House
File
430
-
Reprinted
HOUSE
FILE
430
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
10)
(As
Amended
and
Passed
by
the
House
March
8,
2023
)
A
BILL
FOR
An
Act
relating
to
education,
including
requirements
related
to
1
mandatory
reporters,
a
process
for
investigating
complaints
2
against
school
employees,
and
the
responsibilities
of
the
3
department
of
education,
school
districts,
charter
schools,
4
accredited
nonpublic
schools,
and
the
board
of
educational
5
examiners.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
232.69,
subsection
1,
unnumbered
1
paragraph
1,
Code
2023,
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
2023,
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
school
employee
who
is
eighteen
years
of
age
or
older,
or
an
18
instructor
employed
by
a
community
college.
19
Sec.
3.
Section
232.70,
subsection
5,
Code
2023,
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
also
a
licensed
school
employee,
24
the
identity
of
the
licensed
school
employee
the
person
making
25
the
report
believes
is
responsible
for
the
injury.
26
Sec.
4.
Section
256.9,
Code
2023,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
66.
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
any
individual
31
who
is
employed
by
the
board
of
directors
of
a
school
district,
32
the
authorities
in
charge
of
an
accredited
nonpublic
school,
33
or
the
governing
board
of
a
charter
school,
including
an
34
individual
with
a
license,
endorsement,
certification,
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authorization,
or
statement
of
recognition
issued
by
the
1
board
of
educational
examiners,
has
committed
a
felony
or,
2
in
the
case
of
an
individual
with
a
license,
endorsement,
3
certification,
authorization,
or
statement
of
recognition
4
issued
by
the
board
of
educational
examiners,
has
engaged
in
5
conduct
described
in
section
272.15,
subsection
1,
paragraph
6
“a”
,
subparagraph
(1),
subparagraph
divisions
(a)
through
(d).
7
b.
The
process
shall
prohibit
the
board
of
directors
of
a
8
school
district,
the
authorities
in
charge
of
an
accredited
9
nonpublic
school,
and
the
governing
board
of
a
charter
school
10
from
entering
into
any
of
the
following:
11
(1)
A
written
or
oral
agreement
that
prohibits
the
board
12
of
directors
of
the
school
district,
the
authorities
in
charge
13
of
an
accredited
nonpublic
school,
the
governing
board
of
14
a
charter
school,
an
employee
of
the
school
district,
the
15
accredited
nonpublic
school,
or
the
charter
school,
or
a
16
contractor
of
the
school
district,
the
accredited
nonpublic
17
school,
or
the
charter
school
from
discussing
an
incident,
past
18
performance
or
actions,
past
allegations
leading
to
discipline
19
or
adverse
employment
action,
or
employee
resignation
with
any
20
governmental
agent,
governmental
officer,
or
any
potential
21
employer.
22
(2)
A
written
or
oral
agreement
that
waives
the
liability
23
of
an
individual
with
a
license,
endorsement,
certification,
24
authorization,
or
statement
of
recognition
issued
by
the
25
board
of
educational
examiners
related
to
or
arising
from
an
26
incident,
past
performance
or
action,
or
past
allegations
of
27
wrongdoing.
28
c.
The
process
shall
require
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
to
finalize
the
investigation
of
the
incident
even
if
the
32
employee
resigns
or
the
employee’s
contract
is
terminated
33
during
the
investigation.
The
board
of
directors
of
a
school
34
district,
the
authorities
in
charge
of
an
accredited
nonpublic
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school,
or
the
governing
board
of
a
charter
school,
as
1
applicable,
shall
provide
the
board
of
educational
examiners
2
with
the
results
of
the
investigation
if
the
employee
who
3
was
investigated
has
a
license,
endorsement,
certification,
4
authorization,
or
statement
of
recognition
issued
by
the
board
5
of
educational
examiners.
6
d.
The
process
shall
require
the
board
of
directors
of
a
7
school
district,
the
authorities
in
charge
of
an
accredited
8
nonpublic
school,
and
the
governing
board
of
a
charter
school
9
to
take
all
of
the
following
actions
with
respect
to
employees
10
who
do
not
hold
a
license,
endorsement,
certification,
11
authorization,
or
statement
of
recognition
issued
by
the
board
12
of
educational
examiners:
13
(1)
Collect
and
retain
all
complaints
and
reports
related
to
14
incidents
reported
under
this
subsection
that
are
associated
15
with
the
employee
and
that
relate
to
the
health
and
safety
of
16
students.
17
(2)
Notify
the
school
district,
accredited
nonpublic
18
school,
or
charter
school
that
employs,
or
is
seeking
to
19
employ,
the
employee
of
the
existence
and
nature
of
the
20
complaints
and
reports
related
to
incidents
reported
under
21
this
subsection
that
are
associated
with
the
employee
and
that
22
relate
to
the
health
and
safety
of
students
if
contacted
by
23
the
school
district,
accredited
nonpublic
school,
or
charter
24
school.
This
subparagraph
shall
not
be
construed
to
require
25
the
board
of
directors
of
a
school
district,
the
authorities
26
in
charge
of
an
accredited
nonpublic
school,
or
the
governing
27
board
of
a
charter
school
to
disclose
unfounded,
closed
28
investigations.
29
e.
The
board
of
directors
of
a
school
district,
the
30
authorities
in
charge
of
an
accredited
nonpublic
school,
or
31
the
governing
board
of
a
charter
school,
and
contractors
of
32
the
school
district,
the
accredited
nonpublic
school,
or
the
33
charter
school
shall
be
immune
from
any
civil
liability
arising
34
from
discussing
an
incident,
past
performance
or
actions,
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past
allegations
leading
to
discipline
or
adverse
employment
1
action,
or
employee
resignation
with
any
governmental
agent,
2
governmental
officer,
or
any
potential
employer.
3
f.
If
the
board
of
educational
examiners
finds
that
the
4
board
of
directors
of
a
school
district,
the
authorities
in
5
charge
of
an
accredited
nonpublic
school,
or
the
governing
6
board
of
a
charter
school
has
intentionally
failed
to
follow
7
the
process
established
by
this
subsection
regarding
an
8
incident,
or
the
reporting
requirements
established
pursuant
9
to
section
272.15,
related
to
an
employee
who
holds
a
license,
10
endorsement,
certification,
authorization,
or
statement
of
11
recognition
issued
by
the
board
of
educational
examiners,
the
12
board
of
educational
examiners
shall
assess
a
fine
against
13
an
administrator
of
the
school
district,
the
accredited
14
nonpublic
school,
or
the
charter
school
who
intentionally
15
failed
to
ensure
compliance
with
the
process
of
not
less
than
16
five
hundred
dollars
and
not
more
than
five
thousand
dollars.
17
Payments
of
the
fine
provided
in
this
paragraph
shall
be
18
remitted
to
the
treasurer
of
the
state
for
deposit
in
the
19
general
fund
of
the
state.
20
g.
If
the
department
finds
that
the
board
of
directors
of
21
a
school
district,
the
authorities
in
charge
of
an
accredited
22
nonpublic
school,
or
the
governing
board
of
a
charter
school
23
has
intentionally
failed
to
follow
the
process
established
by
24
this
subsection
regarding
an
incident
related
to
an
employee
25
who
does
not
hold
a
license,
endorsement,
certification,
26
authorization,
or
statement
of
recognition
issued
by
the
board
27
of
educational
examiners,
the
department
shall
assess
a
fine
28
against
an
administrator
of
the
school
district,
the
accredited
29
nonpublic
school,
or
the
charter
school
who
intentionally
30
failed
to
ensure
compliance
with
the
process
of
not
less
than
31
five
hundred
dollars
and
not
more
than
five
thousand
dollars.
32
Payments
of
the
fine
provided
in
this
paragraph
shall
be
33
remitted
to
the
treasurer
of
the
state
for
deposit
in
the
34
general
fund
of
the
state.
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h.
If
the
board
of
educational
examiners
finds
that
the
1
board
of
directors
of
a
school
district,
the
authorities
in
2
charge
of
an
accredited
nonpublic
school,
or
the
governing
3
board
of
a
charter
school
has
intentionally
concealed,
or
4
attempted
to
conceal
from
any
governmental
agent,
governmental
5
officer,
or
potential
employer
a
founded
incident,
or
any
6
conduct
required
to
be
reported
pursuant
to
section
272.15,
7
related
to
an
employee
who
holds
a
license,
endorsement,
8
certification,
authorization,
or
statement
of
recognition
9
issued
by
the
board
of
educational
examiners,
the
board
10
of
educational
examiners
shall
assess
a
fine
against
an
11
administrator
of
the
school
district,
the
accredited
nonpublic
12
school,
or
the
charter
school
who
intentionally
assisted
in
the
13
concealment,
or
attempted
concealment,
of
an
incident,
or
any
14
conduct
required
to
be
reported
pursuant
to
section
272.15,
15
of
not
more
than
ten
thousand
dollars.
Payments
of
the
fine
16
provided
in
this
paragraph
shall
be
remitted
to
the
treasurer
17
of
the
state
for
deposit
in
the
general
fund
of
the
state.
18
i.
If
the
department
finds
that
the
board
of
directors
of
19
a
school
district,
the
authorities
in
charge
of
an
accredited
20
nonpublic
school,
or
the
governing
board
of
a
charter
school
21
has
intentionally
concealed,
or
attempted
to
conceal
from
22
any
governmental
agent,
governmental
officer,
or
potential
23
employer
a
founded
incident
related
to
an
employee
who
does
24
not
hold
a
license,
endorsement,
certification,
authorization,
25
or
statement
of
recognition
issued
by
the
board
of
educational
26
examiners,
the
department
shall
assess
a
fine
against
an
27
administrator
of
the
school
district,
the
accredited
nonpublic
28
school,
or
the
charter
school
who
intentionally
assisted
in
the
29
concealment,
or
attempted
concealment,
of
an
incident
of
not
30
more
than
ten
thousand
dollars.
Payments
of
the
fine
provided
31
in
this
paragraph
shall
be
remitted
to
the
treasurer
of
the
32
state
for
deposit
in
the
general
fund
of
the
state.
33
Sec.
5.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
34
by
adding
the
following
new
paragraphs:
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NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
the
1
requirements
of
section
280.33
relating
to
the
reporting
and
2
investigation
of
an
incident
involving
the
possible
commission
3
of
a
felony
by
any
person
who
has
been
issued
a
license,
4
endorsement,
certification,
authorization,
or
statement
of
5
recognition
by
the
board
of
educational
examiners
in
the
same
6
manner
as
a
school
district.
7
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
the
8
requirements
of
section
280.34
relating
to
the
requirement
9
to
view
the
board
of
educational
examiners’
public
license
10
information
prior
to
hiring
an
individual
who
has
been
issued
11
a
license,
endorsement,
certification,
authorization,
or
12
statement
of
recognition
by
the
board
of
educational
examiners
13
in
the
same
manner
as
a
school
district.
14
Sec.
6.
Section
272.2,
subsection
14,
paragraph
b,
15
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
16
to
read
as
follows:
17
The
person
entered
a
plea
of
guilty
to,
or
has
been
found
18
guilty
of,
or
the
board
has
found
by
a
preponderance
of
the
19
evidence
that
the
person
committed,
any
of
the
following
20
offenses,
whether
or
not
a
sentence
is
imposed:
21
Sec.
7.
Section
272.2,
subsection
15,
Code
2023,
is
amended
22
to
read
as
follows:
23
15.
a.
Adopt
rules
that
require
specificity
in
written
24
complaints
that
are
filed
by
individuals
who
have
personal
25
knowledge
of
an
alleged
violation
and
which
are
accepted
by
26
the
board,
provide
that
the
jurisdictional
requirements
as
set
27
by
the
board
in
administrative
rule
are
met
on
the
face
of
the
28
complaint
before
initiating
an
investigation
of
allegations,
29
provide
that
any
investigation
be
limited
to
the
allegations
30
contained
on
the
face
of
the
complaint,
provide
for
an
adequate
31
interval
between
the
receipt
of
a
complaint
and
public
notice
32
of
the
complaint,
permit
parties
to
a
complaint
to
mutually
33
agree
to
a
resolution
of
the
complaint
filed
with
the
board,
34
allow
the
respondent
the
right
to
review
any
investigative
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report
upon
a
finding
of
probable
cause
for
further
action
by
1
the
board,
require
that
the
conduct
providing
the
basis
for
2
the
complaint
occurred
within
three
years
of
discovery
of
the
3
event
by
the
complainant
unless
good
cause
can
be
shown
for
4
an
extension
of
this
limitation,
and
require
complaints
to
be
5
resolved
within
one
hundred
eighty
days
unless
good
cause
can
6
be
shown
for
an
extension
of
this
limitation
,
and
require
the
7
board
to
finalize
the
investigation
of
the
written
complaint
8
even
if
the
licensed
practitioner
resigns
or
surrenders
the
9
licensed
practitioner’s
license,
certificate,
authorization,
or
10
statement
of
recognition
during
the
investigation
.
11
b.
Adopt
rules
that
require
the
collection
and
retention
of
12
written
complaints
that
are
filed.
If
the
board
determines
a
13
written
complaint
is
not
founded,
the
complaint
and
all
records
14
related
to
the
complaint
shall
be
kept
confidential
and
are
not
15
subject
to
chapter
22.
16
c.
Adopt
rules
that
require
the
board
to
notify
the
public
17
when
a
licensed
practitioner
who
is
the
subject
of
an
ongoing
18
investigation
initiated
under
paragraph
“a”
has
a
case
pending
19
with
a
finding
of
probable
cause.
This
paragraph
shall
not
be
20
construed
to
require
the
board
to
disclose
unfounded,
closed
21
investigations
initiated
under
paragraph
“a”
.
22
d.
Adopt
rules
that
require
the
evaluation
of
complaints
23
that
did
not
result
in
any
discipline
or
sanction
if
similar
24
complaints
are
filed
against
the
same
licensed
practitioner.
25
e.
Adopt
rules
that
require
the
board
to
investigate
an
26
administrator
who
is
employed
by
the
school
that
employs
a
27
licensed
practitioner
who
is
the
subject
of
an
investigation
28
initiated
under
paragraph
“a”
.
The
rules
shall
require
29
the
board
to
investigate
whether
the
administrator
filed
a
30
written
complaint
pursuant
to
this
subsection
and
whether
the
31
administrator
was
required
to
report
to
the
board
pursuant
to
32
section
272.15.
33
Sec.
8.
Section
272.3,
Code
2023,
is
amended
by
striking
the
34
section
and
inserting
in
lieu
thereof
the
following:
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272.3
Membership.
1
1.
The
board
of
educational
examiners
shall
consist
of
2
eleven
members,
subject
to
the
following
requirements:
3
a.
Five
members
shall
be
the
parent
or
guardian
of
a
student
4
who
is
either
currently
enrolled
or
has
been
enrolled
within
5
the
seven
years
immediately
prior
to
the
member’s
appointment
6
in
a
school
district,
nonpublic
school,
or
charter
school
7
located
in
this
state
and
shall
not
currently
hold
any
elective
8
office,
shall
not
be
an
employee
or
contractor
of
a
school
9
district,
nonpublic
school,
or
charter
school,
and
shall
not
10
have
been
an
employee
or
contractor
of
a
school
district,
11
nonpublic
school,
or
charter
school
within
the
ten
years
12
immediately
prior
to
the
member’s
appointment.
13
b.
Five
members
shall
be
licensed
practitioners.
One
of
14
the
members
appointed
pursuant
to
this
paragraph
shall
be
an
15
administrator
and
one
shall
be
a
special
education
teacher.
16
c.
One
member
shall
be
a
member
of
the
board
of
directors
of
17
a
school
district.
18
2.
The
membership
of
the
board
shall
comply
with
the
19
requirements
of
sections
69.16
and
69.16A.
A
quorum
of
the
20
board
shall
consist
of
six
members.
Members
shall
elect
a
21
chairperson
of
the
board.
Members
shall
be
appointed
by
the
22
governor
subject
to
confirmation
by
the
senate.
23
Sec.
9.
Section
272.4,
subsection
1,
Code
2023,
is
amended
24
to
read
as
follows:
25
1.
Members
,
except
for
the
director
of
the
department
of
26
education
or
the
director’s
designee,
shall
be
appointed
to
27
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
28
more
than
two
consecutive
terms
,
except
for
the
director
of
the
29
department
of
education
or
the
director’s
designee,
who
shall
30
serve
until
the
director’s
term
of
office
expires
.
A
member
of
31
the
board
,
except
for
the
two
public
members
and
the
director
32
of
the
department
of
education
or
the
director’s
designee,
who
33
is
a
licensed
practitioner
appointed
pursuant
to
section
272.3,
34
subsection
1,
paragraph
“b”
,
shall
hold
a
valid
practitioner’s
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license
during
the
member’s
term
of
office.
A
vacancy
exists
1
when
any
of
the
following
occur:
2
a.
A
nonpublic
member’s
license
The
license
of
a
licensed
3
practitioner
appointed
pursuant
to
section
272.3,
subsection
1,
4
paragraph
“b”
,
expires,
is
suspended,
or
is
revoked.
5
b.
A
nonpublic
member
licensed
practitioner
appointed
6
pursuant
to
section
272.3,
subsection
1,
paragraph
“b”
,
retires
7
or
terminates
employment
as
a
practitioner.
8
c.
A
member
dies,
resigns,
is
removed
from
office,
or
is
9
otherwise
physically
unable
to
perform
the
duties
of
office.
10
d.
A
member’s
term
of
office
expires.
11
Sec.
10.
NEW
SECTION
.
280.33
Incidents
related
to
licensed
12
practitioners
——
reporting
and
investigation.
13
The
board
of
directors
of
a
school
district
and
the
14
authorities
in
charge
of
each
accredited
nonpublic
school
shall
15
follow
the
process
created
by
the
department
of
education
16
pursuant
to
section
256.9,
subsection
66,
related
to
the
17
reporting
and
investigation
of
an
incident
involving
the
18
possible
commission
of
a
felony
by
any
employee
of
the
board
of
19
directors
of
the
school
district
or
the
authorities
in
charge
20
of
the
accredited
nonpublic
school.
21
Sec.
11.
NEW
SECTION
.
280.34
Requirement
to
view
public
22
license
information.
23
Prior
to
hiring
an
individual
who
has
been
issued
a
license,
24
endorsement,
certification,
authorization,
or
statement
of
25
recognition
by
the
board
of
educational
examiners,
a
school
26
district
or
an
accredited
nonpublic
school,
as
applicable,
27
shall
view
the
board
of
educational
examiners’
public
license
28
information
to
determine
if
the
individual
has
a
case
pending
29
with
a
finding
of
probable
cause
or
any
licensure
sanction.
30
This
section
shall
not
be
construed
to
require
the
board
31
of
educational
examiners
to
disclose
unfounded,
closed
32
investigations.
33
Sec.
12.
BOARD
OF
EDUCATIONAL
EXAMINERS
MEMBERSHIP
——
34
TRANSITION.
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1.
The
terms
of
office
associated
with
the
members
of
the
1
board
of
educational
examiners
shall,
as
of
the
effective
2
date
of
this
Act,
be
deemed
to
have
expired,
notwithstanding
3
the
terms
of
office
associated
with
the
members
under
section
4
272.3.
5
2.
For
the
members
of
the
board
of
educational
examiners
6
first
appointed
by
the
governor
on
or
after
the
effective
date
7
of
this
Act,
five
shall
serve
an
initial
term
of
two
years
8
and
six
shall
serve
an
initial
term
of
four
years.
When
the
9
governor
appoints
such
members,
the
governor
shall
indicate
10
whether
the
appointee’s
term
shall
be
for
two
years
or
for
four
11
years.
For
purposes
of
the
limitation
on
consecutive
terms
a
12
member
may
serve
under
section
272.4,
subsection
1,
a
term
of
13
two
years
shall
be
considered
a
full
term.
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