SF 338 (LSB 1539SV (3) 85)

SENATE FILE 338

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SF 48)

A BILL FOR

An Act requiring background checks for school employees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  279.69  School employees —— background investigations.
   1.  Prior to hiring an applicant for a school employee position, a school district shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant. A school district shall follow the same procedure by June 30, 2014, for each school employee employed by the school district as of July 1, 2013. A school district shall also follow the same procedure every five years upon the anniversary of each school employee’s year of hire. A school district shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. A school district shall maintain documentation demonstrating compliance with this subsection.
   2.  Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry.
   3.  For purposes of this section, “school employee” means an individual employed by a school district, including a part-time, substitute, or contract employee. “School employee” does not include an individual subject to a background investigation pursuant to section 272.2, subsection 17, section 279.13, subsection 1, paragraph “b”, or section 321.375, subsection 2.
    Sec. 2.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
   This bill requires a school district to review the state sex offender registry, the state central registry for child abuse information, and the state central registry for dependent adult abuse information for information regarding any applicant for a school employee position before an applicant is hired. The bill requires a school district to follow the same procedure by June 30, 2014, for each school employee employed by the school district as of July 1, 2013, and every five years upon the anniversary of each school employee’s year of hire. The bill prohibits a school district from charging an employee for the cost of the registry checks conducted pursuant to the bill. The bill requires a school district to document compliance with the bill.
   The bill establishes listing on the state sex offender registry, the state central registry for child abuse information, or the state central registry for dependent adult abuse information as grounds for which a school employee is to be immediately suspended, pending a termination hearing by the board of directors of a school district. The bill specifies that such a termination hearing is to be limited to the question of whether a school employee was incorrectly listed in one of the registries.
   The bill defines “school employee” as an individual employed by a school district, including a part-time, substitute, or contract employee. The bill provides that “school employee” does not include an individual subject to a background information check pursuant to Code section 272.2, subsection 17, Code section 279.13, subsection 1, paragraph “b”, or Code section 321.375, subsection 2.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.