281—102.5(280) Duties of school authorities.

1. 102.5(1)  Annually identify at least one designated investigator and alternate investigator at an open public meeting.

2. 102.5(2)  Adopt written procedures that establish persons to whom the school authorities will delegate a second level of investigation beyond the level-one procedures specifically described in these rules, including law enforcement authorities or the county attorney’s office, personnel of the local office of the department of health and human services, or private parties experienced and knowledgeable in the area of abuse investigation. The second-level investigator is not to be a school employee and is considered an independent contractor if remunerated for services rendered. The second-level investigator is to be made aware of any request under this rule and be offered an opportunity to decline the request, with reasons given.

   1. a. Temporary removal of the student from contact with the school employee.
   2. b. Temporary removal of the school employee from service.

   3. c. Any other appropriate action permissible under Iowa law to ensure the student’s safety.

      The adopted written procedures will include a statement that the investigators appointed and retained under this chapter have access to any educational records of the allegedly abused student and access to the student for purposes of interviewing and investigating the allegation.

   The adopted procedures are to conform to these rules and include provisions for the safety of a student when, in the opinion of the investigator, the student would be placed in imminent danger if continued contact is permitted between the school employee and the student. These provisions will include the options of:

3. 102.5(3)  Annually publish the names or positions and telephone numbers or other contact information of the designated investigator and alternate:

   1. a. In the student handbook,
   2. b. In a local newspaper of general circulation, and
   3. c. Prominently post the same information in all buildings operated by the school authorities.
4. 102.5(4)  Arrange for in-service training for the designated investigator and alternate. Initial training should be undertaken within six months of appointing a level-one investigator or alternate. Follow-up training should be undertaken at least once every five years.
5. 102.5(5)  Place on administrative leave a school employee who is the subject of an investigation under this chapter of an alleged incident of physical or sexual abuse, once the level-one investigator has determined that the written complaint is investigable under rule 281—102.3(280).
6. 102.5(6)  Report to the board of educational examiners the results of an investigation that finds that the school employee’s conduct constitutes a crime.

The board of directors of a public school district and the authorities in control of a nonpublic school shall:

[ARC 7803C, IAB 4/17/24, effective 5/22/24]