Bill Text: IA HF2487 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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. (Formerly HSB 568.) Effective date: 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-04-19 - Signed by Governor. H.J. 927. [HF2487 Detail]

Download: Iowa-2023-HF2487-Introduced.html
House File 2487 - Introduced HOUSE FILE 2487 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 568) 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 5396HV (2) 90 jda/jh
H.F. 2487 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 person’s 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 5396HV (2) 90 jda/jh 1/ 3
H.F. 2487 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 any attempt to seduce, solicit, 15 lure, or entice a student, or a person believed to be a 16 student, to participate in a sex act, as defined in section 17 702.17, or to engage in any unlawful sexual conduct. 18 b. “Inappropriate relationship” means a dating relationship, 19 a sexual relationship, or any relationship in which sexual 20 harassment or any form of physical or sexual abuse occurs. 21 c. “Misconduct” means an action disqualifying an applicant 22 for a license or causing the license of a person to be revoked 23 or suspended in accordance with the rules adopted by the board 24 to implement section 256.146, subsection 13, paragraph “b” , 25 subparagraph (1). 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to mandatory reporting to the board of 30 educational examiners of licensed school employees who engage 31 in grooming behavior toward students of the abuse of students. 32 Current law requires the board of directors of a school 33 district or area education agency, the superintendent of a 34 school district, the chief administrator of an area education 35 -2- LSB 5396HV (2) 90 jda/jh 2/ 3
H.F. 2487 agency, and the authorities in charge of an accredited 1 nonpublic school, to report to the board of educational 2 examiners any instance of disciplinary action taken against a 3 licensed school employee for conduct constituting soliciting, 4 encouraging, or consummating a romantic or otherwise 5 inappropriate relationship with a student. The bill adds that 6 such a report is also required to be made for conduct that 7 constitutes grooming behavior toward a student or for conduct 8 that constitutes abusing a student. 9 The bill defines “grooming behavior” as any attempt to 10 seduce, solicit, lure, or entice a student, or a person 11 believed to be a student, to participate in a sex act, as 12 defined in Code section 702.17, or to engage in any unlawful 13 sexual conduct. The bill defines “inappropriate relationship” 14 as a dating relationship, a sexual relationship, or any 15 relationship in which sexual harassment or any form of physical 16 or sexual abuse occurs. 17 The bill makes conforming changes, including by moving the 18 definition of “misconduct” within Code section 256.160. 19 -3- LSB 5396HV (2) 90 jda/jh 3/ 3
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