House File 389 H-1091 Amend House File 389 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 232.68, Code 2025, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 7A. “Nonpublic school” means the same as 6 defined in section 280.2. 7 NEW SUBSECTION . 8A. “Public school” means the same as 8 defined in section 280.2. 9 Sec. 2. Section 232.68, subsection 8, Code 2025, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . e. An employee or agent of any public school 12 or nonpublic school. 13 Sec. 3. Section 232.71B, subsection 7, Code 2025, is amended 14 to read as follows: 15 7. Facility or school visit. The assessment may include a 16 visit to a facility providing care to the child named in the 17 report or to any public or private school or nonpublic school 18 subject to the authority of the department of education where 19 the child named in the report is located. The administrator of 20 a facility, or a public or private school or nonpublic school 21 shall cooperate with the child protection worker by providing 22 confidential access to the child named in the report for the 23 purpose of interviewing the child, and shall allow the child 24 protection worker confidential access to other children for the 25 purpose of conducting interviews in order to obtain relevant 26 information. The child protection worker may observe a child 27 named in a report in accordance with the provisions of section 28 232.68, subsection 3 , paragraph “b” . A witness shall be present 29 during an observation of a child. Any child aged ten years of 30 age or older can terminate contact with the child protection 31 worker by stating or indicating the child’s wish to discontinue 32 the contact. The immunity granted by section 232.73 applies 33 to acts or omissions in good faith of administrators and their 34 facilities or school districts for cooperating in an assessment 35 -1- HF 389.908 (1) 91 dg/ko 1/ 5 #1.

and allowing confidential access to a child. 1 Sec. 4. Section 232.71B, Code 2025, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 21. Board of educational examiners —— 4 notice. The department shall report the results of a child 5 abuse assessment to the board of educational examiners created 6 in section 256.146 if all of the following circumstances apply: 7 a. The alleged perpetrator is an employee or agent of any 8 public school or nonpublic school. 9 b. The alleged perpetrator holds a license, certificate, 10 authorization, or statement of recognition issued by the board 11 of educational examiners. 12 c. The department issues a finding that the alleged child 13 abuse meets the definition of child abuse. 14 NEW SUBSECTION . 22. School district board of directors and 15 nonpublic school authorities —— notice. The department shall 16 report the results of a child abuse assessment to the board 17 of directors of a public school district, or the authorities 18 in charge of a nonpublic school, if all of the following 19 circumstances apply: 20 a. The alleged perpetrator is an employee or agent of a 21 public school under the authority of the board of directors, or 22 an employee or agent under the authority of the authorities in 23 charge of a nonpublic school. 24 b. The department issues a finding that the alleged child 25 abuse meets the definition of child abuse. 26 Sec. 5. NEW SECTION . 232.71E School procedures —— 27 rulemaking authority. 28 1. The department of health and human services, in 29 consultation with the department of education, shall adopt 30 rules pursuant to chapter 17A prescribing procedures the board 31 of directors of each school district and authorities in charge 32 of each nonpublic school shall adopt, pursuant to section 33 280.17, for the handling of reports of child abuse alleged to 34 have been committed by an employee or agent of a public school 35 -2- HF 389.908 (1) 91 dg/ko 2/ 5

or nonpublic school. 1 2. Rules adopted under this section shall include but not be 2 limited to all of the following: 3 a. A public school or nonpublic school shall report child 4 abuse alleged to have been committed by an employee or agent of 5 a public school or nonpublic school to the department of health 6 and human services. 7 b. If child abuse alleged to have been committed by an 8 employee or agent of a public school or a nonpublic school 9 would, if true, constitute a criminal act harming a child, the 10 public school or nonpublic school shall also report the alleged 11 child abuse to law enforcement. 12 Sec. 6. Section 235A.15, subsection 2, paragraph c, Code 13 2025, is amended by adding the following new subparagraphs: 14 NEW SUBPARAGRAPH . (14) To the board of educational 15 examiners created in section 256.146, if the data concerns a 16 person that holds a license, certification, authorization, or 17 statement of recognition issued by the board of educational 18 examiners. 19 NEW SUBPARAGRAPH . (15) To the board of directors of a 20 public school district if the data concerns a person employed 21 or being considered for employment by the public school 22 district. 23 NEW SUBPARAGRAPH . (16) To the authorities in charge of 24 a nonpublic school as defined in section 280.2 if the data 25 concerns a person employed or being considered for employment 26 by the nonpublic school. 27 Sec. 7. Section 256.146, subsection 13, paragraph a, Code 28 2025, is amended to read as follows: 29 a. The board may deny a license to or revoke the license 30 of a person upon the board’s finding by a preponderance of 31 evidence that either the person has been convicted of an 32 offense and the offense directly relates to the duties and 33 responsibilities of the profession or that there has been 34 a founded report of child abuse against the person . Rules 35 -3- HF 389.908 (1) 91 dg/ko 3/ 5

adopted in accordance with this paragraph shall provide that in 1 determining whether a person should be denied a license or that 2 a practitioner’s license should be revoked, the board shall 3 consider the nature and seriousness of the founded abuse or 4 offense in relation to the position sought, the time elapsed 5 since the offense was committed, the degree of rehabilitation 6 which has taken place since the incidence of founded abuse or 7 the commission of the offense, the likelihood that the person 8 will commit the same abuse or offense again, and the number 9 of founded abuses committed by or criminal convictions of the 10 person involved. 11 Sec. 8. Section 256.146, subsection 13, Code 2025, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . 0c. The board shall deny or revoke a 14 license, certification, authorization, or statement of 15 recognition of a person described by any of the following: 16 (1) The person is in the central registry for child abuse 17 information established in section 235A.14 as having committed 18 founded child abuse. 19 (2) The person was found to have committed an act that would 20 constitute child abuse as defined in section 232.68 in another 21 state or foreign jurisdiction. 22 Sec. 9. Section 280.17, Code 2025, is amended by striking 23 the section and inserting in lieu thereof the following: 24 280.17 Procedures for handling child abuse reports. 25 1. For purposes of this section: 26 a. “Child abuse” means the same as defined in section 27 232.68. 28 b. “Child abuse assessment” means a child abuse assessment 29 under section 232.71B. 30 2. a. The board of directors of a school district and the 31 authorities in charge of a nonpublic school shall prescribe 32 procedures in accordance with rules adopted by the department 33 of health and human services under section 232.71E for handling 34 reports of child abuse alleged to have been committed by an 35 -4- HF 389.908 (1) 91 dg/ko 4/ 5

employee or agent of the public school or nonpublic school. 1 b. The board of directors of a school district and the 2 authorities in charge of a nonpublic school shall exercise 3 due diligence in assisting the department of health and human 4 services, as requested by the department of health and human 5 services, with a child abuse assessment related to child abuse 6 alleged to have been committed by an employee or agent of the 7 public school or nonpublic school. 8 3. The board of directors of a school district and the 9 authorities in charge of a nonpublic school shall place 10 on administrative leave an employee or agent of the public 11 school or nonpublic school who is the subject of an ongoing 12 child abuse assessment. The employee or agent shall also be 13 prohibited from entering school property while subject to an 14 ongoing child abuse assessment. 15 4. The board of directors of a school district and the 16 authorities in charge of a nonpublic school shall terminate 17 the employment of an employee or agent of a public school or 18 nonpublic school if the board of directors or authorities in 19 charge receive a notice under section 232.71B, subsection 22, 20 that the employee or agent has committed founded child abuse. > 21 ______________________________ BODEN of Warren -5- HF 389.908 (1) 91 dg/ko 5/ 5