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House File 2398 - ReprintedA Bill ForAn Act 1relating to certain specified employees of school
2districts, accredited nonpublic schools, and charter
3schools, including renewal requirements associated with
4licenses issued by the board of educational examiners
5to practitioners with master’s or doctoral degrees, fees
6associated with the review of certain specified records,
7and background checks for employees of school districts,
8accredited nonpublic schools, and charter schools.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256E.7, subsection 1, Code 2022, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0i. Be subject to and comply with sections
4279.13 and 279.69 relating to state criminal history checks for
5teachers and registry checks for school employees in the same
6manner as a school district.
7 Sec. 2. Section 272.2, subsection 1, paragraph a, Code 2022,
8is amended to read as follows:
9a. License practitioners, which includes the authority to
10establish do all of the following:
11(1) Establishcriteria for the licenses; establish.
12(2) Establishissuance and renewal requirements, provided
13that a continuing education requirement may be completed
14by electronic means; create, and there shall be no renewal
15requirement for a practitioner who has been employed as
16a practitioner for at least ten years and who possesses a
17master’s or doctoral degree, unless the practitioner holds an
18evaluator approval endorsement, which must be renewed at least
19once every ten years.
20(3) Createapplication and renewal forms; create.
21(4) Createlicenses that authorize different instructional
22functions or specialties; develop.
23(5) Developa code of professional rights and
24responsibilities, practices, and ethics, which shall, among
25other things, address the all of the following:
26(a) Thefailure of a practitioner to fulfill contractual
27obligations under section 279.13, the.
28(b) Thefailure of an administrator to protect the safety of
29staff and students, the.
30(c) Thefailure of an administrator to meet mandatory
31reporter obligations, the.
32(d) Therefusal of a practitioner to implement provisions of
33an individualized education program or behavioral intervention
34plan, and habitual.
35(e) Habitualnonparticipation in professional development;
-1-1and develop.
2(f) The development ofany other classifications,
3distinctions, and procedures which may be necessary to exercise
4licensing duties. In addressing the failure of a practitioner
5to fulfill contractual obligations, the board shall consider
6factors beyond the practitioner’s control.
7 Sec. 3. Section 272.2, subsection 17, Code 2022, is amended
8to read as follows:
917. Adopt rules to require that a background investigation
10be conducted by the division of criminal investigation of the
11department of public safety on all initial applicants for
12licensure. The board shall also require all initial applicants
13to submit a completed fingerprint packet and shall use the
14packet to facilitate a national criminal history background
15check. The board shall have access to, and shall review
16the sex offender registry information under section 692A.121
17available to the general public, information in the Iowa court
18information system available to the general public, the central
19registry for child abuse information established under chapter
20235A, and the dependent adult abuse records maintained under
21chapter 235B for information regarding applicants for license
22renewal and, every five years, for practitioners who are not
23subject to renewal requirements pursuant to subsection 1,
24paragraph “a”, subparagraph (2). The board may charge such
25a practitioner who is not subject to renewal requirements a
26reasonable fee for the review of the sex offender registry
27information, information in the Iowa court information system,
28the central registry for child abuse information, and the
29dependent adult abuse records.
30 Sec. 4. Section 272.7, subsection 1, Code 2022, is amended
31to read as follows:
321. A license issued under board authority is valid
33for the period of time for which it is issued, unless the
34license is suspended or revoked. No Except as provided in
35section 272.2, subsection 1, paragraph “a”, subparagraph (2),
-2-1 permanent licenses shall not be issued. A person employed as
2a practitioner shall hold a valid license with an endorsement
3for the type of service for which the person is employed.
4This section does not limit the duties or powers of a school
5board to select or discharge practitioners or to terminate
6practitioners’ contracts. A professional development program,
7except for a program offered by a practitioner preparation
8institution or area education agency and approved by the state
9board of education, must possess a valid license for the types
10of programs offered.
11 Sec. 5. Section 279.13, subsection 1, paragraph b,
12subparagraphs (1) and (2), Code 2022, are amended to read as
13follows:
14(1) Prior to entering into an initial contract with a
15teacher who holds a license other than an initial license
16issued by the board of educational examiners under chapter
17272, the school district or accredited nonpublic school
18 shall initiate a state criminal history record check of the
19applicant through the division of criminal investigation
20of the department of public safety, submit the applicant’s
21fingerprints to the division for submission to the federal
22bureau of investigation for a national criminal history record
23check, and review the sex offender registry information under
24section 692A.121 available to the general public, the central
25registry for child abuse information established under section
26235A.14, and the central registry for dependent adult abuse
27information established under section 235B.5 for information
28regarding the applicant for employment as a teacher.
29(2) The school district or accredited nonpublic school
30 may charge the applicant a fee not to exceed the actual cost
31charged the school district or accredited nonpublic school for
32the state and national criminal history checks and registry
33checks conducted pursuant to subparagraph (1).
34 Sec. 6. Section 279.69, Code 2022, is amended to read as
35follows:
-3- 1279.69 School employees — background investigations.
21. Prior to hiring an applicant for a school employee
3position, a school district or accredited nonpublic school
4 shall have access to and shall review the information in the
5Iowa court information system available to the general public,
6the sex offender registry information under section 692A.121
7available to the general public, the central registry for
8child abuse information established under section 235A.14, and
9the central registry for dependent adult abuse information
10established under section 235B.5 for information regarding the
11applicant. A school district shall follow the same procedure
12by June 30, 2014, for each school employee employed by the
13school district as of July 1, 2013. A school district or
14accredited nonpublic school shall implement a consistent
15policy to follow the same procedure for each school employee
16employed by the school district or accredited nonpublic school
17 on or after July 1, 2013, at least every five years after the
18school employee’s initial date of hire. A school district or
19accredited nonpublic school shall not charge an employee for
20the cost of the registry checks conducted pursuant to this
21subsection. A school district or accredited nonpublic school
22 shall maintain documentation demonstrating compliance with this
23subsection.
242. Being listed in the sex offender registry established
25under chapter 692A, the central registry for child abuse
26information established under section 235A.14, or the central
27registry for dependent adult abuse information established
28under section 235B.5 shall constitute grounds for the immediate
29suspension from duties of a school employee, pending a
30termination hearing by the board of directors of a school
31district or the authorities in charge of an accredited
32nonpublic school. A termination hearing conducted pursuant to
33this subsection shall be limited to the question of whether the
34school employee was incorrectly listed in the registry.
353. For purposes of this section, “school employee” means
-4-1an individual employed by a school district or an accredited
2nonpublic school, as applicable, including a part-time,
3substitute, or contract employee. “School employee” does not
4include an individual subject to a background investigation
5pursuant to section 272.2, subsection 17, section 279.13,
6subsection 1, paragraph “b”, or section 321.375, subsection 2.
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2districts, accredited nonpublic schools, and charter
3schools, including renewal requirements associated with
4licenses issued by the board of educational examiners
5to practitioners with master’s or doctoral degrees, fees
6associated with the review of certain specified records,
7and background checks for employees of school districts,
8accredited nonpublic schools, and charter schools.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256E.7, subsection 1, Code 2022, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0i. Be subject to and comply with sections
4279.13 and 279.69 relating to state criminal history checks for
5teachers and registry checks for school employees in the same
6manner as a school district.
7 Sec. 2. Section 272.2, subsection 1, paragraph a, Code 2022,
8is amended to read as follows:
9a. License practitioners, which includes the authority to
10establish do all of the following:
11(1) Establishcriteria for the licenses; establish.
12(2) Establishissuance and renewal requirements, provided
13that a continuing education requirement may be completed
14by electronic means; create, and there shall be no renewal
15requirement for a practitioner who has been employed as
16a practitioner for at least ten years and who possesses a
17master’s or doctoral degree, unless the practitioner holds an
18evaluator approval endorsement, which must be renewed at least
19once every ten years.
20(3) Createapplication and renewal forms; create.
21(4) Createlicenses that authorize different instructional
22functions or specialties; develop.
23(5) Developa code of professional rights and
24responsibilities, practices, and ethics, which shall, among
25other things, address the all of the following:
26(a) Thefailure of a practitioner to fulfill contractual
27obligations under section 279.13, the.
28(b) Thefailure of an administrator to protect the safety of
29staff and students, the.
30(c) Thefailure of an administrator to meet mandatory
31reporter obligations, the.
32(d) Therefusal of a practitioner to implement provisions of
33an individualized education program or behavioral intervention
34plan, and habitual.
35(e) Habitualnonparticipation in professional development;
-1-1and develop.
2(f) The development ofany other classifications,
3distinctions, and procedures which may be necessary to exercise
4licensing duties. In addressing the failure of a practitioner
5to fulfill contractual obligations, the board shall consider
6factors beyond the practitioner’s control.
7 Sec. 3. Section 272.2, subsection 17, Code 2022, is amended
8to read as follows:
917. Adopt rules to require that a background investigation
10be conducted by the division of criminal investigation of the
11department of public safety on all initial applicants for
12licensure. The board shall also require all initial applicants
13to submit a completed fingerprint packet and shall use the
14packet to facilitate a national criminal history background
15check. The board shall have access to, and shall review
16the sex offender registry information under section 692A.121
17available to the general public, information in the Iowa court
18information system available to the general public, the central
19registry for child abuse information established under chapter
20235A, and the dependent adult abuse records maintained under
21chapter 235B for information regarding applicants for license
22renewal and, every five years, for practitioners who are not
23subject to renewal requirements pursuant to subsection 1,
24paragraph “a”, subparagraph (2). The board may charge such
25a practitioner who is not subject to renewal requirements a
26reasonable fee for the review of the sex offender registry
27information, information in the Iowa court information system,
28the central registry for child abuse information, and the
29dependent adult abuse records.
30 Sec. 4. Section 272.7, subsection 1, Code 2022, is amended
31to read as follows:
321. A license issued under board authority is valid
33for the period of time for which it is issued, unless the
34license is suspended or revoked. No Except as provided in
35section 272.2, subsection 1, paragraph “a”, subparagraph (2),
-2-1 permanent licenses shall not be issued. A person employed as
2a practitioner shall hold a valid license with an endorsement
3for the type of service for which the person is employed.
4This section does not limit the duties or powers of a school
5board to select or discharge practitioners or to terminate
6practitioners’ contracts. A professional development program,
7except for a program offered by a practitioner preparation
8institution or area education agency and approved by the state
9board of education, must possess a valid license for the types
10of programs offered.
11 Sec. 5. Section 279.13, subsection 1, paragraph b,
12subparagraphs (1) and (2), Code 2022, are amended to read as
13follows:
14(1) Prior to entering into an initial contract with a
15teacher who holds a license other than an initial license
16issued by the board of educational examiners under chapter
17272, the school district or accredited nonpublic school
18 shall initiate a state criminal history record check of the
19applicant through the division of criminal investigation
20of the department of public safety, submit the applicant’s
21fingerprints to the division for submission to the federal
22bureau of investigation for a national criminal history record
23check, and review the sex offender registry information under
24section 692A.121 available to the general public, the central
25registry for child abuse information established under section
26235A.14, and the central registry for dependent adult abuse
27information established under section 235B.5 for information
28regarding the applicant for employment as a teacher.
29(2) The school district or accredited nonpublic school
30 may charge the applicant a fee not to exceed the actual cost
31charged the school district or accredited nonpublic school for
32the state and national criminal history checks and registry
33checks conducted pursuant to subparagraph (1).
34 Sec. 6. Section 279.69, Code 2022, is amended to read as
35follows:
-3- 1279.69 School employees — background investigations.
21. Prior to hiring an applicant for a school employee
3position, a school district or accredited nonpublic school
4 shall have access to and shall review the information in the
5Iowa court information system available to the general public,
6the sex offender registry information under section 692A.121
7available to the general public, the central registry for
8child abuse information established under section 235A.14, and
9the central registry for dependent adult abuse information
10established under section 235B.5 for information regarding the
11applicant. A school district shall follow the same procedure
12by June 30, 2014, for each school employee employed by the
13school district as of July 1, 2013. A school district or
14accredited nonpublic school shall implement a consistent
15policy to follow the same procedure for each school employee
16employed by the school district or accredited nonpublic school
17 on or after July 1, 2013, at least every five years after the
18school employee’s initial date of hire. A school district or
19accredited nonpublic school shall not charge an employee for
20the cost of the registry checks conducted pursuant to this
21subsection. A school district or accredited nonpublic school
22 shall maintain documentation demonstrating compliance with this
23subsection.
242. Being listed in the sex offender registry established
25under chapter 692A, the central registry for child abuse
26information established under section 235A.14, or the central
27registry for dependent adult abuse information established
28under section 235B.5 shall constitute grounds for the immediate
29suspension from duties of a school employee, pending a
30termination hearing by the board of directors of a school
31district or the authorities in charge of an accredited
32nonpublic school. A termination hearing conducted pursuant to
33this subsection shall be limited to the question of whether the
34school employee was incorrectly listed in the registry.
353. For purposes of this section, “school employee” means
-4-1an individual employed by a school district or an accredited
2nonpublic school, as applicable, including a part-time,
3substitute, or contract employee. “School employee” does not
4include an individual subject to a background investigation
5pursuant to section 272.2, subsection 17, section 279.13,
6subsection 1, paragraph “b”, or section 321.375, subsection 2.
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