Bill Text: IA SSB3042 | 2023-2024 | 90th General Assembly | Introduced

---

Bill Title: A bill for an act relating to mandatory reporting to the board of educational examiners of licensed school employees who engage in grooming behavior toward students or the abuse of students.

Spectrum: Committee Bill

Status: (Introduced) 2024-01-31 - Subcommittee recommends amendment and passage. []. [SSB3042 Detail]

Download: Iowa-2023-SSB3042-Introduced.html

---

Senate Study Bill 3042 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED DEPARTMENT OF
EDUCATION BILL)
A BILL FOR
An Act relating to mandatory reporting to the board of
educational examiners of licensed school employees who
engage in grooming behavior toward students or the abuse of
students.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 5396XD (7) 90
jda/jh

S.F. _____ H.F. _____
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:
(a) Soliciting, encouraging, or consummating any of the
following:
(i) A romantic or physical relationship with a student.
(ii) Grooming behavior toward a student.
(iii) An otherwise inappropriate relationship with a
student.
Sec. 2. Section 256.160, subsection 1, paragraph a,
subparagraph (1), Code 2024, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION . (e) Abusing a student.
Sec. 3. Section 256.160, subsection 1, paragraph a,
subparagraph (2), Code 2024, is amended to read as follows:
(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 romantic 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; or converting public property
or funds to the personal use of the school employee ; or abusing
-1-
LSB 5396XD (7) 90
jda/jh 1/ 3

S.F. _____ H.F. _____
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 .
Sec. 4. Section 256.160, subsection 1, paragraph c, Code
2024, is amended by striking the paragraph.
Sec. 5. Section 256.160, Code 2024, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. For purposes of this section:
a. “Grooming behavior” means engaging in a pattern of
flirtatious behavior, making any effort to gain unreasonable
access to, or time alone with any student with no discernible
educational purpose, engaging in any behavior that can
reasonably be construed as involving an inappropriate, overly
personal, or intimate relationship with or conduct toward or
focus on a student, and engaging in any other individualized,
special treatment not in compliance with generally accepted
educational practices.
b. “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).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to mandatory reporting to the board of
educational examiners of licensed school employees who engage
in grooming behavior toward students of the abuse of students.
Current law requires the board of directors of a school
-2-
LSB 5396XD (7) 90
jda/jh 2/ 3

S.F. _____ H.F. _____
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, to report to the board of educational
examiners any instance of disciplinary action taken against a
licensed school employee for conduct constituting soliciting,
encouraging, or consummating a romantic or otherwise
inappropriate relationship with a student. The bill adds that
such a report is also required to be made for conduct that
constitutes grooming behavior toward a student or for conduct
that constitutes abusing a student.
The bill defines “grooming behavior” as engaging in a
pattern of flirtatious behavior, making any effort to gain
unreasonable access to, or time alone with any student with
no discernible educational purpose, engaging in any behavior
that can reasonably be construed as involving an inappropriate,
overly personal, or intimate relationship with or conduct
toward or focus on a student, and engaging in any other
individualized, special treatment not in compliance with
generally accepted educational practices.
The bill makes conforming changes, including by moving the
definition of “misconduct” within Code section 256.160.
-3-
LSB 5396XD (7) 90
jda/jh 3/ 3