Senate
File
2218
-
Introduced
SENATE
FILE
2218
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
3015)
A
BILL
FOR
An
Act
relating
to
the
verification
of
the
identity
and
1
employment
eligibility
of
individuals
by
the
board
of
2
educational
examiners,
school
districts,
accredited
3
nonpublic
schools,
charter
schools,
and
innovation
zone
4
schools,
and
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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2218
Section
1.
Section
256.146,
subsection
16,
Code
2026,
is
1
amended
to
read
as
follows:
2
16.
a.
Adopt
rules
to
require
that
a
background
3
investigation
be
conducted
by
the
division
of
criminal
4
investigation
of
the
department
of
public
safety
on
all
initial
5
applicants
for
licensure.
The
board
shall
also
require
all
6
initial
applicants
to
submit
a
completed
fingerprint
packet
and
7
shall
use
the
packet
to
facilitate
a
national
criminal
history
8
background
check.
9
b.
The
board
shall
have
access
to,
and
shall
review
the
10
sex
offender
registry
information
under
section
692A.121
11
available
to
the
general
public,
information
in
the
Iowa
court
12
information
system
available
to
the
general
public,
the
central
13
registry
for
child
abuse
information
established
under
chapter
14
235A
,
and
the
dependent
adult
abuse
records
maintained
under
15
chapter
235B
for
information
regarding
applicants
for
license
16
renewal
and,
every
five
years,
for
practitioners
who
are
not
17
subject
to
renewal
requirements
pursuant
to
subsection
1
,
18
paragraph
“a”
,
subparagraph
(2).
The
board
may
charge
such
19
a
practitioner
who
is
not
subject
to
renewal
requirements
a
20
reasonable
fee
for
the
review
of
the
sex
offender
registry
21
information,
information
in
the
Iowa
court
information
system,
22
the
central
registry
for
child
abuse
information,
and
the
23
dependent
adult
abuse
records.
24
c.
(1)
The
board
shall
require
all
initial
applicants
for
25
licensure,
including
individuals
who
apply
for
a
license
under
26
section
256.152,
and
all
applicants
for
license
renewal,
to
27
produce
evidence
of
the
applicant’s
lawful
presence
in
the
28
United
States
as
a
condition
of
initial
licensure
or
license
29
renewal.
The
board
shall
accept
as
proof
of
an
applicant’s
30
lawful
presence
any
of
the
following:
31
(a)
A
document
that
establishes
both
employment
32
authorization
and
identity,
as
described
in
8
U.S.C.
33
§1324a(b)(1)(B).
34
(b)
A
document
that
evidences
employment
authorization,
35
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as
described
in
8
U.S.C.
§1324a(b)(1)(C),
and
a
document
that
1
establishes
the
identity
of
the
applicant,
as
described
in
8
2
U.S.C.
§1324a(b)(1)(D).
3
(2)
The
board
shall
require
all
practitioners
who
are
not
4
subject
to
renewal
requirements
pursuant
to
subsection
1,
5
paragraph
“a”
,
subparagraph
(2),
to
produce
evidence
of
the
6
practitioner’s
lawful
presence
in
the
United
States
every
five
7
years
as
a
condition
of
remaining
licensed.
The
board
shall
8
accept
as
proof
of
a
practitioner’s
lawful
presence
any
of
the
9
following:
10
(a)
A
document
that
establishes
both
employment
11
authorization
and
identity,
as
described
in
8
U.S.C.
12
§1324a(b)(1)(B).
13
(b)
A
document
that
evidences
employment
authorization,
14
as
described
in
8
U.S.C.
§1324a(b)(1)(C),
and
a
document
that
15
establishes
the
identity
of
the
practitioner,
as
described
in
8
16
U.S.C.
§1324a(b)(1)(D).
17
Sec.
2.
Section
256E.7,
subsection
2,
Code
2026,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
0w.
Be
subject
to
and
comply
with
the
20
requirements
of
section
280.37
relating
to
the
verification
of
21
the
identity
and
employment
eligibility
of
all
individuals
who
22
have
accepted
an
offer
of
employment
in
the
same
manner
as
a
23
school
district.
24
Sec.
3.
Section
256F.4,
subsection
2,
Code
2026,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
v.
Be
subject
to
and
comply
with
the
27
requirements
of
section
280.37
relating
to
the
verification
of
28
the
identity
and
employment
eligibility
of
all
individuals
who
29
have
accepted
an
offer
of
employment
in
the
same
manner
as
a
30
school
district.
31
Sec.
4.
NEW
SECTION
.
280.37
Verification
of
identity
and
32
eligibility
to
work
in
the
United
States.
33
The
board
of
directors
of
each
school
district
and
the
34
authorities
in
charge
of
each
accredited
nonpublic
school
35
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shall
verify
the
identity
and
employment
eligibility
of
1
all
individuals
who
have
accepted
an
offer
of
employment
in
2
accordance
with
8
U.S.C.
§1324a.
3
Sec.
5.
APPLICABILITY.
The
following
applies
to
all
4
applications
for
initial
licensure,
and
all
applications
for
5
license
renewal,
that
are
submitted
to
the
board
of
educational
6
examiners
on
or
after
the
effective
date
of
this
Act:
7
The
section
of
this
Act
amending
section
256.146.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
verification
of
the
identity
12
and
employment
eligibility
of
individuals
by
the
board
of
13
educational
examiners
(BOEE),
school
districts,
accredited
14
nonpublic
schools,
charter
schools,
and
innovation
zone
15
schools.
16
The
bill
requires
the
BOEE
to
require
all
initial
applicants
17
for
licensure
and
all
applicants
for
license
renewal
to
18
produce
evidence
of
the
applicant’s
lawful
presence
in
the
19
United
States
as
a
condition
of
initial
licensure
or
license
20
renewal.
These
requirements
apply
to
all
applications
for
21
initial
licensure,
and
all
applications
for
license
renewal,
22
that
are
submitted
to
the
BOEE
on
or
after
the
effective
date
23
of
the
bill.
Practitioners
who
are
not
subject
to
license
24
renewal
requirements
are
required
to
produce
evidence
of
the
25
practitioner’s
lawful
presence
in
the
United
States
every
26
five
years
as
a
condition
of
remaining
licensed.
The
bill
27
establishes
the
documents
that
the
BOEE
will
accept
as
proof
of
28
an
applicant’s
or
practitioner’s
lawful
presence.
29
The
bill
requires
the
board
of
directors
of
each
school
30
district,
the
authorities
in
charge
of
each
accredited
31
nonpublic
school,
and
the
governing
board
of
each
charter
32
school
and
innovation
zone
school
to
verify
the
identity
and
33
employment
eligibility
of
all
individuals
who
have
accepted
an
34
offer
of
employment
in
accordance
with
federal
law.
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