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House File 355 - IntroducedA 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 2, Code 2023, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0j. 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 2023,
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. In addressing the
28failure of a practitioner to fulfill contractual obligations,
29the board shall consider factors beyond the practitioner’s
30control.
31(b) Thefailure of an administrator to protect the safety of
32staff and students, the.
33(c) Thefailure of an administrator to meet mandatory
34reporter obligations, the.
35(d) Therefusal of a practitioner to implement provisions of
-1-1an individualized education program or behavioral intervention
2plan, and habitual.
3(e) Habitualnonparticipation in professional development;
4and develop.
5(f) The development ofany other classifications,
6distinctions, and procedures which may be necessary to exercise
7licensing duties. In addressing the failure of a practitioner
8to fulfill contractual obligations, the board shall consider
9factors beyond the practitioner’s control.
10 Sec. 3. Section 272.2, subsection 17, Code 2023, is amended
11to read as follows:
1217. Adopt rules to require that a background investigation
13be conducted by the division of criminal investigation of the
14department of public safety on all initial applicants for
15licensure. The board shall also require all initial applicants
16to submit a completed fingerprint packet and shall use the
17packet to facilitate a national criminal history background
18check. The board shall have access to, and shall review
19the sex offender registry information under section 692A.121
20available to the general public, information in the Iowa court
21information system available to the general public, the central
22registry for child abuse information established under chapter
23235A, and the dependent adult abuse records maintained under
24chapter 235B for information regarding applicants for license
25renewal and, every five years, for practitioners who are not
26subject to renewal requirements pursuant to subsection 1,
27paragraph “a”, subparagraph (2). The board may charge such
28a practitioner who is not subject to renewal requirements a
29reasonable fee for the review of the sex offender registry
30information, information in the Iowa court information system,
31the central registry for child abuse information, and the
32dependent adult abuse records.
33 Sec. 4. Section 272.7, subsection 1, Code 2023, is amended
34to read as follows:
351. A license issued under board authority is valid
-2-1for the period of time for which it is issued, unless the
2license is suspended or revoked. No Except as provided in
3section 272.2, subsection 1, paragraph “a”, subparagraph (2),
4 permanent licenses shall not be issued. A person employed as
5a practitioner shall hold a valid license with an endorsement
6for the type of service for which the person is employed.
7This section does not limit the duties or powers of a school
8board to select or discharge practitioners or to terminate
9practitioners’ contracts. A professional development program,
10except for a program offered by a practitioner preparation
11institution or area education agency and approved by the state
12board of education, must possess a valid license for the types
13of programs offered.
14 Sec. 5. Section 279.13, subsection 1, paragraph b,
15subparagraphs (1) and (2), Code 2023, are amended to read as
16follows:
17(1) Prior to entering into an initial contract with a
18teacher who holds a license other than an initial license
19issued by the board of educational examiners under chapter
20272, the school district or accredited nonpublic school
21 shall initiate a state criminal history record check of the
22applicant through the division of criminal investigation
23of the department of public safety, submit the applicant’s
24fingerprints to the division for submission to the federal
25bureau of investigation for a national criminal history record
26check, and review the sex offender registry information under
27section 692A.121 available to the general public, the central
28registry for child abuse information established under section
29235A.14, and the central registry for dependent adult abuse
30information established under section 235B.5 for information
31regarding the applicant for employment as a teacher.
32(2) The school district or accredited nonpublic school
33 may charge the applicant a fee not to exceed the actual cost
34charged the school district or accredited nonpublic school for
35the state and national criminal history checks and registry
-3-1checks conducted pursuant to subparagraph (1).
2 Sec. 6. Section 279.69, Code 2023, is amended to read as
3follows:
4279.69 School employees — background investigations.
51. Prior to hiring an applicant for a school employee
6position, a school district or accredited nonpublic school
7 shall have access to and shall review the information in the
8Iowa court information system available to the general public,
9the sex offender registry information under section 692A.121
10available to the general public, the central registry for
11child abuse information established under section 235A.14, and
12the central registry for dependent adult abuse information
13established under section 235B.5 for information regarding the
14applicant. A school district shall follow the same procedure
15by June 30, 2014, for each school employee employed by the
16school district as of July 1, 2013. A school district or
17accredited nonpublic school shall implement a consistent
18policy to follow the same procedure for each school employee
19employed by the school district or accredited nonpublic school
20 on or after July 1, 2013, at least every five years after the
21school employee’s initial date of hire. A school district or
22accredited nonpublic school shall not charge an employee for
23the cost of the registry checks conducted pursuant to this
24subsection. A school district or accredited nonpublic school
25 shall maintain documentation demonstrating compliance with this
26subsection.
272. Being listed in the sex offender registry established
28under chapter 692A, the central registry for child abuse
29information established under section 235A.14, or the central
30registry for dependent adult abuse information established
31under section 235B.5 shall constitute grounds for the immediate
32suspension from duties of a school employee, pending a
33termination hearing by the board of directors of a school
34district or the authorities in charge of an accredited
35nonpublic school. A termination hearing conducted pursuant to
-4-1this subsection shall be limited to the question of whether the
2school employee was incorrectly listed in the registry.
33. For purposes of this section, “school employee” means
4an individual employed by a school district or an accredited
5nonpublic school, as applicable, including a part-time,
6substitute, or contract employee. “School employee” does not
7include an individual subject to a background investigation
8pursuant to section 272.2, subsection 17, section 279.13,
9subsection 1, paragraph “b”, or section 321.375, subsection 2.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to certain specified employees of school
14districts, accredited nonpublic schools, and charter schools,
15including renewal requirements associated with licenses issued
16by the board of educational examiners (BOEE) to practitioners
17with master’s or doctoral degrees, fees associated with the
18review of certain specified records, and background checks for
19employees of school districts, accredited nonpublic schools,
20and charter schools.
21Current law authorizes the BOEE to establish renewal
22requirements for licensed practitioners. The bill provides
23that there shall be no renewal requirement for a practitioner
24who has been employed as a practitioner for at least 10 years
25and who possesses a master’s or doctoral degree, unless the
26practitioner holds an evaluator approval endorsement, which
27must be renewed at least once every 10 years. The bill
28requires the BOEE to conduct certain criminal history registry
29checks related to such practitioners every five years, and
30authorizes the BOEE to charge the practitioner a reasonable fee
31for the review of the criminal history registry checks. The
32bill makes conforming changes, including changes to authorize
33permanent licensure for practitioners who satisfy these
34requirements. The bill does not affect the BOEE’s ability to
35deny or revoke a license under Code section 272.2(14).
-5- 1Current law requires school districts to initiate state
2and national criminal history registry checks of teachers
3who hold a license other than an initial license issued by
4the BOEE prior to entering into an initial contract with the
5teacher. Current law authorizes school districts to charge the
6teacher a fee not to exceed the actual cost for the criminal
7history registry check. The bill applies these provisions to
8accredited nonpublic schools and charter schools.
9Current law requires school districts to perform criminal
10history registry checks of applicants for a school employee
11position prior to hiring the applicant. Current law also
12requires the school district to perform this criminal history
13registry check at least every five years after the employee’s
14initial date of hire and maintain documentation demonstrating
15compliance with this requirement. Current law prohibits
16school districts from charging employees for the costs of
17these registry checks. Current law provides that if a school
18employee is listed in certain criminal history registries,
19the school district is required to immediately suspend the
20employee pending a termination hearing. The bill applies these
21provisions to accredited nonpublic schools and charter schools.
-6-jda/jh
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 2, Code 2023, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0j. 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 2023,
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. In addressing the
28failure of a practitioner to fulfill contractual obligations,
29the board shall consider factors beyond the practitioner’s
30control.
31(b) Thefailure of an administrator to protect the safety of
32staff and students, the.
33(c) Thefailure of an administrator to meet mandatory
34reporter obligations, the.
35(d) Therefusal of a practitioner to implement provisions of
-1-1an individualized education program or behavioral intervention
2plan, and habitual.
3(e) Habitualnonparticipation in professional development;
4and develop.
5(f) The development ofany other classifications,
6distinctions, and procedures which may be necessary to exercise
7licensing duties. In addressing the failure of a practitioner
8to fulfill contractual obligations, the board shall consider
9factors beyond the practitioner’s control.
10 Sec. 3. Section 272.2, subsection 17, Code 2023, is amended
11to read as follows:
1217. Adopt rules to require that a background investigation
13be conducted by the division of criminal investigation of the
14department of public safety on all initial applicants for
15licensure. The board shall also require all initial applicants
16to submit a completed fingerprint packet and shall use the
17packet to facilitate a national criminal history background
18check. The board shall have access to, and shall review
19the sex offender registry information under section 692A.121
20available to the general public, information in the Iowa court
21information system available to the general public, the central
22registry for child abuse information established under chapter
23235A, and the dependent adult abuse records maintained under
24chapter 235B for information regarding applicants for license
25renewal and, every five years, for practitioners who are not
26subject to renewal requirements pursuant to subsection 1,
27paragraph “a”, subparagraph (2). The board may charge such
28a practitioner who is not subject to renewal requirements a
29reasonable fee for the review of the sex offender registry
30information, information in the Iowa court information system,
31the central registry for child abuse information, and the
32dependent adult abuse records.
33 Sec. 4. Section 272.7, subsection 1, Code 2023, is amended
34to read as follows:
351. A license issued under board authority is valid
-2-1for the period of time for which it is issued, unless the
2license is suspended or revoked. No Except as provided in
3section 272.2, subsection 1, paragraph “a”, subparagraph (2),
4 permanent licenses shall not be issued. A person employed as
5a practitioner shall hold a valid license with an endorsement
6for the type of service for which the person is employed.
7This section does not limit the duties or powers of a school
8board to select or discharge practitioners or to terminate
9practitioners’ contracts. A professional development program,
10except for a program offered by a practitioner preparation
11institution or area education agency and approved by the state
12board of education, must possess a valid license for the types
13of programs offered.
14 Sec. 5. Section 279.13, subsection 1, paragraph b,
15subparagraphs (1) and (2), Code 2023, are amended to read as
16follows:
17(1) Prior to entering into an initial contract with a
18teacher who holds a license other than an initial license
19issued by the board of educational examiners under chapter
20272, the school district or accredited nonpublic school
21 shall initiate a state criminal history record check of the
22applicant through the division of criminal investigation
23of the department of public safety, submit the applicant’s
24fingerprints to the division for submission to the federal
25bureau of investigation for a national criminal history record
26check, and review the sex offender registry information under
27section 692A.121 available to the general public, the central
28registry for child abuse information established under section
29235A.14, and the central registry for dependent adult abuse
30information established under section 235B.5 for information
31regarding the applicant for employment as a teacher.
32(2) The school district or accredited nonpublic school
33 may charge the applicant a fee not to exceed the actual cost
34charged the school district or accredited nonpublic school for
35the state and national criminal history checks and registry
-3-1checks conducted pursuant to subparagraph (1).
2 Sec. 6. Section 279.69, Code 2023, is amended to read as
3follows:
4279.69 School employees — background investigations.
51. Prior to hiring an applicant for a school employee
6position, a school district or accredited nonpublic school
7 shall have access to and shall review the information in the
8Iowa court information system available to the general public,
9the sex offender registry information under section 692A.121
10available to the general public, the central registry for
11child abuse information established under section 235A.14, and
12the central registry for dependent adult abuse information
13established under section 235B.5 for information regarding the
14applicant. A school district shall follow the same procedure
15by June 30, 2014, for each school employee employed by the
16school district as of July 1, 2013. A school district or
17accredited nonpublic school shall implement a consistent
18policy to follow the same procedure for each school employee
19employed by the school district or accredited nonpublic school
20 on or after July 1, 2013, at least every five years after the
21school employee’s initial date of hire. A school district or
22accredited nonpublic school shall not charge an employee for
23the cost of the registry checks conducted pursuant to this
24subsection. A school district or accredited nonpublic school
25 shall maintain documentation demonstrating compliance with this
26subsection.
272. Being listed in the sex offender registry established
28under chapter 692A, the central registry for child abuse
29information established under section 235A.14, or the central
30registry for dependent adult abuse information established
31under section 235B.5 shall constitute grounds for the immediate
32suspension from duties of a school employee, pending a
33termination hearing by the board of directors of a school
34district or the authorities in charge of an accredited
35nonpublic school. A termination hearing conducted pursuant to
-4-1this subsection shall be limited to the question of whether the
2school employee was incorrectly listed in the registry.
33. For purposes of this section, “school employee” means
4an individual employed by a school district or an accredited
5nonpublic school, as applicable, including a part-time,
6substitute, or contract employee. “School employee” does not
7include an individual subject to a background investigation
8pursuant to section 272.2, subsection 17, section 279.13,
9subsection 1, paragraph “b”, or section 321.375, subsection 2.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to certain specified employees of school
14districts, accredited nonpublic schools, and charter schools,
15including renewal requirements associated with licenses issued
16by the board of educational examiners (BOEE) to practitioners
17with master’s or doctoral degrees, fees associated with the
18review of certain specified records, and background checks for
19employees of school districts, accredited nonpublic schools,
20and charter schools.
21Current law authorizes the BOEE to establish renewal
22requirements for licensed practitioners. The bill provides
23that there shall be no renewal requirement for a practitioner
24who has been employed as a practitioner for at least 10 years
25and who possesses a master’s or doctoral degree, unless the
26practitioner holds an evaluator approval endorsement, which
27must be renewed at least once every 10 years. The bill
28requires the BOEE to conduct certain criminal history registry
29checks related to such practitioners every five years, and
30authorizes the BOEE to charge the practitioner a reasonable fee
31for the review of the criminal history registry checks. The
32bill makes conforming changes, including changes to authorize
33permanent licensure for practitioners who satisfy these
34requirements. The bill does not affect the BOEE’s ability to
35deny or revoke a license under Code section 272.2(14).
-5- 1Current law requires school districts to initiate state
2and national criminal history registry checks of teachers
3who hold a license other than an initial license issued by
4the BOEE prior to entering into an initial contract with the
5teacher. Current law authorizes school districts to charge the
6teacher a fee not to exceed the actual cost for the criminal
7history registry check. The bill applies these provisions to
8accredited nonpublic schools and charter schools.
9Current law requires school districts to perform criminal
10history registry checks of applicants for a school employee
11position prior to hiring the applicant. Current law also
12requires the school district to perform this criminal history
13registry check at least every five years after the employee’s
14initial date of hire and maintain documentation demonstrating
15compliance with this requirement. Current law prohibits
16school districts from charging employees for the costs of
17these registry checks. Current law provides that if a school
18employee is listed in certain criminal history registries,
19the school district is required to immediately suspend the
20employee pending a termination hearing. The bill applies these
21provisions to accredited nonpublic schools and charter schools.
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