House File 867 H-1406 Amend House File 867 as follows: 1 1. Page 18, after line 22 by inserting: 2 < DIVISION ___ 3 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 4 Sec. ___. Section 20.3, subsections 11 and 13, Code 2021, 5 are amended by striking the subsections. 6 Sec. ___. Section 20.6, subsection 1, Code 2021, is amended 7 to read as follows: 8 1. Administer Interpret, apply, and administer the 9 provisions of this chapter . 10 Sec. ___. Section 20.6, subsections 6 and 7, Code 2021, are 11 amended by striking the subsections. 12 Sec. ___. Section 20.7, subsection 2, Code 2021, is amended 13 to read as follows: 14 2. Hire, evaluate, promote, demote, transfer, assign, and 15 retain public employees in positions within the public agency. 16 Sec. ___. Section 20.8, subsection 5, Code 2021, is amended 17 by striking the subsection. 18 Sec. ___. Section 20.9, Code 2021, is amended by striking 19 the section and inserting in lieu thereof the following: 20 20.9 Scope of negotiations. 21 1. The public employer and the employee organization 22 shall meet at reasonable times, including meetings reasonably 23 in advance of the public employer’s budget-making process, 24 to negotiate in good faith with respect to wages, hours, 25 vacations, insurance, holidays, leaves of absence, shift 26 differentials, overtime compensation, supplemental pay, 27 seniority, transfer procedures, job classifications, health and 28 safety matters, evaluation procedures, procedures for staff 29 reduction, in-service training, and other matters mutually 30 agreed upon. Negotiations shall also include terms authorizing 31 dues checkoff for members of the employee organization and 32 grievance procedures for resolving any questions arising under 33 the agreement, which shall be embodied in a written agreement 34 and signed by the parties. If an agreement provides for dues 35 -1- HF 867.2064 (1) 89 jda/tm 1/ 37 #1.
checkoff, a member’s dues may be checked off only upon the 1 member’s written request and the member may terminate the dues 2 checkoff at any time by giving thirty days’ written notice. 3 Such obligation to negotiate in good faith does not compel 4 either party to agree to a proposal or make a concession. 5 2. Nothing in this section shall diminish the authority 6 and power of the department of administrative services, board 7 of regents’ merit system, Iowa public broadcasting board’s 8 merit system, or any civil service commission established by 9 constitutional provision, statute, charter, or special act to 10 recruit employees, prepare, conduct and grade examinations, 11 rate candidates in order of their relative scores for 12 certification for appointment or promotion or for other matters 13 of classification, reclassification or appeal rights in the 14 classified service of the public employer served. 15 3. All retirement systems shall be excluded from the scope 16 of negotiations. 17 Sec. ___. Section 20.10, subsection 3, paragraph j, Code 18 2021, is amended by striking the paragraph. 19 Sec. ___. Section 20.12, subsection 5, Code 2021, is amended 20 to read as follows: 21 5. If an employee organization or any of its officers 22 is held to be in contempt of court for failure to comply 23 with an injunction pursuant to this section , or is convicted 24 of violating this section , the employee organization shall 25 be immediately decertified, shall cease to represent the 26 bargaining unit, shall cease to receive any dues by checkoff, 27 and may again be certified only after twenty-four twelve months 28 have elapsed from the effective date of decertification and 29 only if after a new petition for certification pursuant to 30 compliance with section 20.14 is filed and a new certification 31 election pursuant to section 20.15 is held . The penalties 32 provided in this section may be suspended or modified by the 33 court, but only upon request of the public employer and only 34 if the court determines the suspension or modification is in 35 -2- HF 867.2064 (1) 89 jda/tm 2/ 37
the public interest. 1 Sec. ___. Section 20.15, Code 2021, is amended by striking 2 the section and inserting in lieu thereof the following: 3 20.15 Elections. 4 1. Upon the filing of a petition for certification of an 5 employee organization, the board shall submit a question to 6 the public employees at an election in the bargaining unit 7 found appropriate by the board. The question on the ballot 8 shall permit the public employees to vote for no bargaining 9 representation or for any employee organization which has 10 petitioned for certification or which has presented proof 11 satisfactory to the board of support of ten percent or more of 12 the public employees in the appropriate unit. 13 2. If a majority of the votes cast on the question is 14 for no bargaining representation, the public employees in 15 the bargaining unit found appropriate by the board shall not 16 be represented by an employee organization. If a majority 17 of the votes cast on the question is for a listed employee 18 organization, then that employee organization shall represent 19 the public employees in the bargaining unit found appropriate 20 by the board. 21 3. If none of the choices on the ballot receive the vote 22 of a majority of the public employees voting, the board shall 23 conduct a runoff election among the two choices receiving the 24 greatest number of votes. 25 4. Upon written objections filed by any party to the 26 election within ten days after notice of the results of 27 the election, if the board finds that misconduct or other 28 circumstances prevented the public employees eligible to 29 vote from freely expressing their preferences, the board may 30 invalidate the election and hold a second election for the 31 public employees. 32 5. Upon completion of a valid election in which the majority 33 choice of the employees voting is determined, the board shall 34 certify the results of the election and shall give reasonable 35 -3- HF 867.2064 (1) 89 jda/tm 3/ 37
notice of the order to all employee organizations listed on the 1 ballot, the public employers, and the public employees in the 2 appropriate bargaining unit. 3 6. a. A petition for certification as exclusive bargaining 4 representative of a bargaining unit shall not be considered 5 by the board for a period of one year from the date of the 6 noncertification of an employee organization as the exclusive 7 bargaining representative of that bargaining unit following a 8 certification election. A petition for certification as the 9 exclusive bargaining representative of a bargaining unit shall 10 also not be considered by the board if the bargaining unit is 11 at that time represented by a certified exclusive bargaining 12 representative. 13 b. A petition for the decertification of the exclusive 14 bargaining representative of a bargaining unit shall not be 15 considered by the board for a period of one year from the date 16 of its certification, or within one year of its continued 17 certification following a decertification election, or during 18 the duration of a collective bargaining agreement which, for 19 purposes of this section, shall be deemed not to exceed two 20 years. However, if a petition for decertification is filed 21 during the duration of a collective bargaining agreement, the 22 board shall award an election under this section not more than 23 one hundred eighty days and not less than one hundred fifty 24 days prior to the expiration of the collective bargaining 25 agreement. If an employee organization is decertified, the 26 board may receive petitions under section 20.14, provided that 27 no such petition and no election conducted pursuant to such 28 petition within one year from decertification shall include as 29 a party the decertified employee organization. 30 c. A collective bargaining agreement with the state, its 31 boards, commissions, departments, and agencies shall be for two 32 years. The provisions of a collective bargaining agreement or 33 arbitrator’s award affecting state employees shall not provide 34 for renegotiations which would require the refinancing of 35 -4- HF 867.2064 (1) 89 jda/tm 4/ 37
salary and fringe benefits for the second year of the term of 1 the agreement, except as provided in section 20.17, subsection 2 6. The effective date of any such agreement shall be July 1 of 3 odd-numbered years, provided that if an exclusive bargaining 4 representative is certified on a date which will prevent the 5 negotiation of a collective bargaining agreement prior to 6 July 1 of odd-numbered years for a period of two years, the 7 certified collective bargaining representative may negotiate 8 a one-year contract with the public employer which shall be 9 effective from July 1 of the even-numbered year to July 1 10 of the succeeding odd-numbered year when new contracts shall 11 become effective. 12 Sec. ___. Section 20.17, subsection 8, Code 2021, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 8. The salaries of all public employees of the state under 16 a merit system and all other fringe benefits which are granted 17 to all public employees of the state shall be negotiated with 18 the governor or the governor’s designee on a statewide basis, 19 except those benefits which are not subject to negotiations 20 pursuant to the provisions of section 20.9. 21 Sec. ___. Section 20.17, Code 2021, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 8A. A public employee or any employee 24 organization shall not negotiate or attempt to negotiate 25 directly with a member of the governing board of a public 26 employer if the public employer has appointed or authorized 27 a bargaining representative for the purpose of bargaining 28 with the public employees or their representative, unless the 29 member of the governing board is the designated bargaining 30 representative of the public employer. 31 Sec. ___. Section 20.22, subsections 2, 3, 7, 9, and 10, 32 Code 2021, are amended to read as follows: 33 2. Each party shall serve its final offer on each of 34 the impasse items upon the other party within four days of 35 -5- HF 867.2064 (1) 89 jda/tm 5/ 37
the board’s receipt of the request for arbitration , or by a 1 deadline otherwise agreed upon by the parties . The parties may 2 continue to negotiate all offers until an agreement is reached 3 or an award is rendered by the arbitrator. The full costs of 4 arbitration under this section shall be shared equally by the 5 parties to the dispute. 6 3. The submission of the impasse items to the arbitrator 7 shall be limited to those items upon which the parties have 8 not reached agreement. With respect to each such item, the 9 arbitrator’s award shall be restricted to the final offers on 10 each impasse item submitted by the parties to the arbitrator , 11 except as provided in subsection 10 , paragraph “b” . 12 7. For an arbitration involving a bargaining unit that 13 has at least thirty percent of members who are public safety 14 employees, the The arbitrator shall consider and specifically 15 address in the arbitrator’s determination , in addition to any 16 other relevant factors, the following factors: 17 a. Past collective bargaining contracts between the parties 18 including the bargaining that led up to such contracts. 19 b. Comparison of wages, hours, and conditions of employment 20 of the involved public employees with those of other public 21 employees doing comparable work, giving consideration to 22 factors peculiar to the area and the classifications involved. 23 c. The interests and welfare of the public, the ability of 24 the public employer to finance economic adjustments, and the 25 effect of such adjustments on the normal standard of services. 26 d. The power of the public employer to levy taxes and 27 appropriate funds for the conduct of its operations. 28 9. a. The arbitrator may administer oaths, examine 29 witnesses and documents, take testimony and receive evidence, 30 and issue subpoenas to compel the attendance of witnesses and 31 the production of records. The arbitrator may petition the 32 district court at the seat of government or of the county 33 in which the hearing is held to enforce the order of the 34 arbitrator compelling the attendance of witnesses and the 35 -6- HF 867.2064 (1) 89 jda/tm 6/ 37
production of records. 1 b. Except as required for purposes of the consideration of 2 the factors specified in subsection 7 , paragraphs “a” through 3 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 4 (3), the parties shall not introduce, and the arbitrator 5 shall not accept or consider, any direct or indirect evidence 6 regarding any subject excluded from negotiations pursuant to 7 section 20.9 . 8 10. a. The arbitrator shall select within fifteen 9 days after the hearing the most reasonable offer, in the 10 arbitrator’s judgment, of the final offers on each impasse item 11 submitted by the parties. 12 b. (1) However, for an arbitration involving a bargaining 13 unit that does not have at least thirty percent of members who 14 are public safety employees, with respect to any increase in 15 base wages, the arbitrator’s award shall not exceed the lesser 16 of the following percentages in any one-year period in the 17 duration of the bargaining agreement: 18 (a) Three percent. 19 (b) A percentage equal to the increase in the consumer 20 price index for all urban consumers for the midwest region, 21 if any, as determined by the United States department of 22 labor, bureau of labor statistics, or a successor index. Such 23 percentage shall be the change in the consumer price index 24 for the twelve-month period beginning eighteen months prior 25 to the month in which the impasse item regarding base wages 26 was submitted to the arbitrator and ending six months prior to 27 the month in which the impasse item regarding base wages was 28 submitted to the arbitrator. 29 (2) To assist the parties in the preparation of their final 30 offers on an impasse item regarding base wages, the board 31 shall provide information to the parties regarding the change 32 in the consumer price index for all urban consumers for the 33 midwest region for any twelve-month period. The department of 34 workforce development shall assist the board in preparing such 35 -7- HF 867.2064 (1) 89 jda/tm 7/ 37
information upon request. 1 Sec. ___. Section 20.22, subsection 8, Code 2021, is amended 2 by striking the subsection. 3 Sec. ___. Section 20.26, subsection 4, Code 2021, is amended 4 to read as follows: 5 4. Nothing in this section shall be construed to prohibit 6 voluntary contributions by individuals to political parties 7 or candidates , provided that such contributions are not made 8 through payroll deductions . 9 Sec. ___. Section 20.29, Code 2021, is amended to read as 10 follows: 11 20.29 Filing agreement —— public access —— internet site . 12 1. Collective bargaining agreements shall be in writing and 13 shall be signed by the parties. 14 2. A copy of a collective bargaining agreement entered into 15 between a public employer and a certified employee organization 16 and made final under this chapter shall be filed with the board 17 by the public employer within ten days of the date on which the 18 agreement is entered into. 19 3. Copies of collective bargaining agreements entered 20 into between the state and the state employees’ bargaining 21 representatives and made final under this chapter shall be 22 filed with the secretary of state and be made available to the 23 public at cost. 24 4. The board shall maintain an internet site that allows 25 searchable access to a database of collective bargaining 26 agreements and other collective bargaining information. 27 Sec. ___. Section 20.30, Code 2021, is amended by striking 28 the section and inserting in lieu thereof the following: 29 20.30 Supervisory member —— no reduction before retirement. 30 1. A supervisory member of any department or agency 31 employed by the state of Iowa shall not be granted a voluntary 32 reduction to a nonsupervisory rank or grade during the six 33 months preceding retirement of the member. A member of any 34 department or agency employed by the state of Iowa who retires 35 -8- HF 867.2064 (1) 89 jda/tm 8/ 37
in less than six months after voluntarily requesting and 1 receiving a reduction in rank or grade from a supervisory to a 2 nonsupervisory position shall be ineligible for a benefit to 3 which the member is entitled as a nonsupervisory member but is 4 not entitled as a supervisory member. 5 2. The provisions of this section shall be effective during 6 the collective bargaining agreement in effect from July 1, 7 1979, to June 30, 1981. 8 Sec. ___. Section 20.31, subsection 2, unnumbered paragraph 9 1, Code 2021, is amended to read as follows: 10 A mediator shall not be required to testify in any judicial, 11 administrative, arbitration, or grievance proceeding regarding 12 any matters occurring in the course of a mediation, including 13 any verbal or written communication or behavior, other than 14 facts relating exclusively to the timing or scheduling of 15 mediation. A mediator shall not be required to produce or 16 disclose any documents, including notes, memoranda, or other 17 work product, relating to mediation, other than documents 18 relating exclusively to the timing or scheduling of mediation. 19 This subsection shall not apply in any of the following 20 circumstances: 21 Sec. ___. Section 22.7, subsection 69, Code 2021, is amended 22 to read as follows: 23 69. The evidence of public employee support for 24 the certification , retention and recertification, or 25 decertification of an employee organization as defined in 26 section 20.3 that is submitted to the public employment 27 relations board as provided in section 20.14 or 20.15 . 28 Sec. ___. Section 22.7, subsection 70, Code 2021, is amended 29 by striking the subsection. 30 Sec. ___. Section 70A.17A, Code 2021, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 3. This section shall not affect a payroll 33 deduction elected by a state employee pursuant to section 34 70A.19. 35 -9- HF 867.2064 (1) 89 jda/tm 9/ 37
Sec. ___. Section 70A.19, Code 2021, is amended by striking 1 the section and inserting in lieu thereof the following: 2 70A.19 Duration of state payroll deduction for dues of 3 employee organization member. 4 A state employee who elects a payroll deduction for 5 membership dues to an employee organization pursuant to the 6 provisions of a collective bargaining agreement negotiated 7 under the provisions of chapter 20 shall maintain the deduction 8 for a period of one year or until the expiration of the 9 collective bargaining agreement, whichever occurs first. A 10 state employee who transfers employment to a position covered 11 by a different collective bargaining agreement or who becomes 12 a management employee is not subject to this requirement. 13 With respect to state employees, this section supersedes the 14 provisions of section 20.9 allowing termination of a dues 15 checkoff at any time but does not supersede the requirement for 16 thirty days’ written notice of termination. 17 Sec. ___. Section 412.2, subsection 1, Code 2021, is amended 18 to read as follows: 19 1. From the proceeds of the assessments on the wages 20 and salaries of employees, of any such waterworks system, 21 or other municipally owned and operated public utility, 22 eligible to receive the benefits thereof. Notwithstanding 23 any provisions of section 20.9 to the contrary, a council, 24 board of waterworks, or other board or commission which 25 establishes a pension and annuity retirement system pursuant to 26 this chapter, shall negotiate in good faith with a certified 27 employee organization as defined in section 20.3, which is the 28 collective bargaining representative of the employees, with 29 respect to the amount or rate of the assessment on the wages 30 and salaries of employees and the method or methods for payment 31 of the assessment by the employees. 32 Sec. ___. Section 602.1401, subsection 3, paragraph b, Code 33 2021, is amended to read as follows: 34 b. For purposes of chapter 20 , the certified representative, 35 -10- HF 867.2064 (1) 89 jda/tm 10/ 37
which on July 1, 1983, represents employees who become judicial 1 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 2 remain the certified representative when the employees become 3 judicial branch employees and thereafter, unless the public 4 employee organization is not retained and recertified or is 5 decertified in an election held under section 20.15 or amended 6 or absorbed into another certified organization pursuant to 7 chapter 20 . Collective bargaining negotiations shall be 8 conducted on a statewide basis and the certified employee 9 organizations which engage in bargaining shall negotiate on a 10 statewide basis, although bargaining units shall be organized 11 by judicial district. The public employment relations board 12 shall adopt rules pursuant to chapter 17A to implement this 13 subsection . 14 Sec. ___. REPEAL. Sections 20.32 and 20.33, Code 2021, are 15 repealed. 16 Sec. ___. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 17 RULES. 18 1. As of the effective date of this division of this Act, 19 parties, mediators, and arbitrators engaging in any collective 20 bargaining procedures provided for in chapter 20, Code 2021, 21 who have not, before the effective date of this division 22 of this Act, completed such procedures, shall immediately 23 terminate any such procedures in process. A collective 24 bargaining agreement negotiated pursuant to such procedures in 25 process shall not become effective. Parties, mediators, and 26 arbitrators shall not engage in further collective bargaining 27 procedures except as provided in this section. Such parties 28 shall commence collective bargaining in accordance with section 29 20.17, as amended in this division of this Act. Such parties 30 shall complete such bargaining not later than June 30, 2021, 31 unless the parties mutually agree to a different deadline. 32 2. The public employment relations board shall adopt 33 emergency rules under section 17A.4, subsection 3, and section 34 17A.5, subsection 2, paragraph “b”, to provide for procedures 35 -11- HF 867.2064 (1) 89 jda/tm 11/ 37
as deemed necessary to implement the provisions of this section 1 and the rules shall be effective immediately upon filing 2 unless a later date is specified in the rules. Such rules 3 shall include but are not limited to alternative deadlines for 4 completion of the procedures provided in sections 20.17 and 5 20.22, as amended by this division of this Act, and sections 6 20.19 and 20.20, which deadlines may be waived by mutual 7 agreement of the parties. 8 3. The department of administrative services shall adopt 9 emergency rules under section 17A.4, subsection 3, and 10 section 17A.5, subsection 2, paragraph “b”, to provide for the 11 implementation of section 70A.19, as amended by this division 12 of this Act, and the rules shall be effective immediately upon 13 filing unless a later date is specified in the rules. 14 Sec. ___. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 15 RELATIONS BOARD. 16 1. The public employment relations board shall cancel any 17 elections scheduled or in process pursuant to section 20.15, 18 subsection 2, Code 2021, as of the effective date of this Act. 19 2. Notwithstanding section 20.15, subsection 1, paragraph 20 “c”, Code 2021, the public employment relations board 21 shall consider a petition for certification of an employee 22 organization as the exclusive representative of a bargaining 23 unit for which an employee organization was not retained and 24 recertified as the exclusive representative of that bargaining 25 unit regardless of the amount of time that has elapsed since 26 the retention and recertification election at which an employee 27 organization was not retained or recertified. 28 Sec. ___. EFFECTIVE DATE. This division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 Sec. ___. APPLICABILITY. With the exception of the 31 section of this division of this Act amending section 20.6, 32 subsection 1, this division of this Act does not apply to 33 collective bargaining agreements which have been ratified in a 34 ratification election referred to in section 20.17, subsection 35 -12- HF 867.2064 (1) 89 jda/tm 12/ 37
4, for which an arbitrator has made a final determination as 1 described in section 20.22, subsection 11, or which have become 2 effective, where such events occurred before the effective 3 date of this division of this Act. This division of this Act 4 applies to all collective bargaining procedures provided for in 5 chapter 20 occurring on and after the effective date of this 6 division of this Act and collective bargaining agreements for 7 which a ratification election referred to in section 20.17, 8 subsection 4, is held, for which an arbitrator makes a final 9 determination as described in section 20.22, subsection 11, or 10 which become effective on or after the effective date of this 11 division of this Act. 12 DIVISION ___ 13 EDUCATOR EMPLOYMENT MATTERS 14 Sec. ___. Section 279.13, subsections 2 and 5, Code 2021, 15 are amended to read as follows: 16 2. The contract shall remain in force and effect for the 17 period stated in the contract and shall be automatically 18 continued for equivalent periods except as modified or 19 terminated by mutual agreement of the board of directors and 20 the teacher or as modified or terminated in accordance with 21 the provisions specified in this chapter . A contract shall 22 not be offered by the employing board to a teacher under its 23 jurisdiction prior to March 15 of any year. A teacher who has 24 not accepted a contract for the ensuing school year tendered 25 by the employing board may resign effective at the end of the 26 current school year by filing a written resignation with the 27 secretary of the board. The resignation must be filed not 28 later than the last day of the current school year or the date 29 specified by the employing board for return of the contract, 30 whichever date occurs first. However, a teacher shall not be 31 required to return a contract to the board or to resign less 32 than twenty-one days after the contract has been offered. 33 5. Notwithstanding the other provisions of this section , a 34 temporary contract may be issued to a teacher for a period of 35 -13- HF 867.2064 (1) 89 jda/tm 13/ 37
up to six months. Notwithstanding the other provisions of this 1 section , a temporary contract may also be issued to a teacher 2 to fill a vacancy created by a leave of absence in accordance 3 with the provisions of section 29A.28 , which contract shall 4 automatically terminate upon return from military leave of the 5 former incumbent of the teaching position . Temporary contracts 6 and which contract shall not be subject to the provisions of 7 sections 279.15 through 279.19 , or section 279.27 . A separate 8 extracurricular contract issued pursuant to section 279.19A to 9 a person issued a temporary contract under this section shall 10 automatically terminate with the termination of the temporary 11 contract as required under section 279.19A, subsection 8 . 12 Sec. ___. Section 279.13, subsection 4, unnumbered 13 paragraph 1, Code 2021, is amended to read as follows: 14 For purposes of this section , sections 279.14 , 279.15 , 15 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 16 otherwise requires, “teacher” includes the following individuals 17 employed by a community college: 18 Sec. ___. Section 279.14, Code 2021, is amended to read as 19 follows: 20 279.14 Evaluation criteria and procedures. 21 1. The board shall establish evaluation criteria and shall 22 implement evaluation procedures. If an exclusive bargaining 23 representative has been certified, the board shall negotiate 24 in good faith with respect to evaluation procedures pursuant 25 to chapter 20. 26 2. The determination of standards of performance expected 27 of school district personnel shall be reserved as an exclusive 28 management right of the school board and shall not be subject 29 to mandatory negotiations under chapter 20 . Objections 30 Notwithstanding chapter 20, objections to the procedures, 31 use, or content of an evaluation in a teacher termination 32 proceeding brought before the school board in a hearing held in 33 accordance with section 279.16 or 279.27 shall not be subject 34 to any the grievance procedures negotiated in accordance with 35 -14- HF 867.2064 (1) 89 jda/tm 14/ 37
chapter 20 . A school district shall not be obligated to 1 process any evaluation grievance after service of a notice and 2 recommendation to terminate an individual’s continuing teaching 3 contract in accordance with this chapter. 4 Sec. ___. Section 279.15, subsection 2, paragraph c, Code 5 2021, is amended to read as follows: 6 c. Within five days of the receipt of the written notice 7 that the superintendent is recommending termination of the 8 contract, the teacher may request, in writing to the secretary 9 of the board, a private hearing with the board. The private 10 hearing shall not be subject to chapter 21 and shall be held 11 no sooner than twenty ten days and no later than forty twenty 12 days following the receipt of the request unless the parties 13 otherwise agree. The secretary of the board shall notify the 14 teacher in writing of the date, time, and location of the 15 private hearing, and at least ten five days before the hearing 16 shall also furnish to the teacher any documentation which 17 may be presented to the board at the private hearing and a 18 list of persons who may address the board in support of the 19 superintendent’s recommendation at the private hearing. At 20 least seven three days before the hearing, the teacher shall 21 provide any documentation the teacher expects to present at 22 the private hearing, along with the names of any persons who 23 may address the board on behalf of the teacher. This exchange 24 of information shall be at the time specified unless otherwise 25 agreed. 26 Sec. ___. Section 279.16, Code 2021, is amended by striking 27 the section and inserting in lieu thereof the following: 28 279.16 Private hearing —— decision —— record. 29 1. The participants at the private hearing shall be 30 at least a majority of the members of the board, their 31 legal representatives, if any, the superintendent, the 32 superintendent’s designated representatives, if any, the 33 teacher’s immediate supervisor, the teacher, the teacher’s 34 representatives, if any, and the witnesses for the parties. 35 -15- HF 867.2064 (1) 89 jda/tm 15/ 37
The evidence at the private hearing shall be limited to the 1 specific reasons stated in the superintendent’s notice of 2 recommendation of termination. No participant in the hearing 3 shall be liable for any damages to any person if any statement 4 at the hearing is determined to be erroneous as long as the 5 statement was made in good faith. The superintendent shall 6 present evidence and argument on all issues involved and 7 the teacher may cross-examine, respond and present evidence 8 and argument in the teacher’s behalf relevant to all issues 9 involved. Evidence may be by stipulation of the parties and 10 informal settlement may be made by stipulation, consent, or 11 default or by any other method agreed upon by the parties in 12 writing. The board shall employ a certified shorthand reporter 13 to keep a record of the private hearing. The proceedings 14 or any part thereof shall be transcribed at the request of 15 either party with the expense of transcription charged to the 16 requesting party. 17 2. The presiding officer of the board may administer oaths 18 in the same manner and with like effect and under the same 19 penalties as in the case of magistrates exercising criminal 20 or civil jurisdiction. The board shall cause subpoenas to be 21 issued for such witnesses and the production of such books 22 and papers as either the board or the teacher may designate. 23 The subpoenas shall be signed by the presiding officer of the 24 board. 25 3. In case a witness is duly subpoenaed and refuses to 26 attend, or in case a witness appears and refuses to testify 27 or to produce required books or papers, the board shall, 28 in writing, report such refusal to the district court of 29 the county in which the administrative office of the school 30 district is located, and the court shall proceed with the 31 person or witness as though the refusal had occurred in a 32 proceeding legally pending before the court. 33 4. The board shall not be bound by common law or statutory 34 rules of evidence or by technical or formal rules of procedure, 35 -16- HF 867.2064 (1) 89 jda/tm 16/ 37
but it shall hold the hearing in such manner as is best suited 1 to ascertain and conserve the substantial rights of the 2 parties. Process and procedure under sections 279.13 through 3 279.19 shall be as summary as reasonably may be. 4 5. At the conclusion of the private hearing, the 5 superintendent and the teacher may file written briefs and 6 arguments with the board within three days or such other time 7 as may be agreed upon. 8 6. If the teacher fails to timely request a private hearing 9 or does not appear at the private hearing, the board may 10 proceed and make a determination upon the superintendent’s 11 recommendation. If the teacher fails to timely file a request 12 for a private hearing, the determination shall be not later 13 than May 31. If the teacher fails to appear at the private 14 hearing, the determination shall be not later than five days 15 after the scheduled date for the private hearing. The board 16 shall convene in open session and by roll call vote determine 17 the termination or continuance of the teacher’s contract 18 and, if the board votes to continue the teacher’s contract, 19 whether to suspend the teacher with or without pay for a period 20 specified by the board. 21 7. Within five days after the private hearing, the board 22 shall, in executive session, meet to make a final decision 23 upon the recommendation and the evidence as herein provided. 24 The board shall also consider any written brief and arguments 25 submitted by the superintendent and the teacher. 26 8. The record for a private hearing shall include: 27 a. All pleadings, motions and intermediate rulings. 28 b. All evidence received or considered and all other 29 submissions. 30 c. A statement of all matters officially noticed. 31 d. All questions and offers of proof, objections and rulings 32 thereon. 33 e. All findings and exceptions. 34 f. Any decision, opinion, or conclusion by the board. 35 -17- HF 867.2064 (1) 89 jda/tm 17/ 37
g. Findings of fact shall be based solely on the evidence in 1 the record and on matters officially noticed in the record. 2 9. The decision of the board shall be in writing and shall 3 include findings of fact and conclusions of law, separately 4 stated. Findings of fact, if set forth in statutory language, 5 shall be accompanied by a concise and explicit statement of 6 the underlying facts supporting the findings. Each conclusion 7 of law shall be supported by cited authority or by reasoned 8 opinion. 9 10. When the board has reached a decision, opinion, or 10 conclusion, it shall convene in open meeting and by roll 11 call vote determine the continuance or discontinuance of the 12 teacher’s contract and, if the board votes to continue the 13 teacher’s contract, whether to suspend the teacher with or 14 without pay for a period specified by the board. The record 15 of the private conference and findings of fact and exceptions 16 shall be exempt from the provisions of chapter 22 . The 17 secretary of the board shall immediately mail notice of the 18 board’s action to the teacher. 19 Sec. ___. NEW SECTION . 279.17 Appeal by teacher to 20 adjudicator. 21 1. If the teacher is no longer a probationary teacher, the 22 teacher may, within ten days, appeal the determination of the 23 board to an adjudicator by filing a notice of appeal with the 24 secretary of the board. The notice of appeal shall contain a 25 concise statement of the action which is the subject of the 26 appeal, the particular board action appealed from, the grounds 27 on which relief is sought and the relief sought. 28 2. Within five days following receipt by the secretary 29 of the notice of appeal, the board or the board’s legal 30 representative, if any, and the teacher or the teacher’s 31 representative, if any, may select an adjudicator who resides 32 within the boundaries of the merged area in which the school 33 district is located. If an adjudicator cannot be mutually 34 agreed upon within the five-day period, the secretary shall 35 -18- HF 867.2064 (1) 89 jda/tm 18/ 37
notify the chairperson of the public employment relations board 1 by transmitting the notice of appeal, and the chairperson of 2 the public employment relations board shall within five days 3 provide a list of five adjudicators to the parties. Within 4 three days from receipt of the list of adjudicators, the 5 parties shall select an adjudicator by alternately removing a 6 name from the list until only one name remains. The person 7 whose name remains shall be the adjudicator. The parties shall 8 determine by lot which party shall remove the first name from 9 the list submitted by the chairperson of the public employment 10 relations board. The secretary of the board shall inform the 11 chairperson of the public employment relations board of the 12 name of the adjudicator selected. 13 3. If the teacher does not timely request an appeal to an 14 adjudicator, the decision, opinion, or conclusion of the board 15 shall become final and binding. 16 4. a. Within thirty days after filing the notice of appeal, 17 or within further time allowed by the adjudicator, the board 18 shall transmit to the adjudicator the original or a certified 19 copy of the entire record of the private hearing which may be 20 the subject of the petition. By stipulation of the parties 21 to review the proceedings, the record of the case may be 22 shortened. The adjudicator may require or permit subsequent 23 corrections or additions to the shortened record. 24 b. The record certified and filed by the board shall be the 25 record upon which the appeal shall be heard and no additional 26 evidence shall be heard by the adjudicator. In such appeal to 27 the adjudicator, especially when considering the credibility 28 of witnesses, the adjudicator shall give weight to the fact 29 findings of the board but shall not be bound by them. 30 5. Before the date set for hearing a petition for review 31 of board action, which shall be within ten days after 32 receipt of the record unless otherwise agreed or unless the 33 adjudicator orders additional evidence be taken before the 34 board, application may be made to the adjudicator for leave to 35 -19- HF 867.2064 (1) 89 jda/tm 19/ 37
present evidence in addition to that found in the record of the 1 case. If it is shown to the adjudicator that the additional 2 evidence is material and that there were good reasons for 3 failure to present it in the private hearing before the board, 4 the adjudicator may order that the additional evidence be taken 5 before the board upon conditions determined by the adjudicator. 6 The board may modify its findings and decision in the case by 7 reason of the additional evidence and shall file that evidence 8 and any modifications, new findings, or decisions, with the 9 adjudicator and mail copies of the new findings or decisions 10 to the teacher. 11 6. The adjudicator may affirm board action or remand to the 12 board for further proceedings. The adjudicator shall reverse, 13 modify, or grant any appropriate relief from the board action 14 if substantial rights of the teacher have been prejudiced 15 because the board action is any of the following: 16 a. In violation of a board rule or policy or contract. 17 b. Unsupported by a preponderance of the competent evidence 18 in the record made before the board when that record is viewed 19 as a whole. 20 c. Unreasonable, arbitrary or capricious or characterized 21 by an abuse of discretion or a clearly unwarranted exercise of 22 discretion. 23 7. The adjudicator shall, within fifteen days after the 24 hearing, make a decision and shall give a copy of the decision 25 to the teacher and the secretary of the board. The decision 26 of the adjudicator shall become the final and binding decision 27 of the board unless either party within ten days notifies the 28 secretary of the board that the decision is rejected. The 29 board may reject the decision by majority roll call vote, in 30 open meeting, entered into the minutes of the meeting. The 31 board shall immediately notify the teacher of its decision 32 by certified mail. The teacher may reject the adjudicator’s 33 decision by notifying the board’s secretary in writing within 34 ten days of the filing of such decision. 35 -20- HF 867.2064 (1) 89 jda/tm 20/ 37
8. All costs of the adjudicator shall be shared equally by 1 the teacher and the board. 2 Sec. ___. Section 279.18, Code 2021, is amended by striking 3 the section and inserting in lieu thereof the following: 4 279.18 Appeal by either party to court. 5 1. If either party rejects the adjudicator’s decision, 6 the rejecting party shall, within thirty days of the initial 7 filing of such decision, appeal to the district court of 8 the county in which the administrative office of the school 9 district is located. The notice of appeal shall be immediately 10 mailed by certified mail to the other party. The adjudicator 11 shall transmit to the reviewing court the original or a 12 certified copy of the entire record which may be the subject 13 of the petition. By stipulation of all parties to the review 14 proceedings, the record of such a case may be shortened. A 15 party unreasonably refusing to stipulate to limit the record 16 may be taxed by the court for the additional cost. The court 17 may require or permit subsequent corrections or additions to 18 the shortened record. 19 2. In proceedings for judicial review of the adjudicator’s 20 decision, the court shall not hear any further evidence 21 but shall hear the case upon the certified record. In such 22 judicial review, especially when considering the credibility of 23 witnesses, the court shall give weight to the fact findings of 24 the board but shall not be bound by them. The court may affirm 25 the adjudicator’s decision or remand to the adjudicator or the 26 board for further proceedings upon conditions determined by the 27 court. The court shall reverse, modify, or grant any other 28 appropriate relief from the board decision or the adjudicator’s 29 decision equitable or legal and including declaratory relief 30 if substantial rights of the petitioner have been prejudiced 31 because the action is any of the following: 32 a. In violation of constitutional or statutory provisions. 33 b. In excess of the statutory authority of the board or the 34 adjudicator. 35 -21- HF 867.2064 (1) 89 jda/tm 21/ 37
c. In violation of a board rule or policy or contract. 1 d. Made upon unlawful procedure. 2 e. Affected by other error of law. 3 f. Unsupported by a preponderance of the competent evidence 4 in the record made before the board and the adjudicator when 5 that record is viewed as a whole. 6 g. Unreasonable, arbitrary or capricious or characterized 7 by an abuse of discretion or a clearly unwarranted exercise of 8 discretion. 9 3. An aggrieved or adversely affected party to the judicial 10 review proceeding may obtain a review of any final judgment of 11 the district court by appeal to the supreme court. The appeal 12 shall be taken as in other civil cases, although the appeal may 13 be taken regardless of the amount involved. 14 4. For purposes of this section, unless the context 15 otherwise requires, “rejecting party” shall include but not be 16 limited to an instructor employed by a community college. 17 Sec. ___. Section 279.19, Code 2021, is amended by striking 18 the section and inserting in lieu thereof the following: 19 279.19 Probationary period. 20 1. The first three consecutive years of employment of 21 a teacher in the same school district are a probationary 22 period. However, if the teacher has successfully completed a 23 probationary period of employment for another school district 24 located in Iowa, the probationary period in the current 25 district of employment shall not exceed one year. A board of 26 directors may waive the probationary period for any teacher who 27 previously has served a probationary period in another school 28 district and the board may extend the probationary period for 29 an additional year with the consent of the teacher. 30 2. a. In the case of the termination of a probationary 31 teacher’s contract, the provisions of sections 279.15 and 32 279.16 shall apply. However, if the probationary teacher is a 33 beginning teacher who fails to demonstrate competence in the 34 Iowa teaching standards in accordance with chapter 284, the 35 -22- HF 867.2064 (1) 89 jda/tm 22/ 37
provisions of sections 279.17 and 279.18 shall also apply. 1 b. The board’s decision shall be final and binding unless 2 the termination was based upon an alleged violation of a 3 constitutionally guaranteed right of the teacher or an alleged 4 violation of public employee rights of the teacher under 5 section 20.10. 6 3. Notwithstanding any provision to the contrary, the 7 grievance procedures of section 20.18 relating to job 8 performance or job retention shall not apply to a teacher 9 during the first two years of the teacher’s probationary 10 period. However, this subsection shall not apply to a teacher 11 who has successfully completed a probationary period in a 12 school district in Iowa. 13 Sec. ___. Section 279.19A, subsections 1, 2, 7, and 8, Code 14 2021, are amended to read as follows: 15 1. School districts employing individuals to coach 16 interscholastic athletic sports shall issue a separate 17 extracurricular contract for each of these sports. An 18 extracurricular contract offered under this section shall be 19 separate from the contract issued under section 279.13 . Wages 20 for employees who coach these sports shall be paid pursuant 21 to established or negotiated supplemental pay schedules. 22 An extracurricular contract shall be in writing, and shall 23 state the number of contract days for that sport, the annual 24 compensation to be paid, and any other matters as may be 25 mutually agreed upon. The contract shall be for a single 26 school year. 27 2. a. An extracurricular contract shall be continued 28 automatically in force and effect for equivalent periods, 29 except as modified or terminated by mutual agreement of 30 the board of directors and the employee, or terminated in 31 accordance with this section. An extracurricular contract 32 shall initially be offered by the employing board to an 33 individual on the same date that contracts are offered to 34 teachers under section 279.13. An extracurricular contract 35 -23- HF 867.2064 (1) 89 jda/tm 23/ 37
may be terminated at the end of a school year pursuant to 1 sections 279.15 through 279.19. If the school district offers 2 an extracurricular contract for a sport for the subsequent 3 school year to an employee who is currently performing 4 under an extracurricular contract for that sport, and the 5 employee does not wish to accept the extracurricular contract 6 for the subsequent year, the employee may resign from the 7 extracurricular contract within twenty-one days after it has 8 been received. 9 b. If the provisions of an extracurricular contract executed 10 under this section conflict with a collective bargaining 11 agreement negotiated under chapter 20 and effective when the 12 extracurricular contract is executed or renewed, the provisions 13 of the collective bargaining agreement shall prevail Section 14 279.13, subsection 3, applies to this section . 15 7. An extracurricular contract may be terminated prior to 16 the expiration of that contract for any lawful reason following 17 an informal, private hearing before the board of directors 18 pursuant to section 279.27 . The decision of the board to 19 terminate an extracurricular contract shall be final. 20 8. a. A termination proceeding regarding an extracurricular 21 contract shall either by the board pursuant to subsection 2 or 22 pursuant to section 279.27 does not affect a contract issued 23 pursuant to section 279.13 . 24 b. A termination of a contract entered into pursuant to 25 section 279.13 , or a resignation from that contract by the 26 teacher, constitutes an automatic termination or resignation of 27 the extracurricular contract in effect between the same teacher 28 and the employing school board. 29 Sec. ___. Section 279.23, subsection 1, paragraph c, Code 30 2021, is amended to read as follows: 31 c. The rate of compensation per week of five consecutive 32 days or month of four consecutive weeks . 33 Sec. ___. Section 279.23, subsection 5, Code 2021, is 34 amended to read as follows: 35 -24- HF 867.2064 (1) 89 jda/tm 24/ 37
5. Notwithstanding the other provisions of this section , 1 a temporary contract may be issued to an administrator for 2 up to nine months. Notwithstanding the other provisions of 3 this section , a temporary contract may also be issued to 4 an administrator to fill a vacancy created by a leave of 5 absence in accordance with the provisions of section 29A.28 , 6 which contract shall automatically terminate upon return from 7 military leave of the former incumbent of the administrator 8 position . Temporary contracts and which contract shall not be 9 subject to the provisions of sections 279.24 and 279.25 . 10 Sec. ___. Section 279.24, subsections 2 and 4, Code 2021, 11 are amended to read as follows: 12 2. If the board of directors is considering termination of 13 an administrator’s contract, prior to any formal action, the 14 board may arrange to meet in closed session, in accordance with 15 the provisions of section 21.5 , with the administrator and the 16 administrator’s representative. The board shall review the 17 administrator’s evaluation, review the reasons for nonrenewal, 18 and give the administrator an opportunity to respond. If, 19 following the closed session, the board of directors and the 20 administrator are unable to mutually agree to a modification 21 or termination of the administrator’s contract, or the board 22 of directors may issue and the administrator are unable to 23 mutually agree to enter into a one-year , nonrenewable contract , 24 to the administrator. If the board of directors decides to 25 terminate the administrator’s contract, the board shall follow 26 the procedures in this section . 27 4. Administrators employed in a school district for 28 less than three two consecutive years are probationary 29 administrators. However, a school board may waive the 30 probationary period for any administrator who has previously 31 served a probationary period in another school district and 32 the school board may extend the probationary period for an 33 additional year with the consent of the administrator. If a 34 school board determines that it should terminate a probationary 35 -25- HF 867.2064 (1) 89 jda/tm 25/ 37
administrator’s contract, the school board shall notify the 1 administrator not later than May 15 that the contract will not 2 be renewed beyond the current year. The notice shall be in 3 writing by letter, personally delivered, or mailed by certified 4 mail. The notification shall be complete when received by the 5 administrator. Within ten days after receiving the notice, the 6 administrator may request a private conference with the school 7 board to discuss the reasons for termination. The school 8 board’s decision to terminate a probationary administrator’s 9 contract shall be final unless the termination was based upon 10 an alleged violation of a constitutionally guaranteed right of 11 the administrator. 12 Sec. ___. Section 279.24, subsection 5, paragraphs c, d, e, 13 f, g, and h, Code 2021, are amended to read as follows: 14 c. Within five days after receipt of the written notice 15 that the school board has voted to consider termination of 16 the contract, the administrator may request a private hearing 17 in writing to the secretary of the school board . The board 18 shall then forward that the notification be forwarded to the 19 board of educational examiners along with a request that the 20 board of educational examiners submit a list of five qualified 21 administrative law judges to the parties. Within three 22 days from receipt of the list the parties shall select an 23 administrative law judge by alternately removing a name from 24 the list until only one name remains. The person whose name 25 remains shall be the administrative law judge. The parties 26 shall determine by lot which party shall remove the first 27 name from the list. The private hearing shall be held no 28 sooner than twenty ten days and not later than forty thirty 29 days following the administrator’s request unless the parties 30 otherwise agree. If the administrator does not request a 31 private hearing, the school board, not later than May 31, may 32 determine the continuance or discontinuance of the contract 33 and, if the board determines to continue the administrator’s 34 contract, whether to suspend the administrator with or without 35 -26- HF 867.2064 (1) 89 jda/tm 26/ 37
pay for a period specified by the board. School board action 1 shall be by majority roll call vote entered on the minutes of 2 the meeting. Notice of school board action shall be personally 3 delivered or mailed to the administrator. 4 d. The administrative law judge selected shall notify 5 the secretary of the school board and the administrator in 6 writing concerning the date, time, and location of the private 7 hearing. The school board may be represented by a legal 8 representative, if any, and the administrator shall appear and 9 may be represented by counsel or by representative, if any. 10 Any witnesses for the parties at the private hearing shall be 11 sequestered. A transcript or recording shall be made of the 12 proceedings at the private hearing. A school board member or 13 administrator is not liable for any damage to an administrator 14 or school board member if a statement made at the private 15 hearing is determined to be erroneous as long as the statement 16 was made in good faith. 17 e. The administrative law judge shall, within ten days 18 following the date of the private hearing, make a proposed 19 decision as to whether or not the administrator should be 20 dismissed, and shall give a copy of the proposed decision to 21 the administrator and the school board. Findings of fact shall 22 be prepared by the administrative law judge. The proposed 23 decision of the administrative law judge shall become the final 24 decision of the school board unless within thirty ten days 25 after the filing of the decision the administrator files a 26 written notice of appeal with the school board, or the school 27 board on its own motion determines to review the decision. 28 f. If the administrator appeals to the school board, or if 29 the school board determines on its own motion to review the 30 proposed decision of the administrative law judge, a private 31 hearing shall be held before the school board within ten five 32 days after the petition for review, or motion for review, has 33 been made or at such other time as the parties agree. The 34 private hearing is not subject to chapter 21 . The school board 35 -27- HF 867.2064 (1) 89 jda/tm 27/ 37
may hear the case de novo upon the record as submitted before 1 the administrative law judge. In cases where there is an 2 appeal from a proposed decision or where a proposed decision 3 is reviewed on motion of the school board, an opportunity 4 shall be afforded to each party to file exceptions, present 5 briefs, and present oral arguments to the school board which 6 is to render the final decision. The secretary of the school 7 board shall give the administrator written notice of the time, 8 place, and date of the private hearing. The school board shall 9 meet within five days after the private hearing to determine 10 the question of continuance or discontinuance of the contract 11 and, if the board determines to continue the administrator’s 12 contract, whether to suspend the administrator with or 13 without pay for a period specified by the board or issue the 14 administrator a one-year, nonrenewable contract . The school 15 board shall make findings of fact which shall be based solely 16 on the evidence in the record and on matters officially noticed 17 in the record. 18 g. The decision of the school board shall be in writing 19 and shall include finding of fact and conclusions of law, 20 separately stated . Findings of fact, if set forth in statutory 21 language, shall be accompanied by a concise and explicit 22 statement of the underlying facts supporting the findings. 23 Each conclusion of law shall be supported by cited authority 24 or by reasoned opinion. 25 h. When the school board has reached a decision, opinion, 26 or conclusion, it shall convene in open meeting and by roll 27 call vote determine the continuance or discontinuance of 28 the administrator’s contract and, if the board votes to 29 continue the administrator’s contract, whether to suspend the 30 administrator with or without pay for a period specified by 31 the board or issue the administrator a one-year, nonrenewable 32 contract . The record of the private hearing conference and 33 written decision of the board findings of fact and exceptions 34 shall be exempt from the provisions of chapter 22 . The 35 -28- HF 867.2064 (1) 89 jda/tm 28/ 37
secretary of the school board shall immediately personally 1 deliver or mail notice of the school board’s action to the 2 administrator. 3 Sec. ___. Section 279.27, Code 2021, is amended to read as 4 follows: 5 279.27 Discharge of teacher. 6 1. A teacher may be discharged at any time during the 7 contract year for just cause. The superintendent or the 8 superintendent’s designee, shall notify the teacher immediately 9 that the superintendent will recommend in writing to the board 10 at a regular or special meeting of the board held not more 11 than fifteen days after notification has been given to the 12 teacher that the teacher’s continuing contract be terminated 13 effective immediately following a decision of the board. 14 The procedure for dismissal shall be as provided in section 15 279.15, subsection 2 , and sections 279.16 through 279.19 . The 16 superintendent may suspend a teacher under this section pending 17 hearing and determination by the board. 18 2. For purposes of this section , “just cause” includes 19 but is not limited to a violation of the code of professional 20 conduct and ethics of the board of educational examiners if 21 the board has taken disciplinary action against a teacher, 22 during the six months following issuance by the board of a 23 final written decision and finding of fact after a disciplinary 24 proceeding. 25 Sec. ___. Section 284.3, subsection 2, Code 2021, is amended 26 to read as follows: 27 2. A school board shall provide for the following: 28 a. For purposes of comprehensive evaluations, standards 29 and criteria which measure a beginning teacher’s performance 30 against the Iowa teaching standards specified in subsection 1 , 31 and the criteria for the Iowa teaching standards developed by 32 the department in accordance with section 256.9, to determine 33 whether the teacher’s practice meets the requirements specified 34 for a career teacher. These standards and criteria shall be 35 -29- HF 867.2064 (1) 89 jda/tm 29/ 37
set forth in an instrument provided by the department. The 1 comprehensive evaluation and instrument are not subject to 2 negotiations or grievance procedures pursuant to chapter 20 or 3 determinations made by the board of directors under section 4 279.14 . A local school board and its certified bargaining 5 representative may negotiate, pursuant to chapter 20, 6 evaluation and grievance procedures for beginning teachers that 7 are not in conflict with this chapter. If, in accordance with 8 section 279.19, a beginning teacher appeals the determination 9 of a school board to an adjudicator under section 279.17, the 10 adjudicator selected shall have successfully completed training 11 related to the Iowa teacher standards, the criteria adopted 12 by the state board in accordance with subsection 3, and any 13 additional training required under rules adopted by the public 14 employment relations board in cooperation with the state board. 15 b. For purposes of performance reviews for teachers other 16 than beginning teachers, evaluations that contain, at a 17 minimum, the Iowa teaching standards specified in subsection 18 1 , as well as the criteria for the Iowa teaching standards 19 developed by the department in accordance with section 20 256.9, subsection 42 . A local school board and its certified 21 bargaining representative may negotiate, pursuant to chapter 22 20, additional teaching standards and criteria. A local 23 school board and its certified bargaining representative shall 24 negotiate, pursuant to chapter 20, evaluation and grievance 25 procedures for teachers other than beginning teachers that are 26 not in conflict with this chapter. 27 Sec. ___. Section 284.4, subsection 1, paragraph b, 28 subparagraphs (2) and (5), Code 2021, are amended to read as 29 follows: 30 (2) Monitor the evaluation requirements of this chapter 31 to ensure evaluations are conducted in a fair and consistent 32 manner throughout the school district or agency. The committee 33 shall In addition to any negotiated evaluation procedures, 34 develop model evidence for the Iowa teaching standards and 35 -30- HF 867.2064 (1) 89 jda/tm 30/ 37
criteria. The model evidence will minimize paperwork and focus 1 on teacher improvement. The model evidence will determine 2 which standards and criteria can be met with observation and 3 which evidence meets multiple standards and criteria. 4 (5) Determine Ensure the agreement negotiated pursuant to 5 chapter 20 determines the compensation for teachers on the 6 committee for work responsibilities required beyond the normal 7 work day. 8 Sec. ___. Section 284.8, subsections 2 and 3, Code 2021, are 9 amended to read as follows: 10 2. If a supervisor or an evaluator determines, at any time, 11 as a result of a teacher’s performance that the teacher is not 12 meeting district expectations under the Iowa teaching standards 13 specified in section 284.3, subsection 1 , paragraphs “a” 14 through “h” , and the criteria for the Iowa teaching standards 15 developed by the department in accordance with section 256.9, 16 subsection 42 , and any other standards or criteria established 17 in the collective bargaining agreement, the evaluator shall, 18 at the direction of the teacher’s supervisor, recommend to 19 the district that the teacher participate in an intensive 20 assistance program. The intensive assistance program and its 21 implementation are not subject to negotiation and grievance 22 procedures established pursuant to chapter 20 . All school 23 districts shall be prepared to offer an intensive assistance 24 program. 25 3. A teacher who is not meeting the applicable standards and 26 criteria based on a determination made pursuant to subsection 2 27 shall participate in an intensive assistance program. However, 28 a teacher who has previously participated in an intensive 29 assistance program relating to particular Iowa teaching 30 standards or criteria shall not be entitled to participate 31 in another intensive assistance program relating to the same 32 standards or criteria and shall be subject to the provisions of 33 subsection 4 . 34 Sec. ___. Section 284.8, Code 2021, is amended by adding the 35 -31- HF 867.2064 (1) 89 jda/tm 31/ 37
following new subsection: 1 NEW SUBSECTION . 2A. If a teacher is denied advancement 2 to the career II or advanced teacher level based upon a 3 performance review, the teacher may appeal the decision to an 4 adjudicator under the process established under section 279.17. 5 However, the decision of the adjudicator is final. 6 Sec. ___. Section 284.8, subsection 4, Code 2021, is amended 7 by striking the subsection. 8 Sec. ___. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. ___. APPLICABILITY. This division of this Act applies 11 to employment contracts of school employees entered into 12 pursuant to chapter 279 on and after the effective date of 13 this division of this Act. This division of this Act does 14 not apply to collective bargaining agreements which have been 15 ratified in a ratification election referred to in section 16 20.17, subsection 4, for which an arbitrator has made a final 17 determination as described in section 20.22, subsection 11, 18 or which have become effective, where such events occurred 19 before the effective date of this division of this Act. This 20 division of this Act applies to all collective bargaining 21 procedures provided for in chapter 20 occurring on and after 22 the effective date of this division of this Act and collective 23 bargaining agreements pursuant to chapter 20 for which a 24 ratification election referred to in section 20.17, subsection 25 4, is held, for which an arbitrator makes a final determination 26 as described in section 20.22, subsection 11, or which become 27 effective on or after the effective date of this division of 28 this Act. 29 DIVISION ___ 30 PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS 31 Sec. ___. Section 22.7, subsection 11, paragraph a, 32 subparagraph (5), Code 2021, is amended to read as follows: 33 (5) The fact that the individual resigned in lieu of 34 termination, was discharged , or was demoted as the result of 35 -32- HF 867.2064 (1) 89 jda/tm 32/ 37
a final disciplinary action , and the documented reasons and 1 rationale for the resignation in lieu of termination, the 2 discharge, or the demotion. For purposes of this subparagraph, 3 “demoted” and “demotion” mean a change of an employee from 4 a position in a given classification to a position in a 5 classification having a lower pay grade upon the exhaustion of 6 all applicable contractual, legal, and statutory remedies . 7 Sec. ___. REPEAL. Sections 22.13A and 22.15, Code 2021, 8 are repealed. 9 Sec. ___. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. ___. APPLICABILITY. This division of this Act applies 12 to requests for records pursuant to chapter 22 submitted on or 13 after the effective date of this division of this Act. 14 DIVISION ___ 15 CITY CIVIL SERVICE REQUIREMENTS 16 Sec. ___. Section 400.12, subsection 4, Code 2021, is 17 amended by striking the subsection. 18 Sec. ___. Section 400.17, subsection 4, Code 2021, is 19 amended to read as follows: 20 4. A person shall not be appointed, denied appointment, 21 promoted, removed, discharged, suspended, or demoted to or 22 from a civil service position or in any other way favored or 23 discriminated against in that position because of political 24 or religious opinions or affiliations, race, national origin, 25 sex, or age, or in retaliation for the exercise of any right 26 enumerated in this chapter . However, the maximum age for a 27 police officer or fire fighter covered by this chapter and 28 employed for police duty or the duty of fighting fires is 29 sixty-five years of age. 30 Sec. ___. Section 400.18, Code 2021, is amended by striking 31 the section and inserting in lieu thereof the following: 32 400.18 Removal, demotion, or suspension. 33 1. A person holding civil service rights as provided in 34 this chapter shall not be removed, demoted, or suspended 35 -33- HF 867.2064 (1) 89 jda/tm 33/ 37
arbitrarily, except as otherwise provided in this chapter, but 1 may be removed, demoted, or suspended after a hearing by a 2 majority vote of the civil service commission, for neglect of 3 duty, disobedience, misconduct, or failure to properly perform 4 the person’s duties. 5 2. The party alleging neglect of duty, disobedience, 6 misconduct, or failure to properly perform a duty shall have 7 the burden of proof. 8 3. A person subject to a hearing has the right to be 9 represented by counsel at the person’s expense or by the 10 person’s authorized collective bargaining representative. 11 Sec. ___. Section 400.19, Code 2021, is amended to read as 12 follows: 13 400.19 Removal , or discharge , demotion, or suspension of 14 subordinates. 15 The person having the appointing power as provided in 16 this chapter , or the chief of police or chief of the fire 17 department, may , upon presentation of grounds for such action 18 to the subordinate in writing, peremptorily remove, discharge, 19 demote, or suspend , demote, or discharge a subordinate then 20 under the person’s or chief’s direction due to any act or 21 failure to act by the employee that is in contravention of law, 22 city policies, or standard operating procedures, or that in 23 the judgment of the person or chief is sufficient to show that 24 the employee is unsuitable or unfit for employment for neglect 25 of duty, disobedience of orders, misconduct, or failure to 26 properly perform the subordinate’s duties . 27 Sec. ___. Section 400.20, Code 2021, is amended to read as 28 follows: 29 400.20 Appeal. 30 The removal, discharge suspension , demotion, or suspension 31 discharge of a person holding civil service rights may be 32 appealed to the civil service commission within fourteen 33 calendar days after the removal, discharge suspension , 34 demotion, or suspension discharge . 35 -34- HF 867.2064 (1) 89 jda/tm 34/ 37
Sec. ___. Section 400.21, Code 2021, is amended to read as 1 follows: 2 400.21 Notice of appeal. 3 If the appeal be taken by the person removed, discharged 4 suspended , demoted, or suspended discharged , notice of the 5 appeal, signed by the appellant and specifying the ruling 6 appealed from, shall be filed with the clerk of the commission. 7 If the appeal is taken by the person making such removal, 8 discharge suspension , demotion, or suspension discharge , such 9 notice shall also be served upon the person removed, discharged 10 suspended , demoted, or suspended discharged . 11 Sec. ___. Section 400.22, Code 2021, is amended to read as 12 follows: 13 400.22 Charges. 14 Within fourteen calendar days from the service of the notice 15 of appeal, the person or body making the ruling appealed 16 from shall file with the body to which the appeal is taken a 17 written specification of the charges and grounds upon which the 18 ruling was based. If the charges are not filed, the person 19 removed, suspended or discharged , demoted, or suspended may 20 present the matter to the body to whom the appeal is to be 21 taken by affidavit, setting forth the facts, and the body to 22 whom the appeal is to be taken shall immediately enter an 23 order reinstating the person removed, suspended or discharged , 24 demoted, or suspended for want of prosecution. 25 Sec. ___. Section 400.27, subsection 3, Code 2021, is 26 amended to read as follows: 27 3. The city or any civil service employee shall have a 28 right to appeal to the district court from the final ruling or 29 decision of the civil service commission. The appeal shall be 30 taken within thirty days from the filing of the formal decision 31 of the commission. The district court of the county in which 32 the city is located shall have full jurisdiction of the appeal. 33 The scope of review for the appeal shall be limited to de novo 34 appellate review without a trial or additional evidence The 35 -35- HF 867.2064 (1) 89 jda/tm 35/ 37
appeal shall be a trial de novo as an equitable action in the 1 district court . 2 Sec. ___. Section 400.28, Code 2021, is amended by striking 3 the section and inserting in lieu thereof the following: 4 400.28 Employees —— number diminished. 5 1. When the public interest requires a diminution of 6 employees in a classification or grade under civil service, 7 the city council, acting in good faith, may do either of the 8 following: 9 a. Abolish the office and remove the employee from the 10 employee’s classification or grade thereunder. 11 b. Reduce the number of employees in any classification or 12 grade by suspending the necessary number. 13 2. In case it thus becomes necessary to so remove or suspend 14 any such employees, the persons so removed or suspended shall 15 be those having seniority of the shortest duration in the 16 classifications or grades affected, and such seniority shall be 17 computed as provided in section 400.12 for all persons holding 18 seniority in the classification or grade affected, regardless 19 of their seniority in any other classification or grade, but 20 any such employee so removed from any classification or grade 21 shall revert to the employee’s seniority in the next lower 22 grade or classification; if such seniority is equal, then the 23 one less efficient and competent as determined by the person or 24 body having the appointing power shall be the one affected. 25 3. In case of removal or suspension, the civil service 26 commission shall issue to each person affected one certificate 27 showing the person’s comparative seniority or length of service 28 in each of the classifications or grades from which the person 29 is so removed and the fact that the person has been honorably 30 removed. The certificate shall also list each classification 31 or grade in which the person was previously employed. The 32 person’s name shall be carried for a period of not less than 33 three years after the suspension or removal on a preferred list 34 and appointments or promotions made during that period to the 35 -36- HF 867.2064 (1) 89 jda/tm 36/ 37
person’s former duties in the classification or grade shall 1 be made in the order of greater seniority from the preferred 2 lists. 3 Sec. ___. SENIORITY RIGHTS REESTABLISHED. The seniority 4 rights of any civil service employee extinguished pursuant 5 to section 400.12, subsection 4, Code 2021, are hereby 6 reestablished, including accrual of seniority during the period 7 of extinguishment. 8 Sec. ___. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. ___. APPLICABILITY. This division of this Act applies 11 to employment actions taken on or after the effective date of 12 this division of this Act. 13 DIVISION ___ 14 HEALTH INSURANCE MATTERS 15 Sec. ___. REPEAL. Section 70A.41, Code 2021, is repealed. 16 Sec. ___. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. > 18 2. Title page, by striking line 4 and inserting < regulatory 19 authority and other properly related matters, and including 20 effective date, applicability, and transition provisions. > 21 3. By renumbering as necessary. 22 ______________________________ HUNTER of Polk -37- HF 867.2064 (1) 89 jda/tm 37/ 37 #2. #3.