H-8075

   Amend House File 2398 as follows:
   1.  Page 1, before line 1 by inserting: 
   <Section 1.  Section 256E.7, subsection 1, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Be subject to and comply with sections 279.13 and 279.69 relating to state criminal history checks for teachers and registry checks for school employees in the same manner as a school district.>
   2.  Page 2, after line 13 by inserting: 
   <Sec. ___.  Section 279.13, subsection 1, paragraph b, subparagraphs (1) and (2), Code 2022, are amended to read as follows:
   (1)  Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under chapter 272, the school district or accredited nonpublic school shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review 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 for employment as a teacher.
   (2)  The school district or accredited nonpublic school may charge the applicant a fee not to exceed the actual cost charged the school district or accredited nonpublic school for the state and national criminal history checks and registry checks conducted pursuant to subparagraph (1).
   Sec. ___.  Section 279.69, Code 2022, is amended to read as follows:
   279.69  School employees —— background investigations.
   1.  Prior to hiring an applicant for a school employee position, a school district or accredited nonpublic school 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 or accredited nonpublic school shall implement a consistent policy to follow the same procedure for each school employee employed by the school district or accredited nonpublic school on or after July 1, 2013, at least every five years after the school employee’s initial date of hire. A school district or accredited nonpublic school shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. A school district or accredited nonpublic school 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 or the authorities in charge of an accredited nonpublic school. 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 or an accredited nonpublic school, as applicable, 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.>
   3.  Title page, by striking lines 1 through 3 and inserting <An Act relating to certain specified employees of school districts, accredited nonpublic schools, and charter schools, including renewal requirements associated with licenses issued by the board of educational examiners to practitioners with master’s or doctoral degrees and background checks for employees of school districts, accredited nonpublic schools, and charter schools.>
   4.  By renumbering as necessary.

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GJERDE of Linn