House File 772 H-1351 Amend House File 772 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 5 Section 1. Section 20.3, subsections 11 and 13, Code 2021, 6 are amended by striking the subsections. 7 Sec. 2. Section 20.6, subsection 1, Code 2021, is amended 8 to read as follows: 9 1. Administer Interpret, apply, and administer the 10 provisions of this chapter . 11 Sec. 3. Section 20.6, subsections 6 and 7, Code 2021, are 12 amended by striking the subsections. 13 Sec. 4. Section 20.7, subsection 2, Code 2021, is amended 14 to read as follows: 15 2. Hire, evaluate, promote, demote, transfer, assign, and 16 retain public employees in positions within the public agency. 17 Sec. 5. Section 20.8, subsection 5, Code 2021, is amended by 18 striking the subsection. 19 Sec. 6. Section 20.9, Code 2021, is amended by striking the 20 section and inserting in lieu thereof the following: 21 20.9 Scope of negotiations. 22 1. The public employer and the employee organization 23 shall meet at reasonable times, including meetings reasonably 24 in advance of the public employer’s budget-making process, 25 to negotiate in good faith with respect to wages, hours, 26 vacations, insurance, holidays, leaves of absence, shift 27 differentials, overtime compensation, supplemental pay, 28 seniority, transfer procedures, job classifications, health and 29 safety matters, evaluation procedures, procedures for staff 30 reduction, in-service training, and other matters mutually 31 agreed upon. Negotiations shall also include terms authorizing 32 dues checkoff for members of the employee organization and 33 grievance procedures for resolving any questions arising under 34 the agreement, which shall be embodied in a written agreement 35 -1- HF772.1807 (1) 89 cm/jh 1/ 37 #1.

and signed by the parties. If an agreement provides for dues 1 checkoff, a member’s dues may be checked off only upon the 2 member’s written request and the member may terminate the dues 3 checkoff at any time by giving thirty days’ written notice. 4 Such obligation to negotiate in good faith does not compel 5 either party to agree to a proposal or make a concession. 6 2. Nothing in this section shall diminish the authority 7 and power of the department of administrative services, board 8 of regents’ merit system, Iowa public broadcasting board’s 9 merit system, or any civil service commission established by 10 constitutional provision, statute, charter, or special act to 11 recruit employees, prepare, conduct and grade examinations, 12 rate candidates in order of their relative scores for 13 certification for appointment or promotion or for other matters 14 of classification, reclassification or appeal rights in the 15 classified service of the public employer served. 16 3. All retirement systems shall be excluded from the scope 17 of negotiations. 18 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2021, 19 is amended by striking the paragraph. 20 Sec. 8. Section 20.12, subsection 5, Code 2021, is amended 21 to read as follows: 22 5. If an employee organization or any of its officers 23 is held to be in contempt of court for failure to comply 24 with an injunction pursuant to this section , or is convicted 25 of violating this section , the employee organization shall 26 be immediately decertified, shall cease to represent the 27 bargaining unit, shall cease to receive any dues by checkoff, 28 and may again be certified only after twenty-four twelve months 29 have elapsed from the effective date of decertification and 30 only if after a new petition for certification pursuant to 31 compliance with section 20.14 is filed and a new certification 32 election pursuant to section 20.15 is held . The penalties 33 provided in this section may be suspended or modified by the 34 court, but only upon request of the public employer and only 35 -2- HF772.1807 (1) 89 cm/jh 2/ 37

if the court determines the suspension or modification is in 1 the public interest. 2 Sec. 9. Section 20.15, Code 2021, is amended by striking the 3 section and inserting in lieu thereof the following: 4 20.15 Elections. 5 1. Upon the filing of a petition for certification of an 6 employee organization, the board shall submit a question to 7 the public employees at an election in the bargaining unit 8 found appropriate by the board. The question on the ballot 9 shall permit the public employees to vote for no bargaining 10 representation or for any employee organization which has 11 petitioned for certification or which has presented proof 12 satisfactory to the board of support of ten percent or more of 13 the public employees in the appropriate unit. 14 2. If a majority of the votes cast on the question is 15 for no bargaining representation, the public employees in 16 the bargaining unit found appropriate by the board shall not 17 be represented by an employee organization. If a majority 18 of the votes cast on the question is for a listed employee 19 organization, then that employee organization shall represent 20 the public employees in the bargaining unit found appropriate 21 by the board. 22 3. If none of the choices on the ballot receive the vote 23 of a majority of the public employees voting, the board shall 24 conduct a runoff election among the two choices receiving the 25 greatest number of votes. 26 4. Upon written objections filed by any party to the 27 election within ten days after notice of the results of 28 the election, if the board finds that misconduct or other 29 circumstances prevented the public employees eligible to 30 vote from freely expressing their preferences, the board may 31 invalidate the election and hold a second election for the 32 public employees. 33 5. Upon completion of a valid election in which the majority 34 choice of the employees voting is determined, the board shall 35 -3- HF772.1807 (1) 89 cm/jh 3/ 37

certify the results of the election and shall give reasonable 1 notice of the order to all employee organizations listed on the 2 ballot, the public employers, and the public employees in the 3 appropriate bargaining unit. 4 6. a. A petition for certification as exclusive bargaining 5 representative of a bargaining unit shall not be considered 6 by the board for a period of one year from the date of the 7 noncertification of an employee organization as the exclusive 8 bargaining representative of that bargaining unit following a 9 certification election. A petition for certification as the 10 exclusive bargaining representative of a bargaining unit shall 11 also not be considered by the board if the bargaining unit is 12 at that time represented by a certified exclusive bargaining 13 representative. 14 b. A petition for the decertification of the exclusive 15 bargaining representative of a bargaining unit shall not be 16 considered by the board for a period of one year from the date 17 of its certification, or within one year of its continued 18 certification following a decertification election, or during 19 the duration of a collective bargaining agreement which, for 20 purposes of this section, shall be deemed not to exceed two 21 years. However, if a petition for decertification is filed 22 during the duration of a collective bargaining agreement, the 23 board shall award an election under this section not more than 24 one hundred eighty days and not less than one hundred fifty 25 days prior to the expiration of the collective bargaining 26 agreement. If an employee organization is decertified, the 27 board may receive petitions under section 20.14, provided that 28 no such petition and no election conducted pursuant to such 29 petition within one year from decertification shall include as 30 a party the decertified employee organization. 31 c. A collective bargaining agreement with the state, its 32 boards, commissions, departments, and agencies shall be for two 33 years. The provisions of a collective bargaining agreement or 34 arbitrator’s award affecting state employees shall not provide 35 -4- HF772.1807 (1) 89 cm/jh 4/ 37

for renegotiations which would require the refinancing of 1 salary and fringe benefits for the second year of the term of 2 the agreement, except as provided in section 20.17, subsection 3 6. The effective date of any such agreement shall be July 1 of 4 odd-numbered years, provided that if an exclusive bargaining 5 representative is certified on a date which will prevent the 6 negotiation of a collective bargaining agreement prior to 7 July 1 of odd-numbered years for a period of two years, the 8 certified collective bargaining representative may negotiate 9 a one-year contract with the public employer which shall be 10 effective from July 1 of the even-numbered year to July 1 11 of the succeeding odd-numbered year when new contracts shall 12 become effective. 13 Sec. 10. Section 20.17, subsection 8, Code 2021, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 8. The salaries of all public employees of the state under 17 a merit system and all other fringe benefits which are granted 18 to all public employees of the state shall be negotiated with 19 the governor or the governor’s designee on a statewide basis, 20 except those benefits which are not subject to negotiations 21 pursuant to the provisions of section 20.9. 22 Sec. 11. Section 20.17, Code 2021, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 8A. A public employee or any employee 25 organization shall not negotiate or attempt to negotiate 26 directly with a member of the governing board of a public 27 employer if the public employer has appointed or authorized 28 a bargaining representative for the purpose of bargaining 29 with the public employees or their representative, unless the 30 member of the governing board is the designated bargaining 31 representative of the public employer. 32 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 33 2021, are amended to read as follows: 34 2. Each party shall serve its final offer on each of 35 -5- HF772.1807 (1) 89 cm/jh 5/ 37

the impasse items upon the other party within four days of 1 the board’s receipt of the request for arbitration , or by a 2 deadline otherwise agreed upon by the parties . The parties may 3 continue to negotiate all offers until an agreement is reached 4 or an award is rendered by the arbitrator. The full costs of 5 arbitration under this section shall be shared equally by the 6 parties to the dispute. 7 3. The submission of the impasse items to the arbitrator 8 shall be limited to those items upon which the parties have 9 not reached agreement. With respect to each such item, the 10 arbitrator’s award shall be restricted to the final offers on 11 each impasse item submitted by the parties to the arbitrator , 12 except as provided in subsection 10 , paragraph “b” . 13 7. For an arbitration involving a bargaining unit that 14 has at least thirty percent of members who are public safety 15 employees, the The arbitrator shall consider and specifically 16 address in the arbitrator’s determination , in addition to any 17 other relevant factors, the following factors: 18 a. Past collective bargaining contracts between the parties 19 including the bargaining that led up to such contracts. 20 b. Comparison of wages, hours, and conditions of employment 21 of the involved public employees with those of other public 22 employees doing comparable work, giving consideration to 23 factors peculiar to the area and the classifications involved. 24 c. The interests and welfare of the public, the ability of 25 the public employer to finance economic adjustments, and the 26 effect of such adjustments on the normal standard of services. 27 d. The power of the public employer to levy taxes and 28 appropriate funds for the conduct of its operations. 29 9. a. The arbitrator may administer oaths, examine 30 witnesses and documents, take testimony and receive evidence, 31 and issue subpoenas to compel the attendance of witnesses and 32 the production of records. The arbitrator may petition the 33 district court at the seat of government or of the county 34 in which the hearing is held to enforce the order of the 35 -6- HF772.1807 (1) 89 cm/jh 6/ 37

arbitrator compelling the attendance of witnesses and the 1 production of records. 2 b. Except as required for purposes of the consideration of 3 the factors specified in subsection 7 , paragraphs “a” through 4 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 5 (3), the parties shall not introduce, and the arbitrator 6 shall not accept or consider, any direct or indirect evidence 7 regarding any subject excluded from negotiations pursuant to 8 section 20.9 . 9 10. a. The arbitrator shall select within fifteen 10 days after the hearing the most reasonable offer, in the 11 arbitrator’s judgment, of the final offers on each impasse item 12 submitted by the parties. 13 b. (1) However, for an arbitration involving a bargaining 14 unit that does not have at least thirty percent of members who 15 are public safety employees, with respect to any increase in 16 base wages, the arbitrator’s award shall not exceed the lesser 17 of the following percentages in any one-year period in the 18 duration of the bargaining agreement: 19 (a) Three percent. 20 (b) A percentage equal to the increase in the consumer 21 price index for all urban consumers for the midwest region, 22 if any, as determined by the United States department of 23 labor, bureau of labor statistics, or a successor index. Such 24 percentage shall be the change in the consumer price index 25 for the twelve-month period beginning eighteen months prior 26 to the month in which the impasse item regarding base wages 27 was submitted to the arbitrator and ending six months prior to 28 the month in which the impasse item regarding base wages was 29 submitted to the arbitrator. 30 (2) To assist the parties in the preparation of their final 31 offers on an impasse item regarding base wages, the board 32 shall provide information to the parties regarding the change 33 in the consumer price index for all urban consumers for the 34 midwest region for any twelve-month period. The department of 35 -7- HF772.1807 (1) 89 cm/jh 7/ 37

workforce development shall assist the board in preparing such 1 information upon request. 2 Sec. 13. Section 20.22, subsection 8, Code 2021, is amended 3 by striking the subsection. 4 Sec. 14. Section 20.26, subsection 4, Code 2021, is amended 5 to read as follows: 6 4. Nothing in this section shall be construed to prohibit 7 voluntary contributions by individuals to political parties 8 or candidates , provided that such contributions are not made 9 through payroll deductions . 10 Sec. 15. Section 20.29, Code 2021, is amended to read as 11 follows: 12 20.29 Filing agreement —— public access —— internet site . 13 1. Collective bargaining agreements shall be in writing and 14 shall be signed by the parties. 15 2. A copy of a collective bargaining agreement entered into 16 between a public employer and a certified employee organization 17 and made final under this chapter shall be filed with the board 18 by the public employer within ten days of the date on which the 19 agreement is entered into. 20 3. Copies of collective bargaining agreements entered 21 into between the state and the state employees’ bargaining 22 representatives and made final under this chapter shall be 23 filed with the secretary of state and be made available to the 24 public at cost. 25 4. The board shall maintain an internet site that allows 26 searchable access to a database of collective bargaining 27 agreements and other collective bargaining information. 28 Sec. 16. Section 20.30, Code 2021, is amended by striking 29 the section and inserting in lieu thereof the following: 30 20.30 Supervisory member —— no reduction before retirement. 31 1. A supervisory member of any department or agency 32 employed by the state of Iowa shall not be granted a voluntary 33 reduction to a nonsupervisory rank or grade during the six 34 months preceding retirement of the member. A member of any 35 -8- HF772.1807 (1) 89 cm/jh 8/ 37

department or agency employed by the state of Iowa who retires 1 in less than six months after voluntarily requesting and 2 receiving a reduction in rank or grade from a supervisory to a 3 nonsupervisory position shall be ineligible for a benefit to 4 which the member is entitled as a nonsupervisory member but is 5 not entitled as a supervisory member. 6 2. The provisions of this section shall be effective during 7 the collective bargaining agreement in effect from July 1, 8 1979, to June 30, 1981. 9 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph 10 1, Code 2021, is amended to read as follows: 11 A mediator shall not be required to testify in any judicial, 12 administrative, arbitration, or grievance proceeding regarding 13 any matters occurring in the course of a mediation, including 14 any verbal or written communication or behavior, other than 15 facts relating exclusively to the timing or scheduling of 16 mediation. A mediator shall not be required to produce or 17 disclose any documents, including notes, memoranda, or other 18 work product, relating to mediation, other than documents 19 relating exclusively to the timing or scheduling of mediation. 20 This subsection shall not apply in any of the following 21 circumstances: 22 Sec. 18. Section 22.7, subsection 69, Code 2021, is amended 23 to read as follows: 24 69. The evidence of public employee support for 25 the certification , retention and recertification, or 26 decertification of an employee organization as defined in 27 section 20.3 that is submitted to the public employment 28 relations board as provided in section 20.14 or 20.15 . 29 Sec. 19. Section 22.7, subsection 70, Code 2021, is amended 30 by striking the subsection. 31 Sec. 20. Section 70A.17A, Code 2021, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 3. This section shall not affect a payroll 34 deduction elected by a state employee pursuant to section 35 -9- HF772.1807 (1) 89 cm/jh 9/ 37

70A.19. 1 Sec. 21. Section 70A.19, Code 2021, is amended by striking 2 the section and inserting in lieu thereof the following: 3 70A.19 Duration of state payroll deduction for dues of 4 employee organization member. 5 A state employee who elects a payroll deduction for 6 membership dues to an employee organization pursuant to the 7 provisions of a collective bargaining agreement negotiated 8 under the provisions of chapter 20 shall maintain the deduction 9 for a period of one year or until the expiration of the 10 collective bargaining agreement, whichever occurs first. A 11 state employee who transfers employment to a position covered 12 by a different collective bargaining agreement or who becomes 13 a management employee is not subject to this requirement. 14 With respect to state employees, this section supersedes the 15 provisions of section 20.9 allowing termination of a dues 16 checkoff at any time but does not supersede the requirement for 17 thirty days’ written notice of termination. 18 Sec. 22. Section 412.2, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. From the proceeds of the assessments on the wages 21 and salaries of employees, of any such waterworks system, 22 or other municipally owned and operated public utility, 23 eligible to receive the benefits thereof. Notwithstanding 24 any provisions of section 20.9 to the contrary, a council, 25 board of waterworks, or other board or commission which 26 establishes a pension and annuity retirement system pursuant to 27 this chapter, shall negotiate in good faith with a certified 28 employee organization as defined in section 20.3, which is the 29 collective bargaining representative of the employees, with 30 respect to the amount or rate of the assessment on the wages 31 and salaries of employees and the method or methods for payment 32 of the assessment by the employees. 33 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code 34 2021, is amended to read as follows: 35 -10- HF772.1807 (1) 89 cm/jh 10/ 37

b. For purposes of chapter 20 , the certified representative, 1 which on July 1, 1983, represents employees who become judicial 2 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 3 remain the certified representative when the employees become 4 judicial branch employees and thereafter, unless the public 5 employee organization is not retained and recertified or is 6 decertified in an election held under section 20.15 or amended 7 or absorbed into another certified organization pursuant to 8 chapter 20 . Collective bargaining negotiations shall be 9 conducted on a statewide basis and the certified employee 10 organizations which engage in bargaining shall negotiate on a 11 statewide basis, although bargaining units shall be organized 12 by judicial district. The public employment relations board 13 shall adopt rules pursuant to chapter 17A to implement this 14 subsection . 15 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2021, are 16 repealed. 17 Sec. 25. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 18 RULES. 19 1. As of the effective date of this division of this Act, 20 parties, mediators, and arbitrators engaging in any collective 21 bargaining procedures provided for in chapter 20, Code 2021, 22 who have not, before the effective date of this division 23 of this Act, completed such procedures, shall immediately 24 terminate any such procedures in process. A collective 25 bargaining agreement negotiated pursuant to such procedures in 26 process shall not become effective. Parties, mediators, and 27 arbitrators shall not engage in further collective bargaining 28 procedures except as provided in this section. Such parties 29 shall commence collective bargaining in accordance with section 30 20.17, as amended in this division of this Act. Such parties 31 shall complete such bargaining not later than June 30, 2021, 32 unless the parties mutually agree to a different deadline. 33 2. The public employment relations board shall adopt 34 emergency rules under section 17A.4, subsection 3, and section 35 -11- HF772.1807 (1) 89 cm/jh 11/ 37

17A.5, subsection 2, paragraph “b”, to provide for procedures 1 as deemed necessary to implement the provisions of this section 2 and the rules shall be effective immediately upon filing 3 unless a later date is specified in the rules. Such rules 4 shall include but are not limited to alternative deadlines for 5 completion of the procedures provided in sections 20.17 and 6 20.22, as amended by this division of this Act, and sections 7 20.19 and 20.20, which deadlines may be waived by mutual 8 agreement of the parties. 9 3. The department of administrative services shall adopt 10 emergency rules under section 17A.4, subsection 3, and 11 section 17A.5, subsection 2, paragraph “b”, to provide for the 12 implementation of section 70A.19, as amended by this division 13 of this Act, and the rules shall be effective immediately upon 14 filing unless a later date is specified in the rules. 15 Sec. 26. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 16 RELATIONS BOARD. 17 1. The public employment relations board shall cancel any 18 elections scheduled or in process pursuant to section 20.15, 19 subsection 2, Code 2021, as of the effective date of this Act. 20 2. Notwithstanding section 20.15, subsection 1, paragraph 21 “c”, Code 2021, the public employment relations board 22 shall consider a petition for certification of an employee 23 organization as the exclusive representative of a bargaining 24 unit for which an employee organization was not retained and 25 recertified as the exclusive representative of that bargaining 26 unit regardless of the amount of time that has elapsed since 27 the retention and recertification election at which an employee 28 organization was not retained or recertified. 29 Sec. 27. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 Sec. 28. APPLICABILITY. With the exception of the 32 section of this division of this Act amending section 20.6, 33 subsection 1, this division of this Act does not apply to 34 collective bargaining agreements which have been ratified in a 35 -12- HF772.1807 (1) 89 cm/jh 12/ 37

ratification election referred to in section 20.17, subsection 1 4, for which an arbitrator has made a final determination as 2 described in section 20.22, subsection 11, or which have become 3 effective, where such events occurred before the effective 4 date of this division of this Act. This division of this Act 5 applies to all collective bargaining procedures provided for in 6 chapter 20 occurring on and after the effective date of this 7 division of this Act and collective bargaining agreements for 8 which a ratification election referred to in section 20.17, 9 subsection 4, is held, for which an arbitrator makes a final 10 determination as described in section 20.22, subsection 11, or 11 which become effective on or after the effective date of this 12 division of this Act. 13 DIVISION II 14 EDUCATOR EMPLOYMENT MATTERS 15 Sec. 29. Section 279.13, subsections 2 and 5, Code 2021, are 16 amended to read as follows: 17 2. The contract shall remain in force and effect for the 18 period stated in the contract and shall be automatically 19 continued for equivalent periods except as modified or 20 terminated by mutual agreement of the board of directors and 21 the teacher or as modified or terminated in accordance with 22 the provisions specified in this chapter . A contract shall 23 not be offered by the employing board to a teacher under its 24 jurisdiction prior to March 15 of any year. A teacher who has 25 not accepted a contract for the ensuing school year tendered 26 by the employing board may resign effective at the end of the 27 current school year by filing a written resignation with the 28 secretary of the board. The resignation must be filed not 29 later than the last day of the current school year or the date 30 specified by the employing board for return of the contract, 31 whichever date occurs first. However, a teacher shall not be 32 required to return a contract to the board or to resign less 33 than twenty-one days after the contract has been offered. 34 5. Notwithstanding the other provisions of this section , a 35 -13- HF772.1807 (1) 89 cm/jh 13/ 37

temporary contract may be issued to a teacher for a period of 1 up to six months. Notwithstanding the other provisions of this 2 section , a temporary contract may also be issued to a teacher 3 to fill a vacancy created by a leave of absence in accordance 4 with the provisions of section 29A.28 , which contract shall 5 automatically terminate upon return from military leave of the 6 former incumbent of the teaching position . Temporary contracts 7 and which contract shall not be subject to the provisions of 8 sections 279.15 through 279.19 , or section 279.27 . A separate 9 extracurricular contract issued pursuant to section 279.19A to 10 a person issued a temporary contract under this section shall 11 automatically terminate with the termination of the temporary 12 contract as required under section 279.19A, subsection 8 . 13 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph 14 1, Code 2021, is amended to read as follows: 15 For purposes of this section , sections 279.14 , 279.15 , 16 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 17 otherwise requires, “teacher” includes the following individuals 18 employed by a community college: 19 Sec. 31. Section 279.14, Code 2021, is amended to read as 20 follows: 21 279.14 Evaluation criteria and procedures. 22 1. The board shall establish evaluation criteria and shall 23 implement evaluation procedures. If an exclusive bargaining 24 representative has been certified, the board shall negotiate 25 in good faith with respect to evaluation procedures pursuant 26 to chapter 20. 27 2. The determination of standards of performance expected 28 of school district personnel shall be reserved as an exclusive 29 management right of the school board and shall not be subject 30 to mandatory negotiations under chapter 20 . Objections 31 Notwithstanding chapter 20, objections to the procedures, 32 use, or content of an evaluation in a teacher termination 33 proceeding brought before the school board in a hearing held in 34 accordance with section 279.16 or 279.27 shall not be subject 35 -14- HF772.1807 (1) 89 cm/jh 14/ 37

to any the grievance procedures negotiated in accordance with 1 chapter 20 . A school district shall not be obligated to 2 process any evaluation grievance after service of a notice and 3 recommendation to terminate an individual’s continuing teaching 4 contract in accordance with this chapter. 5 Sec. 32. Section 279.15, subsection 2, paragraph c, Code 6 2021, is amended to read as follows: 7 c. Within five days of the receipt of the written notice 8 that the superintendent is recommending termination of the 9 contract, the teacher may request, in writing to the secretary 10 of the board, a private hearing with the board. The private 11 hearing shall not be subject to chapter 21 and shall be held 12 no sooner than twenty ten days and no later than forty twenty 13 days following the receipt of the request unless the parties 14 otherwise agree. The secretary of the board shall notify the 15 teacher in writing of the date, time, and location of the 16 private hearing, and at least ten five days before the hearing 17 shall also furnish to the teacher any documentation which 18 may be presented to the board at the private hearing and a 19 list of persons who may address the board in support of the 20 superintendent’s recommendation at the private hearing. At 21 least seven three days before the hearing, the teacher shall 22 provide any documentation the teacher expects to present at 23 the private hearing, along with the names of any persons who 24 may address the board on behalf of the teacher. This exchange 25 of information shall be at the time specified unless otherwise 26 agreed. 27 Sec. 33. Section 279.16, Code 2021, is amended by striking 28 the section and inserting in lieu thereof the following: 29 279.16 Private hearing —— decision —— record. 30 1. The participants at the private hearing shall be 31 at least a majority of the members of the board, their 32 legal representatives, if any, the superintendent, the 33 superintendent’s designated representatives, if any, the 34 teacher’s immediate supervisor, the teacher, the teacher’s 35 -15- HF772.1807 (1) 89 cm/jh 15/ 37

representatives, if any, and the witnesses for the parties. 1 The evidence at the private hearing shall be limited to the 2 specific reasons stated in the superintendent’s notice of 3 recommendation of termination. No participant in the hearing 4 shall be liable for any damages to any person if any statement 5 at the hearing is determined to be erroneous as long as the 6 statement was made in good faith. The superintendent shall 7 present evidence and argument on all issues involved and 8 the teacher may cross-examine, respond and present evidence 9 and argument in the teacher’s behalf relevant to all issues 10 involved. Evidence may be by stipulation of the parties and 11 informal settlement may be made by stipulation, consent, or 12 default or by any other method agreed upon by the parties in 13 writing. The board shall employ a certified shorthand reporter 14 to keep a record of the private hearing. The proceedings 15 or any part thereof shall be transcribed at the request of 16 either party with the expense of transcription charged to the 17 requesting party. 18 2. The presiding officer of the board may administer oaths 19 in the same manner and with like effect and under the same 20 penalties as in the case of magistrates exercising criminal 21 or civil jurisdiction. The board shall cause subpoenas to be 22 issued for such witnesses and the production of such books 23 and papers as either the board or the teacher may designate. 24 The subpoenas shall be signed by the presiding officer of the 25 board. 26 3. In case a witness is duly subpoenaed and refuses to 27 attend, or in case a witness appears and refuses to testify 28 or to produce required books or papers, the board shall, 29 in writing, report such refusal to the district court of 30 the county in which the administrative office of the school 31 district is located, and the court shall proceed with the 32 person or witness as though the refusal had occurred in a 33 proceeding legally pending before the court. 34 4. The board shall not be bound by common law or statutory 35 -16- HF772.1807 (1) 89 cm/jh 16/ 37

rules of evidence or by technical or formal rules of procedure, 1 but it shall hold the hearing in such manner as is best suited 2 to ascertain and conserve the substantial rights of the 3 parties. Process and procedure under sections 279.13 through 4 279.19 shall be as summary as reasonably may be. 5 5. At the conclusion of the private hearing, the 6 superintendent and the teacher may file written briefs and 7 arguments with the board within three days or such other time 8 as may be agreed upon. 9 6. If the teacher fails to timely request a private hearing 10 or does not appear at the private hearing, the board may 11 proceed and make a determination upon the superintendent’s 12 recommendation. If the teacher fails to timely file a request 13 for a private hearing, the determination shall be not later 14 than May 31. If the teacher fails to appear at the private 15 hearing, the determination shall be not later than five days 16 after the scheduled date for the private hearing. The board 17 shall convene in open session and by roll call vote determine 18 the termination or continuance of the teacher’s contract 19 and, if the board votes to continue the teacher’s contract, 20 whether to suspend the teacher with or without pay for a period 21 specified by the board. 22 7. Within five days after the private hearing, the board 23 shall, in executive session, meet to make a final decision 24 upon the recommendation and the evidence as herein provided. 25 The board shall also consider any written brief and arguments 26 submitted by the superintendent and the teacher. 27 8. The record for a private hearing shall include: 28 a. All pleadings, motions and intermediate rulings. 29 b. All evidence received or considered and all other 30 submissions. 31 c. A statement of all matters officially noticed. 32 d. All questions and offers of proof, objections and rulings 33 thereon. 34 e. All findings and exceptions. 35 -17- HF772.1807 (1) 89 cm/jh 17/ 37

f. Any decision, opinion, or conclusion by the board. 1 g. Findings of fact shall be based solely on the evidence in 2 the record and on matters officially noticed in the record. 3 9. The decision of the board shall be in writing and shall 4 include findings of fact and conclusions of law, separately 5 stated. Findings of fact, if set forth in statutory language, 6 shall be accompanied by a concise and explicit statement of 7 the underlying facts supporting the findings. Each conclusion 8 of law shall be supported by cited authority or by reasoned 9 opinion. 10 10. When the board has reached a decision, opinion, or 11 conclusion, it shall convene in open meeting and by roll 12 call vote determine the continuance or discontinuance of the 13 teacher’s contract and, if the board votes to continue the 14 teacher’s contract, whether to suspend the teacher with or 15 without pay for a period specified by the board. The record 16 of the private conference and findings of fact and exceptions 17 shall be exempt from the provisions of chapter 22 . The 18 secretary of the board shall immediately mail notice of the 19 board’s action to the teacher. 20 Sec. 34. NEW SECTION . 279.17 Appeal by teacher to 21 adjudicator. 22 1. If the teacher is no longer a probationary teacher, the 23 teacher may, within ten days, appeal the determination of the 24 board to an adjudicator by filing a notice of appeal with the 25 secretary of the board. The notice of appeal shall contain a 26 concise statement of the action which is the subject of the 27 appeal, the particular board action appealed from, the grounds 28 on which relief is sought and the relief sought. 29 2. Within five days following receipt by the secretary 30 of the notice of appeal, the board or the board’s legal 31 representative, if any, and the teacher or the teacher’s 32 representative, if any, may select an adjudicator who resides 33 within the boundaries of the merged area in which the school 34 district is located. If an adjudicator cannot be mutually 35 -18- HF772.1807 (1) 89 cm/jh 18/ 37

agreed upon within the five-day period, the secretary shall 1 notify the chairperson of the public employment relations board 2 by transmitting the notice of appeal, and the chairperson of 3 the public employment relations board shall within five days 4 provide a list of five adjudicators to the parties. Within 5 three days from receipt of the list of adjudicators, the 6 parties shall select an adjudicator by alternately removing a 7 name from the list until only one name remains. The person 8 whose name remains shall be the adjudicator. The parties shall 9 determine by lot which party shall remove the first name from 10 the list submitted by the chairperson of the public employment 11 relations board. The secretary of the board shall inform the 12 chairperson of the public employment relations board of the 13 name of the adjudicator selected. 14 3. If the teacher does not timely request an appeal to an 15 adjudicator, the decision, opinion, or conclusion of the board 16 shall become final and binding. 17 4. a. Within thirty days after filing the notice of appeal, 18 or within further time allowed by the adjudicator, the board 19 shall transmit to the adjudicator the original or a certified 20 copy of the entire record of the private hearing which may be 21 the subject of the petition. By stipulation of the parties 22 to review the proceedings, the record of the case may be 23 shortened. The adjudicator may require or permit subsequent 24 corrections or additions to the shortened record. 25 b. The record certified and filed by the board shall be the 26 record upon which the appeal shall be heard and no additional 27 evidence shall be heard by the adjudicator. In such appeal to 28 the adjudicator, especially when considering the credibility 29 of witnesses, the adjudicator shall give weight to the fact 30 findings of the board but shall not be bound by them. 31 5. Before the date set for hearing a petition for review 32 of board action, which shall be within ten days after 33 receipt of the record unless otherwise agreed or unless the 34 adjudicator orders additional evidence be taken before the 35 -19- HF772.1807 (1) 89 cm/jh 19/ 37