Iowa law requires all licensed and general personnel school district employees to report to the Iowa Department of Human Services (DHS) instances of suspected child abuse they become aware of within the scope of their professional duties.

A licensed or general personnel employee who knowingly or willfully fails to report a suspected case of child abuse if guilty of a simple misdemeanor, may be subject to civil liability for damages caused by the failure to report and shall be subject to disciplinary action by the board up to and including termination.

Employees are immune from liability if, in good faith, they made a report of child abuse, are involved in an investigation thereof and/or participate in a judicial proceeding concerning such a report.

Child Abuse Defined

“Child Abuse” is defined as:

• Any nonaccidental physical injury, or injury which is at variance with the history given of it, suffered by a child as the result of the acts or omissions of a person responsible for the care of the child.
• The commission of a sexual offense with or to a child…as a result of the acts or omissions of the person responsible for the child… Sexual offense includes sexual abuse, incest, and sexual exploitation of a minor.
• The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, or other care necessary for the child’s welfare when financially able to do so.  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child.
• The acts or omissions of a person responsible for the care of a child which allow, permit or encourage the child to engage in acts prohibited pursuant to Iowa Code, section 725.1 which deals with prostitution.

      Teachers in public schools are not “persons responsible for the care of the child” under this definition.  However, a teacher who abuses a child is subject to civil, criminal, and professional sanctions.

Reporting Procedures

When any licensed or general personnel employee, (including administrators, teachers and school nurses), within the scope of their professional duties, reasonably believes a child has suffered from child abuse must report that suspicion to the Iowa Department of Human Services (DHS) within 24 hours of the initial report, the employee must file a written report with DHS.

Each report should contain as much of the following information as can be obtained within the time limit.  However, the law specifies a report will be considered valid even if it does not contain all of the following information:

• name, age, address of the child;
• name, address of parents, guardians or other persons believed to be responsible for the care of the child;
• the child’s present whereabouts if not the same as the parent’s or other person’s home address;
• description of injuries, including evidence of previous injuries;
• name, age, and condition of other children in the home;
• any other information considered helpful; and
• name, address of person making the report.

District employees have no responsibility to prove that a child has been abused or neglected.  Employees should not take it upon themselves to investigate the case or contact the family of the child.  DHS is responsible for investigating the incident of alleged abuse.

If the school district employee or other member of the school district community believes a child has suffered abuse, which shall include sexual and physical abuse, by a school district employee in the course of their employment, it shall be reported to the designated investigator or alternate investigator immediately.  The superintendent shall appoint a designated investigator and an alternate designated investigator for child abuse complaints against school district employees.

Complaints reported to a designated investigator shall be handled by the designated investigator in a timely manner, and no later than five (5) days.  Upon receipt of the report, the designated investigator shall provide a copy of the report to the person filing, to the student’s parent or guardian if different from the person filing, and to the supervisor of the employee named in the report.  In cases where a complaint has been filed against a school employee, the school employee named in the report shall receive a copy of the report at the time the employee is initially interviewed by any investigator.  However, if this action would conflict with the terms of a contractual agreement between the employer and employee, the terms of the contract shall control.  The designated investigator, using an informal process of contacting and conferring with the pertinent parties, shall determine whether the complaint is groundless, inconclusive or founded.

If the designated investigator determines the complaint is founded, the designated investigator shall contact and turn over the complaint to local law enforcement authorities, who shall be considered the level two (2) investigators.  In cases where a complaint has been filed against a school district employee, the designated investigator shall give a copy of the investigative report to the employee’s supervisor and document all action taken.

In cases of founded abuse involving a school district employee, upon receipt of the level two (2)  investigator’s report, the designated investigator shall forward copies of the level two (2) investigator’s report to the student’s parent or guardian, the school employee named in the complaint, and the school employee’s supervisor.  The designated investigator will also notify the person filing the report, if different from the student’s parent or guardian, of the disposition of the case or current status of the investigation.

In cases involving a school district employee and a student of the school district, a report must be filed with the Board of Educational Examiners in proven cases of abuse.  Counseling services for the student must be arranged upon the request of the parents.  Compiled information regarding unproven abuse shall not be placed in the employee’s personnel file.

The designated investigator’s role is not to determine the guilt or innocence of the school employee. The designated investigator shall determine, by a preponderance of the evidence and based upon the investigator’s training and experience and the credibility of the student, whether it is likely that an incident took place between the student and the school employee.  If the complaint has been withdrawn, the allegation recanted, the employee has resigned or admitted the truth of the allegation and agreed to relinquish the employee’s teacher’s license, the designated investigator may conclude the investigation at level one.

Persons found in violation of this policy will be subject to discipline including, but not limited to, reprimand, probation, demotion, suspension or termination or other sanction as determined appropriate by the board.

Legal Reference:  Iowa Code §§232.67, .70, .73, .75, 235A, 272A, 280.17 (1991).
                                       281 Iowa Admin. Code Chapter 102.
                                       441 Iowa Admin. Code 9.2, 155, 175.
                                       640 Iowa Admin. Code 4.9.
                                       1980 Op. Att’y Gen. 275

Cross Reference:  503.5    Corporal Punishment
                                       507       Student Health and Well-Being

Approved:  7-15-02              
Reviewed:  8-08-22              
Revised:  6-10-02