SF 438 (LSB 1662SV (3) 88)

SENATE FILE 438

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO SSB 1190)

(As Amended and Passed by the Senate 2019-03-20)

A BILL FOR

An Act relating to the responsibilities and authority of school districts or school corporations, accredited nonpublic schools, area education agencies, community colleges, and board of regents institutions, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH

    Section 1.  Section 8A.318, subsections 1 and 3, Code 2019, are amended to read as follows:
   1.  Findings and intent.  The general assembly finds that human beings are vulnerable to and may be severely affected by exposure to chemicals, hazardous waste, and other environmental hazards. The federal environmental protection agency estimates that human exposure to indoor air pollutants can be two to five times, and up to one hundred times, higher than outdoor levels. Children, teachers, janitors, and other staff members spend a significant amount of time inside school buildings. Likewise, state State employees and citizens of this state spend a significant amount of time inside state buildings. These individuals are continuously exposed to chemicals from cleaners, waxes, deodorizers, and other maintenance products.
   3.  Use of environmentally preferable cleaning and maintenance products.
   a.  All school districts in this state, community colleges, institutions under the control of the state board of regents, and state agencies utilizing state buildings, are encouraged to conform to an environmentally preferable cleaning policy designed to facilitate the purchase and use of environmentally preferable cleaning and maintenance products for purposes of public school, community college, regents institution, and state building cleaning and maintenance.
   b.  Each school district, community college, institution under the control of the state board of regents, or state agency utilizing public buildings shall conduct an evaluation and assessment regarding implementation of an environmentally preferable cleaning policy pursuant to this section. On or after July 1, 2012, all All state agencies, and all school districts, community colleges, and institutions under the control of the state board of regents which have not opted out of compliance pursuant to paragraph “c”, shall purchase only cleaning and maintenance products identified by the department or that meet nationally recognized standards. School districts, community colleges, institutions under the control of the state board of regents, and state State agencies procuring supplies for schools and state buildings may deplete their existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following year. This section shall not be interpreted in a manner that prohibits the use of disinfectants, disinfecting cleaners, sanitizers, or any other antimicrobial product regulated by the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary to protect public health and provided that the use of these products is in accordance with responsible cleaning procedure requirements.
   c.  A school district, community college, or institution under the control of the state board of regents may, based upon the evaluation and assessment conducted pursuant to paragraph “b”, opt out of compliance with the requirements of this section upon the affirmative vote of a majority of the members of the board of directors of the school district or a determination by the president of the community college or by the president or administrative officer of the regents institution. A school district, community college, or regents institution opting out of compliance pursuant to this paragraph shall notify the department of education, the state board of education, or the state board of regents, as appropriate, of this decision.
    Sec. 2.  Section 135.11, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  30.  Collect and maintain information submitted relating to dental screenings in accordance with section 135.17, subsection 1, paragraph “b”, vision screenings in accordance with section 135.39D, subsection 1, and blood lead testing in accordance with section 135.105D, subsection 2, paragraph “a”. Upon request of a school district or accredited nonpublic school, and if the parent or guardian of a student provides written consent authorizing the department to send such information collected on the student pursuant to this subsection, the department shall provide to the school district or accredited nonpublic school a list of children enrolled in the school district or accredited nonpublic school, as appropriate, who have had dental and vision screenings and blood lead testing.
    Sec. 3.  Section 135.17, subsection 1, paragraphs a and b, Code 2019, are amended to read as follows:
   a.  Except as provided in paragraphs “c” and “d”, the parent or guardian of a child enrolled in a public or accredited nonpublic elementary school shall provide evidence to the school district or accredited nonpublic elementary school in which the child is enrolled of ensure that the child having has, no earlier than three years of age but no later than four months after enrollment, at a minimum, a dental screening performed by a licensed physician, a licensed nurse, a licensed physician assistant, or a licensed dental hygienist or dentist. Except as provided in paragraphs “c” and “d”, the parent or guardian of a child enrolled in a public or accredited nonpublic high school shall provide evidence to the school district or accredited nonpublic high school in which the child is enrolled of ensure that the child having has, at a minimum, a dental screening performed no earlier than one year prior to enrollment and not later than four months after enrollment by a licensed dental hygienist or dentist. A school district or accredited nonpublic school shall may provide access to a process to complete the screenings described in this paragraph as appropriate.
   b.  A person authorized to perform a dental screening required by this section shall record that the screening was completed, and such additional information required by the department, on uniform forms developed by the department in cooperation with the department of education, and shall submit the completed form to the department of public health in written or electronic form. The form shall include a space for the person to summarize any condition that may indicate a need for special services.
    Sec. 4.  Section 135.17, subsection 2, Code 2019, is amended to read as follows:
   2.  Each public and nonpublic school shall, in collaboration with the department, do the following:
   a.  Ensure ensure that the parent or guardian of a student enrolled in kindergarten or grade nine in the school has complied with received information about the dental screening requirements of subsection 1 and about any resources available to satisfy the requirements.
   b.  Provide, if a student has not had a dental screening performed in accordance with subsection 1, the parent or guardian of the student with community dental screening referral resources, including contact information for the i-smile coordinator, department, or dental society.
    Sec. 5.  Section 135.17, subsection 3, Code 2019, is amended by striking the subsection.
    Sec. 6.  Section 135.39D, subsections 1 and 5, Code 2019, are amended to read as follows:
   1.  The parent or guardian of a child to be enrolled in a public or accredited nonpublic elementary school shall ensure that the child is screened for vision impairment at least once before enrollment in kindergarten and again before enrollment in grade three. The parent or guardian of the child shall ensure that evidence of the vision screening is provided to the school district or accredited nonpublic school in which the child is enrolled. Evidence of the vision screening may shall be provided either directly from the parent or guardian or from to the department in either written or electronic form by a vision screening provider referred to in subsection 2, and may be provided in either written or electronic form.
   5.  Each public and accredited nonpublic elementary school shall, in collaboration with the department, do the following:
   a.  Provide provide the parents or guardians of students with vision screening referral resources.
   b.  Arrange for evidence of vision screenings provided pursuant to subsection 1 to be forwarded to the department.
    Sec. 7.  Section 135.102, subsection 7, Code 2019, is amended to read as follows:
   7.  Implementation of a requirement that requirements established under section 135.105D relating to blood lead testing of children receive a blood lead test prior to the age of six and before enrolling in any elementary school in Iowa in accordance with section 135.105D.
    Sec. 8.  Section 135.105D, subsection 2, paragraphs a and b, Code 2019, are amended to read as follows:
   a.  A parent or guardian of a child under the age of two is strongly encouraged to have the child tested for elevated blood lead levels by the age of two. Except as provided in paragraph “b” and subsection 4, a parent or guardian shall provide evidence to the school district elementary attendance center or the accredited nonpublic elementary school in which the parent’s or guardian’s child is enrolled ensure that the child was tested for elevated blood lead levels by the age of six according to recommendations provided by the department. The provider authorized by the parent or guardian to test the child for elevated blood lead levels shall record that the testing was completed, and such additional information required by the department on uniform forms developed by the department in cooperation with the department of education, and shall submit the completed form to the department of public health in written or electronic form. The form shall include a space for the person to summarize any condition that may indicate a need for special services.
   b.  The board of directors of each school district and the authorities in charge of each nonpublic school shall, in collaboration with the department, do the following:
   (1)  Ensure ensure that the parent or guardian of a student enrolled in the school has complied with the requirements of paragraph “a”.
   (2)  Provide, if the parent or guardian cannot provide evidence that the child received a blood lead test in accordance with paragraph “a”, the parent or guardian with received community blood lead testing program information, including contact information for the department.
    Sec. 9.  Section 135.105D, subsection 3, Code 2019, is amended to read as follows:
   3.  The board of directors of each school district and the authorities in charge of each nonpublic school shall furnish the department, in the format specified by the department, within sixty days after the start of the school calendar, a list of the children enrolled in kindergarten. The department shall notify the school districts and nonpublic schools of the children who have not met the blood lead testing requirements set forth in this section and shall work with the school districts, nonpublic schools, and the local childhood lead poisoning prevention programs to assure that these children are tested as required by in accordance with this section.
    Sec. 10.  Section 256.11, subsection 9B, Code 2019, is amended to read as follows:
   9B.  Beginning July 1, 2007, each A school district shall have a school nurse to provide health services to its students. Each school district shall work toward the goal of having one school nurse for every seven hundred fifty students enrolled in the school district. For purposes of this subsection, “school nurse” means a person who holds an endorsement or a statement of professional recognition for school nurses issued by the board of educational examiners under chapter 272.
    Sec. 11.  Section 280.7A, subsection 1, Code 2019, is amended by striking the subsection.
    Sec. 12.  Section 299.4, subsection 1, Code 2019, is amended to read as follows:
   1.  The parent, guardian, or legal custodian of a child who is of compulsory attendance age, who places the child under competent private instruction under section 299A.2, not in an accredited school or a home school assistance program operated by a school district or accredited nonpublic school, shall furnish a report in duplicate on forms provided by the public school district, to the district by September 1 of the school year in which the child will be under competent private instruction. The secretary shall retain and file one copy and forward the other copy to the district’s area education agency. The report shall state the name and age of the child, the period of time during which the child has been or will be under competent private instruction for the year, an outline of the course of study, texts used, and the name and address of the instructor. The parent, guardian, or legal custodian of a child, who is placing the child under competent private instruction for the first time, shall also provide the district with evidence that the child has had the immunizations required under section 139A.8, and, if the child is elementary school age, a shall ensure that the child was tested for elevated blood lead test levels in accordance with section 135.105D.  The term “outline of course of study” shall include subjects covered, lesson plans, and time spent on the areas of study.
    Sec. 13.  EFFECTIVE DATE.  The following take effect July 1, 2020:
   1.  The section of this division of this Act striking section 135.17, subsection 3.
   2.  The section of this division of this Act amending section 135.39D, subsections 1 and 5.
   3.  The section of this division of this Act amending section 135.105D, subsection 2, paragraphs “a” and “b”.
   4.  The section of this division of this Act amending section 135.105D, subsection 3.
DIVISION II
AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED BUDGET

    Sec. 14.  Section 273.3, subsection 12, Code 2019, is amended to read as follows:
   12.  Prepare an annual budget estimating income and expenditures for programs and services as provided in sections 273.1, 273.2, this section, sections 273.4 to 273.9, and chapter 256B within the limits of funds provided under section 256B.9 and chapter 257. The board shall give post notice of a public hearing on the proposed budget by publication in an official county newspaper in each county in the territory of the area education agency in which the principal place of business of a school district that is a part of the area education agency is located on the area education agency’s internet site. The notice shall specify the date, which shall be not later than March 1 of each year, the time, and the location of the public hearing. The proposed budget as approved by the board shall then be submitted to the state board of education, on forms provided by the department, no later than March 15 preceding the next fiscal year for approval. The state board shall review the proposed budget of each area education agency and shall before May 1, either grant approval or return the budget without approval with comments of the state board included. An unapproved budget shall be resubmitted to the state board for final approval not later than May 15. The state board shall give final approval only to budgets submitted by area education agencies accredited by the state board or that have been given conditional accreditation by the state board.
DIVISION III
SCHOOL DISTRICTS —— MISCELLANEOUS PROVISIONS

    Sec. 15.  Section 256.11, subsection 9, Code 2019, is amended to read as follows:
   9.  Beginning July 1, 2006, each A school district shall have a qualified teacher librarian who shall be licensed by the board of educational examiners under chapter 272. The state board shall establish in rule a definition of and standards for an articulated sequential kindergarten through grade twelve media program. A school district that entered into a contract with an individual for employment as a media specialist or librarian prior to June 1, 2006, shall be considered to be in compliance with this subsection until June 30, 2011, if the individual is making annual progress toward meeting the requirements for a teacher librarian endorsement issued by the board of educational examiners under chapter 272. A school district that entered into a contract with an individual for employment as a media specialist or librarian who holds at least a master’s degree in library and information studies shall be considered to be in compliance with this subsection until the individual leaves the employ of the school district.
    Sec. 16.  Section 279.8, subsection 1, Code 2019, is amended to read as follows:
   1.  The board shall make rules for its own government and that of the directors, officers, employees, teachers and pupils, and for the care of the schoolhouse, grounds, and property of the school corporation, and shall aid in the enforcement of the rules, and require the performance of duties imposed by law and the rules. The board shall include in its rules provisions regulating the loading and unloading of pupils from a school bus stopped on the highway during a period of reduced highway visibility caused by fog, snow or other weather conditions. The board shall have the authority to include in its rules provisions allowing school corporation employees to use school credit cards to pay for the actual and necessary expenses incurred in the performance of work-related duties.
    Sec. 17.  Section 279.41, Code 2019, is amended to read as follows:
   279.41  Schoolhouses and sites sold —— funds.
   1.  Moneys received from the condemnation, sale, or other disposition for public purposes of schoolhouses, school sites, or both schoolhouses and school sites, shall be deposited in the physical plant and equipment levy fund and may without a vote of the electorate be used for purposes authorized under section 298.3, as ordered by the board of directors of the school district corporation.
   2.  Notwithstanding subsection 1, the board of directors of a school corporation organized under chapter 274 may take action to deposit moneys received pursuant to subsection 1 in any proposed account of the school corporation. However, the board shall hold a public hearing on the proposal prior to taking action to deposit the funds in accordance with this subsection. The board shall publish notice of the time and the place of the public hearing in the same manner as required in section 24.9.
    Sec. 18.  Section 279.48, subsection 3, Code 2019, is amended by striking the subsection.
    Sec. 19.  Section 279.60, subsection 2, Code 2019, is amended to read as follows:
   2.   The school district shall also collect information from each parent, guardian, or legal custodian of a kindergarten student enrolled in the district, including but not limited to about whether the student attended preschool, factors identified by the early childhood Iowa office pursuant to section 256I.5, and other demographic factors. Each school district shall report the results of the community strategies employed during the prior school year pursuant to section 279.68, subsection 3, paragraph “a”, the assessment administered pursuant to subsection 1, and the preschool information collected to the department of education in the manner prescribed by the department not later than January 1 of that school year. The early childhood Iowa office in the department of management shall have access to the raw data. The department shall review the information submitted pursuant to this section and shall submit its findings and recommendations annually in a report to the governor, the general assembly, the early childhood Iowa state board, and the early childhood Iowa area boards.
    Sec. 20.  Section 279.69, subsection 1, Code 2019, is amended to read as follows:
   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 may charge an employee for the cost of the registry checks conducted pursuant to this subsection, not to exceed the actual cost of the registry checks. A school district shall maintain documentation demonstrating compliance with this subsection.
    Sec. 21.  REPEAL.  Section 279.44, Code 2019, is repealed.