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Amendments › HF 389

Amendment H-1128 to HF 389

Relating to student abuse by school employees

Adopted · March 19, 2025Strike everything: replaces the whole bill

Filed March 19, 2025 in the House by

What it changes

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

Official amendment (PDF) · In the Bill Book