Senate
File
48
-
Introduced
SENATE
FILE
48
BY
WILHELM
A
BILL
FOR
An
Act
requiring
background
checks
for
school
employees.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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48
Section
1.
NEW
SECTION
.
279.69
School
employees
——
1
background
investigations.
2
1.
Prior
to
hiring
an
applicant
for
a
school
employee
3
position,
a
school
district
shall
have
access
to
and
shall
4
review
the
information
in
the
Iowa
court
information
system
5
available
to
the
general
public,
the
sex
offender
registry
6
information
under
section
692A.121
available
to
the
general
7
public,
the
central
registry
for
child
abuse
information
8
established
under
section
235A.14,
and
the
central
registry
for
9
dependent
adult
abuse
information
established
under
section
10
235B.5
for
information
regarding
the
applicant.
A
school
11
district
shall
follow
the
same
procedure
every
five
years
12
upon
the
anniversary
of
a
school
employee’s
date
of
hire.
A
13
school
district
shall
pay
for
the
cost
of
the
registry
checks
14
conducted
pursuant
to
this
subsection.
A
school
district
shall
15
maintain
documentation
demonstrating
compliance
with
this
16
subsection.
17
2.
Being
listed
in
the
sex
offender
registry
established
18
under
chapter
692A,
the
central
registry
for
child
abuse
19
information
established
under
section
235A.14,
or
the
central
20
registry
for
dependent
adult
abuse
information
established
21
under
section
235B.5
shall
constitute
grounds
for
the
immediate
22
suspension
from
duties
of
a
school
employee,
pending
a
23
termination
hearing
by
the
board
of
directors
of
a
school
24
district.
A
termination
hearing
conducted
pursuant
to
this
25
subsection
shall
be
limited
to
the
question
of
whether
the
26
school
employee
was
incorrectly
listed
in
the
registry.
27
3.
For
purposes
of
this
section,
“school
employee”
means
28
an
individual
employed
by
a
school
district,
including
a
29
part-time,
substitute,
or
contract
employee.
“School
employee”
30
does
not
include
an
individual
subject
to
a
background
31
investigation
pursuant
to
section
272.2,
subsection
17,
section
32
279.13,
subsection
1,
paragraph
“b”
,
or
section
321.375,
33
subsection
2.
34
Sec.
2.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
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48
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
1
compliance
with
any
state
mandate
included
in
this
Act
shall
2
be
paid
by
a
school
district
from
state
school
foundation
aid
3
received
by
the
school
district
under
section
257.16.
This
4
specification
of
the
payment
of
the
state
cost
shall
be
deemed
5
to
meet
all
of
the
state
funding-related
requirements
of
6
section
25B.2,
subsection
3,
and
no
additional
state
funding
7
shall
be
necessary
for
the
full
implementation
of
this
Act
8
by
and
enforcement
of
this
Act
against
all
affected
school
9
districts.
10
EXPLANATION
11
This
bill
requires
a
school
district
to
review
the
state
sex
12
offender
registry,
the
state
central
registry
for
child
abuse
13
information,
and
the
state
central
registry
for
dependent
adult
14
abuse
information
for
information
regarding
any
applicant
for
15
a
school
employee
position
before
an
applicant
is
hired.
The
16
bill
requires
a
school
district
to
follow
the
same
procedure
17
every
five
years
upon
the
anniversary
of
a
school
employee’s
18
date
of
hire.
The
bill
requires
a
school
district
to
pay
for
19
the
cost
of
the
registry
checks
conducted
pursuant
to
the
bill.
20
The
bill
requires
a
school
district
to
document
compliance
with
21
the
bill.
22
The
bill
establishes
listing
on
the
state
sex
offender
23
registry,
the
state
central
registry
for
child
abuse
24
information,
or
the
state
central
registry
for
dependent
adult
25
abuse
information
as
grounds
for
which
a
school
employee
is
to
26
be
immediately
suspended,
pending
a
termination
hearing
by
the
27
board
of
directors
of
a
school
district.
The
bill
specifies
28
that
such
a
termination
hearing
is
to
be
limited
to
the
29
question
of
whether
a
school
employee
was
incorrectly
listed
in
30
one
of
the
registries.
31
The
bill
defines
“school
employee”
as
an
individual
employed
32
by
a
school
district,
including
a
part-time,
substitute,
or
33
contract
employee.
The
bill
provides
that
“school
employee”
34
does
not
include
an
individual
subject
to
a
background
35
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48
information
check
pursuant
to
Code
section
272.2,
subsection
1
17,
Code
section
279.13,
subsection
1,
paragraph
“b”,
or
Code
2
section
321.375,
subsection
2.
3
The
bill
may
include
a
state
mandate
as
defined
in
Code
4
section
25B.3.
The
bill
requires
that
the
state
cost
of
5
any
state
mandate
included
in
the
bill
be
paid
by
a
school
6
district
from
state
school
foundation
aid
received
by
the
7
school
district
under
Code
section
257.16.
The
specification
8
is
deemed
to
constitute
state
compliance
with
any
state
mandate
9
funding-related
requirements
of
Code
section
25B.2.
The
10
inclusion
of
this
specification
is
intended
to
reinstate
the
11
requirement
of
political
subdivisions
to
comply
with
any
state
12
mandates
included
in
the
bill.
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