SF 517 (LSB 1100SV (1) 91)

SENATE FILE 517

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SF 221)

A BILL FOR

An Act relating to child abuse and employees and agents of public schools and nonpublic schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.68, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  7A.  “Nonpublic school” means the same as defined in section 280.2.
   NEW SUBSECTION.  8A.  “Public school” means the same as defined in section 280.2.
    Sec. 2.  Section 232.68, subsection 8, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  An employee or agent of any public school or nonpublic school.
    Sec. 3.  Section 232.71B, subsection 7, Code 2025, is amended to read as follows:
   7.  Facility or school visit.  The assessment may include a visit to a facility providing care to the child named in the report or to any public or private school or nonpublic school subject to the authority of the department of education where the child named in the report is located. The administrator of a facility, or a public or private school or nonpublic school shall cooperate with the child protection worker by providing confidential access to the child named in the report for the purpose of interviewing the child, and shall allow the child protection worker confidential access to other children for the purpose of conducting interviews in order to obtain relevant information. The child protection worker may observe a child named in a report in accordance with the provisions of section 232.68, subsection 3, paragraph “b”. A witness shall be present during an observation of a child. Any child aged ten years of age or older can terminate contact with the child protection worker by stating or indicating the child’s wish to discontinue the contact. The immunity granted by section 232.73 applies to acts or omissions in good faith of administrators and their facilities or school districts for cooperating in an assessment and allowing confidential access to a child.
    Sec. 4.  Section 232.71B, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  21.  Board of educational examiners —— notice.  The department shall report the results of a child abuse assessment to the board of educational examiners created in section 256.146 if all of the following circumstances apply:
   a.  The alleged perpetrator is an employee or agent of any public school or nonpublic school.
   b.  The alleged perpetrator holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners.
   c.  The department issues a finding that the alleged child abuse meets the definition of child abuse.
   NEW SUBSECTION.  22.  School district board of directors and nonpublic school authorities —— notice.  The department shall report the results of a child abuse assessment to the board of directors of a public school district, or the authorities in charge of a nonpublic school, if all of the following circumstances apply:
   a.  The alleged perpetrator is an employee or agent of a public school under the authority of the board of directors, or an employee or agent under the authority of the authorities in charge of a nonpublic school.
   b.  The department issues a finding that the alleged child abuse meets the definition of child abuse.
    Sec. 5.  NEW SECTION.  232.71E  School procedures —— rulemaking authority.
   1.  The department of health and human services, in consultation with the department of education, shall adopt rules pursuant to chapter 17A prescribing procedures the board of directors of each school district and authorities in charge of each nonpublic school shall adopt, pursuant to section 280.17, for the handling of reports of child abuse alleged to have been committed by an employee or agent of a public school or nonpublic school.
   2.  Rules adopted under this section shall include but not be limited to all of the following:
   a.  A public school or nonpublic school shall report child abuse alleged to have been committed by an employee or agent of a public school or nonpublic school to the department of health and human services.
   b.  If child abuse alleged to have been committed by an employee or agent of a public school or a nonpublic school would, if true, constitute a criminal act harming a child, the public school or nonpublic school shall also report the alleged child abuse to law enforcement.
    Sec. 6.  Section 235A.15, subsection 2, paragraph c, Code 2025, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (14)  To the board of educational examiners created in section 256.146, if the data concerns a person that holds a license, certification, authorization, or statement of recognition issued by the board of educational examiners.
   NEW SUBPARAGRAPH.  (15)  To the board of directors of a public school district if the data concerns a person employed or being considered for employment by the public school district.
   NEW SUBPARAGRAPH.  (16)  To the authorities in charge of a nonpublic school as defined in section 280.2 if the data concerns a person employed or being considered for employment by the nonpublic school.
    Sec. 7.  Section 256.146, subsection 13, paragraph a, Code 2025, is amended to read as follows:
   a.  The board may deny a license to or revoke the license of a person upon the board’s finding by a preponderance of evidence that either the person has been convicted of an offense and the offense directly relates to the duties and responsibilities of the profession or that there has been a founded report of child abuse against the person. Rules adopted in accordance with this paragraph shall provide that in determining whether a person should be denied a license or that a practitioner’s license should be revoked, the board shall consider the nature and seriousness of the founded abuse or offense in relation to the position sought, the time elapsed since the offense was committed, the degree of rehabilitation which has taken place since the incidence of founded abuse or the commission of the offense, the likelihood that the person will commit the same abuse or offense again, and the number of founded abuses committed by or criminal convictions of the person involved.
    Sec. 8.  Section 256.146, subsection 13, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  The board shall deny or revoke a license, certification, authorization, or statement of recognition of a person described by any of the following:
   (1)  The person is in the central registry for child abuse information established in section 235A.14 as having committed founded child abuse.
   (2)  The person was found to have committed an act that would constitute child abuse as defined in section 232.68 in another state or foreign jurisdiction.
    Sec. 9.  Section 280.17, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   280.17  Procedures for handling child abuse reports.
   1.  For purposes of this section:
   a.  “Child abuse” means the same as defined in section 232.68.
   b.  “Child abuse assessment” means a child abuse assessment under section 232.71B.
   2.  a.  The board of directors of a school district and the authorities in charge of a nonpublic school shall prescribe procedures in accordance with rules adopted by the department of health and human services under section 232.71E for handling reports of child abuse alleged to have been committed by an employee or agent of the public school or nonpublic school.
   b.  The board of directors of a school district and the authorities in charge of a nonpublic school shall exercise due diligence in assisting the department of health and human services, as requested by the department of health and human services, with a child abuse assessment related to child abuse alleged to have been committed by an employee or agent of the public school or nonpublic school.
   3.  The board of directors of a school district and the authorities in charge of a nonpublic school shall place on administrative leave an employee or agent of the public school or nonpublic school who is the subject of an ongoing child abuse assessment. The employee or agent shall also be prohibited from entering school property while subject to an ongoing child abuse assessment.
   4.  The board of directors of a school district and the authorities in charge of a nonpublic school shall terminate the employment of an employee or agent of a public school or nonpublic school if the board of directors or authorities in charge receive a notice under section 232.71B, subsection 22, that the employee or agent has committed founded child abuse.
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 child abuse and employees and agents of public schools and nonpublic schools.
   Under current law, the definition of “child abuse” in Code section 232.68 is used for reporting child abuse to the department of health and human services (HHS), for performing assessments of child abuse reports, and for making determinations as to whether a person committed child abuse. With one exception, the acts or omissions which meet the definition of “child abuse” only qualify as child abuse when a person responsible for the care of a child commits the act or omission. Under current law, the definition of “a person responsible for the care of a child” does not include an employee or agent of a public school or nonpublic school.
   The bill defines “public school” and “nonpublic school” for purposes of child abuse reporting, and adds employees and agents of a public school or nonpublic school to the definition of “a person responsible for the care of a child”.
   The bill requires HHS to report the results of a child abuse assessment to the board of educational examiners (BOEE) if the alleged perpetrator is an employee or agent (employee) of any public school or nonpublic school (school); the alleged perpetrator holds a license, certificate, authorization, or statement of recognition issued by the BOEE; and HHS issues a finding that the alleged child abuse meets the definition of child abuse. The bill contains similar language for required notice to the board of directors of a public school district (board) or the authorities in charge of a nonpublic school (authorities) if the alleged perpetrator is an employee of a school under the authority of the board or of the authorities.
   The bill requires HHS to adopt rules, in consultation with the department of education, to develop minimum procedures the boards and authorities must adopt for the handling of reports of child abuse alleged to have been committed by an employee of a school. Such rules must include but not be limited to requiring schools to report all child abuse alleged to have been committed by an employee of a school to HHS; and requiring schools to also report to law enforcement child abuse alleged to have been committed by an employee of the school if the alleged child abuse, if true, would constitute a criminal act harming a child.
   The bill allows the BOEE to access child abuse disposition data if the data concerns a person that holds a license, certification, authorization, or statement of recognition issued by the BOEE. The bill also allows boards and authorities the ability to access child abuse disposition data if the data concerns a person employed or being considered for employment by the board or authorities.
   The bill requires the BOEE to deny or revoke the license, certification, authorization, or statement of recognition of a person who is in the central registry for child abuse information as having committed founded child abuse, or was found to have committed an act that would constitute child abuse in another state or foreign jurisdiction.
   The bill requires each board and authorities to prescribe procedures, in accordance with rules adopted by HHS, for the handling of reports of child abuse alleged to have been committed by an employee of the school.
   The bill requires each board and authorities to place an employee on administrative leave if the employee is the subject of an ongoing child abuse assessment. The employee shall also be prohibited from entering school property while the employee is subject to an ongoing child abuse assessment.
   The bill requires a board or authorities to terminate the employment of an employee if the board or authorities receive notice that HHS has determined the employee has committed founded child abuse, or found to have committed an act that would constitute child abuse in another jurisdiction.