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House File 430 - IntroducedA Bill ForAn Act 1relating to education, including requirements related to
2mandatory reporters, a process for investigating complaints
3against school employees, and the responsibilities of the
4department of education, school districts, charter schools,
5accredited nonpublic schools, and the board of educational
6examiners.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.69, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The classes of persons enumerated in this subsection shall
4make a report within twenty-four hours and as provided in
5section 232.70, of cases of child abuse. In addition, the
6classes of persons enumerated in this subsection shall make a
7report of abuse of a child who is under twelve years of age and
8may make a report of abuse of a child who is twelve years of age
9or older, which would be defined as child abuse under section
10232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
11except that the abuse resulted from the acts or omissions of
12a person other than a person responsible for the care of the
13child.
14 Sec. 2. Section 232.69, subsection 1, paragraph b,
15subparagraph (4), Code 2023, is amended to read as follows:
16(4) A licensed school employee, certified para-educator,
17holder of a coaching authorization issued under section 272.31,
18 school employee who is eighteen years of age or older, or an
19instructor employed by a community college.
20 Sec. 3. Section 232.70, subsection 5, Code 2023, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. 0f. If the person making the report is a
23licensed school employee who reasonably believes the person
24responsible for the injury is also a licensed school employee,
25the identity of the licensed school employee the person making
26the report believes is responsible for the injury.
27 Sec. 4. Section 256.9, Code 2023, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 66. a. Develop and implement a process
30for the reporting and investigation of any incident that arises
31that may reasonably lead to the conclusion that any individual
32who is employed by the board of directors of a school district,
33the authorities in charge of an accredited nonpublic school,
34or the governing board of a charter school, including an
35individual with a license, endorsement, certification,
-1-1authorization, or statement of recognition issued by the
2board of educational examiners, has committed a felony or,
3in the case of an individual with a license, endorsement,
4certification, authorization, or statement of recognition
5issued by the board of educational examiners, has engaged in
6conduct described in section 272.15, subsection 1, paragraph
7“a”, subparagraph (1), subparagraph divisions (a) through (d).
8b. The process shall prohibit the board of directors of a
9school district, the authorities in charge of an accredited
10nonpublic school, and the governing board of a charter school
11from entering into any of the following:
12(1) A written or oral agreement that prohibits the board
13of directors of the school district, the authorities in charge
14of an accredited nonpublic school, the governing board of
15a charter school, an employee of the school district, the
16accredited nonpublic school, or the charter school, or a
17contractor of the school district, the accredited nonpublic
18school, or the charter school from discussing an incident, past
19performance or actions, past allegations leading to discipline
20or adverse employment action, or employee resignation with any
21governmental agent, governmental officer, or any potential
22employer.
23(2) A written or oral agreement that waives the liability
24of an individual with a license, endorsement, certification,
25authorization, or statement of recognition issued by the
26board of educational examiners related to or arising from an
27incident, past performance or action, or past allegations of
28wrongdoing.
29c. The process shall require the board of directors of a
30school district, the authorities in charge of an accredited
31nonpublic school, and the governing board of a charter school
32to finalize the investigation of the incident even if the
33employee resigns or the employee’s contract is terminated
34during the investigation.
35d. The process shall require the board of directors of a
-2-1school district, the authorities in charge of an accredited
2nonpublic school, and the governing board of a charter school
3to take all of the following actions with respect to employees
4who do not hold a license, endorsement, certification,
5authorization, or statement of recognition issued by the board
6of educational examiners:
7(1) Collect and retain all complaints and reports related to
8incidents reported under this subsection that are associated
9with the employee.
10(2) Notify the school district, accredited nonpublic
11school, or charter school that employs, or is seeking to
12employ, the employee of the existence and nature of the
13complaints and reports related to incidents reported under this
14subsection that are associated with the employee if contacted
15by the school district, accredited nonpublic school, or charter
16school. This subparagraph shall not be construed to require
17the board of directors of a school district, the authorities
18in charge of an accredited nonpublic school, or the governing
19board of a charter school to disclose unfounded, closed
20investigations.
21e. The board of directors of a school district, the
22authorities in charge of an accredited nonpublic school, or
23the governing board of a charter school, and contractors of
24the school district, the accredited nonpublic school, or the
25charter school shall be immune from any civil liability arising
26from discussing an incident, past performance or actions,
27past allegations leading to discipline or adverse employment
28action, or employee resignation with any governmental agent,
29governmental officer, or any potential employer.
30f. If the board of educational examiners finds that the
31board of directors of a school district, the authorities in
32charge of an accredited nonpublic school, or the governing
33board of a charter school has intentionally failed to follow
34the process established by this subsection regarding an
35incident, or the reporting requirements established pursuant
-3-1to section 272.15, related to an employee who holds a license,
2endorsement, certification, authorization, or statement of
3recognition issued by the board of educational examiners, the
4board of educational examiners shall assess a fine against an
5administrator of the school district, the accredited nonpublic
6school, or the charter school who failed to ensure compliance
7with the process of not less than five hundred dollars and not
8more than five thousand dollars. Payments of the fine provided
9in this paragraph shall be remitted to the treasurer of the
10state for deposit in the general fund of the state.
11g. If the department finds that the board of directors of
12a school district, the authorities in charge of an accredited
13nonpublic school, or the governing board of a charter school
14has intentionally failed to follow the process established by
15this subsection regarding an incident related to an employee
16who does not hold a license, endorsement, certification,
17authorization, or statement of recognition issued by the board
18of educational examiners, the department shall assess a fine
19against an administrator of the school district, the accredited
20nonpublic school, or the charter school who failed to ensure
21compliance with the process of not less than five hundred
22dollars and not more than five thousand dollars. Payments of
23the fine provided in this paragraph shall be remitted to the
24treasurer of the state for deposit in the general fund of the
25state.
26h. If the board of educational examiners finds that the
27board of directors of a school district, the authorities in
28charge of an accredited nonpublic school, or the governing
29board of a charter school has intentionally concealed, or
30attempted to conceal from any governmental agent, governmental
31officer, or potential employer a founded incident, or any
32conduct required to be reported pursuant to section 272.15,
33related to an employee who holds a license, endorsement,
34certification, authorization, or statement of recognition
35issued by the board of educational examiners, the board
-4-1of educational examiners shall assess a fine against an
2administrator of the school district, the accredited nonpublic
3school, or the charter school who assisted in the concealment,
4or attempted concealment, of an incident, or any conduct
5required to be reported pursuant to section 272.15, of not more
6than ten thousand dollars. Payments of the fine provided in
7this paragraph shall be remitted to the treasurer of the state
8for deposit in the general fund of the state.
9i. If the department finds that the board of directors of
10a school district, the authorities in charge of an accredited
11nonpublic school, or the governing board of a charter school
12has intentionally concealed, or attempted to conceal from
13any governmental agent, governmental officer, or potential
14employer a founded incident related to an employee who does
15not hold a license, endorsement, certification, authorization,
16or statement of recognition issued by the board of educational
17examiners, the department shall assess a fine against an
18administrator of the school district, the accredited nonpublic
19school, or the charter school who assisted in the concealment,
20or attempted concealment, of an incident of not more than
21ten thousand dollars. Payments of the fine provided in this
22paragraph shall be remitted to the treasurer of the state for
23deposit in the general fund of the state.
24 Sec. 5. Section 256E.7, subsection 2, Code 2023, is amended
25by adding the following new paragraphs:
26 NEW PARAGRAPH. 0j. Be subject to and comply with the
27requirements of section 280.33 relating to the reporting and
28investigation of an incident involving the possible commission
29of a felony by any person who has been issued a license,
30endorsement, certification, authorization, or statement of
31recognition by the board of educational examiners in the same
32manner as a school district.
33 NEW PARAGRAPH. 00j. Be subject to and comply with the
34requirements of section 280.34 relating to the requirement
35to view the board of educational examiners’ public license
-5-1information prior to hiring an individual who has been issued
2a license, endorsement, certification, authorization, or
3statement of recognition by the board of educational examiners
4in the same manner as a school district.
5 Sec. 6. Section 272.2, subsection 14, paragraph b,
6subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
7to read as follows:
8The person entered a plea of guilty to, or has been found
9guilty of, or the board has found by a preponderance of the
10evidence that the person committed, any of the following
11offenses, whether or not a sentence is imposed:
12 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
13to read as follows:
1415. a. Adopt rules that require specificity in written
15complaints that are filed by individuals who have personal
16knowledge of an alleged violation and which are accepted by
17the board, provide that the jurisdictional requirements as set
18by the board in administrative rule are met on the face of the
19complaint before initiating an investigation of allegations,
20provide that any investigation be limited to the allegations
21contained on the face of the complaint, provide for an adequate
22interval between the receipt of a complaint and public notice
23of the complaint, permit parties to a complaint to mutually
24agree to a resolution of the complaint filed with the board,
25allow the respondent the right to review any investigative
26report upon a finding of probable cause for further action by
27the board, require that the conduct providing the basis for
28the complaint occurred within three years of discovery of the
29event by the complainant unless good cause can be shown for
30an extension of this limitation, and require complaints to be
31resolved within one hundred eighty days unless good cause can
32be shown for an extension of this limitation, and require the
33board to finalize the investigation of the written complaint
34even if the licensed practitioner resigns or surrenders the
35licensed practitioner’s license, certificate, authorization, or
-6-1statement of recognition during the investigation.
2b. Adopt rules that require the collection and retention of
3written complaints that are filed. If the board determines a
4written complaint is not founded, the complaint and all records
5related to the complaint shall be kept confidential and are not
6subject to chapter 22.
7c. Adopt rules that require the board to notify the public
8when a licensed practitioner who is the subject of an ongoing
9investigation initiated under paragraph “a” has a case pending
10with a finding of probable cause. This paragraph shall not be
11construed to require the board to disclose unfounded, closed
12investigations initiated under paragraph “a”.
13d. Adopt rules that require the evaluation of complaints
14that did not result in any discipline or sanction if similar
15complaints are filed against the same licensed practitioner.
16e. Adopt rules that require the board to investigate an
17administrator who is employed by the school that employs a
18licensed practitioner who is the subject of an investigation
19initiated under paragraph “a”. The rules shall require
20the board to investigate whether the administrator filed a
21written complaint pursuant to this subsection and whether the
22administrator was required to report to the board pursuant to
23section 272.15.
24 Sec. 8. Section 272.3, Code 2023, is amended by striking the
25section and inserting in lieu thereof the following:
26272.3 Membership.
271. The board of educational examiners shall consist of
28eleven members, subject to the following requirements:
29a. Six members shall be the parent or guardian of a student
30who is either currently enrolled or has been enrolled within
31the seven years immediately prior to the member’s appointment
32in a school district, nonpublic school, or charter school
33located in this state and shall not currently hold any elective
34office, shall not be an employee or contractor of a school
35district, nonpublic school, or charter school, and shall not
-7-1have been an employee or contractor of a school district,
2nonpublic school, or charter school within the ten years
3immediately prior to the member’s appointment.
4b. Five members shall be licensed practitioners. One of
5the members appointed pursuant to this paragraph shall be an
6administrator and one shall be a special education teacher.
72. The membership of the board shall comply with the
8requirements of sections 69.16 and 69.16A. A quorum of the
9board shall consist of six members. Members shall elect a
10chairperson of the board. Members shall be appointed by the
11governor subject to confirmation by the senate.
12 Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
13to read as follows:
141. Members, except for the director of the department of
15education or the director’s designee, shall be appointed to
16serve staggered terms of four years. A member shall not serve
17more than two consecutive terms, except for the director of the
18department of education or the director’s designee, who shall
19serve until the director’s term of office expires. A member of
20the board, except for the two public members and the director
21of the department of education or the director’s designee, who
22is a licensed practitioner appointed pursuant to section 272.3,
23subsection 1, paragraph “b”, shall hold a valid practitioner’s
24license during the member’s term of office. A vacancy exists
25when any of the following occur:
26a. A nonpublic member’s license The license of a licensed
27practitioner appointed pursuant to section 272.3, subsection 1,
28paragraph “b”, expires, is suspended, or is revoked.
29b. A nonpublic member licensed practitioner appointed
30pursuant to section 272.3, subsection 1, paragraph “b”, retires
31or terminates employment as a practitioner.
32c. A member dies, resigns, is removed from office, or is
33otherwise physically unable to perform the duties of office.
34d. A member’s term of office expires.
35 Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
-8-1practitioners — reporting and investigation.
2The board of directors of a school district and the
3authorities in charge of each accredited nonpublic school shall
4follow the process created by the department of education
5pursuant to section 256.9, subsection 66, related to the
6reporting and investigation of an incident involving the
7possible commission of a felony by any employee of the board of
8directors of the school district or the authorities in charge
9of the accredited nonpublic school.
10 Sec. 11. NEW SECTION. 280.34 Requirement to view public
11license information.
12Prior to hiring an individual who has been issued a license,
13endorsement, certification, authorization, or statement of
14recognition by the board of educational examiners, a school
15district or an accredited nonpublic school, as applicable,
16shall view the board of educational examiners’ public license
17information to determine if the individual has a case pending
18with a finding of probable cause or any licensure sanction.
19This section shall not be construed to require the board
20of educational examiners to disclose unfounded, closed
21investigations.
22 Sec. 12. BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —
23TRANSITION.
241. The terms of office associated with the members of the
25board of educational examiners shall, as of the effective
26date of this Act, be deemed to have expired, notwithstanding
27the terms of office associated with the members under section
28272.3.
292. For the members of the board of educational examiners
30first appointed by the governor on or after the effective date
31of this Act, five shall serve an initial term of two years
32and six shall serve an initial term of four years. When the
33governor appoints such members, the governor shall indicate
34whether the appointee’s term shall be for two years or for four
35years. For purposes of the limitation on consecutive terms a
-9-1member may serve under section 272.4, subsection 1, a term of
2two years shall be considered a full term.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to education, including requirements
7related to mandatory reporters, a process for investigating
8complaints against school employees, and the responsibilities
9of the department of education (DE), school districts, charter
10schools, accredited nonpublic schools, and the board of
11educational examiners (BOEE).
12Current Code section 232.69 (mandatory and permissive
13reporters) requires certain persons to report cases of abuse
14of a child who is under 12 years of age and authorizes those
15persons to make a report of abuse of a child who is 12 years
16of age or older. The bill requires the persons governed by
17Code section 232.69 to make a report of the abuse of a child,
18regardless of whether the child is 12 years of age or older.
19Additionally, the bill requires school employees who are 18
20years of age or older to report cases of abuse of children. The
21bill also requires that if a person making a report of abuse of
22children is a licensed school employee who reasonably believes
23the person responsible for the injury is also a licensed school
24employee, the person making the report shall identify the
25licensed school employee when making the report.
26The bill requires the director of the DE to develop and
27implement a process for the reporting and investigation of
28any incident that arises which may reasonably lead to the
29conclusion that any individual who is employed by the board
30of directors of a school district, the authorities in charge
31of an accredited nonpublic school, or the governing board of
32a charter school, including an individual with a license,
33endorsement, certification, authorization, or statement of
34recognition issued by the BOEE, has committed a felony or
35engaged in certain specified conduct. The bill requires the
-10-1boards of directors of school districts, the authorities in
2charge of accredited nonpublic schools, and charter schools
3to follow this process. The bill provides that the process
4shall prohibit the board, the authorities in charge of an
5accredited nonpublic school, and charter schools from entering
6into certain specified agreements related to certain incidents.
7The bill also provides that the process shall require the
8board, the authorities in charge of an accredited nonpublic
9school, and charter schools to finalize the investigation of
10an incident even if the employee resigns or the employee’s
11contract is terminated and to take certain specified
12actions with respect to employees who do not hold a license,
13endorsement, certification, authorization, or statement of
14recognition issued by the BOEE, including actions related to
15retaining complaints and notifying potential employers of
16complaints and reports. The bill immunizes the board, the
17authorities in charge of an accredited nonpublic school, and
18charter schools, and the board’s, the accredited nonpublic
19school’s, or the charter school’s contractors against any civil
20liability arising from discussing an incident, past performance
21or actions, past allegations leading to discipline, or
22resignation with certain specified persons. The bill requires
23the BOEE to assess a civil penalty of not less than $500 and
24not more than $5,000 against the administrator of a school
25district, an accredited nonpublic school, or a charter school
26if the administrator fails to follow the process relating
27to incidents, and a civil penalty not to exceed $10,000 if
28the administrator assists in the concealment, or attempted
29concealment, of an incident or certain conduct that is required
30to be reported.
31Current law requires the BOEE to adopt rules that require
32the disqualification of an applicant for licensure, or the
33revocation of a license, if the person entered a plea of
34guilty to, or has been found guilty of, certain specified
35offenses. The bill modifies this provision to also require
-11-1the disqualification of an applicant for licensure, or
2the revocation of a license, if the BOEE has found by a
3preponderance of the evidence that the person committed certain
4specified offenses.
5Current law requires the BOEE to adopt rules related to
6complaints that are filed by individuals who have personal
7knowledge of an alleged violation and the investigation of
8those complaints. The bill requires the BOEE to finalize
9the investigation of these complaints even if the licensed
10practitioner resigns or surrenders the licensed practitioner’s
11license, certificate, authorization, or statement of
12recognition during the investigation. The bill requires the
13BOEE to adopt rules that require the collection and retention
14of those complaints and the evaluation of complaints that did
15not result in any discipline if similar complaints are filed
16against the licensed practitioner. The bill requires the BOEE
17to notify the public when a licensed practitioner who is the
18subject of an ongoing investigation has a case pending with a
19finding of probable cause. Additionally, the bill requires
20the BOEE to investigate an administrator employed by a school
21that employs a licensed practitioner who is the subject of an
22investigation to determine whether the administrator filed a
23written complaint against the licensed practitioner and to
24determine whether the administrator was required to report the
25licensed practitioner to the BOEE.
26The bill modifies the membership of the BOEE. The bill
27establishes that the BOEE shall consist of 11 members. Six
28of the members shall be the parent or guardian of a student
29who is either currently enrolled or has been enrolled within
30the seven years immediately preceding the member’s appointment
31in a school district, accredited nonpublic school, or charter
32school. Five of the members shall be licensed practitioners,
33including one administrator and one special education teacher.
34The bill makes conforming changes.
35The bill provides that the terms of office of the current
-12-1members of the BOEE shall, as of the effective date of the
2bill, be deemed to have expired. Additionally, the bill
3provides that five of the members of the BOEE first appointed
4by the governor on or after the effective date of the bill
5shall serve an initial term of two years, and six of the
6members shall serve an initial term of four years. The bill
7requires the governor to indicate whether the appointee’s term
8shall be for two years or for four years.
9The bill requires school districts, accredited nonpublic
10schools, and charter schools, prior to hiring an individual
11with a license, endorsement, certification, authorization,
12or statement of recognition issued by the BOEE, to contact
13the BOEE to determine if the individual is the subject of
14an ongoing investigation, if a complaint or report has been
15filed against the individual, or if the individual surrendered
16a license, endorsement, certification, authorization, or
17statement of recognition prior to final disposition of an
18investigation.
-13-jda/jh
2mandatory reporters, a process for investigating complaints
3against school employees, and the responsibilities of the
4department of education, school districts, charter schools,
5accredited nonpublic schools, and the board of educational
6examiners.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.69, subsection 1, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
3The classes of persons enumerated in this subsection shall
4make a report within twenty-four hours and as provided in
5section 232.70, of cases of child abuse. In addition, the
6classes of persons enumerated in this subsection shall make a
7report of abuse of a child who is under twelve years of age and
8may make a report of abuse of a child who is twelve years of age
9or older, which would be defined as child abuse under section
10232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
11except that the abuse resulted from the acts or omissions of
12a person other than a person responsible for the care of the
13child.
14 Sec. 2. Section 232.69, subsection 1, paragraph b,
15subparagraph (4), Code 2023, is amended to read as follows:
16(4) A licensed school employee, certified para-educator,
17holder of a coaching authorization issued under section 272.31,
18 school employee who is eighteen years of age or older, or an
19instructor employed by a community college.
20 Sec. 3. Section 232.70, subsection 5, Code 2023, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. 0f. If the person making the report is a
23licensed school employee who reasonably believes the person
24responsible for the injury is also a licensed school employee,
25the identity of the licensed school employee the person making
26the report believes is responsible for the injury.
27 Sec. 4. Section 256.9, Code 2023, is amended by adding the
28following new subsection:
29 NEW SUBSECTION. 66. a. Develop and implement a process
30for the reporting and investigation of any incident that arises
31that may reasonably lead to the conclusion that any individual
32who is employed by the board of directors of a school district,
33the authorities in charge of an accredited nonpublic school,
34or the governing board of a charter school, including an
35individual with a license, endorsement, certification,
-1-1authorization, or statement of recognition issued by the
2board of educational examiners, has committed a felony or,
3in the case of an individual with a license, endorsement,
4certification, authorization, or statement of recognition
5issued by the board of educational examiners, has engaged in
6conduct described in section 272.15, subsection 1, paragraph
7“a”, subparagraph (1), subparagraph divisions (a) through (d).
8b. The process shall prohibit the board of directors of a
9school district, the authorities in charge of an accredited
10nonpublic school, and the governing board of a charter school
11from entering into any of the following:
12(1) A written or oral agreement that prohibits the board
13of directors of the school district, the authorities in charge
14of an accredited nonpublic school, the governing board of
15a charter school, an employee of the school district, the
16accredited nonpublic school, or the charter school, or a
17contractor of the school district, the accredited nonpublic
18school, or the charter school from discussing an incident, past
19performance or actions, past allegations leading to discipline
20or adverse employment action, or employee resignation with any
21governmental agent, governmental officer, or any potential
22employer.
23(2) A written or oral agreement that waives the liability
24of an individual with a license, endorsement, certification,
25authorization, or statement of recognition issued by the
26board of educational examiners related to or arising from an
27incident, past performance or action, or past allegations of
28wrongdoing.
29c. The process shall require the board of directors of a
30school district, the authorities in charge of an accredited
31nonpublic school, and the governing board of a charter school
32to finalize the investigation of the incident even if the
33employee resigns or the employee’s contract is terminated
34during the investigation.
35d. The process shall require the board of directors of a
-2-1school district, the authorities in charge of an accredited
2nonpublic school, and the governing board of a charter school
3to take all of the following actions with respect to employees
4who do not hold a license, endorsement, certification,
5authorization, or statement of recognition issued by the board
6of educational examiners:
7(1) Collect and retain all complaints and reports related to
8incidents reported under this subsection that are associated
9with the employee.
10(2) Notify the school district, accredited nonpublic
11school, or charter school that employs, or is seeking to
12employ, the employee of the existence and nature of the
13complaints and reports related to incidents reported under this
14subsection that are associated with the employee if contacted
15by the school district, accredited nonpublic school, or charter
16school. This subparagraph shall not be construed to require
17the board of directors of a school district, the authorities
18in charge of an accredited nonpublic school, or the governing
19board of a charter school to disclose unfounded, closed
20investigations.
21e. The board of directors of a school district, the
22authorities in charge of an accredited nonpublic school, or
23the governing board of a charter school, and contractors of
24the school district, the accredited nonpublic school, or the
25charter school shall be immune from any civil liability arising
26from discussing an incident, past performance or actions,
27past allegations leading to discipline or adverse employment
28action, or employee resignation with any governmental agent,
29governmental officer, or any potential employer.
30f. If the board of educational examiners finds that the
31board of directors of a school district, the authorities in
32charge of an accredited nonpublic school, or the governing
33board of a charter school has intentionally failed to follow
34the process established by this subsection regarding an
35incident, or the reporting requirements established pursuant
-3-1to section 272.15, related to an employee who holds a license,
2endorsement, certification, authorization, or statement of
3recognition issued by the board of educational examiners, the
4board of educational examiners shall assess a fine against an
5administrator of the school district, the accredited nonpublic
6school, or the charter school who failed to ensure compliance
7with the process of not less than five hundred dollars and not
8more than five thousand dollars. Payments of the fine provided
9in this paragraph shall be remitted to the treasurer of the
10state for deposit in the general fund of the state.
11g. If the department finds that the board of directors of
12a school district, the authorities in charge of an accredited
13nonpublic school, or the governing board of a charter school
14has intentionally failed to follow the process established by
15this subsection regarding an incident related to an employee
16who does not hold a license, endorsement, certification,
17authorization, or statement of recognition issued by the board
18of educational examiners, the department shall assess a fine
19against an administrator of the school district, the accredited
20nonpublic school, or the charter school who failed to ensure
21compliance with the process of not less than five hundred
22dollars and not more than five thousand dollars. Payments of
23the fine provided in this paragraph shall be remitted to the
24treasurer of the state for deposit in the general fund of the
25state.
26h. If the board of educational examiners finds that the
27board of directors of a school district, the authorities in
28charge of an accredited nonpublic school, or the governing
29board of a charter school has intentionally concealed, or
30attempted to conceal from any governmental agent, governmental
31officer, or potential employer a founded incident, or any
32conduct required to be reported pursuant to section 272.15,
33related to an employee who holds a license, endorsement,
34certification, authorization, or statement of recognition
35issued by the board of educational examiners, the board
-4-1of educational examiners shall assess a fine against an
2administrator of the school district, the accredited nonpublic
3school, or the charter school who assisted in the concealment,
4or attempted concealment, of an incident, or any conduct
5required to be reported pursuant to section 272.15, of not more
6than ten thousand dollars. Payments of the fine provided in
7this paragraph shall be remitted to the treasurer of the state
8for deposit in the general fund of the state.
9i. If the department finds that the board of directors of
10a school district, the authorities in charge of an accredited
11nonpublic school, or the governing board of a charter school
12has intentionally concealed, or attempted to conceal from
13any governmental agent, governmental officer, or potential
14employer a founded incident related to an employee who does
15not hold a license, endorsement, certification, authorization,
16or statement of recognition issued by the board of educational
17examiners, the department shall assess a fine against an
18administrator of the school district, the accredited nonpublic
19school, or the charter school who assisted in the concealment,
20or attempted concealment, of an incident of not more than
21ten thousand dollars. Payments of the fine provided in this
22paragraph shall be remitted to the treasurer of the state for
23deposit in the general fund of the state.
24 Sec. 5. Section 256E.7, subsection 2, Code 2023, is amended
25by adding the following new paragraphs:
26 NEW PARAGRAPH. 0j. Be subject to and comply with the
27requirements of section 280.33 relating to the reporting and
28investigation of an incident involving the possible commission
29of a felony by any person who has been issued a license,
30endorsement, certification, authorization, or statement of
31recognition by the board of educational examiners in the same
32manner as a school district.
33 NEW PARAGRAPH. 00j. Be subject to and comply with the
34requirements of section 280.34 relating to the requirement
35to view the board of educational examiners’ public license
-5-1information prior to hiring an individual who has been issued
2a license, endorsement, certification, authorization, or
3statement of recognition by the board of educational examiners
4in the same manner as a school district.
5 Sec. 6. Section 272.2, subsection 14, paragraph b,
6subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
7to read as follows:
8The person entered a plea of guilty to, or has been found
9guilty of, or the board has found by a preponderance of the
10evidence that the person committed, any of the following
11offenses, whether or not a sentence is imposed:
12 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
13to read as follows:
1415. a. Adopt rules that require specificity in written
15complaints that are filed by individuals who have personal
16knowledge of an alleged violation and which are accepted by
17the board, provide that the jurisdictional requirements as set
18by the board in administrative rule are met on the face of the
19complaint before initiating an investigation of allegations,
20provide that any investigation be limited to the allegations
21contained on the face of the complaint, provide for an adequate
22interval between the receipt of a complaint and public notice
23of the complaint, permit parties to a complaint to mutually
24agree to a resolution of the complaint filed with the board,
25allow the respondent the right to review any investigative
26report upon a finding of probable cause for further action by
27the board, require that the conduct providing the basis for
28the complaint occurred within three years of discovery of the
29event by the complainant unless good cause can be shown for
30an extension of this limitation, and require complaints to be
31resolved within one hundred eighty days unless good cause can
32be shown for an extension of this limitation, and require the
33board to finalize the investigation of the written complaint
34even if the licensed practitioner resigns or surrenders the
35licensed practitioner’s license, certificate, authorization, or
-6-1statement of recognition during the investigation.
2b. Adopt rules that require the collection and retention of
3written complaints that are filed. If the board determines a
4written complaint is not founded, the complaint and all records
5related to the complaint shall be kept confidential and are not
6subject to chapter 22.
7c. Adopt rules that require the board to notify the public
8when a licensed practitioner who is the subject of an ongoing
9investigation initiated under paragraph “a” has a case pending
10with a finding of probable cause. This paragraph shall not be
11construed to require the board to disclose unfounded, closed
12investigations initiated under paragraph “a”.
13d. Adopt rules that require the evaluation of complaints
14that did not result in any discipline or sanction if similar
15complaints are filed against the same licensed practitioner.
16e. Adopt rules that require the board to investigate an
17administrator who is employed by the school that employs a
18licensed practitioner who is the subject of an investigation
19initiated under paragraph “a”. The rules shall require
20the board to investigate whether the administrator filed a
21written complaint pursuant to this subsection and whether the
22administrator was required to report to the board pursuant to
23section 272.15.
24 Sec. 8. Section 272.3, Code 2023, is amended by striking the
25section and inserting in lieu thereof the following:
26272.3 Membership.
271. The board of educational examiners shall consist of
28eleven members, subject to the following requirements:
29a. Six members shall be the parent or guardian of a student
30who is either currently enrolled or has been enrolled within
31the seven years immediately prior to the member’s appointment
32in a school district, nonpublic school, or charter school
33located in this state and shall not currently hold any elective
34office, shall not be an employee or contractor of a school
35district, nonpublic school, or charter school, and shall not
-7-1have been an employee or contractor of a school district,
2nonpublic school, or charter school within the ten years
3immediately prior to the member’s appointment.
4b. Five members shall be licensed practitioners. One of
5the members appointed pursuant to this paragraph shall be an
6administrator and one shall be a special education teacher.
72. The membership of the board shall comply with the
8requirements of sections 69.16 and 69.16A. A quorum of the
9board shall consist of six members. Members shall elect a
10chairperson of the board. Members shall be appointed by the
11governor subject to confirmation by the senate.
12 Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
13to read as follows:
141. Members, except for the director of the department of
15education or the director’s designee, shall be appointed to
16serve staggered terms of four years. A member shall not serve
17more than two consecutive terms, except for the director of the
18department of education or the director’s designee, who shall
19serve until the director’s term of office expires. A member of
20the board, except for the two public members and the director
21of the department of education or the director’s designee, who
22is a licensed practitioner appointed pursuant to section 272.3,
23subsection 1, paragraph “b”, shall hold a valid practitioner’s
24license during the member’s term of office. A vacancy exists
25when any of the following occur:
26a. A nonpublic member’s license The license of a licensed
27practitioner appointed pursuant to section 272.3, subsection 1,
28paragraph “b”, expires, is suspended, or is revoked.
29b. A nonpublic member licensed practitioner appointed
30pursuant to section 272.3, subsection 1, paragraph “b”, retires
31or terminates employment as a practitioner.
32c. A member dies, resigns, is removed from office, or is
33otherwise physically unable to perform the duties of office.
34d. A member’s term of office expires.
35 Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
-8-1practitioners — reporting and investigation.
2The board of directors of a school district and the
3authorities in charge of each accredited nonpublic school shall
4follow the process created by the department of education
5pursuant to section 256.9, subsection 66, related to the
6reporting and investigation of an incident involving the
7possible commission of a felony by any employee of the board of
8directors of the school district or the authorities in charge
9of the accredited nonpublic school.
10 Sec. 11. NEW SECTION. 280.34 Requirement to view public
11license information.
12Prior to hiring an individual who has been issued a license,
13endorsement, certification, authorization, or statement of
14recognition by the board of educational examiners, a school
15district or an accredited nonpublic school, as applicable,
16shall view the board of educational examiners’ public license
17information to determine if the individual has a case pending
18with a finding of probable cause or any licensure sanction.
19This section shall not be construed to require the board
20of educational examiners to disclose unfounded, closed
21investigations.
22 Sec. 12. BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —
23TRANSITION.
241. The terms of office associated with the members of the
25board of educational examiners shall, as of the effective
26date of this Act, be deemed to have expired, notwithstanding
27the terms of office associated with the members under section
28272.3.
292. For the members of the board of educational examiners
30first appointed by the governor on or after the effective date
31of this Act, five shall serve an initial term of two years
32and six shall serve an initial term of four years. When the
33governor appoints such members, the governor shall indicate
34whether the appointee’s term shall be for two years or for four
35years. For purposes of the limitation on consecutive terms a
-9-1member may serve under section 272.4, subsection 1, a term of
2two years shall be considered a full term.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to education, including requirements
7related to mandatory reporters, a process for investigating
8complaints against school employees, and the responsibilities
9of the department of education (DE), school districts, charter
10schools, accredited nonpublic schools, and the board of
11educational examiners (BOEE).
12Current Code section 232.69 (mandatory and permissive
13reporters) requires certain persons to report cases of abuse
14of a child who is under 12 years of age and authorizes those
15persons to make a report of abuse of a child who is 12 years
16of age or older. The bill requires the persons governed by
17Code section 232.69 to make a report of the abuse of a child,
18regardless of whether the child is 12 years of age or older.
19Additionally, the bill requires school employees who are 18
20years of age or older to report cases of abuse of children. The
21bill also requires that if a person making a report of abuse of
22children is a licensed school employee who reasonably believes
23the person responsible for the injury is also a licensed school
24employee, the person making the report shall identify the
25licensed school employee when making the report.
26The bill requires the director of the DE to develop and
27implement a process for the reporting and investigation of
28any incident that arises which may reasonably lead to the
29conclusion that any individual who is employed by the board
30of directors of a school district, the authorities in charge
31of an accredited nonpublic school, or the governing board of
32a charter school, including an individual with a license,
33endorsement, certification, authorization, or statement of
34recognition issued by the BOEE, has committed a felony or
35engaged in certain specified conduct. The bill requires the
-10-1boards of directors of school districts, the authorities in
2charge of accredited nonpublic schools, and charter schools
3to follow this process. The bill provides that the process
4shall prohibit the board, the authorities in charge of an
5accredited nonpublic school, and charter schools from entering
6into certain specified agreements related to certain incidents.
7The bill also provides that the process shall require the
8board, the authorities in charge of an accredited nonpublic
9school, and charter schools to finalize the investigation of
10an incident even if the employee resigns or the employee’s
11contract is terminated and to take certain specified
12actions with respect to employees who do not hold a license,
13endorsement, certification, authorization, or statement of
14recognition issued by the BOEE, including actions related to
15retaining complaints and notifying potential employers of
16complaints and reports. The bill immunizes the board, the
17authorities in charge of an accredited nonpublic school, and
18charter schools, and the board’s, the accredited nonpublic
19school’s, or the charter school’s contractors against any civil
20liability arising from discussing an incident, past performance
21or actions, past allegations leading to discipline, or
22resignation with certain specified persons. The bill requires
23the BOEE to assess a civil penalty of not less than $500 and
24not more than $5,000 against the administrator of a school
25district, an accredited nonpublic school, or a charter school
26if the administrator fails to follow the process relating
27to incidents, and a civil penalty not to exceed $10,000 if
28the administrator assists in the concealment, or attempted
29concealment, of an incident or certain conduct that is required
30to be reported.
31Current law requires the BOEE to adopt rules that require
32the disqualification of an applicant for licensure, or the
33revocation of a license, if the person entered a plea of
34guilty to, or has been found guilty of, certain specified
35offenses. The bill modifies this provision to also require
-11-1the disqualification of an applicant for licensure, or
2the revocation of a license, if the BOEE has found by a
3preponderance of the evidence that the person committed certain
4specified offenses.
5Current law requires the BOEE to adopt rules related to
6complaints that are filed by individuals who have personal
7knowledge of an alleged violation and the investigation of
8those complaints. The bill requires the BOEE to finalize
9the investigation of these complaints even if the licensed
10practitioner resigns or surrenders the licensed practitioner’s
11license, certificate, authorization, or statement of
12recognition during the investigation. The bill requires the
13BOEE to adopt rules that require the collection and retention
14of those complaints and the evaluation of complaints that did
15not result in any discipline if similar complaints are filed
16against the licensed practitioner. The bill requires the BOEE
17to notify the public when a licensed practitioner who is the
18subject of an ongoing investigation has a case pending with a
19finding of probable cause. Additionally, the bill requires
20the BOEE to investigate an administrator employed by a school
21that employs a licensed practitioner who is the subject of an
22investigation to determine whether the administrator filed a
23written complaint against the licensed practitioner and to
24determine whether the administrator was required to report the
25licensed practitioner to the BOEE.
26The bill modifies the membership of the BOEE. The bill
27establishes that the BOEE shall consist of 11 members. Six
28of the members shall be the parent or guardian of a student
29who is either currently enrolled or has been enrolled within
30the seven years immediately preceding the member’s appointment
31in a school district, accredited nonpublic school, or charter
32school. Five of the members shall be licensed practitioners,
33including one administrator and one special education teacher.
34The bill makes conforming changes.
35The bill provides that the terms of office of the current
-12-1members of the BOEE shall, as of the effective date of the
2bill, be deemed to have expired. Additionally, the bill
3provides that five of the members of the BOEE first appointed
4by the governor on or after the effective date of the bill
5shall serve an initial term of two years, and six of the
6members shall serve an initial term of four years. The bill
7requires the governor to indicate whether the appointee’s term
8shall be for two years or for four years.
9The bill requires school districts, accredited nonpublic
10schools, and charter schools, prior to hiring an individual
11with a license, endorsement, certification, authorization,
12or statement of recognition issued by the BOEE, to contact
13the BOEE to determine if the individual is the subject of
14an ongoing investigation, if a complaint or report has been
15filed against the individual, or if the individual surrendered
16a license, endorsement, certification, authorization, or
17statement of recognition prior to final disposition of an
18investigation.
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