Teacher misconduct bill advances in Iowa House

DES MOINES — Legislation to prevent school personnel accused of misconduct, including sexual abuse allegations, from resigning to avoid investigations and discipline was given committee approval Thursday — despite the sponsor’s concession it wasn’t ready for prime time.

Nonetheless, the House Ways and Means Committee split along party lines, 15-10, to send House File 2505 to the full House. The bill also was approved, 19-4, by the House Education Committee in February,

“Why are we voting on a bill that we know isn’t ready?” Rep. Cindy Winckler, D-Davenport, asked, noting the bill is not subject to Friday’s funnel deadline.

Floor manager Rep. Dustin Hite, R-New Sharon, defended the action and promised to continue working with legislators, including Education Committee Democrats, to improve the bill.

“As bills move along the process, we work on them to get them to their final version,” he responded.

Committee chairman Lee Hein, R-Monticello, noted that the Ways and Means’ responsibility was with the financial aspect of the bill, and the policy part would be worked out in the Education Committee or on the House floor.

Hite and Rep. Holly Brink, R-Oskaloosa, offered the bill to ensure credible allegations of teacher misconduct are being handled properly.

They are concerned that school districts routinely allow personnel under investigation for sexual or physical assault to resign rather than be terminated. The resignation hides allegations of abuse and investigation from future employers.

HF 2505 would end that practice.

If the bill is approved, teachers under investigation for misconduct would not remain anonymous; school districts discussing complaints with other districts would have civil liability protection; and administrators could be fined for reporting errors.

As written, the bill would create boards in each school district to determine if an accused educator should be placed on administrative leave and to recommend punishment. Hite said he plans to remove that portion of the bill.

“People are doing great work in our schools,” he said. “Unfortunately, like many groups or any group, there can be a bad apple or two in there.”

His bill, he said, is intended to ensure those teachers who, for example, have inappropriate relationships with students, are held accountable.

“At the same time,” Hite said, the bill would ensure “the vast majority of teachers, who are good people and doing good work, are not caught up in a system or hindered by a system when they shouldn't be.”

Speaking for Democrats, Rep. Eric Gjerde, D-Cedar Rapids, said “when parents drop their kids off at school they expect them to be safe,” and school personnel need to be held accountable for “any bad actions.”

He encouraged committee Democrats, however, to vote “no” on the bill because it needs work “to make sure that it is laser focused on what it's intended to do … that there are not any unintended consequences.”

No groups have registered in favor of the bill. Teachers, school boards and administrators oppose the bill, as do rural, urban, Christian and Catholic schools.

According to the Board of Educational Examiners, it has taken steps to investigate credible allegations against educators even if there are no criminal charges.

The bill under consideration also would require that six members of the public and at least four licensed educators sit on the 12-member Board of Educational Examiners.

The board now must include two members of the public and nine licensed educators appointed by the governor and subject to Senate confirmation.

Comments: (319) 398-8375; james.lynch@thegazette.com