Iowa-2015-SF379-Introduced
Senate File 379 - Introduced
SENATE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB
1048)
A BILL FOR
1 An Act relating to the licensure of child care programs
2 operated or contracted for by a school district or
3 accredited nonpublic school and including effective date
4 provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 237A.1, subsection 3, paragraph b, Code
1 2 2015, is amended by striking the paragraph.
1 3 Sec. 2. Section 279.49, subsection 1, Code 2015, is amended
1 4 by striking the subsection.
1 5 Sec. 3. Section 279.49, subsections 2 and 3, Code 2015, are
1 6 amended to read as follows:
1 7 2. The board of directors of a school corporation may
1 8 operate or contract for the operation of a program to provide
1 9 child care to children not enrolled in school or to students
1 10 enrolled in kindergarten through grade six before and after
1 11 school, or to both. Programs operated or contracted by a board
1 12 shall either meet standards for child care programs adopted
1 13 by the state board of education or shall be licensed by the
1 14 department of human services under chapter 237A as a child care
1 15 center. A program operated by a board under contract which is
1 16 not located on property owned or leased by the board must be
1 17 licensed by the department of human services. Notwithstanding
1 18 requirements of the department of human services regarding
1 19 space allocated to child care centers licensed under chapter
1 20 237A, a program operated or contracted by a board which is
1 21 located on school grounds may define alternative spaces,
1 22 in policy and procedures, appropriate to meet the needs of
1 23 children in the program if the primary space is required for
1 24 another use.
1 25 3. a. The person employed to be responsible for a program
1 26 operated or contracted by a board that is not licensed by the
1 27 department of human services shall be an appropriately licensed
1 28 teacher under chapter 272 or shall meet other standards adopted
1 29 by the state board of education.
1 30 b. An employee of a program operated or contracted by a
1 31 board shall be subject to a background investigation at least
1 32 once every five years after the employee's initial date of
1 33 hire.
1 34 Sec. 4. Section 280.3A, Code 2015, is amended to read as
1 35 follows:
2 1 280.3A Accredited nonpublic school child care programs.
2 2 Authorities in charge of an accredited nonpublic schools
2 3 school may operate or contract for the operation of a child
2 4 care programs, as defined program, as described in section
2 5 279.49, subsection 1. The provisions of section 279.49 as
2 6 they relate to child care programs of a school corporation and
2 7 its board of directors apply to the child care programs of the
2 8 accredited nonpublic school and the authority in charge.
2 9 Sec. 5. EFFECTIVE DATE AND IMPLEMENTATION. This Act takes
2 10 effect January 1, 2016, except that the department of human
2 11 services may begin implementation prior to January 1, 2016, to
2 12 the extent necessary to transition to full implementation of
2 13 the provisions of this Act.
2 14 EXPLANATION
2 15 The inclusion of this explanation does not constitute agreement with
2 16 the explanation's substance by the members of the general assembly.
2 17 Under current law, either the department of human services
2 18 (DHS) or the department of education (DE) is required to
2 19 license a child care program operated by or contracted for by a
2 20 school district or accredited nonpublic school to provide child
2 21 care to children not enrolled in school or to students enrolled
2 22 in kindergarten through grade six before and after school, or
2 23 to both.
2 24 This bill provides that DHS shall be the only state agency
2 25 responsible for the licensure of such child care programs and
2 26 requires DHS to issue such licenses. The bill provides that
2 27 a program operated or contracted by a board of directors of a
2 28 school corporation that is located on school grounds may define
2 29 alternative spaces appropriate to meet the needs of children
2 30 in the child care program under certain circumstances. An
2 31 employee of a child care program operated or contracted by a
2 32 board shall be subject to a background investigation once every
2 33 five years.
2 34 Conforming Code changes are made striking Code section
2 35 237A.1, subsection 3, paragraph "b", relating to the definition
3 1 of "child care" for purposes of DHS licensure and DE child care
3 2 programs provided for under Code sections 279.49 and 280.3A,
3 3 striking references in Code section 279.49 relating to child
3 4 care programs not licensed or approved by DHS, and amending
3 5 Code section 280.3A relating to accredited nonpublic school
3 6 child care programs.
3 7 The bill takes effect January 1, 2016, except that DHS may
3 8 begin implementation prior to that date.
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