IA
Iowa House Bill HF389

Iowa 2025-2026 Regular Session

Iowa House Bill HF389 Compare Versions

OldNewDifferences
1-House File 389 - Reprinted 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 HF 389 (2) 91 dg/ko/md
1+House File 389 - Introduced HOUSE FILE 389 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 186) 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 1100HV (1) 91 dg/ko
22
3- H.F. 389 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 35 -1- HF 389 (2) 91 dg/ko/md 1/ 5
3+ H.F. 389 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: 35 -1- LSB 1100HV (1) 91 dg/ko 1/ 4
44
5- H.F. 389 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 35 -2- HF 389 (2) 91 dg/ko/md 2/ 5
5+ H.F. 389 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 35 -2- LSB 1100HV (1) 91 dg/ko 2/ 4
66
7- H.F. 389 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. 35 -3- HF 389 (2) 91 dg/ko/md 3/ 5
7+ H.F. 389 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 explanations 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 -3- LSB 1100HV (1) 91 dg/ko 3/ 4
88
9- H.F. 389 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 35 -4- HF 389 (2) 91 dg/ko/md 4/ 5
10-
11- H.F. 389 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 . 10 -5- HF 389 (2) 91 dg/ko/md 5/ 5
9+ H.F. 389 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. 16 -4- LSB 1100HV (1) 91 dg/ko 4/ 4