Iowa 2023-2024 Regular Session Status: Enacted

HF 2487 — A bill for an act relating to education, including by modifying provisions related to mandatory reporting to the board of educational examiners of certain specified school employees, complaints against school employees and the investigation of complaints against school employees, and the responsibilities of the department of education and the board of educational examiners.

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 13, 2024. Enacted.

Signed by Governor Kim Reynolds (Republican) on April 19, 2024.

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.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

357 added · 384 removed

357 line(s) added, 384 removed.

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KMRENODS O FICE OF THE GOVERNOR AAMGRGG GVENOR TGOEROR pil9,04 heHnralealPte ertayofaeofoa tteaiol esMies,oa5319 Darr.ertr, Ieeytasi:
House File 2487 - Enrolled House File 2487 AN ACT RELATING TO EDUCATION, INCLUDING BY MODIFYING PROVISIONS RELATED TO MANDATORY REPORTING TO THE BOARD OF EDUCATIONAL EXAMINERS OF CERTAIN SPECIFIED SCHOOL EMPLOYEES, COMPLAINTS AGAINST SCHOOL EMPLOYEES AND THE INVESTIGATION OF COMPLAINTS AGAINST SCHOOL EMPLOYEES, AND THE RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION AND THE BOARD OF EDUCATIONAL EXAMINERS.
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A 15 51 ••I •• T 1I •" I il1 :1il l il"Gi!1'l ::1IJII 1 1C;:"il1 1::"1 1 JiP±11 II House File 2487 AN ACT RELATING TO EDUCATION, INCLUDING BY MODIFYING PROVISIONS RELATED TO MANDATORY REPORTING TO THE BOARD OF EDUCATIONAL EXAMINERS OF CERTAIN SPECIFIED SCHOOL EMPLOYEES, COMPLAINTS AGAINST SCHOOL EMPLOYEES AND THE INVESTIGATION OF COMPLAINTS AGAINST SCHOOL EMPLOYEES, AND THE RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION AND THE BOARD OF EDUCATIONAL EXAMINERS.
DIVISION I BOARD OF EDUCATIONAL EXAMINERS — MANDATORY REPORTING Section 1 .
DIVISION I BOARD OF EDUCATIONAL EXAMINERS —— MANDATORY REPORTING Section 1.
Section 256.160, subsection 1 , paragraph a , subparagraph (1), subparagraph division (a), Code 2024, is amended by striking the subparagraph division and inserting in lieu thereof the following:
Section 256.160, subsection 1, paragraph a, subparagraph (1), subparagraph division (a), Code 2024, is amended by striking the subparagraph division and inserting in lieu thereof the following:
2 .
2.
Section 256.160, subsection 1 , paragraph a, subparagraph (1), Code 2024, is amended by adding the following new subparagraph division:
Section 256.160, subsection 1, paragraph a, subparagraph (1), Code 2024, is amended by adding the following new subparagraph division:
NEW SUBPARAGRAPH DIVISION.
NEW SUBPARAGRAPH DIVISION .
3 .
3.
Section 256.160, subsection 1 , paragraph a, House File 2487, p .
Section 256.160, subsection 1, paragraph a, House File 2487, p.
(2) The board of directors of a school district or area education agency, the superintendent of a school district, the chief administrator of an area education agency, and the authorities in charge of an accredited nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person's contract executed under sections 279.12, 279.13, 279.15, 279.16, 279.18 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by the board to implement section 256.146, subsection 13, paragraph "b -, subparagraph (1);
(2) The board of directors of a school district or area education agency, the superintendent of a school district, the chief administrator of an area education agency, and the authorities in charge of an accredited nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person’s contract executed under sections 279.12, 279.13, 279.15, 279.16, 279.18 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by the board to implement section 256.146, subsection 13, paragraph “b”, subparagraph (1);
e -r-converting public property or funds to the personal use of the school employee;
or converting public property or funds to the personal use of the school employee;
or abusing a student, when the board or reporting official has a good faith belief that the incident occurred or the allegation is true.
or abusing a student , when the board or reporting official has a good faith belief that the incident occurred or the allegation is true.
Section 256.160, subsection 1 , paragraph c, Code 2024, is amended by striking the paragraph.
Section 256.160, subsection 1, paragraph c, Code 2024, is amended by striking the paragraph.
NEW SUBSECTION.
NEW SUBSECTION .
"Grooming behavior - means any behavior, which in light of all relevant circumstances, constitutes actions to entice House File 2487, p.
“Grooming behavior” means any behavior, which in light of all relevant circumstances, constitutes actions to entice House File 2487, p.
-Inappropriate relationship"" means any of the following:
“Inappropriate relationship” means any of the following:
Misconduct -means an action disqualifying an applicant for a license or causing the license of a person to be revoked or suspended in accordance with the rules adopted by the board to implement section 256.146, subsection 13, paragraph b -, subparagraph ( 1).
“Misconduct” means an action disqualifying an applicant for a license or causing the license of a person to be revoked or suspended in accordance with the rules adopted by the board to implement section 256.146, subsection 13, paragraph “b”, subparagraph (1).
DIVISION II BOARD OF EDUCATIONAL EXAMINERS — PROCESS FOR INVESTIGATING COMPLAINTS Sec.
DIVISION II BOARD OF EDUCATIONAL EXAMINERS —— PROCESS FOR INVESTIGATING COMPLAINTS Sec.
NEW SUBSECTION.
NEW SUBSECTION .
(1) 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 256.160, subsection 1, paragraph " a-, subparagraph ( 1).
(1) 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 256.160, subsection 1, paragraph “a”, subparagraph (1).
() The process must require the board of educational examiners to assign a unique identifier to each incident that is reported.
(2) The process must require the board of educational examiners to assign a unique identifier to each incident that is reported.
4 the unique identifier to the person who reported the incident and to the employee who is the subject of the incident, and the unique identifier must be able to be used to search the board of educational examiners' internet site to determine the current status of the investigation of the incident, including the date of the most recently taken action.
4 the unique identifier to the person who reported the incident and to the employee who is the subject of the incident, and the unique identifier must be able to be used to search the board of educational examiners’ internet site to determine the current status of the investigation of the incident, including the date of the most recently taken action.
() A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing.
(2) A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing.
( 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, House File 2487, 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 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, House File 2487, p.
5 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.
5 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.
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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 probable cause or any licensure sanction.
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 probable cause or any licensure sanction.
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 shall be immune from any criminal or civil liability arising from the House File 2487, p .
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 shall be immune from any criminal or civil liability arising from the House File 2487, p.
House File 2487, p .
House File 2487, p.
( 1) Annually, on or before June 30 of each year, the board of educational examiners shall submit to the general assembly a report that contains information related to all of the following:
(1) Annually, on or before June 30 of each year, the board of educational examiners shall submit to the general assembly a report that contains information related to all of the following:
a) The number and types of disciplinary hearings before the board of educational examiners.
(a) The number and types of disciplinary hearings before the board of educational examiners.
() Any trends in the number or types of disciplinary hearings before the board of educational examiners.
(b) Any trends in the number or types of disciplinary hearings before the board of educational examiners.
() The number of board of educational examiners House File 2487, p.
(c) The number of board of educational examiners House File 2487, p.
(d) Any other information deemed relevant by the board of educational examiners in order to inform the general assembly of the status of the enforcement of the board of educational examiners" rules.
(d) Any other information deemed relevant by the board of educational examiners in order to inform the general assembly of the status of the enforcement of the board of educational examiners’ rules.
280.34 Incidents related to licensed practitioners — reporting and investigation.
280.34 Incidents related to licensed practitioners —— reporting and investigation.
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 cduc-ation board of educational examiners pursuant to section 256.9, subsection A4 256.146, subsection 25, 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 board of educational examiners pursuant to section 256.9, subsection 67 256.146, subsection 25, 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.
DIVISION III BOARD OF EDUCATIONAL EXAMINERS — REPORTING REQUIREMENTS Sec.
DIVISION III BOARD OF EDUCATIONAL EXAMINERS —— REPORTING REQUIREMENTS Sec.
--1 Subject to paragraph -b-, all complaint files, investigation files, other investigation reports, and other investigative information in the possession of the board or its employees or agents, which relate to licensee discipline or the investigation of nonlicensed school employees, are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the board and House File 2487, p.
All Subject to paragraph “b”, all complaint files, investigation files, other investigation reports, and other investigative information in the possession of the board or its employees or agents, which relate to licensee discipline or the investigation of nonlicensed school employees , are privileged and confidential, and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the respondent and the board and House File 2487, p.
A complaint, any amendment to a complaint, and any supporting documents shall be provided to the respondent immediately upon the board's determination that jurisdictional requirements have been met and prior to the commencement of the board's investigation of a licensee.
A complaint, any amendment to a complaint, and any supporting documents shall be provided to the respondent immediately upon the board’s determination that jurisdictional requirements have been met and prior to the commencement of the board’s investigation of a licensee .
Notwithstanding paragraph a -, if the investigative information in the possession of the board or its employees or agents indicates that a crime has been committed by either a licensee or a nonlicensed school employee, the board shall report the investigative information to the proper law enforcement agency.
Notwithstanding paragraph “a”, if the investigative information in the possession of the board or its employees or agents indicates that a crime has been committed by either a licensee or a nonlicensed school employee, the board shall report the investigative information to the proper law enforcement agency.
DIVISION IV BOARD OF EDUCATIONAL EXAMINERS — TIME IN WHICH COMPLAINTS CAN BE INVESTIGATED Sec.
DIVISION IV BOARD OF EDUCATIONAL EXAMINERS —— TIME IN WHICH COMPLAINTS CAN BE INVESTIGATED Sec.
10 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 or unless the conduct constitutes conduct described in section 256.160, subsection 1, paragraph a -, subparagraph (1), subparagraph division (a), 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.
10 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 or unless the conduct constitutes conduct described in section 256.160, subsection 1, paragraph “a”, subparagraph (1), subparagraph division (a), 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.
V PAT GRASSL Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 2487, 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 2487, Ninetieth General Assembly.
MEGHADT NELSON Chief • er the House Approved 2024 KIM Governor
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2024 ______________________________ KIM REYNOLDS Governor
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Amendments

5 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. Explanation of vote.

  4. Message from House.

  5. Immediate message.

  6. Passed House, yeas 89, nays 0.

  7. House concurred in Senate amendment H-8267.

  8. Senate amendment H-8267 filed.

  9. Message from Senate.

  10. Immediate message.

  11. Passed Senate, yeas 49, nays 0.

  12. Amendment S-5115 filed, adopted.

  13. Placed on calendar under unfinished business.

  14. Placed on calendar.

  15. Committee report, recommending passage.

  16. Subcommittee recommends amendment and passage. [].

  17. Subcommittee: Cournoyer, Donahue, and Evans.

  18. Subcommittee Meeting: 03/14/2024 9:30AM Room 315.

  19. Read first time, referred to Education.

  20. Message from House.

  21. Immediate message.

  22. Passed House, yeas 99, nays 0.

  23. Amendment H-8178 adopted, as amended.

  24. Amendment H-8188 to amendment H-8178 filed, withdrawn.

  25. Amendment H-8185 to amendment H-8178 filed, adopted.

  26. Amendment H-8178 filed.

  27. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON EDUCATION · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • COMMITTEE ON EDUCATION

Co-sponsors (0)

None.

Not signed on (147)

147 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor education
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Frequently asked questions

Who sponsors HF 2487?
HF 2487 is sponsored by COMMITTEE ON EDUCATION.
What is the current status of HF 2487?
This bill has been enacted into law. Introduced February 13, 2024. Enacted.
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