House File 868 H-1443 Amend House File 868 as follows: 1 1. Page 26, after line 35 by inserting: 2 < DIVISION ___ 3 ACCOUNTABILITY AND ADMINISTRATIVE MEASURES —— FEES 4 Sec. ___. Section 256.9, Code 2021, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 63. Develop and make available on the 7 department’s internet site general guidance for parents, 8 guardians, and community members who have concerns about school 9 districts or their governing boards. 10 Sec. ___. Section 256.11, subsections 10 and 11, Code 2021, 11 are amended by striking the subsections and inserting in lieu 12 thereof the following: 13 10. The state board shall establish, and the department 14 shall use, for the school year commencing July 1, 2021, and 15 each succeeding school year, an accreditation, monitoring, 16 and enforcement process for school districts and nonpublic 17 schools seeking accreditation pursuant to this subsection and 18 subsections 11 and 12. The process established shall include 19 all of the following requirements: 20 a. Phase I monitoring. 21 (1) Phase I monitoring shall consist of annual monitoring by 22 the department of all accredited schools and school districts 23 for compliance with state and federal school laws, regulations, 24 and rules adopted by the state board under chapter 17A, 25 including but not limited to the following: 26 (a) Accreditation standards adopted by the state board as 27 provided in this section. 28 (b) Fiscal compliance. 29 (c) Federal education laws including but not limited to the 30 federal Elementary and Secondary Education Act of 1965, and the 31 federal Individuals with Disabilities Education Act, 20 U.S.C. 32 §1400 et seq., as amended. 33 (d) The federal Civil Rights Act of 1964 and chapter 216. 34 (e) All other requirements of this title applicable to 35 -1- HF 868.2339 (1) 89 kh/tm 1/ 10 #1.

accredited schools and school districts. 1 (2) Phase I monitoring may include but shall not be limited 2 to the following: 3 (a) One or more desk audits requiring submission of 4 information to the department in a manner and on forms 5 prescribed by the department. 6 (b) One or more remote or on-site visits to schools or 7 school districts to address accreditation issues identified in 8 a desk audit. Such a visit may be conducted by an individual 9 departmental consultant or may be a comprehensive site visit 10 by a team of departmental consultants and other subject-matter 11 professionals. 12 (c) A review of district finances by department staff or a 13 neutral third party. 14 (d) A review of local school board policies and procedures 15 by department staff or a neutral third party. 16 (3) The department shall provide a public report annually of 17 findings of noncompliance and required corrective actions for 18 each accredited school and school district. The purpose of the 19 phase I process is to bring schools and school districts into 20 minimum compliance with federal and state laws, regulations, 21 and rules and no citation or corrective action may be designed 22 to require more than minimum compliance. 23 (4) The department shall provide a written report 24 annually to the state board of any monitoring review resulting 25 in multiple or substantial findings of noncompliance or 26 noncompliance findings that remain uncorrected for more 27 than thirty days past the deadline set by the department for 28 correction. 29 (5) The department shall eliminate duplicative reporting 30 on the part of schools and school districts for phase I 31 monitoring, and is prohibited from collecting information not 32 specifically permitted by federal or state law, regulation, or 33 rule. 34 (6) Enforcement actions under phase I monitoring are 35 -2- HF 868.2339 (1) 89 kh/tm 2/ 10

limited to actions permitted pursuant to paragraph “c” , 1 subparagraphs (2) and (3). Violations of federal legal 2 requirements shall follow the procedures and limitations of the 3 governing statute. 4 b. Phase II monitoring. 5 (1) Phase II monitoring shall take place when any of the 6 following conditions are present: 7 (a) When either the annual monitoring or the biennial 8 on-site visit of phase I indicates that an accredited school or 9 school district is deficient and fails to be in compliance with 10 accreditation standards. 11 (b) In response to a petition filed with the director 12 requesting such an accreditation committee visitation that is 13 signed by eligible electors residing in the school district 14 equal in number to at least twenty percent of the registered 15 voters of the school district. 16 (c) In response to a petition filed with the director 17 requesting such an accreditation committee visitation that is 18 signed by twenty percent or more of the parents or guardians 19 who have children enrolled in the school or school district. 20 (d) At the direction of the state board. 21 (e) The school budget review committee submits to the 22 department a recommendation for a fiscal review pursuant to 23 section 257.31, subsection 18. 24 (2) Phase II monitoring shall consist of a full desk audit 25 of all monitoring requirements and an on-site visit to the 26 school or school district for the purpose of determining the 27 extent of noncompliance, the reason for lack of correction, if 28 applicable, and a recommendation for corrective action to the 29 director and the state board. 30 (3) Phase II monitoring requires the use of an accreditation 31 committee appointed by the director. The accreditation 32 committee shall be made up primarily of department staff but 33 may request the assistance of third-party specialists at the 34 discretion of the director. An accreditation committee visit 35 -3- HF 868.2339 (1) 89 kh/tm 3/ 10

to a nonpublic school requires membership on the committee 1 from nonpublic school instructional or administrative staff or 2 board members. A member of a committee shall not have a direct 3 interest in the school district or nonpublic school being 4 visited. 5 (4) After visiting the school district or nonpublic 6 school, the accreditation committee shall, within thirty 7 days, determine whether the accreditation standards have been 8 met and shall make a report to the director, together with a 9 recommendation on what enforcement actions, if any, should be 10 recommended to the state board. 11 c. Enforcement. 12 (1) The department shall enforce the laws, regulations, 13 and rules applicable to school districts and nonpublic schools 14 consistent with the process outlined in this subsection. The 15 department shall coordinate its enforcement of chapter 216 with 16 the Iowa state civil rights commission to reduce duplication 17 of efforts. 18 (2) If, after having an opportunity to correct, if 19 permitted, a school district is found to be in noncompliance 20 with federal education laws including but not limited to the 21 federal Elementary and Secondary Education Act of 1965, the 22 federal Individuals with Disabilities Education Act, 20 U.S.C. 23 §1400 et seq., as amended, the federal Civil Rights Act of 24 1964, chapter 216, section 279.73 if enacted by House File 744, 25 or section 279.74 if enacted by House File 802, the director 26 shall recommend that the state board shall do one of the 27 following within thirty days of the finding of noncompliance: 28 (a) Impose conditions on funding provided to a school 29 district, including directing the use of school district funds 30 and designating the school district a high-risk grantee under 31 2 C.F.R. §200.207. 32 (b) Withhold payment of state or federal funds to a 33 school district, in whole or in part, until noncompliance 34 is corrected. Initial withholding of state funds is at the 35 -4- HF 868.2339 (1) 89 kh/tm 4/ 10

discretion of the director for a period of sixty calendar days, 1 after which it is subject to approval of the state board every 2 sixty calendar days. Withholding of federal funds is subject 3 to the governing federal statute or regulation. 4 (3) The director may use any of the following permitted 5 enforcement mechanisms and shall exercise discretion to ensure 6 that enforcement actions are proportionate to school district 7 or nonpublic school noncompliance: 8 (a) Advise the school district or nonpublic school on the 9 availability of appropriate technical assistance. 10 (b) Require the school district or nonpublic school to 11 complete a corrective action plan or plan for improvement by 12 a reasonable deadline. 13 (c) Recommend a phase II visit to the school district or 14 nonpublic school to the state board. 15 (d) Refer conduct of school district or nonpublic school 16 staff or school board members, or school authorities, to the 17 office of the attorney general for investigation. 18 (e) Refer financial concerns to the auditor of state for 19 investigation. 20 (f) Recommend removal of accreditation of the school 21 district or school to the state board. 22 (g) Take any other enforcement mechanism available to the 23 director. 24 (4) The department shall focus enforcement activities on 25 all of the following: 26 (a) Improving educational results for children, families, 27 and students. 28 (b) Ensuring that public agencies and their governing 29 boards meet requirements of state and federal laws. 30 11. a. If the recommendation pursuant to subsection 10 31 is that a school district or nonpublic school not remain 32 accredited, the accreditation committee shall provide the 33 school district or nonpublic school with a report that includes 34 a list of all of the deficiencies, a plan prescribing the 35 -5- HF 868.2339 (1) 89 kh/tm 5/ 10

actions that must be taken to correct the deficiencies, and 1 a deadline date for completion of the prescribed actions. 2 The accreditation committee shall advise the school district 3 or nonpublic school of available resources and technical 4 assistance to improve areas of weakness. The school district 5 or nonpublic school shall be provided with the opportunity 6 to respond to the accreditation committee’s report. The 7 director shall review the accreditation committee’s report 8 and the response of the school district or nonpublic school 9 and shall provide a report to the state board along with 10 copies of the accreditation committee’s report, the response 11 to the accreditation committee’s report, and other pertinent 12 information. At the request of the school district or 13 nonpublic school, the school district or nonpublic school may 14 appear before the state board and address the state board 15 directly regarding any part of the plan specified in the 16 report. The state board may modify the plan. During the 17 period of time specified in the plan for its implementation by 18 a school district or nonpublic school, the school district or 19 school shall remain accredited. 20 b. The accreditation committee shall revisit the school 21 district or nonpublic school and shall determine whether the 22 deficiencies in the standards have been corrected. 23 c. The accreditation team shall make a report and 24 recommendation to the director and the state board. The 25 committee recommendation shall specify whether the school 26 district or nonpublic school shall remain accredited. For a 27 school district, the committee report and recommendation shall 28 also specify under what conditions the district may remain 29 accredited. The conditions may include but are not limited to 30 providing temporary oversight authority, operational authority, 31 or both oversight and operational authority to the director and 32 the state board for some or all aspects of the school district 33 in order to bring the school district into compliance with 34 minimum standards. 35 -6- HF 868.2339 (1) 89 kh/tm 6/ 10

d. The state board shall review the report and 1 recommendation, may request additional information, and shall 2 determine whether the deficiencies have been corrected. 3 e. If the deficiencies have not been corrected, and the 4 conditional accreditation alternatives contained in the report 5 are not mutually acceptable to the state board and the local 6 board, the state board shall deaccredit the school district and 7 merge the territory of the school district with one or more 8 contiguous school districts at the end of the school year. The 9 state board may place a district under receivership for the 10 remainder of the school year. The receivership shall be under 11 the direct supervision and authority of the area education 12 agency in which the district is located. The decision of 13 whether to deaccredit the school district or to place the 14 district under receivership shall be based upon a determination 15 by the state board of the best interests of the students, 16 parents, residents of the community, teachers, administrators, 17 and school district board members and upon the recommendations 18 of the accreditation committee and the director. 19 f. In the case of a nonpublic school, if the deficiencies 20 have not been corrected, the state board may deaccredit the 21 nonpublic school. The deaccreditation shall take effect on the 22 date established by the resolution of the state board, which 23 shall be no later than the end of the school year in which the 24 nonpublic school is deaccredited. 25 Sec. ___. Section 272.2, Code 2021, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 24. Establish, collect, and refund 28 fees from an administrator for the administrative costs 29 of processing complaints and conducting hearings if the 30 administrator is the respondent in a complaint for violation of 31 the code of professional conduct and ethics, developed pursuant 32 to subsection 1, for which final board action results in a 33 sanction against the administrator. 34 Sec. ___. Section 272.10, Code 2021, is amended by adding 35 -7- HF 868.2339 (1) 89 kh/tm 7/ 10

the following new subsection: 1 NEW SUBSECTION . 5. The fees established by the board 2 for the administrative costs of processing complaints and 3 conducting hearings pursuant to section 272.2, subsection 24, 4 may include a fee for personal service by a sheriff, a fee for 5 legal notice when placed in a newspaper, transcription service 6 or court reporter fee, and other fees assessed as costs by 7 the board. The fees collected annually in accordance with 8 this subsection shall be retained by and are appropriated to 9 the board for the purposes related to the board’s duties. 10 Notwithstanding section 8.33, fees retained by and appropriated 11 to the board pursuant to this subsection that remain 12 unencumbered or unobligated at the close of the fiscal year 13 shall not revert but shall remain available for expenditure for 14 the activities of the board as provided in this chapter until 15 the close of the succeeding fiscal year. 16 Sec. ___. NEW SECTION . 279.8B Petition for public hearing. 17 1. Upon petition signed by eligible electors of a school 18 district equal in number to at least five percent of the 19 persons who voted in the last preceding election of school 20 officials under section 277.1, the board of directors of the 21 school district shall hold a public hearing on the proposal 22 specified in the petition. If the proposal relates to 23 curriculum, the school district may halt use of the subject 24 instructional materials until the school board holds the public 25 hearing and makes a decision regarding the proposal. 26 2. The board of directors of the school district shall 27 hold the public hearing within thirty days of receipt of the 28 petition filed in accordance with subsection 1. Notice of the 29 time and place of the public hearing shall be posted for public 30 viewing on the school district’s internet site for at least the 31 five days immediately preceding the public hearing. Notice 32 shall include a brief description of the proposal. 33 Sec. ___. Section 279.66, Code 2021, is amended to read as 34 follows: 35 -8- HF 868.2339 (1) 89 kh/tm 8/ 10

279.66 Discipline and personal conduct standards. 1 1. The board of directors of a school district shall review 2 and modify existing policies related to student discipline 3 and student conduct that are designed to promote responsible 4 behavior on school property and at school functions in 5 order that the policy shall govern the conduct of students, 6 teachers and other school personnel, and visitors; provide 7 opportunities for students to exercise self-discipline 8 and practice cooperative classroom behavior; and encourage 9 students and practitioners to model fairness, equity, and 10 respect. The policy shall specify the responsibilities of 11 students, parents and guardians, and practitioners in creating 12 an atmosphere where all individuals feel a sense of respect, 13 safety, and belonging, and shall set forth the consequences for 14 unacceptable behavior. The policy shall be published in the 15 student handbook. 16 2. The board of directors of a school district shall 17 include or reference in the student handbook guidance published 18 pursuant to section 256.9, subsection 63, by the department of 19 education for parents, guardians, and community members who 20 have concerns about school districts or their governing boards. 21 Sec. ___. NEW SECTION . 279.75 Training for equity 22 coordinators. 23 The board of directors of a school district shall provide 24 training on free speech under the first amendment to the 25 Constitution of the United States to any equity coordinator 26 employed by the school district. 27 Sec. ___. CODE EDITOR DIRECTIVE. The Code editor shall 28 correct and eliminate any references in this division of this 29 Act to Code section 279.73 or 279.74, as appropriate, if either 30 or both Code sections are not enacted by House File 744 or 31 House File 802, by the Eighty-ninth General Assembly, 2021 32 Regular Session, or any extraordinary session. 33 Sec. ___. TRANSITION PROVISION —— ACCREDITATION. School 34 districts and accredited nonpublic schools that are currently 35 -9- HF 868.2339 (1) 89 kh/tm 9/ 10

accredited on the effective date of this division of this Act 1 shall remain accredited until the state board of education 2 adopts rules, and the department of education implements such 3 rules, to administer the accreditation process established 4 in accordance with section 256.11, subsections 10 and 11, as 5 amended by this division of this Act. > 6 2. By renumbering as necessary. 7 ______________________________ BRINK of Mahaska -10- HF 868.2339 (1) 89 kh/tm 10/ 10 #2.