Senate File 2369 S-5108 Amend the amendment, S-5106, to Senate File 2369, as 1 follows: 2 < 1. By striking page 1, line 4, through page 31, line 27, 3 and inserting: 4 < DIVISION I 5 PARENT OR GUARDIAN BILL OF RIGHTS 6 Section 1. Section 256.11, subsection 10, paragraph a, 7 subparagraph (1), Code 2022, is amended by adding the following 8 new subparagraph division: 9 NEW SUBPARAGRAPH DIVISION . (0e) The requirements of 10 section 279.76. 11 Sec. 2. Section 256E.7, subsection 2, Code 2022, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . 0i. Be subject to and comply with the 14 requirements of section 279.76 in the same manner as a school 15 district. 16 Sec. 3. NEW SECTION . 279.76 Parent or guardian bill of 17 rights. 18 1. Unless otherwise prohibited by state or federal law, the 19 board of directors of a school district shall adopt policies to 20 ensure that all of the following parental rights are reserved 21 to the parent or guardian of a minor child without obstruction 22 or interference from the school district in which the minor 23 child is enrolled: 24 a. The right to know what the school district in which 25 the minor child is enrolled is teaching the minor child, 26 including the textbooks, books, articles, outlines, handouts, 27 presentations, videos, and any other similar materials the 28 school district uses for student instruction. By July 1, 2025, 29 the school district shall grant access through the internet to 30 the curriculum used for student instruction of a minor child 31 enrolled in the school district to the parent or guardian of 32 the minor child. 33 b. The right to access and review information related to 34 who is teaching the minor child, including guest lecturers and 35 -1- S 5106.4206 (2) 89 jda/jh 1/ 10

outside presenters. 1 c. The right to access and review information related to 2 persons who contract with or otherwise receive moneys from the 3 school district. 4 d. The right to access the minor child while the minor child 5 is in school that a reasonable person would deem necessary 6 to ensure the health and safety of the minor child, unless 7 otherwise prohibited by a court order. 8 e. The right to access and review all school records 9 relating to the minor child; provided, however, that the school 10 district may prohibit access to and disclosure of school 11 records if any of the following apply: 12 (1) The school records are related to the minor child’s 13 reporting of the parent’s or guardian’s violation of any law. 14 (2) The school district determines that a credible threat to 15 the health, safety, or welfare of a minor child may result from 16 providing access to or disclosing the school records. 17 (3) Chapter 232, subchapter III, part 2, prohibits the 18 school record from being disclosed. 19 f. The right to access and review information related to the 20 collection and transmission of information related to the minor 21 child, including assessment information, documents created by 22 the minor child, and teacher evaluations of the minor child. 23 g. Subject to section 22.7, the right to access and 24 review information necessary to ensure the accountability and 25 transparency of the board of directors of the school district 26 in which the minor child is enrolled. 27 h. The right to access and review information related to the 28 minor child’s safety while at school. 29 2. a. The school district shall not require any student 30 to engage in any activity, including instruction, or any 31 test, assessment, or other means of evaluation, that involves 32 obscene material without the express prior written consent of 33 the student’s parent or guardian, which may be obtained by 34 electronic means. 35 -2- S 5106.4206 (2) 89 jda/jh 2/ 10

b. The school district shall make every effort to prohibit 1 a minor child from accessing obscene material in the classroom 2 on a device or through a computer network that is owned or 3 otherwise provided by the school district. 4 c. (1) A school district that maintains in electronic form 5 a catalog of library materials shall grant access through the 6 internet or other suitable means to the catalog of library 7 materials to the parent or guardian of any student enrolled in 8 the school district. School districts that maintain a catalog 9 of library materials in other than electronic form shall 10 grant physical access to the catalog of library materials to 11 the parent or guardian of any student enrolled in the school 12 district at the school where the student attends class and at 13 times that are convenient for the parent or guardian. 14 (2) The parent or guardian of a minor child enrolled in 15 the school district may provide notice to the school district 16 indicating the materials that the minor child shall not be 17 allowed to check out from a library operated by the school 18 district, and the school district shall not allow the minor 19 child to check out the materials described in the notice. 20 (3) The school district shall not allow a minor child to 21 check out obscene material from a library operated by the 22 school district without the express prior written consent of 23 the minor child’s parent or guardian, which may be obtained by 24 electronic means. 25 3. The school district must receive the prior written 26 consent of a student’s parent or guardian before requiring a 27 student to take part in any of the following activities: 28 a. An activity that involves the collection, disclosure, 29 or use of personal information collected from students for the 30 purpose of marketing or selling the information or providing 31 the information to any other person for its marketing or sale. 32 b. A survey, analysis, or evaluation that reveals 33 information concerning any of the following: 34 (1) The political affiliations or beliefs of the student or 35 -3- S 5106.4206 (2) 89 jda/jh 3/ 10

the student’s parent or guardian. 1 (2) Mental or psychological problems of the student or the 2 student’s family. 3 (3) Sex behavior or attitudes. 4 (4) Illegal, antisocial, self-incriminating, or demeaning 5 behavior. 6 (5) Critical appraisals of other individuals with whom the 7 student has close familial relationships. 8 (6) Legally recognized privileged or analogous 9 relationships, such as those of attorneys, physicians, or 10 ministers. 11 (7) Religious practices, affiliations, or beliefs of the 12 student or the student’s parent or guardian. 13 (8) Income, except when required by law to determine 14 eligibility for participation in a program or for receiving 15 financial assistance under such a program. 16 c. Any nonemergency, invasive physical examination or 17 screening that is required as a condition of attendance, 18 administered by the school and is scheduled in advance, and 19 that is not necessary to protect the immediate health and 20 safety of the student or other students. 21 4. The rights guaranteed to parents and guardians by this 22 section are not a comprehensive list of the rights reserved 23 to parents or guardians of a minor child. The enumeration of 24 the rights contained in this section shall not be construed to 25 limit the rights reserved to parents or guardians of a minor 26 child. 27 5. The school district shall publish a copy of this section 28 in the student handbook and on the school district’s internet 29 site. 30 6. For purposes of this section, unless the context 31 otherwise requires, “obscene material” means the same as defined 32 in section 728.1. 33 DIVISION II 34 INCIDENTS RELATED TO LICENSED PRACTITIONERS 35 -4- S 5106.4206 (2) 89 jda/jh 4/ 10

Sec. 4. Section 232.69, subsection 1, unnumbered paragraph 1 1, Code 2022, is amended to read as follows: 2 The classes of persons enumerated in this subsection shall 3 make a report within twenty-four hours and as provided in 4 section 232.70 , of cases of child abuse. In addition, the 5 classes of persons enumerated in this subsection shall make a 6 report of abuse of a child who is under twelve years of age and 7 may make a report of abuse of a child who is twelve years of age 8 or older, which would be defined as child abuse under section 9 232.68, subsection 2 , paragraph “a” , subparagraph (3) or (5), 10 except that the abuse resulted from the acts or omissions of 11 a person other than a person responsible for the care of the 12 child. 13 Sec. 5. Section 232.69, subsection 1, paragraph b, 14 subparagraph (4), Code 2022, is amended to read as follows: 15 (4) A licensed school employee, certified para-educator, 16 holder of a coaching authorization issued under section 272.31 , 17 full-time school employee who is eighteen years of age or 18 older, or an instructor employed by a community college. 19 Sec. 6. Section 232.70, subsection 6, Code 2022, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . 0f. If the person making the report is a 22 licensed school employee who reasonably believes the person 23 responsible for the injury is a licensed school employee, the 24 identity of the licensed school employee the person making the 25 report believes is responsible for the injury. 26 Sec. 7. Section 256.9, Code 2022, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 65. a. Develop and implement a process 29 for the reporting and investigation of any incident that arises 30 that may reasonably lead to the conclusion that an individual 31 with a license, endorsement, certification, authorization, or 32 statement of recognition issued by the board of educational 33 examiners who is employed by the board of directors of a 34 school district or the authorities in charge of an accredited 35 -5- S 5106.4206 (2) 89 jda/jh 5/ 10

nonpublic school has committed a felony or has engaged in 1 conduct described in section 272.15, subsection 1, paragraph 2 “a” , subparagraph (1), subparagraph divisions (a) through (d). 3 b. The process shall prohibit the boards of directors of a 4 school district and the authorities in charge of an accredited 5 nonpublic school from entering into any of the following: 6 (1) A written or oral agreement that prohibits the board of 7 directors of the school district or the authorities in charge 8 of an accredited nonpublic school, an employee of the school 9 district or the accredited nonpublic school, or a contractor 10 of the school district or the accredited nonpublic school 11 from discussing an incident, past performance or actions, 12 past allegations leading to discipline or adverse employment 13 action, or employee resignation with any governmental agent, 14 governmental officer, or any potential employer. 15 (2) A written or oral agreement that waives the liability 16 of an individual with a license, endorsement, certification, 17 authorization, or statement of recognition issued by the 18 board of educational examiners related to or arising from an 19 incident, past performance or action, or past allegations of 20 wrongdoing. 21 c. The board of directors of a school district or the 22 authorities in charge of an accredited nonpublic school and 23 contractors of the school district or the accredited nonpublic 24 school shall be immune from any civil liability arising 25 from discussing an incident, past performance or actions, 26 past allegations leading to discipline or adverse employment 27 action, or employee resignation with any governmental agent, 28 governmental officer, or any potential employer. 29 d. If the board of educational examiners finds that 30 the board of directors of a school district or the 31 authorities in charge of an accredited nonpublic school 32 has intentionally failed to follow the process established 33 by this subsection regarding an incident, or the reporting 34 requirements established pursuant to section 272.15, the 35 -6- S 5106.4206 (2) 89 jda/jh 6/ 10

board of educational examiners shall assess a fine against 1 an administrator of the school district or the accredited 2 nonpublic school who failed to ensure compliance with the 3 process of not less than five hundred dollars and not more than 4 five thousand dollars. Payments of the fine provided in this 5 paragraph shall be remitted to the treasurer of the state for 6 deposit in the general fund of the state. 7 e. If the board of educational examiners finds that the 8 board of directors of a school district or the authorities in 9 charge of an accredited nonpublic school has intentionally 10 concealed, or attempted to conceal from any governmental 11 agent, governmental officer, or potential employer a founded 12 incident, or any conduct required to be reported pursuant to 13 section 272.15, the board of educational examiners shall assess 14 a fine against an administrator of the school district or the 15 accredited nonpublic school who assisted in the concealment, or 16 attempted concealment, of an incident, or any conduct required 17 to be reported pursuant to section 272.15, of not more than 18 ten thousand dollars. Payments of the fine provided in this 19 paragraph shall be remitted to the treasurer of the state for 20 deposit in the general fund of the state. 21 Sec. 8. Section 256E.7, subsection 2, Code 2022, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . 0i. Be subject to and comply with the 24 requirements of section 280.32 in the same manner as a school 25 district. 26 Sec. 9. Section 272.2, subsection 14, paragraph b, 27 subparagraph (1), unnumbered paragraph 1, Code 2022, is amended 28 to read as follows: 29 The person entered a plea of guilty to, or has been found 30 guilty of, or the board has found by a preponderance of the 31 evidence that the person committed, any of the following 32 offenses, whether or not a sentence is imposed: 33 Sec. 10. Section 272.2, subsection 15, Code 2022, is amended 34 to read as follows: 35 -7- S 5106.4206 (2) 89 jda/jh 7/ 10

15. a. Adopt rules that require specificity in written 1 complaints that are filed by individuals who have personal 2 knowledge of an alleged violation and which are accepted by 3 the board, provide that the jurisdictional requirements as set 4 by the board in administrative rule are met on the face of the 5 complaint before initiating an investigation of allegations, 6 provide that any investigation be limited to the allegations 7 contained on the face of the complaint, provide for an adequate 8 interval between the receipt of a complaint and public notice 9 of the complaint, permit parties to a complaint to mutually 10 agree to a resolution of the complaint filed with the board, 11 allow the respondent the right to review any investigative 12 report upon a finding of probable cause for further action by 13 the board, require that the conduct providing the basis for 14 the complaint occurred within three years of discovery of the 15 event by the complainant unless good cause can be shown for 16 an extension of this limitation, and require complaints to be 17 resolved within one hundred eighty days unless good cause can 18 be shown for an extension of this limitation. 19 b. Adopt rules that require the collection and retention of 20 written complaints that are filed. If the board determines a 21 written complaint is not founded, the complaint and all records 22 related to the complaint shall be kept confidential and are not 23 subject to chapter 22. 24 c. Adopt rules that require the board to notify the public 25 when a licensed practitioner who is the subject of an ongoing 26 investigation initiated under paragraph “a” has a case pending 27 with a finding of probable cause. This paragraph shall not be 28 construed to require the board to disclose unfounded, closed 29 investigations initiated under paragraph “a” . 30 d. Adopt rules that require the evaluation of complaints 31 that did not result in any discipline or sanction if similar 32 complaints are filed against the same licensed practitioner. 33 e. Adopt rules that require the board to investigate an 34 administrator who is employed by the school that employs a 35 -8- S 5106.4206 (2) 89 jda/jh 8/ 10

licensed practitioner who is the subject of an investigation 1 initiated under paragraph “a” . The rules shall require 2 the board to investigate whether the administrator filed a 3 written complaint pursuant to this subsection and whether the 4 administrator was required to report to the board pursuant to 5 section 272.15. 6 Sec. 11. Section 279.69, Code 2022, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 1A. Prior to hiring an individual who 9 has been issued a license, endorsement, certification, 10 authorization, or statement of recognition by the board 11 of educational examiners, a school district shall view the 12 board of educational examiner’s public license information to 13 determine if the individual has a case pending with a finding 14 of probable cause or any licensure sanction. This subsection 15 shall not be construed to require the board of educational 16 examiners to disclose unfounded, closed investigations. 17 Sec. 12. NEW SECTION . 280.32 Incidents related to licensed 18 practitioners —— reporting and investigation. 19 The board of directors of a school district and the 20 authorities in charge of each accredited nonpublic school shall 21 follow the process created by the department of education 22 pursuant to section 256.9, subsection 65, related to the 23 reporting and investigation of an incident involving the 24 possible commission of a felony by any person who has been 25 issued a license, endorsement, certification, authorization, or 26 statement of recognition by the board of educational examiners. 27 DIVISION III 28 BOARD OF EDUCATIONAL EXAMINERS —— RENEWAL CREDITS 29 Sec. 13. Section 272.2, subsection 1, paragraph c, Code 30 2022, is amended to read as follows: 31 c. Rules adopted pursuant to this subsection establishing 32 licensure renewal requirements shall provide that up to half 33 of the units needed for licensure renewal may be earned upon 34 the successful completion of an individualized professional 35 -9- S 5106.4206 (2) 89 jda/jh 9/ 10

development plan as verified by the supervising licensed 1 evaluator, or by successful completion of professional 2 development courses or programs offered by a professional 3 development program licensed by the board, or by a practitioner 4 preparation institution or area education agency approved by 5 the state board of education. The rules shall require that 6 holders of a master educator teaching license, professional 7 service license, or professional administrator license who are 8 employed by a school district described in chapter 274, charter 9 school, or accredited nonpublic school may earn all renewal 10 credits, except for the evaluator training required by section 11 284.10 and the mandatory reporter training required by section 12 232.69, through professional development activities as verified 13 by the supervising licensed evaluator. > 14 2. Title page, by striking lines 1 through 10 and inserting 15 < An Act relating to education, including establishing a process 16 for investigating complaints against licensed practitioners, 17 modifying provisions related to the rights of students enrolled 18 in school districts or charter schools, the rights of parents 19 and guardians of those students, mandatory reporters, and 20 the responsibilities of the department of education, school 21 districts, charter schools, accredited nonpublic schools, and 22 the board of educational examiners. >> 23 ______________________________ HERMAN C. QUIRMBACH -10- S 5106.4206 (2) 89 jda/jh 10/ 10 #2.