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House File 430 - ReprintedA 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. The board of directors of a school
35district, the authorities in charge of an accredited nonpublic
-2-1school, or the governing board of a charter school, as
2applicable, shall provide the board of educational examiners
3with the results of the investigation if the employee who
4was investigated has a license, endorsement, certification,
5authorization, or statement of recognition issued by the board
6of educational examiners.
7d. The process shall require the board of directors of a
8school district, the authorities in charge of an accredited
9nonpublic school, and the governing board of a charter school
10to take all of the following actions with respect to employees
11who do not hold a license, endorsement, certification,
12authorization, or statement of recognition issued by the board
13of educational examiners:
14(1) Collect and retain all complaints and reports related to
15incidents reported under this subsection that are associated
16with the employee and that relate to the health and safety of
17students.
18(2) Notify the school district, accredited nonpublic
19school, or charter school that employs, or is seeking to
20employ, the employee of the existence and nature of the
21complaints and reports related to incidents reported under
22this subsection that are associated with the employee and that
23relate to the health and safety of students if contacted by
24the school district, accredited nonpublic school, or charter
25school. This subparagraph shall not be construed to require
26the board of directors of a school district, the authorities
27in charge of an accredited nonpublic school, or the governing
28board of a charter school to disclose unfounded, closed
29investigations.
30e. The board of directors of a school district, the
31authorities in charge of an accredited nonpublic school, or
32the governing board of a charter school, and contractors of
33the school district, the accredited nonpublic school, or the
34charter school shall be immune from any civil liability arising
35from discussing an incident, past performance or actions,
-3-1past allegations leading to discipline or adverse employment
2action, or employee resignation with any governmental agent,
3governmental officer, or any potential employer.
4f. If the board of educational examiners finds that the
5board of directors of a school district, the authorities in
6charge of an accredited nonpublic school, or the governing
7board of a charter school has intentionally failed to follow
8the process established by this subsection regarding an
9incident, or the reporting requirements established pursuant
10to section 272.15, related to an employee who holds a license,
11endorsement, certification, authorization, or statement of
12recognition issued by the board of educational examiners, the
13board of educational examiners shall assess a fine against
14an administrator of the school district, the accredited
15nonpublic school, or the charter school who intentionally
16failed to ensure compliance with the process of not less than
17five hundred dollars and not more than five thousand dollars.
18Payments of the fine provided in this paragraph shall be
19remitted to the treasurer of the state for deposit in the
20general fund of the state.
21g. If the department finds that the board of directors of
22a school district, the authorities in charge of an accredited
23nonpublic school, or the governing board of a charter school
24has intentionally failed to follow the process established by
25this subsection regarding an incident related to an employee
26who does not hold a license, endorsement, certification,
27authorization, or statement of recognition issued by the board
28of educational examiners, the department shall assess a fine
29against an administrator of the school district, the accredited
30nonpublic school, or the charter school who intentionally
31failed to ensure compliance with the process of not less than
32five hundred dollars and not more than five thousand dollars.
33Payments of the fine provided in this paragraph shall be
34remitted to the treasurer of the state for deposit in the
35general fund of the state.
-4- 1h. If the board of educational examiners finds that the
2board of directors of a school district, the authorities in
3charge of an accredited nonpublic school, or the governing
4board of a charter school has intentionally concealed, or
5attempted to conceal from any governmental agent, governmental
6officer, or potential employer a founded incident, or any
7conduct required to be reported pursuant to section 272.15,
8related to an employee who holds a license, endorsement,
9certification, authorization, or statement of recognition
10issued by the board of educational examiners, the board
11of educational examiners shall assess a fine against an
12administrator of the school district, the accredited nonpublic
13school, or the charter school who intentionally assisted in the
14concealment, or attempted concealment, of an incident, or any
15conduct required to be reported pursuant to section 272.15,
16of not more than ten thousand dollars. Payments of the fine
17provided in this paragraph shall be remitted to the treasurer
18of the state for deposit in the general fund of the state.
19i. If the department finds that the board of directors of
20a school district, the authorities in charge of an accredited
21nonpublic school, or the governing board of a charter school
22has intentionally concealed, or attempted to conceal from
23any governmental agent, governmental officer, or potential
24employer a founded incident related to an employee who does
25not hold a license, endorsement, certification, authorization,
26or statement of recognition issued by the board of educational
27examiners, the department shall assess a fine against an
28administrator of the school district, the accredited nonpublic
29school, or the charter school who intentionally assisted in the
30concealment, or attempted concealment, of an incident of not
31more than ten thousand dollars. Payments of the fine provided
32in this paragraph shall be remitted to the treasurer of the
33state for deposit in the general fund of the state.
34 Sec. 5. Section 256E.7, subsection 2, Code 2023, is amended
35by adding the following new paragraphs:
-5-1 NEW PARAGRAPH. 0j. Be subject to and comply with the
2requirements of section 280.33 relating to the reporting and
3investigation of an incident involving the possible commission
4of a felony by any person who has been issued a license,
5endorsement, certification, authorization, or statement of
6recognition by the board of educational examiners in the same
7manner as a school district.
8 NEW PARAGRAPH. 00j. Be subject to and comply with the
9requirements of section 280.34 relating to the requirement
10to view the board of educational examiners’ public license
11information prior to hiring an individual who has been issued
12a license, endorsement, certification, authorization, or
13statement of recognition by the board of educational examiners
14in the same manner as a school district.
15 Sec. 6. Section 272.2, subsection 14, paragraph b,
16subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
17to read as follows:
18The person entered a plea of guilty to, or has been found
19guilty of, or the board has found by a preponderance of the
20evidence that the person committed, any of the following
21offenses, whether or not a sentence is imposed:
22 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
23to read as follows:
2415. a. Adopt rules that require specificity in written
25complaints that are filed by individuals who have personal
26knowledge of an alleged violation and which are accepted by
27the board, provide that the jurisdictional requirements as set
28by the board in administrative rule are met on the face of the
29complaint before initiating an investigation of allegations,
30provide that any investigation be limited to the allegations
31contained on the face of the complaint, provide for an adequate
32interval between the receipt of a complaint and public notice
33of the complaint, permit parties to a complaint to mutually
34agree to a resolution of the complaint filed with the board,
35allow the respondent the right to review any investigative
-6-1report upon a finding of probable cause for further action by
2the board, require that the conduct providing the basis for
3the complaint occurred within three years of discovery of the
4event by the complainant unless good cause can be shown for
5an extension of this limitation, and require complaints to be
6resolved within one hundred eighty days unless good cause can
7be shown for an extension of this limitation, and require the
8board to finalize the investigation of the written complaint
9even if the licensed practitioner resigns or surrenders the
10licensed practitioner’s license, certificate, authorization, or
11statement of recognition during the investigation.
12b. Adopt rules that require the collection and retention of
13written complaints that are filed. If the board determines a
14written complaint is not founded, the complaint and all records
15related to the complaint shall be kept confidential and are not
16subject to chapter 22.
17c. Adopt rules that require the board to notify the public
18when a licensed practitioner who is the subject of an ongoing
19investigation initiated under paragraph “a” has a case pending
20with a finding of probable cause. This paragraph shall not be
21construed to require the board to disclose unfounded, closed
22investigations initiated under paragraph “a”.
23d. Adopt rules that require the evaluation of complaints
24that did not result in any discipline or sanction if similar
25complaints are filed against the same licensed practitioner.
26e. Adopt rules that require the board to investigate an
27administrator who is employed by the school that employs a
28licensed practitioner who is the subject of an investigation
29initiated under paragraph “a”. The rules shall require
30the board to investigate whether the administrator filed a
31written complaint pursuant to this subsection and whether the
32administrator was required to report to the board pursuant to
33section 272.15.
34 Sec. 8. Section 272.3, Code 2023, is amended by striking the
35section and inserting in lieu thereof the following:
-7- 1272.3 Membership.
21. The board of educational examiners shall consist of
3eleven members, subject to the following requirements:
4a. Five members shall be the parent or guardian of a student
5who is either currently enrolled or has been enrolled within
6the seven years immediately prior to the member’s appointment
7in a school district, nonpublic school, or charter school
8located in this state and shall not currently hold any elective
9office, shall not be an employee or contractor of a school
10district, nonpublic school, or charter school, and shall not
11have been an employee or contractor of a school district,
12nonpublic school, or charter school within the ten years
13immediately prior to the member’s appointment.
14b. Five members shall be licensed practitioners. One of
15the members appointed pursuant to this paragraph shall be an
16administrator and one shall be a special education teacher.
17c. One member shall be a member of the board of directors of
18a school district.
192. The membership of the board shall comply with the
20requirements of sections 69.16 and 69.16A. A quorum of the
21board shall consist of six members. Members shall elect a
22chairperson of the board. Members shall be appointed by the
23governor subject to confirmation by the senate.
24 Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
25to read as follows:
261. Members, except for the director of the department of
27education or the director’s designee, shall be appointed to
28serve staggered terms of four years. A member shall not serve
29more than two consecutive terms, except for the director of the
30department of education or the director’s designee, who shall
31serve until the director’s term of office expires. A member of
32the board, except for the two public members and the director
33of the department of education or the director’s designee, who
34is a licensed practitioner appointed pursuant to section 272.3,
35subsection 1, paragraph “b”, shall hold a valid practitioner’s
-8-1license during the member’s term of office. A vacancy exists
2when any of the following occur:
3a. A nonpublic member’s license The license of a licensed
4practitioner appointed pursuant to section 272.3, subsection 1,
5paragraph “b”, expires, is suspended, or is revoked.
6b. A nonpublic member licensed practitioner appointed
7pursuant to section 272.3, subsection 1, paragraph “b”, retires
8or terminates employment as a practitioner.
9c. A member dies, resigns, is removed from office, or is
10otherwise physically unable to perform the duties of office.
11d. A member’s term of office expires.
12 Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
13practitioners — reporting and investigation.
14The board of directors of a school district and the
15authorities in charge of each accredited nonpublic school shall
16follow the process created by the department of education
17pursuant to section 256.9, subsection 66, related to the
18reporting and investigation of an incident involving the
19possible commission of a felony by any employee of the board of
20directors of the school district or the authorities in charge
21of the accredited nonpublic school.
22 Sec. 11. NEW SECTION. 280.34 Requirement to view public
23license information.
24Prior to hiring an individual who has been issued a license,
25endorsement, certification, authorization, or statement of
26recognition by the board of educational examiners, a school
27district or an accredited nonpublic school, as applicable,
28shall view the board of educational examiners’ public license
29information to determine if the individual has a case pending
30with a finding of probable cause or any licensure sanction.
31This section shall not be construed to require the board
32of educational examiners to disclose unfounded, closed
33investigations.
34 Sec. 12. BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —
35TRANSITION.
-9- 11. The terms of office associated with the members of the
2board of educational examiners shall, as of the effective
3date of this Act, be deemed to have expired, notwithstanding
4the terms of office associated with the members under section
5272.3.
62. For the members of the board of educational examiners
7first appointed by the governor on or after the effective date
8of this Act, five shall serve an initial term of two years
9and six shall serve an initial term of four years. When the
10governor appoints such members, the governor shall indicate
11whether the appointee’s term shall be for two years or for four
12years. For purposes of the limitation on consecutive terms a
13member may serve under section 272.4, subsection 1, a term of
14two years shall be considered a full term.
jda/jh/md
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. The board of directors of a school
35district, the authorities in charge of an accredited nonpublic
-2-1school, or the governing board of a charter school, as
2applicable, shall provide the board of educational examiners
3with the results of the investigation if the employee who
4was investigated has a license, endorsement, certification,
5authorization, or statement of recognition issued by the board
6of educational examiners.
7d. The process shall require the board of directors of a
8school district, the authorities in charge of an accredited
9nonpublic school, and the governing board of a charter school
10to take all of the following actions with respect to employees
11who do not hold a license, endorsement, certification,
12authorization, or statement of recognition issued by the board
13of educational examiners:
14(1) Collect and retain all complaints and reports related to
15incidents reported under this subsection that are associated
16with the employee and that relate to the health and safety of
17students.
18(2) Notify the school district, accredited nonpublic
19school, or charter school that employs, or is seeking to
20employ, the employee of the existence and nature of the
21complaints and reports related to incidents reported under
22this subsection that are associated with the employee and that
23relate to the health and safety of students if contacted by
24the school district, accredited nonpublic school, or charter
25school. This subparagraph shall not be construed to require
26the board of directors of a school district, the authorities
27in charge of an accredited nonpublic school, or the governing
28board of a charter school to disclose unfounded, closed
29investigations.
30e. The board of directors of a school district, the
31authorities in charge of an accredited nonpublic school, or
32the governing board of a charter school, and contractors of
33the school district, the accredited nonpublic school, or the
34charter school shall be immune from any civil liability arising
35from discussing an incident, past performance or actions,
-3-1past allegations leading to discipline or adverse employment
2action, or employee resignation with any governmental agent,
3governmental officer, or any potential employer.
4f. If the board of educational examiners finds that the
5board of directors of a school district, the authorities in
6charge of an accredited nonpublic school, or the governing
7board of a charter school has intentionally failed to follow
8the process established by this subsection regarding an
9incident, or the reporting requirements established pursuant
10to section 272.15, related to an employee who holds a license,
11endorsement, certification, authorization, or statement of
12recognition issued by the board of educational examiners, the
13board of educational examiners shall assess a fine against
14an administrator of the school district, the accredited
15nonpublic school, or the charter school who intentionally
16failed to ensure compliance with the process of not less than
17five hundred dollars and not more than five thousand dollars.
18Payments of the fine provided in this paragraph shall be
19remitted to the treasurer of the state for deposit in the
20general fund of the state.
21g. If the department finds that the board of directors of
22a school district, the authorities in charge of an accredited
23nonpublic school, or the governing board of a charter school
24has intentionally failed to follow the process established by
25this subsection regarding an incident related to an employee
26who does not hold a license, endorsement, certification,
27authorization, or statement of recognition issued by the board
28of educational examiners, the department shall assess a fine
29against an administrator of the school district, the accredited
30nonpublic school, or the charter school who intentionally
31failed to ensure compliance with the process of not less than
32five hundred dollars and not more than five thousand dollars.
33Payments of the fine provided in this paragraph shall be
34remitted to the treasurer of the state for deposit in the
35general fund of the state.
-4- 1h. If the board of educational examiners finds that the
2board of directors of a school district, the authorities in
3charge of an accredited nonpublic school, or the governing
4board of a charter school has intentionally concealed, or
5attempted to conceal from any governmental agent, governmental
6officer, or potential employer a founded incident, or any
7conduct required to be reported pursuant to section 272.15,
8related to an employee who holds a license, endorsement,
9certification, authorization, or statement of recognition
10issued by the board of educational examiners, the board
11of educational examiners shall assess a fine against an
12administrator of the school district, the accredited nonpublic
13school, or the charter school who intentionally assisted in the
14concealment, or attempted concealment, of an incident, or any
15conduct required to be reported pursuant to section 272.15,
16of not more than ten thousand dollars. Payments of the fine
17provided in this paragraph shall be remitted to the treasurer
18of the state for deposit in the general fund of the state.
19i. If the department finds that the board of directors of
20a school district, the authorities in charge of an accredited
21nonpublic school, or the governing board of a charter school
22has intentionally concealed, or attempted to conceal from
23any governmental agent, governmental officer, or potential
24employer a founded incident related to an employee who does
25not hold a license, endorsement, certification, authorization,
26or statement of recognition issued by the board of educational
27examiners, the department shall assess a fine against an
28administrator of the school district, the accredited nonpublic
29school, or the charter school who intentionally assisted in the
30concealment, or attempted concealment, of an incident of not
31more than ten thousand dollars. Payments of the fine provided
32in this paragraph shall be remitted to the treasurer of the
33state for deposit in the general fund of the state.
34 Sec. 5. Section 256E.7, subsection 2, Code 2023, is amended
35by adding the following new paragraphs:
-5-1 NEW PARAGRAPH. 0j. Be subject to and comply with the
2requirements of section 280.33 relating to the reporting and
3investigation of an incident involving the possible commission
4of a felony by any person who has been issued a license,
5endorsement, certification, authorization, or statement of
6recognition by the board of educational examiners in the same
7manner as a school district.
8 NEW PARAGRAPH. 00j. Be subject to and comply with the
9requirements of section 280.34 relating to the requirement
10to view the board of educational examiners’ public license
11information prior to hiring an individual who has been issued
12a license, endorsement, certification, authorization, or
13statement of recognition by the board of educational examiners
14in the same manner as a school district.
15 Sec. 6. Section 272.2, subsection 14, paragraph b,
16subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
17to read as follows:
18The person entered a plea of guilty to, or has been found
19guilty of, or the board has found by a preponderance of the
20evidence that the person committed, any of the following
21offenses, whether or not a sentence is imposed:
22 Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
23to read as follows:
2415. a. Adopt rules that require specificity in written
25complaints that are filed by individuals who have personal
26knowledge of an alleged violation and which are accepted by
27the board, provide that the jurisdictional requirements as set
28by the board in administrative rule are met on the face of the
29complaint before initiating an investigation of allegations,
30provide that any investigation be limited to the allegations
31contained on the face of the complaint, provide for an adequate
32interval between the receipt of a complaint and public notice
33of the complaint, permit parties to a complaint to mutually
34agree to a resolution of the complaint filed with the board,
35allow the respondent the right to review any investigative
-6-1report upon a finding of probable cause for further action by
2the board, require that the conduct providing the basis for
3the complaint occurred within three years of discovery of the
4event by the complainant unless good cause can be shown for
5an extension of this limitation, and require complaints to be
6resolved within one hundred eighty days unless good cause can
7be shown for an extension of this limitation, and require the
8board to finalize the investigation of the written complaint
9even if the licensed practitioner resigns or surrenders the
10licensed practitioner’s license, certificate, authorization, or
11statement of recognition during the investigation.
12b. Adopt rules that require the collection and retention of
13written complaints that are filed. If the board determines a
14written complaint is not founded, the complaint and all records
15related to the complaint shall be kept confidential and are not
16subject to chapter 22.
17c. Adopt rules that require the board to notify the public
18when a licensed practitioner who is the subject of an ongoing
19investigation initiated under paragraph “a” has a case pending
20with a finding of probable cause. This paragraph shall not be
21construed to require the board to disclose unfounded, closed
22investigations initiated under paragraph “a”.
23d. Adopt rules that require the evaluation of complaints
24that did not result in any discipline or sanction if similar
25complaints are filed against the same licensed practitioner.
26e. Adopt rules that require the board to investigate an
27administrator who is employed by the school that employs a
28licensed practitioner who is the subject of an investigation
29initiated under paragraph “a”. The rules shall require
30the board to investigate whether the administrator filed a
31written complaint pursuant to this subsection and whether the
32administrator was required to report to the board pursuant to
33section 272.15.
34 Sec. 8. Section 272.3, Code 2023, is amended by striking the
35section and inserting in lieu thereof the following:
-7- 1272.3 Membership.
21. The board of educational examiners shall consist of
3eleven members, subject to the following requirements:
4a. Five members shall be the parent or guardian of a student
5who is either currently enrolled or has been enrolled within
6the seven years immediately prior to the member’s appointment
7in a school district, nonpublic school, or charter school
8located in this state and shall not currently hold any elective
9office, shall not be an employee or contractor of a school
10district, nonpublic school, or charter school, and shall not
11have been an employee or contractor of a school district,
12nonpublic school, or charter school within the ten years
13immediately prior to the member’s appointment.
14b. Five members shall be licensed practitioners. One of
15the members appointed pursuant to this paragraph shall be an
16administrator and one shall be a special education teacher.
17c. One member shall be a member of the board of directors of
18a school district.
192. The membership of the board shall comply with the
20requirements of sections 69.16 and 69.16A. A quorum of the
21board shall consist of six members. Members shall elect a
22chairperson of the board. Members shall be appointed by the
23governor subject to confirmation by the senate.
24 Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
25to read as follows:
261. Members, except for the director of the department of
27education or the director’s designee, shall be appointed to
28serve staggered terms of four years. A member shall not serve
29more than two consecutive terms, except for the director of the
30department of education or the director’s designee, who shall
31serve until the director’s term of office expires. A member of
32the board, except for the two public members and the director
33of the department of education or the director’s designee, who
34is a licensed practitioner appointed pursuant to section 272.3,
35subsection 1, paragraph “b”, shall hold a valid practitioner’s
-8-1license during the member’s term of office. A vacancy exists
2when any of the following occur:
3a. A nonpublic member’s license The license of a licensed
4practitioner appointed pursuant to section 272.3, subsection 1,
5paragraph “b”, expires, is suspended, or is revoked.
6b. A nonpublic member licensed practitioner appointed
7pursuant to section 272.3, subsection 1, paragraph “b”, retires
8or terminates employment as a practitioner.
9c. A member dies, resigns, is removed from office, or is
10otherwise physically unable to perform the duties of office.
11d. A member’s term of office expires.
12 Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
13practitioners — reporting and investigation.
14The board of directors of a school district and the
15authorities in charge of each accredited nonpublic school shall
16follow the process created by the department of education
17pursuant to section 256.9, subsection 66, related to the
18reporting and investigation of an incident involving the
19possible commission of a felony by any employee of the board of
20directors of the school district or the authorities in charge
21of the accredited nonpublic school.
22 Sec. 11. NEW SECTION. 280.34 Requirement to view public
23license information.
24Prior to hiring an individual who has been issued a license,
25endorsement, certification, authorization, or statement of
26recognition by the board of educational examiners, a school
27district or an accredited nonpublic school, as applicable,
28shall view the board of educational examiners’ public license
29information to determine if the individual has a case pending
30with a finding of probable cause or any licensure sanction.
31This section shall not be construed to require the board
32of educational examiners to disclose unfounded, closed
33investigations.
34 Sec. 12. BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —
35TRANSITION.
-9- 11. The terms of office associated with the members of the
2board of educational examiners shall, as of the effective
3date of this Act, be deemed to have expired, notwithstanding
4the terms of office associated with the members under section
5272.3.
62. For the members of the board of educational examiners
7first appointed by the governor on or after the effective date
8of this Act, five shall serve an initial term of two years
9and six shall serve an initial term of four years. When the
10governor appoints such members, the governor shall indicate
11whether the appointee’s term shall be for two years or for four
12years. For purposes of the limitation on consecutive terms a
13member may serve under section 272.4, subsection 1, a term of
14two years shall be considered a full term.
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