SF 2218 (LSB 5046SV (1) 91)

SENATE FILE 2218

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 3015)

A BILL FOR

An Act relating to the verification of the identity and employment eligibility of individuals by the board of educational examiners, school districts, accredited nonpublic schools, charter schools, and innovation zone schools, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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