Text: HF00396 Text: HF00398 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 280.16A EMPLOYEE RECORDS CHECK 1 2 POLICY – PUBLIC MEASURE. 1 3 1. The eligible electors of a public school district may 1 4 petition for an election to require the district's board of 1 5 directors to implement an employee records check policy in 1 6 accordance with section 280.17. The petition must be signed 1 7 by eligible electors equal in number to not less than one 1 8 hundred or thirty percent of the number of voters at the last 1 9 preceding regular school election, whichever is greater. If 1 10 the board of directors receives a petition containing the 1 11 required number of signatures asking that the board be 1 12 required to adopt such an employee records check policy and 1 13 the board adopts the policy, an election shall not be held. 1 14 However, if the board of directors does not adopt such a 1 15 policy prior to the date required for the question to be put 1 16 to the voters as a public measure in accordance with section 1 17 47.6, the board of directors shall direct the commissioner of 1 18 elections to submit the question to the registered voters of 1 19 the district at the next following regular school election or 1 20 special school election. The question to be submitted shall 1 21 be substantially in the following form: 1 22 Shall the ...............school district board of directors 1 23 adopt a school employee records check policy in accordance 1 24 with the provisions of Iowa Code section 280.17? 1 25 2. If the question is approved by a majority of those 1 26 voting on the question at the election, the board of directors 1 27 shall adopt and implement the policy within twenty-eight days 1 28 of the date of the election. 1 29 Sec. 2. Section 280.17, Code 1997, is amended to read as 1 30 follows: 1 31 280.17 RECORDS CHECK UPON EMPLOYMENT – PROCEDURES FOR 1 32 HANDLING CHILD ABUSE REPORTS. 1 33 1. The board of directors of a public school may adopt a 1 34 policy requiring a records check of prospective employees of 1 35 the public school who would have direct responsibility for a 2 1 child or access to a child when the child is alone. If 2 2 adopted, the policy shall require the public school to conduct 2 3 a criminal, sex offender, and child abuse records check of 2 4 such employees. The policy shall provide for conducting the 2 5 records check in this state and shall comply with applicable 2 6 confidentiality provisions. The policy may provide for 2 7 conducting a dependent adult abuse records check and for 2 8 conducting a check of criminal, sex offender, child abuse, and 2 9 dependent adult abuse records in other states. 2 10 2. a. If the records check indicates a person has 2 11 committed a crime or has a record of founded child or 2 12 dependent adult abuse, an evaluation shall be conducted by the 2 13 department of human services and the public school to 2 14 determine whether prohibition of the person's employment is 2 15 warranted. 2 16 b. In an evaluation, the department of human services and 2 17 the public school shall consider the nature and seriousness of 2 18 the crime or founded abuse in relation to the position sought, 2 19 the time elapsed since the commission of the crime or founded 2 20 abuse, the circumstances under which the crime or founded 2 21 abuse was committed, the degree of rehabilitation, the 2 22 likelihood that the person will commit the crime or founded 2 23 abuse again, and the number of crimes or founded abuses 2 24 committed by the person involved. The public school may 2 25 permit a person who is evaluated to be employed by the public 2 26 school, if the person complies with the public school's 2 27 conditions relating to the person's employment, which may 2 28 include completion of additional training. The school has 2 29 final authority in determining whether prohibition of the 2 30 person's employment is warranted and in developing any 2 31 conditional requirements under this paragraph. 2 32 c. If the evaluation determines that the person has 2 33 committed a crime or has a record of founded abuse which 2 34 warrants prohibition of employment, the person shall not be 2 35 employed by the public school. 3 1 3. The board of directors of a public school and the 3 2 authorities in control of a nonpublic school shall prescribe 3 3 procedures, in accordance with the guidelines contained in the 3 4 model policy developed by the department of education in 3 5 consultation with the department of human services, and 3 6 adopted by the department of education pursuant to chapter 3 7 17A, for the handling of reports of child abuse, as defined in 3 8 section 232.68, subsection 2, paragraph "a", "b", or "d", 3 9 alleged to have been committed by an employee or agent of the 3 10 public or nonpublic school. 3 11 Sec. 3. Section 235A.15, subsection 2, paragraph e, Code 3 12 1997, is amended by adding the following new subparagraph: 3 13 NEW SUBPARAGRAPH. (16) To a public school district board 3 14 of directors for an employee records check performed in 3 15 accordance with section 280.17. 3 16 Sec. 4. Section 235B.6, subsection 2, paragraph e, Code 3 17 1997, is amended by adding the following new subparagraph: 3 18 NEW SUBPARAGRAPH. (7) To a public school district board 3 19 of directors for an employee records check performed in 3 20 accordance with section 280.17. 3 21 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 22 3, shall not apply to this Act. 3 23 EXPLANATION 3 24 This bill provides for a records check of prospective 3 25 public school district employees with direct responsibility 3 26 for children or access to a child when the child is alone. 3 27 The bill expands Code section 280.17, which under current 3 28 law is limited to procedures for handling child abuse reports. 3 29 Under the bill, a public school district may adopt a policy 3 30 requiring a criminal, sexual offender, and child abuse records 3 31 check of a prospective employee. In addition, the policy may 3 32 provide for a dependent adult abuse records check and for a 3 33 check of any of the record types in other states. 3 34 The bill provides for an evaluation to be performed in the 3 35 event a records check indicates a person has committed a crime 4 1 or has a record of founded child or dependent adult abuse. 4 2 The evaluation is to be performed by the school district and 4 3 the department of human services. The evaluation uses 4 4 criteria specified in the bill to determine whether 4 5 prohibition of the person's employment is warranted. The 4 6 school district has the final decision in making the 4 7 determination. 4 8 In new Code section 280.16A, the bill provides a procedure 4 9 for eligible electors to petition for an election to require 4 10 the district board of directors to adopt a records check 4 11 policy. The petition must have a minimum number of 4 12 signatures. If the board of directors receiving a petition 4 13 adopts the policy within the time frames required under Code 4 14 section 47.6, which provides election date requirements, an 4 15 election is not required. Otherwise, the board of directors 4 16 is to direct the commissioner of elections to place the 4 17 question on the ballot for the next succeeding regular or 4 18 special school election. If a majority of those voting 4 19 approve, the board of directors must adopt and implement the 4 20 policy within 28 days of the date of the election. 4 21 The bill amends Code sections 235A.15 and 235B.6 to provide 4 22 a school district board of directors with access to the child 4 23 abuse and dependent adult abuse registries for purposes of 4 24 performing the checks. 4 25 The bill may include a state mandate as defined in Code 4 26 section 25B.3. This bill makes inapplicable Code section 4 27 25B.2, subsection 3, which would relieve a political 4 28 subdivision from complying with a state mandate if funding for 4 29 the cost of the state mandate is not provided or specified. 4 30 Therefore, political subdivisions are required to comply with 4 31 any state mandate included in this bill. 4 32 LSB 1619HH 77 4 33 jp/cf/24
Text: HF00396 Text: HF00398 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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