272.15 - REPORTING REQUIREMENTS -- COMPLAINTS.
272.15 REPORTING REQUIREMENTS -- COMPLAINTS.
1. The board of directors of a school district or area education
agency, the superintendent of a school district or the chief
administrator of an area education agency, and the authorities in
charge of a 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
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 272.2, subsection 14,
paragraph "b", subparagraph (1), when the board or reporting
official has a good faith belief that the incident occurred or the
allegation is true. Information reported to the board in accordance
with this section is privileged and confidential, and except as
provided in section 272.13, 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 272.2, subsection 14, paragraph
"a". For purposes of this section, unless the context otherwise
requires, "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 272.2, subsection 14, paragraph "b",
subparagraph (1).
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 chapter, the employee shall report the
alleged misconduct to the board of educational examiners under rules
adopted pursuant to subsection 1.
3. 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 chapter 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. Section History: Recent Form
2003 Acts, ch 180, §16; 2007 Acts, ch 214, §33
Referred to in § 256.9