S-5108

   Amend  the amendment, S-5106, to Senate File 2369, as follows:
   <1.  By striking page 1, line 4, through page 31, line 27, and inserting: 
<DIVISION I
PARENT OR GUARDIAN BILL OF RIGHTS

   Section 1.  Section 256.11, subsection 10, paragraph a, subparagraph (1), Code 2022, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (0e)  The requirements of section 279.76.
   Sec. 2.  Section 256E.7, subsection 2, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Be subject to and comply with the requirements of section 279.76 in the same manner as a school district.
   Sec. 3.  NEW SECTION.  279.76  Parent or guardian bill of rights.
   1.  Unless otherwise prohibited by state or federal law, the board of directors of a school district shall adopt policies to ensure that all of the following parental rights are reserved to the parent or guardian of a minor child without obstruction or interference from the school district in which the minor child is enrolled:
   a.  The right to know what the school district in which the minor child is enrolled is teaching the minor child, including the textbooks, books, articles, outlines, handouts, presentations, videos, and any other similar materials the school district uses for student instruction. By July 1, 2025, the school district shall grant access through the internet to the curriculum used for student instruction of a minor child enrolled in the school district to the parent or guardian of the minor child.
   b.  The right to access and review information related to who is teaching the minor child, including guest lecturers and outside presenters.
   c.  The right to access and review information related to persons who contract with or otherwise receive moneys from the school district.
   d.  The right to access the minor child while the minor child is in school that a reasonable person would deem necessary to ensure the health and safety of the minor child, unless otherwise prohibited by a court order.
   e.  The right to access and review all school records relating to the minor child; provided, however, that the school district may prohibit access to and disclosure of school records if any of the following apply:
   (1)  The school records are related to the minor child’s reporting of the parent’s or guardian’s violation of any law.
   (2)  The school district determines that a credible threat to the health, safety, or welfare of a minor child may result from providing access to or disclosing the school records.
   (3)  Chapter 232, subchapter III, part 2, prohibits the school record from being disclosed.
   f.  The right to access and review information related to the collection and transmission of information related to the minor child, including assessment information, documents created by the minor child, and teacher evaluations of the minor child.
   g.  Subject to section 22.7, the right to access and review information necessary to ensure the accountability and transparency of the board of directors of the school district in which the minor child is enrolled.
   h.  The right to access and review information related to the minor child’s safety while at school.
   2.  a.  The school district shall not require any student to engage in any activity, including instruction, or any test, assessment, or other means of evaluation, that involves obscene material without the express prior written consent of the student’s parent or guardian, which may be obtained by electronic means.
   b.  The school district shall make every effort to prohibit a minor child from accessing obscene material in the classroom on a device or through a computer network that is owned or otherwise provided by the school district.
   c.  (1)  A school district that maintains in electronic form a catalog of library materials shall grant access through the internet or other suitable means to the catalog of library materials to the parent or guardian of any student enrolled in the school district. School districts that maintain a catalog of library materials in other than electronic form shall grant physical access to the catalog of library materials to the parent or guardian of any student enrolled in the school district at the school where the student attends class and at times that are convenient for the parent or guardian.
   (2)  The parent or guardian of a minor child enrolled in the school district may provide notice to the school district indicating the materials that the minor child shall not be allowed to check out from a library operated by the school district, and the school district shall not allow the minor child to check out the materials described in the notice.
   (3)  The school district shall not allow a minor child to check out obscene material from a library operated by the school district without the express prior written consent of the minor child’s parent or guardian, which may be obtained by electronic means.
   3.  The school district must receive the prior written consent of a student’s parent or guardian before requiring a student to take part in any of the following activities:
   a.  An activity that involves the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling the information or providing the information to any other person for its marketing or sale.
   b.  A survey, analysis, or evaluation that reveals information concerning any of the following:
   (1)  The political affiliations or beliefs of the student or the student’s parent or guardian.
   (2)  Mental or psychological problems of the student or the student’s family.
   (3)  Sex behavior or attitudes.
   (4)  Illegal, antisocial, self-incriminating, or demeaning behavior.
   (5)  Critical appraisals of other individuals with whom the student has close familial relationships.
   (6)  Legally recognized privileged or analogous relationships, such as those of attorneys, physicians, or ministers.
   (7)  Religious practices, affiliations, or beliefs of the student or the student’s parent or guardian.
   (8)  Income, except when required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
   c.  Any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school and is scheduled in advance, and that is not necessary to protect the immediate health and safety of the student or other students.
   4.  The rights guaranteed to parents and guardians by this section are not a comprehensive list of the rights reserved to parents or guardians of a minor child. The enumeration of the rights contained in this section shall not be construed to limit the rights reserved to parents or guardians of a minor child.
   5.  The school district shall publish a copy of this section in the student handbook and on the school district’s internet site.
   6.  For purposes of this section, unless the context otherwise requires, “obscene material” means the same as defined in section 728.1.
DIVISION II
INCIDENTS RELATED TO LICENSED PRACTITIONERS

   Sec. 4.  Section 232.69, subsection 1, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   The classes of persons enumerated in this subsection shall make a report within twenty-four hours and as provided in section 232.70, of cases of child abuse. In addition, the classes of persons enumerated in this subsection shall make a report of abuse of a child who is under twelve years of age and may make a report of abuse of a child who is twelve years of age or older, which would be defined as child abuse under section 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.
   Sec. 5.  Section 232.69, subsection 1, paragraph b, subparagraph (4), Code 2022, is amended to read as follows:
   (4)  A licensed school employee, certified para-educator, holder of a coaching authorization issued under section 272.31, full-time school employee who is eighteen years of age or older, or an instructor employed by a community college.
   Sec. 6.  Section 232.70, subsection 6, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  If the person making the report is a licensed school employee who reasonably believes the person responsible for the injury is a licensed school employee, the identity of the licensed school employee the person making the report believes is responsible for the injury.
   Sec. 7.  Section 256.9, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  65.  a.  Develop and implement a process for the reporting and investigation of any incident that arises that may reasonably lead to the conclusion that an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners who is employed by the board of directors of a school district or the authorities in charge of an accredited nonpublic school has committed a felony or has engaged in conduct described in section 272.15, subsection 1, paragraph “a”, subparagraph (1), subparagraph divisions (a) through (d).
   b.  The process shall prohibit the boards of directors of a school district and the authorities in charge of an accredited nonpublic school from entering into any of the following:
   (1)  A written or oral agreement that prohibits the board of directors of the school district or the authorities in charge of an accredited nonpublic school, an employee of the school district or the accredited nonpublic school, or a contractor of the school district or the accredited nonpublic school from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   (2)  A written or oral agreement that waives the liability of an individual with a license, endorsement, certification, authorization, or statement of recognition issued by the board of educational examiners related to or arising from an incident, past performance or action, or past allegations of wrongdoing.
   c.  The board of directors of a school district or the authorities in charge of an accredited nonpublic school and contractors of the school district or the accredited nonpublic school shall be immune from any civil liability arising from discussing an incident, past performance or actions, past allegations leading to discipline or adverse employment action, or employee resignation with any governmental agent, governmental officer, or any potential employer.
   d.  If the board of educational examiners finds that the board of directors of a school district or the authorities in charge of an accredited nonpublic school has intentionally failed to follow the process established by this subsection regarding an incident, or the reporting requirements established pursuant to section 272.15, the board of educational examiners shall assess a fine against an administrator of the school district or the accredited nonpublic school who failed to ensure compliance with the process of not less than five hundred dollars and not more than five thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
   e.  If the board of educational examiners finds that the board of directors of a school district or the authorities in charge of an accredited nonpublic school has intentionally concealed, or attempted to conceal from any governmental agent, governmental officer, or potential employer a founded incident, or any conduct required to be reported pursuant to section 272.15, the board of educational examiners shall assess a fine against an administrator of the school district or the accredited nonpublic school who assisted in the concealment, or attempted concealment, of an incident, or any conduct required to be reported pursuant to section 272.15, of not more than ten thousand dollars. Payments of the fine provided in this paragraph shall be remitted to the treasurer of the state for deposit in the general fund of the state.
   Sec. 8.  Section 256E.7, subsection 2, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Be subject to and comply with the requirements of section 280.32 in the same manner as a school district.
   Sec. 9.  Section 272.2, subsection 14, paragraph b, subparagraph (1), unnumbered paragraph 1, Code 2022, is amended to read as follows:
   The person entered a plea of guilty to, or has been found guilty of, or the board has found by a preponderance of the evidence that the person committed, any of the following offenses, whether or not a sentence is imposed:
   Sec. 10.  Section 272.2, subsection 15, Code 2022, is amended to read as follows:
   15.  a.  Adopt rules that require specificity in written complaints that are filed by individuals who have personal knowledge of an alleged violation and which are accepted by the board, provide that the jurisdictional requirements as set by the board in administrative rule are met on the face of the complaint before initiating an investigation of allegations, provide that any investigation be limited to the allegations contained on the face of the complaint, provide for an adequate interval between the receipt of a complaint and public notice of the complaint, permit parties to a complaint to mutually agree to a resolution of the complaint filed with the board, allow the respondent the right to review any investigative report upon a finding of probable cause for further action by the board, require that the conduct providing the basis for the complaint occurred within three years of discovery of the event by the complainant unless good cause can be shown for an extension of this limitation, and require complaints to be resolved within one hundred eighty days unless good cause can be shown for an extension of this limitation.
   b.  Adopt rules that require the collection and retention of written complaints that are filed. If the board determines a written complaint is not founded, the complaint and all records related to the complaint shall be kept confidential and are not subject to chapter 22.
   c.  Adopt rules that require the board to notify the public when a licensed practitioner who is the subject of an ongoing investigation initiated under paragraph “a” has a case pending with a finding of probable cause. This paragraph shall not be construed to require the board to disclose unfounded, closed investigations initiated under paragraph “a”.
   d.  Adopt rules that require the evaluation of complaints that did not result in any discipline or sanction if similar complaints are filed against the same licensed practitioner.
   e.  Adopt rules that require the board to investigate an administrator who is employed by the school that employs a licensed practitioner who is the subject of an investigation initiated under paragraph “a”. The rules shall require the board to investigate whether the administrator filed a written complaint pursuant to this subsection and whether the administrator was required to report to the board pursuant to section 272.15.
   Sec. 11.  Section 279.69, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Prior to hiring an individual who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners, a school district shall view the board of educational examiner’s public license information to determine if the individual has a case pending with a finding of probable cause or any licensure sanction. This subsection shall not be construed to require the board of educational examiners to disclose unfounded, closed investigations.
   Sec. 12.  NEW SECTION.  280.32  Incidents related to licensed practitioners —— reporting and investigation.
   The board of directors of a school district and the authorities in charge of each accredited nonpublic school shall follow the process created by the department of education pursuant to section 256.9, subsection 65, related to the reporting and investigation of an incident involving the possible commission of a felony by any person who has been issued a license, endorsement, certification, authorization, or statement of recognition by the board of educational examiners.
DIVISION III
BOARD OF EDUCATIONAL EXAMINERS —— RENEWAL CREDITS

   Sec. 13.  Section 272.2, subsection 1, paragraph c, Code 2022, is amended to read as follows:
   c.  Rules adopted pursuant to this subsection establishing licensure renewal requirements shall provide that up to half of the units needed for licensure renewal may be earned upon the successful completion of an individualized professional development plan as verified by the supervising licensed evaluator, or by successful completion of professional development courses or programs offered by a professional development program licensed by the board, or by a practitioner preparation institution or area education agency approved by the state board of education.  The rules shall require that holders of a master educator teaching license, professional service license, or professional administrator license who are employed by a school district described in chapter 274, charter school, or accredited nonpublic school may earn all renewal credits, except for the evaluator training required by section 284.10 and the mandatory reporter training required by section 232.69, through professional development activities as verified by the supervising licensed evaluator.>
   2.  Title page, by striking lines 1 through 10 and inserting <An Act relating to education, including establishing a process for investigating complaints against licensed practitioners, modifying provisions related to the rights of students enrolled in school districts or charter schools, the rights of parents and guardians of those students, mandatory reporters, and the responsibilities of the department of education, school districts, charter schools, accredited nonpublic schools, and the board of educational examiners.>>

______________________________
HERMAN C. QUIRMBACH