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House File 430 - EnrolledAn Actrelating to education, including requirements related to
mandatory reporters, a process for investigating complaints
against school employees, and the responsibilities of
the department of education, school districts, charter
schools, accredited nonpublic schools, and the board of
educational examiners, modifying the membership of the
board of educational examiners, and including applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 232.69, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The classes of persons enumerated in this subsection shall
make a report within twenty-four hours and as provided in
section 232.70, of cases of child abuse. In addition, the
classes of persons enumerated in this subsection shall make a
report of abuse of a child who is under twelve years of age and
may make a report of abuse of a child who is twelve years of age
or older, which would be defined as child abuse under section
232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
except that the abuse resulted from the acts or omissions of
a person other than a person responsible for the care of the
child.
Sec. 2. Section 232.69, subsection 1, paragraph b,
subparagraph (4), Code 2023, is amended to read as follows:
(4) A licensed school employee, certified para-educator,
holder of a coaching authorization issued under section 272.31,
school employee who is eighteen years of age or older, or an
instructor employed by a community college.
Sec. 3. Section 232.70, subsection 5, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0f. If the person making the report is a
licensed school employee who reasonably believes the person
responsible for the injury is also a licensed school employee,
the identity of the licensed school employee the person making
the report believes is responsible for the injury.
Sec. 4. Section 256.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 66. a. Develop and implement a process
for the reporting and investigation of any incident that arises
that may reasonably lead to the conclusion that any individual
who is employed by the board of directors of a school district,
the authorities in charge of an accredited nonpublic school,
or the governing board of a charter school, including an
individual with a license, endorsement, certification,
-1-authorization, or statement of recognition issued by the
board of educational examiners, has committed a felony or,
in the case of an individual with a license, endorsement,
certification, authorization, or statement of recognition
issued by the board of educational examiners, has engaged in
conduct described in section 272.15, subsection 1, paragraph
“a”, subparagraph (1), subparagraph divisions (a) through (d).
b. The process shall prohibit the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
from entering into any of the following:
(1) A written or oral agreement that prohibits the board
of directors of the school district, the authorities in charge
of an accredited nonpublic school, the governing board of
a charter school, an employee of the school district, the
accredited nonpublic school, or the charter school, or a
contractor of the school district, the accredited nonpublic
school, or the charter school from discussing an incident, past
performance or actions, past allegations leading to discipline
or adverse employment action, or employee resignation with any
governmental agent, governmental officer, or any potential
employer.
(2) A written or oral agreement that waives the liability
of an individual with a license, endorsement, certification,
authorization, or statement of recognition issued by the
board of educational examiners related to or arising from an
incident, past performance or action, or past allegations of
wrongdoing.
c. (1) The process shall require the board of directors
of a school district, the authorities in charge of an
accredited nonpublic school, and the governing board of a
charter school to provide all documentation and information
related to the incident to the board of educational examiners
for investigation if the employee who is the subject of the
incident and who has a license, endorsement, certification,
-2-authorization, or statement of recognition issued by the board
of educational examiners resigns or the employee’s contract is
terminated during the school district’s, accredited nonpublic
school’s, or charter school’s investigation of the incident.
(2) The process shall require the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
to finalize the investigation of the incident even if the
employee who is the subject of the incident and who does not
have a license, endorsement, certification, authorization, or
statement of recognition issued by the board of educational
examiners resigns or the employee’s contract is terminated
during the school district’s, accredited nonpublic school’s, or
charter school’s investigation of the incident.
d. The process shall require that, prior to hiring an
applicant for any position, the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
must conduct a review of the applicant’s employment history,
including by contacting the applicant’s previous employers
listed on the application for employment and by viewing the
board of educational examiners’ public license information to
determine if the applicant has a case pending with a finding of
probable cause or any licensure sanction.
e. The process shall require the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
to maintain on forms prescribed by the department reference
information related to all employees of the school district,
accredited nonpublic school, or charter school, and respond to
any request for such information from a potential employer.
This paragraph shall not be construed to require the board of
directors of a school district, the authorities in charge of
an accredited nonpublic school, or the governing board of a
charter school to disclose unfounded, closed investigations.
-3-The board of directors of a school district, the authorities
in charge of an accredited nonpublic school, or the governing
board of a charter school shall be immune from any criminal
or civil liability arising from the disclosure of reference
information under this paragraph if the school district,
accredited nonpublic school, or charter school does not
knowingly disclose false information.
f. The board of directors of a school district, the
authorities in charge of an accredited nonpublic school, or
the governing board of a charter school, and contractors of
the school district, the accredited nonpublic school, or the
charter school shall be immune from any civil liability arising
from discussing an incident, past performance or actions,
past allegations leading to discipline or adverse employment
action, or employee resignation with any governmental agent,
governmental officer, or any potential employer.
g. If the board of educational examiners finds that the
board of directors of a school district, the authorities in
charge of an accredited nonpublic school, or the governing
board of a charter school has intentionally failed to follow
the process established by this subsection regarding an
incident, or the reporting requirements established pursuant
to section 272.15, related to an employee who holds a license,
endorsement, certification, authorization, or statement of
recognition issued by the board of educational examiners, any
administrator of the school district, the accredited nonpublic
school, or the charter school who intentionally failed to
ensure compliance with the process shall be subject to a
hearing conducted by the board of educational examiners.
h. If the department finds that the board of directors of
a school district, the authorities in charge of an accredited
nonpublic school, or the governing board of a charter school
has intentionally failed to follow the process established by
this subsection regarding an incident related to an employee
who does not hold a license, endorsement, certification,
-4-authorization, or statement of recognition issued by the board
of educational examiners, any administrator of the school
district, the accredited nonpublic school, or the charter
school who intentionally failed to ensure compliance with the
process shall be subject to a hearing conducted by the board of
educational examiners.
i. If the board of educational examiners finds that the
board of directors of a school district, the authorities in
charge of an accredited nonpublic school, or the governing
board of a charter school has intentionally concealed, or
attempted to conceal from any governmental agent, governmental
officer, or potential employer a founded incident, or any
conduct required to be reported pursuant to section 272.15,
related to an employee who holds a license, endorsement,
certification, authorization, or statement of recognition
issued by the board of educational examiners, any administrator
of the school district, the accredited nonpublic school, or the
charter school who intentionally assisted in the concealment,
or attempted concealment, of an incident, or any conduct
required to be reported pursuant to section 272.15, shall be
subject to a hearing conducted by the board of educational
examiners.
j. If the department finds that the board of directors of
a school district, the authorities in charge of an accredited
nonpublic school, or the governing board of a charter school
has intentionally concealed, or attempted to conceal from
any governmental agent, governmental officer, or potential
employer a founded incident related to an employee who does
not hold a license, endorsement, certification, authorization,
or statement of recognition issued by the board of educational
examiners, any administrator of the school district, the
accredited nonpublic school, or the charter school who
intentionally assisted in the concealment, or attempted
concealment, of an incident shall be subject to a hearing
conducted by the board of educational examiners.
-5- Sec. 5. NEW SECTION. 256.158A Required annual report to
general assembly.
Annually, on or before June 30 of each year, the board
shall submit to the general assembly a report that contains
information related to the number and types of disciplinary
hearings before the board, any trends in the number or types of
disciplinary hearings before the board, the number of hearings
requested under section 279.24, and any other information
deemed relevant by the board in order to inform the general
assembly of the status of the enforcement of the board’s rules.
The report shall not include any personally identifiable
information related to individuals who participated in hearings
before the board.
Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 280.33 relating to the reporting and
investigation of an incident involving the possible commission
of a felony by any person who has been issued a license,
endorsement, certification, authorization, or statement of
recognition by the board of educational examiners in the same
manner as a school district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
requirements of section 280.34 relating to the requirement
to view the board of educational examiners’ public license
information prior to hiring an individual who has been issued
a license, endorsement, certification, authorization, or
statement of recognition by the board of educational examiners
in the same manner as a school district.
Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
to read as follows:
15. a. Adopt rules that require specificity in written
complaints that are filed by individuals who have personal
knowledge of an alleged violation and which are accepted by
the board, provide that the jurisdictional requirements as set
-6-by the board in administrative rule are met on the face of the
complaint before initiating an investigation of allegations,
provide that any investigation be limited to the allegations
contained on the face of the complaint, provide for an adequate
interval between the receipt of a complaint and public notice
of the complaint, permit parties to a complaint to mutually
agree to a resolution of the complaint filed with the board,
allow the respondent the right to review any investigative
report upon a finding of probable cause for further action by
the board, require that the conduct providing the basis for
the complaint occurred within three years of discovery of the
event by the complainant unless good cause can be shown for
an extension of this limitation, and require complaints to be
resolved within one hundred eighty days unless good cause can
be shown for an extension of this limitation, and require the
board to finalize the investigation of the written complaint
even if the licensed practitioner resigns or surrenders the
licensed practitioner’s license, certificate, authorization, or
statement of recognition during the investigation.
b. Adopt rules that require the collection and retention of
written complaints that are filed. If the board determines a
written complaint is not founded, the complaint and all records
related to the complaint shall be kept confidential and are not
subject to chapter 22.
c. Adopt rules that require the board to notify the public
when a licensed practitioner who is the subject of an ongoing
investigation initiated under paragraph “a” has a case pending
with a finding of probable cause. This paragraph shall not be
construed to require the board to disclose unfounded, closed
investigations initiated under paragraph “a”.
d. Adopt rules that require the evaluation of complaints
that did not result in any discipline or sanction if similar
complaints are filed against the same licensed practitioner.
e. Adopt rules that require the board to investigate an
administrator who is employed by the school that employs a
-7-licensed practitioner who is the subject of an investigation
initiated under paragraph “a”. The rules shall require
the board to investigate whether the administrator filed a
written complaint pursuant to this subsection and whether the
administrator was required to report to the board pursuant to
section 272.15.
Sec. 8. Section 272.3, Code 2023, is amended by striking the
section and inserting in lieu thereof the following:
272.3 Membership.
1. The board of educational examiners shall consist of
thirteen members, subject to the following requirements:
a. Four members shall be members of the general public
who have demonstrated an interest in education but have
never held a practitioner’s license. Two of the members
appointed pursuant to this paragraph shall be the parent or
guardian of a student who is currently enrolled in a school
district, accredited nonpublic school, or charter school,
shall not currently hold any elective office, and shall not
be an employee or contractor of a school district, accredited
nonpublic school, or charter school. One of the members
appointed pursuant to this paragraph shall have been or
currently be a member of the board of directors of a school
district.
b. Eight members shall be licensed practitioners. Three
of the members appointed pursuant to this paragraph shall be
administrators and one shall be an employee of an accredited
nonpublic school. The remaining four members appointed
pursuant to this paragraph shall be selected from the following
areas and specialties of the teaching profession:
(1) Elementary teachers.
(2) Secondary teachers.
(3) Special education or similar teachers.
(4) Counselors or other special purpose practitioners.
(5) School service personnel.
c. One member shall be the director of the department or the
-8-director’s designee.
2. The membership of the board shall comply with the
requirements of sections 69.16 and 69.16A. A quorum of the
board shall consist of seven members. Members shall elect a
chairperson of the board. Members, except for the director of
the department or the director’s designee, shall be appointed
by the governor subject to confirmation by the senate.
Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
to read as follows:
1. Members, except for the director of the department of
education or the director’s designee, shall be appointed to
serve staggered terms of four years. A member shall not serve
more than two consecutive terms, except for the director of the
department of education or the director’s designee, who shall
serve until the director’s term of office expires. A member of
the board, except for the two public members and the director
of the department of education or the director’s designee, who
is a licensed practitioner appointed pursuant to section 272.3,
subsection 1, paragraph “b”, shall hold a valid practitioner’s
license during the member’s term of office. A vacancy exists
when any of the following occur:
a. A nonpublic member’s license The license of a licensed
practitioner appointed pursuant to section 272.3, subsection 1,
paragraph “b”, expires, is suspended, or is revoked.
b. A nonpublic member licensed practitioner appointed
pursuant to section 272.3, subsection 1, paragraph “b”, retires
or terminates employment as a practitioner.
c. A member dies, resigns, is removed from office, or is
otherwise physically unable to perform the duties of office.
d. A member’s term of office expires.
Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
practitioners — reporting and investigation.
The board of directors of a school district and the
authorities in charge of each accredited nonpublic school shall
follow the process created by the department of education
-9-pursuant to section 256.9, subsection 66, related to the
reporting and investigation of an incident involving the
possible commission of a felony by any employee of the board of
directors of the school district or the authorities in charge
of the accredited nonpublic school.
Sec. 11. NEW SECTION. 280.34 Requirement to view public
license information.
Prior to hiring an individual who has been issued a license,
endorsement, certification, authorization, or statement of
recognition by the board of educational examiners, a school
district or an accredited nonpublic school, as applicable,
shall view the board of educational examiners’ public license
information to determine if the individual has a case pending
with a finding of probable cause or any licensure sanction.
This section shall not be construed to require the board
of educational examiners to disclose unfounded, closed
investigations.
Sec. 12. APPLICABILITY. The following apply to the
governor’s appointments to the board of educational examiners
on or after the effective date of this Act:
1. The section of this Act amending section 272.3.
2. The section of this Act amending section 272.4,
subsection l.
-10-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 430, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/md
mandatory reporters, a process for investigating complaints
against school employees, and the responsibilities of
the department of education, school districts, charter
schools, accredited nonpublic schools, and the board of
educational examiners, modifying the membership of the
board of educational examiners, and including applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 232.69, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The classes of persons enumerated in this subsection shall
make a report within twenty-four hours and as provided in
section 232.70, of cases of child abuse. In addition, the
classes of persons enumerated in this subsection shall make a
report of abuse of a child who is under twelve years of age and
may make a report of abuse of a child who is twelve years of age
or older, which would be defined as child abuse under section
232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
except that the abuse resulted from the acts or omissions of
a person other than a person responsible for the care of the
child.
Sec. 2. Section 232.69, subsection 1, paragraph b,
subparagraph (4), Code 2023, is amended to read as follows:
(4) A licensed school employee, certified para-educator,
holder of a coaching authorization issued under section 272.31,
school employee who is eighteen years of age or older, or an
instructor employed by a community college.
Sec. 3. Section 232.70, subsection 5, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0f. If the person making the report is a
licensed school employee who reasonably believes the person
responsible for the injury is also a licensed school employee,
the identity of the licensed school employee the person making
the report believes is responsible for the injury.
Sec. 4. Section 256.9, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 66. a. Develop and implement a process
for the reporting and investigation of any incident that arises
that may reasonably lead to the conclusion that any individual
who is employed by the board of directors of a school district,
the authorities in charge of an accredited nonpublic school,
or the governing board of a charter school, including an
individual with a license, endorsement, certification,
-1-authorization, or statement of recognition issued by the
board of educational examiners, has committed a felony or,
in the case of an individual with a license, endorsement,
certification, authorization, or statement of recognition
issued by the board of educational examiners, has engaged in
conduct described in section 272.15, subsection 1, paragraph
“a”, subparagraph (1), subparagraph divisions (a) through (d).
b. The process shall prohibit the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
from entering into any of the following:
(1) A written or oral agreement that prohibits the board
of directors of the school district, the authorities in charge
of an accredited nonpublic school, the governing board of
a charter school, an employee of the school district, the
accredited nonpublic school, or the charter school, or a
contractor of the school district, the accredited nonpublic
school, or the charter school from discussing an incident, past
performance or actions, past allegations leading to discipline
or adverse employment action, or employee resignation with any
governmental agent, governmental officer, or any potential
employer.
(2) A written or oral agreement that waives the liability
of an individual with a license, endorsement, certification,
authorization, or statement of recognition issued by the
board of educational examiners related to or arising from an
incident, past performance or action, or past allegations of
wrongdoing.
c. (1) The process shall require the board of directors
of a school district, the authorities in charge of an
accredited nonpublic school, and the governing board of a
charter school to provide all documentation and information
related to the incident to the board of educational examiners
for investigation if the employee who is the subject of the
incident and who has a license, endorsement, certification,
-2-authorization, or statement of recognition issued by the board
of educational examiners resigns or the employee’s contract is
terminated during the school district’s, accredited nonpublic
school’s, or charter school’s investigation of the incident.
(2) The process shall require the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
to finalize the investigation of the incident even if the
employee who is the subject of the incident and who does not
have a license, endorsement, certification, authorization, or
statement of recognition issued by the board of educational
examiners resigns or the employee’s contract is terminated
during the school district’s, accredited nonpublic school’s, or
charter school’s investigation of the incident.
d. The process shall require that, prior to hiring an
applicant for any position, the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
must conduct a review of the applicant’s employment history,
including by contacting the applicant’s previous employers
listed on the application for employment and by viewing the
board of educational examiners’ public license information to
determine if the applicant has a case pending with a finding of
probable cause or any licensure sanction.
e. The process shall require the board of directors of a
school district, the authorities in charge of an accredited
nonpublic school, and the governing board of a charter school
to maintain on forms prescribed by the department reference
information related to all employees of the school district,
accredited nonpublic school, or charter school, and respond to
any request for such information from a potential employer.
This paragraph shall not be construed to require the board of
directors of a school district, the authorities in charge of
an accredited nonpublic school, or the governing board of a
charter school to disclose unfounded, closed investigations.
-3-The board of directors of a school district, the authorities
in charge of an accredited nonpublic school, or the governing
board of a charter school shall be immune from any criminal
or civil liability arising from the disclosure of reference
information under this paragraph if the school district,
accredited nonpublic school, or charter school does not
knowingly disclose false information.
f. The board of directors of a school district, the
authorities in charge of an accredited nonpublic school, or
the governing board of a charter school, and contractors of
the school district, the accredited nonpublic school, or the
charter school shall be immune from any civil liability arising
from discussing an incident, past performance or actions,
past allegations leading to discipline or adverse employment
action, or employee resignation with any governmental agent,
governmental officer, or any potential employer.
g. If the board of educational examiners finds that the
board of directors of a school district, the authorities in
charge of an accredited nonpublic school, or the governing
board of a charter school has intentionally failed to follow
the process established by this subsection regarding an
incident, or the reporting requirements established pursuant
to section 272.15, related to an employee who holds a license,
endorsement, certification, authorization, or statement of
recognition issued by the board of educational examiners, any
administrator of the school district, the accredited nonpublic
school, or the charter school who intentionally failed to
ensure compliance with the process shall be subject to a
hearing conducted by the board of educational examiners.
h. If the department finds that the board of directors of
a school district, the authorities in charge of an accredited
nonpublic school, or the governing board of a charter school
has intentionally failed to follow the process established by
this subsection regarding an incident related to an employee
who does not hold a license, endorsement, certification,
-4-authorization, or statement of recognition issued by the board
of educational examiners, any administrator of the school
district, the accredited nonpublic school, or the charter
school who intentionally failed to ensure compliance with the
process shall be subject to a hearing conducted by the board of
educational examiners.
i. If the board of educational examiners finds that the
board of directors of a school district, the authorities in
charge of an accredited nonpublic school, or the governing
board of a charter school has intentionally concealed, or
attempted to conceal from any governmental agent, governmental
officer, or potential employer a founded incident, or any
conduct required to be reported pursuant to section 272.15,
related to an employee who holds a license, endorsement,
certification, authorization, or statement of recognition
issued by the board of educational examiners, any administrator
of the school district, the accredited nonpublic school, or the
charter school who intentionally assisted in the concealment,
or attempted concealment, of an incident, or any conduct
required to be reported pursuant to section 272.15, shall be
subject to a hearing conducted by the board of educational
examiners.
j. If the department finds that the board of directors of
a school district, the authorities in charge of an accredited
nonpublic school, or the governing board of a charter school
has intentionally concealed, or attempted to conceal from
any governmental agent, governmental officer, or potential
employer a founded incident related to an employee who does
not hold a license, endorsement, certification, authorization,
or statement of recognition issued by the board of educational
examiners, any administrator of the school district, the
accredited nonpublic school, or the charter school who
intentionally assisted in the concealment, or attempted
concealment, of an incident shall be subject to a hearing
conducted by the board of educational examiners.
-5- Sec. 5. NEW SECTION. 256.158A Required annual report to
general assembly.
Annually, on or before June 30 of each year, the board
shall submit to the general assembly a report that contains
information related to the number and types of disciplinary
hearings before the board, any trends in the number or types of
disciplinary hearings before the board, the number of hearings
requested under section 279.24, and any other information
deemed relevant by the board in order to inform the general
assembly of the status of the enforcement of the board’s rules.
The report shall not include any personally identifiable
information related to individuals who participated in hearings
before the board.
Sec. 6. Section 256E.7, subsection 2, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. 0j. Be subject to and comply with the
requirements of section 280.33 relating to the reporting and
investigation of an incident involving the possible commission
of a felony by any person who has been issued a license,
endorsement, certification, authorization, or statement of
recognition by the board of educational examiners in the same
manner as a school district.
NEW PARAGRAPH. 00j. Be subject to and comply with the
requirements of section 280.34 relating to the requirement
to view the board of educational examiners’ public license
information prior to hiring an individual who has been issued
a license, endorsement, certification, authorization, or
statement of recognition by the board of educational examiners
in the same manner as a school district.
Sec. 7. Section 272.2, subsection 15, Code 2023, is amended
to read as follows:
15. a. Adopt rules that require specificity in written
complaints that are filed by individuals who have personal
knowledge of an alleged violation and which are accepted by
the board, provide that the jurisdictional requirements as set
-6-by the board in administrative rule are met on the face of the
complaint before initiating an investigation of allegations,
provide that any investigation be limited to the allegations
contained on the face of the complaint, provide for an adequate
interval between the receipt of a complaint and public notice
of the complaint, permit parties to a complaint to mutually
agree to a resolution of the complaint filed with the board,
allow the respondent the right to review any investigative
report upon a finding of probable cause for further action by
the board, require that the conduct providing the basis for
the complaint occurred within three years of discovery of the
event by the complainant unless good cause can be shown for
an extension of this limitation, and require complaints to be
resolved within one hundred eighty days unless good cause can
be shown for an extension of this limitation, and require the
board to finalize the investigation of the written complaint
even if the licensed practitioner resigns or surrenders the
licensed practitioner’s license, certificate, authorization, or
statement of recognition during the investigation.
b. Adopt rules that require the collection and retention of
written complaints that are filed. If the board determines a
written complaint is not founded, the complaint and all records
related to the complaint shall be kept confidential and are not
subject to chapter 22.
c. Adopt rules that require the board to notify the public
when a licensed practitioner who is the subject of an ongoing
investigation initiated under paragraph “a” has a case pending
with a finding of probable cause. This paragraph shall not be
construed to require the board to disclose unfounded, closed
investigations initiated under paragraph “a”.
d. Adopt rules that require the evaluation of complaints
that did not result in any discipline or sanction if similar
complaints are filed against the same licensed practitioner.
e. Adopt rules that require the board to investigate an
administrator who is employed by the school that employs a
-7-licensed practitioner who is the subject of an investigation
initiated under paragraph “a”. The rules shall require
the board to investigate whether the administrator filed a
written complaint pursuant to this subsection and whether the
administrator was required to report to the board pursuant to
section 272.15.
Sec. 8. Section 272.3, Code 2023, is amended by striking the
section and inserting in lieu thereof the following:
272.3 Membership.
1. The board of educational examiners shall consist of
thirteen members, subject to the following requirements:
a. Four members shall be members of the general public
who have demonstrated an interest in education but have
never held a practitioner’s license. Two of the members
appointed pursuant to this paragraph shall be the parent or
guardian of a student who is currently enrolled in a school
district, accredited nonpublic school, or charter school,
shall not currently hold any elective office, and shall not
be an employee or contractor of a school district, accredited
nonpublic school, or charter school. One of the members
appointed pursuant to this paragraph shall have been or
currently be a member of the board of directors of a school
district.
b. Eight members shall be licensed practitioners. Three
of the members appointed pursuant to this paragraph shall be
administrators and one shall be an employee of an accredited
nonpublic school. The remaining four members appointed
pursuant to this paragraph shall be selected from the following
areas and specialties of the teaching profession:
(1) Elementary teachers.
(2) Secondary teachers.
(3) Special education or similar teachers.
(4) Counselors or other special purpose practitioners.
(5) School service personnel.
c. One member shall be the director of the department or the
-8-director’s designee.
2. The membership of the board shall comply with the
requirements of sections 69.16 and 69.16A. A quorum of the
board shall consist of seven members. Members shall elect a
chairperson of the board. Members, except for the director of
the department or the director’s designee, shall be appointed
by the governor subject to confirmation by the senate.
Sec. 9. Section 272.4, subsection 1, Code 2023, is amended
to read as follows:
1. Members, except for the director of the department of
education or the director’s designee, shall be appointed to
serve staggered terms of four years. A member shall not serve
more than two consecutive terms, except for the director of the
department of education or the director’s designee, who shall
serve until the director’s term of office expires. A member of
the board, except for the two public members and the director
of the department of education or the director’s designee, who
is a licensed practitioner appointed pursuant to section 272.3,
subsection 1, paragraph “b”, shall hold a valid practitioner’s
license during the member’s term of office. A vacancy exists
when any of the following occur:
a. A nonpublic member’s license The license of a licensed
practitioner appointed pursuant to section 272.3, subsection 1,
paragraph “b”, expires, is suspended, or is revoked.
b. A nonpublic member licensed practitioner appointed
pursuant to section 272.3, subsection 1, paragraph “b”, retires
or terminates employment as a practitioner.
c. A member dies, resigns, is removed from office, or is
otherwise physically unable to perform the duties of office.
d. A member’s term of office expires.
Sec. 10. NEW SECTION. 280.33 Incidents related to licensed
practitioners — reporting and investigation.
The board of directors of a school district and the
authorities in charge of each accredited nonpublic school shall
follow the process created by the department of education
-9-pursuant to section 256.9, subsection 66, related to the
reporting and investigation of an incident involving the
possible commission of a felony by any employee of the board of
directors of the school district or the authorities in charge
of the accredited nonpublic school.
Sec. 11. NEW SECTION. 280.34 Requirement to view public
license information.
Prior to hiring an individual who has been issued a license,
endorsement, certification, authorization, or statement of
recognition by the board of educational examiners, a school
district or an accredited nonpublic school, as applicable,
shall view the board of educational examiners’ public license
information to determine if the individual has a case pending
with a finding of probable cause or any licensure sanction.
This section shall not be construed to require the board
of educational examiners to disclose unfounded, closed
investigations.
Sec. 12. APPLICABILITY. The following apply to the
governor’s appointments to the board of educational examiners
on or after the effective date of this Act:
1. The section of this Act amending section 272.3.
2. The section of this Act amending section 272.4,
subsection l.
-10-______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 430, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorjda/jh/md