HF 242 (LSB 2128YH (3) 86)

HOUSE FILE 242

BY  MASCHER

A BILL FOR

An Act relating to a review of the sex offender registry, the child abuse registry, or the dependent adult abuse registry for information regarding instructors and prospective instructors for certain courses at community colleges and institutions under the control of the state board of regents and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235B.6, subsection 2, paragraph e, Code 2015, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (19)  To the superintendent of the Iowa braille and sight saving school if the data concerns a person employed or being considered for employment or living in the school.
   NEW SUBPARAGRAPH.  (20)  To the superintendent of the school for the deaf if the data concerns a person employed or being considered for employment or living in the school.
    Sec. 2.  NEW SECTION.  260C.41  Instructors —— sex offender registry review —— termination.
   1.  Prior to hiring an instructor to teach a course in which one or more high school students are or likely will be enrolled under chapter 261E and in which the instructor will have personal contact, as defined in section 708.7, subsection 1, paragraph “b”, with such students, a community college shall review the sex offender registry information under section 692A.121 available to the general public for information regarding the applicant. A community college shall conduct the same review by June 30, 2016, for each instructor employed by the community college as of July 1, 2015, to teach a course in which one or more high school students are or likely will be enrolled under chapter 261E and in which the instructor will have personal contact, as defined in section 708.7, subsection 1, paragraph “b”, with such students. A community college shall implement a consistent policy to review the sex offender registry information under section 692A.121 for information regarding each instructor employed to teach such a course by the community college on or after July 1, 2015, at least every five years after the instructor’s initial date of hire. A community college shall not charge an applicant or instructor for the cost of the registry check conducted pursuant to this subsection. A community college shall maintain documentation demonstrating compliance with this section.
   2.  Being listed on the sex offender registry established under chapter 692A shall constitute grounds for the immediate suspension from duties of an instructor, pending a termination hearing by the board of directors of the community college. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the instructor was incorrectly listed in the registry.
   3.  For purposes of this section, “instructor” means an individual employed by a community college, including a part-time, adjunct, or contract employee. “Instructor” does not include an individual subject to a background investigation pursuant to section 272.2, subsection 17, or section 279.13, subsection 1, paragraph “b”.
    Sec. 3.  NEW SECTION.  262.76  Instructors —— sex offender registry review —— termination.
   1.  Prior to hiring an instructor to teach a course in which one or more high school students are or likely will be enrolled under chapter 261E and in which the instructor will have personal contact, as defined in section 708.7, subsection 1, paragraph “b”, with such students, an institution of higher learning under the control of the board shall review the sex offender registry information under section 692A.121 available to the general public for information regarding the applicant. The institution shall conduct the same review by June 30, 2016, for each instructor employed by the institution as of July 1, 2015, to teach a course in which one or more high school students are or likely will be enrolled under chapter 261E and in which the instructor will have personal contact, as defined in section 708.7, subsection 1, paragraph “b”, with such students. The institution shall implement a consistent policy to review the sex offender registry information under section 692A.121 for information regarding each instructor employed to teach such a course by the institution on or after July 1, 2015, at least every five years after the instructor’s initial date of hire. The institution shall not charge an applicant or instructor for the cost of the registry check conducted pursuant to this subsection. The institution shall maintain documentation demonstrating compliance with this section.
   2.  Being listed in the sex offender registry established under chapter 692A shall constitute grounds for the immediate suspension from duties of an instructor.
   3.  The provisions of section 279.69 apply to employees of the Iowa braille and sight saving school and the state school for the deaf.
   4.  For purposes of this section, “instructor” means an individual employed by an institution of higher learning under the control of the state board of regents as a professor or instructor, including a part-time, adjunct, or contract employee. “Instructor” does not include an individual subject to a background investigation pursuant to section 272.2, subsection 17, or section 279.13, subsection 1, paragraph “b”.
    Sec. 4.  APPLICABILITY.  Pursuant to section 262.76, subsection 3, as enacted by this Act, the Iowa braille and sight saving school and the state school for the deaf shall establish a background investigation procedure, in accordance with section 279.69, for each school employee employed by each school by June 30, 2016, for each employee employed by the school as of July 1, 2015, and shall implement a consistent policy to follow the same procedure for each school employee employed by the school on or after July 1, 2015, at least every five years after the school employee’s initial date of hire.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires community colleges and regents universities to review the sex offender registry information available to the general public for information regarding an instructor or prospective instructor for a course in which one or more high school students are or likely will be enrolled under the senior year plus program, and in which the instructor will have personal contact with such students. The bill provides that the background investigation provisions regarding individuals employed by school districts apply to employees of the Iowa braille and sight saving school and the state school for the deaf.
   The community colleges and regents universities must conduct the same review by June 30, 2016, for each instructor employed as of July 1, 2015, for a course in which one or more high school students are or likely will be enrolled under Code chapter 261E and in which the instructor will have personal contact, as defined in Code section 708.7, subsection 1, paragraph “b”, with such students. The community colleges and regents universities must also implement a consistent policy to review the sex offender registry for information regarding each instructor employed on or after July 1, 2015, for such a course at least every five years after the instructor’s initial date of hire, and must maintain documentation demonstrating compliance with the provisions of the bill. Applicants and instructors shall not be charged for the cost of the registry check.
   Being listed in the sex offender registry shall constitute grounds for the immediate suspension from duties of an instructor, pending, if the instructor is employed by a community college, a termination hearing by the administration of the community college. The termination hearing is limited to the question of whether the instructor was incorrectly listed in the registry.
   The bill defines “instructor” to mean instructors, professors, part-time, adjunct, or contract employees. “Instructor” does not include practitioners who are subject to a background investigation under other Code provisions. The bill defines “personal contact” the same as Code section 708.7, which provides that personal contact means an encounter in which two or more people are in visual or physical proximity to each other, and does not require a physical touching or oral communication, although it may include these types of contacts.
    Under the bill, the Iowa braille and sight saving school and the state school for the deaf under the control of the state board of regents are subject to the provisions of Code section 279.69, which require school districts, prior to hiring an applicant for a school employee position, 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, and to follow the same procedure for each school employee currently employed by the school district and to recheck every five years upon the anniversary of each school employee’s year of hire. The school district cannot charge an employee for the cost of the registry checks. A school district must document compliance with the requirements. Being listed on any of the registries is grounds for the immediate suspension of a school employee, pending a termination hearing by the school board, limited to the question of whether a school employee was incorrectly listed in one of the registries.
   The bill amends Code section 235B.6 to provide limited access to the dependent adult abuse registry information to the Iowa braille and sight saving school and the state school for the deaf.