S.F. 338 Section 1. NEW SECTION . 279.69 School employees —— 1 background investigations. 2 1. Prior to hiring an applicant for a school employee 3 position, a school district shall have access to and shall 4 review the information in the Iowa court information system 5 available to the general public, the sex offender registry 6 information under section 692A.121 available to the general 7 public, the central registry for child abuse information 8 established under section 235A.14, and the central registry for 9 dependent adult abuse information established under section 10 235B.5 for information regarding the applicant. A school 11 district shall follow the same procedure by June 30, 2014, for 12 each school employee employed by the school district as of 13 July 1, 2013. A school district shall also follow the same 14 procedure every five years upon the anniversary of each school 15 employee’s year of hire. A school district shall not charge 16 an employee for the cost of the registry checks conducted 17 pursuant to this subsection. A school district shall maintain 18 documentation demonstrating compliance with this subsection. 19 2. Being listed in the sex offender registry established 20 under chapter 692A, the central registry for child abuse 21 information established under section 235A.14, or the central 22 registry for dependent adult abuse information established 23 under section 235B.5 shall constitute grounds for the immediate 24 suspension from duties of a school employee, pending a 25 termination hearing by the board of directors of a school 26 district. A termination hearing conducted pursuant to this 27 subsection shall be limited to the question of whether the 28 school employee was incorrectly listed in the registry. 29 3. For purposes of this section, “school employee” means 30 an individual employed by a school district, including a 31 part-time, substitute, or contract employee. “School employee” 32 does not include an individual subject to a background 33 investigation pursuant to section 272.2, subsection 17, section 34 279.13, subsection 1, paragraph “b” , or section 321.375, 35 -1- LSB 1539SV (3) 85 je/nh 1/ 3

S.F. 338 subsection 2. 1 Sec. 2. STATE MANDATE FUNDING SPECIFIED. In accordance 2 with section 25B.2, subsection 3, the state cost of requiring 3 compliance with any state mandate included in this Act shall 4 be paid by a school district from state school foundation aid 5 received by the school district under section 257.16. This 6 specification of the payment of the state cost shall be deemed 7 to meet all of the state funding-related requirements of 8 section 25B.2, subsection 3, and no additional state funding 9 shall be necessary for the full implementation of this Act 10 by and enforcement of this Act against all affected school 11 districts. 12 EXPLANATION 13 This bill requires a school district to review the state sex 14 offender registry, the state central registry for child abuse 15 information, and the state central registry for dependent adult 16 abuse information for information regarding any applicant for 17 a school employee position before an applicant is hired. The 18 bill requires a school district to follow the same procedure 19 by June 30, 2014, for each school employee employed by the 20 school district as of July 1, 2013, and every five years upon 21 the anniversary of each school employee’s year of hire. The 22 bill prohibits a school district from charging an employee for 23 the cost of the registry checks conducted pursuant to the bill. 24 The bill requires a school district to document compliance with 25 the bill. 26 The bill establishes listing on the state sex offender 27 registry, the state central registry for child abuse 28 information, or the state central registry for dependent adult 29 abuse information as grounds for which a school employee is to 30 be immediately suspended, pending a termination hearing by the 31 board of directors of a school district. The bill specifies 32 that such a termination hearing is to be limited to the 33 question of whether a school employee was incorrectly listed in 34 one of the registries. 35 -2- LSB 1539SV (3) 85 je/nh 2/ 3

S.F. 338 The bill defines “school employee” as an individual employed 1 by a school district, including a part-time, substitute, or 2 contract employee. The bill provides that “school employee” 3 does not include an individual subject to a background 4 information check pursuant to Code section 272.2, subsection 5 17, Code section 279.13, subsection 1, paragraph “b”, or Code 6 section 321.375, subsection 2. 7 The bill may include a state mandate as defined in Code 8 section 25B.3. The bill requires that the state cost of 9 any state mandate included in the bill be paid by a school 10 district from state school foundation aid received by the 11 school district under Code section 257.16. The specification 12 is deemed to constitute state compliance with any state mandate 13 funding-related requirements of Code section 25B.2. The 14 inclusion of this specification is intended to reinstate the 15 requirement of political subdivisions to comply with any state 16 mandates included in the bill. 17 -3- LSB 1539SV (3) 85 je/nh 3/ 3