House Study Bill 568 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to mandatory reporting to the board of 1 educational examiners of licensed school employees who 2 engage in grooming behavior toward students or the abuse of 3 students. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5396XD (7) 90 jda/jh
S.F. _____ H.F. _____ Section 1. Section 256.160, subsection 1, paragraph a, 1 subparagraph (1), subparagraph division (a), Code 2024, is 2 amended by striking the subparagraph division and inserting in 3 lieu thereof the following: 4 (a) Soliciting, encouraging, or consummating any of the 5 following: 6 (i) A romantic or physical relationship with a student. 7 (ii) Grooming behavior toward a student. 8 (iii) An otherwise inappropriate relationship with a 9 student. 10 Sec. 2. Section 256.160, subsection 1, paragraph a, 11 subparagraph (1), Code 2024, is amended by adding the following 12 new subparagraph division: 13 NEW SUBPARAGRAPH DIVISION . (e) Abusing a student. 14 Sec. 3. Section 256.160, subsection 1, paragraph a, 15 subparagraph (2), Code 2024, is amended to read as follows: 16 (2) The board of directors of a school district or area 17 education agency, the superintendent of a school district, 18 the chief administrator of an area education agency, and 19 the authorities in charge of an accredited nonpublic school 20 shall report to the board the nonrenewal or termination, for 21 reasons of alleged or actual misconduct, of a persons contract 22 executed under sections 279.12 , 279.13 , 279.15 , 279.16 , 279.18 23 through 279.21 , 279.23 , and 279.24 , and the resignation of 24 a person who holds a license, certificate, or authorization 25 issued by the board as a result of or following an incident 26 or allegation of misconduct that, if proven, would constitute 27 a violation of the rules adopted by the board to implement 28 section 256.146, subsection 13 , paragraph b , subparagraph 29 (1); soliciting, encouraging, or consummating a romantic or 30 physical relationship with a student, grooming behavior toward 31 a student, or an otherwise inappropriate relationship with 32 a student; falsifying student grades, test scores, or other 33 official information or material; or converting public property 34 or funds to the personal use of the school employee ; or abusing 35 -1- LSB 5396XD (7) 90 jda/jh 1/ 3
S.F. _____ H.F. _____ a student , when the board or reporting official has a good 1 faith belief that the incident occurred or the allegation is 2 true. The board may deny a license or revoke the license 3 of an administrator if the board finds by a preponderance 4 of the evidence that the administrator failed to report the 5 termination or resignation of a school employee holding a 6 license, certificate, statement of professional recognition, 7 or coaching authorization, for reasons of alleged or actual 8 misconduct, as defined by this section . 9 Sec. 4. Section 256.160, subsection 1, paragraph c, Code 10 2024, is amended by striking the paragraph. 11 Sec. 5. Section 256.160, Code 2024, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 5. For purposes of this section: 14 a. Grooming behavior means engaging in a pattern of 15 flirtatious behavior, making any effort to gain unreasonable 16 access to, or time alone with any student with no discernible 17 educational purpose, engaging in any behavior that can 18 reasonably be construed as involving an inappropriate, overly 19 personal, or intimate relationship with or conduct toward or 20 focus on a student, and engaging in any other individualized, 21 special treatment not in compliance with generally accepted 22 educational practices. 23 b. Misconduct means an action disqualifying an applicant 24 for a license or causing the license of a person to be revoked 25 or suspended in accordance with the rules adopted by the board 26 to implement section 256.146, subsection 13, paragraph b , 27 subparagraph (1). 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanations substance by the members of the general assembly. 31 This bill relates to mandatory reporting to the board of 32 educational examiners of licensed school employees who engage 33 in grooming behavior toward students of the abuse of students. 34 Current law requires the board of directors of a school 35 -2- LSB 5396XD (7) 90 jda/jh 2/ 3
S.F. _____ H.F. _____ district or area education agency, the superintendent of a 1 school district, the chief administrator of an area education 2 agency, and the authorities in charge of an accredited 3 nonpublic school, to report to the board of educational 4 examiners any instance of disciplinary action taken against a 5 licensed school employee for conduct constituting soliciting, 6 encouraging, or consummating a romantic or otherwise 7 inappropriate relationship with a student. The bill adds that 8 such a report is also required to be made for conduct that 9 constitutes grooming behavior toward a student or for conduct 10 that constitutes abusing a student. 11 The bill defines grooming behavior as engaging in a 12 pattern of flirtatious behavior, making any effort to gain 13 unreasonable access to, or time alone with any student with 14 no discernible educational purpose, engaging in any behavior 15 that can reasonably be construed as involving an inappropriate, 16 overly personal, or intimate relationship with or conduct 17 toward or focus on a student, and engaging in any other 18 individualized, special treatment not in compliance with 19 generally accepted educational practices. 20 The bill makes conforming changes, including by moving the 21 definition of misconduct within Code section 256.160. 22 -3- LSB 5396XD (7) 90 jda/jh 3/ 3