House File 2398 H-8075 Amend House File 2398 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 256E.7, subsection 1, Code 2022, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . 0i. Be subject to and comply with sections 5 279.13 and 279.69 relating to state criminal history checks for 6 teachers and registry checks for school employees in the same 7 manner as a school district. > 8 2. Page 2, after line 13 by inserting: 9 < Sec. ___. Section 279.13, subsection 1, paragraph b, 10 subparagraphs (1) and (2), Code 2022, are amended to read as 11 follows: 12 (1) Prior to entering into an initial contract with a 13 teacher who holds a license other than an initial license 14 issued by the board of educational examiners under chapter 15 272 , the school district or accredited nonpublic school 16 shall initiate a state criminal history record check of the 17 applicant through the division of criminal investigation 18 of the department of public safety, submit the applicant’s 19 fingerprints to the division for submission to the federal 20 bureau of investigation for a national criminal history record 21 check, and review the sex offender registry information under 22 section 692A.121 available to the general public, the central 23 registry for child abuse information established under section 24 235A.14 , and the central registry for dependent adult abuse 25 information established under section 235B.5 for information 26 regarding the applicant for employment as a teacher. 27 (2) The school district or accredited nonpublic school 28 may charge the applicant a fee not to exceed the actual cost 29 charged the school district or accredited nonpublic school for 30 the state and national criminal history checks and registry 31 checks conducted pursuant to subparagraph (1). 32 Sec. ___. Section 279.69, Code 2022, is amended to read as 33 follows: 34 279.69 School employees —— background investigations. 35 -1- HF 2398.3352 (2) 89 jda/jh 1/ 3 #1. #2.
1. Prior to hiring an applicant for a school employee 1 position, a school district or accredited nonpublic school 2 shall have access to and shall review the information in the 3 Iowa court information system available to the general public, 4 the sex offender registry information under section 692A.121 5 available to the general public, the central registry for 6 child abuse information established under section 235A.14 , and 7 the central registry for dependent adult abuse information 8 established under section 235B.5 for information regarding the 9 applicant. A school district shall follow the same procedure 10 by June 30, 2014, for each school employee employed by the 11 school district as of July 1, 2013. A school district or 12 accredited nonpublic school shall implement a consistent 13 policy to follow the same procedure for each school employee 14 employed by the school district or accredited nonpublic school 15 on or after July 1, 2013, at least every five years after the 16 school employee’s initial date of hire. A school district or 17 accredited nonpublic school shall not charge an employee for 18 the cost of the registry checks conducted pursuant to this 19 subsection . A school district or accredited nonpublic school 20 shall maintain documentation demonstrating compliance with this 21 subsection . 22 2. Being listed in the sex offender registry established 23 under chapter 692A , the central registry for child abuse 24 information established under section 235A.14 , or the central 25 registry for dependent adult abuse information established 26 under section 235B.5 shall constitute grounds for the immediate 27 suspension from duties of a school employee, pending a 28 termination hearing by the board of directors of a school 29 district or the authorities in charge of an accredited 30 nonpublic school . A termination hearing conducted pursuant to 31 this subsection shall be limited to the question of whether the 32 school employee was incorrectly listed in the registry. 33 3. For purposes of this section , “school employee” means 34 an individual employed by a school district or an accredited 35 -2- HF 2398.3352 (2) 89 jda/jh 2/ 3
nonpublic school, as applicable , including a part-time, 1 substitute, or contract employee. “School employee” does not 2 include an individual subject to a background investigation 3 pursuant to section 272.2, subsection 17 , section 279.13, 4 subsection 1 , paragraph “b” , or section 321.375, subsection 2 . > 5 3. Title page, by striking lines 1 through 3 and inserting 6 < An Act relating to certain specified employees of school 7 districts, accredited nonpublic schools, and charter schools, 8 including renewal requirements associated with licenses 9 issued by the board of educational examiners to practitioners 10 with master’s or doctoral degrees and background checks for 11 employees of school districts, accredited nonpublic schools, 12 and charter schools. > 13 4. By renumbering as necessary. 14 ______________________________ GJERDE of Linn -3- HF 2398.3352 (2) 89 jda/jh 3/ 3 #3. #4.