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House File 370 - ReprintedA Bill ForAn Act 1relating to entities supported in whole or in part by
2public moneys, including the sale of public bonds, the
3duties and responsibilities of the directors and officers
4of school boards, school districts, the department of
5education, the department of health and human services,
6accredited nonpublic schools, charter schools, community
7colleges, institutions under the control of the state
8board of regents, area education agencies, and election
9commissioners, and the membership and voting units of county
10and city conference boards.
11BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BOND SALES
3 Section 1. Section 75.2, Code 2023, is amended to read as
4follows:
575.2 Notice of sale.
6When public bonds are offered for sale, the official in
7charge of the bond issue shall, by advertisement published
8at least once, the last one of which shall be not less than
9four nor more than twenty days before the sale in a newspaper
10located in the county or a county contiguous to the place of
11sale, give notice of the time and place of sale of the bonds,
12the amount to be offered for sale, and any further information
13which the official deems pertinent by publishing the time and
14place of sale of the bonds, the amount to be offered for sale,
15and any additional information the official deems pertinent
16to the bond issue not less than four nor more than twenty
17days before the sale in at least one electronic or written
18publication with nationwide circulation that is recognized for
19providing information regarding the sale of public bonds or in
20a newspaper located in the county or a county contiguous to the
21place of sale.
22 Sec. 2. Section 75.14, Code 2023, is amended to read as
23follows:
2475.14 Electronic bidding.
25Notwithstanding contrary provisions of this chapter,
26including section 75.3, a public body authorized to issue
27bonds, notes, or other obligations may elect to receive bids to
28purchase such bonds, notes, or other obligations by means of
29electronic, internet, or wireless communication; a proprietary
30bidding procedure or system; or by facsimile transmission
31to a location deemed appropriate by the governing body, in
32each instance as may be approved by the governing body and
33provided for in the notice of sale. An electronic bid shall
34be submitted in substantial conformity with the requirements
35of chapter 554D and any rules adopted pursuant to that chapter
-1-1with respect to the acceptance of electronic records by a
2governmental agency. Additionally, before approving the use
3of an electronic bidding procedure, the public body shall find
4and determine that the specific procedure to be used will
5provide reasonable security and maintain the integrity of
6the competitive bidding process, and facilitate the delivery
7of bids by interested parties under the circumstances of the
8particular sale.
9DIVISION II
10SCHOOL BOARD AND OFFICERS — DUTIES AND RESPONSIBILITIES
11 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended
12to read as follows:
139. Beginning July 1, 2006, each A school district shall
14have a qualified teacher librarian who shall be licensed by the
15board of educational examiners under chapter 272. The state
16board shall establish in rule a definition of and standards for
17an articulated sequential kindergarten through grade twelve
18media program. A school district that entered into a contract
19with an individual for employment as a media specialist or
20librarian prior to June 1, 2006, shall be considered to be
21in compliance with this subsection until June 30, 2011, if
22the individual is making annual progress toward meeting the
23requirements for a teacher librarian endorsement issued by the
24board of educational examiners under chapter 272. A school
25district that entered into a contract with an individual for
26employment as a media specialist or librarian who holds at
27least a master’s degree in library and information studies
28shall be considered to be in compliance with this subsection
29 until the individual leaves the employ of the school district.
30 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023,
31is amended to read as follows:
32a. Except as provided in paragraph “b” and subsection
332, vacancies occurring among the officers or members of a
34school board shall be filled by the board by appointment. A
35person so appointed to fill a vacancy in an elective office
-2-1shall hold office until a successor is elected and qualified
2at the next regular school election, unless there is an
3intervening special election for the school district, in which
4event a successor shall be elected at the intervening special
5election, in accordance with section 69.12. To fill a vacancy
6occurring among the members of a school board, the board shall
7publish notice on the board’s internet site and in the manner
8prescribed by section 279.36, stating that the board intends to
9fill the vacancy by appointment but that the electors of the
10school district have the right to file a petition requiring
11that the vacancy be filled by a special election conducted
12pursuant to section 279.7. The board may publish notice in
13advance if a member of the board submits a resignation to take
14effect at a future date. The board may make an appointment to
15fill the vacancy after the notice is published or after the
16vacancy occurs, whichever is later.
17 Sec. 5. Section 279.8, subsection 1, Code 2023, is amended
18to read as follows:
191. The board shall make rules for its own government and
20that of the directors, officers, employees, teachers and
21pupils, and for the care of the schoolhouse, grounds, and
22property of the school corporation, and shall aid in the
23enforcement of the rules, and require the performance of duties
24imposed by law and the rules. The board shall include in its
25rules provisions regulating the loading and unloading of pupils
26from a school bus stopped on the highway during a period of
27reduced highway visibility caused by fog, snow or other weather
28conditions. The board shall have the authority to include in
29its rules provisions allowing school corporation employees to
30use school credit cards to pay for the actual and necessary
31expenses incurred in the performance of work-related duties.
32 Sec. 6. NEW SECTION. 279.8C Board of directors — access
33to information.
341. The board of directors of a school district shall have
35access to and may review any of the following:
-3- 1a. The curriculum associated with any instruction provided
2to students enrolled in the school district.
3b. Materials located in a library operated by the school
4district, including a library located in a classroom.
52. A school district shall not prohibit a member of the
6board of directors of the school district from attending
7classes taught by teachers employed by the school district
8to observe classroom instruction, not for the purpose of
9evaluation, if the member has provided reasonable prior notice
10to the superintendent and principal of the attendance center
11in which the classes are taught and to the teacher providing
12the instruction.
133. a. A school district shall not prohibit a member of
14the board of directors of the school district from accessing
15materials used in a professional development program that
16the school district, or an administrator employed by the
17school district, requires employees of the school district to
18attend. This paragraph shall not be construed to authorize
19a member of the board of directors of the school district to
20access an individual teacher professional development plan
21developed pursuant to section 284.6 or any materials related
22to an intensive assistance program a teacher is required to
23participate in pursuant to section 284.8.
24b. A school district, or an administrator employed by the
25school district, shall provide copies of materials used in a
26professional development program that the school district, or
27an administrator employed by the school district, requires
28employees of the school district to attend to a member of the
29board of directors of the school district upon request. This
30paragraph shall not be construed to require a school district,
31or an administrator employed by the school district, to provide
32copies of an individual teacher professional development plan
33developed pursuant to section 284.6, or any materials related
34to an intensive assistance program a teacher is required to
35participate in pursuant to section 284.8, to a member of the
-4-1board of directors of the school district.
24. For purposes of this section, “professional development
3program” means the same as defined in section 272.1.
4 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended
5to read as follows:
62. The board of directors of a school district may delegate
7the authority to hire support personnel and sign the support
8personnel employment contracts, if applicable, if the board
9adopts a policy authorizing the superintendent to perform
10such duties and specifying the positions the superintendent
11is authorized to fill. The board of directors of a school
12district and the superintendent, if authorized pursuant to
13this subsection, may use electronic signatures and electronic
14contracts pursuant to chapter 554D and facsimile signatures
15when entering into the contracts described in this subsection.
16 For purposes of this subsection, the term “support personnel”
17includes, but is not limited to, bus drivers, custodians,
18educational associates, and clerical and food service
19employees.
20 Sec. 8. Section 279.69, subsection 1, Code 2023, is amended
21to read as follows:
221. Prior to hiring an applicant for a school employee
23position, a school district shall have access to and shall
24review the information in the Iowa court information system
25available to the general public, the sex offender registry
26information under section 692A.121 available to the general
27public, the central registry for child abuse information
28established under section 235A.14, and the central registry for
29dependent adult abuse information established under section
30235B.5 for information regarding the applicant. A school
31district shall follow the same procedure by June 30, 2014, for
32each school employee employed by the school district as of July
331, 2013. A school district shall implement a consistent policy
34to follow the same procedure for each school employee employed
35by the school district on or after July 1, 2013, at least every
-5-1five years after the school employee’s initial date of hire.
2A school district shall not charge an employee for the cost
3of the registry checks conducted pursuant to this subsection.
4A school district shall maintain documentation demonstrating
5compliance with this subsection.
6 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended
7to read as follows:
82. The board of directors of each Each public school
9district shall administer the pledge of allegiance in grades
10one through twelve each school day. Each classroom in which
11the pledge of allegiance is recited pursuant to this subsection
12shall display the United States flag during the recitation. A
13student shall not be compelled against the student’s objections
14or those of the student’s parent or guardian to recite the
15pledge.
16 Sec. 10. Section 291.1, Code 2023, is amended to read as
17follows:
18291.1 President — duties.
19The president of the board of directors shall preside at
20all of its meetings, sign all contracts made by the board, and
21appear on behalf of the corporation in all actions brought by
22or against it, unless individually a party, in which case this
23duty shall be performed by the secretary. The president or the
24president’s designee shall have the authority to enter into
25original contracts or electronic contracts pursuant to chapter
26554D and sign, using an original, or facsimile, or electronic
27 signature, as defined in section 554D.103, all school district
28payments drawn and authorize electronic funds transfers as
29provided by law. The board of directors, by resolution, may
30designate an individual, who shall not be the secretary, to
31sign payments or authorize electronic funds transfers on behalf
32of the president pursuant to this section.
33 Sec. 11. Section 291.4, Code 2023, is amended to read as
34follows:
35291.4 Oath.
-6- 1Each shall take the oath required of civil officers, which
2shall be endorsed upon the bond, and shall complete the
3qualification within ten days.
4DIVISION III
5RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH
6 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are
7amended to read as follows:
81. Findings and intent. The general assembly finds that
9human beings are vulnerable to and may be severely affected by
10exposure to chemicals, hazardous waste, and other environmental
11hazards. The federal environmental protection agency estimates
12that human exposure to indoor air pollutants can be two to
13five times, and up to one hundred times, higher than outdoor
14levels. Children, teachers, janitors, and other staff members
15spend a significant amount of time inside school buildings.
16Likewise, state State employees and citizens of this state
17spend a significant amount of time inside state buildings.
18These individuals are continuously exposed to chemicals from
19cleaners, waxes, deodorizers, and other maintenance products.
203. Use of environmentally preferable cleaning and maintenance
21products.
22a. All school districts in this state, community colleges,
23institutions under the control of the state board of regents,
24and state agencies utilizing state buildings, are encouraged
25to conform to an environmentally preferable cleaning policy
26designed to facilitate the purchase and use of environmentally
27preferable cleaning and maintenance products for purposes of
28public school, community college, regents institution, and
29 state building cleaning and maintenance.
30b. Each school district, community college, institution
31under the control of the state board of regents, or state
32agency utilizing public buildings shall conduct an evaluation
33and assessment regarding implementation of an environmentally
34preferable cleaning policy pursuant to this section. On or
35after July 1, 2012, all All state agencies, and all school
-7-1districts, community colleges, and institutions under the
2control of the state board of regents which have not opted
3out of compliance pursuant to paragraph “c”, shall purchase
4only cleaning and maintenance products identified by the
5department or that meet nationally recognized standards.
6School districts, community colleges, institutions under the
7control of the state board of regents, and state State agencies
8procuring supplies for schools and state buildings may deplete
9their existing cleaning and maintenance supply stocks and
10implement the new requirements in the procurement cycle for
11the following year. This section shall not be interpreted
12in a manner that prohibits the use of disinfectants,
13disinfecting cleaners, sanitizers, or any other antimicrobial
14product regulated by the federal Insecticide, Fungicide,
15and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
16to protect public health and provided that the use of these
17products is in accordance with responsible cleaning procedure
18requirements.
19c. A school district, community college, or institution
20under the control of the state board of regents may, based upon
21the evaluation and assessment conducted pursuant to paragraph
22“b”, opt out of compliance with the requirements of this section
23 upon the affirmative vote of a majority of the members of the
24board of directors of the school district or a determination by
25the president of the community college or by the president or
26administrative officer of the regents institution. A school
27district, community college, or regents institution opting
28out of compliance pursuant to this paragraph shall notify the
29department of education, the state board of education, or the
30state board of regents, as appropriate, of this decision.
31 Sec. 13. Section 256.11, subsection 9B, Code 2023, is
32amended to read as follows:
339B. Beginning July 1, 2007, each A school district shall
34have a employ at least one school nurse to provide health
35services to its students. Each school district shall work
-8-1toward the goal of having one school nurse for every seven
2hundred fifty students enrolled in the school district. For
3purposes of this subsection, “school nurse” means a person who
4holds an endorsement or a statement of professional recognition
5for school nurses issued by the board of educational examiners
6under chapter 272.
7 Sec. 14. DEPARTMENT OF EDUCATION — HEALTH CARE-RELATED
8TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
91. The department of education shall convene and provide
10administrative support to a health care-related training
11for school personnel work group. The work group shall
12review and develop a plan to ensure Iowa educators have the
13health care training necessary to perform their duties and
14responsibilities, and shall consider and submit recommendations
15for delivery and implementation of training required under
16state law or rule.
172. The work group shall include all of the following:
18a. (1) Two members who are staff members from the
19department of education, one of whom shall be an administrative
20consultant in the bureau of nutrition and health services.
21A member appointed under this subparagraph shall coordinate
22the work group and act as chairperson for the organizational
23meeting.
24(2) One member who is a staff member from the Iowa
25department of health and human services.
26b. Members who shall represent each of the following:
27(1) One member from a statewide organization representing
28teachers.
29(2) One member from a statewide organization representing
30school board members.
31(3) One member from a statewide organization representing
32school administrators.
33(4) One member from a statewide organization representing
34authorities in charge of accredited nonpublic schools.
35(5) One member representing the area education agencies.
-9- 1(6) One member from a statewide organization representing
2physicians.
3(7) One member from a statewide organization representing
4athletic trainers.
5(8) One member from a statewide organization representing
6emergency management services.
7(9) One member from a statewide organization representing
8health care organizations.
9(10) One member from a statewide organization representing
10school nurses.
113. Any expenses incurred by a member of the work group
12shall be the responsibility of the individual member or the
13respective entity represented by the member.
144. The director of the department of education or the
15director’s designee shall compile and provide to the work group
16a list of, and the purposes for, the health care training
17programs that school personnel are required to complete, as
18well as any requirements school personnel must meet following
19such training, in order be in compliance with state law or
20administrative rule.
215. The work group shall do all of the following:
22a. Identify which trainings can be best provided over the
23internet, and how such training can be rotated on a five-year
24basis for school personnel.
25b. Develop a plan for a regular cycle of health care-related
26training for school personnel review, with the goal of removing
27or modifying training or training programs that are no longer
28relevant, and identifying less costly and more efficient
29options that still provide the appropriate level of training to
30school personnel.
31c. Standardize the process of establishing new training
32requirements in state law or rule to manage stakeholder
33expectations relating to the timeline for establishing the
34requirements.
35d. Create an ongoing review process to find efficiencies,
-10-1identify training options that better utilize time and
2financial resources, and offer a continuous improvement model
3for the system moving forward.
4e. Study and make any recommended changes on rules adopted
5by the state board of education under 281 IAC ch.14, relating
6to individual health plans prepared for students with various
7health conditions.
8f. Ensure a public comment process for patient advocacy
9groups and parents to provide input on the recommendations of
10the work group.
116. If the work group recommends elimination or significant
12modification of certain health care-related training for
13school personnel, the department of education shall identify
14stakeholders who would potentially be affected by such
15change, and shall invite representatives from organizations
16representing such stakeholders to submit comments before or
17at an upcoming work group meeting before the work group makes
18final recommendations.
197. The department of education shall compile the work
20group’s findings and recommendations and shall submit the
21compilation, including any proposal for legislation, in a
22report to the general assembly, the governor, and the state
23board of education by December 1, 2023.
24DIVISION IV
25STATEWIDE SCHOOL INFRASTRUCTURE FUNDING
26 Sec. 15. Section 423F.3, subsections 2 and 4, Code 2023, are
27amended to read as follows:
282. A revenue purpose statement in existence for the
29expenditure of local sales and services tax for school
30infrastructure purposes imposed by a county pursuant to
31section 423E.2, Code Supplement 2007, prior to July 1, 2008,
32shall remain in effect until amended or extended. The board
33of directors of a school district may take action to adopt
34or amend a revenue purpose statement specifying the specific
35purposes for which the revenues received from the secure an
-11-1advanced vision for education fund will be expended. If a
2school district is located in a county which has imposed a
3local sales and services tax for school infrastructure purposes
4prior to July 1, 2008, this action shall be taken before
5expending or anticipating revenues to be received after the
6unextended term of the tax unless the school district elects to
7adopt a revenue purpose statement as provided in subsection 3.
84. The revenues received pursuant to this chapter shall
9be expended for the purposes specified in the revenue purpose
10statement. If a board of directors has not approved a revenue
11purpose statement, the revenues shall be expended in the order
12listed in subsection 1 except that the payment of bonds for
13which the revenues have been pledged shall be paid first.
14Once approved, a revenue purpose statement is effective until
15amended or repealed by the foregoing procedures. A revenue
16purpose statement shall not be amended or repealed to reduce
17the amount of revenue pledged to the payment of principal and
18interest on bonds as long as any bonds authorized by sections
19423E.5 and 423F.4 are outstanding unless funds sufficient
20to pay principal, interest, and premium, if any, on the
21outstanding obligations at or prior to maturity have been
22properly set aside and pledged for that purpose. A school
23district affected by a reorganization under chapter 275 that
24has issued bonds under section 423E.5 or 423F.4 and that has
25not approved a revenue purpose statement shall first use
26revenues to make timely and sufficient payment of principal and
27interest, and premium if applicable, on the outstanding bonds.
28 Sec. 16. Section 423F.3, subsection 3, paragraph c, Code
292023, is amended by striking the paragraph.
30 Sec. 17. Section 423F.3, subsection 3, paragraph d, Code
312023, is amended to read as follows:
32d. The board secretary shall notify the county commissioner
33of elections of the intent to take an issue to the voters
34pursuant to paragraph “b” or “c”. The county commissioner of
35elections shall publish the notices required by law for special
-12-1or general elections, and the election shall be held on a date
2specified in section 39.2, subsection 4, paragraph “c”. A
3majority of those voting on the question must favor approval
4of the revenue purpose statement. If the proposal is not
5approved, the school district shall not submit the same or new
6revenue purpose statement to the electors for a period of six
7months from the date of the previous election.
8 Sec. 18. Section 423F.3, subsection 6, paragraph a,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) For purposes of this chapter, “school infrastructure”
11means those activities authorized in section 423E.1, subsection
123, Code 2007 for which a school district is authorized to
13contract indebtedness and issue general obligation bonds under
14section 296.1, except those activities related to a teacher’s
15or superintendent’s home or homes. “School infrastructure”
16 includes the construction, reconstruction, repair, demolition
17work, purchasing, or remodeling of schoolhouses, stadiums,
18gymnasiums, fieldhouses, and school bus garages, the
19procurement of schoolhouse construction sites, the making of
20site improvements, and those activities for which revenues
21under section 298.3 or chapter 300 may be spent.
22 Sec. 19. Section 423F.4, Code 2023, is amended to read as
23follows:
24423F.4 Borrowing authority for school districts.
251. Subject to the conditions established under subsection
262, a school district may anticipate its share of the revenues
27under section 423F.2 by issuing bonds in the manner provided
28in section 423E.5, Code 2019 this section. However, to the
29extent any school district has issued bonds anticipating the
30proceeds of an extended local sales and services tax for school
31infrastructure purposes imposed by a county pursuant to former
32chapter 423E, Code and Code Supplement 2007, prior to July 1,
332008, the pledge of such revenues for the payment of principal
34and interest on such bonds shall be replaced by a pledge of its
35share of the revenues under section 423F.2.
-13- 12. a. Bonds issued on or after July 1, 2019, shall not be
2sold at public sale as provided in chapter 75, or at a private
3sale, without notice and hearing. Notice of the time and place
4of the public hearing shall be published not less than ten nor
5more than twenty days before the public hearing in a newspaper
6which is a newspaper of general circulation in the school
7district. This paragraph does not apply to the refinancing of
8bonds.
9b. For bonds subject to the requirements of paragraph
10“a”, if at any time prior to the fifteenth day following the
11hearing, the secretary of the board of directors receives a
12petition containing the required number of signatures and
13asking that the question of the issuance of such bonds be
14submitted to the voters of the school district, the board shall
15either rescind its adoption of the resolution or direct the
16county commissioner of elections to submit the question to the
17registered voters of the school district at an election held
18on a date specified in section 39.2, subsection 4, paragraph
19“c”. The petition must be signed by eligible electors equal
20in number to not less than one hundred or thirty percent of
21the number of voters at the last preceding election of school
22officials under section 277.1, whichever is greater. If the
23board submits the question at an election and a majority of
24those voting on the question favors issuance of the bonds, the
25board shall be authorized to issue the bonds.
26c. After fourteen days from the date of the hearing under
27paragraph “a” or fourteen days after the date of the election
28held under paragraph “b”, if applicable, whichever is later,
29an action shall not be brought questioning the legality of
30any bonds or the power of the authority to issue any bonds
31or to the legality of any proceedings in connection with the
32authorization or issuance of the bonds.
333. The repeal of section 423E.5 shall not affect the
34validity of any previously issued bonds or other evidences of
35indebtedness.
-14- 14. The board of directors of a school district may issue
2negotiable, interest-bearing school bonds, without election,
3and utilize tax receipts derived from the secure an advanced
4vision for education fund for principal and interest repayment.
5Proceeds of the bonds issued pursuant to this subsection shall
6be utilized solely for school infrastructure as defined in
7section 423F.3, subsection 6, paragraph “a”. Bonds issued
8under this subsection may be sold at public sale as provided
9in chapter 75, or at private sale, without notice and hearing.
10Bonds may bear dates, bear interest at rates not exceeding that
11permitted by chapter 74A, mature in one or more installments,
12be in registered form, carry registration and conversion
13privileges, be payable as to principal and interest at times
14and places, be subject to terms of redemption prior to maturity
15with or without premium, and be in one or more denominations,
16all as provided by the resolution of the board of directors
17authorizing the issuance. The resolution may also prescribe
18additional provisions, terms, conditions, and covenants which
19the board of directors deems advisable, including provisions
20for creating and maintaining reserve funds, the issuance of
21additional bonds ranking on a parity with such bonds and
22additional bonds junior and subordinate to such bonds, and
23that such bonds shall rank on a parity with or be junior and
24subordinate to any bonds which may be then outstanding. Bonds
25may be issued to refund outstanding and previously issued
26bonds under this subsection. The bonds are a contractual
27obligation of the school district, and the resolution issuing
28the bonds and its share of the revenues distributed pursuant
29to section 423F.2 to the payment of principal and interest on
30the bonds is a part of the contract. Bonds issued pursuant to
31this subsection shall not constitute indebtedness within the
32meaning of any constitutional or statutory debt limitation or
33restriction, and shall not be subject to any other law relating
34to the authorization, issuance, or sale of bonds.
355. a. (1) A school district may enter into an agreement
-15-1pursuant to chapter 28E with one or more cities or a county
2whose boundaries encompass all or a part of the area of the
3school district. A city or cities entering into an agreement
4with a school district pursuant to chapter 28E may expend the
5city’s designated portion of the revenues for any valid purpose
6permitted in this chapter or authorized by the governing body
7of the city. A county entering into an agreement with a school
8district pursuant to chapter 28E may expend its designated
9portion of the revenues to provide property tax relief within
10the boundaries of the school district located in the county.
11(2) The governing body of a city may authorize the issuance
12of bonds which are payable from its designated portion of
13the revenues to be received under this section, and not
14from property tax, by following the authorization procedures
15described in section 384.83. A city may pledge irrevocably any
16amount derived from its designated portions of the revenues to
17the support or payment of such bonds.
18b. A school district may enter into an agreement pursuant to
19chapter 28E with another school district, a community college,
20or an area education agency which is located partially or
21entirely in or is contiguous to the county where the school
22district is located. The school district or community college
23shall only expend its designated portion of the revenues
24for infrastructure purposes. The area education agency
25shall only expend its designated portion of the revenues for
26infrastructure and maintenance purposes.
27DIVISION V
28COUNTY CONFERENCE BOARD
29 Sec. 20. Section 441.2, Code 2023, is amended to read as
30follows:
31441.2 Conference board.
32In each county and each city having an assessor there
33shall be established a conference board. In counties the
34conference board shall consist of the mayors or a designated
35member of a city council of all incorporated cities in the
-16-1county whose property is assessed by the county assessor; one
2representative from the board of directors of each high school
3district of containing a high school in the county, who is a
4resident of the county, said board of directors appointing said
5representative for a one-year term and notifying the clerk of
6the conference board as to their representative; and members
7of the board of supervisors. In cities having an assessor
8the conference board shall consist of the members of the city
9council, school board the board of directors of each school
10district containing a high school in the city, and county board
11of supervisors. In the counties the chairperson of the board
12of supervisors shall act as chairperson of the conference
13board, in cities having an assessor the mayor of the city
14council shall act as chairperson of the conference board. In
15any action taken by the conference board, the mayors of all
16incorporated cities in the county whose property is assessed
17by the county assessor shall constitute one voting unit, the
18members of the city board of education board of directors of
19each school district containing a high school in the city or
20one representative from the board of directors of each high
21 school district of containing a high school in the county shall
22constitute one voting unit, the members of the city council
23shall constitute one voting unit, and the county board of
24supervisors shall constitute one voting unit, each unit having
25a single vote and no action shall be valid except by the vote of
26not less than two out of the three units. In any action taken
27by the conference board, if a city or a county contains only
28one school district containing a high school, the members of
29or the representative of the board of directors of the school
30district, as applicable, shall constitute one voting unit.
31 The majority vote of the members present of each unit shall
32determine the vote of the unit. The assessor shall be clerk of
33the conference board.
34DIVISION VI
35AREA EDUCATION AGENCY BOARDS
-17-1 Sec. 21. Section 273.3, subsection 12, Code 2023, is amended
2to read as follows:
312. Prepare an annual budget estimating income and
4expenditures for programs and services as provided in sections
5273.1, 273.2, this section, sections 273.4 through 273.8, and
6chapter 256B within the limits of funds provided under section
7256B.9 and chapter 257. The board shall post notice of a
8public hearing on the proposed budget on the area education
9agency’s internet site and by publication in the newspaper of
10general circulation in the territory of the area education
11agency in which the principal place of business of a school
12district that is a part of the area education agency is located
13or in the manner prescribed in section 279.36. The notice
14shall specify the date, which shall be not later than March
151 of each year, the time, and the location of the public
16hearing. The proposed budget as approved by the board shall
17then be submitted to the state board of education, on forms
18provided by the department, no later than March 15 preceding
19the next fiscal year for approval. The state board shall
20review the proposed budget of each area education agency and
21shall before May 1, either grant approval or return the budget
22without approval with comments of the state board included. An
23unapproved budget shall be resubmitted to the state board for
24final approval not later than May 15. The state board shall
25give final approval only to budgets submitted by area education
26agencies accredited by the state board or that have been given
27conditional accreditation by the state board.
28 Sec. 22. Section 273.8, subsection 2, paragraph c, Code
292023, is amended to read as follows:
30c. The board of each separate school district that is
31located entirely or partially inside an area education agency
32director district shall cast a vote for director of the area
33education agency board based upon the ratio that the population
34of the school district, or portion of the school district, in
35the director district bears to the total population in the
-18-1director district. The population of each school district or
2portion shall be determined by the department of education.
3The member of the area education agency board to be elected may
4be a member of a local school district board of directors and
5shall be an elector and a resident of the director district,
6but shall not be a school district employee shall be an elector
7and a resident of the director district and may be a member
8of a local school district board of directors or a substitute
9teacher who is employed by the school district and holds a
10license issued by the board of educational examiners, but shall
11not be employed by the school district in any other position.
12DIVISION VII
13ELECTION COMMISSIONERS
14 Sec. 23. Section 47.6, subsection 2, Code 2023, is amended
15to read as follows:
162. For the purpose of this section, a conflict between two
17elections exists only when some but not all of the registered
18voters of any precinct would be entitled to vote in one of
19the elections and all of the registered voters of the same
20precinct would be entitled to vote in the other election.
21Nothing in this subsection shall deny a commissioner who is
22responsible for conducting the election discretionary authority
23to approve holding a special election on the same date as
24another election, even though the two elections may be defined
25as being in conflict, if the commissioner concludes that to do
26so will cause no undue difficulties.
27DIVISION VIII
28IOWA SCHOOL PERFORMANCE PROFILES
29 Sec. 24. 2013 Iowa Acts, chapter 121, section 73, subsection
302, is amended to read as follows:
312. The department shall develop an achievement score that
32calculates aggregate growth as well as aggregate proficiency
33of students which when combined with other academic indicators
34results in an overall school performance grade for each
35attendance center in the school district. For purposes of
-19-1calculating the performance grade, if a student returns to
2the school after dropping out and subsequently drops out
3again, the student’s second or subsequent dropping out of
4school shall not adversely affect the school’s performance
5grade. The performance grade may also be used as one measure
6to rank and classify schools into six different performance
7categories: exceptional, high performing, commendable,
8acceptable, needs improvement, and priority. The categories
9may be used to define support and specialized assistance to
10schools classified as needs improvement or priority as well as
11to recognize schools designated exceptional or high performing.
12Additionally, a closing gap score shall be calculated as
13another measure to determine subgroup performance and to rank
14and classify attendance centers. Other academic indicators
15shall be defined as criterion referenced variables that will
16be utilized in the calculation of the performance grade.
17Other academic indicators shall include but not be limited
18to graduation rates, attendance rates, and college-readiness
19rates. Additional indicators of academic success and progress
20may include post-graduation data, suspension and expulsion
21rates, levels of student engagement, parent satisfaction,
22parent engagement, and staff working conditions.
jda/jh/md
2public moneys, including the sale of public bonds, the
3duties and responsibilities of the directors and officers
4of school boards, school districts, the department of
5education, the department of health and human services,
6accredited nonpublic schools, charter schools, community
7colleges, institutions under the control of the state
8board of regents, area education agencies, and election
9commissioners, and the membership and voting units of county
10and city conference boards.
11BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BOND SALES
3 Section 1. Section 75.2, Code 2023, is amended to read as
4follows:
575.2 Notice of sale.
6When public bonds are offered for sale, the official in
7charge of the bond issue shall, by advertisement published
8at least once, the last one of which shall be not less than
9four nor more than twenty days before the sale in a newspaper
10located in the county or a county contiguous to the place of
11sale, give notice of the time and place of sale of the bonds,
12the amount to be offered for sale, and any further information
13which the official deems pertinent by publishing the time and
14place of sale of the bonds, the amount to be offered for sale,
15and any additional information the official deems pertinent
16to the bond issue not less than four nor more than twenty
17days before the sale in at least one electronic or written
18publication with nationwide circulation that is recognized for
19providing information regarding the sale of public bonds or in
20a newspaper located in the county or a county contiguous to the
21place of sale.
22 Sec. 2. Section 75.14, Code 2023, is amended to read as
23follows:
2475.14 Electronic bidding.
25Notwithstanding contrary provisions of this chapter,
26including section 75.3, a public body authorized to issue
27bonds, notes, or other obligations may elect to receive bids to
28purchase such bonds, notes, or other obligations by means of
29electronic, internet, or wireless communication; a proprietary
30bidding procedure or system; or by facsimile transmission
31to a location deemed appropriate by the governing body, in
32each instance as may be approved by the governing body and
33provided for in the notice of sale. An electronic bid shall
34be submitted in substantial conformity with the requirements
35of chapter 554D and any rules adopted pursuant to that chapter
-1-1with respect to the acceptance of electronic records by a
2governmental agency. Additionally, before approving the use
3of an electronic bidding procedure, the public body shall find
4and determine that the specific procedure to be used will
5provide reasonable security and maintain the integrity of
6the competitive bidding process, and facilitate the delivery
7of bids by interested parties under the circumstances of the
8particular sale.
9DIVISION II
10SCHOOL BOARD AND OFFICERS — DUTIES AND RESPONSIBILITIES
11 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended
12to read as follows:
139. Beginning July 1, 2006, each A school district shall
14have a qualified teacher librarian who shall be licensed by the
15board of educational examiners under chapter 272. The state
16board shall establish in rule a definition of and standards for
17an articulated sequential kindergarten through grade twelve
18media program. A school district that entered into a contract
19with an individual for employment as a media specialist or
20librarian prior to June 1, 2006, shall be considered to be
21in compliance with this subsection until June 30, 2011, if
22the individual is making annual progress toward meeting the
23requirements for a teacher librarian endorsement issued by the
24board of educational examiners under chapter 272. A school
25district that entered into a contract with an individual for
26employment as a media specialist or librarian who holds at
27least a master’s degree in library and information studies
28shall be considered to be in compliance with this subsection
29 until the individual leaves the employ of the school district.
30 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023,
31is amended to read as follows:
32a. Except as provided in paragraph “b” and subsection
332, vacancies occurring among the officers or members of a
34school board shall be filled by the board by appointment. A
35person so appointed to fill a vacancy in an elective office
-2-1shall hold office until a successor is elected and qualified
2at the next regular school election, unless there is an
3intervening special election for the school district, in which
4event a successor shall be elected at the intervening special
5election, in accordance with section 69.12. To fill a vacancy
6occurring among the members of a school board, the board shall
7publish notice on the board’s internet site and in the manner
8prescribed by section 279.36, stating that the board intends to
9fill the vacancy by appointment but that the electors of the
10school district have the right to file a petition requiring
11that the vacancy be filled by a special election conducted
12pursuant to section 279.7. The board may publish notice in
13advance if a member of the board submits a resignation to take
14effect at a future date. The board may make an appointment to
15fill the vacancy after the notice is published or after the
16vacancy occurs, whichever is later.
17 Sec. 5. Section 279.8, subsection 1, Code 2023, is amended
18to read as follows:
191. The board shall make rules for its own government and
20that of the directors, officers, employees, teachers and
21pupils, and for the care of the schoolhouse, grounds, and
22property of the school corporation, and shall aid in the
23enforcement of the rules, and require the performance of duties
24imposed by law and the rules. The board shall include in its
25rules provisions regulating the loading and unloading of pupils
26from a school bus stopped on the highway during a period of
27reduced highway visibility caused by fog, snow or other weather
28conditions. The board shall have the authority to include in
29its rules provisions allowing school corporation employees to
30use school credit cards to pay for the actual and necessary
31expenses incurred in the performance of work-related duties.
32 Sec. 6. NEW SECTION. 279.8C Board of directors — access
33to information.
341. The board of directors of a school district shall have
35access to and may review any of the following:
-3- 1a. The curriculum associated with any instruction provided
2to students enrolled in the school district.
3b. Materials located in a library operated by the school
4district, including a library located in a classroom.
52. A school district shall not prohibit a member of the
6board of directors of the school district from attending
7classes taught by teachers employed by the school district
8to observe classroom instruction, not for the purpose of
9evaluation, if the member has provided reasonable prior notice
10to the superintendent and principal of the attendance center
11in which the classes are taught and to the teacher providing
12the instruction.
133. a. A school district shall not prohibit a member of
14the board of directors of the school district from accessing
15materials used in a professional development program that
16the school district, or an administrator employed by the
17school district, requires employees of the school district to
18attend. This paragraph shall not be construed to authorize
19a member of the board of directors of the school district to
20access an individual teacher professional development plan
21developed pursuant to section 284.6 or any materials related
22to an intensive assistance program a teacher is required to
23participate in pursuant to section 284.8.
24b. A school district, or an administrator employed by the
25school district, shall provide copies of materials used in a
26professional development program that the school district, or
27an administrator employed by the school district, requires
28employees of the school district to attend to a member of the
29board of directors of the school district upon request. This
30paragraph shall not be construed to require a school district,
31or an administrator employed by the school district, to provide
32copies of an individual teacher professional development plan
33developed pursuant to section 284.6, or any materials related
34to an intensive assistance program a teacher is required to
35participate in pursuant to section 284.8, to a member of the
-4-1board of directors of the school district.
24. For purposes of this section, “professional development
3program” means the same as defined in section 272.1.
4 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended
5to read as follows:
62. The board of directors of a school district may delegate
7the authority to hire support personnel and sign the support
8personnel employment contracts, if applicable, if the board
9adopts a policy authorizing the superintendent to perform
10such duties and specifying the positions the superintendent
11is authorized to fill. The board of directors of a school
12district and the superintendent, if authorized pursuant to
13this subsection, may use electronic signatures and electronic
14contracts pursuant to chapter 554D and facsimile signatures
15when entering into the contracts described in this subsection.
16 For purposes of this subsection, the term “support personnel”
17includes, but is not limited to, bus drivers, custodians,
18educational associates, and clerical and food service
19employees.
20 Sec. 8. Section 279.69, subsection 1, Code 2023, is amended
21to read as follows:
221. Prior to hiring an applicant for a school employee
23position, a school district shall have access to and shall
24review the information in the Iowa court information system
25available to the general public, the sex offender registry
26information under section 692A.121 available to the general
27public, the central registry for child abuse information
28established under section 235A.14, and the central registry for
29dependent adult abuse information established under section
30235B.5 for information regarding the applicant. A school
31district shall follow the same procedure by June 30, 2014, for
32each school employee employed by the school district as of July
331, 2013. A school district shall implement a consistent policy
34to follow the same procedure for each school employee employed
35by the school district on or after July 1, 2013, at least every
-5-1five years after the school employee’s initial date of hire.
2A school district shall not charge an employee for the cost
3of the registry checks conducted pursuant to this subsection.
4A school district shall maintain documentation demonstrating
5compliance with this subsection.
6 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended
7to read as follows:
82. The board of directors of each Each public school
9district shall administer the pledge of allegiance in grades
10one through twelve each school day. Each classroom in which
11the pledge of allegiance is recited pursuant to this subsection
12shall display the United States flag during the recitation. A
13student shall not be compelled against the student’s objections
14or those of the student’s parent or guardian to recite the
15pledge.
16 Sec. 10. Section 291.1, Code 2023, is amended to read as
17follows:
18291.1 President — duties.
19The president of the board of directors shall preside at
20all of its meetings, sign all contracts made by the board, and
21appear on behalf of the corporation in all actions brought by
22or against it, unless individually a party, in which case this
23duty shall be performed by the secretary. The president or the
24president’s designee shall have the authority to enter into
25original contracts or electronic contracts pursuant to chapter
26554D and sign, using an original, or facsimile, or electronic
27 signature, as defined in section 554D.103, all school district
28payments drawn and authorize electronic funds transfers as
29provided by law. The board of directors, by resolution, may
30designate an individual, who shall not be the secretary, to
31sign payments or authorize electronic funds transfers on behalf
32of the president pursuant to this section.
33 Sec. 11. Section 291.4, Code 2023, is amended to read as
34follows:
35291.4 Oath.
-6- 1Each shall take the oath required of civil officers, which
2shall be endorsed upon the bond, and shall complete the
3qualification within ten days.
4DIVISION III
5RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH
6 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are
7amended to read as follows:
81. Findings and intent. The general assembly finds that
9human beings are vulnerable to and may be severely affected by
10exposure to chemicals, hazardous waste, and other environmental
11hazards. The federal environmental protection agency estimates
12that human exposure to indoor air pollutants can be two to
13five times, and up to one hundred times, higher than outdoor
14levels. Children, teachers, janitors, and other staff members
15spend a significant amount of time inside school buildings.
16Likewise, state State employees and citizens of this state
17spend a significant amount of time inside state buildings.
18These individuals are continuously exposed to chemicals from
19cleaners, waxes, deodorizers, and other maintenance products.
203. Use of environmentally preferable cleaning and maintenance
21products.
22a. All school districts in this state, community colleges,
23institutions under the control of the state board of regents,
24and state agencies utilizing state buildings, are encouraged
25to conform to an environmentally preferable cleaning policy
26designed to facilitate the purchase and use of environmentally
27preferable cleaning and maintenance products for purposes of
28public school, community college, regents institution, and
29 state building cleaning and maintenance.
30b. Each school district, community college, institution
31under the control of the state board of regents, or state
32agency utilizing public buildings shall conduct an evaluation
33and assessment regarding implementation of an environmentally
34preferable cleaning policy pursuant to this section. On or
35after July 1, 2012, all All state agencies, and all school
-7-1districts, community colleges, and institutions under the
2control of the state board of regents which have not opted
3out of compliance pursuant to paragraph “c”, shall purchase
4only cleaning and maintenance products identified by the
5department or that meet nationally recognized standards.
6School districts, community colleges, institutions under the
7control of the state board of regents, and state State agencies
8procuring supplies for schools and state buildings may deplete
9their existing cleaning and maintenance supply stocks and
10implement the new requirements in the procurement cycle for
11the following year. This section shall not be interpreted
12in a manner that prohibits the use of disinfectants,
13disinfecting cleaners, sanitizers, or any other antimicrobial
14product regulated by the federal Insecticide, Fungicide,
15and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
16to protect public health and provided that the use of these
17products is in accordance with responsible cleaning procedure
18requirements.
19c. A school district, community college, or institution
20under the control of the state board of regents may, based upon
21the evaluation and assessment conducted pursuant to paragraph
22“b”, opt out of compliance with the requirements of this section
23 upon the affirmative vote of a majority of the members of the
24board of directors of the school district or a determination by
25the president of the community college or by the president or
26administrative officer of the regents institution. A school
27district, community college, or regents institution opting
28out of compliance pursuant to this paragraph shall notify the
29department of education, the state board of education, or the
30state board of regents, as appropriate, of this decision.
31 Sec. 13. Section 256.11, subsection 9B, Code 2023, is
32amended to read as follows:
339B. Beginning July 1, 2007, each A school district shall
34have a employ at least one school nurse to provide health
35services to its students. Each school district shall work
-8-1toward the goal of having one school nurse for every seven
2hundred fifty students enrolled in the school district. For
3purposes of this subsection, “school nurse” means a person who
4holds an endorsement or a statement of professional recognition
5for school nurses issued by the board of educational examiners
6under chapter 272.
7 Sec. 14. DEPARTMENT OF EDUCATION — HEALTH CARE-RELATED
8TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
91. The department of education shall convene and provide
10administrative support to a health care-related training
11for school personnel work group. The work group shall
12review and develop a plan to ensure Iowa educators have the
13health care training necessary to perform their duties and
14responsibilities, and shall consider and submit recommendations
15for delivery and implementation of training required under
16state law or rule.
172. The work group shall include all of the following:
18a. (1) Two members who are staff members from the
19department of education, one of whom shall be an administrative
20consultant in the bureau of nutrition and health services.
21A member appointed under this subparagraph shall coordinate
22the work group and act as chairperson for the organizational
23meeting.
24(2) One member who is a staff member from the Iowa
25department of health and human services.
26b. Members who shall represent each of the following:
27(1) One member from a statewide organization representing
28teachers.
29(2) One member from a statewide organization representing
30school board members.
31(3) One member from a statewide organization representing
32school administrators.
33(4) One member from a statewide organization representing
34authorities in charge of accredited nonpublic schools.
35(5) One member representing the area education agencies.
-9- 1(6) One member from a statewide organization representing
2physicians.
3(7) One member from a statewide organization representing
4athletic trainers.
5(8) One member from a statewide organization representing
6emergency management services.
7(9) One member from a statewide organization representing
8health care organizations.
9(10) One member from a statewide organization representing
10school nurses.
113. Any expenses incurred by a member of the work group
12shall be the responsibility of the individual member or the
13respective entity represented by the member.
144. The director of the department of education or the
15director’s designee shall compile and provide to the work group
16a list of, and the purposes for, the health care training
17programs that school personnel are required to complete, as
18well as any requirements school personnel must meet following
19such training, in order be in compliance with state law or
20administrative rule.
215. The work group shall do all of the following:
22a. Identify which trainings can be best provided over the
23internet, and how such training can be rotated on a five-year
24basis for school personnel.
25b. Develop a plan for a regular cycle of health care-related
26training for school personnel review, with the goal of removing
27or modifying training or training programs that are no longer
28relevant, and identifying less costly and more efficient
29options that still provide the appropriate level of training to
30school personnel.
31c. Standardize the process of establishing new training
32requirements in state law or rule to manage stakeholder
33expectations relating to the timeline for establishing the
34requirements.
35d. Create an ongoing review process to find efficiencies,
-10-1identify training options that better utilize time and
2financial resources, and offer a continuous improvement model
3for the system moving forward.
4e. Study and make any recommended changes on rules adopted
5by the state board of education under 281 IAC ch.14, relating
6to individual health plans prepared for students with various
7health conditions.
8f. Ensure a public comment process for patient advocacy
9groups and parents to provide input on the recommendations of
10the work group.
116. If the work group recommends elimination or significant
12modification of certain health care-related training for
13school personnel, the department of education shall identify
14stakeholders who would potentially be affected by such
15change, and shall invite representatives from organizations
16representing such stakeholders to submit comments before or
17at an upcoming work group meeting before the work group makes
18final recommendations.
197. The department of education shall compile the work
20group’s findings and recommendations and shall submit the
21compilation, including any proposal for legislation, in a
22report to the general assembly, the governor, and the state
23board of education by December 1, 2023.
24DIVISION IV
25STATEWIDE SCHOOL INFRASTRUCTURE FUNDING
26 Sec. 15. Section 423F.3, subsections 2 and 4, Code 2023, are
27amended to read as follows:
282. A revenue purpose statement in existence for the
29expenditure of local sales and services tax for school
30infrastructure purposes imposed by a county pursuant to
31section 423E.2, Code Supplement 2007, prior to July 1, 2008,
32shall remain in effect until amended or extended. The board
33of directors of a school district may take action to adopt
34or amend a revenue purpose statement specifying the specific
35purposes for which the revenues received from the secure an
-11-1advanced vision for education fund will be expended. If a
2school district is located in a county which has imposed a
3local sales and services tax for school infrastructure purposes
4prior to July 1, 2008, this action shall be taken before
5expending or anticipating revenues to be received after the
6unextended term of the tax unless the school district elects to
7adopt a revenue purpose statement as provided in subsection 3.
84. The revenues received pursuant to this chapter shall
9be expended for the purposes specified in the revenue purpose
10statement. If a board of directors has not approved a revenue
11purpose statement, the revenues shall be expended in the order
12listed in subsection 1 except that the payment of bonds for
13which the revenues have been pledged shall be paid first.
14Once approved, a revenue purpose statement is effective until
15amended or repealed by the foregoing procedures. A revenue
16purpose statement shall not be amended or repealed to reduce
17the amount of revenue pledged to the payment of principal and
18interest on bonds as long as any bonds authorized by sections
19423E.5 and 423F.4 are outstanding unless funds sufficient
20to pay principal, interest, and premium, if any, on the
21outstanding obligations at or prior to maturity have been
22properly set aside and pledged for that purpose. A school
23district affected by a reorganization under chapter 275 that
24has issued bonds under section 423E.5 or 423F.4 and that has
25not approved a revenue purpose statement shall first use
26revenues to make timely and sufficient payment of principal and
27interest, and premium if applicable, on the outstanding bonds.
28 Sec. 16. Section 423F.3, subsection 3, paragraph c, Code
292023, is amended by striking the paragraph.
30 Sec. 17. Section 423F.3, subsection 3, paragraph d, Code
312023, is amended to read as follows:
32d. The board secretary shall notify the county commissioner
33of elections of the intent to take an issue to the voters
34pursuant to paragraph “b” or “c”. The county commissioner of
35elections shall publish the notices required by law for special
-12-1or general elections, and the election shall be held on a date
2specified in section 39.2, subsection 4, paragraph “c”. A
3majority of those voting on the question must favor approval
4of the revenue purpose statement. If the proposal is not
5approved, the school district shall not submit the same or new
6revenue purpose statement to the electors for a period of six
7months from the date of the previous election.
8 Sec. 18. Section 423F.3, subsection 6, paragraph a,
9subparagraph (1), Code 2023, is amended to read as follows:
10(1) For purposes of this chapter, “school infrastructure”
11means those activities authorized in section 423E.1, subsection
123, Code 2007 for which a school district is authorized to
13contract indebtedness and issue general obligation bonds under
14section 296.1, except those activities related to a teacher’s
15or superintendent’s home or homes. “School infrastructure”
16 includes the construction, reconstruction, repair, demolition
17work, purchasing, or remodeling of schoolhouses, stadiums,
18gymnasiums, fieldhouses, and school bus garages, the
19procurement of schoolhouse construction sites, the making of
20site improvements, and those activities for which revenues
21under section 298.3 or chapter 300 may be spent.
22 Sec. 19. Section 423F.4, Code 2023, is amended to read as
23follows:
24423F.4 Borrowing authority for school districts.
251. Subject to the conditions established under subsection
262, a school district may anticipate its share of the revenues
27under section 423F.2 by issuing bonds in the manner provided
28in section 423E.5, Code 2019 this section. However, to the
29extent any school district has issued bonds anticipating the
30proceeds of an extended local sales and services tax for school
31infrastructure purposes imposed by a county pursuant to former
32chapter 423E, Code and Code Supplement 2007, prior to July 1,
332008, the pledge of such revenues for the payment of principal
34and interest on such bonds shall be replaced by a pledge of its
35share of the revenues under section 423F.2.
-13- 12. a. Bonds issued on or after July 1, 2019, shall not be
2sold at public sale as provided in chapter 75, or at a private
3sale, without notice and hearing. Notice of the time and place
4of the public hearing shall be published not less than ten nor
5more than twenty days before the public hearing in a newspaper
6which is a newspaper of general circulation in the school
7district. This paragraph does not apply to the refinancing of
8bonds.
9b. For bonds subject to the requirements of paragraph
10“a”, if at any time prior to the fifteenth day following the
11hearing, the secretary of the board of directors receives a
12petition containing the required number of signatures and
13asking that the question of the issuance of such bonds be
14submitted to the voters of the school district, the board shall
15either rescind its adoption of the resolution or direct the
16county commissioner of elections to submit the question to the
17registered voters of the school district at an election held
18on a date specified in section 39.2, subsection 4, paragraph
19“c”. The petition must be signed by eligible electors equal
20in number to not less than one hundred or thirty percent of
21the number of voters at the last preceding election of school
22officials under section 277.1, whichever is greater. If the
23board submits the question at an election and a majority of
24those voting on the question favors issuance of the bonds, the
25board shall be authorized to issue the bonds.
26c. After fourteen days from the date of the hearing under
27paragraph “a” or fourteen days after the date of the election
28held under paragraph “b”, if applicable, whichever is later,
29an action shall not be brought questioning the legality of
30any bonds or the power of the authority to issue any bonds
31or to the legality of any proceedings in connection with the
32authorization or issuance of the bonds.
333. The repeal of section 423E.5 shall not affect the
34validity of any previously issued bonds or other evidences of
35indebtedness.
-14- 14. The board of directors of a school district may issue
2negotiable, interest-bearing school bonds, without election,
3and utilize tax receipts derived from the secure an advanced
4vision for education fund for principal and interest repayment.
5Proceeds of the bonds issued pursuant to this subsection shall
6be utilized solely for school infrastructure as defined in
7section 423F.3, subsection 6, paragraph “a”. Bonds issued
8under this subsection may be sold at public sale as provided
9in chapter 75, or at private sale, without notice and hearing.
10Bonds may bear dates, bear interest at rates not exceeding that
11permitted by chapter 74A, mature in one or more installments,
12be in registered form, carry registration and conversion
13privileges, be payable as to principal and interest at times
14and places, be subject to terms of redemption prior to maturity
15with or without premium, and be in one or more denominations,
16all as provided by the resolution of the board of directors
17authorizing the issuance. The resolution may also prescribe
18additional provisions, terms, conditions, and covenants which
19the board of directors deems advisable, including provisions
20for creating and maintaining reserve funds, the issuance of
21additional bonds ranking on a parity with such bonds and
22additional bonds junior and subordinate to such bonds, and
23that such bonds shall rank on a parity with or be junior and
24subordinate to any bonds which may be then outstanding. Bonds
25may be issued to refund outstanding and previously issued
26bonds under this subsection. The bonds are a contractual
27obligation of the school district, and the resolution issuing
28the bonds and its share of the revenues distributed pursuant
29to section 423F.2 to the payment of principal and interest on
30the bonds is a part of the contract. Bonds issued pursuant to
31this subsection shall not constitute indebtedness within the
32meaning of any constitutional or statutory debt limitation or
33restriction, and shall not be subject to any other law relating
34to the authorization, issuance, or sale of bonds.
355. a. (1) A school district may enter into an agreement
-15-1pursuant to chapter 28E with one or more cities or a county
2whose boundaries encompass all or a part of the area of the
3school district. A city or cities entering into an agreement
4with a school district pursuant to chapter 28E may expend the
5city’s designated portion of the revenues for any valid purpose
6permitted in this chapter or authorized by the governing body
7of the city. A county entering into an agreement with a school
8district pursuant to chapter 28E may expend its designated
9portion of the revenues to provide property tax relief within
10the boundaries of the school district located in the county.
11(2) The governing body of a city may authorize the issuance
12of bonds which are payable from its designated portion of
13the revenues to be received under this section, and not
14from property tax, by following the authorization procedures
15described in section 384.83. A city may pledge irrevocably any
16amount derived from its designated portions of the revenues to
17the support or payment of such bonds.
18b. A school district may enter into an agreement pursuant to
19chapter 28E with another school district, a community college,
20or an area education agency which is located partially or
21entirely in or is contiguous to the county where the school
22district is located. The school district or community college
23shall only expend its designated portion of the revenues
24for infrastructure purposes. The area education agency
25shall only expend its designated portion of the revenues for
26infrastructure and maintenance purposes.
27DIVISION V
28COUNTY CONFERENCE BOARD
29 Sec. 20. Section 441.2, Code 2023, is amended to read as
30follows:
31441.2 Conference board.
32In each county and each city having an assessor there
33shall be established a conference board. In counties the
34conference board shall consist of the mayors or a designated
35member of a city council of all incorporated cities in the
-16-1county whose property is assessed by the county assessor; one
2representative from the board of directors of each high school
3district of containing a high school in the county, who is a
4resident of the county, said board of directors appointing said
5representative for a one-year term and notifying the clerk of
6the conference board as to their representative; and members
7of the board of supervisors. In cities having an assessor
8the conference board shall consist of the members of the city
9council, school board the board of directors of each school
10district containing a high school in the city, and county board
11of supervisors. In the counties the chairperson of the board
12of supervisors shall act as chairperson of the conference
13board, in cities having an assessor the mayor of the city
14council shall act as chairperson of the conference board. In
15any action taken by the conference board, the mayors of all
16incorporated cities in the county whose property is assessed
17by the county assessor shall constitute one voting unit, the
18members of the city board of education board of directors of
19each school district containing a high school in the city or
20one representative from the board of directors of each high
21 school district of containing a high school in the county shall
22constitute one voting unit, the members of the city council
23shall constitute one voting unit, and the county board of
24supervisors shall constitute one voting unit, each unit having
25a single vote and no action shall be valid except by the vote of
26not less than two out of the three units. In any action taken
27by the conference board, if a city or a county contains only
28one school district containing a high school, the members of
29or the representative of the board of directors of the school
30district, as applicable, shall constitute one voting unit.
31 The majority vote of the members present of each unit shall
32determine the vote of the unit. The assessor shall be clerk of
33the conference board.
34DIVISION VI
35AREA EDUCATION AGENCY BOARDS
-17-1 Sec. 21. Section 273.3, subsection 12, Code 2023, is amended
2to read as follows:
312. Prepare an annual budget estimating income and
4expenditures for programs and services as provided in sections
5273.1, 273.2, this section, sections 273.4 through 273.8, and
6chapter 256B within the limits of funds provided under section
7256B.9 and chapter 257. The board shall post notice of a
8public hearing on the proposed budget on the area education
9agency’s internet site and by publication in the newspaper of
10general circulation in the territory of the area education
11agency in which the principal place of business of a school
12district that is a part of the area education agency is located
13or in the manner prescribed in section 279.36. The notice
14shall specify the date, which shall be not later than March
151 of each year, the time, and the location of the public
16hearing. The proposed budget as approved by the board shall
17then be submitted to the state board of education, on forms
18provided by the department, no later than March 15 preceding
19the next fiscal year for approval. The state board shall
20review the proposed budget of each area education agency and
21shall before May 1, either grant approval or return the budget
22without approval with comments of the state board included. An
23unapproved budget shall be resubmitted to the state board for
24final approval not later than May 15. The state board shall
25give final approval only to budgets submitted by area education
26agencies accredited by the state board or that have been given
27conditional accreditation by the state board.
28 Sec. 22. Section 273.8, subsection 2, paragraph c, Code
292023, is amended to read as follows:
30c. The board of each separate school district that is
31located entirely or partially inside an area education agency
32director district shall cast a vote for director of the area
33education agency board based upon the ratio that the population
34of the school district, or portion of the school district, in
35the director district bears to the total population in the
-18-1director district. The population of each school district or
2portion shall be determined by the department of education.
3The member of the area education agency board to be elected may
4be a member of a local school district board of directors and
5shall be an elector and a resident of the director district,
6but shall not be a school district employee shall be an elector
7and a resident of the director district and may be a member
8of a local school district board of directors or a substitute
9teacher who is employed by the school district and holds a
10license issued by the board of educational examiners, but shall
11not be employed by the school district in any other position.
12DIVISION VII
13ELECTION COMMISSIONERS
14 Sec. 23. Section 47.6, subsection 2, Code 2023, is amended
15to read as follows:
162. For the purpose of this section, a conflict between two
17elections exists only when some but not all of the registered
18voters of any precinct would be entitled to vote in one of
19the elections and all of the registered voters of the same
20precinct would be entitled to vote in the other election.
21Nothing in this subsection shall deny a commissioner who is
22responsible for conducting the election discretionary authority
23to approve holding a special election on the same date as
24another election, even though the two elections may be defined
25as being in conflict, if the commissioner concludes that to do
26so will cause no undue difficulties.
27DIVISION VIII
28IOWA SCHOOL PERFORMANCE PROFILES
29 Sec. 24. 2013 Iowa Acts, chapter 121, section 73, subsection
302, is amended to read as follows:
312. The department shall develop an achievement score that
32calculates aggregate growth as well as aggregate proficiency
33of students which when combined with other academic indicators
34results in an overall school performance grade for each
35attendance center in the school district. For purposes of
-19-1calculating the performance grade, if a student returns to
2the school after dropping out and subsequently drops out
3again, the student’s second or subsequent dropping out of
4school shall not adversely affect the school’s performance
5grade. The performance grade may also be used as one measure
6to rank and classify schools into six different performance
7categories: exceptional, high performing, commendable,
8acceptable, needs improvement, and priority. The categories
9may be used to define support and specialized assistance to
10schools classified as needs improvement or priority as well as
11to recognize schools designated exceptional or high performing.
12Additionally, a closing gap score shall be calculated as
13another measure to determine subgroup performance and to rank
14and classify attendance centers. Other academic indicators
15shall be defined as criterion referenced variables that will
16be utilized in the calculation of the performance grade.
17Other academic indicators shall include but not be limited
18to graduation rates, attendance rates, and college-readiness
19rates. Additional indicators of academic success and progress
20may include post-graduation data, suspension and expulsion
21rates, levels of student engagement, parent satisfaction,
22parent engagement, and staff working conditions.
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