HF 2184 (LSB 5144YH (5) 88)

HOUSE FILE 2184

BY  SALMON, KERR, BAXTER, OSMUNDSON, GASSMAN, GERHOLD, JENEARY, SHIPLEY, and WHEELER

A BILL FOR

An Act providing for the establishment of a policy prohibiting public school teachers from engaging in political or ideological advocacy while carrying out student instruction or otherwise acting within the scope of employment by a school district, providing for related training, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  256.25  Political or ideological advocacy in instruction by teachers prohibited —— policy.
   1.  The state board shall adopt by rule pursuant to chapter 17A a policy prohibiting a public school teacher, regardless of tenure status, from engaging in political or ideological advocacy while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district. The policy shall prohibit a teacher from doing any of the following while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district:
   a.  Endorsing, supporting, or opposing any candidate or nominee for public office or any elected or appointed official, whether such official is a member of the local, state, or federal government.
   b.  Endorsing, supporting, or opposing any pending, proposed, or enacted legislation or regulation, whether such legislation or regulation is pending, proposed, or has been enacted at the local, state, or federal level.
   c.  Endorsing, supporting, or opposing any pending, proposed, or decided court case or judicial action, whether such court case or judicial action is at the local, state, or federal level.
   d.  Endorsing, supporting, or opposing any pending, proposed, or executed executive action by an executive branch agency at the local, state, or federal level.
   e.  Introducing into discussion or coursework any controversial subject matter that is not germane to the topic of the course being taught.
   f.  Endorsing, supporting, or engaging in any activities that hamper or impede the lawful access of military recruiters to school grounds.
   g.  Endorsing, supporting, or engaging in any activities that hamper or impede the actions of local, state, or federal law enforcement.
   h.  (1)  Advocating in a partisan manner for any side of a controversial issue. A teacher may express the teacher’s opinion on a controversial issue but only in such a manner that students understand themselves to be free to make up their own minds and to disagree with the teacher without incurring any penalty for doing so.
   (2)  To ensure that students have the resources to make up their own minds regarding a controversial issue discussed by a teacher, the teacher shall provide students with materials supporting all sides of the controversial issue and present those views in a fair-minded, nonpartisan manner. 
   (3)  For purposes of this paragraph, “controversial issue” means an issue that is addressed in an electoral party platform at the local, state, or federal level.
   i.  Segregating students according to race or singling out one racial group of students as responsible for the suffering or inequities experienced by another racial group of students.
   2.  Each school district shall post the policy adopted pursuant to subsection 1 on the district’s internet site.
   3.  The state board shall establish a process for annual, written notification of all teachers, students, and parents and guardians of students of the rights, responsibilities, and restrictions provided in the policy adopted pursuant to subsection 1. Such notification may be implemented by electronic means.
   4.  Employee organizations representing teachers in this state are encouraged to voluntarily adopt a teachers’ code of ethics and professional responsibility that incorporates the principles of the policy adopted pursuant to subsection 1 and that specifically prohibits a public school teacher from engaging in political or ideological advocacy while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district.
    Sec. 2.  Section 272.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  Adopt rules to provide in the board’s code of professional conduct and ethics that any public school teacher who violates the policy adopted pursuant to section 256.25, subsection 1, engages in unprofessional and unethical conduct that may result in disciplinary action by the board.
    Sec. 3.  Section 272.15, subsection 1, paragraph a, subparagraph (1), Code 2020, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (e)  Violating the policy adopted pursuant to section 256.25, subsection 1, if the violator is a public school teacher.
    Sec. 4.  Section 272.15, subsection 1, paragraph a, subparagraph (2), Code 2020, is amended to read as follows:
   (2)  The board of directors of a school district or area education agency, the superintendent of a school district, the chief administrator of an area education agency, and the authorities in charge of an accredited nonpublic school shall report to the board the nonrenewal or termination, for reasons of alleged or actual misconduct, of a person’s contract executed under sections 279.12, 279.13, 279.15 through 279.21, 279.23, and 279.24, and the resignation of a person who holds a license, certificate, or authorization issued by the board as a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the rules adopted by the board to implement section 272.2, subsection 14, paragraph “b”, subparagraph (1); soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student; falsifying student grades, test scores, or other official information or material; or converting public property or funds to the personal use of the school employee,; or, if the person is a public school teacher, violating the policy adopted pursuant to section 256.25, subsection 1, when the board or reporting official has a good faith belief that the incident occurred or the allegation is true. The board may deny a license or revoke the license of an administrator if the board finds by a preponderance of the evidence that the administrator failed to report the termination or resignation of a school employee holding a license, certificate, statement of professional recognition, or coaching authorization, for reasons of alleged or actual misconduct, as defined by this section.
    Sec. 5.  NEW SECTION.  279.72  Training on policy prohibiting political or ideological advocacy in instruction by teachers.
   By July 1, 2021, the board of directors of a school district shall require annual training at least three hours in length on the policy adopted pursuant to section 256.25, subsection 1, for all teachers employed by the district.
    Sec. 6.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by, and enforcement of this Act against, all affected school districts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the state board of education to adopt by rule a policy prohibiting a public school teacher, regardless of tenure status, from engaging in political or ideological advocacy while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district. The policy shall prohibit a teacher from doing certain activities provided in the bill while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district. Such activities include but are not limited to endorsing, supporting, or opposing any candidate or nominee for public office or any elected or appointed official, whether such official is a member of the local, state, or federal government; endorsing, supporting, or opposing any pending, proposed, or enacted legislation or regulation, whether such legislation or regulation is pending, proposed, or has been enacted at the local, state, or federal level; introducing into discussion or coursework any controversial subject matter that is not germane to the topic of the course being taught; and advocating in a partisan manner for any side of a controversial issue as defined in the bill. 
   Each school district is required to post the policy on the district’s internet site. The board is required to establish a process for annual, written notification of all teachers, students, and parents and guardians of students of the rights, responsibilities, and restrictions provided in the policy. 
   The bill encourages employee organizations representing teachers in Iowa to voluntarily adopt a teachers’ code of ethics and professional responsibility that incorporates the principles of the policy and that specifically prohibits a public school teacher from engaging in political or ideological advocacy while carrying out student instruction or otherwise acting within the scope of the teacher’s employment by a school district.
   The bill requires the board of educational examiners to adopt rules to provide in the board’s code of professional conduct and ethics that any public school teacher who violates the policy engages in unprofessional and unethical conduct that may result in disciplinary action by the board. Under current law, rules adopted by the board may be enforced by the board through revocation or suspension of a practitioner’s license or by other disciplinary action. 
   The bill requires that instances of disciplinary action taken against a public school teacher for violation of the policy be reported to the board of educational examiners. The bill requires the nonrenewal or termination of a public school teacher’s teaching contract for reasons of alleged or actual misconduct, and the resignation of a public school teacher, be reported to the board of educational examiners if the nonrenewal, termination, or resignation is a result of or following an incident or allegation of misconduct that, if proven, would constitute a violation of the policy, when the school board or reporting official has a good-faith belief that the incident occurred or the allegation is true.
   The bill requires a school board to require annual training at least three hours in length on the policy for all teachers employed by the district.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the school district under Code section 257.16. The specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.