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House
File
186
-
Introduced
HOUSE
FILE
186
BY
BODEN
A
BILL
FOR
An
Act
relating
to
child
abuse
and
employees
and
agents
of
1
public
schools
and
nonpublic
schools.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1100YH
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H.F.
186
Section
1.
Section
232.68,
Code
2025,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
7A.
“Nonpublic
school”
means
the
same
as
3
defined
in
section
280.2.
4
NEW
SUBSECTION
.
8A.
“Public
school”
means
the
same
as
5
defined
in
section
280.2.
6
Sec.
2.
Section
232.68,
subsection
8,
Code
2025,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
e.
An
employee
or
agent
of
any
public
school
9
or
nonpublic
school.
10
Sec.
3.
Section
232.71B,
Code
2025,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
21.
Board
of
educational
examiners
——
13
notice.
The
department
shall
report
the
results
of
a
child
14
abuse
assessment
to
the
board
of
educational
examiners
created
15
in
section
256.146
if
all
of
the
following
circumstances
apply:
16
a.
The
alleged
perpetrator
is
an
employee
or
agent
of
any
17
public
school
or
nonpublic
school.
18
b.
The
alleged
perpetrator
holds
a
license,
certificate,
19
authorization,
or
statement
of
recognition
issued
by
the
board
20
of
educational
examiners.
21
c.
The
department
issues
a
finding
that
the
alleged
child
22
abuse
meets
the
definition
of
child
abuse.
23
Sec.
4.
NEW
SECTION
.
232.71E
School
procedures
——
24
rulemaking
authority.
25
1.
The
department
of
health
and
human
services,
in
26
consultation
with
the
department
of
education,
shall
adopt
27
rules
pursuant
to
chapter
17A
prescribing
procedures
each
board
28
of
directors
of
a
school
district
and
each
authority
in
charge
29
of
a
nonpublic
school
shall
adopt,
pursuant
to
section
280.17,
30
for
the
handling
of
reports
of
child
abuse
alleged
to
have
31
been
committed
by
an
employee
or
agent
of
a
public
school
or
32
nonpublic
school.
33
2.
Rules
adopted
under
this
section
shall
include
but
not
be
34
limited
to
all
of
the
following:
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a.
A
public
school
or
nonpublic
school
shall
report
child
1
abuse
alleged
to
have
been
committed
by
an
employee
or
agent
of
2
a
public
school
or
nonpublic
school
to
the
department
of
health
3
and
human
services.
4
b.
If
child
abuse
alleged
to
have
been
committed
by
an
5
employee
or
agent
of
a
public
school
or
a
nonpublic
school
6
would,
if
true,
constitute
a
criminal
act
harming
a
child,
the
7
public
school
or
nonpublic
school
shall
also
report
the
alleged
8
child
abuse
to
law
enforcement.
9
Sec.
5.
Section
280.17,
Code
2025,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
280.17
Procedures
for
handling
child
abuse
reports.
12
1.
For
purposes
of
this
section:
13
a.
“Child
abuse”
means
the
same
as
defined
in
section
14
232.68.
15
b.
“Child
abuse
assessment”
means
a
child
abuse
assessment
16
under
section
232.71B.
17
2.
a.
The
board
of
directors
of
a
school
district
and
the
18
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
19
procedures
in
accordance
with
rules
adopted
by
the
department
20
of
health
and
human
services
under
section
232.71E
for
handling
21
reports
of
child
abuse
alleged
to
have
been
committed
by
an
22
employee
or
agent
of
the
public
school
or
nonpublic
school.
23
b.
The
board
of
directors
of
a
school
district
and
the
24
authorities
in
charge
of
a
nonpublic
school
shall
exercise
25
due
diligence
in
assisting
the
department
of
health
and
human
26
services,
as
requested
by
the
department
of
health
and
human
27
services,
with
a
child
abuse
assessment
related
to
child
abuse
28
alleged
to
have
been
committed
by
an
employee
or
agent
of
the
29
public
school
or
nonpublic
school.
30
3.
The
board
of
directors
of
a
school
district
and
the
31
authorities
in
charge
of
a
nonpublic
school
shall
place
32
on
administrative
leave
an
employee
or
agent
of
the
public
33
school
or
nonpublic
school
who
is
the
subject
of
an
ongoing
34
child
abuse
assessment.
The
employee
or
agent
shall
also
be
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prohibited
from
entering
school
property
while
subject
to
an
1
ongoing
child
abuse
assessment.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
child
abuse
and
employees
and
agents
of
6
public
schools
and
nonpublic
schools.
7
Under
current
law,
the
definition
of
“child
abuse”
in
8
Code
section
232.68
is
used
for
reporting
child
abuse
to
9
the
department
of
health
and
human
services
(HHS),
for
10
performing
assessments
of
child
abuse
reports,
and
for
making
11
determinations
as
to
whether
a
person
committed
child
abuse.
12
With
one
exception,
the
acts
or
omissions
which
meet
the
13
definition
of
“child
abuse”
only
qualify
as
child
abuse
when
14
a
person
responsible
for
the
care
of
a
child
commits
the
act
15
or
omission.
Under
current
law,
the
definition
of
“a
person
16
responsible
for
the
care
of
a
child”
does
not
include
an
17
employee
or
agent
of
a
public
school
or
nonpublic
school.
18
The
bill
defines
“public
school”
and
“nonpublic
school”
19
for
purposes
of
child
abuse
reporting,
and
adds
employees
and
20
agents
of
a
public
school
or
nonpublic
school
to
the
definition
21
of
“a
person
responsible
for
the
care
of
a
child”.
22
The
bill
requires
HHS
to
report
the
results
of
a
child
abuse
23
assessment
to
the
board
of
educational
examiners
if
the
alleged
24
perpetrator
is
an
employee
or
agent
(employee)
of
any
public
25
school
or
nonpublic
school
(school);
the
alleged
perpetrator
26
holds
a
license,
certificate,
authorization,
or
statement
of
27
recognition
issued
by
the
board
of
educational
examiners;
and
28
HHS
issues
a
finding
that
the
alleged
child
abuse
meets
the
29
definition
of
child
abuse.
30
The
bill
requires
HHS
to
adopt
rules,
in
consultation
with
31
the
department
of
education,
to
develop
minimum
procedures
32
each
board
of
directors
of
a
school
district
(board)
and
each
33
authority
in
charge
of
a
nonpublic
school
(authority)
must
34
adopt
for
the
handling
of
reports
of
child
abuse
alleged
to
35
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186
have
been
committed
by
an
employee
of
a
school.
Such
rules
1
must
include
but
not
be
limited
to
requiring
schools
to
report
2
all
child
abuse
alleged
to
have
been
committed
by
an
employee
3
of
a
school
to
HHS;
and
requiring
schools
to
also
report
to
law
4
enforcement
child
abuse
alleged
to
have
been
committed
by
an
5
employee
of
the
school
if
the
alleged
child
abuse,
if
true,
6
would
constitute
a
criminal
act
harming
a
child.
7
The
bill
requires
each
board
and
authority
to
prescribe
8
procedures,
in
accordance
with
rules
adopted
by
HHS,
for
9
the
handling
of
reports
of
child
abuse
alleged
to
have
been
10
committed
by
an
employee
of
the
school.
11
The
bill
requires
each
board
and
authority
to
place
an
12
employee
on
administrative
leave
if
the
employee
is
the
subject
13
of
an
ongoing
child
abuse
assessment.
The
employee
shall
also
14
be
prohibited
from
entering
school
property
while
the
employee
15
is
subject
to
an
ongoing
child
abuse
assessment.
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