Iowa Code § 256.160 - Reporting requirements — complaints

1. a. (1) 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 any instance of disciplinary action taken against a licensed school employee by the board of directors of the school district or area education agency, the superintendent of the school district, the chief administrator of the area education agency, or the authorities in charge of the accredited nonpublic school for conduct constituting any of the following: (a) Soliciting, encouraging, or consummating any of the following: (i) A sexual or physical relationship with a student. (ii) Grooming behavior toward a student. (iii) An otherwise inappropriate relationship with a student. (b) Falsifying student grades, test scores, or other official information or material. (c) Converting public property or funds to the personal use of the school employee. (d) Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal drugs, unauthorized drugs, or alcohol. (e) Abusing a student. (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); soliciting, encouraging, or consummating a sexual or physical relationship with a student, grooming behavior toward a student, or an otherwise inappropriate relationship with a student; falsifying student grades, test scores, or other official information or material; converting public property or funds to the personal use of the school employee; being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal drugs, unauthorized drugs, or alcohol; or abusing a student, when the board or reporting official has a good faith belief that the incident occurred or the allegation is true. The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined by this section. b. Information reported to the board in accordance with this section is privileged and confidential, and except as provided in section 256.158, is not subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than the respondent and the board and its employees and agents involved in licensee discipline, and is not admissible in evidence in a judicial or administrative proceeding other than the proceeding involving licensee discipline. The board shall review the information reported to determine whether a complaint should be initiated. In making that determination, the board shall consider the factors enumerated in section 256.146, subsection 13, paragraph “a”. 2. If, in the course of performing official duties, an employee of the department becomes aware of any alleged misconduct by an individual licensed under this part, the employee shall report the alleged misconduct to the board under rules adopted pursuant to subsection 1. 3. Information required to be reported to the board under this section shall be reported within thirty days of either of the following: a. The date action was taken which necessitated the report, including the date of disciplinary action taken, nonrenewal or termination of a contract for reasons of alleged or actual misconduct, or resignation of a person following an incident or allegation of misconduct as required under subsection 1. b. The date the employee becomes aware of alleged misconduct as required under subsection 2. 4. If the executive director of the board verifies through a review of official records that a teacher who holds a practitioner’s license under this part is assigned instructional duties for which the teacher does not hold the appropriate license or endorsement, either by grade level or subject area, by a school district or accredited nonpublic school, the executive director may initiate a complaint against the teacher and the administrator responsible for the inappropriate assignment of instructional duties. 5. For purposes of this section: a. “Grooming behavior” means any behavior, which in light of all relevant circumstances, constitutes actions to entice or entrap a student or students with the intent to make such student or students engage in a sex act. b. “Inappropriate relationship” means any of the following: (1) An unprofessional relationship for an educator to have with a student. (2) A sexual relationship. (3) A relationship in which sexual harassment or any form of physical or sexual abuse occurs. (4) A relationship that is not in compliance with generally accepted educational practices. c. “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). 2003 Acts, ch 180, §16 CS2003, §272.15 2007 Acts, ch 214, §33; 2011 Acts, ch 132, §94, 106; 2012 Acts, ch 1055, §1; 2017 Acts, ch 6, §1; 2019 Acts, ch 87, §1; 2020 Acts, ch 1062, §40; 2020 Acts, ch 1063, §123; 2023 Acts, ch 19, §2575, 2603 C2024, §256.160 2024 Acts, ch 1079, §1 – 5 Referred to in §256.9, 256.146