Relating to student abuse by school employees

Sponsored by the House Education Committee, Rep. Brooke Boden (R)

Topics:K–12 education Families & human services

Same legislation: HF 186, SF 221, SF 517

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Official bill page Lobbyist declarations One-pager to print

Where it is now

Done: IntroducedJanuary 30, 2025
Done: SubcommitteeFebruary 6, 2025
Done: House committeeFebruary 11, 2025
Done: Passes the HouseMarch 19, 202596–0
Done: Senate committeeApril 3, 2025
Stopped: Passes the SenateDied when the General Assembly ended
Next: To the Governor
Next: Signed into law

Died when the session ended The 2026 session adjourned on May 3, 2026, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary School employees and agents would now be officially considered people responsible for a child's care when reporting child abuse. If a school employee is accused of abuse, the state must report the findings to the board of educational examiners. Schools would also be required to follow specific rules for handling these reports, such as placing the employee on administrative leave and keeping them off school property during an investigation.¹

Read the official explanation

This bill relates to child abuse and employees and agents of public schools and nonpublic schools.68 is used for reporting child abuse to the department of health and human services (HHS), for performing assessments of child abuse reports, and for making determinations as to whether a person committed child abuse. With one exception, the acts or omissions which meet the definition of “child abuse” only qualify as child abuse when a person responsible for the care of a child commits the act or omission. Under current law, the definition of “a person responsible for the care of a child” does not include an employee or agent of a public school or nonpublic school. The bill defines “public school” and “nonpublic school” for purposes of child abuse reporting, and adds employees and agents of a public school or nonpublic school to the definition of “a person responsible for the care of a child”. The bill requires HHS to report the results of a child abuse assessment to the board of educational examiners if the alleged perpetrator is an employee or agent (employee) of any public school or nonpublic school (school); the alleged perpetrator holds a license, certificate, authorization, or statement of recognition issued by the board of educational examiners; and HHS issues a finding that the alleged child abuse meets the definition of child abuse. The bill requires HHS to adopt rules, in consultation with the department of education, to develop minimum procedures each board of directors of a school district (board) and each authority in charge of a nonpublic school (authority) must adopt for the handling of reports of child abuse alleged to have been committed by an employee of a school. Such rules must include but not be limited to requiring schools to report all child abuse alleged to have been committed by an employee of a school to HHS; and requiring schools to also report to law enforcement child abuse alleged to have been committed by an employee of the school if the alleged child abuse, if true, would constitute a criminal act harming a child. The bill requires each board and authority to prescribe procedures, in accordance with rules adopted by HHS, for the handling of reports of child abuse alleged to have been committed by an employee of the school. The bill requires each board and authority to place an employee on administrative leave if the employee is the subject of an ongoing child abuse assessment. The employee shall also be prohibited from entering school property while the employee is subject to an ongoing child abuse assessment.

Changed since by amendment H-1128; see Amendments.

Full bill text²

13 written public comments to its subcommittee: February 20, 2025 (1), February 10, 2025 (12) · on the Legislature’s site

Fiscal note

Cost: up to $755,000 Compare with other bills

AI summary This bill requires the Department of Health and Human Services to investigate allegations of student abuse involving school employees and notify school boards and the Board of Educational Examiners. Division I of the bill is estimated to increase costs to the Department of Health and Human Services by approximately $755,000 in fiscal year 2026 and approximately $656,000 in fiscal year 2027. Division II is not anticipated to have a fiscal impact.³

Read the fiscal note

Description

House File 389 as amended has two divisions, and relates to investigations of student abuse by school employees.

Division I of the Bill does the following:

Requires the Department of Health and Human Services (HHS) to notify the board of directors of a public school district (board), or the authority in charge of a nonpublic school (authority), and the Board of Educational Examiners (BOEE), if, during a child abuse intake, the HHS receives a report from an identifiable source and the HHS determines the report constitutes an allegation of student abuse involving a school employee.
Requires each board and authority to place an employee on administrative leave and prohibit the employee from entering school property if the employee is the subject of an ongoing student abuse investigation.
Requires the HHS to refer the matter to, and cooperate with, the appropriate law enforcement agency; notify the board or authority; and notify the BOEE if the school employee is licensed, certified, or authorized by the BOEE, or holds an active statement of recognition issued by the BOEE, if the HHS determines the alleged student abuse constitutes a criminal act.
Requires the HHS to commence an investigation within 24 hours, and complete the investigation within 30 business days, of receiving a report of alleged student abuse.
Requires the HHS to submit a written investigation report to the board or authority, and the BOEE if the school employee subject to the investigation is licensed, certified, or authorized by the BOEE, or holds an active statement of recognition issued by the BOEE, upon completion of an investigation.
Requires the HHS to adopt administrative rules, in consultation with the Department of Education (DE), regarding the intake and investigation processes, investigation reports, case and investigation record retention and dissemination, and case disposition.
Requires the HHS to maintain information and data regarding student abuse reports, investigations, and dispositions separately from information and data regarding child abuse reports, assessments, and dispositions under Iowa Code chapter 232.

Division II of the Bill makes changes regarding procedures for the handling of student abuse reports and punishment of student abuse by school employees. The Division requires the DE, in consultation with the HHS, to adopt administrative rules and a model policy for handling investigations.

Background

Iowa Code chapter 232 provides for child abuse reporting, assessments, and rehabilitation. The HHS responds to all accepted reports that allege child abuse. In Iowa Code section 232.68, an act or omission only qualifies as child abuse when it is committed by a person responsible for the care of a child. The current definition of a “person responsible for the care of a child” does not include an employee or agent of a public or nonpublic school.

The BOEE, established in Iowa Code section 256.146, is within the higher education division of the DE. The BOEE is responsible for licensing; establishing standards; enforcing rules; and hearing appeals related to licensing, among other things, for school administrators and teachers.

Iowa Code section 280.17 provides procedures for handling child abuse reports. Under current law, boards and authorities are required to prescribe procedures for the handling of reports of child abuse, alleged to have been committed by an employee or agent of the school, in accordance with guidelines adopted by the DE.

The HHS contracts with Briljent to create and provide mandatory reporter training to those who are mandated by law to report suspected abuse or neglect.

Assumptions

The HHS estimates that it will conduct an additional 600 investigations per year.
The HHS will need 7.0 new full-time equivalent (FTE) positions, including:
5.0 Social Worker 3 FTE positions.
1.0 Social Worker Supervisor FTE position.
1.0 Advanced Typist FTE position.
The starting salary and benefits total approximately $74,000 for a Social Worker 3, approximately $83,000 for a Social Worker Supervisor, and approximately $49,000 for an Advanced Typist.
Costs for FTE positions may increase 3.0% per year for each position.
Support costs for the 7.0 FTE positions will cost approximately $26,000 in FY 2025 and approximately $11,000 in FY 2026. This includes approximately $15,000 in one-time costs in FY 2026.
The HHS will need to revise mandatory reporter training, which will cost an estimated $30,000 per the contract with Briljent. The State will pay 25.0% of the costs, while the federal government will pay 75.0%.
Costs for administrative law judge (ALJ) hearings will increase by approximately $119,000 per year. These costs are paid by the HHS to the Department of Inspections, Appeals, and Licensing (DIAL).
A one-time information technology (IT) expense of approximately $191,000 in FY 2026 will be necessary to update the HHS’s Jarvis system. The State will pay 52.0% of these costs, while the federal government will pay 48.0%.