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House
File
389
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HOUSE
FILE
389
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
186)
(As
Amended
and
Passed
by
the
House
March
19,
2025
)
A
BILL
FOR
An
Act
relating
to
student
abuse
by
school
employees.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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389
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DIVISION
I
1
STUDENT
ABUSE
INVOLVING
A
SCHOOL
EMPLOYEE
——
DEPARTMENT
OF
2
HEALTH
AND
HUMAN
SERVICES
INVESTIGATIONS
3
Section
1.
NEW
SECTION
.
232E.1
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Board
of
educational
examiners”
means
the
board
created
7
in
section
256.146.
8
2.
“Department”
means
the
department
of
health
and
human
9
services.
10
3.
“Investigation”
means
the
process
by
which
the
department
11
responds
to
all
accepted
reports
of
alleged
student
abuse.
12
4.
“Nonpublic
school”
means
the
same
as
defined
in
section
13
280.2.
14
5.
“Public
school”
means
the
same
as
defined
in
section
15
280.2.
16
6.
“Public
school
district”
means
a
public
school
district
17
as
described
in
chapter
274,
and
includes
a
charter
school
18
under
chapter
256E,
or
a
charter
school
or
an
innovation
zone
19
school
under
chapter
256F.
20
7.
“School
employee”
means
any
of
the
following:
21
a.
A
person
employed
by
a
public
school
or
a
nonpublic
22
school.
23
b.
A
vendor,
or
an
employee
of
a
vendor,
that
provides
goods
24
or
services
to
a
public
school
or
a
nonpublic
school.
25
c.
An
agent,
or
an
employee
of
an
agent,
of
a
public
school
26
or
a
nonpublic
school.
27
d.
A
volunteer
under
the
direction
and
control
of
any
of
the
28
following:
29
(1)
The
board
of
directors
or
any
administrator
of
a
public
30
school
district.
31
(2)
The
board
or
authorities
in
control
of
a
nonpublic
32
school.
33
(3)
The
board
of
directors
or
administrator
of
an
agency
34
called
upon
by
a
school
official
to
provide
services
to
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students
in
an
educational
capacity.
1
8.
“Student”
means
a
person
enrolled
in
a
public
school,
2
a
nonpublic
school,
or
a
prekindergarten
program
in
a
public
3
school
or
a
nonpublic
school.
4
9.
“Student
abuse”
means
any
of
the
following
which
occur
on
5
school
grounds
during
school
time,
or
on
or
at
a
school-related
6
curricular
or
extracurricular
activity:
7
a.
Any
nonaccidental
physical
injury,
or
an
injury
which
8
does
not
match
the
history
provided
for
how
the
injury
9
occurred,
suffered
by
a
student
as
the
result
of
an
act
or
10
omission
of
a
school
employee,
that
is
not
otherwise
excluded
11
by
section
280.21,
subsection
2.
12
b.
The
commission
of
a
sexual
offense
with
or
to
a
child
13
or
minor
student
pursuant
to
chapter
709,
section
726.2,
or
14
section
728.12,
subsection
1,
as
a
result
of
an
act
or
omission
15
of
a
school
employee.
16
c.
An
act
or
omission
of
a
school
employee
which
allows,
17
permits,
or
encourages
a
child
or
minor
student
to
engage
in
an
18
act
prohibited
under
section
725.1.
19
Sec.
2.
NEW
SECTION
.
232E.2
Investigation
of
alleged
20
student
abuse
by
school
employees
——
rules.
21
1.
The
department
shall
administer
this
chapter
to
provide
22
for
the
investigation
of
reports
of
alleged
student
abuse
by
23
school
employees
as
specified
in
this
chapter.
24
2.
a.
If,
during
the
child
abuse
intake
process
under
25
chapter
232,
subchapter
3,
part
2,
the
department
receives
26
a
report
from
an
identifiable
source
and
the
department
27
determines
the
report
constitutes
an
allegation
of
student
28
abuse
involving
a
school
employee,
the
department
shall
notify
29
the
board
of
directors
of
the
public
school
district
or
the
30
authorities
in
charge
of
the
nonpublic
school
associated
with
31
the
school
employee,
and
the
board
of
educational
examiners,
of
32
the
determination.
33
b.
Upon
notification
under
paragraph
“a”
,
the
board
of
34
directors
of
the
public
school
district
or
the
authorities
in
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charge
of
the
nonpublic
school
shall
place
the
school
employee
1
on
administrative
leave
and
shall
prohibit
the
school
employee
2
from
entering
school
property
until
the
investigation
is
3
completed.
4
3.
If
the
department
determines
the
alleged
student
abuse
5
constitutes
a
criminal
act,
the
department
shall
do
all
of
the
6
following:
7
a.
Immediately
refer
the
matter
to,
and
cooperate
in
the
8
investigation
with,
the
appropriate
law
enforcement
agency.
9
b.
Notify
the
board
of
directors
of
the
public
school
10
district,
or
the
authorities
in
charge
of
the
nonpublic
school,
11
associated
with
the
school
employee
of
the
referral
under
12
paragraph
“a”
.
13
c.
If
the
school
employee
is
licensed,
certified,
or
14
authorized
by
the
board
of
educational
examiners,
or
holds
15
an
active
statement
of
recognition
issued
by
the
board
of
16
educational
examiners,
notify
the
board
of
educational
17
examiners
of
the
referral
under
paragraph
“a”
.
18
4.
Following
receipt
of
a
report
of
alleged
student
abuse,
19
the
department
shall
do
all
of
the
following:
20
a.
Commence
an
investigation
within
twenty-four
hours
of
21
receipt
of
the
report.
22
b.
Complete
the
investigation
within
thirty
business
days
of
23
receipt
of
the
report.
24
5.
Upon
completion
of
an
investigation,
the
department
25
shall
submit
a
written
investigation
report
to
all
of
the
26
following:
27
a.
The
board
of
directors
of
the
public
school
district,
or
28
the
authorities
in
charge
of
the
nonpublic
school,
associated
29
with
the
school
employee
subject
to
the
investigation.
30
b.
The
board
of
educational
examiners
if
the
school
31
employee
subject
to
the
investigation
is
licensed,
certified,
32
or
authorized
by
the
board
of
educational
examiners,
or
holds
33
an
active
statement
of
recognition
issued
by
the
board
of
34
educational
examiners.
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6.
The
department
shall
adopt
rules
pursuant
to
chapter
1
17A,
in
consultation
with
the
department
of
education,
to
2
administer
this
chapter.
Rules
adopted
by
the
department
shall
3
include
rules
regarding
the
intake
and
investigation
processes,
4
investigation
reports,
case
and
investigation
record
retention
5
and
dissemination,
and
case
disposition.
6
7.
The
department
shall
maintain
information
and
data
7
regarding
student
abuse
reports,
investigations,
and
8
dispositions
under
this
chapter
separately
from
information
9
and
data
regarding
child
abuse
reports,
assessments,
and
10
dispositions
under
chapter
232.
11
DIVISION
II
12
STUDENT
ABUSE
INVOLVING
A
SCHOOL
EMPLOYEE
——
DEPARTMENT
OF
13
EDUCATION
14
Sec.
3.
Section
280.17,
Code
2025,
is
amended
by
striking
15
the
section
and
inserting
in
lieu
thereof
the
following:
16
280.17
Student
abuse
investigations
——
termination
of
17
employment.
18
1.
The
board
of
directors
of
a
public
school
district
and
19
the
authorities
in
charge
of
a
nonpublic
school
shall
comply
20
with
chapter
232E,
and
shall
cooperate
with
the
department
of
21
health
and
human
services
during
an
investigation
commenced
22
under
chapter
232E.
23
2.
The
board
of
directors
of
a
public
school
or
the
24
authorities
in
charge
of
a
nonpublic
school
shall
terminate
the
25
employment
of
a
school
employee
if
the
board
of
directors
or
26
authorities
in
charge
receive
a
written
investigation
report
27
under
section
232E.2,
subsection
5,
indicating
the
department
28
of
health
and
human
services
has
determined
the
school
employee
29
committed
student
abuse.
30
3.
The
department
of
education,
in
consultation
with
the
31
department
of
health
and
human
services,
shall
adopt
rules
32
pursuant
to
chapter
17A,
and
a
model
policy,
for
the
handling
33
of
investigations
pursuant
to
chapter
232E.
34
Sec.
4.
Section
321.375,
subsection
3,
paragraph
d,
Code
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2025,
is
amended
to
read
as
follows:
1
d.
The
commission
of
or
conviction
for
a
public
offense
as
2
defined
by
the
Iowa
criminal
code,
if
the
offense
is
relevant
3
to
and
affects
driving
ability,
or
if
the
offense
includes
4
sexual
involvement
with
a
minor
student
with
the
intent
to
5
commit
acts
and
practices
proscribed
under
sections
709.2
6
through
709.4
,
section
709.8
,
and
sections
725.1
through
725.3
,
7
or
is
a
violation
of
the
rules
of
the
department
of
education
8
adopted
to
implement
section
280.17
student
abuse
as
defined
9
in
section
232E.1
.
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