401.06 - Limitations to Employment References

The district believes in taking appropriate measures to promote the health and welfare of all students. Any school employee, volunteer, contractor, or agent shall not assist another school employee, volunteer, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, volunteer, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Sexual misconduct means physical or sexual abuse of students, including but not limited to sexual or physical relationships, grooming behavior, and otherwise inappropriate relationships with students.

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

Legal Reference:  20 U.S.C. §7926
                                      
Iowa Code §256
                                      281 I.A.C. 12.3(12)

I.C. Iowa Code                                                  Description
Iowa code § 256                                                Dept. of Education

I.A.C. Iowa Administrative Code                       Description
281 I.A.C. 12.3                                                 Administration

U.S.C. - United States Code                               Description
20 U.S.C. §7926                                                Education - Sexual Abuse-Aiding and Abetting

 

Cross References:  401.05  Employee Records
                                          401.05-R(1)  Employee Records - Regulation
                                          402.02  Child Abuse Reporting
                                          402.03  Abuse of Students by School District Employees
                                          405.02  Licensed Employee Qualifications, Recruitment, Selection
                                          411.02  Classified Employee Qualifications, Recruitment, Selection

Approved: 6/16/2025
Reviewed: 5/19/2025

Revised: 5/19/2025