House File 389 H-1128 Amend House File 389 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 STUDENT ABUSE INVOLVING A SCHOOL EMPLOYEE —— DEPARTMENT OF 5 HEALTH AND HUMAN SERVICES INVESTIGATIONS 6 Section 1. NEW SECTION . 232E.1 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Board of educational examiners” means the board created 10 in section 256.146. 11 2. “Department” means the department of health and human 12 services. 13 3. “Investigation” means the process by which the department 14 responds to all accepted reports of alleged student abuse. 15 4. “Nonpublic school” means the same as defined in section 16 280.2. 17 5. “Public school” means the same as defined in section 18 280.2. 19 6. “Public school district” means a public school district 20 as described in chapter 274, and includes a charter school 21 under chapter 256E, or a charter school or an innovation zone 22 school under chapter 256F. 23 7. “School employee” means any of the following: 24 a. A person employed by a public school or a nonpublic 25 school. 26 b. A vendor, or an employee of a vendor, that provides goods 27 or services to a public school or a nonpublic school. 28 c. An agent, or an employee of an agent, of a public school 29 or a nonpublic school. 30 d. A volunteer under the direction and control of any of the 31 following: 32 (1) The board of directors or any administrator of a public 33 school district. 34 (2) The board or authorities in control of a nonpublic 35 -1- HF 389.1054 (4) 91 dg/ko 1/ 5 #1.

school. 1 (3) The board of directors or administrator of an agency 2 called upon by a school official to provide services to 3 students in an educational capacity. 4 8. “Student” means a person enrolled in a public school, 5 a nonpublic school, or a prekindergarten program in a public 6 school or a nonpublic school. 7 9. “Student abuse” means any of the following which occur on 8 school grounds during school time, or on or at a school-related 9 curricular or extracurricular activity: 10 a. Any nonaccidental physical injury, or an injury which 11 does not match the history provided for how the injury 12 occurred, suffered by a student as the result of an act or 13 omission of a school employee, that is not otherwise excluded 14 by section 280.21, subsection 2. 15 b. The commission of a sexual offense with or to a child 16 or minor student pursuant to chapter 709, section 726.2, or 17 section 728.12, subsection 1, as a result of an act or omission 18 of a school employee. 19 c. An act or omission of a school employee which allows, 20 permits, or encourages a child or minor student to engage in an 21 act prohibited under section 725.1. 22 Sec. 2. NEW SECTION . 232E.2 Investigation of alleged 23 student abuse by school employees —— rules. 24 1. The department shall administer this chapter to provide 25 for the investigation of reports of alleged student abuse by 26 school employees as specified in this chapter. 27 2. a. If, during the child abuse intake process under 28 chapter 232, subchapter 3, part 2, the department receives 29 a report from an identifiable source and the department 30 determines the report constitutes an allegation of student 31 abuse involving a school employee, the department shall notify 32 the board of directors of the public school district or the 33 authorities in charge of the nonpublic school associated with 34 the school employee, and the board of educational examiners, of 35 -2- HF 389.1054 (4) 91 dg/ko 2/ 5

the determination. 1 b. Upon notification under paragraph “a” , the board of 2 directors of the public school district or the authorities in 3 charge of the nonpublic school shall place the school employee 4 on administrative leave and shall prohibit the school employee 5 from entering school property until the investigation is 6 completed. 7 3. If the department determines the alleged student abuse 8 constitutes a criminal act, the department shall do all of the 9 following: 10 a. Immediately refer the matter to, and cooperate in the 11 investigation with, the appropriate law enforcement agency. 12 b. Notify the board of directors of the public school 13 district, or the authorities in charge of the nonpublic school, 14 associated with the school employee of the referral under 15 paragraph “a” . 16 c. If the school employee is licensed, certified, or 17 authorized by the board of educational examiners, or holds 18 an active statement of recognition issued by the board of 19 educational examiners, notify the board of educational 20 examiners of the referral under paragraph “a” . 21 4. Following receipt of a report of alleged student abuse, 22 the department shall do all of the following: 23 a. Commence an investigation within twenty-four hours of 24 receipt of the report. 25 b. Complete the investigation within thirty business days of 26 receipt of the report. 27 5. Upon completion of an investigation, the department 28 shall submit a written investigation report to all of the 29 following: 30 a. The board of directors of the public school district, or 31 the authorities in charge of the nonpublic school, associated 32 with the school employee subject to the investigation. 33 b. The board of educational examiners if the school 34 employee subject to the investigation is licensed, certified, 35 -3- HF 389.1054 (4) 91 dg/ko 3/ 5

or authorized by the board of educational examiners, or holds 1 an active statement of recognition issued by the board of 2 educational examiners. 3 6. The department shall adopt rules pursuant to chapter 4 17A, in consultation with the department of education, to 5 administer this chapter. Rules adopted by the department shall 6 include rules regarding the intake and investigation processes, 7 investigation reports, case and investigation record retention 8 and dissemination, and case disposition. 9 7. The department shall maintain information and data 10 regarding student abuse reports, investigations, and 11 dispositions under this chapter separately from information 12 and data regarding child abuse reports, assessments, and 13 dispositions under chapter 232. 14 DIVISION II 15 STUDENT ABUSE INVOLVING A SCHOOL EMPLOYEE —— DEPARTMENT OF 16 EDUCATION 17 Sec. 3. Section 280.17, Code 2025, is amended by striking 18 the section and inserting in lieu thereof the following: 19 280.17 Student abuse investigations. 20 1. The board of directors of a public school district and 21 the authorities in charge of a nonpublic school shall comply 22 with chapter 232E, and shall cooperate with the department of 23 health and human services during an investigation commenced 24 under chapter 232E. 25 2. The department of education, in consultation with the 26 department of health and human services, shall adopt rules 27 pursuant to chapter 17A, and a model policy, for the handling 28 of investigations pursuant to chapter 232E. 29 Sec. 4. Section 321.375, subsection 3, paragraph d, Code 30 2025, is amended to read as follows: 31 d. The commission of or conviction for a public offense as 32 defined by the Iowa criminal code, if the offense is relevant 33 to and affects driving ability, or if the offense includes 34 sexual involvement with a minor student with the intent to 35 -4- HF 389.1054 (4) 91 dg/ko 4/ 5

commit acts and practices proscribed under sections 709.2 1 through 709.4 , section 709.8 , and sections 725.1 through 725.3 , 2 or is a violation of the rules of the department of education 3 adopted to implement section 280.17 student abuse as defined 4 in section 232E.1 . > 5 2. Title page, by striking lines 1 and 2 and inserting < An 6 Act relating to student abuse by school employees. > 7 ______________________________ BODEN of Warren -5- HF 389.1054 (4) 91 dg/ko 5/ 5 #2.