Guidance

Background Check Requirements for Iowa Schools

Legal Requirements for Iowa Schools

 

Requirements & Code Reference Table by Position at the District

  • Background Check Requirements Table by Position - Download this handy reference guide which summarizes your compliance requirements by position at the school district, and also references the various legal requirements for each position. (Last updated May 2019)

 

Miscellaneous Tools & Forms to Help with Compliance

  • Background Check Tracking & Scheduling Tool - ISFIS created this Excel-based tool to help school track employee background check information and dates needed for future checks, to help you comply with legislative that went into effect in 2013. Input your employee names, district ID (optional), date of hire and last background check in the yellow shaded columns and the tool does the rest for you. The tool will calculate the next background check due date based on the information you entered and then flag the background checks due in the next 30 days each time you open or update the file.
  • Access a copy of "Your Rights Under the Fair Credit Reporting Act" which must be shared with applicants or employees if your district takes an adverse action (decision not to hire, not to promote, or to discipline or discharge based on the result of a background check).
  • Disclosure & Authorization Forms - Updated Disclosure and Authorization Forms (11.7.18)

 

ISFIS Background Check Partners - 3rd Degree Screening

  • ISFIS works with 3rd Degree Screening to help districts comply with the letter and the intent of the law on pre-employment screenings for employees and volunteers. Find more information on our website at ISFIS Background Checks or visit their website at 3rd Degree Screening. Contact service@iowaschoolfinance.com for any background check compliance questions.

 


Historical Information on Background Check Legislation

The 2013 legislative session included a mandate for certain school employees to have a background check conducted. View the ISFIS memo guidance linked on this page describing the legal requirements, as well as the helpful requirement chart by position indicating who needs to have a check run. 

Iowa law requires a school district to check the background of potential teacher employees before signing the employment contract.  Districts are not required to conduct a background investigation of new teachers operating with an initial license since the BOEE conducts the check upon issuing the initial license. Backgrounds of all other teacher applicants, defined as licensed employees with a 279.13 contract, are required to be checked. These teachers include nurses, librarians, speech therapists, in addition to classroom teachers, and do not include substitutes who are not issued a 279.13 contract.

The requirement applies to school districts, AEAs and Community Colleges. There is not, however, a prohibition against checking or rechecking the backgrounds of all other employees, including administrators and bus drivers. It is a good idea to initiate the check on any employee who might have contact with students or access to district money. Districts may also consider background checks of volunteers or offer the services of the program to construction and other contractors which might be on school property.

Who has to be checked by the district? Teacher is defined as a licensed employee (other than one with an initial license) given a 279.13 contract. Substitutes who are not given contracts are not included, but nurses, consultants, librarians, speech therapists, etc. who have the same contracts as teachers are covered by the mandate, but it is still best practice to check. The Board of Educational Examiners conducts the background check for new teachers applying for an initial license, so districts are not required to check beginning teachers’ criminal or registry backgrounds.

When must the district check? 
Before a teaching contract can be signed, the district must first initiate a state criminal history record check, including fingerprinting, through the Division of Criminal Investigation (DCI) of the Iowa Department of Public Safety. The forms and information can be found on the DCI web site at http://www.dps.state.ia.us/DCI/index.shtml

What other checks must be done? 
Districts are required to review the Iowa sex offender registrythe Iowa child abuse registry, and the Iowa dependent adult abuse registry. You can either take these steps on your own or contract with a vendor to conduct the searches for you. 

Additional background and history: What the law says:
During the 2008 legislative session, the law was changed to require DCI fingerprint checks and other background checks.  The language is now part of the Iowa Code, found in Chapter 279.13 [http://www.legis.iowa.gov/DOCS/ACO/IC/LINC/Section.279.13.pdf]
 
The specific subsection states:
279.13 Contracts with teachers — automatic continuation — initial background investigations.
1. a. Contracts with teachers, which for the purpose of this section means all licensed employees of a school district and nurses employed by the board, excluding superintendents, assistant superintendents, principals, and assistant principals, shall be in writing and shall state the number of contract days, the annual compensation to be paid, and any other matters as may be mutually agreed upon. The contract may include employment for a term not exceeding the ensuing school year, except as otherwise authorized.
    b. (1) Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under Chapter 272 , the school district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety , submit the applicant’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14 , and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant for employment as a teacher.
        (2) The school district may charge the applicant a fee not to exceed the actual cost charged the school district for the state and national criminal history checks and registry checks conducted pursuant to subparagraph (1).

Bus Drivers - Effective July 1, 2012 Iowa law requires the background check of a potential bus driver, whether an employee or outsourced contract transportation service, and a recheck with license renewal every five years. Checking the backgrounds of all other employees may not be required, but is good practice; especially for any employee who might have contact with students, access to district money, or be required to operate a school vehicle.  Districts may also consider background checks of volunteers or offer the services of the program to construction and other contractors which might be on school property.

SF 2221 Bus Driver Background Checks:  Section 321.375, Code 2011  NEW SUBSECTION.  1A.  Prior to hiring an applicant for a school bus driver position, including a contract position, an employer shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant. An employer shall follow the same procedure every five years upon the renewal of an employee’s or contract employee’s school bus driver’s license issued by the department of transportation valid for the operation of a school bus. An employer shall pay for the cost of the registry checks conducted pursuant to this subsection. An employer shall maintain documentation demonstrating compliance with this subsection.

Iowa Code 272.2(17) BOEE background check requirements - 17. Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The board shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The board shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under chapter 235A, and the dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal.
 
SF 452 - Signed by Gov. Branstad June 21, 2013, Division XVII of SF 452 Standard Appropriations,
Sec. 137. NEW SECTION. 279.69 School employees——background investigations.

1. Prior to hiring an applicant for a school employee position, a school district shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant. A school district shall follow the same procedure by June 30, 2014, for each school employee employed by the school district as of July 1, 2013. A school district shall implement a consistent policy to follow the same procedure for each school employee employed by the school district on or after July 1, 2013, at least every five years after the school employee’s initial date of hire. A school district shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. A school district shall maintain documentation demonstrating compliance with this subsection.

2. Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry.

3. For purposes of this section, “school employee” means an individual employed by a school district, including a part-time, substitute, or contract employee. “School employee” does not include an individual subject to a background investigation pursuant to section 272.2, subsection 17, section 279.13, subsection 1, paragraph “b”, or section 321.375, subsection 2.