Iowa 2023-2024 Regular Session Status: Enacted

HF 430 — A bill for an act relating 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.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on May 26, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

357 added · 380 removed

357 line(s) added, 380 removed.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R May 26.2023 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines.Iowa 50319 Dear Mr.Secretary, 1herebytransmit:
House File 430 - Enrolled House File 430 AN ACT RELATING 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.
HouseFile430.anActrelatingtoeducation,includingrequirementsrelatedtomandatory reporters,aprocessforinvestigatingcomplaintsagainstschoolemployees,andthe responsibilitiesofthedepartmentofeducation,schooldisticts,charterschools, accreditednonpublicschools,andtheboardofeducationalexaminers,modifyingthe membershipoftheboardofeducationalexaminers,andincludingapplicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouse Fileisherebyapprovedonthisdate.
Sincei-ely K i m Govern^' cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV HtGHT •iTTrnnm MAINTAI G E N E R A L A S S E M B I .Y tr!iiiHi»uii»HUiiiimniiitnRiDiiKiHiiii»ntni)iiiniiiiiminiiiKUi8Hiiiniiiu»iiiiHiiiiiniiiiuiBuniiiiiinniminiiiiiiaiiiiBin»iiiHniESst!E!iniiiiiiiiiiiiiiisi!:;;i!'i! H o u s e F4 3 0e A NA C T RELATING TO EDUCATION, INCLUDING REQUIREMENTS RELATED TO M A N D A T O R Y R E P O R T E R S , I N V E S T I GC O M P L A I N T S AGAINST SCHOOL EMPLOYEES, AND THE RESPONSIBILITIES OF T H E D E P A R T M E N T O F E D U C A T I O N , S C H O O L D I S T R I C T S , C H A R T E R SCHOOLS, ACCREDITED NONPUBLIC SCHOOLS, AND THE BOARD OF E D U C A T I O N A L E X A M I N E T H E M E M B E R S H I P O F T H E B O A R D O F E D U C A T I O N A L E XI N C L U DA P P L I C A B I L I T Y P R O V I S I O N S .
B E IT E N A C T ET H E G E N E R A L A S S E M S T A T E I O W A :
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 ia twelve years of age or older, which would be defined a s child abuse under section 232.68, subsection 2, paragraph 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 c h i l d .
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.
NEW PARAGRAPH.
NEW PARAGRAPH .
Of, 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.
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.
NEW SUBSECTION.
NEW SUBSECTION .
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, 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 subparagraph (1), subparagraph divisions (a) through (d).
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, 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).
(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 House Pile 430, p.
(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 House File 430, p.
(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 t o the incident t o the board o f educational examiners for investigation if the employee who is the subject of the incident and who has 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.
(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, 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.
(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.
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 House File 430, p.
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 House File 430, p.
f .
f.
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, 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 e d u c a t i o n a l e x a m i n e r s .
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, 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 .
i.
If the board of educational examiners f i n d s 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 e x a m i n e r s .
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.
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.
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 b e f ot h eb o a r d .
The report shall not include any personally identifiable information related to individuals who participated in hearings before the board.
NEW PARAGRAPH.
NEW PARAGRAPH .
Oj, 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 m a n na sa s c h od i s t r i c t .
0j.
NEW PARAGRAPH.
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.
OOj.
NEW PARAGRAPH .
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 i nt h s a m m a n na s as c h od i s t r i c t .
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.
7 .
7.
Section 272.2, subsection 1 5 , Code 2023, is amended t or e aa s f o l l o w s :
Section 272.2, subsection 15, Code 2023, is amended to read as follows:
a.
7 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, 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.
7 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 .
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.
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 , d.
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 board to investigate an administrator who is employed by the school that employs a licensed practitioner who is the subject of an investigation initiated under paragraph , The rules shall require the board to investigate whether the administrator filed a written complaint pursuant to this subsection and whether the House File 430, p.
Adopt rules that require the board to investigate an administrator who is employed by the school that employs a licensed practitioner who is the subject of an investigation initiated under paragraph “a”.
8 administrator was required to report to the board pursuant to s e c t 2 7 2 .
The rules shall require the board to investigate whether the administrator filed a written complaint pursuant to this subsection and whether the House File 430, p.
1 5 .
8 administrator was required to report to the board pursuant to section 272.15.
Four members shall be members of the general public who have demonstrated an interest in education but have never held a practitioner's license.
Four members shall be members of the general public who have demonstrated an interest in education but have never held a practitioner’s license.
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 d i s t r i c t .
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.
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( 1 )Elementary teachers.
(1) Elementary teachers.
One member shall be the director of the department or the director's designee.
One member shall be the director of the department or the director’s designee.
A quorum of the b o a s h a l l c o n s s e v m e m b e rM e m b s h a l l e l e c t a chairperson of the board.
A quorum of the board shall consist of seven members.
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.
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.
Section 272.4, subsection 1 , Code 2023, is amended House File 430, p.
Section 272.4, subsection 1, Code 2023, is amended House File 430, p.
9 t o read a s f o l l o w s ;
9 to read as follows:
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.
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 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 membero and the director of the department of education or—the director'a designee# who is a licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph , shall hold a valid practitioner's license during the member's term of office.
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, A nonpublic member's license The license of a licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph expires, is suspended, or is revoked.
a.
b, A nonpublic member licensed practitioner appointed pursuant to section 272.3, subsection 1, paragraph retires or terminates employment as a practitioner.
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.
c, A member dies, resigns, is removed from office, or is otherwise physically unable to perform the duties of office.
b.
d, A member's term of office expires.
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.
1 0 .
10.
280.33 Incidents related to licensed practitioners — reporting and investigation.
280.33 Incidents related to licensed practitioners —— reporting and investigation.
T h board o f d i r e c t o s c h o o l d i s t rt h et a n d authorities in charge of each accredited nonpublic school shall follow the process created by the department of education 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.
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 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.
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 House File 430, p.
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 House File 430, p.
The following apply to the governor's appointments to the board of educational examiners o n or a f t e t h e e f f e c t i v e d a tt h i s A c t ;
The following apply to the governor’s appointments to the board of educational examiners on or after the effective date of this Act:
The section of this Act amending section 272.4, s u b s e c t i o n 1 .
The section of this Act amending section 272.4, subsection l.
P A TG R A S S L ] A M YS I N O L A I R Speaker of the House P r e s i d e n tt h e S e n a t e I hereby certify that this bill originated in the House and is known as House File 430, Ninetieth General Assembly.
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 430, Ninetieth General Assembly.
M E G H N E L S O N Cle«^k o f t h e H o u s e Approved 2 0 2 3 K I MR E Y N O L D S G o v e r n o
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Amendments

4 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Message from House.

  4. Immediate message.

  5. Passed House, yeas 92, nays 1.

  6. House concurred in Senate amendment H-1349.

  7. Senate amendment H-1349 filed.

  8. Message from Senate.

  9. Immediate message.

  10. Passed Senate, yeas 48, nays 0.

  11. Amendment S-3210 filed, adopted.

  12. Placed on calendar under unfinished business.

  13. Committee report, recommending passage.

  14. Subcommittee recommends amendment and passage. [].

  15. Subcommittee Meeting: 03/29/2023 10:00AM Room 217 Conference Room.

  16. Subcommittee: Cournoyer, Donahue, and Sinclair.

  17. Read first time, referred to Education.

  18. Message from House.

  19. Immediate message.

  20. Passed House, yeas 68, nays 29.

  21. Amendment H-1064 adopted.

  22. Amendment H-1061, yeas 34, nays 63, lost.

  23. Amendments H-1061 and H-1064 filed.

  24. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON EDUCATION · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON EDUCATION

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

labor education
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Frequently asked questions

Who sponsors HF 430?
HF 430 is sponsored by COMMITTEE ON EDUCATION.
What is the current status of HF 430?
This bill has been enacted into law. Introduced February 24, 2023. Enacted.
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