process established by 21 this subsection regarding an incident related to an employee 22 who does not hold a license, endorsement, certification, 23 authorization, or statement of recognition issued by the board 24 of educational examiners, any administrator of the school 25 district, the accredited nonpublic school, or the charter 26 school who intentionally failed to ensure compliance with the 27 process shall be subject to a hearing conducted by the board of 28 educational examiners. 29 i. If, after investigation, the board of educational 30 examiners determines that the board of directors of a school 31 district, the authorities in charge of an accredited nonpublic 32 school, or the governing board of a charter school has 33 intentionally concealed, or attempted to conceal from any 34 governmental agent, governmental officer, or potential employer 35 -6- HF 2487 (3) 90 jda/jh/md 6/ 10

H.F. 2487 a founded incident, or any conduct required to be reported 1 pursuant to section 256.160, related to an employee who holds 2 a license, endorsement, certification, authorization, or 3 statement of recognition issued by the board of educational 4 examiners, any administrator of the school district, the 5 accredited nonpublic school, or the charter school who 6 intentionally assisted in the concealment, or attempted 7 concealment, of an incident, or any conduct required to be 8 reported pursuant to section 256.160, shall be subject to a 9 hearing conducted by the board of educational examiners. 10 j. If, after investigation, the board of educational 11 examiners finds that the board of directors of a school 12 district, the authorities in charge of an accredited nonpublic 13 school, or the governing board of a charter school has 14 intentionally concealed, or attempted to conceal from any 15 governmental agent, governmental officer, or potential employer 16 a founded incident related to an employee who does not hold 17 a license, endorsement, certification, authorization, or 18 statement of recognition issued by the board of educational 19 examiners, any administrator of the school district, the 20 accredited nonpublic school, or the charter school who 21 intentionally assisted in the concealment, or attempted 22 concealment, of an incident shall be subject to a hearing 23 conducted by the board of educational examiners. 24 k. (1) Annually, on or before June 30 of each year, the 25 board of educational examiners shall submit to the general 26 assembly a report that contains information related to all of 27 the following: 28 (a) The number and types of disciplinary hearings before the 29 board of educational examiners. 30 (b) Any trends in the number or types of disciplinary 31 hearings before the board of educational examiners. 32 (c) The number of board of educational examiners 33 investigations of the employees of school districts, accredited 34 nonpublic schools, or charter schools who do not hold a 35 -7- HF 2487 (3) 90 jda/jh/md 7/ 10

H.F. 2487 license, endorsement, certification, authorization, or 1 statement of recognition issued by the board of educational 2 examiners, that the board of educational examiners referred to 3 a law enforcement agency. 4 (d) Any other information deemed relevant by the board of 5 educational examiners in order to inform the general assembly 6 of the status of the enforcement of the board of educational 7 examiners’ rules. 8 (2) The report shall not include any personally 9 identifiable information related to investigations referred to 10 a law enforcement agency. 11 Sec. 8. Section 280.34, Code 2024, is amended to read as 12 follows: 13 280.34 Incidents related to licensed practitioners —— 14 reporting and investigation. 15 The board of directors of a school district and the 16 authorities in charge of each accredited nonpublic school shall 17 follow the process created by the department of education board 18 of educational examiners pursuant to section 256.9, subsection 19 67 256.146, subsection 25 , related to the reporting and 20 investigation of an incident involving the possible commission 21 of a felony by any employee of the board of directors of the 22 school district or the authorities in charge of the accredited 23 nonpublic school. 24 Sec. 9. REPEAL. Section 256.158A, Code 2024, is repealed. 25 DIVISION III 26 BOARD OF EDUCATIONAL EXAMINERS —— REPORTING REQUIREMENTS 27 Sec. 10. Section 256.158, subsection 3, Code 2024, is 28 amended to read as follows: 29 3. a. All Subject to paragraph “b” , all complaint files, 30 investigation files, other investigation reports, and other 31 investigative information in the possession of the board or 32 its employees or agents, which relate to licensee discipline 33 or the investigation of nonlicensed school employees , are 34 privileged and confidential, and are not subject to discovery, 35 -8- HF 2487 (3) 90 jda/jh/md 8/ 10

H.F. 2487 subpoena, or other means of legal compulsion for their release 1 to a person other than the respondent and the board and 2 its employees and agents involved in licensee discipline or 3 the investigation of nonlicensed school employees , and are 4 not admissible in evidence in a judicial or administrative 5 proceeding other than the proceeding involving licensee 6 discipline. A complaint, any amendment to a complaint, and 7 any supporting documents shall be provided to the respondent 8 immediately upon the board’s determination that jurisdictional 9 requirements have been met and prior to the commencement of the 10 board’s investigation of a licensee . Investigative information 11 in the possession of the board or its employees or agents which 12 relates to licensee discipline may be disclosed to appropriate 13 licensing authorities within this state, the appropriate 14 licensing authority in another state, the District of Columbia, 15 or a territory or country in which the licensee is licensed 16 or has applied for a license. A final written decision and 17 finding of fact of the board in a disciplinary proceeding is a 18 public record. 19 b. Notwithstanding paragraph “a” , if the investigative 20 information in the possession of the board or its employees 21 or agents indicates that a crime has been committed by either 22 a licensee or a nonlicensed school employee, the board shall 23 report the investigative information to the proper law 24 enforcement agency. 25 DIVISION IV 26 BOARD OF EDUCATIONAL EXAMINERS —— TIME IN WHICH COMPLAINTS CAN 27 BE INVESTIGATED 28 Sec. 11. Section 256.146, subsection 14, paragraph a, Code 29 2024, is amended to read as follows: 30 a. Adopt rules that require specificity in written 31 complaints that are filed by individuals who have personal 32 knowledge of an alleged violation and which are accepted by 33 the board, provide that the jurisdictional requirements as set 34 by the board in administrative rule are met on the face of the 35 -9- HF 2487 (3) 90 jda/jh/md 9/ 10

H.F. 2487 complaint before initiating an investigation of allegations, 1 provide that any investigation be limited to the allegations 2 contained on the face of the complaint, provide for an adequate 3 interval between the receipt of a complaint and public notice 4 of the complaint, permit parties to a complaint to mutually 5 agree to a resolution of the complaint filed with the board, 6 allow the respondent the right to review any investigative 7 report upon a finding of probable cause for further action 8 by the board, require that the conduct providing the basis 9 for the complaint occurred within three years of discovery of 10 the event by the complainant unless good cause can be shown 11 for an extension of this limitation or unless the conduct 12 constitutes conduct described in section 256.160, subsection 13 1, paragraph “a” , subparagraph (1), subparagraph division (a) , 14 require complaints to be resolved within one hundred eighty 15 days unless good cause can be shown for an extension of this 16 limitation, and require the board to finalize the investigation 17 of the written complaint even if the licensed practitioner 18 resigns or surrenders the licensed practitioner’s license, 19 certificate, authorization, or statement of recognition during 20 the investigation. 21 -10- HF 2487 (3) 90 jda/jh/md 10/ 10