Bill Text: IA HF224 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to certain specified employees of school districts, accredited nonpublic schools, and charter schools, including renewal requirements associated with licenses issued by the board of educational examiners to practitioners with master's or doctoral degrees, fees associated with the review of certain specified records, and background checks for employees of school districts, accredited nonpublic schools, and charter schools.(See HF 355, HF 672.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-11 - Withdrawn. H.J. 805. [HF224 Detail]
Download: Iowa-2023-HF224-Introduced.html
House
File
224
-
Introduced
HOUSE
FILE
224
BY
MOORE
A
BILL
FOR
An
Act
relating
to
certain
specified
employees
of
school
1
districts,
accredited
nonpublic
schools,
and
charter
2
schools,
including
renewal
requirements
associated
with
3
licenses
issued
by
the
board
of
educational
examiners
4
to
practitioners
with
master’s
or
doctoral
degrees,
fees
5
associated
with
the
review
of
certain
specified
records,
6
and
background
checks
for
employees
of
school
districts,
7
accredited
nonpublic
schools,
and
charter
schools.
8
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
256E.7,
subsection
2,
Code
2023,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
sections
3
279.13
and
279.69
relating
to
state
criminal
history
checks
for
4
teachers
and
registry
checks
for
school
employees
in
the
same
5
manner
as
a
school
district.
6
Sec.
2.
Section
272.2,
subsection
1,
paragraph
a,
Code
2023,
7
is
amended
to
read
as
follows:
8
a.
License
practitioners,
which
includes
the
authority
to
9
establish
do
all
of
the
following:
10
(1)
Establish
criteria
for
the
licenses
;
establish
.
11
(2)
Establish
issuance
and
renewal
requirements,
provided
12
that
a
continuing
education
requirement
may
be
completed
13
by
electronic
means
;
create
,
and
there
shall
be
no
renewal
14
requirement
for
a
practitioner
who
has
been
employed
as
15
a
practitioner
for
at
least
ten
years
and
who
possesses
a
16
master’s
or
doctoral
degree,
unless
the
practitioner
holds
an
17
evaluator
approval
endorsement,
which
must
be
renewed
at
least
18
once
every
ten
years.
19
(3)
Create
application
and
renewal
forms
;
create
.
20
(4)
Create
licenses
that
authorize
different
instructional
21
functions
or
specialties
;
develop
.
22
(5)
Develop
a
code
of
professional
rights
and
23
responsibilities,
practices,
and
ethics,
which
shall,
among
24
other
things,
address
the
all
of
the
following:
25
(a)
The
failure
of
a
practitioner
to
fulfill
contractual
26
obligations
under
section
279.13
,
the
.
In
addressing
the
27
failure
of
a
practitioner
to
fulfill
contractual
obligations,
28
the
board
shall
consider
factors
beyond
the
practitioner’s
29
control.
30
(b)
The
failure
of
an
administrator
to
protect
the
safety
of
31
staff
and
students
,
the
.
32
(c)
The
failure
of
an
administrator
to
meet
mandatory
33
reporter
obligations
,
the
.
34
(d)
The
refusal
of
a
practitioner
to
implement
provisions
of
35
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an
individualized
education
program
or
behavioral
intervention
1
plan
,
and
habitual
.
2
(e)
Habitual
nonparticipation
in
professional
development
;
3
and
develop
.
4
(f)
The
development
of
any
other
classifications,
5
distinctions,
and
procedures
which
may
be
necessary
to
exercise
6
licensing
duties.
In
addressing
the
failure
of
a
practitioner
7
to
fulfill
contractual
obligations,
the
board
shall
consider
8
factors
beyond
the
practitioner’s
control.
9
Sec.
3.
Section
272.2,
subsection
17,
Code
2023,
is
amended
10
to
read
as
follows:
11
17.
Adopt
rules
to
require
that
a
background
investigation
12
be
conducted
by
the
division
of
criminal
investigation
of
the
13
department
of
public
safety
on
all
initial
applicants
for
14
licensure.
The
board
shall
also
require
all
initial
applicants
15
to
submit
a
completed
fingerprint
packet
and
shall
use
the
16
packet
to
facilitate
a
national
criminal
history
background
17
check.
The
board
shall
have
access
to,
and
shall
review
18
the
sex
offender
registry
information
under
section
692A.121
19
available
to
the
general
public,
information
in
the
Iowa
court
20
information
system
available
to
the
general
public,
the
central
21
registry
for
child
abuse
information
established
under
chapter
22
235A
,
and
the
dependent
adult
abuse
records
maintained
under
23
chapter
235B
for
information
regarding
applicants
for
license
24
renewal
and,
every
five
years,
for
practitioners
who
are
not
25
subject
to
renewal
requirements
pursuant
to
subsection
1,
26
paragraph
“a”
,
subparagraph
(2)
.
The
board
may
charge
such
27
a
practitioner
who
is
not
subject
to
renewal
requirements
a
28
reasonable
fee
for
the
review
of
the
sex
offender
registry
29
information,
information
in
the
Iowa
court
information
system,
30
the
central
registry
for
child
abuse
information,
and
the
31
dependent
adult
abuse
records.
32
Sec.
4.
Section
272.7,
subsection
1,
Code
2023,
is
amended
33
to
read
as
follows:
34
1.
A
license
issued
under
board
authority
is
valid
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for
the
period
of
time
for
which
it
is
issued,
unless
the
1
license
is
suspended
or
revoked.
No
Except
as
provided
in
2
section
272.2,
subsection
1,
paragraph
“a”
,
subparagraph
(2),
3
permanent
licenses
shall
not
be
issued.
A
person
employed
as
4
a
practitioner
shall
hold
a
valid
license
with
an
endorsement
5
for
the
type
of
service
for
which
the
person
is
employed.
6
This
section
does
not
limit
the
duties
or
powers
of
a
school
7
board
to
select
or
discharge
practitioners
or
to
terminate
8
practitioners’
contracts.
A
professional
development
program,
9
except
for
a
program
offered
by
a
practitioner
preparation
10
institution
or
area
education
agency
and
approved
by
the
state
11
board
of
education,
must
possess
a
valid
license
for
the
types
12
of
programs
offered.
13
Sec.
5.
Section
279.13,
subsection
1,
paragraph
b,
14
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
15
follows:
16
(1)
Prior
to
entering
into
an
initial
contract
with
a
17
teacher
who
holds
a
license
other
than
an
initial
license
18
issued
by
the
board
of
educational
examiners
under
chapter
19
272
,
the
school
district
or
accredited
nonpublic
school
20
shall
initiate
a
state
criminal
history
record
check
of
the
21
applicant
through
the
division
of
criminal
investigation
22
of
the
department
of
public
safety,
submit
the
applicant’s
23
fingerprints
to
the
division
for
submission
to
the
federal
24
bureau
of
investigation
for
a
national
criminal
history
record
25
check,
and
review
the
sex
offender
registry
information
under
26
section
692A.121
available
to
the
general
public,
the
central
27
registry
for
child
abuse
information
established
under
section
28
235A.14
,
and
the
central
registry
for
dependent
adult
abuse
29
information
established
under
section
235B.5
for
information
30
regarding
the
applicant
for
employment
as
a
teacher.
31
(2)
The
school
district
or
accredited
nonpublic
school
32
may
charge
the
applicant
a
fee
not
to
exceed
the
actual
cost
33
charged
the
school
district
or
accredited
nonpublic
school
for
34
the
state
and
national
criminal
history
checks
and
registry
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checks
conducted
pursuant
to
subparagraph
(1).
1
Sec.
6.
Section
279.69,
Code
2023,
is
amended
to
read
as
2
follows:
3
279.69
School
employees
——
background
investigations.
4
1.
Prior
to
hiring
an
applicant
for
a
school
employee
5
position,
a
school
district
or
accredited
nonpublic
school
6
shall
have
access
to
and
shall
review
the
information
in
the
7
Iowa
court
information
system
available
to
the
general
public,
8
the
sex
offender
registry
information
under
section
692A.121
9
available
to
the
general
public,
the
central
registry
for
10
child
abuse
information
established
under
section
235A.14
,
and
11
the
central
registry
for
dependent
adult
abuse
information
12
established
under
section
235B.5
for
information
regarding
the
13
applicant.
A
school
district
shall
follow
the
same
procedure
14
by
June
30,
2014,
for
each
school
employee
employed
by
the
15
school
district
as
of
July
1,
2013.
A
school
district
or
16
accredited
nonpublic
school
shall
implement
a
consistent
17
policy
to
follow
the
same
procedure
for
each
school
employee
18
employed
by
the
school
district
or
accredited
nonpublic
school
19
on
or
after
July
1,
2013,
at
least
every
five
years
after
the
20
school
employee’s
initial
date
of
hire.
A
school
district
or
21
accredited
nonpublic
school
shall
not
charge
an
employee
for
22
the
cost
of
the
registry
checks
conducted
pursuant
to
this
23
subsection
.
A
school
district
or
accredited
nonpublic
school
24
shall
maintain
documentation
demonstrating
compliance
with
this
25
subsection
.
26
2.
Being
listed
in
the
sex
offender
registry
established
27
under
chapter
692A
,
the
central
registry
for
child
abuse
28
information
established
under
section
235A.14
,
or
the
central
29
registry
for
dependent
adult
abuse
information
established
30
under
section
235B.5
shall
constitute
grounds
for
the
immediate
31
suspension
from
duties
of
a
school
employee,
pending
a
32
termination
hearing
by
the
board
of
directors
of
a
school
33
district
or
the
authorities
in
charge
of
an
accredited
34
nonpublic
school
.
A
termination
hearing
conducted
pursuant
to
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this
subsection
shall
be
limited
to
the
question
of
whether
the
1
school
employee
was
incorrectly
listed
in
the
registry.
2
3.
For
purposes
of
this
section
,
“school
employee”
means
3
an
individual
employed
by
a
school
district
or
an
accredited
4
nonpublic
school,
as
applicable
,
including
a
part-time,
5
substitute,
or
contract
employee.
“School
employee”
does
not
6
include
an
individual
subject
to
a
background
investigation
7
pursuant
to
section
272.2,
subsection
17
,
section
279.13,
8
subsection
1
,
paragraph
“b”
,
or
section
321.375,
subsection
2
.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
certain
specified
employees
of
school
13
districts,
accredited
nonpublic
schools,
and
charter
schools,
14
including
renewal
requirements
associated
with
licenses
issued
15
by
the
board
of
educational
examiners
(BOEE)
to
practitioners
16
with
master’s
or
doctoral
degrees,
fees
associated
with
the
17
review
of
certain
specified
records,
and
background
checks
for
18
employees
of
school
districts,
accredited
nonpublic
schools,
19
and
charter
schools.
20
Current
law
authorizes
the
BOEE
to
establish
renewal
21
requirements
for
licensed
practitioners.
The
bill
provides
22
that
there
shall
be
no
renewal
requirement
for
a
practitioner
23
who
has
been
employed
as
a
practitioner
for
at
least
10
years
24
and
who
possesses
a
master’s
or
doctoral
degree,
unless
the
25
practitioner
holds
an
evaluator
approval
endorsement,
which
26
must
be
renewed
at
least
once
every
10
years.
The
bill
27
requires
the
BOEE
to
conduct
certain
criminal
history
registry
28
checks
related
to
such
practitioners
every
five
years,
and
29
authorizes
the
BOEE
to
charge
the
practitioner
a
reasonable
fee
30
for
the
review
of
the
criminal
history
registry
checks.
The
31
bill
makes
conforming
changes,
including
changes
to
authorize
32
permanent
licensure
for
practitioners
who
satisfy
these
33
requirements.
The
bill
does
not
affect
the
BOEE’s
ability
to
34
deny
or
revoke
a
license
under
Code
section
272.2(14).
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Current
law
requires
school
districts
to
initiate
state
1
and
national
criminal
history
registry
checks
of
teachers
2
who
hold
a
license
other
than
an
initial
license
issued
by
3
the
BOEE
prior
to
entering
into
an
initial
contract
with
the
4
teacher.
Current
law
authorizes
school
districts
to
charge
the
5
teacher
a
fee
not
to
exceed
the
actual
cost
for
the
criminal
6
history
registry
check.
The
bill
applies
these
provisions
to
7
accredited
nonpublic
schools
and
charter
schools.
8
Current
law
requires
school
districts
to
perform
criminal
9
history
registry
checks
of
applicants
for
a
school
employee
10
position
prior
to
hiring
the
applicant.
Current
law
also
11
requires
the
school
district
to
perform
this
criminal
history
12
registry
check
at
least
every
five
years
after
the
employee’s
13
initial
date
of
hire
and
maintain
documentation
demonstrating
14
compliance
with
this
requirement.
Current
law
prohibits
15
school
districts
from
charging
employees
for
the
costs
of
16
these
registry
checks.
Current
law
provides
that
if
a
school
17
employee
is
listed
in
certain
criminal
history
registries,
18
the
school
district
is
required
to
immediately
suspend
the
19
employee
pending
a
termination
hearing.
The
bill
applies
these
20
provisions
to
accredited
nonpublic
schools
and
charter
schools.
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