SF 379 (LSB 1119SV (3) 86)

SENATE FILE 379

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 1048)

A BILL FOR

An Act relating to the licensure of child care programs operated or contracted for by a school district or accredited nonpublic school and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 237A.1, subsection 3, paragraph b, Code 2015, is amended by striking the paragraph.
    Sec. 2.  Section 279.49, subsection 1, Code 2015, is amended by striking the subsection.
    Sec. 3.  Section 279.49, subsections 2 and 3, Code 2015, are amended to read as follows:
   2.  The board of directors of a school corporation may operate or contract for the operation of a program to provide child care to children not enrolled in school or to students enrolled in kindergarten through grade six before and after school, or to both. Programs operated or contracted by a board shall either meet standards for child care programs adopted by the state board of education or shall be licensed by the department of human services under chapter 237A as a child care center. A program operated by a board under contract which is not located on property owned or leased by the board must be licensed by the department of human services. Notwithstanding requirements of the department of human services regarding space allocated to child care centers licensed under chapter 237A, a program operated or contracted by a board which is located on school grounds may define alternative spaces, in policy and procedures, appropriate to meet the needs of children in the program if the primary space is required for another use.
   3.  a.  The person employed to be responsible for a program operated or contracted by a board that is not licensed by the department of human services shall be an appropriately licensed teacher under chapter 272 or shall meet other standards adopted by the state board of education.
   b.  An employee of a program operated or contracted by a board shall be subject to a background investigation at least once every five years after the employee’s initial date of hire.
    Sec. 4.  Section 280.3A, Code 2015, is amended to read as follows:
   280.3A  Accredited nonpublic school child care programs.

   Authorities in charge of an accredited nonpublic schools school may operate or contract for the operation of a child care programs, as defined program, as described in section 279.49, subsection 1. The provisions of section 279.49 as they relate to child care programs of a school corporation and its board of directors apply to the child care programs of the accredited nonpublic school and the authority in charge.
    Sec. 5.  EFFECTIVE DATE AND IMPLEMENTATION.  This Act takes effect January 1, 2016, except that the department of human services may begin implementation prior to January 1, 2016, to the extent necessary to transition to full implementation of the provisions of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under current law, either the department of human services (DHS) or the department of education (DE) is required to license a child care program operated by or contracted for by a school district or accredited nonpublic school to provide child care to children not enrolled in school or to students enrolled in kindergarten through grade six before and after school, or to both.
   This bill provides that DHS shall be the only state agency responsible for the licensure of such child care programs and requires DHS to issue such licenses. The bill provides that a program operated or contracted by a board of directors of a school corporation that is located on school grounds may define alternative spaces appropriate to meet the needs of children in the child care program under certain circumstances. An employee of a child care program operated or contracted by a board shall be subject to a background investigation once every five years.
   Conforming Code changes are made striking Code section 237A.1, subsection 3, paragraph “b”, relating to the definition of “child care” for purposes of DHS licensure and DE child care programs provided for under Code sections 279.49 and 280.3A, striking references in Code section 279.49 relating to child care programs not licensed or approved by DHS, and amending Code section 280.3A relating to accredited nonpublic school child care programs.
   The bill takes effect January 1, 2016, except that DHS may begin implementation prior to that date.