Senate Study Bill 3043 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act modifying the board of educational examiners reporting 1 requirements related to the investigation of complaints 2 against licensees and nonlicensed school employees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5391XD (2) 90 jda/jh
S.F. _____ H.F. _____ Section 1. Section 256.158, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. a. All Subject to paragraph b , all complaint files, 3 investigation files, other investigation reports, and other 4 investigative information in the possession of the board or 5 its employees or agents, which relate to licensee discipline 6 or the investigation of nonlicensed school employees , are 7 privileged and confidential, and are not subject to discovery, 8 subpoena, or other means of legal compulsion for their release 9 to a person other than the respondent and the board and 10 its employees and agents involved in licensee discipline or 11 the investigation of nonlicensed school employees , and are 12 not admissible in evidence in a judicial or administrative 13 proceeding other than the proceeding involving licensee 14 discipline. A complaint, any amendment to a complaint, and 15 any supporting documents shall be provided to the respondent 16 immediately upon the boards determination that jurisdictional 17 requirements have been met and prior to the commencement of the 18 boards investigation of a licensee . Investigative information 19 in the possession of the board or its employees or agents which 20 relates to licensee discipline may be disclosed to appropriate 21 licensing authorities within this state, the appropriate 22 licensing authority in another state, the District of Columbia, 23 or a territory or country in which the licensee is licensed 24 or has applied for a license. A final written decision and 25 finding of fact of the board in a disciplinary proceeding is a 26 public record. 27 b. Notwithstanding paragraph a , if the investigative 28 information in the possession of the board or its employees 29 or agents indicates that a crime has been committed by either 30 a licensee or a nonlicensed school employee, the board shall 31 report the investigative information to the proper law 32 enforcement agency. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 5391XD (2) 90 jda/jh 1/ 2
S.F. _____ H.F. _____ the explanations substance by the members of the general assembly. 1 This bill modifies the board of educational examiners 2 (BOEE) reporting requirements related to the investigation of 3 complaints against licensees and nonlicensed school employees. 4 Current law provides that all investigative information 5 in the possession of the BOEE, which relates to licensee 6 discipline, is privileged and confidential, and is not subject 7 to discovery, subpoena, or other means of legal compulsion 8 for their release to a person other than the respondent and 9 the BOEE, and are not admissible in evidence in a judicial 10 or administrative proceeding other than the proceeding 11 involving licensee discipline. The bill provides that these 12 same protections apply to the investigation of a nonlicensed 13 school employee. Additionally, the bill establishes that, 14 notwithstanding these protections, if the investigative 15 information in the possession of the BOEE indicates that 16 a crime has been committed by either a licensee or a 17 nonlicensed school employee, the BOEE is required to report the 18 investigative information to the proper law enforcement agency. 19 -2- LSB 5391XD (2) 90 jda/jh 2/ 2