Senate Study Bill 3050 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act modifying provisions related to the time in which the 1 board of educational examiners can investigate complaints 2 relating to licensed school employees having romantic or 3 otherwise inappropriate relationships with students. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5350XD (4) 90 jda/jh
S.F. _____ H.F. _____ Section 1. Section 256.146, subsection 14, paragraph a, 1 Code 2024, is amended to read as follows: 2 a. Adopt rules that require specificity in written 3 complaints that are filed by individuals who have personal 4 knowledge of an alleged violation and which are accepted by 5 the board, provide that the jurisdictional requirements as set 6 by the board in administrative rule are met on the face of the 7 complaint before initiating an investigation of allegations, 8 provide that any investigation be limited to the allegations 9 contained on the face of the complaint, provide for an adequate 10 interval between the receipt of a complaint and public notice 11 of the complaint, permit parties to a complaint to mutually 12 agree to a resolution of the complaint filed with the board, 13 allow the respondent the right to review any investigative 14 report upon a finding of probable cause for further action 15 by the board, require that the conduct providing the basis 16 for the complaint occurred within three years of discovery of 17 the event by the complainant unless good cause can be shown 18 for an extension of this limitation or unless the conduct 19 constitutes conduct described in section 256.160, subsection 20 1, paragraph a , subparagraph (1), subparagraph division (a) , 21 require complaints to be resolved within one hundred eighty 22 days unless good cause can be shown for an extension of this 23 limitation, and require the board to finalize the investigation 24 of the written complaint even if the licensed practitioner 25 resigns or surrenders the licensed practitioners license, 26 certificate, authorization, or statement of recognition during 27 the investigation. 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 modifies provisions related to the time in which 32 the board of educational examiners (BOEE) can investigate 33 complaints relating to licensed school employees having 34 romantic or otherwise inappropriate relationships with 35 -1- LSB 5350XD (4) 90 jda/jh 1/ 2
S.F. _____ H.F. _____ students. Current law requires the BOEE to adopt rules 1 related to the filing of complaints against individuals who 2 hold a license, certificate, authorization, or statement of 3 recognition issued by the BOEE. Current law also requires 4 that the conduct providing the basis for the complaint to have 5 occurred within three years of discovery of the event by the 6 complainant unless good cause can be shown for an extension 7 of the three-year limitation. The bill provides that the 8 three-year limitation shall also not apply if the conduct 9 constitutes soliciting, encouraging, or consummating a romantic 10 or otherwise inappropriate relationship with a student. 11 -2- LSB 5350XD (4) 90 jda/jh 2/ 2