Bill Text: IA SF338 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act requiring background checks for school employees. (Formerly SF 48.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-02-04 - Withdrawn. S.J. 178. [SF338 Detail]
Download: Iowa-2013-SF338-Introduced.html
Senate
File
338
-
Introduced
SENATE
FILE
338
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SF
48)
A
BILL
FOR
An
Act
requiring
background
checks
for
school
employees.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1539SV
(3)
85
je/nh
S.F.
338
Section
1.
NEW
SECTION
.
279.69
School
employees
——
1
background
investigations.
2
1.
Prior
to
hiring
an
applicant
for
a
school
employee
3
position,
a
school
district
shall
have
access
to
and
shall
4
review
the
information
in
the
Iowa
court
information
system
5
available
to
the
general
public,
the
sex
offender
registry
6
information
under
section
692A.121
available
to
the
general
7
public,
the
central
registry
for
child
abuse
information
8
established
under
section
235A.14,
and
the
central
registry
for
9
dependent
adult
abuse
information
established
under
section
10
235B.5
for
information
regarding
the
applicant.
A
school
11
district
shall
follow
the
same
procedure
by
June
30,
2014,
for
12
each
school
employee
employed
by
the
school
district
as
of
13
July
1,
2013.
A
school
district
shall
also
follow
the
same
14
procedure
every
five
years
upon
the
anniversary
of
each
school
15
employee’s
year
of
hire.
A
school
district
shall
not
charge
16
an
employee
for
the
cost
of
the
registry
checks
conducted
17
pursuant
to
this
subsection.
A
school
district
shall
maintain
18
documentation
demonstrating
compliance
with
this
subsection.
19
2.
Being
listed
in
the
sex
offender
registry
established
20
under
chapter
692A,
the
central
registry
for
child
abuse
21
information
established
under
section
235A.14,
or
the
central
22
registry
for
dependent
adult
abuse
information
established
23
under
section
235B.5
shall
constitute
grounds
for
the
immediate
24
suspension
from
duties
of
a
school
employee,
pending
a
25
termination
hearing
by
the
board
of
directors
of
a
school
26
district.
A
termination
hearing
conducted
pursuant
to
this
27
subsection
shall
be
limited
to
the
question
of
whether
the
28
school
employee
was
incorrectly
listed
in
the
registry.
29
3.
For
purposes
of
this
section,
“school
employee”
means
30
an
individual
employed
by
a
school
district,
including
a
31
part-time,
substitute,
or
contract
employee.
“School
employee”
32
does
not
include
an
individual
subject
to
a
background
33
investigation
pursuant
to
section
272.2,
subsection
17,
section
34
279.13,
subsection
1,
paragraph
“b”
,
or
section
321.375,
35
-1-
LSB
1539SV
(3)
85
je/nh
1/
3
S.F.
338
subsection
2.
1
Sec.
2.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
2
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
3
compliance
with
any
state
mandate
included
in
this
Act
shall
4
be
paid
by
a
school
district
from
state
school
foundation
aid
5
received
by
the
school
district
under
section
257.16.
This
6
specification
of
the
payment
of
the
state
cost
shall
be
deemed
7
to
meet
all
of
the
state
funding-related
requirements
of
8
section
25B.2,
subsection
3,
and
no
additional
state
funding
9
shall
be
necessary
for
the
full
implementation
of
this
Act
10
by
and
enforcement
of
this
Act
against
all
affected
school
11
districts.
12
EXPLANATION
13
This
bill
requires
a
school
district
to
review
the
state
sex
14
offender
registry,
the
state
central
registry
for
child
abuse
15
information,
and
the
state
central
registry
for
dependent
adult
16
abuse
information
for
information
regarding
any
applicant
for
17
a
school
employee
position
before
an
applicant
is
hired.
The
18
bill
requires
a
school
district
to
follow
the
same
procedure
19
by
June
30,
2014,
for
each
school
employee
employed
by
the
20
school
district
as
of
July
1,
2013,
and
every
five
years
upon
21
the
anniversary
of
each
school
employee’s
year
of
hire.
The
22
bill
prohibits
a
school
district
from
charging
an
employee
for
23
the
cost
of
the
registry
checks
conducted
pursuant
to
the
bill.
24
The
bill
requires
a
school
district
to
document
compliance
with
25
the
bill.
26
The
bill
establishes
listing
on
the
state
sex
offender
27
registry,
the
state
central
registry
for
child
abuse
28
information,
or
the
state
central
registry
for
dependent
adult
29
abuse
information
as
grounds
for
which
a
school
employee
is
to
30
be
immediately
suspended,
pending
a
termination
hearing
by
the
31
board
of
directors
of
a
school
district.
The
bill
specifies
32
that
such
a
termination
hearing
is
to
be
limited
to
the
33
question
of
whether
a
school
employee
was
incorrectly
listed
in
34
one
of
the
registries.
35
-2-
LSB
1539SV
(3)
85
je/nh
2/
3
S.F.
338
The
bill
defines
“school
employee”
as
an
individual
employed
1
by
a
school
district,
including
a
part-time,
substitute,
or
2
contract
employee.
The
bill
provides
that
“school
employee”
3
does
not
include
an
individual
subject
to
a
background
4
information
check
pursuant
to
Code
section
272.2,
subsection
5
17,
Code
section
279.13,
subsection
1,
paragraph
“b”,
or
Code
6
section
321.375,
subsection
2.
7
The
bill
may
include
a
state
mandate
as
defined
in
Code
8
section
25B.3.
The
bill
requires
that
the
state
cost
of
9
any
state
mandate
included
in
the
bill
be
paid
by
a
school
10
district
from
state
school
foundation
aid
received
by
the
11
school
district
under
Code
section
257.16.
The
specification
12
is
deemed
to
constitute
state
compliance
with
any
state
mandate
13
funding-related
requirements
of
Code
section
25B.2.
The
14
inclusion
of
this
specification
is
intended
to
reinstate
the
15
requirement
of
political
subdivisions
to
comply
with
any
state
16
mandates
included
in
the
bill.
17
-3-
LSB
1539SV
(3)
85
je/nh
3/
3
