Bill Text: IA HF347 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the licensure of child care programs operated or contracted for by a school district or accredited nonpublic school and including effective date provisions. Effective 1-1-16.

Spectrum: Committee Bill

Status: (Passed) 2015-05-01 - Signed by Governor. H.J. 975. [HF347 Detail]

Download: Iowa-2015-HF347-Introduced.html

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House File 347 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON EDUCATION

                                 (SUCCESSOR TO HSB 9)

                                      A BILL FOR

  1 An Act relating to the licensure of child care programs
  2    operated or contracted for by a school district or
  3    accredited nonpublic school and including effective date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 237A.1, subsection 3, paragraph b, Code
  1  2 2015, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 279.49, subsection 1, Code 2015, is amended
  1  4 by striking the subsection.
  1  5    Sec. 3.  Section 279.49, subsections 2 and 3, Code 2015, are
  1  6 amended to read as follows:
  1  7    2.  The board of directors of a school corporation may
  1  8 operate or contract for the operation of a program to provide
  1  9 child care to children not enrolled in school or to students
  1 10 enrolled in kindergarten through grade six before and after
  1 11 school, or to both. Programs operated or contracted by a board
  1 12 shall either meet standards for child care programs adopted
  1 13 by the state board of education or shall be licensed by the
  1 14 department of human services under chapter 237A as a child
  1 15 care center unless the program is exempt from licensure under
  1 16 chapter 237A.  A program operated by a board under contract
  1 17 which is not located on property owned or leased by the board
  1 18 must be licensed by the department of human services.
  1 19    3.  a.  The person employed to be responsible for a program
  1 20 operated or contracted by a board that is not licensed by the
  1 21 department of human services shall be an appropriately licensed
  1 22 teacher under chapter 272 or shall meet other standards adopted
  1 23 by the state board of education collaborate with that board in
  1 24 the operation of that program.
  1 25    b.  An employee of a program operated or contracted by a
  1 26 board shall be subject to a background investigation at least
  1 27 once every five years after the employee's initial date of
  1 28 hire.
  1 29    Sec. 4.  Section 280.3A, Code 2015, is amended to read as
  1 30 follows:
  1 31    280.3A  Accredited nonpublic school child care programs.
  1 32    Authorities in charge of an accredited nonpublic schools
  1 33  school may operate or contract for the operation of a child
  1 34 care programs, as defined program, as described in section
  1 35 279.49, subsection 1. The provisions of section 279.49 as
  2  1 they relate to child care programs of a school corporation and
  2  2 its board of directors apply to the child care programs of the
  2  3 accredited nonpublic school and the authority in charge.
  2  4    Sec. 5.  EFFECTIVE DATE AND IMPLEMENTATION.  This Act takes
  2  5 effect January 1, 2016, except that the department of human
  2  6 services may begin implementation prior to January 1, 2016, to
  2  7 the extent necessary to transition to full implementation of
  2  8 the provisions of this Act.
  2  9                           EXPLANATION
  2 10 The inclusion of this explanation does not constitute agreement with
  2 11 the explanation's substance by the members of the general assembly.
  2 12    Under current law, either the department of human services
  2 13 (DHS) or the department of education (DE) is required to
  2 14 license a child care program operated by or contracted for by a
  2 15 school district or accredited nonpublic school to provide child
  2 16 care to children not enrolled in school or to students enrolled
  2 17 in kindergarten through grade six before and after school, or
  2 18 to both.
  2 19    The bill provides that DHS shall be the only state agency
  2 20 responsible for the licensure of such child care programs and
  2 21 requires DHS to issue such licenses.
  2 22    The bill provides that an employee of a program operated
  2 23 or contracted by a board shall be subject to a background
  2 24 investigation at least once every five years after the
  2 25 employee's initial date of hire.
  2 26    Conforming Code changes are made striking Code section
  2 27 237A.1, subsection 3, paragraph "b", relating to the definition
  2 28 of "child care" for purposes of DHS licensure and DE child care
  2 29 programs provided for under Code sections 279.49 and 280.3A,
  2 30 striking references in Code section 279.49 relating to child
  2 31 care programs not licensed or approved by DHS, and amended Code
  2 32 section 280.3A relating to accredited nonpublic school child
  2 33 care programs.
  2 34    The bill takes effect January 1, 2016, except that DHS may
  2 35 begin implementation prior to that date.
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