Senate
Study
Bill
3003
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
EDUCATION
BILL)
A
BILL
FOR
An
Act
requiring
background
checks
for
school
bus
drivers,
1
providing
for
fees,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
235A.15,
subsection
2,
paragraph
e,
1
Code
Supplement
2011,
is
amended
by
adding
the
following
new
2
subparagraph:
3
NEW
SUBPARAGRAPH
.
(22)
To
the
employer
or
prospective
4
employer
of
a
school
bus
driver
for
purposes
of
an
employment
5
record
check.
6
Sec.
2.
Section
235B.6,
subsection
2,
paragraph
e,
Code
7
Supplement
2011,
is
amended
by
adding
the
following
new
8
subparagraph:
9
NEW
SUBPARAGRAPH
.
(18)
To
the
employer
or
prospective
10
employer
of
a
school
bus
driver
for
purposes
of
an
employment
11
record
check.
12
Sec.
3.
Section
321.375,
Code
2011,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
1A.
Prior
to
hiring
an
applicant
for
a
15
school
bus
driver
position,
an
employer
shall
have
access
to
16
and
shall
review
the
sex
offender
registry
information
under
17
section
692A.121
available
to
the
general
public,
the
central
18
registry
for
child
abuse
information
established
under
section
19
235A.14,
and
the
central
registry
for
dependent
adult
abuse
20
information
established
under
section
235B.5
for
information
21
regarding
the
applicant.
An
employer
shall
follow
the
same
22
procedure
upon
the
renewal
of
an
employee’s
school
bus
driver’s
23
license
issued
by
the
department
of
transportation
valid
24
for
the
operation
of
a
school
bus.
An
employer
may
charge
25
an
applicant
or
school
bus
driver
a
fee
not
to
exceed
the
26
actual
cost
for
the
registry
checks
conducted
pursuant
to
27
this
subsection.
An
employer
shall
maintain
documentation
28
demonstrating
compliance
with
this
subsection.
29
Sec.
4.
Section
321.375,
subsection
2,
Code
2011,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
0e.
The
school
bus
driver
is
listed
in
32
the
sex
offender
registry
established
under
chapter
692A,
33
the
central
registry
for
child
abuse
information
established
34
under
section
235A.14,
or
the
central
registry
for
dependent
35
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adult
abuse
information
established
under
section
235B.5.
A
1
termination
hearing
conducted
pursuant
to
this
paragraph
shall
2
be
limited
to
the
question
of
whether
the
school
bus
driver
was
3
incorrectly
listed
in
the
registry.
4
Sec.
5.
Section
321.376,
subsection
1,
Code
Supplement
5
2011,
is
amended
to
read
as
follows:
6
1.
The
driver
of
a
school
bus
shall
hold
a
driver’s
license
7
issued
by
the
department
of
transportation
valid
for
the
8
operation
of
the
school
bus
and
a
certificate
of
qualification
9
for
operation
of
a
commercial
motor
vehicle
issued
by
a
10
physician
or
osteopathic
physician
licensed
pursuant
to
11
chapter
148
,
physician’s
assistant,
advanced
registered
nurse
12
practitioner,
or
chiropractor
or
any
other
person
identified
13
by
federal
and
state
law
as
authorized
to
perform
physical
14
examinations,
and
shall
successfully
complete
an
approved
15
course
of
instruction
in
accordance
with
subsection
2
.
A
16
person
holding
a
temporary
restricted
license
issued
under
17
chapter
321J
shall
be
prohibited
from
operating
a
school
bus.
18
1A.
The
department
of
education
shall
refuse
to
issue
an
19
authorization
to
operate
a
school
bus
to
any
person
who,
after
20
notice
and
opportunity
for
hearing,
is
determined
to
have
21
committed
any
of
the
acts
proscribed
met
any
of
the
grounds
22
listed
under
section
321.375,
subsection
2
.
The
department
of
23
education
shall
take
adverse
action
against
any
person
who,
24
after
notice
and
opportunity
for
hearing,
is
determined
to
have
25
committed
any
of
the
acts
proscribed
met
any
of
the
grounds
26
listed
under
section
321.375,
subsection
2
.
Such
action
may
27
include
a
reprimand
or
warning
of
the
person
or
the
suspension
28
or
revocation
of
the
person’s
authorization
to
operate
a
school
29
bus.
A
hearing
pursuant
to
section
321.375,
subsection
2,
30
paragraph
“0e”
,
shall
be
limited
to
the
question
of
whether
the
31
person
was
incorrectly
listed
in
the
registry.
The
department
32
of
education
shall
recommend,
and
the
state
board
of
education
33
shall
adopt
under
chapter
17A
,
rules
and
procedures
for
issuing
34
and
suspending
or
revoking
authorization
to
operate
a
school
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bus
in
this
state.
Rules
and
procedures
adopted
shall
include
1
but
are
not
limited
to
provisions
for
the
revocation
or
2
suspension
of,
or
refusal
to
issue,
authorization
to
persons
3
who
are
determined
to
have
committed
any
of
the
acts
proscribed
4
met
any
of
the
grounds
listed
under
section
321.375,
subsection
5
2
.
6
Sec.
6.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
7
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
8
compliance
with
any
state
mandate
included
in
this
Act
shall
9
be
paid
by
a
school
district
from
state
school
foundation
aid
10
received
by
the
school
district
under
section
257.16.
This
11
specification
of
the
payment
of
the
state
cost
shall
be
deemed
12
to
meet
all
of
the
state
funding-related
requirements
of
13
section
25B.2,
subsection
3,
and
no
additional
state
funding
14
shall
be
necessary
for
the
full
implementation
of
this
Act
15
by
and
enforcement
of
this
Act
against
all
affected
school
16
districts.
17
EXPLANATION
18
This
bill
requires
an
employer
to
review
the
state
sex
19
offender
registry,
the
state
central
registry
for
child
abuse
20
information,
and
the
state
central
registry
for
dependent
adult
21
abuse
information
for
information
regarding
any
applicant
for
a
22
school
bus
driver
position
before
an
applicant
is
hired.
The
23
bill
requires
an
employer
to
follow
the
same
procedure
upon
the
24
renewal
of
an
employee’s
school
bus
driver’s
license
issued
by
25
the
department
of
transportation
valid
for
the
operation
of
a
26
school
bus.
The
bill
allows
an
employer
to
charge
an
applicant
27
or
school
bus
driver
a
fee
not
to
exceed
the
actual
cost
for
28
the
registry
checks
conducted
pursuant
to
the
bill.
The
bill
29
requires
an
employer
to
document
compliance
with
the
bill.
30
The
bill
adds
listing
on
the
state
sex
offender
registry,
31
the
state
central
registry
for
child
abuse
information,
or
the
32
state
central
registry
for
dependent
adult
abuse
information
33
to
the
list
of
grounds
for
which
a
school
bus
driver
is
to
be
34
immediately
suspended.
The
bill
specifies
that
for
a
hearing
35
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relating
to
adverse
action
taken
pursuant
to
the
bill,
the
1
hearing
is
to
be
limited
to
the
question
of
whether
a
person
2
was
incorrectly
listed
in
one
of
the
registries.
Such
adverse
3
action
may
include
termination
of
employment
or
refusal
to
4
issue
or
revocation
of
authorization
to
operate
a
school
bus
5
by
the
department
of
education.
6
The
bill
grants
employers
and
prospective
employers
access
7
to
the
state
central
registry
for
child
abuse
information
8
and
the
state
central
registry
for
dependent
adult
abuse
9
information
for
the
purposes
provided
in
the
bill.
10
The
bill
may
include
a
state
mandate
as
defined
in
Code
11
section
25B.3.
The
bill
requires
that
the
state
cost
of
12
any
state
mandate
included
in
the
bill
be
paid
by
a
school
13
district
from
state
school
foundation
aid
received
by
the
14
school
district
under
Code
section
257.16.
The
specification
15
is
deemed
to
constitute
state
compliance
with
any
state
mandate
16
funding-related
requirements
of
Code
section
25B.2.
The
17
inclusion
of
this
specification
is
intended
to
reinstate
the
18
requirement
of
political
subdivisions
to
comply
with
any
state
19
mandates
included
in
the
bill.
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