HF 804 (LSB 2729YH (7) 91)

HOUSE FILE 804

BY  GOSA

A BILL FOR

An Act requiring schools to perform criminal history checks prior to engaging any person to construct a new attendance center or to perform certain specified renovations or remodeling work.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0t.  Be subject to and comply with the requirements of section 280.36 relating to state criminal history checks for persons who are engaged to perform construction work in the same manner as a school district.
    Sec. 2.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 280.36 relating to state criminal history checks for persons who are engaged to perform construction work in the same manner as a school district.
    Sec. 3.  NEW SECTION.  280.36  Contractors —— background investigations.
   1.  Prior to engaging any person to perform construction work, the board of directors of each school district and the authorities in charge of each accredited nonpublic school shall have access to and shall review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5, for information regarding all of the following individuals:
   a.  The person engaged to perform the construction work.
   b.  Employees of the person who will perform any part of the construction work.
   c.  Employees of any contractor or subcontractor engaged by the person to perform any part of the construction work.
   2.  The board of directors of each school district and the authorities in charge of each accredited nonpublic school shall maintain documentation demonstrating compliance with subsection 1.
   3.  The board of directors of a school district or the authorities in charge of an accredited nonpublic school may charge the person who is engaged to perform the construction work for the cost of the registry checks conducted pursuant to subsection 1.
   4.  The board of directors of each school district and the authorities in charge of each accredited nonpublic school shall not allow any individual described in subsection 1, paragraph “a”, “b”, or “c”, who is listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5, to perform any part of the construction work.
   5.  For purposes of this section, “construction work” means all of the following:
   a.  The construction of a new attendance center.
   b.  The renovation or remodeling of an attendance center during the school calendar and where students are in attendance.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires schools to perform criminal history checks prior to engaging any person to construct a new attendance center or to perform certain specified renovations or remodeling work.
   The bill defines “construction work” as the construction of a new attendance center and the renovation or remodeling of an attendance center during the school calendar and where students are in attendance.
   Prior to engaging any person to perform construction work, the bill requires school districts, accredited nonpublic schools, charter schools, and innovation zone schools to have access to and review the sex offender registry information under Code section 692A.121 available to the general public, the central registry for child abuse information established under Code section 235A.14, and the central registry for dependent adult abuse information established under Code section 235B.5, for information regarding the person engaged to perform the construction work, employees of the person who will perform any part of the construction work, and employees of any contractor or subcontractor engaged by the person to perform any part of the construction work. Schools are required to maintain documentation demonstrating compliance with these requirements.
   Schools are authorized to charge the person who is engaged to perform the construction work for the cost of the state criminal history checks.
   The bill provides that schools shall not allow any individual who is the subject of the state criminal history check requirements and who is listed in the sex offender registry, the central registry for child abuse information, or the central registry for dependent adult abuse information, to perform any part of the construction work.