House File 2279 H-8018 Amend the amendment, H-8008, to House File 2279, as follows: 1 1. Page 1, after line 3 by inserting 2 < DIVISION I 3 ECONOMIC DEVELOPMENT LEGISLATIVE FINDINGS > 4 2. Page 2, after line 3 by inserting 5 < DIVISION ___ 6 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 7 Sec. ___. Section 20.3, subsections 11 and 13, Code 2022, 8 are amended by striking the subsections. 9 Sec. ___. Section 20.6, subsection 1, Code 2022, is amended 10 to read as follows: 11 1. Administer Interpret, apply, and administer the 12 provisions of this chapter . 13 Sec. ___. Section 20.6, subsections 6 and 7, Code 2022, are 14 amended by striking the subsections. 15 Sec. ___. Section 20.7, subsection 2, Code 2022, is amended 16 to read as follows: 17 2. Hire, evaluate, promote, demote, transfer, assign, and 18 retain public employees in positions within the public agency. 19 Sec. ___. Section 20.8, subsection 5, Code 2022, is amended 20 by striking the subsection. 21 Sec. ___. Section 20.9, Code 2022, is amended by striking 22 the section and inserting in lieu thereof the following: 23 20.9 Scope of negotiations. 24 1. The public employer and the employee organization 25 shall meet at reasonable times, including meetings reasonably 26 in advance of the public employer’s budget-making process, 27 to negotiate in good faith with respect to wages, hours, 28 vacations, insurance, holidays, leaves of absence, shift 29 differentials, overtime compensation, supplemental pay, 30 seniority, transfer procedures, job classifications, health and 31 safety matters, evaluation procedures, procedures for staff 32 reduction, in-service training, and other matters mutually 33 agreed upon. Negotiations shall also include terms authorizing 34 dues checkoff for members of the employee organization and 35 -1- H 8008.3054 (2) 89 dg/rn 1/ 37 #1. #2.

grievance procedures for resolving any questions arising under 1 the agreement, which shall be embodied in a written agreement 2 and signed by the parties. If an agreement provides for dues 3 checkoff, a member’s dues may be checked off only upon the 4 member’s written request and the member may terminate the dues 5 checkoff at any time by giving thirty days’ written notice. 6 Such obligation to negotiate in good faith does not compel 7 either party to agree to a proposal or make a concession. 8 2. Nothing in this section shall diminish the authority 9 and power of the department of administrative services, board 10 of regents’ merit system, Iowa public broadcasting board’s 11 merit system, or any civil service commission established by 12 constitutional provision, statute, charter, or special act to 13 recruit employees, prepare, conduct and grade examinations, 14 rate candidates in order of their relative scores for 15 certification for appointment or promotion or for other matters 16 of classification, reclassification or appeal rights in the 17 classified service of the public employer served. 18 3. All retirement systems shall be excluded from the scope 19 of negotiations. 20 Sec. ___. Section 20.10, subsection 3, paragraph j, Code 21 2022, is amended by striking the paragraph. 22 Sec. ___. Section 20.12, subsection 5, Code 2022, is amended 23 to read as follows: 24 5. If an employee organization or any of its officers 25 is held to be in contempt of court for failure to comply 26 with an injunction pursuant to this section , or is convicted 27 of violating this section , the employee organization shall 28 be immediately decertified, shall cease to represent the 29 bargaining unit, shall cease to receive any dues by checkoff, 30 and may again be certified only after twenty-four twelve months 31 have elapsed from the effective date of decertification and 32 only if after a new petition for certification pursuant to 33 compliance with section 20.14 is filed and a new certification 34 election pursuant to section 20.15 is held . The penalties 35 -2- H 8008.3054 (2) 89 dg/rn 2/ 37

provided in this section may be suspended or modified by the 1 court, but only upon request of the public employer and only 2 if the court determines the suspension or modification is in 3 the public interest. 4 Sec. ___. Section 20.15, Code 2022, is amended by striking 5 the section and inserting in lieu thereof the following: 6 20.15 Elections. 7 1. Upon the filing of a petition for certification of an 8 employee organization, the board shall submit a question to 9 the public employees at an election in the bargaining unit 10 found appropriate by the board. The question on the ballot 11 shall permit the public employees to vote for no bargaining 12 representation or for any employee organization which has 13 petitioned for certification or which has presented proof 14 satisfactory to the board of support of ten percent or more of 15 the public employees in the appropriate unit. 16 2. If a majority of the votes cast on the question is 17 for no bargaining representation, the public employees in 18 the bargaining unit found appropriate by the board shall not 19 be represented by an employee organization. If a majority 20 of the votes cast on the question is for a listed employee 21 organization, then that employee organization shall represent 22 the public employees in the bargaining unit found appropriate 23 by the board. 24 3. If none of the choices on the ballot receive the vote 25 of a majority of the public employees voting, the board shall 26 conduct a runoff election among the two choices receiving the 27 greatest number of votes. 28 4. Upon written objections filed by any party to the 29 election within ten days after notice of the results of 30 the election, if the board finds that misconduct or other 31 circumstances prevented the public employees eligible to 32 vote from freely expressing their preferences, the board may 33 invalidate the election and hold a second election for the 34 public employees. 35 -3- H 8008.3054 (2) 89 dg/rn 3/ 37

5. Upon completion of a valid election in which the majority 1 choice of the employees voting is determined, the board shall 2 certify the results of the election and shall give reasonable 3 notice of the order to all employee organizations listed on the 4 ballot, the public employers, and the public employees in the 5 appropriate bargaining unit. 6 6. a. A petition for certification as exclusive bargaining 7 representative of a bargaining unit shall not be considered 8 by the board for a period of one year from the date of the 9 noncertification of an employee organization as the exclusive 10 bargaining representative of that bargaining unit following a 11 certification election. A petition for certification as the 12 exclusive bargaining representative of a bargaining unit shall 13 also not be considered by the board if the bargaining unit is 14 at that time represented by a certified exclusive bargaining 15 representative. 16 b. A petition for the decertification of the exclusive 17 bargaining representative of a bargaining unit shall not be 18 considered by the board for a period of one year from the date 19 of its certification, or within one year of its continued 20 certification following a decertification election, or during 21 the duration of a collective bargaining agreement which, for 22 purposes of this section, shall be deemed not to exceed two 23 years. However, if a petition for decertification is filed 24 during the duration of a collective bargaining agreement, the 25 board shall award an election under this section not more than 26 one hundred eighty days and not less than one hundred fifty 27 days prior to the expiration of the collective bargaining 28 agreement. If an employee organization is decertified, the 29 board may receive petitions under section 20.14, provided that 30 no such petition and no election conducted pursuant to such 31 petition within one year from decertification shall include as 32 a party the decertified employee organization. 33 c. A collective bargaining agreement with the state, its 34 boards, commissions, departments, and agencies shall be for two 35 -4- H 8008.3054 (2) 89 dg/rn 4/ 37

years. The provisions of a collective bargaining agreement or 1 arbitrator’s award affecting state employees shall not provide 2 for renegotiations which would require the refinancing of 3 salary and fringe benefits for the second year of the term of 4 the agreement, except as provided in section 20.17, subsection 5 6. The effective date of any such agreement shall be July 1 of 6 odd-numbered years, provided that if an exclusive bargaining 7 representative is certified on a date which will prevent the 8 negotiation of a collective bargaining agreement prior to 9 July 1 of odd-numbered years for a period of two years, the 10 certified collective bargaining representative may negotiate 11 a one-year contract with the public employer which shall be 12 effective from July 1 of the even-numbered year to July 1 13 of the succeeding odd-numbered year when new contracts shall 14 become effective. 15 Sec. ___. Section 20.17, subsection 8, Code 2022, is amended 16 by striking the subsection and inserting in lieu thereof the 17 following: 18 8. The salaries of all public employees of the state under 19 a merit system and all other fringe benefits which are granted 20 to all public employees of the state shall be negotiated with 21 the governor or the governor’s designee on a statewide basis, 22 except those benefits which are not subject to negotiations 23 pursuant to the provisions of section 20.9. 24 Sec. ___. Section 20.17, Code 2022, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 8A. A public employee or any employee 27 organization shall not negotiate or attempt to negotiate 28 directly with a member of the governing board of a public 29 employer if the public employer has appointed or authorized 30 a bargaining representative for the purpose of bargaining 31 with the public employees or their representative, unless the 32 member of the governing board is the designated bargaining 33 representative of the public employer. 34 Sec. ___. Section 20.22, subsections 2, 3, 7, 9, and 10, 35 -5- H 8008.3054 (2) 89 dg/rn 5/ 37

Code 2022, are amended to read as follows: 1 2. Each party shall serve its final offer on each of 2 the impasse items upon the other party within four days of 3 the board’s receipt of the request for arbitration , or by a 4 deadline otherwise agreed upon by the parties . The parties may 5 continue to negotiate all offers until an agreement is reached 6 or an award is rendered by the arbitrator. The full costs of 7 arbitration under this section shall be shared equally by the 8 parties to the dispute. 9 3. The submission of the impasse items to the arbitrator 10 shall be limited to those items upon which the parties have 11 not reached agreement. With respect to each such item, the 12 arbitrator’s award shall be restricted to the final offers on 13 each impasse item submitted by the parties to the arbitrator , 14 except as provided in subsection 10 , paragraph “b” . 15 7. For an arbitration involving a bargaining unit that 16 has at least thirty percent of members who are public safety 17 employees, the The arbitrator shall consider and specifically 18 address in the arbitrator’s determination , in addition to any 19 other relevant factors, the following factors: 20 a. Past collective bargaining contracts between the parties 21 including the bargaining that led up to such contracts. 22 b. Comparison of wages, hours, and conditions of employment 23 of the involved public employees with those of other public 24 employees doing comparable work, giving consideration to 25 factors peculiar to the area and the classifications involved. 26 c. The interests and welfare of the public, the ability of 27 the public employer to finance economic adjustments, and the 28 effect of such adjustments on the normal standard of services. 29 d. The power of the public employer to levy taxes and 30 appropriate funds for the conduct of its operations. 31 9. a. The arbitrator may administer oaths, examine 32 witnesses and documents, take testimony and receive evidence, 33 and issue subpoenas to compel the attendance of witnesses and 34 the production of records. The arbitrator may petition the 35 -6- H 8008.3054 (2) 89 dg/rn 6/ 37

district court at the seat of government or of the county 1 in which the hearing is held to enforce the order of the 2 arbitrator compelling the attendance of witnesses and the 3 production of records. 4 b. Except as required for purposes of the consideration of 5 the factors specified in subsection 7 , paragraphs “a” through 6 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 7 (3), the parties shall not introduce, and the arbitrator 8 shall not accept or consider, any direct or indirect evidence 9 regarding any subject excluded from negotiations pursuant to 10 section 20.9 . 11 10. a. The arbitrator shall select within fifteen 12 days after the hearing the most reasonable offer, in the 13 arbitrator’s judgment, of the final offers on each impasse item 14 submitted by the parties. 15 b. (1) However, for an arbitration involving a bargaining 16 unit that does not have at least thirty percent of members who 17 are public safety employees, with respect to any increase in 18 base wages, the arbitrator’s award shall not exceed the lesser 19 of the following percentages in any one-year period in the 20 duration of the bargaining agreement: 21 (a) Three percent. 22 (b) A percentage equal to the increase in the consumer 23 price index for all urban consumers for the midwest region, 24 if any, as determined by the United States department of 25 labor, bureau of labor statistics, or a successor index. Such 26 percentage shall be the change in the consumer price index 27 for the twelve-month period beginning eighteen months prior 28 to the month in which the impasse item regarding base wages 29 was submitted to the arbitrator and ending six months prior to 30 the month in which the impasse item regarding base wages was 31 submitted to the arbitrator. 32 (2) To assist the parties in the preparation of their final 33 offers on an impasse item regarding base wages, the board 34 shall provide information to the parties regarding the change 35 -7- H 8008.3054 (2) 89 dg/rn 7/ 37

in the consumer price index for all urban consumers for the 1 midwest region for any twelve-month period. The department of 2 workforce development shall assist the board in preparing such 3 information upon request. 4 Sec. ___. Section 20.22, subsection 8, Code 2022, is amended 5 by striking the subsection. 6 Sec. ___. Section 20.26, subsection 4, Code 2022, is amended 7 to read as follows: 8 4. Nothing in this section shall be construed to prohibit 9 voluntary contributions by individuals to political parties 10 or candidates , provided that such contributions are not made 11 through payroll deductions . 12 Sec. ___. Section 20.29, Code 2022, is amended to read as 13 follows: 14 20.29 Filing agreement —— public access —— internet site . 15 1. Collective bargaining agreements shall be in writing and 16 shall be signed by the parties. 17 2. A copy of a collective bargaining agreement entered into 18 between a public employer and a certified employee organization 19 and made final under this chapter shall be filed with the board 20 by the public employer within ten days of the date on which the 21 agreement is entered into. 22 3. Copies of collective bargaining agreements entered 23 into between the state and the state employees’ bargaining 24 representatives and made final under this chapter shall be 25 filed with the secretary of state and be made available to the 26 public at cost. 27 4. The board shall maintain an internet site that allows 28 searchable access to a database of collective bargaining 29 agreements and other collective bargaining information. 30 Sec. ___. Section 20.30, Code 2022, is amended by striking 31 the section and inserting in lieu thereof the following: 32 20.30 Supervisory member —— no reduction before retirement. 33 1. A supervisory member of any department or agency 34 employed by the state of Iowa shall not be granted a voluntary 35 -8- H 8008.3054 (2) 89 dg/rn 8/ 37

reduction to a nonsupervisory rank or grade during the six 1 months preceding retirement of the member. A member of any 2 department or agency employed by the state of Iowa who retires 3 in less than six months after voluntarily requesting and 4 receiving a reduction in rank or grade from a supervisory to a 5 nonsupervisory position shall be ineligible for a benefit to 6 which the member is entitled as a nonsupervisory member but is 7 not entitled as a supervisory member. 8 2. The provisions of this section shall be effective during 9 the collective bargaining agreement in effect from July 1, 10 1979, to June 30, 1981. 11 Sec. ___. Section 20.31, subsection 2, unnumbered paragraph 12 1, Code 2022, is amended to read as follows: 13 A mediator shall not be required to testify in any judicial, 14 administrative, arbitration, or grievance proceeding regarding 15 any matters occurring in the course of a mediation, including 16 any verbal or written communication or behavior, other than 17 facts relating exclusively to the timing or scheduling of 18 mediation. A mediator shall not be required to produce or 19 disclose any documents, including notes, memoranda, or other 20 work product, relating to mediation, other than documents 21 relating exclusively to the timing or scheduling of mediation. 22 This subsection shall not apply in any of the following 23 circumstances: 24 Sec. ___. Section 22.7, subsection 69, Code 2022, is amended 25 to read as follows: 26 69. The evidence of public employee support for 27 the certification , retention and recertification, or 28 decertification of an employee organization as defined in 29 section 20.3 that is submitted to the public employment 30 relations board as provided in section 20.14 or 20.15 . 31 Sec. ___. Section 22.7, subsection 70, Code 2022, is amended 32 by striking the subsection. 33 Sec. ___. Section 70A.17A, Code 2022, is amended by adding 34 the following new subsection: 35 -9- H 8008.3054 (2) 89 dg/rn 9/ 37

NEW SUBSECTION . 3. This section shall not affect a payroll 1 deduction elected by a state employee pursuant to section 2 70A.19. 3 Sec. ___. Section 70A.19, Code 2022, is amended by striking 4 the section and inserting in lieu thereof the following: 5 70A.19 Duration of state payroll deduction for dues of 6 employee organization member. 7 A state employee who elects a payroll deduction for 8 membership dues to an employee organization pursuant to the 9 provisions of a collective bargaining agreement negotiated 10 under the provisions of chapter 20 shall maintain the deduction 11 for a period of one year or until the expiration of the 12 collective bargaining agreement, whichever occurs first. A 13 state employee who transfers employment to a position covered 14 by a different collective bargaining agreement or who becomes 15 a management employee is not subject to this requirement. 16 With respect to state employees, this section supersedes the 17 provisions of section 20.9 allowing termination of a dues 18 checkoff at any time but does not supersede the requirement for 19 thirty days’ written notice of termination. 20 Sec. ___. Section 412.2, subsection 1, Code 2022, is amended 21 to read as follows: 22 1. From the proceeds of the assessments on the wages 23 and salaries of employees, of any such waterworks system, 24 or other municipally owned and operated public utility, 25 eligible to receive the benefits thereof. Notwithstanding 26 any provisions of section 20.9 to the contrary, a council, 27 board of waterworks, or other board or commission which 28 establishes a pension and annuity retirement system pursuant to 29 this chapter, shall negotiate in good faith with a certified 30 employee organization as defined in section 20.3, which is the 31 collective bargaining representative of the employees, with 32 respect to the amount or rate of the assessment on the wages 33 and salaries of employees and the method or methods for payment 34 of the assessment by the employees. 35 -10- H 8008.3054 (2) 89 dg/rn 10/ 37

Sec. ___. Section 602.1401, subsection 3, paragraph b, Code 1 2022, is amended to read as follows: 2 b. For purposes of chapter 20 , the certified representative, 3 which on July 1, 1983, represents employees who become judicial 4 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 5 remain the certified representative when the employees become 6 judicial branch employees and thereafter, unless the public 7 employee organization is not retained and recertified or is 8 decertified in an election held under section 20.15 or amended 9 or absorbed into another certified organization pursuant to 10 chapter 20 . Collective bargaining negotiations shall be 11 conducted on a statewide basis and the certified employee 12 organizations which engage in bargaining shall negotiate on a 13 statewide basis, although bargaining units shall be organized 14 by judicial district. The public employment relations board 15 shall adopt rules pursuant to chapter 17A to implement this 16 subsection . 17 Sec. ___. REPEAL. Sections 20.32 and 20.33, Code 2022, are 18 repealed. 19 Sec. ___. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 20 RULES. 21 1. As of the effective date of this division of this Act, 22 parties, mediators, and arbitrators engaging in any collective 23 bargaining procedures provided for in chapter 20, Code 2022, 24 who have not, before the effective date of this division 25 of this Act, completed such procedures, shall immediately 26 terminate any such procedures in process. A collective 27 bargaining agreement negotiated pursuant to such procedures in 28 process shall not become effective. Parties, mediators, and 29 arbitrators shall not engage in further collective bargaining 30 procedures except as provided in this section. Such parties 31 shall commence collective bargaining in accordance with section 32 20.17, as amended in this division of this Act. Such parties 33 shall complete such bargaining not later than June 30, 2022, 34 unless the parties mutually agree to a different deadline. 35 -11- H 8008.3054 (2) 89 dg/rn 11/ 37

2. The public employment relations board shall adopt 1 emergency rules under section 17A.4, subsection 3, and section 2 17A.5, subsection 2, paragraph “b”, to provide for procedures 3 as deemed necessary to implement the provisions of this section 4 and the rules shall be effective immediately upon filing 5 unless a later date is specified in the rules. Such rules 6 shall include but are not limited to alternative deadlines for 7 completion of the procedures provided in sections 20.17 and 8 20.22, as amended by this division of this Act, and sections 9 20.19 and 20.20, which deadlines may be waived by mutual 10 agreement of the parties. 11 3. The department of administrative services shall adopt 12 emergency rules under section 17A.4, subsection 3, and 13 section 17A.5, subsection 2, paragraph “b”, to provide for the 14 implementation of section 70A.19, as amended by this division 15 of this Act, and the rules shall be effective immediately upon 16 filing unless a later date is specified in the rules. 17 Sec. ___. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 18 RELATIONS BOARD. 19 1. The public employment relations board shall cancel any 20 elections scheduled or in process pursuant to section 20.15, 21 subsection 2, Code 2022, as of the effective date of this Act. 22 2. Notwithstanding section 20.15, subsection 1, paragraph 23 “c”, Code 2022, the public employment relations board 24 shall consider a petition for certification of an employee 25 organization as the exclusive representative of a bargaining 26 unit for which an employee organization was not retained and 27 recertified as the exclusive representative of that bargaining 28 unit regardless of the amount of time that has elapsed since 29 the retention and recertification election at which an employee 30 organization was not retained or recertified. 31 Sec. ___. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 Sec. ___. APPLICABILITY. With the exception of the 34 section of this division of this Act amending section 20.6, 35 -12- H 8008.3054 (2) 89 dg/rn 12/ 37

subsection 1, this division of this Act does not apply to 1 collective bargaining agreements which have been ratified in a 2 ratification election referred to in section 20.17, subsection 3 4, for which an arbitrator has made a final determination as 4 described in section 20.22, subsection 11, or which have become 5 effective, where such events occurred before the effective 6 date of this division of this Act. This division of this Act 7 applies to all collective bargaining procedures provided for in 8 chapter 20 occurring on and after the effective date of this 9 division of this Act and collective bargaining agreements for 10 which a ratification election referred to in section 20.17, 11 subsection 4, is held, for which an arbitrator makes a final 12 determination as described in section 20.22, subsection 11, or 13 which become effective on or after the effective date of this 14 division of this Act. 15 DIVISION ___ 16 EDUCATOR EMPLOYMENT MATTERS 17 Sec. ___. Section 279.13, subsections 2 and 5, Code 2022, 18 are amended to read as follows: 19 2. The contract shall remain in force and effect for the 20 period stated in the contract and shall be automatically 21 continued for equivalent periods except as modified or 22 terminated by mutual agreement of the board of directors and 23 the teacher or as modified or terminated in accordance with 24 the provisions specified in this chapter . A contract shall 25 not be offered by the employing board to a teacher under its 26 jurisdiction prior to March 15 of any year. A teacher who has 27 not accepted a contract for the ensuing school year tendered 28 by the employing board may resign effective at the end of the 29 current school year by filing a written resignation with the 30 secretary of the board. The resignation must be filed not 31 later than the last day of the current school year or the date 32 specified by the employing board for return of the contract, 33 whichever date occurs first. However, a teacher shall not be 34 required to return a contract to the board or to resign less 35 -13- H 8008.3054 (2) 89 dg/rn 13/ 37

than twenty-one days after the contract has been offered. 1 5. Notwithstanding the other provisions of this section , a 2 temporary contract may be issued to a teacher for a period of 3 up to six months. Notwithstanding the other provisions of this 4 section , a temporary contract may also be issued to a teacher 5 to fill a vacancy created by a leave of absence in accordance 6 with the provisions of section 29A.28 , which contract shall 7 automatically terminate upon return from military leave of the 8 former incumbent of the teaching position . Temporary contracts 9 and which contract shall not be subject to the provisions of 10 sections 279.15 through 279.19 , or section 279.27 . A separate 11 extracurricular contract issued pursuant to section 279.19A to 12 a person issued a temporary contract under this section shall 13 automatically terminate with the termination of the temporary 14 contract as required under section 279.19A, subsection 8 . 15 Sec. ___. Section 279.13, subsection 4, unnumbered 16 paragraph 1, Code 2022, is amended to read as follows: 17 For purposes of this section , sections 279.14 , 279.15 , 18 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 19 otherwise requires, “teacher” includes the following individuals 20 employed by a community college: 21 Sec. ___. Section 279.14, Code 2022, is amended to read as 22 follows: 23 279.14 Evaluation criteria and procedures. 24 1. The board shall establish evaluation criteria and shall 25 implement evaluation procedures. If an exclusive bargaining 26 representative has been certified, the board shall negotiate 27 in good faith with respect to evaluation procedures pursuant 28 to chapter 20. 29 2. The determination of standards of performance expected 30 of school district personnel shall be reserved as an exclusive 31 management right of the school board and shall not be subject 32 to mandatory negotiations under chapter 20 . Objections 33 Notwithstanding chapter 20, objections to the procedures, 34 use, or content of an evaluation in a teacher termination 35 -14- H 8008.3054 (2) 89 dg/rn 14/ 37

proceeding brought before the school board in a hearing held in 1 accordance with section 279.16 or 279.27 shall not be subject 2 to any the grievance procedures negotiated in accordance with 3 chapter 20 . A school district shall not be obligated to 4 process any evaluation grievance after service of a notice and 5 recommendation to terminate an individual’s continuing teaching 6 contract in accordance with this chapter. 7 Sec. ___. Section 279.15, subsection 2, paragraph c, Code 8 2022, is amended to read as follows: 9 c. Within five days of the receipt of the written notice 10 that the superintendent is recommending termination of the 11 contract, the teacher may request, in writing to the secretary 12 of the board, a private hearing with the board. The private 13 hearing shall not be subject to chapter 21 and shall be held 14 no sooner than twenty ten days and no later than forty twenty 15 days following the receipt of the request unless the parties 16 otherwise agree. The secretary of the board shall notify the 17 teacher in writing of the date, time, and location of the 18 private hearing, and at least ten five days before the hearing 19 shall also furnish to the teacher any documentation which 20 may be presented to the board at the private hearing and a 21 list of persons who may address the board in support of the 22 superintendent’s recommendation at the private hearing. At 23 least seven three days before the hearing, the teacher shall 24 provide any documentation the teacher expects to present at 25 the private hearing, along with the names of any persons who 26 may address the board on behalf of the teacher. This exchange 27 of information shall be at the time specified unless otherwise 28 agreed. 29 Sec. ___. Section 279.16, Code 2022, is amended by striking 30 the section and inserting in lieu thereof the following: 31 279.16 Private hearing —— decision —— record. 32 1. The participants at the private hearing shall be 33 at least a majority of the members of the board, their 34 legal representatives, if any, the superintendent, the 35 -15- H 8008.3054 (2) 89 dg/rn 15/ 37

superintendent’s designated representatives, if any, the 1 teacher’s immediate supervisor, the teacher, the teacher’s 2 representatives, if any, and the witnesses for the parties. 3 The evidence at the private hearing shall be limited to the 4 specific reasons stated in the superintendent’s notice of 5 recommendation of termination. No participant in the hearing 6 shall be liable for any damages to any person if any statement 7 at the hearing is determined to be erroneous as long as the 8 statement was made in good faith. The superintendent shall 9 present evidence and argument on all issues involved and 10 the teacher may cross-examine, respond and present evidence 11 and argument in the teacher’s behalf relevant to all issues 12 involved. Evidence may be by stipulation of the parties and 13 informal settlement may be made by stipulation, consent, or 14 default or by any other method agreed upon by the parties in 15 writing. The board shall employ a certified shorthand reporter 16 to keep a record of the private hearing. The proceedings 17 or any part thereof shall be transcribed at the request of 18 either party with the expense of transcription charged to the 19 requesting party. 20 2. The presiding officer of the board may administer oaths 21 in the same manner and with like effect and under the same 22 penalties as in the case of magistrates exercising criminal 23 or civil jurisdiction. The board shall cause subpoenas to be 24 issued for such witnesses and the production of such books 25 and papers as either the board or the teacher may designate. 26 The subpoenas shall be signed by the presiding officer of the 27 board. 28 3. In case a witness is duly subpoenaed and refuses to 29 attend, or in case a witness appears and refuses to testify 30 or to produce required books or papers, the board shall, 31 in writing, report such refusal to the district court of 32 the county in which the administrative office of the school 33 district is located, and the court shall proceed with the 34 person or witness as though the refusal had occurred in a 35 -16- H 8008.3054 (2) 89 dg/rn 16/ 37

proceeding legally pending before the court. 1 4. The board shall not be bound by common law or statutory 2 rules of evidence or by technical or formal rules of procedure, 3 but it shall hold the hearing in such manner as is best suited 4 to ascertain and conserve the substantial rights of the 5 parties. Process and procedure under sections 279.13 through 6 279.19 shall be as summary as reasonably may be. 7 5. At the conclusion of the private hearing, the 8 superintendent and the teacher may file written briefs and 9 arguments with the board within three days or such other time 10 as may be agreed upon. 11 6. If the teacher fails to timely request a private hearing 12 or does not appear at the private hearing, the board may 13 proceed and make a determination upon the superintendent’s 14 recommendation. If the teacher fails to timely file a request 15 for a private hearing, the determination shall be not later 16 than May 31. If the teacher fails to appear at the private 17 hearing, the determination shall be not later than five days 18 after the scheduled date for the private hearing. The board 19 shall convene in open session and by roll call vote determine 20 the termination or continuance of the teacher’s contract 21 and, if the board votes to continue the teacher’s contract, 22 whether to suspend the teacher with or without pay for a period 23 specified by the board. 24 7. Within five days after the private hearing, the board 25 shall, in executive session, meet to make a final decision 26 upon the recommendation and the evidence as herein provided. 27 The board shall also consider any written brief and arguments 28 submitted by the superintendent and the teacher. 29 8. The record for a private hearing shall include: 30 a. All pleadings, motions and intermediate rulings. 31 b. All evidence received or considered and all other 32 submissions. 33 c. A statement of all matters officially noticed. 34 d. All questions and offers of proof, objections and rulings 35 -17- H 8008.3054 (2) 89 dg/rn 17/ 37

thereon. 1 e. All findings and exceptions. 2 f. Any decision, opinion, or conclusion by the board. 3 g. Findings of fact shall be based solely on the evidence in 4 the record and on matters officially noticed in the record. 5 9. The decision of the board shall be in writing and shall 6 include findings of fact and conclusions of law, separately 7 stated. Findings of fact, if set forth in statutory language, 8 shall be accompanied by a concise and explicit statement of 9 the underlying facts supporting the findings. Each conclusion 10 of law shall be supported by cited authority or by reasoned 11 opinion. 12 10. When the board has reached a decision, opinion, or 13 conclusion, it shall convene in open meeting and by roll 14 call vote determine the continuance or discontinuance of the 15 teacher’s contract and, if the board votes to continue the 16 teacher’s contract, whether to suspend the teacher with or 17 without pay for a period specified by the board. The record 18 of the private conference and findings of fact and exceptions 19 shall be exempt from the provisions of chapter 22 . The 20 secretary of the board shall immediately mail notice of the 21 board’s action to the teacher. 22 Sec. ___. NEW SECTION . 279.17 Appeal by teacher to 23 adjudicator. 24 1. If the teacher is no longer a probationary teacher, the 25 teacher may, within ten days, appeal the determination of the 26 board to an adjudicator by filing a notice of appeal with the 27 secretary of the board. The notice of appeal shall contain a 28 concise statement of the action which is the subject of the 29 appeal, the particular board action appealed from, the grounds 30 on which relief is sought and the relief sought. 31 2. Within five days following receipt by the secretary 32 of the notice of appeal, the board or the board’s legal 33 representative, if any, and the teacher or the teacher’s 34 representative, if any, may select an adjudicator who resides 35 -18- H 8008.3054 (2) 89 dg/rn 18/ 37

within the boundaries of the merged area in which the school 1 district is located. If an adjudicator cannot be mutually 2 agreed upon within the five-day period, the secretary shall 3 notify the chairperson of the public employment relations board 4 by transmitting the notice of appeal, and the chairperson of 5 the public employment relations board shall within five days 6 provide a list of five adjudicators to the parties. Within 7 three days from receipt of the list of adjudicators, the 8 parties shall select an adjudicator by alternately removing a 9 name from the list until only one name remains. The person 10 whose name remains shall be the adjudicator. The parties shall 11 determine by lot which party shall remove the first name from 12 the list submitted by the chairperson of the public employment 13 relations board. The secretary of the board shall inform the 14 chairperson of the public employment relations board of the 15 name of the adjudicator selected. 16 3. If the teacher does not timely request an appeal to an 17 adjudicator, the decision, opinion, or conclusion of the board 18 shall become final and binding. 19 4. a. Within thirty days after filing the notice of appeal, 20 or within further time allowed by the adjudicator, the board 21 shall transmit to the adjudicator the original or a certified 22 copy of the entire record of the private hearing which may be 23 the subject of the petition. By stipulation of the parties 24 to review the proceedings, the record of the case may be 25 shortened. The adjudicator may require or permit subsequent 26 corrections or additions to the shortened record. 27 b. The record certified and filed by the board shall be the 28 record upon which the appeal shall be heard and no additional 29 evidence shall be heard by the adjudicator. In such appeal to 30 the adjudicator, especially when considering the credibility 31 of witnesses, the adjudicator shall give weight to the fact 32 findings of the board but shall not be bound by them. 33 5. Before the date set for hearing a petition for review 34 of board action, which shall be within ten days after 35 -19- H 8008.3054 (2) 89 dg/rn 19/ 37