Senate File 496 H-1173 Amend Senate File 496, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 SCHOOL BOARDS —— DUTIES AND RESPONSIBILITIES 6 Section 1. NEW SECTION . 279.8C Board of directors —— access 7 to information. 8 1. The board of directors of a school district shall have 9 access to and may review any of the following: 10 a. The curriculum associated with any instruction provided 11 to students enrolled in the school district. 12 b. Materials located in a library operated by the school 13 district, including a library located in a classroom. 14 2. A school district shall not prohibit a member of the 15 board of directors of the school district from attending 16 classes taught by teachers employed by the school district 17 to observe classroom instruction, not for the purpose of 18 evaluation, if the member has provided reasonable prior notice 19 to the superintendent and principal of the attendance center 20 in which the classes are taught and to the teacher providing 21 the instruction. 22 3. a. A school district shall not prohibit a member of 23 the board of directors of the school district from accessing 24 materials used in a professional development program that 25 the school district, or an administrator employed by the 26 school district, requires employees of the school district to 27 attend. This paragraph shall not be construed to authorize 28 a member of the board of directors of the school district to 29 access an individual teacher professional development plan 30 developed pursuant to section 284.6 or any materials related 31 to an intensive assistance program a teacher is required to 32 participate in pursuant to section 284.8. 33 b. A school district, or an administrator employed by the 34 school district, shall provide copies of materials used in a 35 -1- SF 496.1464 (2) 90 jda/jh 1/ 38 #1.
professional development program that the school district, or 1 an administrator employed by the school district, requires 2 employees of the school district to attend to a member of the 3 board of directors of the school district upon request. This 4 paragraph shall not be construed to require a school district, 5 or an administrator employed by the school district, to provide 6 copies of an individual teacher professional development plan 7 developed pursuant to section 284.6, or any materials related 8 to an intensive assistance program a teacher is required to 9 participate in pursuant to section 284.8, to a member of the 10 board of directors of the school district. 11 4. For purposes of this section, “professional development 12 program” means the same as defined in section 272.1. 13 DIVISION II 14 RESPONSIBILITIES AND REQUIREMENTS RELATED TO HEALTH 15 Sec. 2. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 16 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 17 1. The department of education shall convene and provide 18 administrative support to a health care-related training 19 for school personnel work group. The work group shall 20 review and develop a plan to ensure Iowa educators have the 21 health care training necessary to perform their duties and 22 responsibilities, and shall consider and submit recommendations 23 for delivery and implementation of training required under 24 state law or rule. 25 2. The work group shall include all of the following: 26 a. (1) Two members who are staff members from the 27 department of education, one of whom shall be an administrative 28 consultant in the bureau of nutrition and health services. 29 A member appointed under this subparagraph shall coordinate 30 the work group and act as chairperson for the organizational 31 meeting. 32 (2) One member who is a staff member from the Iowa 33 department of health and human services. 34 b. Members who shall represent each of the following: 35 -2- SF 496.1464 (2) 90 jda/jh 2/ 38
(1) One member from a statewide organization representing 1 teachers. 2 (2) One member from a statewide organization representing 3 school board members. 4 (3) One member from a statewide organization representing 5 school administrators. 6 (4) One member from a statewide organization representing 7 authorities in charge of accredited nonpublic schools. 8 (5) One member representing the area education agencies. 9 (6) One member from a statewide organization representing 10 physicians. 11 (7) One member from a statewide organization representing 12 athletic trainers. 13 (8) One member from a statewide organization representing 14 emergency management services. 15 (9) One member from a statewide organization representing 16 health care organizations. 17 (10) One member from a statewide organization representing 18 school nurses. 19 3. Any expenses incurred by a member of the work group 20 shall be the responsibility of the individual member or the 21 respective entity represented by the member. 22 4. The director of the department of education or the 23 director’s designee shall compile and provide to the work group 24 a list of, and the purposes for, the health care training 25 programs that school personnel are required to complete, as 26 well as any requirements school personnel must meet following 27 such training, in order be in compliance with state law or 28 administrative rule. 29 5. The work group shall do all of the following: 30 a. Identify which trainings can be best provided over the 31 internet, and how such training can be rotated on a five-year 32 basis for school personnel. 33 b. Develop a plan for a regular cycle of health care-related 34 training for school personnel review, with the goal of removing 35 -3- SF 496.1464 (2) 90 jda/jh 3/ 38
or modifying training or training programs that are no longer 1 relevant, and identifying less costly and more efficient 2 options that still provide the appropriate level of training to 3 school personnel. 4 c. Standardize the process of establishing new training 5 requirements in state law or rule to manage stakeholder 6 expectations relating to the timeline for establishing the 7 requirements. 8 d. Create an ongoing review process to find efficiencies, 9 identify training options that better utilize time and 10 financial resources, and offer a continuous improvement model 11 for the system moving forward. 12 e. Study and make any recommended changes on rules adopted 13 by the state board of education under 281 IAC ch. 14, relating 14 to individual health plans prepared for students with various 15 health conditions. 16 f. Ensure a public comment process for patient advocacy 17 groups and parents to provide input on the recommendations of 18 the work group. 19 6. If the work group recommends elimination or significant 20 modification of certain health care-related training for 21 school personnel, the department of education shall identify 22 stakeholders who would potentially be affected by such 23 change, and shall invite representatives from organizations 24 representing such stakeholders to submit comments before or 25 at an upcoming work group meeting before the work group makes 26 final recommendations. 27 7. The department of education shall compile the work 28 group’s findings and recommendations and shall submit the 29 compilation, including any proposal for legislation, in a 30 report to the general assembly, the governor, and the state 31 board of education by December 1, 2023. 32 DIVISION III 33 MANDATORY REPORTERS 34 Sec. 3. Section 232.69, subsection 1, unnumbered paragraph 35 -4- SF 496.1464 (2) 90 jda/jh 4/ 38
1, Code 2023, is amended to read as follows: 1 The classes of persons enumerated in this subsection shall 2 make a report within twenty-four hours and as provided in 3 section 232.70 , of cases of child abuse. In addition, the 4 classes of persons enumerated in this subsection shall make a 5 report of abuse of a child who is under twelve years of age and 6 may make a report of abuse of a child who is twelve years of age 7 or older, which would be defined as child abuse under section 8 232.68, subsection 2 , paragraph “a” , subparagraph (3) or (5), 9 except that the abuse resulted from the acts or omissions of 10 a person other than a person responsible for the care of the 11 child. 12 Sec. 4. Section 232.69, subsection 1, paragraph b, 13 subparagraph (4), Code 2023, is amended to read as follows: 14 (4) A licensed school employee, certified para-educator, 15 holder of a coaching authorization issued under section 272.31 , 16 school employee who is eighteen years of age or older, or an 17 instructor employed by a community college. 18 Sec. 5. Section 232.70, subsection 5, Code 2023, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . 0f. If the person making the report is a 21 licensed school employee who reasonably believes the person 22 responsible for the injury is also a licensed school employee, 23 the identity of the licensed school employee the person making 24 the report believes is responsible for the injury. 25 DIVISION IV 26 DEPARTMENT OF EDUCATION —— REPORTING AND INVESTIGATION PROCESS 27 Sec. 6. Section 256.9, Code 2023, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 66. a. Develop and implement a process 30 for the reporting and investigation of any incident that arises 31 that may reasonably lead to the conclusion that any individual 32 who is employed by the board of directors of a school district, 33 the authorities in charge of an accredited nonpublic school, 34 or the governing board of a charter school, including an 35 -5- SF 496.1464 (2) 90 jda/jh 5/ 38
individual with a license, endorsement, certification, 1 authorization, or statement of recognition issued by the 2 board of educational examiners, has committed a felony or, 3 in the case of an individual with a license, endorsement, 4 certification, authorization, or statement of recognition 5 issued by the board of educational examiners, has engaged in 6 conduct described in section 272.15, subsection 1, paragraph 7 “a” , subparagraph (1), subparagraph divisions (a) through (d). 8 b. The process shall prohibit the board of directors of a 9 school district, the authorities in charge of an accredited 10 nonpublic school, and the governing board of a charter school 11 from entering into any of the following: 12 (1) A written or oral agreement that prohibits the board 13 of directors of the school district, the authorities in charge 14 of an accredited nonpublic school, the governing board of 15 a charter school, an employee of the school district, the 16 accredited nonpublic school, or the charter school, or a 17 contractor of the school district, the accredited nonpublic 18 school, or the charter school from discussing an incident, past 19 performance or actions, past allegations leading to discipline 20 or adverse employment action, or employee resignation with any 21 governmental agent, governmental officer, or any potential 22 employer. 23 (2) A written or oral agreement that waives the liability 24 of an individual with a license, endorsement, certification, 25 authorization, or statement of recognition issued by the 26 board of educational examiners related to or arising from an 27 incident, past performance or action, or past allegations of 28 wrongdoing. 29 c. The process shall require the board of directors of a 30 school district, the authorities in charge of an accredited 31 nonpublic school, and the governing board of a charter school 32 to finalize the investigation of the incident even if the 33 employee resigns or the employee’s contract is terminated 34 during the investigation. The board of directors of a school 35 -6- SF 496.1464 (2) 90 jda/jh 6/ 38
district, the authorities in charge of an accredited nonpublic 1 school, or the governing board of a charter school, as 2 applicable, shall provide the board of educational examiners 3 with the results of the investigation if the employee who 4 was investigated has a license, endorsement, certification, 5 authorization, or statement of recognition issued by the board 6 of educational examiners. 7 d. The process shall require the board of directors of a 8 school district, the authorities in charge of an accredited 9 nonpublic school, and the governing board of a charter school 10 to take all of the following actions with respect to employees 11 who do not hold a license, endorsement, certification, 12 authorization, or statement of recognition issued by the board 13 of educational examiners: 14 (1) Collect and retain all complaints and reports related to 15 incidents reported under this subsection that are associated 16 with the employee and that relate to the health and safety of 17 students. 18 (2) Notify the school district, accredited nonpublic 19 school, or charter school that employs, or is seeking to 20 employ, the employee of the existence and nature of the 21 complaints and reports related to incidents reported under 22 this subsection that are associated with the employee and that 23 relate to the health and safety of students if contacted by 24 the school district, accredited nonpublic school, or charter 25 school. This subparagraph shall not be construed to require 26 the board of directors of a school district, the authorities 27 in charge of an accredited nonpublic school, or the governing 28 board of a charter school to disclose unfounded, closed 29 investigations. 30 e. The board of directors of a school district, the 31 authorities in charge of an accredited nonpublic school, or 32 the governing board of a charter school, and contractors of 33 the school district, the accredited nonpublic school, or the 34 charter school shall be immune from any civil liability arising 35 -7- SF 496.1464 (2) 90 jda/jh 7/ 38
from discussing an incident, past performance or actions, 1 past allegations leading to discipline or adverse employment 2 action, or employee resignation with any governmental agent, 3 governmental officer, or any potential employer. 4 f. If the board of educational examiners finds that the 5 board of directors of a school district, the authorities in 6 charge of an accredited nonpublic school, or the governing 7 board of a charter school has intentionally failed to follow 8 the process established by this subsection regarding an 9 incident, or the reporting requirements established pursuant 10 to section 272.15, related to an employee who holds a license, 11 endorsement, certification, authorization, or statement of 12 recognition issued by the board of educational examiners, the 13 board of educational examiners shall assess a fine against 14 an administrator of the school district, the accredited 15 nonpublic school, or the charter school who intentionally 16 failed to ensure compliance with the process of not less than 17 five hundred dollars and not more than five thousand dollars. 18 Payments of the fine provided in this paragraph shall be 19 remitted to the treasurer of the state for deposit in the 20 general fund of the state. 21 g. If the department finds that the board of directors of 22 a school district, the authorities in charge of an accredited 23 nonpublic school, or the governing board of a charter school 24 has intentionally failed to follow the process established by 25 this subsection regarding an incident related to an employee 26 who does not hold a license, endorsement, certification, 27 authorization, or statement of recognition issued by the board 28 of educational examiners, the department shall assess a fine 29 against an administrator of the school district, the accredited 30 nonpublic school, or the charter school who intentionally 31 failed to ensure compliance with the process of not less than 32 five hundred dollars and not more than five thousand dollars. 33 Payments of the fine provided in this paragraph shall be 34 remitted to the treasurer of the state for deposit in the 35 -8- SF 496.1464 (2) 90 jda/jh 8/ 38
general fund of the state. 1 h. If the board of educational examiners finds that the 2 board of directors of a school district, the authorities in 3 charge of an accredited nonpublic school, or the governing 4 board of a charter school has intentionally concealed, or 5 attempted to conceal from any governmental agent, governmental 6 officer, or potential employer a founded incident, or any 7 conduct required to be reported pursuant to section 272.15, 8 related to an employee who holds a license, endorsement, 9 certification, authorization, or statement of recognition 10 issued by the board of educational examiners, the board 11 of educational examiners shall assess a fine against an 12 administrator of the school district, the accredited nonpublic 13 school, or the charter school who intentionally assisted in the 14 concealment, or attempted concealment, of an incident, or any 15 conduct required to be reported pursuant to section 272.15, 16 of not more than ten thousand dollars. Payments of the fine 17 provided in this paragraph shall be remitted to the treasurer 18 of the state for deposit in the general fund of the state. 19 i. If the department finds that the board of directors of 20 a school district, the authorities in charge of an accredited 21 nonpublic school, or the governing board of a charter school 22 has intentionally concealed, or attempted to conceal from 23 any governmental agent, governmental officer, or potential 24 employer a founded incident related to an employee who does 25 not hold a license, endorsement, certification, authorization, 26 or statement of recognition issued by the board of educational 27 examiners, the department shall assess a fine against an 28 administrator of the school district, the accredited nonpublic 29 school, or the charter school who intentionally assisted in the 30 concealment, or attempted concealment, of an incident of not 31 more than ten thousand dollars. Payments of the fine provided 32 in this paragraph shall be remitted to the treasurer of the 33 state for deposit in the general fund of the state. 34 DIVISION V 35 -9- SF 496.1464 (2) 90 jda/jh 9/ 38
EDUCATIONAL PROGRAM 1 Sec. 7. Section 256.11, unnumbered paragraph 1, Code 2023, 2 is amended to read as follows: 3 The state board shall adopt rules under chapter 17A and 4 a procedure for accrediting all public and nonpublic schools 5 in Iowa offering instruction at any or all levels from the 6 prekindergarten level through grade twelve. The rules of 7 the state board shall require that a an age-appropriate, 8 multicultural, and gender-fair approach is used by schools and 9 school districts. The educational program shall be taught from 10 a an age-appropriate, multicultural, and gender-fair approach. 11 Global perspectives shall be incorporated into all levels of 12 the educational program. The rules adopted by the state board 13 pursuant to section 256.17, Code Supplement 1987 , to establish 14 new standards shall satisfy the requirements of this section to 15 adopt rules to implement the educational program contained in 16 this section . The educational program shall be as follows: 17 Sec. 8. Section 256.11, subsections 2, 3, 4, and 9, Code 18 2023, are amended to read as follows: 19 2. The kindergarten program shall include experiences 20 designed to develop healthy emotional and social habits and 21 growth in the language arts and communication skills, as well 22 as a capacity for the completion of individual tasks, and 23 protect and increase physical well-being with attention given 24 to experiences relating to the development of life skills and , 25 subject to section 279.80, age-appropriate and research-based 26 human growth and development. A kindergarten teacher shall be 27 licensed to teach in kindergarten. An accredited nonpublic 28 school must meet the requirements of this subsection only if 29 the nonpublic school offers a kindergarten program ; provided, 30 however, that section 279.80 shall not apply to a nonpublic 31 school . 32 3. The following areas shall be taught in grades one through 33 six: English-language arts, social studies, mathematics, 34 science, health, age-appropriate and research-based 35 -10- SF 496.1464 (2) 90 jda/jh 10/ 38
human growth and development, physical education, traffic 1 safety, music, and visual art , and, subject to section 2 279.80, age-appropriate and research-based human growth and 3 development . Computer science instruction incorporating 4 the standards established under section 256.7, subsection 5 26 , paragraph “a” , subparagraph (4), shall be offered in 6 at least one grade level commencing with the school year 7 beginning July 1, 2023. The health curriculum shall include 8 the characteristics of communicable diseases including acquired 9 immune deficiency syndrome . The state board as part of 10 accreditation standards shall adopt curriculum definitions for 11 implementing the elementary program. 12 4. The following shall be taught in grades seven and 13 eight: English-language arts; social studies; mathematics; 14 science; health; age-appropriate and research-based human 15 growth and development; career exploration and development; 16 physical education; music; and visual art. Computer science 17 instruction incorporating the standards established under 18 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 19 shall be offered in at least one grade level commencing with 20 the school year beginning July 1, 2023. Career exploration 21 and development shall be designed so that students are 22 appropriately prepared to create an individual career 23 and academic plan pursuant to section 279.61 , incorporate 24 foundational career and technical education concepts aligned 25 with the six career and technical education service areas 26 as defined in subsection 5 , paragraph “h” , and incorporate 27 relevant twenty-first century skills. The health curriculum 28 shall include age-appropriate and research-based information 29 regarding the characteristics of sexually transmitted diseases , 30 including HPV and the availability of a vaccine to prevent 31 HPV, and acquired immune deficiency syndrome . The state board 32 as part of accreditation standards shall adopt curriculum 33 definitions for implementing the program in grades seven 34 and eight. However, this subsection shall not apply to the 35 -11- SF 496.1464 (2) 90 jda/jh 11/ 38
teaching of career exploration and development in nonpublic 1 schools. For purposes of this section , “age-appropriate” , 2 “HPV” , and “research-based” mean the same as defined in section 3 279.50 . 4 9. a. Beginning July 1, 2006, each school district shall 5 have a qualified teacher librarian who shall be licensed by 6 the board of educational examiners under chapter 272 . Each 7 school district shall establish a kindergarten through grade 8 twelve library program that is consistent with the educational 9 standards established in this section, contains only 10 age-appropriate materials, and supports the student achievement 11 goals of the total school curriculum. 12 b. The state board shall establish in rule a definition 13 of and standards for an articulated sequential kindergarten 14 through grade twelve media program. 15 c. A school district that entered into a contract with an 16 individual for employment as a media specialist or librarian 17 prior to June 1, 2006, shall be considered to be in compliance 18 with this subsection until June 30, 2011, if the individual 19 is making annual progress toward meeting the requirements 20 for a teacher librarian endorsement issued by the board of 21 educational examiners under chapter 272 . A school district 22 that entered into a contract with an individual for employment 23 as a media specialist or librarian who holds at least a 24 master’s degree in library and information studies shall be 25 considered to be in compliance with this subsection until the 26 individual leaves the employ of the school district. 27 Sec. 9. Section 256.11, subsection 5, paragraph j, 28 subparagraph (1), Code 2023, is amended to read as follows: 29 (1) One unit of health education which shall include 30 personal health; food and nutrition; environmental health; 31 safety and survival skills; consumer health; family life; 32 age-appropriate and research-based human growth and 33 development; substance abuse and nonuse; emotional and 34 social health; health resources; and prevention and control 35 -12- SF 496.1464 (2) 90 jda/jh 12/ 38
of disease, including age-appropriate and research-based 1 information regarding sexually transmitted diseases , including 2 HPV and the availability of a vaccine to prevent HPV, and 3 acquired immune deficiency syndrome . 4 Sec. 10. Section 256.11, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 19. For purposes of this section: 7 a. (1) “Age-appropriate” means topics, messages, and 8 teaching methods suitable to particular ages or age groups 9 of children and adolescents, based on developing cognitive, 10 emotional, and behavioral capacity typical for the age or age 11 group. “Age-appropriate” does not include any material with 12 graphic descriptions or visual depictions of a sex act as 13 defined in section 702.17. 14 (2) Notwithstanding subparagraph (1), for purposes of the 15 human growth and development curriculum, “age-appropriate” means 16 the same as defined in section 279.50. 17 b. “Research-based” means the same as defined in section 18 279.50. 19 DIVISION VI 20 BOARD OF EDUCATIONAL EXAMINERS —— LICENSES 21 Sec. 11. Section 256.16, subsection 1, Code 2023, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . m. If a higher education institution 24 providing practitioner preparation offers a program that is 25 designed to assist students in attaining a teacher intern 26 license from the board of educational examiners, the program 27 shall require participants to satisfy all of the following 28 requirements before completing the program: 29 (1) A participant in the program must have graduated from 30 an accredited or state-approved college or university and must 31 meet the requirements for an endorsement area approved by the 32 board of educational examiners for a teacher intern license. 33 (2) A participant in the program must submit with the 34 application to the program a copy of an offer of employment 35 -13- SF 496.1464 (2) 90 jda/jh 13/ 38
from a school. 1 (3) A participant in the program must complete the required 2 pedagogy training. 3 (4) A participant in the program must work under the 4 supervision of a teacher leader assigned by the school district 5 or accredited nonpublic school, including during co-teaching 6 and planning time. 7 Sec. 12. NEW SECTION . 256.161A Temporary initial license 8 for applicants who complete an alternative teacher certification 9 program. 10 1. The board shall grant a temporary initial teaching 11 license to an applicant who meets all of the following 12 requirements: 13 a. The applicant shall hold a bachelor’s degree from an 14 accredited college or university. 15 b. The applicant shall successfully complete an alternative 16 teacher certification program that includes all of the 17 following: 18 (1) The required content training in the area in which the 19 applicant seeks to be licensed. 20 (2) Pedagogy training, including an examination, that 21 teaches effective instructional delivery, classroom management 22 and organization, assessment, instructional design, and 23 professional learning and leadership. 24 2. To be considered an alternative teacher certification 25 program for purposes of this section, an alternative teacher 26 certification program shall meet all of the following 27 requirements: 28 a. The alternative teacher certification program must 29 operate in at least five states. 30 b. The alternative teacher certification program must have 31 been in operation for at least ten years. 32 3. An individual who successfully completes an alternative 33 teacher certification program and who is granted a temporary 34 initial teaching license by the board under this section is 35 -14- SF 496.1464 (2) 90 jda/jh 14/ 38
authorized to teach the subjects and grade levels that the 1 individual successfully completed during the alternative 2 teacher certification program. 3 4. An individual who successfully completes an alternative 4 teacher certification program and who is granted a temporary 5 initial teaching license by the board under this section shall 6 not provide instruction to students who are eligible for 7 services under chapter 256B until the individual successfully 8 completes a practicum relating to providing instruction to 9 such students that includes short-term field experiences in 10 educational settings that are connected to specific coursework. 11 5. The board shall treat an individual who successfully 12 completes an alternative teacher certification program and who 13 is granted a temporary initial teaching license by the board 14 under this section in the same manner as an individual who 15 completes a traditional teacher preparation program and who 16 receives an initial teaching license, including during the 17 process of converting the temporary initial teaching license 18 to a standard teaching license. 19 Sec. 13. Section 272.2, subsection 13, Code 2023, is amended 20 to read as follows: 21 13. Adopt rules to provide for nontraditional preparation 22 options for licensing persons who hold a bachelor’s degree 23 or higher from an accredited or state-approved college or 24 university, who do not meet other requirements for licensure. 25 The rules shall, at a minimum, require the board to do all of 26 the following: 27 a. Issue a teacher intern license to an applicant who has 28 enrolled in a program established pursuant to section 256.16, 29 subsection 1, paragraph “m” . 30 b. Allow a licensee who has attained a teacher intern 31 license pursuant to paragraph “a” to apply for an initial 32 teaching license if the school that employed the licensee 33 during the licensee’s completion of the program established 34 pursuant to section 256.16, subsection 1, paragraph “m” , and 35 -15- SF 496.1464 (2) 90 jda/jh 15/ 38
the higher education institution that operated the program, 1 recommend that the licensee be allowed to apply for an initial 2 teaching license. 3 Sec. 14. Section 272.28, Code 2023, is amended to read as 4 follows: 5 272.28 Licensure beyond a temporary initial license or an 6 initial license. 7 1. Requirements for teacher licensure beyond a temporary 8 initial license or an initial license shall include successful 9 completion of a beginning teacher mentoring and induction 10 program approved by the state board of education pursuant to 11 section 284.5 ; or two years of successful teaching experience 12 in a school district with an approved career paths, leadership 13 roles, and compensation framework or approved comparable system 14 as provided in section 284.15 ; or evidence of not less than 15 three years of successful teaching experience at any of the 16 following: 17 a. An accredited nonpublic school in this state. 18 b. A preschool program approved by the United States 19 department of health and human services. 20 c. Preschool programs at school districts approved to 21 participate in the preschool program under chapter 256C . 22 d. Shared visions programs receiving grants from the child 23 development coordinating council under section 256A.3 . 24 e. Preschool programs receiving moneys from the school 25 ready children grants account of the early childhood Iowa fund 26 created in section 256I.11 . 27 2. A teacher from an accredited nonpublic school or another 28 state or country is exempt from the requirement of subsection 1 29 if the teacher can document three years of successful teaching 30 experience and meet or exceed the requirements contained in 31 rules adopted under this chapter for endorsement and licensure. 32 DIVISION VII 33 SCHOOL RESPONSIBILITIES 34 Sec. 15. Section 256E.7, subsection 2, paragraph i, Code 35 -16- SF 496.1464 (2) 90 jda/jh 16/ 38
2023, is amended to read as follows: 1 i. Be subject to and comply with section 279.76 relating 2 to physical examinations , and health screenings , and formal 3 examinations or surveys designed to assess a student’s mental, 4 emotional, or physical health in the same manner as a school 5 district. 6 Sec. 16. Section 256E.7, subsection 2, Code 2023, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . 0j. Be subject to and comply with the 9 requirements of section 279.78 relating to prohibitions and 10 requirements related to the gender identity of students in the 11 same manner as a school district. 12 NEW PARAGRAPH . 00j. Be subject to and comply with the 13 requirements of section 279.79 relating to student, employee, 14 and contractor participation in surveys, analyses, activities, 15 or evaluations in the same manner as a school district. 16 NEW PARAGRAPH . 000j. Be subject to and comply with the 17 requirements of section 279.80 relating to sexual orientation 18 and gender identity instruction in kindergarten through grade 19 six in the same manner as a school district. 20 NEW PARAGRAPH . 0000j. Be subject to and comply with the 21 requirements of section 279.81 relating to prohibiting students 22 from serving on any committees that determine, or provide 23 recommendations related to, whether a material in a school 24 library should be removed. 25 NEW PARAGRAPH . 00000j. Be subject to and comply with the 26 requirements of section 280.33 relating to the reporting and 27 investigation of an incident involving the possible commission 28 of a felony by any person who has been issued a license, 29 endorsement, certification, authorization, or statement of 30 recognition by the board of educational examiners in the same 31 manner as a school district. 32 NEW PARAGRAPH . 000000j. Be subject to and comply with the 33 requirements of section 280.34 relating to the requirement 34 to view the board of educational examiners’ public license 35 -17- SF 496.1464 (2) 90 jda/jh 17/ 38
information prior to hiring an individual who has been issued 1 a license, endorsement, certification, authorization, or 2 statement of recognition by the board of educational examiners 3 in the same manner as a school district. 4 Sec. 17. NEW SECTION . 256E.13 Extracurricular athletic 5 activities. 6 1. If a charter school established pursuant to this chapter 7 does not offer a particular extracurricular athletic activity, 8 a student enrolled in the charter school may participate in the 9 extracurricular athletic activity provided by the student’s 10 school district of residence as a member of a team from the 11 student’s school district of residence. 12 2. If a student participates in an extracurricular athletic 13 activity provided by the student’s school district of residence 14 pursuant to this section, the student shall be included in the 15 school district’s basic enrollment under section 257.6 and 16 shall be counted as one-tenth of one pupil for purposes of 17 section 257.6. 18 3. The state board may adopt rules pursuant to chapter 17A 19 to administer this section. 20 Sec. 18. Section 256F.4, subsection 2, paragraph k, Code 21 2023, is amended to read as follows: 22 k. Be subject to and comply with section 279.76 relating 23 to physical examinations , and health screenings , and formal 24 examinations or surveys designed to assess a student’s mental, 25 emotional, or physical health in the same manner as a school 26 district. 27 Sec. 19. Section 256F.4, subsection 2, Code 2023, is amended 28 by adding the following new paragraphs: 29 NEW PARAGRAPH . l. Be subject to and comply with the 30 requirements of section 279.78 relating to prohibitions and 31 requirements related to the gender identity of students in the 32 same manner as a school district. 33 NEW PARAGRAPH . m. Be subject to and comply with the 34 requirements of section 279.79 relating to student, employee, 35 -18- SF 496.1464 (2) 90 jda/jh 18/ 38
and contractor participation in surveys, analyses, activities, 1 or evaluations in the same manner as a school district. 2 NEW PARAGRAPH . n. Be subject to and comply with the 3 requirements of section 279.80 relating to sexual orientation 4 and gender identity instruction in kindergarten through grade 5 six in the same manner as a school district. 6 NEW PARAGRAPH . o. Be subject to and comply with the 7 requirements of section 279.81 relating to prohibiting students 8 from serving on any committees that determine, or provide 9 recommendations related to, whether a material in a school 10 library should be removed. 11 NEW PARAGRAPH . p. Be subject to and comply with the 12 requirements of section 280.33 relating to the reporting and 13 investigation of an incident involving the possible commission 14 of a felony by any person who has been issued a license, 15 endorsement, certification, authorization, or statement of 16 recognition by the board of educational examiners in the same 17 manner as a school district. 18 NEW PARAGRAPH . q. Be subject to and comply with the 19 requirements of section 280.34 relating to the requirement 20 to view the board of educational examiners’ public license 21 information prior to hiring an individual who has been issued 22 a license, endorsement, certification, authorization, or 23 statement of recognition by the board of educational examiners 24 in the same manner as a school district. 25 Sec. 20. Section 257.6, subsection 1, paragraph a, Code 26 2023, is amended by adding the following new subparagraph: 27 NEW SUBPARAGRAPH . (10) In addition to subparagraph (9), 28 resident pupils enrolled in a charter school under chapter 256E 29 who participate in extracurricular athletic activities pursuant 30 to section 256E.13 shall be counted as one-tenth of one pupil. 31 Sec. 21. Section 279.50, subsections 1 and 2, Code 2023, are 32 amended to read as follows: 33 1. Each Subject to section 279.80, each school board shall 34 provide instruction in kindergarten which gives attention 35 -19- SF 496.1464 (2) 90 jda/jh 19/ 38
to experiences relating to life skills and human growth and 1 development as required in section 256.11 . School districts 2 shall use research provided in section 256.9, subsection 46 , 3 paragraph “b” , to evaluate and upgrade their instructional 4 materials and teaching strategies for human growth and 5 development. 6 2. Each school board shall provide age-appropriate and 7 research-based instruction in human growth and development 8 including instruction regarding human sexuality, self-esteem, 9 stress management, interpersonal relationships, domestic 10 abuse, HPV and the availability of a vaccine to prevent HPV, 11 and acquired immune deficiency syndrome and the prevention and 12 control of disease, including sexually transmitted diseases as 13 required in section 256.11 , in grades one seven through twelve. 14 Sec. 22. Section 279.50, Code 2023, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 1A. Subject to section 279.80, each 17 school board shall provide age-appropriate and research-based 18 instruction in human growth and development including 19 instruction regarding self-esteem, stress management, 20 interpersonal relationships, and domestic abuse in grades one 21 through six. 22 Sec. 23. Section 279.50, subsection 9, paragraphs b and c, 23 Code 2023, are amended by striking the paragraphs. 24 Sec. 24. Section 279.76, subsection 1, Code 2023, is amended 25 to read as follows: 26 1. a. Each school district is prohibited from administering 27 or conducting an invasive physical examination of a student, 28 or a student health screening that is not required by state or 29 federal law, or a formal examination or survey of a student 30 that is designed to assess the student’s mental, emotional, or 31 physical health that is not required by state or federal law, 32 without first acquiring the written consent of the student’s 33 parent or guardian. This section applies only to a minor child 34 in the direct care of a parent or guardian, and does not apply 35 -20- SF 496.1464 (2) 90 jda/jh 20/ 38
to an emancipated minor or a minor who is not residing with the 1 parent or guardian. 2 b. Each school district shall give written notice to a 3 student’s parent or guardian of an examination or survey of 4 the student required by state or federal law that is designed 5 to assess the student’s mental, emotional, or physical health 6 not less than seven days prior to the examination or survey. 7 The notice shall include a copy of the examination or survey 8 or a link to an internet site where the parent or guardian may 9 access the examination or survey. 10 c. This subsection shall not apply to a hearing or vision 11 examination. 12 Sec. 25. NEW SECTION . 279.77 Transparency —— publication 13 of school district information. 14 1. Each school district shall publish all of the following 15 information related to the current school year on the school 16 district’s internet site: 17 a. A detailed explanation of the procedures or policies 18 in effect for the parent or guardian of a student enrolled in 19 the school district to request the removal of a book, article, 20 outline, handout, video, or other educational material that is 21 available to students in the classroom or in a library operated 22 by the school district. Each school district shall prominently 23 display the detailed explanation on the school district’s 24 internet site. 25 b. A detailed explanation of the procedures or policies in 26 effect to request the review of decisions made by the board 27 of directors of the school district, including the petition 28 process established pursuant to section 279.8B. 29 2. The board of directors of each school district shall 30 adopt a policy describing the procedures for a resident of 31 the district to review the instructional materials used in 32 classrooms in the school district. The policy shall include 33 a process for a student’s parent or guardian to request 34 that the student not be provided with certain instructional 35 -21- SF 496.1464 (2) 90 jda/jh 21/ 38
materials. The policy shall be prominently displayed on the 1 school district’s internet site and the board of directors of 2 the school district shall, at least annually, provide a written 3 or electronic copy of the policy to the parent or guardian of 4 each student enrolled in the school district. For purposes of 5 this section, “instructional materials” means either printed 6 or electronic textbooks and related core materials that are 7 written and published primarily for use in elementary school 8 and secondary school instruction and are required by a state 9 educational agency or local educational agency for use by 10 students in the student’s classes by the teacher of record. 11 “Instructional materials” does not include lesson plans. 12 3. Each school district shall make available on the school 13 district’s internet site a comprehensive list of all books 14 available to students in libraries operated by the school 15 district. However, for school years beginning prior to July 16 1, 2025, if the school district does not use an electronic 17 catalog, the school district may request a waiver from this 18 requirement from the department of education. 19 4. The identity of a parent or guardian who requests the 20 removal of a book, article, outline, handout, video, or other 21 educational material that is available to students in the 22 classroom or in a library operated by the school district 23 pursuant to subsection 1, paragraph “a” , shall be confidential 24 and shall not be a public record subject to disclosure under 25 chapter 22. 26 5. This section shall not be construed to require a school 27 district to do any of the following: 28 a. Reproduce educational materials that were not created by 29 a person employed by the board of directors. 30 b. Distribute any educational materials in a manner that 31 would infringe on the intellectual property rights of any 32 person. 33 Sec. 26. NEW SECTION . 279.78 Parental rights in education. 34 1. As used in this section: 35 -22- SF 496.1464 (2) 90 jda/jh 22/ 38
a. “Gender identity” means the same as defined in section 1 216.2. 2 b. “License” means the same as defined in section 272.1. 3 c. “Practitioner” means the same as defined in section 4 272.1. 5 2. A school district shall not knowingly give false or 6 misleading information to the parent or guardian of a student 7 regarding the student’s gender identity or intention to 8 transition to a gender that is different than the sex listed on 9 a student’s official birth certificate or certificate issued 10 upon adoption if the certificate was issued at or near the time 11 of the student’s birth. 12 3. If a student enrolled in a school district requests 13 an accommodation that is intended to affirm the student’s 14 gender identity from a licensed practitioner employed by 15 the school district, including a request that the licensed 16 practitioner address the student using a name or pronoun that 17 is different than the name or pronoun assigned to the student 18 in the school district’s registration forms or records, the 19 licensed practitioner shall report the student’s request 20 to an administrator employed by the school district, and 21 the administrator shall report the student’s request to the 22 student’s parent or guardian. 23 Sec. 27. NEW SECTION . 279.79 Protection of student rights. 24 1. The board of directors of a school district must 25 receive the prior written consent of a student’s parent or 26 guardian before requiring a student to take part in any survey, 27 analysis, activity, or evaluation that reveals information 28 concerning any of the following about the student or the 29 student’s family, whether the information is personally 30 identifiable or not: 31 a. The political affiliations or beliefs of the student or 32 the student’s parent or guardian. 33 b. Mental or psychological problems of the student or the 34 student’s family. 35 -23- SF 496.1464 (2) 90 jda/jh 23/ 38
c. Sexual behavior, orientation, or attitudes. 1 d. Illegal, antisocial, self-incriminating, or demeaning 2 behavior. 3 e. Critical appraisals of other individuals with whom the 4 student has close familial relationships. 5 f. Legally recognized privileged or analogous relationships, 6 such as those of attorneys, physicians, or ministers. 7 g. Religious practices, affiliations, or beliefs of the 8 student or the student’s parent or guardian. 9 h. Income, except when required by law to determine 10 eligibility for participation in a program or for receiving 11 financial assistance under such a program. 12 2. An employee of a school district, or a contractor engaged 13 by a school district, shall not answer any question pertaining 14 to any particular student enrolled in the school district 15 in any survey related to the social or emotional abilities, 16 competencies, or characteristics of the student, unless the 17 board of directors of the school district satisfies all of the 18 following requirements: 19 a. The board of directors of the school district provides to 20 the parent or guardian of each student enrolled in the school 21 district detailed information related to the survey, including 22 the person who created the survey, the person who sponsors the 23 survey, how information generated by the survey is used, and 24 how information generated by the survey is stored. 25 b. The board of directors of the school district receives 26 the written consent from a student’s parent or guardian 27 authorizing the employee or contractor to answer questions in 28 the survey pertaining to the student. 29 3. Subsection 2 shall not be construed to prohibit an 30 employee of a school district, or a contractor engaged by a 31 school district, from answering questions pertaining to any 32 particular student enrolled in the school district as part of 33 the process of developing or implementing an individualized 34 education program for such student. 35 -24- SF 496.1464 (2) 90 jda/jh 24/ 38
Sec. 28. NEW SECTION . 279.80 Sexual orientation and gender 1 identity —— prohibited instruction. 2 1. As used in this section: 3 a. “Gender identity” means the same as defined in section 4 216.2. 5 b. “Sexual orientation” means the same as defined in section 6 216.2. 7 2. A school district shall not provide any program, 8 curriculum, test, survey, questionnaire, promotion, or 9 instruction relating to gender identity or sexual orientation 10 to students in kindergarten through grade six. 11 Sec. 29. NEW SECTION . 279.81 Library materials review 12 committee. 13 The board of directors of a school district shall not allow a 14 student to serve on any committee that determines, or provides 15 recommendations related to, whether a material in a library 16 operated by the school district should be removed. 17 Sec. 30. NEW SECTION . 279.82 Intra-district enrollment. 18 1. A parent or guardian of a student enrolled in a 19 school district may enroll the student in another attendance 20 center within the same school district that offers classes 21 at the student’s grade level in the manner provided in this 22 section if, as a result of viewing a recording created by a 23 video surveillance system or a report from a school district 24 employee, the board of directors of the school district 25 determines that any student enrolled in the school district 26 has harassed or bullied the student. For purposes of this 27 subsection, “harassment” and “bullying” mean the same as defined 28 in section 280.28. 29 2. a. A parent or guardian shall send notification to the 30 board of directors of the school district, on forms prescribed 31 by the department of education, that the parent or guardian 32 intends to enroll the student in another attendance center 33 within the same school district that offers classes at the 34 student’s grade level. 35 -25- SF 496.1464 (2) 90 jda/jh 25/ 38
b. The board of directors of the school district shall 1 enroll the student in another attendance center within the same 2 school district unless the attendance center has insufficient 3 classroom space for the student. The board of directors of a 4 school district may adopt a policy granting the superintendent 5 of the school district authority to approve requests submitted 6 pursuant to this section. If the request is granted, the board 7 of directors of the school district shall transmit a copy of 8 the form to the parent or guardian within five days after board 9 action. The parent or guardian may withdraw the request at any 10 time prior to the board of directors’ action on the request. 11 A denial of a request by the board of directors is not subject 12 to appeal. 13 c. Each school district shall adopt a policy that defines 14 the term “insufficient classroom space” for that district. 15 3. A request under this section is for a period of not 16 less than one year. A student who attends school in another 17 attendance center pursuant to this section may return to the 18 original attendance center and enroll at any time, once the 19 parent or guardian has notified the board of directors of 20 the school district in writing of the decision to enroll the 21 student in the original attendance center. 22 4. If a request filed under this section is for a student 23 requiring special education under chapter 256B, the request to 24 transfer to another attendance center shall only be granted if 25 all of the following conditions are met: 26 a. The attendance center maintains a special education 27 instructional program that is appropriate to meet the student’s 28 educational needs and the enrollment of the student in the 29 attendance center would not cause the size of the class or 30 caseload in that special education instructional program in the 31 attendance center to exceed the maximum class size or caseload 32 established pursuant to rules adopted by the state board of 33 education. 34 b. If the student would be assigned to a general education 35 -26- SF 496.1464 (2) 90 jda/jh 26/ 38
class, there is sufficient classroom space for the general 1 education class to which the student would be assigned. 2 5. If a student, for whom a request to transfer has been 3 filed with the board of directors of a school district, has 4 been suspended or expelled in the school district, the student 5 shall not be permitted to transfer until the student has been 6 reinstated. Once the student has been reinstated, however, the 7 student shall be permitted to transfer in the same manner as if 8 the student had not been suspended or expelled. If a student, 9 for whom a request to transfer has been filed with the board 10 of directors of a school district, is expelled in the school 11 district, the student shall be permitted to transfer under this 12 section if the student applies for and is reinstated. However, 13 if the student applies for reinstatement but is not reinstated 14 in the school district, the board of directors of the school 15 district may deny the request to transfer. The decision of 16 the board of directors of the school district is not subject 17 to appeal. 18 6. A student who is enrolled in another attendance center 19 within the same school district pursuant to this section is 20 eligible to participate immediately in varsity interscholastic 21 athletic contests and athletic competitions as a member of a 22 team from the receiving attendance center. 23 7. This section shall not be construed to prohibit a 24 school district from allowing the parent or guardian of a 25 student enrolled in the school district to enroll the student 26 in another attendance center within the same school district 27 that offers classes at the student’s grade level pursuant to a 28 policy adopted by the board of directors of the school district 29 that allows for transfers for reasons in addition to those 30 allowed pursuant to this section. 31 8. The state board of education shall adopt rules pursuant 32 to chapter 17A to administer this section. 33 Sec. 31. NEW SECTION . 279.83 Notice to parents or guardians 34 related to physical injuries, harassment, or bullying. 35 -27- SF 496.1464 (2) 90 jda/jh 27/ 38
An employee of a school district shall notify the parents 1 or guardians of a student enrolled in the school district in 2 writing or by electronic mail within twenty-four hours after 3 the employee witnesses, either directly or indirectly by 4 viewing a recording created by a video surveillance system, any 5 of the following: 6 1. Any student enrolled in the school district physically 7 injuring the student. 8 2. Any student enrolled in the school district harassing 9 or bullying the student. For purposes of this subsection, 10 “harassment” and “bullying” mean the same as defined in section 11 280.28. 12 Sec. 32. NEW SECTION . 280.13D Seizure action plan and 13 training requirements. 14 1. For the purposes of this section, unless the context 15 otherwise requires: 16 a. “Individual health plan” means the confidential, written, 17 preplanned, and ongoing special health service developed for a 18 student who requires such service to be incorporated with the 19 student’s educational program. 20 b. “School nurse” means a registered nurse holding current 21 licensure recognized by the board of nursing who practices in 22 the school setting to promote and protect the health of the 23 school population by using knowledge from the nursing, social, 24 and public health sciences. 25 c. “School personnel” means principals, guidance counselors, 26 teachers, and other relevant employees who have direct contact 27 with and supervise children, including school bus drivers and 28 paraeducators. 29 d. “Seizure action plan” means a written set of instructions 30 designed to direct caregivers and staff to intervene in the 31 event of a seizure occurrence and is considered a plan for 32 emergencies as a part of an individual health plan. 33 2. a. Starting with the school year beginning July 1, 34 2024, the board of directors of each school district and the 35 -28- SF 496.1464 (2) 90 jda/jh 28/ 38
authorities in charge of each accredited nonpublic school shall 1 have at least one school employee at each school who has met 2 the training requirements necessary to administer or assist 3 with the self-administration of all of the following: 4 (1) A medication approved by the United States food and 5 drug administration to treat seizure disorder symptoms or 6 a medication approved by the United States food and drug 7 administration as a seizure rescue medication. 8 (2) A manual dose of prescribed electrical stimulation 9 using a vagus nerve stimulator magnet approved by the United 10 States food and drug administration. 11 b. The presence of a school nurse employed full-time by 12 a school district or accredited nonpublic school who assumes 13 responsibility for the administration of seizure medications 14 and the administration oversight of vagus nerve stimulation 15 shall fulfill the requirements of paragraph “a” . This section 16 shall not be construed to require school personnel, other than 17 a school nurse, to administer a suppository to a student. 18 3. a. On or before December 31, 2025, each public school 19 and each accredited nonpublic school shall provide training to 20 all school personnel on how to recognize the signs and symptoms 21 of seizures and the appropriate steps for seizure first aid. 22 b. Each public school and each accredited nonpublic school 23 shall require school personnel responsible for the supervision 24 or care of students to undergo seizure recognition and first 25 aid training on a biennial basis. 26 4. Any training programs or guidelines adopted by a state 27 agency for the training of school personnel in the health care 28 needs of students diagnosed with a seizure disorder shall be 29 consistent with training programs and guidelines developed 30 by the epilepsy foundation of America or any successor 31 organization. 32 5. This section shall not be construed to limit the 33 authority of a school district, an accredited nonpublic school, 34 or the department of education to require additional seizure 35 -29- SF 496.1464 (2) 90 jda/jh 29/ 38
disorder training. 1 6. a. Prior to school personnel administering medication 2 prescribed to treat a student’s seizure disorder symptoms, a 3 school or accredited nonpublic school shall obtain a signed and 4 dated authorization from the student’s parent or guardian that 5 authorizes a person who meets the requirements of subsection 2 6 to administer medication in accordance with the school’s policy 7 and procedures. 8 b. Authorizations required pursuant to paragraph “a” shall 9 be effective for the school year in which the authorization is 10 granted and must be renewed each school year. 11 7. Upon the request of a student’s parent or guardian, 12 a school district or accredited nonpublic school shall 13 collaborate with the parent or guardian and relevant licensed 14 health care professionals, including the school nurse or 15 education team, in the development of an individual health 16 plan, and a seizure action plan if appropriate, consistent 17 with rules adopted by the state board of education. The 18 individual health plan or seizure action plan shall be based 19 on the student’s needs and may include but is not limited 20 to assessment, nursing diagnosis, outcomes, planning, 21 interventions, student goals, and a plan for emergencies to 22 provide direction in managing the student’s health needs. The 23 plan shall be updated consistent with timelines for individual 24 health plans and with rules adopted by the state board of 25 education. 26 8. a. Each school district and each accredited nonpublic 27 school shall maintain all authorizations pursuant to subsection 28 6, individual health plans, and seizure action plans for 29 enrolled students on file in the office of the school nurse or 30 school administrator. 31 b. Each school district and each accredited nonpublic 32 school shall distribute information regarding a student’s 33 seizure action plan to any school personnel responsible for the 34 supervision or care of the student. 35 -30- SF 496.1464 (2) 90 jda/jh 30/ 38
9. The requirements of subsections 6, 7, and 8 shall only 1 apply to a school district or accredited nonpublic school that 2 has either of the following: 3 a. An enrolled student with a known diagnosis of epilepsy or 4 seizure disorder. 5 b. An enrolled student who is known to currently be taking 6 medication prescribed by a health care provider as that term 7 is defined in section 135.61, and approved by the United 8 States food and drug administration to treat seizure disorder 9 symptoms. 10 10. The state board of education shall adopt rules to 11 establish a seizure education program for the purpose of 12 providing school districts and accredited nonpublic schools an 13 age-appropriate program on seizures and seizure disorders. The 14 seizure education program shall be consistent with guidelines 15 published by the epilepsy foundation of America or any 16 successor organization, and participation in the program shall 17 be optional. 18 11. A school district or accredited nonpublic school, an 19 employee of a school district or accredited nonpublic school, 20 or an agent of a school district or accredited nonpublic 21 school acting in good faith and in compliance with a student’s 22 individual health plan and seizure action plan shall not be 23 liable for any claim for injuries or damages arising from 24 actions taken to assist a student with the student’s needs 25 related to epilepsy or a seizure disorder. 26 Sec. 33. NEW SECTION . 280.33 Incidents related to licensed 27 practitioners —— reporting and investigation. 28 The board of directors of a school district and the 29 authorities in charge of each accredited nonpublic school shall 30 follow the process created by the department of education 31 pursuant to section 256.9, subsection 66, related to the 32 reporting and investigation of an incident involving the 33 possible commission of a felony by any employee of the board of 34 directors of the school district or the authorities in charge 35 -31- SF 496.1464 (2) 90 jda/jh 31/ 38
of the accredited nonpublic school. 1 Sec. 34. NEW SECTION . 280.34 Requirement to view public 2 license information. 3 Prior to hiring an individual who has been issued a license, 4 endorsement, certification, authorization, or statement of 5 recognition by the board of educational examiners, a school 6 district or an accredited nonpublic school, as applicable, 7 shall view the board of educational examiners’ public license 8 information to determine if the individual has a case pending 9 with a finding of probable cause or any licensure sanction. 10 This section shall not be construed to require the board 11 of educational examiners to disclose unfounded, closed 12 investigations. 13 Sec. 35. EFFECTIVE DATE. The following, being deemed of 14 immediate importance, take effect upon enactment: 15 1. The section of this division of this Act enacting section 16 279.82. 17 2. The section of this division of this Act enacting section 18 279.83. 19 DIVISION VIII 20 BOARD OF EDUCATIONAL EXAMINERS —— MEMBERSHIP AND MISCELLANEOUS 21 RESPONSIBILITIES 22 Sec. 36. Section 272.2, subsection 14, paragraph b, 23 subparagraph (1), unnumbered paragraph 1, Code 2023, is amended 24 to read as follows: 25 The person entered a plea of guilty to, or has been found 26 guilty of, or the board has found by a preponderance of the 27 evidence that the person committed, any of the following 28 offenses, whether or not a sentence is imposed: 29 Sec. 37. Section 272.2, subsection 15, Code 2023, is amended 30 to read as follows: 31 15. a. Adopt rules that require specificity in written 32 complaints that are filed by individuals who have personal 33 knowledge of an alleged violation and which are accepted by 34 the board, provide that the jurisdictional requirements as set 35 -32- SF 496.1464 (2) 90 jda/jh 32/ 38
by the board in administrative rule are met on the face of the 1 complaint before initiating an investigation of allegations, 2 provide that any investigation be limited to the allegations 3 contained on the face of the complaint, provide for an adequate 4 interval between the receipt of a complaint and public notice 5 of the complaint, permit parties to a complaint to mutually 6 agree to a resolution of the complaint filed with the board, 7 allow the respondent the right to review any investigative 8 report upon a finding of probable cause for further action by 9 the board, require that the conduct providing the basis for 10 the complaint occurred within three years of discovery of the 11 event by the complainant unless good cause can be shown for 12 an extension of this limitation, and require complaints to be 13 resolved within one hundred eighty days unless good cause can 14 be shown for an extension of this limitation , and require the 15 board to finalize the investigation of the written complaint 16 even if the licensed practitioner resigns or surrenders the 17 licensed practitioner’s license, certificate, authorization, or 18 statement of recognition during the investigation . 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 -33- SF 496.1464 (2) 90 jda/jh 33/ 38
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. 38. Section 272.2, Code 2023, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 26. Adopt rules pursuant to chapter 9 17A that allow an individual seeking a career and technical 10 secondary authorization to apply, and if eligible, be issued 11 the secondary authorization prior to accepting an offer of 12 employment with a school. 13 Sec. 39. Section 272.3, Code 2023, is amended by striking 14 the section and inserting in lieu thereof the following: 15 272.3 Membership. 16 1. The board of educational examiners shall consist of 17 eleven members, subject to the following requirements: 18 a. Five members shall be the parent or guardian of a student 19 who is either currently enrolled or has been enrolled within 20 the seven years immediately prior to the member’s appointment 21 in a school district, nonpublic school, or charter school 22 located in this state and shall not currently hold any elective 23 office, shall not be an employee or contractor of a school 24 district, nonpublic school, or charter school, and shall not 25 have been an employee or contractor of a school district, 26 nonpublic school, or charter school within the ten years 27 immediately prior to the member’s appointment. 28 b. Five members shall be licensed practitioners. One of 29 the members appointed pursuant to this paragraph shall be an 30 administrator and one shall be a special education teacher. 31 c. One member shall be a member of the board of directors of 32 a school district. 33 2. The membership of the board shall comply with the 34 requirements of sections 69.16 and 69.16A. A quorum of the 35 -34- SF 496.1464 (2) 90 jda/jh 34/ 38
board shall consist of six members. Members shall elect a 1 chairperson of the board. Members shall be appointed by the 2 governor subject to confirmation by the senate. 3 Sec. 40. Section 272.4, subsection 1, Code 2023, is amended 4 to read as follows: 5 1. Members , except for the director of the department of 6 education or the director’s designee, shall be appointed to 7 serve staggered terms of four years. A member shall not serve 8 more than two consecutive terms , except for the director of the 9 department of education or the director’s designee, who shall 10 serve until the director’s term of office expires . A member of 11 the board , except for the two public members and the director 12 of the department of education or the director’s designee, who 13 is a licensed practitioner appointed pursuant to section 272.3, 14 subsection 1, paragraph “b” , shall hold a valid practitioner’s 15 license during the member’s term of office. A vacancy exists 16 when any of the following occur: 17 a. A nonpublic member’s license The license of a licensed 18 practitioner appointed pursuant to section 272.3, subsection 1, 19 paragraph “b” , expires, is suspended, or is revoked. 20 b. A nonpublic member licensed practitioner appointed 21 pursuant to section 272.3, subsection 1, paragraph “b” , retires 22 or terminates employment as a practitioner. 23 c. A member dies, resigns, is removed from office, or is 24 otherwise physically unable to perform the duties of office. 25 d. A member’s term of office expires. 26 Sec. 41. BOARD OF EDUCATIONAL EXAMINERS MEMBERSHIP —— 27 TRANSITION. 28 1. The terms of office associated with the members of the 29 board of educational examiners shall, as of the effective 30 date of this division of this Act, be deemed to have expired, 31 notwithstanding the terms of office associated with the members 32 under section 272.3. 33 2. For the members of the board of educational examiners 34 first appointed by the governor on or after the effective date 35 -35- SF 496.1464 (2) 90 jda/jh 35/ 38
of this division of this Act, five shall serve an initial term 1 of two years and six shall serve an initial term of four years. 2 When the governor appoints such members, the governor shall 3 indicate whether the appointee’s term shall be for two years or 4 for four years. For purposes of the limitation on consecutive 5 terms a member may serve under section 272.4, subsection 1, a 6 term of two years shall be considered a full term. 7 DIVISION IX 8 PRIVATE INSTRUCTION AND SPECIAL EDUCATION 9 Sec. 42. Section 299A.9, subsection 1, Code 2023, is amended 10 to read as follows: 11 1. A child of compulsory attendance age who is identified 12 as requiring special education under chapter 256B is eligible 13 for placement under competent private instruction with prior 14 approval of the placement by the director of special education 15 of the area education agency of the child’s district of 16 residence . 17 Sec. 43. Section 299A.9, Code 2023, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. The parent, guardian, or legal custodian 20 of a child who is identified as requiring special education 21 may request dual enrollment pursuant to section 299A.8. The 22 appropriate special education services for the child shall be 23 determined pursuant to chapter 256B and rules adopted pursuant 24 to chapter 256B. 25 DIVISION X 26 PARENTS AND GUARDIANS RIGHTS 27 Sec. 44. NEW SECTION . 601.1 Parents and guardians —— 28 rights. 29 1. For purposes of this section: 30 a. “Emergent care situation” means a sudden or unforeseen 31 occurrence or onset of a medical or behavioral condition that 32 could result in serious injury or harm to a minor child in the 33 event immediate medical attention is not provided. 34 b. “Medical care” means any care, treatment, service, or 35 -36- SF 496.1464 (2) 90 jda/jh 36/ 38
procedure to prevent, diagnose, alleviate, treat, or cure a 1 minor child’s physical or mental condition. 2 c. “Minor child” means an unmarried and unemancipated person 3 under the age of eighteen years. 4 2. Subject to section 147.164, as enacted by 2023 Iowa 5 Acts, Senate File 538, a parent or guardian bears the ultimate 6 responsibility, and has the fundamental, constitutionally 7 protected right, to make decisions affecting the parent’s 8 or guardian’s minor child, including decisions related to 9 the minor child’s medical care, moral upbringing, religious 10 upbringing, residence, education, and extracurricular 11 activities. Any and all restrictions of this right shall be 12 subject to strict scrutiny. 13 3. This section shall not be construed to prohibit any of 14 the following: 15 a. A minor child from receiving medical attention in an 16 emergent care situation. 17 b. A person from cooperating in a child abuse assessment 18 commenced in accordance with section 232.71B. 19 c. A court, law enforcement officer, or an employee of a 20 governmental entity that is responsible for child welfare from 21 acting in the court’s, law enforcement officer’s, or employee’s 22 official capacity and scope of authority. 23 d. A court from issuing an order that is otherwise permitted 24 by law. 25 4. This section shall not be construed to authorize a parent 26 or guardian to engage in conduct that is unlawful or to abuse 27 or neglect a minor child in violation of the laws of this 28 state. 29 5. The rights guaranteed to parents and guardians by this 30 section are not a comprehensive list of the rights reserved 31 to parents or guardians of a minor child. The enumeration of 32 the rights contained in this section shall not be construed to 33 limit the rights reserved to parents or guardians of a minor 34 child. 35 -37- SF 496.1464 (2) 90 jda/jh 37/ 38
DIVISION XI 1 IMPLEMENTATION OF ACT 2 Sec. 45. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 3, shall not apply to this Act. > 4 2. Title page, line 3, after < child, > by inserting 5 < authorizing the parent or guardian of a student enrolled in 6 a school district to enroll the student in another attendance 7 center within the same school district in certain specified 8 circumstances, modifying the membership of the board of 9 educational examiners, establishing a temporary initial 10 teaching license to be issued by the board of educational 11 examiners to applicants who complete an alternative teacher 12 certification program, > 13 3. Title page, line 8, after < screenings, > by inserting 14 < mandatory reporters, > 15 4. Title page, line 11, by striking < districts > and 16 inserting < districts, accredited nonpublic schools, the 17 department of education, the board of educational examiners, > 18 5. Title page, line 13, after < education > by inserting < , 19 and including effective date provisions > 20 ______________________________ COMMITTEE ON EDUCATION WHEELER of Sioux, Chairperson -38- SF 496.1464 (2) 90 jda/jh 38/ 38 #2. #3. #4. #5.