House File 2355 H-8232 Amend the amendment, H-8225, to House File 2355, as follows: 1 1. By striking page 1, line 1, through page 5, line 29, and 2 inserting: 3 < Amend House File 2355, as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 ECONOMIC DEVELOPMENT LEGISLATIVE FINDINGS 8 Section 1. Section 96.2, Code 2022, is amended to read as 9 follows: 10 96.2 Guide for interpretation. 11 1. As a guide to the interpretation and application of 12 this chapter , the public policy of this state is declared to 13 be as follows: Economic insecurity due to unemployment is 14 a serious menace to the health, morals, and welfare of the 15 people of this state. Involuntary unemployment is therefore 16 a subject of general interest and concern which requires 17 appropriate action by the legislature to prevent its spread 18 and to lighten its burden which now so often falls with 19 crushing force upon the unemployed worker and the worker’s 20 family. The achievement of social security requires protection 21 against this greatest hazard of our economic life. This can 22 be provided by encouraging employers to provide more stable 23 employment and by the systematic accumulation of funds during 24 periods of employment to provide benefits for periods of 25 unemployment, thus maintaining purchasing power and limiting 26 the serious social consequences of poor relief assistance. 27 The legislature, therefore, declares that in its considered 28 judgment the public good and the general welfare of the 29 citizens of this state require the enactment of this measure, 30 under the police powers of the state, for the compulsory 31 setting aside of unemployment reserves to be used for the 32 benefit of persons unemployed through no fault of their own. 33 2. It is the finding of the legislature that true economic 34 development can only be achieved when workers are given the 35 -1- H 8225.3984 (2) 89 dg/rn 1/ 38 #1.

respect they deserve. Economic development must include all 1 residents of this state, including men and women, people of all 2 gender identities, minorities, and immigrants. The legislature 3 further finds that economic development should include but not 4 be limited to residents of this state being paid a living wage, 5 this state being a welcoming place for immigrants, child care 6 and housing being readily affordable and available, and public 7 workers having collective bargaining rights. 8 DIVISION II 9 PUBLIC EMPLOYEE COLLECTIVE BARGAINING 10 Sec. 2. Section 20.3, subsections 11 and 13, Code 2022, are 11 amended by striking the subsections. 12 Sec. 3. Section 20.6, subsection 1, Code 2022, is amended 13 to read as follows: 14 1. Administer Interpret, apply, and administer the 15 provisions of this chapter . 16 Sec. 4. Section 20.6, subsections 6 and 7, Code 2022, are 17 amended by striking the subsections. 18 Sec. 5. Section 20.7, subsection 2, Code 2022, is amended 19 to read as follows: 20 2. Hire, evaluate, promote, demote, transfer, assign, and 21 retain public employees in positions within the public agency. 22 Sec. 6. Section 20.8, subsection 5, Code 2022, is amended by 23 striking the subsection. 24 Sec. 7. Section 20.9, Code 2022, is amended by striking the 25 section and inserting in lieu thereof the following: 26 20.9 Scope of negotiations. 27 1. The public employer and the employee organization 28 shall meet at reasonable times, including meetings reasonably 29 in advance of the public employer’s budget-making process, 30 to negotiate in good faith with respect to wages, hours, 31 vacations, insurance, holidays, leaves of absence, shift 32 differentials, overtime compensation, supplemental pay, 33 seniority, transfer procedures, job classifications, health and 34 safety matters, evaluation procedures, procedures for staff 35 -2- H 8225.3984 (2) 89 dg/rn 2/ 38

reduction, in-service training, and other matters mutually 1 agreed upon. Negotiations shall also include terms authorizing 2 dues checkoff for members of the employee organization and 3 grievance procedures for resolving any questions arising under 4 the agreement, which shall be embodied in a written agreement 5 and signed by the parties. If an agreement provides for dues 6 checkoff, a member’s dues may be checked off only upon the 7 member’s written request and the member may terminate the dues 8 checkoff at any time by giving thirty days’ written notice. 9 Such obligation to negotiate in good faith does not compel 10 either party to agree to a proposal or make a concession. 11 2. Nothing in this section shall diminish the authority 12 and power of the department of administrative services, board 13 of regents’ merit system, Iowa public broadcasting board’s 14 merit system, or any civil service commission established by 15 constitutional provision, statute, charter, or special act to 16 recruit employees, prepare, conduct and grade examinations, 17 rate candidates in order of their relative scores for 18 certification for appointment or promotion or for other matters 19 of classification, reclassification or appeal rights in the 20 classified service of the public employer served. 21 3. All retirement systems shall be excluded from the scope 22 of negotiations. 23 Sec. 8. Section 20.10, subsection 3, paragraph j, Code 2022, 24 is amended by striking the paragraph. 25 Sec. 9. Section 20.12, subsection 5, Code 2022, is amended 26 to read as follows: 27 5. If an employee organization or any of its officers 28 is held to be in contempt of court for failure to comply 29 with an injunction pursuant to this section , or is convicted 30 of violating this section , the employee organization shall 31 be immediately decertified, shall cease to represent the 32 bargaining unit, shall cease to receive any dues by checkoff, 33 and may again be certified only after twenty-four twelve months 34 have elapsed from the effective date of decertification and 35 -3- H 8225.3984 (2) 89 dg/rn 3/ 38

only if after a new petition for certification pursuant to 1 compliance with section 20.14 is filed and a new certification 2 election pursuant to section 20.15 is held . The penalties 3 provided in this section may be suspended or modified by the 4 court, but only upon request of the public employer and only 5 if the court determines the suspension or modification is in 6 the public interest. 7 Sec. 10. Section 20.15, Code 2022, is amended by striking 8 the section and inserting in lieu thereof the following: 9 20.15 Elections. 10 1. Upon the filing of a petition for certification of an 11 employee organization, the board shall submit a question to 12 the public employees at an election in the bargaining unit 13 found appropriate by the board. The question on the ballot 14 shall permit the public employees to vote for no bargaining 15 representation or for any employee organization which has 16 petitioned for certification or which has presented proof 17 satisfactory to the board of support of ten percent or more of 18 the public employees in the appropriate unit. 19 2. If a majority of the votes cast on the question is 20 for no bargaining representation, the public employees in 21 the bargaining unit found appropriate by the board shall not 22 be represented by an employee organization. If a majority 23 of the votes cast on the question is for a listed employee 24 organization, then that employee organization shall represent 25 the public employees in the bargaining unit found appropriate 26 by the board. 27 3. If none of the choices on the ballot receive the vote 28 of a majority of the public employees voting, the board shall 29 conduct a runoff election among the two choices receiving the 30 greatest number of votes. 31 4. Upon written objections filed by any party to the 32 election within ten days after notice of the results of 33 the election, if the board finds that misconduct or other 34 circumstances prevented the public employees eligible to 35 -4- H 8225.3984 (2) 89 dg/rn 4/ 38

vote from freely expressing their preferences, the board may 1 invalidate the election and hold a second election for the 2 public employees. 3 5. Upon completion of a valid election in which the majority 4 choice of the employees voting is determined, the board shall 5 certify the results of the election and shall give reasonable 6 notice of the order to all employee organizations listed on the 7 ballot, the public employers, and the public employees in the 8 appropriate bargaining unit. 9 6. a. A petition for certification as exclusive bargaining 10 representative of a bargaining unit shall not be considered 11 by the board for a period of one year from the date of the 12 noncertification of an employee organization as the exclusive 13 bargaining representative of that bargaining unit following a 14 certification election. A petition for certification as the 15 exclusive bargaining representative of a bargaining unit shall 16 also not be considered by the board if the bargaining unit is 17 at that time represented by a certified exclusive bargaining 18 representative. 19 b. A petition for the decertification of the exclusive 20 bargaining representative of a bargaining unit shall not be 21 considered by the board for a period of one year from the date 22 of its certification, or within one year of its continued 23 certification following a decertification election, or during 24 the duration of a collective bargaining agreement which, for 25 purposes of this section, shall be deemed not to exceed two 26 years. However, if a petition for decertification is filed 27 during the duration of a collective bargaining agreement, the 28 board shall award an election under this section not more than 29 one hundred eighty days and not less than one hundred fifty 30 days prior to the expiration of the collective bargaining 31 agreement. If an employee organization is decertified, the 32 board may receive petitions under section 20.14, provided that 33 no such petition and no election conducted pursuant to such 34 petition within one year from decertification shall include as 35 -5- H 8225.3984 (2) 89 dg/rn 5/ 38

a party the decertified employee organization. 1 c. A collective bargaining agreement with the state, its 2 boards, commissions, departments, and agencies shall be for two 3 years. The provisions of a collective bargaining agreement or 4 arbitrator’s award affecting state employees shall not provide 5 for renegotiations which would require the refinancing of 6 salary and fringe benefits for the second year of the term of 7 the agreement, except as provided in section 20.17, subsection 8 6. The effective date of any such agreement shall be July 1 of 9 odd-numbered years, provided that if an exclusive bargaining 10 representative is certified on a date which will prevent the 11 negotiation of a collective bargaining agreement prior to 12 July 1 of odd-numbered years for a period of two years, the 13 certified collective bargaining representative may negotiate 14 a one-year contract with the public employer which shall be 15 effective from July 1 of the even-numbered year to July 1 16 of the succeeding odd-numbered year when new contracts shall 17 become effective. 18 Sec. 11. Section 20.17, subsection 8, Code 2022, is amended 19 by striking the subsection and inserting in lieu thereof the 20 following: 21 8. The salaries of all public employees of the state under 22 a merit system and all other fringe benefits which are granted 23 to all public employees of the state shall be negotiated with 24 the governor or the governor’s designee on a statewide basis, 25 except those benefits which are not subject to negotiations 26 pursuant to the provisions of section 20.9. 27 Sec. 12. Section 20.17, Code 2022, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 8A. A public employee or any employee 30 organization shall not negotiate or attempt to negotiate 31 directly with a member of the governing board of a public 32 employer if the public employer has appointed or authorized 33 a bargaining representative for the purpose of bargaining 34 with the public employees or their representative, unless the 35 -6- H 8225.3984 (2) 89 dg/rn 6/ 38

member of the governing board is the designated bargaining 1 representative of the public employer. 2 Sec. 13. Section 20.22, subsections 2, 3, 7, 9, and 10, Code 3 2022, are amended to read as follows: 4 2. Each party shall serve its final offer on each of 5 the impasse items upon the other party within four days of 6 the board’s receipt of the request for arbitration , or by a 7 deadline otherwise agreed upon by the parties . The parties may 8 continue to negotiate all offers until an agreement is reached 9 or an award is rendered by the arbitrator. The full costs of 10 arbitration under this section shall be shared equally by the 11 parties to the dispute. 12 3. The submission of the impasse items to the arbitrator 13 shall be limited to those items upon which the parties have 14 not reached agreement. With respect to each such item, the 15 arbitrator’s award shall be restricted to the final offers on 16 each impasse item submitted by the parties to the arbitrator , 17 except as provided in subsection 10 , paragraph “b” . 18 7. For an arbitration involving a bargaining unit that 19 has at least thirty percent of members who are public safety 20 employees, the The arbitrator shall consider and specifically 21 address in the arbitrator’s determination , in addition to any 22 other relevant factors, the following factors: 23 a. Past collective bargaining contracts between the parties 24 including the bargaining that led up to such contracts. 25 b. Comparison of wages, hours, and conditions of employment 26 of the involved public employees with those of other public 27 employees doing comparable work, giving consideration to 28 factors peculiar to the area and the classifications involved. 29 c. The interests and welfare of the public, the ability of 30 the public employer to finance economic adjustments, and the 31 effect of such adjustments on the normal standard of services. 32 d. The power of the public employer to levy taxes and 33 appropriate funds for the conduct of its operations. 34 9. a. The arbitrator may administer oaths, examine 35 -7- H 8225.3984 (2) 89 dg/rn 7/ 38

witnesses and documents, take testimony and receive evidence, 1 and issue subpoenas to compel the attendance of witnesses and 2 the production of records. The arbitrator may petition the 3 district court at the seat of government or of the county 4 in which the hearing is held to enforce the order of the 5 arbitrator compelling the attendance of witnesses and the 6 production of records. 7 b. Except as required for purposes of the consideration of 8 the factors specified in subsection 7 , paragraphs “a” through 9 “c” , and subsection 8 , paragraph “a” , subparagraphs (1) through 10 (3), the parties shall not introduce, and the arbitrator 11 shall not accept or consider, any direct or indirect evidence 12 regarding any subject excluded from negotiations pursuant to 13 section 20.9 . 14 10. a. The arbitrator shall select within fifteen 15 days after the hearing the most reasonable offer, in the 16 arbitrator’s judgment, of the final offers on each impasse item 17 submitted by the parties. 18 b. (1) However, for an arbitration involving a bargaining 19 unit that does not have at least thirty percent of members who 20 are public safety employees, with respect to any increase in 21 base wages, the arbitrator’s award shall not exceed the lesser 22 of the following percentages in any one-year period in the 23 duration of the bargaining agreement: 24 (a) Three percent. 25 (b) A percentage equal to the increase in the consumer 26 price index for all urban consumers for the midwest region, 27 if any, as determined by the United States department of 28 labor, bureau of labor statistics, or a successor index. Such 29 percentage shall be the change in the consumer price index 30 for the twelve-month period beginning eighteen months prior 31 to the month in which the impasse item regarding base wages 32 was submitted to the arbitrator and ending six months prior to 33 the month in which the impasse item regarding base wages was 34 submitted to the arbitrator. 35 -8- H 8225.3984 (2) 89 dg/rn 8/ 38

(2) To assist the parties in the preparation of their final 1 offers on an impasse item regarding base wages, the board 2 shall provide information to the parties regarding the change 3 in the consumer price index for all urban consumers for the 4 midwest region for any twelve-month period. The department of 5 workforce development shall assist the board in preparing such 6 information upon request. 7 Sec. 14. Section 20.22, subsection 8, Code 2022, is amended 8 by striking the subsection. 9 Sec. 15. Section 20.26, subsection 4, Code 2022, is amended 10 to read as follows: 11 4. Nothing in this section shall be construed to prohibit 12 voluntary contributions by individuals to political parties 13 or candidates , provided that such contributions are not made 14 through payroll deductions . 15 Sec. 16. Section 20.29, Code 2022, is amended to read as 16 follows: 17 20.29 Filing agreement —— public access —— internet site . 18 1. Collective bargaining agreements shall be in writing and 19 shall be signed by the parties. 20 2. A copy of a collective bargaining agreement entered into 21 between a public employer and a certified employee organization 22 and made final under this chapter shall be filed with the board 23 by the public employer within ten days of the date on which the 24 agreement is entered into. 25 3. Copies of collective bargaining agreements entered 26 into between the state and the state employees’ bargaining 27 representatives and made final under this chapter shall be 28 filed with the secretary of state and be made available to the 29 public at cost. 30 4. The board shall maintain an internet site that allows 31 searchable access to a database of collective bargaining 32 agreements and other collective bargaining information. 33 Sec. 17. Section 20.30, Code 2022, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -9- H 8225.3984 (2) 89 dg/rn 9/ 38

20.30 Supervisory member —— no reduction before retirement. 1 1. A supervisory member of any department or agency 2 employed by the state of Iowa shall not be granted a voluntary 3 reduction to a nonsupervisory rank or grade during the six 4 months preceding retirement of the member. A member of any 5 department or agency employed by the state of Iowa who retires 6 in less than six months after voluntarily requesting and 7 receiving a reduction in rank or grade from a supervisory to a 8 nonsupervisory position shall be ineligible for a benefit to 9 which the member is entitled as a nonsupervisory member but is 10 not entitled as a supervisory member. 11 2. The provisions of this section shall be effective during 12 the collective bargaining agreement in effect from July 1, 13 1979, to June 30, 1981. 14 Sec. 18. Section 20.31, subsection 2, unnumbered paragraph 15 1, Code 2022, is amended to read as follows: 16 A mediator shall not be required to testify in any judicial, 17 administrative, arbitration, or grievance proceeding regarding 18 any matters occurring in the course of a mediation, including 19 any verbal or written communication or behavior, other than 20 facts relating exclusively to the timing or scheduling of 21 mediation. A mediator shall not be required to produce or 22 disclose any documents, including notes, memoranda, or other 23 work product, relating to mediation, other than documents 24 relating exclusively to the timing or scheduling of mediation. 25 This subsection shall not apply in any of the following 26 circumstances: 27 Sec. 19. Section 22.7, subsection 69, Code 2022, is amended 28 to read as follows: 29 69. The evidence of public employee support for 30 the certification , retention and recertification, or 31 decertification of an employee organization as defined in 32 section 20.3 that is submitted to the public employment 33 relations board as provided in section 20.14 or 20.15 . 34 Sec. 20. Section 22.7, subsection 70, Code 2022, is amended 35 -10- H 8225.3984 (2) 89 dg/rn 10/ 38

by striking the subsection. 1 Sec. 21. Section 70A.17A, Code 2022, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 3. This section shall not affect a payroll 4 deduction elected by a state employee pursuant to section 5 70A.19. 6 Sec. 22. Section 70A.19, Code 2022, is amended by striking 7 the section and inserting in lieu thereof the following: 8 70A.19 Duration of state payroll deduction for dues of 9 employee organization member. 10 A state employee who elects a payroll deduction for 11 membership dues to an employee organization pursuant to the 12 provisions of a collective bargaining agreement negotiated 13 under the provisions of chapter 20 shall maintain the deduction 14 for a period of one year or until the expiration of the 15 collective bargaining agreement, whichever occurs first. A 16 state employee who transfers employment to a position covered 17 by a different collective bargaining agreement or who becomes 18 a management employee is not subject to this requirement. 19 With respect to state employees, this section supersedes the 20 provisions of section 20.9 allowing termination of a dues 21 checkoff at any time but does not supersede the requirement for 22 thirty days’ written notice of termination. 23 Sec. 23. Section 412.2, subsection 1, Code 2022, is amended 24 to read as follows: 25 1. From the proceeds of the assessments on the wages 26 and salaries of employees, of any such waterworks system, 27 or other municipally owned and operated public utility, 28 eligible to receive the benefits thereof. Notwithstanding 29 any provisions of section 20.9 to the contrary, a council, 30 board of waterworks, or other board or commission which 31 establishes a pension and annuity retirement system pursuant to 32 this chapter, shall negotiate in good faith with a certified 33 employee organization as defined in section 20.3, which is the 34 collective bargaining representative of the employees, with 35 -11- H 8225.3984 (2) 89 dg/rn 11/ 38

respect to the amount or rate of the assessment on the wages 1 and salaries of employees and the method or methods for payment 2 of the assessment by the employees. 3 Sec. 24. Section 602.1401, subsection 3, paragraph b, Code 4 2022, is amended to read as follows: 5 b. For purposes of chapter 20 , the certified representative, 6 which on July 1, 1983, represents employees who become judicial 7 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 8 remain the certified representative when the employees become 9 judicial branch employees and thereafter, unless the public 10 employee organization is not retained and recertified or is 11 decertified in an election held under section 20.15 or amended 12 or absorbed into another certified organization pursuant to 13 chapter 20 . Collective bargaining negotiations shall be 14 conducted on a statewide basis and the certified employee 15 organizations which engage in bargaining shall negotiate on a 16 statewide basis, although bargaining units shall be organized 17 by judicial district. The public employment relations board 18 shall adopt rules pursuant to chapter 17A to implement this 19 subsection . 20 Sec. 25. REPEAL. Sections 20.32 and 20.33, Code 2022, are 21 repealed. 22 Sec. 26. TRANSITION PROCEDURES —— DEADLINE —— EMERGENCY 23 RULES. 24 1. As of the effective date of this division of this Act, 25 parties, mediators, and arbitrators engaging in any collective 26 bargaining procedures provided for in chapter 20, Code 2022, 27 who have not, before the effective date of this division 28 of this Act, completed such procedures, shall immediately 29 terminate any such procedures in process. A collective 30 bargaining agreement negotiated pursuant to such procedures in 31 process shall not become effective. Parties, mediators, and 32 arbitrators shall not engage in further collective bargaining 33 procedures except as provided in this section. Such parties 34 shall commence collective bargaining in accordance with section 35 -12- H 8225.3984 (2) 89 dg/rn 12/ 38

20.17, as amended in this division of this Act. Such parties 1 shall complete such bargaining not later than June 30, 2022, 2 unless the parties mutually agree to a different deadline. 3 2. The public employment relations board shall adopt 4 emergency rules under section 17A.4, subsection 3, and section 5 17A.5, subsection 2, paragraph “b”, to provide for procedures 6 as deemed necessary to implement the provisions of this section 7 and the rules shall be effective immediately upon filing 8 unless a later date is specified in the rules. Such rules 9 shall include but are not limited to alternative deadlines for 10 completion of the procedures provided in sections 20.17 and 11 20.22, as amended by this division of this Act, and sections 12 20.19 and 20.20, which deadlines may be waived by mutual 13 agreement of the parties. 14 3. The department of administrative services shall adopt 15 emergency rules under section 17A.4, subsection 3, and 16 section 17A.5, subsection 2, paragraph “b”, to provide for the 17 implementation of section 70A.19, as amended by this division 18 of this Act, and the rules shall be effective immediately upon 19 filing unless a later date is specified in the rules. 20 Sec. 27. ELECTIONS —— DIRECTIVES TO PUBLIC EMPLOYMENT 21 RELATIONS BOARD. 22 1. The public employment relations board shall cancel any 23 elections scheduled or in process pursuant to section 20.15, 24 subsection 2, Code 2022, as of the effective date of this Act. 25 2. Notwithstanding section 20.15, subsection 1, paragraph 26 “c”, Code 2022, the public employment relations board 27 shall consider a petition for certification of an employee 28 organization as the exclusive representative of a bargaining 29 unit for which an employee organization was not retained and 30 recertified as the exclusive representative of that bargaining 31 unit regardless of the amount of time that has elapsed since 32 the retention and recertification election at which an employee 33 organization was not retained or recertified. 34 Sec. 28. EFFECTIVE DATE. This division of this Act, being 35 -13- H 8225.3984 (2) 89 dg/rn 13/ 38

deemed of immediate importance, takes effect upon enactment. 1 Sec. 29. APPLICABILITY. With the exception of the 2 section of this division of this Act amending section 20.6, 3 subsection 1, this division of this Act does not apply to 4 collective bargaining agreements which have been ratified in a 5 ratification election referred to in section 20.17, subsection 6 4, for which an arbitrator has made a final determination as 7 described in section 20.22, subsection 11, or which have become 8 effective, where such events occurred before the effective 9 date of this division of this Act. This division of this Act 10 applies to all collective bargaining procedures provided for in 11 chapter 20 occurring on and after the effective date of this 12 division of this Act and collective bargaining agreements for 13 which a ratification election referred to in section 20.17, 14 subsection 4, is held, for which an arbitrator makes a final 15 determination as described in section 20.22, subsection 11, or 16 which become effective on or after the effective date of this 17 division of this Act. 18 DIVISION III 19 EDUCATOR EMPLOYMENT MATTERS 20 Sec. 30. Section 279.13, subsections 2 and 5, Code 2022, are 21 amended to read as follows: 22 2. The contract shall remain in force and effect for the 23 period stated in the contract and shall be automatically 24 continued for equivalent periods except as modified or 25 terminated by mutual agreement of the board of directors and 26 the teacher or as modified or terminated in accordance with 27 the provisions specified in this chapter . A contract shall 28 not be offered by the employing board to a teacher under its 29 jurisdiction prior to March 15 of any year. A teacher who has 30 not accepted a contract for the ensuing school year tendered 31 by the employing board may resign effective at the end of the 32 current school year by filing a written resignation with the 33 secretary of the board. The resignation must be filed not 34 later than the last day of the current school year or the date 35 -14- H 8225.3984 (2) 89 dg/rn 14/ 38

specified by the employing board for return of the contract, 1 whichever date occurs first. However, a teacher shall not be 2 required to return a contract to the board or to resign less 3 than twenty-one days after the contract has been offered. 4 5. Notwithstanding the other provisions of this section , a 5 temporary contract may be issued to a teacher for a period of 6 up to six months. Notwithstanding the other provisions of this 7 section , a temporary contract may also be issued to a teacher 8 to fill a vacancy created by a leave of absence in accordance 9 with the provisions of section 29A.28 , which contract shall 10 automatically terminate upon return from military leave of the 11 former incumbent of the teaching position . Temporary contracts 12 and which contract shall not be subject to the provisions of 13 sections 279.15 through 279.19 , or section 279.27 . A separate 14 extracurricular contract issued pursuant to section 279.19A to 15 a person issued a temporary contract under this section shall 16 automatically terminate with the termination of the temporary 17 contract as required under section 279.19A, subsection 8 . 18 Sec. 31. Section 279.13, subsection 4, unnumbered paragraph 19 1, Code 2022, is amended to read as follows: 20 For purposes of this section , sections 279.14 , 279.15 , 21 279.16 through 279.17 , 279.19 , and 279.27 , unless the context 22 otherwise requires, “teacher” includes the following individuals 23 employed by a community college: 24 Sec. 32. Section 279.14, Code 2022, is amended to read as 25 follows: 26 279.14 Evaluation criteria and procedures. 27 1. The board shall establish evaluation criteria and shall 28 implement evaluation procedures. If an exclusive bargaining 29 representative has been certified, the board shall negotiate 30 in good faith with respect to evaluation procedures pursuant 31 to chapter 20. 32 2. The determination of standards of performance expected 33 of school district personnel shall be reserved as an exclusive 34 management right of the school board and shall not be subject 35 -15- H 8225.3984 (2) 89 dg/rn 15/ 38

to mandatory negotiations under chapter 20 . Objections 1 Notwithstanding chapter 20, objections to the procedures, 2 use, or content of an evaluation in a teacher termination 3 proceeding brought before the school board in a hearing held in 4 accordance with section 279.16 or 279.27 shall not be subject 5 to any the grievance procedures negotiated in accordance with 6 chapter 20 . A school district shall not be obligated to 7 process any evaluation grievance after service of a notice and 8 recommendation to terminate an individual’s continuing teaching 9 contract in accordance with this chapter. 10 Sec. 33. Section 279.15, subsection 2, paragraph c, Code 11 2022, is amended to read as follows: 12 c. Within five days of the receipt of the written notice 13 that the superintendent is recommending termination of the 14 contract, the teacher may request, in writing to the secretary 15 of the board, a private hearing with the board. The private 16 hearing shall not be subject to chapter 21 and shall be held 17 no sooner than twenty ten days and no later than forty twenty 18 days following the receipt of the request unless the parties 19 otherwise agree. The secretary of the board shall notify the 20 teacher in writing of the date, time, and location of the 21 private hearing, and at least ten five days before the hearing 22 shall also furnish to the teacher any documentation which 23 may be presented to the board at the private hearing and a 24 list of persons who may address the board in support of the 25 superintendent’s recommendation at the private hearing. At 26 least seven three days before the hearing, the teacher shall 27 provide any documentation the teacher expects to present at 28 the private hearing, along with the names of any persons who 29 may address the board on behalf of the teacher. This exchange 30 of information shall be at the time specified unless otherwise 31 agreed. 32 Sec. 34. Section 279.16, Code 2022, is amended by striking 33 the section and inserting in lieu thereof the following: 34 279.16 Private hearing —— decision —— record. 35 -16- H 8225.3984 (2) 89 dg/rn 16/ 38

1. The participants at the private hearing shall be 1 at least a majority of the members of the board, their 2 legal representatives, if any, the superintendent, the 3 superintendent’s designated representatives, if any, the 4 teacher’s immediate supervisor, the teacher, the teacher’s 5 representatives, if any, and the witnesses for the parties. 6 The evidence at the private hearing shall be limited to the 7 specific reasons stated in the superintendent’s notice of 8 recommendation of termination. No participant in the hearing 9 shall be liable for any damages to any person if any statement 10 at the hearing is determined to be erroneous as long as the 11 statement was made in good faith. The superintendent shall 12 present evidence and argument on all issues involved and 13 the teacher may cross-examine, respond and present evidence 14 and argument in the teacher’s behalf relevant to all issues 15 involved. Evidence may be by stipulation of the parties and 16 informal settlement may be made by stipulation, consent, or 17 default or by any other method agreed upon by the parties in 18 writing. The board shall employ a certified shorthand reporter 19 to keep a record of the private hearing. The proceedings 20 or any part thereof shall be transcribed at the request of 21 either party with the expense of transcription charged to the 22 requesting party. 23 2. The presiding officer of the board may administer oaths 24 in the same manner and with like effect and under the same 25 penalties as in the case of magistrates exercising criminal 26 or civil jurisdiction. The board shall cause subpoenas to be 27 issued for such witnesses and the production of such books 28 and papers as either the board or the teacher may designate. 29 The subpoenas shall be signed by the presiding officer of the 30 board. 31 3. In case a witness is duly subpoenaed and refuses to 32 attend, or in case a witness appears and refuses to testify 33 or to produce required books or papers, the board shall, 34 in writing, report such refusal to the district court of 35 -17- H 8225.3984 (2) 89 dg/rn 17/ 38

the county in which the administrative office of the school 1 district is located, and the court shall proceed with the 2 person or witness as though the refusal had occurred in a 3 proceeding legally pending before the court. 4 4. The board shall not be bound by common law or statutory 5 rules of evidence or by technical or formal rules of procedure, 6 but it shall hold the hearing in such manner as is best suited 7 to ascertain and conserve the substantial rights of the 8 parties. Process and procedure under sections 279.13 through 9 279.19 shall be as summary as reasonably may be. 10 5. At the conclusion of the private hearing, the 11 superintendent and the teacher may file written briefs and 12 arguments with the board within three days or such other time 13 as may be agreed upon. 14 6. If the teacher fails to timely request a private hearing 15 or does not appear at the private hearing, the board may 16 proceed and make a determination upon the superintendent’s 17 recommendation. If the teacher fails to timely file a request 18 for a private hearing, the determination shall be not later 19 than May 31. If the teacher fails to appear at the private 20 hearing, the determination shall be not later than five days 21 after the scheduled date for the private hearing. The board 22 shall convene in open session and by roll call vote determine 23 the termination or continuance of the teacher’s contract 24 and, if the board votes to continue the teacher’s contract, 25 whether to suspend the teacher with or without pay for a period 26 specified by the board. 27 7. Within five days after the private hearing, the board 28 shall, in executive session, meet to make a final decision 29 upon the recommendation and the evidence as herein provided. 30 The board shall also consider any written brief and arguments 31 submitted by the superintendent and the teacher. 32 8. The record for a private hearing shall include: 33 a. All pleadings, motions and intermediate rulings. 34 b. All evidence received or considered and all other 35 -18- H 8225.3984 (2) 89 dg/rn 18/ 38

submissions. 1 c. A statement of all matters officially noticed. 2 d. All questions and offers of proof, objections and rulings 3 thereon. 4 e. All findings and exceptions. 5 f. Any decision, opinion, or conclusion by the board. 6 g. Findings of fact shall be based solely on the evidence in 7 the record and on matters officially noticed in the record. 8 9. The decision of the board shall be in writing and shall 9 include findings of fact and conclusions of law, separately 10 stated. Findings of fact, if set forth in statutory language, 11 shall be accompanied by a concise and explicit statement of 12 the underlying facts supporting the findings. Each conclusion 13 of law shall be supported by cited authority or by reasoned 14 opinion. 15 10. When the board has reached a decision, opinion, or 16 conclusion, it shall convene in open meeting and by roll 17 call vote determine the continuance or discontinuance of the 18 teacher’s contract and, if the board votes to continue the 19 teacher’s contract, whether to suspend the teacher with or 20 without pay for a period specified by the board. The record 21 of the private conference and findings of fact and exceptions 22 shall be exempt from the provisions of chapter 22 . The 23 secretary of the board shall immediately mail notice of the 24 board’s action to the teacher. 25 Sec. 35. NEW SECTION . 279.17 Appeal by teacher to 26 adjudicator. 27 1. If the teacher is no longer a probationary teacher, the 28 teacher may, within ten days, appeal the determination of the 29 board to an adjudicator by filing a notice of appeal with the 30 secretary of the board. The notice of appeal shall contain a 31 concise statement of the action which is the subject of the 32 appeal, the particular board action appealed from, the grounds 33 on which relief is sought and the relief sought. 34 2. Within five days following receipt by the secretary 35 -19- H 8225.3984 (2) 89 dg/rn 19/ 38