Bill Summary – FastDemocracy

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