Bill
HF 389
Creates a specialized framework requiring rapid, school-focused investigations of student abuse by school employees, with mandatory administrative leave, reporting, and potential l
Status and procedural history
- Introduced: Feb 13, 2025.
- Passed House (96–0) with amendments: Mar 19, 2025.
- Referred to Senate Education Committee: Jun 16, 2025.
- Key amendments: H‑1128 (creates new chapter 232E and reorganizes procedures), H‑1133 (adds mandatory termination language); H‑1091 withdrawn.
Purpose and intent
HF 389 establishes a distinct statutory framework for investigating and responding to alleged student abuse by school employees (public and nonpublic). The bill moves to ensure faster, school‑specific investigations, mandatory school responses during investigations, reporting to licensing authorities, and coordinated rulemaking between the Department of Health and Human Services (HHS) and the Department of Education (DE).
Key provisions (by major topic)
- Definitions: Adds statutory definitions for “public school,” “nonpublic school,” “school employee,” “student,” and a new definition of “student abuse” (physical injury, sexual offenses, or conduct enabling prohibited acts when occurring on school grounds or at school activities).
- New investigative authority (new chapter 232E):
- If HHS intake identifies an allegation of student abuse by a school employee, HHS must notify the related school board/authority and the Board of Educational Examiners (BOEE).
- The school must place the employee on administrative leave and prohibit entry to school property during the investigation.
- HHS must refer suspected criminal conduct to law enforcement and notify BOEE if the employee holds BOEE credentials.
- HHS must commence investigations within 24 hours and complete them within 30 business days.
- Upon completion HHS must send a written investigation report to the school board/authority and to BOEE (where applicable).
- HHS must keep student‑abuse records separate from general child‑abuse records and adopt rules (in consultation with DE) governing intake, investigation, reporting, retention, dissemination, and disposition.
- School policies and DE role:
- DE, in consultation with HHS, must adopt rules and a model policy for handling student abuse investigations; schools must cooperate with HHS.
- Schools are required to report alleged employee‑perpetrated child abuse to HHS and, where the conduct would be criminal, to law enforcement.
- Licensing and BOEE:
- HHS assessment findings that meet the child‑abuse definition must be reported to BOEE when the alleged perpetrator holds BOEE credentials.
- BOEE rule language expanded to allow denial/revocation of license/certification when a person is in the child‑abuse central registry or was found to have committed an act meeting Iowa’s child‑abuse definition in another jurisdiction.
- Employment consequences (amendment H‑1133):
- If the school board/authority receives a written HHS investigation report indicating HHS determined the school employee committed student abuse, the school board/authority must terminate the employee.
Who is affected
- School employees (teachers, administrators, vendors, volunteers, agents), and applicants being considered for employment.
- Public school districts and nonpublic schools (boards/authorities).
- HHS (investigations), DE (rulemaking, model policy), BOEE (licensing actions), law enforcement, and agencies handling ALJ hearings.
Fiscal impact (as amended/passed by House)
- HHS estimates ~600 additional investigations/year. To implement Division I, estimated statewide costs:
- FY 2026 — Total: ~$869,000; State share: ~$755,000.
- FY 2027 — Total: ~$678,000; State share: ~$656,000.
- Major cost drivers:
- 7.0 new FTEs (5 Social Worker 3; 1 Social Worker Supervisor; 1 Advanced Typist). Approximate starting salaries/benefits cited: Social Worker 3 ≈ $74,000; Supervisor ≈ $83,000; Typist ≈ $49,000.
- Increased administrative law judge (ALJ) hearing costs ≈ $119,000/year.
- One‑time IT update to HHS case system (~$191,000 total; state share ~52% ≈ $99,000).
- Mandatory‑reporting training revision (~$30,000; state pays 25% ≈ $8,000; federal pays remainder).
Other notes
- The bill amends Iowa Code chapter 232 (child abuse) to explicitly include school employees/agents as “persons responsible for the care of a child” for purposes of child‑abuse assessments and reporting.
- Division II centers DE’s role in rulemaking and model policy; Division I establishes HHS investigatory procedures and timelines.
- The bill is intended to strengthen protections for students, standardize response procedures across schools, and ensure licensing consequences for employees found to have committed abuse.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
