232E.2 Investigation of alleged student abuse by school employees — rules.
476 words·~2 min read·
/ia/chapter-232e-student-abuse-investigations/232e-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The department shall administer this chapter to provide for the investigation of reports of alleged student abuse by school employees as specified in this chapter.
2. a. If, during the child abuse intake process under chapter 232, subchapter III, part 2, the department receives a report from an identifiable source and the department determines the report constitutes an allegation of student abuse involving a school employee, the department shall notify the board of directors of the public school district or the authorities in charge of the nonpublic school associated with the school employee, and the board of educational examiners, of the determination.
b. Upon notification under paragraph “a”, the board of directors of the public school district or the authorities in charge of the nonpublic school shall place the school employee on administrative leave and shall prohibit the school employee from entering school property until the investigation is completed.
3. If the department determines the alleged student abuse constitutes a criminal act, the department shall do all of the following:
a. Immediately refer the matter to, and jointly investigate the matter with, the appropriate law enforcement agency.
b. Notify the board of directors of the public school district, or the authorities in charge of the nonpublic school, associated with the school employee of the referral under paragraph “a”.
c. If the school employee is licensed, certified, or authorized by the board of educational examiners, or holds an active statement of recognition issued by the board of educational examiners, notify the board of educational examiners of the referral under paragraph “a”.
4. Following receipt of a report of alleged student abuse, the department shall do all of the following:
a. Commence an investigation within twenty-four hours of receipt of the report.
b. Complete the investigation within thirty business days of receipt of the report.
5. Upon completion of an investigation, the department shall submit a written investigation report to all of the following:
a. The board of directors of the public school district, or the authorities in charge of the nonpublic school, associated with the school employee subject to the investigation.
b. The board of educational examiners if the school employee subject to the investigation is licensed, certified, or authorized by the board of educational examiners, or holds an active statement of recognition issued by the board of educational examiners.
6. The department shall adopt rules pursuant to chapter 17A, in consultation with the department of education, to administer this chapter. Rules adopted by the department shall include rules regarding the intake and investigation processes, investigation reports, case and investigation record retention and dissemination, and case disposition.
7. The department shall maintain information and data regarding student abuse reports, investigations, and dispositions under this chapter separately from information and data regarding child abuse reports, assessments, and dispositions under chapter 232.
Referred to in §280.17
NEW section