Read the full stored bill text
Senate
File
221
-
Introduced
SENATE
FILE
221
BY
SALMON
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
TLSB
1100XS
(8)
91
dg/ko
S.F.
221
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,
subsection
7,
Code
2025,
is
amended
11
to
read
as
follows:
12
7.
Facility
or
school
visit.
The
assessment
may
include
a
13
visit
to
a
facility
providing
care
to
the
child
named
in
the
14
report
or
to
any
public
or
private
school
or
nonpublic
school
15
subject
to
the
authority
of
the
department
of
education
where
16
the
child
named
in
the
report
is
located.
The
administrator
of
17
a
facility,
or
a
public
or
private
school
or
nonpublic
school
18
shall
cooperate
with
the
child
protection
worker
by
providing
19
confidential
access
to
the
child
named
in
the
report
for
the
20
purpose
of
interviewing
the
child,
and
shall
allow
the
child
21
protection
worker
confidential
access
to
other
children
for
the
22
purpose
of
conducting
interviews
in
order
to
obtain
relevant
23
information.
The
child
protection
worker
may
observe
a
child
24
named
in
a
report
in
accordance
with
the
provisions
of
section
25
232.68,
subsection
3
,
paragraph
“b”
.
A
witness
shall
be
present
26
during
an
observation
of
a
child.
Any
child
aged
ten
years
of
27
age
or
older
can
terminate
contact
with
the
child
protection
28
worker
by
stating
or
indicating
the
child’s
wish
to
discontinue
29
the
contact.
The
immunity
granted
by
section
232.73
applies
30
to
acts
or
omissions
in
good
faith
of
administrators
and
their
31
facilities
or
school
districts
for
cooperating
in
an
assessment
32
and
allowing
confidential
access
to
a
child.
33
Sec.
4.
Section
232.71B,
Code
2025,
is
amended
by
adding
the
34
following
new
subsections:
35
-1-
LSB
1100XS
(8)
91
dg/ko
1/
7
S.F.
221
NEW
SUBSECTION
.
21.
Board
of
educational
examiners
——
1
notice.
The
department
shall
report
the
results
of
a
child
2
abuse
assessment
to
the
board
of
educational
examiners
created
3
in
section
256.146
if
all
of
the
following
circumstances
apply:
4
a.
The
alleged
perpetrator
is
an
employee
or
agent
of
any
5
public
school
or
nonpublic
school.
6
b.
The
alleged
perpetrator
holds
a
license,
certificate,
7
authorization,
or
statement
of
recognition
issued
by
the
board
8
of
educational
examiners.
9
c.
The
department
issues
a
finding
that
the
alleged
child
10
abuse
meets
the
definition
of
child
abuse.
11
NEW
SUBSECTION
.
22.
School
district
board
of
directors
and
12
nonpublic
school
authorities
——
notice.
The
department
shall
13
report
the
results
of
a
child
abuse
assessment
to
the
board
14
of
directors
of
a
public
school
district,
or
the
authorities
15
in
charge
of
a
nonpublic
school,
if
all
of
the
following
16
circumstances
apply:
17
a.
The
alleged
perpetrator
is
an
employee
or
agent
of
a
18
public
school
under
the
authority
of
the
board
of
directors,
or
19
an
employee
or
agent
under
the
authority
of
the
authorities
in
20
charge
of
a
nonpublic
school.
21
b.
The
department
issues
a
finding
that
the
alleged
child
22
abuse
meets
the
definition
of
child
abuse.
23
Sec.
5.
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
the
board
28
of
directors
of
each
school
district
and
authorities
in
charge
29
of
each
nonpublic
school
shall
adopt,
pursuant
to
section
30
280.17,
for
the
handling
of
reports
of
child
abuse
alleged
to
31
have
been
committed
by
an
employee
or
agent
of
a
public
school
32
or
nonpublic
school.
33
2.
Rules
adopted
under
this
section
shall
include
but
not
be
34
limited
to
all
of
the
following:
35
-2-
LSB
1100XS
(8)
91
dg/ko
2/
7
S.F.
221
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.
6.
Section
235A.15,
subsection
2,
paragraph
c,
Code
10
2025,
is
amended
by
adding
the
following
new
subparagraphs:
11
NEW
SUBPARAGRAPH
.
(14)
To
the
board
of
educational
12
examiners
created
in
section
256.146,
if
the
data
concerns
a
13
person
that
holds
a
license,
certification,
authorization,
or
14
statement
of
recognition
issued
by
the
board
of
educational
15
examiners.
16
NEW
SUBPARAGRAPH
.
(15)
To
the
board
of
directors
of
a
17
public
school
district
if
the
data
concerns
a
person
employed
18
or
being
considered
for
employment
by
the
public
school
19
district.
20
NEW
SUBPARAGRAPH
.
(16)
To
the
authorities
in
charge
of
21
a
nonpublic
school
as
defined
in
section
280.2
if
the
data
22
concerns
a
person
employed
or
being
considered
for
employment
23
by
the
nonpublic
school.
24
Sec.
7.
Section
256.146,
subsection
13,
paragraph
a,
Code
25
2025,
is
amended
to
read
as
follows:
26
a.
The
board
may
deny
a
license
to
or
revoke
the
license
27
of
a
person
upon
the
board’s
finding
by
a
preponderance
of
28
evidence
that
either
the
person
has
been
convicted
of
an
29
offense
and
the
offense
directly
relates
to
the
duties
and
30
responsibilities
of
the
profession
or
that
there
has
been
31
a
founded
report
of
child
abuse
against
the
person
.
Rules
32
adopted
in
accordance
with
this
paragraph
shall
provide
that
in
33
determining
whether
a
person
should
be
denied
a
license
or
that
34
a
practitioner’s
license
should
be
revoked,
the
board
shall
35
-3-
LSB
1100XS
(8)
91
dg/ko
3/
7
S.F.
221
consider
the
nature
and
seriousness
of
the
founded
abuse
or
1
offense
in
relation
to
the
position
sought,
the
time
elapsed
2
since
the
offense
was
committed,
the
degree
of
rehabilitation
3
which
has
taken
place
since
the
incidence
of
founded
abuse
or
4
the
commission
of
the
offense,
the
likelihood
that
the
person
5
will
commit
the
same
abuse
or
offense
again,
and
the
number
6
of
founded
abuses
committed
by
or
criminal
convictions
of
the
7
person
involved.
8
Sec.
8.
Section
256.146,
subsection
13,
Code
2025,
is
9
amended
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0c.
The
board
shall
deny
or
revoke
a
11
license,
certification,
authorization,
or
statement
of
12
recognition
of
a
person
described
by
any
of
the
following:
13
(1)
The
person
is
in
the
central
registry
for
child
abuse
14
information
established
in
section
235A.14
as
having
committed
15
founded
child
abuse.
16
(2)
The
person
was
found
to
have
committed
an
act
that
would
17
constitute
child
abuse
as
defined
in
section
232.68
in
another
18
state
or
foreign
jurisdiction.
19
Sec.
9.
Section
280.17,
Code
2025,
is
amended
by
striking
20
the
section
and
inserting
in
lieu
thereof
the
following:
21
280.17
Procedures
for
handling
child
abuse
reports.
22
1.
For
purposes
of
this
section:
23
a.
“Child
abuse”
means
the
same
as
defined
in
section
24
232.68.
25
b.
“Child
abuse
assessment”
means
a
child
abuse
assessment
26
under
section
232.71B.
27
2.
a.
The
board
of
directors
of
a
school
district
and
the
28
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
29
procedures
in
accordance
with
rules
adopted
by
the
department
30
of
health
and
human
services
under
section
232.71E
for
handling
31
reports
of
child
abuse
alleged
to
have
been
committed
by
an
32
employee
or
agent
of
the
public
school
or
nonpublic
school.
33
b.
The
board
of
directors
of
a
school
district
and
the
34
authorities
in
charge
of
a
nonpublic
school
shall
exercise
35
-4-
LSB
1100XS
(8)
91
dg/ko
4/
7
S.F.
221
due
diligence
in
assisting
the
department
of
health
and
human
1
services,
as
requested
by
the
department
of
health
and
human
2
services,
with
a
child
abuse
assessment
related
to
child
abuse
3
alleged
to
have
been
committed
by
an
employee
or
agent
of
the
4
public
school
or
nonpublic
school.
5
3.
The
board
of
directors
of
a
school
district
and
the
6
authorities
in
charge
of
a
nonpublic
school
shall
place
7
on
administrative
leave
an
employee
or
agent
of
the
public
8
school
or
nonpublic
school
who
is
the
subject
of
an
ongoing
9
child
abuse
assessment.
The
employee
or
agent
shall
also
be
10
prohibited
from
entering
school
property
while
subject
to
an
11
ongoing
child
abuse
assessment.
12
4.
The
board
of
directors
of
a
school
district
and
the
13
authorities
in
charge
of
a
nonpublic
school
shall
terminate
14
the
employment
of
an
employee
or
agent
of
a
public
school
or
15
nonpublic
school
if
the
board
of
directors
or
authorities
in
16
charge
receive
a
notice
under
section
232.71B,
subsection
22,
17
that
the
employee
or
agent
has
committed
founded
child
abuse.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
child
abuse
and
employees
and
agents
of
22
public
schools
and
nonpublic
schools.
23
Under
current
law,
the
definition
of
“child
abuse”
in
24
Code
section
232.68
is
used
for
reporting
child
abuse
to
25
the
department
of
health
and
human
services
(HHS),
for
26
performing
assessments
of
child
abuse
reports,
and
for
making
27
determinations
as
to
whether
a
person
committed
child
abuse.
28
With
one
exception,
the
acts
or
omissions
which
meet
the
29
definition
of
“child
abuse”
only
qualify
as
child
abuse
when
30
a
person
responsible
for
the
care
of
a
child
commits
the
act
31
or
omission.
Under
current
law,
the
definition
of
“a
person
32
responsible
for
the
care
of
a
child”
does
not
include
an
33
employee
or
agent
of
a
public
school
or
nonpublic
school.
34
The
bill
defines
“public
school”
and
“nonpublic
school”
35
-5-
LSB
1100XS
(8)
91
dg/ko
5/
7
S.F.
221
for
purposes
of
child
abuse
reporting,
and
adds
employees
and
1
agents
of
a
public
school
or
nonpublic
school
to
the
definition
2
of
“a
person
responsible
for
the
care
of
a
child”.
3
The
bill
requires
HHS
to
report
the
results
of
a
child
abuse
4
assessment
to
the
board
of
educational
examiners
(BOEE)
if
5
the
alleged
perpetrator
is
an
employee
or
agent
(employee)
of
6
any
public
school
or
nonpublic
school
(school);
the
alleged
7
perpetrator
holds
a
license,
certificate,
authorization,
or
8
statement
of
recognition
issued
by
the
BOEE;
and
HHS
issues
a
9
finding
that
the
alleged
child
abuse
meets
the
definition
of
10
child
abuse.
The
bill
contains
similar
language
for
required
11
notice
to
the
board
of
directors
of
a
public
school
district
12
(board)
or
the
authorities
in
charge
of
a
nonpublic
school
13
(authorities)
if
the
alleged
perpetrator
is
an
employee
of
a
14
school
under
the
authority
of
the
board
or
of
the
authorities.
15
The
bill
requires
HHS
to
adopt
rules,
in
consultation
with
16
the
department
of
education,
to
develop
minimum
procedures
the
17
boards
and
authorities
must
adopt
for
the
handling
of
reports
18
of
child
abuse
alleged
to
have
been
committed
by
an
employee
19
of
a
school.
Such
rules
must
include
but
not
be
limited
to
20
requiring
schools
to
report
all
child
abuse
alleged
to
have
21
been
committed
by
an
employee
of
a
school
to
HHS;
and
requiring
22
schools
to
also
report
to
law
enforcement
child
abuse
alleged
23
to
have
been
committed
by
an
employee
of
the
school
if
the
24
alleged
child
abuse,
if
true,
would
constitute
a
criminal
act
25
harming
a
child.
26
The
bill
allows
the
BOEE
to
access
child
abuse
disposition
27
data
if
the
data
concerns
a
person
that
holds
a
license,
28
certification,
authorization,
or
statement
of
recognition
29
issued
by
the
BOEE.
The
bill
also
allows
boards
and
30
authorities
the
ability
to
access
child
abuse
disposition
data
31
if
the
data
concerns
a
person
employed
or
being
considered
for
32
employment
by
the
board
or
authorities.
33
The
bill
requires
the
BOEE
to
deny
or
revoke
the
license,
34
certification,
authorization,
or
statement
of
recognition
35
-6-
LSB
1100XS
(8)
91
dg/ko
6/
7
S.F.
221
of
a
person
who
is
in
the
central
registry
for
child
abuse
1
information
as
having
committed
founded
child
abuse,
or
was
2
found
to
have
committed
an
act
that
would
constitute
child
3
abuse
in
another
state
or
foreign
jurisdiction.
4
The
bill
requires
each
board
and
authorities
to
prescribe
5
procedures,
in
accordance
with
rules
adopted
by
HHS,
for
6
the
handling
of
reports
of
child
abuse
alleged
to
have
been
7
committed
by
an
employee
of
the
school.
8
The
bill
requires
each
board
and
authorities
to
place
an
9
employee
on
administrative
leave
if
the
employee
is
the
subject
10
of
an
ongoing
child
abuse
assessment.
The
employee
shall
also
11
be
prohibited
from
entering
school
property
while
the
employee
12
is
subject
to
an
ongoing
child
abuse
assessment.
13
The
bill
requires
a
board
or
authorities
to
terminate
the
14
employment
of
an
employee
if
the
board
or
authorities
receive
15
notice
that
HHS
has
determined
the
employee
has
committed
16
founded
child
abuse,
or
found
to
have
committed
an
act
that
17
would
constitute
child
abuse
in
another
jurisdiction.
18
-7-
LSB
1100XS
(8)
91
dg/ko
7/
7