H.F. 2065 DIVISION I 1 STATEWIDE TEACHER COLLECTIVE BARGAINING AGREEMENTS 2 Section 1. Section 8A.402, subsection 1, paragraph g, Code 3 2016, is amended to read as follows: 4 g. Employment relations, including the negotiation and 5 administration of collective bargaining agreements on behalf 6 of the executive branch of the state and its departments and 7 agencies and school districts and area education agencies as 8 provided in chapter 20 . However, the state board of regents, 9 for the purposes of implementing and administering collective 10 bargaining pursuant to chapter 20 , shall act as the exclusive 11 representative of the state with respect to its faculty, 12 scientific, and other professional staff. 13 Sec. 2. NEW SECTION . 20.17A Statewide collective bargaining 14 —— teachers. 15 1. The department of administrative services shall 16 negotiate proposed collective bargaining agreements with public 17 employees who are teachers licensed under chapter 272 and who 18 are employed by a public employer which is a school district or 19 area education agency on behalf of such school districts and 20 area education agencies on a statewide basis. 21 2. A school district or area education agency shall not, 22 pursuant to this chapter, negotiate or enter into a collective 23 bargaining agreement with teachers licensed under chapter 24 272 and not negotiated with the department of administrative 25 services for a duration extending beyond June 30, 2017. A 26 school district or area education agency shall not, pursuant to 27 this chapter, renew, continue, or otherwise extend the duration 28 of any collective bargaining agreement with teachers licensed 29 under chapter 272 and not negotiated with the department of 30 administrative services unless the duration of such agreement 31 ends on or before June 30, 2017. 32 Sec. 3. NEGOTIATION OF FIRST STATEWIDE TEACHER COLLECTIVE 33 BARGAINING AGREEMENT. In the absence of an impasse agreement 34 negotiated pursuant to section 20.19 which provides for a 35 -1- LSB 5541YH (4) 86 je/ec 1/ 7

H.F. 2065 different completion date, public employees represented by a 1 certified employee organization who are teachers licensed under 2 chapter 272 and who are employed by a public employer which 3 is a school district or area education agency shall complete 4 the negotiation of the first proposed collective bargaining 5 agreement negotiated pursuant to section 20.17A, as enacted by 6 this Act, not later than May 31, 2017. 7 Sec. 4. TRANSITION PROCEDURES. The public employment 8 relations board shall establish any procedures necessary 9 to facilitate the implementation of statewide collective 10 bargaining as provided in this Act with public employees who 11 are teachers licensed under chapter 272, and of any agreement 12 entered into pursuant to such collective bargaining, by 13 school districts and area education agencies that, before the 14 effective date of this division of this Act, have entered into 15 collective bargaining agreements with such employees with 16 durations extending beyond June 30, 2017, upon the expiration 17 of such agreements. 18 Sec. 5. REPORT ON CHANGES IN LAW. By December 16, 2016, 19 the public employment relations board and the department 20 of education shall submit a report to the general assembly 21 recommending any transition provisions and any changes to the 22 Code, administrative rules, or other law that may be necessary 23 to fully implement this Act. 24 Sec. 6. EFFECTIVE UPON ENACTMENT. This division of this 25 Act, being deemed of immediate importance, takes effect upon 26 enactment. 27 Sec. 7. APPLICABILITY. The provisions of this division of 28 this Act amending section 8A.402 and enacting section 20.17A 29 do not apply to collective bargaining agreements entered into 30 before the effective date of this division of this Act. 31 DIVISION II 32 CONFORMING STATUTORY AMENDMENTS 33 Sec. 8. Section 257.10, subsection 9, paragraph d, Code 34 2016, is amended to read as follows: 35 -2- LSB 5541YH (4) 86 je/ec 2/ 7

H.F. 2065 d. For the budget year beginning July 1, 2009, the use 1 of the funds calculated under this subsection shall comply 2 with the requirements of chapter 284 and shall be distributed 3 to teachers pursuant to section 284.3A . For the budget year 4 beginning July 1, 2010, and succeeding budget years, the use of 5 the funds calculated under this subsection shall comply with 6 the requirements of chapter 284 and shall be distributed to 7 teachers pursuant to section 284.3A . 8 Sec. 9. Section 273.12, Code 2016, is amended to read as 9 follows: 10 273.12 Funds —— use restricted. 11 Funds generated for educational services shall not be 12 expended by an area education agency for the purpose of 13 assisting either a public employer or employee organization 14 in collective bargaining negotiations under chapter 20 if 15 the public employer is a school district, or the employee 16 organization consists of employees of a school district, 17 located within the boundaries of the area education agency. 18 Funds generated for educational services shall not be expended 19 by an area education agency for the purpose of assisting the 20 department of administrative services in collective bargaining 21 negotiations under chapter 20. 22 Sec. 10. Section 273.22, subsection 2, paragraph b, Code 23 2016, is amended to read as follows: 24 b. The board of the newly formed area education agency or 25 the department of administrative services , as appropriate, 26 using the base agreement as its existing contract, shall 27 bargain with the combined employees of the affected agencies 28 for the school year that begins on the effective date of the 29 reorganization. The bargaining shall be completed by the dates 30 specified in section 20.17 prior to the school year in which 31 the reorganization becomes effective or within one hundred 32 eighty days after the organization of the new board, whichever 33 is later. If a bargaining agreement was already concluded 34 by the board or department of administrative services and 35 -3- LSB 5541YH (4) 86 je/ec 3/ 7

H.F. 2065 employees of the affected agency with the contract serving 1 as the base agreement for the school year beginning with the 2 effective date of the reorganization, that agreement shall 3 be void. However, if the base agreement contains multiyear 4 provisions affecting school years subsequent to the effective 5 year of the reorganization, the base agreement shall remain in 6 effect as specified in the agreement. 7 Sec. 11. Section 275.33, subsection 2, paragraph b, Code 8 2016, is amended to read as follows: 9 b. The board of the newly formed district or the department 10 of administrative services , as appropriate, using the base 11 agreement as its existing contract, shall bargain with the 12 combined employees of the existing districts for the school 13 year beginning with the effective date of the reorganization. 14 The bargaining shall be completed by the dates specified 15 in section 20.17 prior to the school year in which the 16 reorganization becomes effective or within one hundred eighty 17 days after the organization of the new board, whichever is 18 later. If a bargaining agreement was already concluded by the 19 board or department of administrative services and employees 20 of the existing district with the contract serving as the base 21 agreement for the school year beginning with the effective 22 date of the reorganization, that agreement shall be void. 23 However, if the base agreement contains multiyear provisions 24 affecting school years subsequent to the effective date of the 25 reorganization, the base agreement shall remain in effect as 26 specified in the agreement. 27 Sec. 12. Section 279.14, subsection 1, Code 2016, is amended 28 to read as follows: 29 1. The board shall establish evaluation criteria and shall 30 implement evaluation procedures. If an exclusive bargaining 31 representative has been certified, the board department of 32 administrative services shall negotiate in good faith with 33 respect to evaluation procedures pursuant to chapter 20 . 34 Sec. 13. Section 284.3, subsection 2, paragraphs a and b, 35 -4- LSB 5541YH (4) 86 je/ec 4/ 7

H.F. 2065 Code 2016, are amended to read as follows: 1 a. For purposes of comprehensive evaluations, standards 2 and criteria which measure a beginning teacher’s performance 3 against the Iowa teaching standards specified in subsection 1 , 4 and the criteria for the Iowa teaching standards developed by 5 the department in accordance with section 256.9, to determine 6 whether the teacher’s practice meets the requirements specified 7 for a career teacher. These standards and criteria shall be 8 set forth in an instrument provided by the department. The 9 comprehensive evaluation and instrument are not subject to 10 negotiations or grievance procedures pursuant to chapter 20 or 11 determinations made by the board of directors under section 12 279.14 . A local school board The department of administrative 13 services and its a certified bargaining representative may 14 negotiate, pursuant to chapter 20 , evaluation and grievance 15 procedures for beginning teachers that are not in conflict 16 with this chapter . If, in accordance with section 279.19 , 17 a beginning teacher appeals the determination of a school 18 board to an adjudicator under section 279.17 , the adjudicator 19 selected shall have successfully completed training related 20 to the Iowa teacher standards, the criteria adopted by the 21 state board in accordance with subsection 3 , and any additional 22 training required under rules adopted by the public employment 23 relations board in cooperation with the state board. 24 b. For purposes of performance reviews for teachers 25 other than beginning teachers, evaluations that contain, 26 at a minimum, the Iowa teaching standards specified in 27 subsection 1 , as well as the criteria for the Iowa teaching 28 standards developed by the department in accordance with 29 section 256.9, subsection 46 . A local school board The 30 department of administrative services and its a certified 31 bargaining representative may negotiate, pursuant to chapter 32 20 , additional teaching standards and criteria. A local school 33 board The department of administrative services and its a 34 certified bargaining representative shall negotiate, pursuant 35 -5- LSB 5541YH (4) 86 je/ec 5/ 7

H.F. 2065 to chapter 20 , evaluation and grievance procedures for teachers 1 other than beginning teachers that are not in conflict with 2 this chapter . 3 Sec. 14. Section 284.3A, subsection 1, Code 2016, is amended 4 by striking the subsection. 5 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this 6 Act, being deemed of immediate importance, takes effect upon 7 enactment. 8 Sec. 16. APPLICABILITY. This division of this Act shall not 9 be construed to affect collective bargaining agreements entered 10 into before the effective date of this division of this Act or 11 parties acting under such agreements. Code 2016 provisions 12 shall continue to apply to such agreements and parties. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 DIVISION I —— STATEWIDE TEACHER COLLECTIVE BARGAINING 17 AGREEMENTS. Under current law, when licensed teachers who 18 are employed by a school district or area education agency 19 engage in collective bargaining pursuant to Code chapter 20, 20 the public employment relations Act, such teachers negotiate 21 directly with their employers. This division of the bill 22 provides that the department of administrative services 23 shall conduct such negotiations with licensed teachers on 24 behalf of school districts and area education agencies on a 25 statewide basis. This requirement does not apply to collective 26 bargaining agreements entered into before the effective date of 27 the division. 28 The division requires public employees represented by a 29 certified employee organization who are licensed teachers and 30 who are employed by a school district or area education agency 31 to complete the negotiation of the first proposed collective 32 bargaining agreement negotiated pursuant to the division not 33 later than May 31, 2017, unless a different date is negotiated 34 pursuant to Code section 20.19. 35 -6- LSB 5541YH (4) 86 je/ec 6/ 7

H.F. 2065 The division prohibits a school district or area education 1 agency from negotiating or entering into a collective 2 bargaining agreement with licensed teachers that is not 3 negotiated with the department of administrative services 4 for a duration extending beyond June 30, 2017. The division 5 prohibits a school district or area education agency from 6 renewing, continuing, or otherwise extending the duration of 7 any collective bargaining agreement with licensed teachers 8 that is not negotiated with the department of administrative 9 services unless the duration of such agreement ends on or 10 before June 30, 2017. 11 The division requires the public employment relations 12 board to establish any procedures necessary to facilitate the 13 implementation of statewide collective bargaining with licensed 14 teachers and any agreement entered into pursuant to such 15 collective bargaining by school districts and area education 16 agencies that, before the effective date of the division, 17 have entered into collective bargaining agreements with such 18 employees with durations extending beyond June 30, 2017, upon 19 the expiration of such agreements. 20 The division requires the public employment relations board 21 and the department of education to submit a report to the 22 general assembly recommending any transition provisions and any 23 changes to the Code, administrative rules, or other law that 24 may be necessary to fully implement the division. 25 The division takes effect upon enactment. 26 DIVISION II —— CONFORMING STATUTORY AMENDMENTS. This 27 division of the bill makes conforming statutory changes 28 relating to the implementation of statewide collective 29 bargaining by licensed teachers employed by school districts 30 and area education agencies. 31 The division shall not be construed to affect collective 32 bargaining agreements entered into before the effective date of 33 the division or parties acting under such agreements. 34 The division takes effect upon enactment. 35 -7- LSB 5541YH (4) 86 je/ec 7/ 7