House File 2151 - Introduced HOUSE FILE 2151 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 566) A BILL FOR An Act relating to education by modifying provisions related 1 to a process for investigating complaints against school 2 employees and the responsibilities of the department of 3 education and the board of educational examiners. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5410HV (1) 90 jda/jh
H.F. 2151 Section 1. Section 256.9, subsection 67, Code 2024, is 1 amended by striking the subsection. 2 Sec. 2. Section 256.146, Code 2024, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 25. a. Develop and implement a process 5 for the reporting and investigation of any incident that arises 6 that may reasonably lead to the conclusion that any individual 7 who is employed by the board of directors of a school district, 8 the authorities in charge of an accredited nonpublic school, 9 or the governing board of a charter school, including an 10 individual with a license, endorsement, certification, 11 authorization, or statement of recognition issued by the 12 board of educational examiners, has committed a felony or, 13 in the case of an individual with a license, endorsement, 14 certification, authorization, or statement of recognition 15 issued by the board of educational examiners, has engaged in 16 conduct described in section 256.160, subsection 1, paragraph 17 a , subparagraph (1). 18 b. The process shall prohibit the board of directors of a 19 school district, the authorities in charge of an accredited 20 nonpublic school, and the governing board of a charter school 21 from entering into any of the following: 22 (1) A written or oral agreement that prohibits the board 23 of directors of the school district, the authorities in charge 24 of an accredited nonpublic school, the governing board of 25 a charter school, an employee of the school district, the 26 accredited nonpublic school, or the charter school, or a 27 contractor of the school district, the accredited nonpublic 28 school, or the charter school from discussing an incident, past 29 performance or actions, past allegations leading to discipline 30 or adverse employment action, or employee resignation with any 31 governmental agent, governmental officer, or any potential 32 employer. 33 (2) A written or oral agreement that waives the liability 34 of an individual with a license, endorsement, certification, 35 -1- LSB 5410HV (1) 90 jda/jh 1/ 7
H.F. 2151 authorization, or statement of recognition issued by the 1 board of educational examiners related to or arising from an 2 incident, past performance or action, or past allegations of 3 wrongdoing. 4 c. (1) The process shall require the board of directors 5 of a school district, the authorities in charge of an 6 accredited nonpublic school, and the governing board of a 7 charter school to provide all documentation and information 8 related to the incident to the board of educational examiners 9 for investigation if the employee who is the subject of the 10 incident and who has a license, endorsement, certification, 11 authorization, or statement of recognition issued by the board 12 of educational examiners resigns or the employees contract is 13 terminated during the school districts, accredited nonpublic 14 schools, or charter schools investigation of the incident. 15 (2) The process shall require the board of directors of a 16 school district, the authorities in charge of an accredited 17 nonpublic school, and the governing board of a charter school 18 to finalize the investigation of the incident even if the 19 employee who is the subject of the incident and who does not 20 have a license, endorsement, certification, authorization, or 21 statement of recognition issued by the board of educational 22 examiners resigns or the employees contract is terminated 23 during the school districts, accredited nonpublic schools, or 24 charter schools investigation of the incident. 25 d. The process shall require that, prior to hiring an 26 applicant for any position, the board of directors of a 27 school district, the authorities in charge of an accredited 28 nonpublic school, and the governing board of a charter school 29 must conduct a review of the applicants employment history, 30 including by contacting the applicants previous employers 31 listed on the application for employment and by viewing the 32 board of educational examiners public license information to 33 determine if the applicant has a case pending with a finding of 34 probable cause or any licensure sanction. 35 -2- LSB 5410HV (1) 90 jda/jh 2/ 7
H.F. 2151 e. The process shall require the board of directors of a 1 school district, the authorities in charge of an accredited 2 nonpublic school, and the governing board of a charter school 3 to maintain on forms prescribed by the board of educational 4 examiners reference information related to all employees of 5 the school district, accredited nonpublic school, or charter 6 school, and respond to any request for such information from 7 a potential employer. This paragraph shall not be construed 8 to require the board of directors of a school district, the 9 authorities in charge of an accredited nonpublic school, or 10 the governing board of a charter school to disclose unfounded, 11 closed investigations. The board of directors of a school 12 district, the authorities in charge of an accredited nonpublic 13 school, or the governing board of a charter school shall be 14 immune from any criminal or civil liability arising from the 15 disclosure of reference information under this paragraph if the 16 school district, accredited nonpublic school, or charter school 17 does not knowingly disclose false information. 18 f. The board of directors of a school district, the 19 authorities in charge of an accredited nonpublic school, or 20 the governing board of a charter school, and contractors of 21 the school district, the accredited nonpublic school, or the 22 charter school shall be immune from any civil liability arising 23 from discussing an incident, past performance or actions, 24 past allegations leading to discipline or adverse employment 25 action, or employee resignation with any governmental agent, 26 governmental officer, or any potential employer. 27 g. If, after investigation, the board of educational 28 examiners determines that the board of directors of a 29 school district, the authorities in charge of an accredited 30 nonpublic school, or the governing board of a charter school 31 has intentionally failed to follow the process established 32 by this subsection regarding an incident, or the reporting 33 requirements established pursuant to section 256.160, related 34 to an employee who holds a license, endorsement, certification, 35 -3- LSB 5410HV (1) 90 jda/jh 3/ 7
H.F. 2151 authorization, or statement of recognition issued by the board 1 of educational examiners, any administrator of the school 2 district, the accredited nonpublic school, or the charter 3 school who intentionally failed to ensure compliance with the 4 process shall be subject to a hearing conducted by the board of 5 educational examiners. 6 h. If, after investigation, the board of educational 7 examiners determines that the board of directors of a school 8 district, the authorities in charge of an accredited nonpublic 9 school, or the governing board of a charter school has 10 intentionally failed to follow the process established by 11 this subsection regarding an incident related to an employee 12 who does not hold a license, endorsement, certification, 13 authorization, or statement of recognition issued by the board 14 of educational examiners, any administrator of the school 15 district, the accredited nonpublic school, or the charter 16 school who intentionally failed to ensure compliance with the 17 process shall be subject to a hearing conducted by the board of 18 educational examiners. 19 i. If, after investigation, the board of educational 20 examiners determines that the board of directors of a school 21 district, the authorities in charge of an accredited nonpublic 22 school, or the governing board of a charter school has 23 intentionally concealed, or attempted to conceal from any 24 governmental agent, governmental officer, or potential employer 25 a founded incident, or any conduct required to be reported 26 pursuant to section 256.160, related to an employee who holds 27 a license, endorsement, certification, authorization, or 28 statement of recognition issued by the board of educational 29 examiners, any administrator of the school district, the 30 accredited nonpublic school, or the charter school who 31 intentionally assisted in the concealment, or attempted 32 concealment, of an incident, or any conduct required to be 33 reported pursuant to section 256.160, shall be subject to a 34 hearing conducted by the board of educational examiners. 35 -4- LSB 5410HV (1) 90 jda/jh 4/ 7
H.F. 2151 j. If, after investigation, the board of educational 1 examiners finds that the board of directors of a school 2 district, the authorities in charge of an accredited nonpublic 3 school, or the governing board of a charter school has 4 intentionally concealed, or attempted to conceal from any 5 governmental agent, governmental officer, or potential employer 6 a founded incident related to an employee who does not hold 7 a license, endorsement, certification, authorization, or 8 statement of recognition issued by the board of educational 9 examiners, any administrator of the school district, the 10 accredited nonpublic school, or the charter school who 11 intentionally assisted in the concealment, or attempted 12 concealment, of an incident shall be subject to a hearing 13 conducted by the board of educational examiners. 14 k. (1) Annually, on or before June 30 of each year, the 15 board of educational examiners shall submit to the general 16 assembly a report that contains information related to all of 17 the following: 18 (a) The number and types of disciplinary hearings before the 19 board of educational examiners. 20 (b) Any trends in the number or types of disciplinary 21 hearings before the board of educational examiners. 22 (c) The number of board of educational examiners 23 investigations of the employees of school districts, accredited 24 nonpublic schools, or charter schools who do not hold a 25 license, endorsement, certification, authorization, or 26 statement of recognition issued by the board of educational 27 examiners, that the board of educational examiners referred to 28 a law enforcement agency. 29 (d) Any other information deemed relevant by the board of 30 educational examiners in order to inform the general assembly 31 of the status of the enforcement of the board of educational 32 examiners rules. 33 (2) The report shall not include any personally 34 identifiable information related to investigations referred to 35 -5- LSB 5410HV (1) 90 jda/jh 5/ 7
H.F. 2151 a law enforcement agency. 1 Sec. 3. Section 280.34, Code 2024, is amended to read as 2 follows: 3 280.34 Incidents related to licensed practitioners 4 reporting and investigation. 5 The board of directors of a school district and the 6 authorities in charge of each accredited nonpublic school shall 7 follow the process created by the department of education board 8 of educational examiners pursuant to section 256.9, subsection 9 67 256.146, subsection 25 , related to the reporting and 10 investigation of an incident involving the possible commission 11 of a felony by any employee of the board of directors of the 12 school district or the authorities in charge of the accredited 13 nonpublic school. 14 Sec. 4. REPEAL. Section 256.158A, Code 2024, is repealed. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill relates to education by modifying provisions 19 related to a process for investigating complaints against 20 school employees and the responsibilities of the department of 21 education (DE) and the board of educational examiners (BOEE). 22 Current law requires the director of DE to develop and 23 implement a process for the reporting and investigation of 24 any incident that arises that may reasonably lead to the 25 conclusion that any individual who is employed by the board 26 of directors of a school district, the authorities in charge 27 of an accredited nonpublic school, or the governing board of 28 a charter school has committed a felony or, in the case of 29 an individual with a license, endorsement, certification, 30 authorization, or statement of recognition issued by the 31 BOEE, has engaged in other prohibited conduct. Current law 32 also establishes required elements of this process, including 33 prohibiting schools from entering into certain agreements, 34 requiring schools to provide documentation related to 35 -6- LSB 5410HV (1) 90 jda/jh 6/ 7
H.F. 2151 certain incidents to the BOEE, requiring schools to conduct 1 a review of an applicants employment history and public 2 license information, requiring schools to maintain reference 3 information related to employees and respond to requests 4 for such information from potential employers, establishing 5 immunities for disclosure of certain information by schools, 6 and establishing enforcement mechanisms. The bill transfers 7 all of the authority related to developing and implementing 8 this process from DE to the BOEE. 9 The bill requires that the BOEE include in its annual 10 report to the general assembly information related to the 11 number of BOEE investigations of school employees who do not 12 hold a license, endorsement, certification, authorization, 13 or statement of recognition that the BOEE referred to a law 14 enforcement agency. The bill establishes that the BOEEs 15 annual report shall not include any personally identifiable 16 information related to investigations referred to a law 17 enforcement agency. 18 -7- LSB 5410HV (1) 90 jda/jh 7/ 7