House
File
2184
-
Introduced
HOUSE
FILE
2184
BY
SALMON
,
KERR
,
BAXTER
,
OSMUNDSON
,
GASSMAN
,
GERHOLD
,
JENEARY
,
SHIPLEY
,
and
WHEELER
A
BILL
FOR
An
Act
providing
for
the
establishment
of
a
policy
prohibiting
1
public
school
teachers
from
engaging
in
political
or
2
ideological
advocacy
while
carrying
out
student
instruction
3
or
otherwise
acting
within
the
scope
of
employment
by
4
a
school
district,
providing
for
related
training,
and
5
providing
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
256.25
Political
or
ideological
1
advocacy
in
instruction
by
teachers
prohibited
——
policy.
2
1.
The
state
board
shall
adopt
by
rule
pursuant
to
chapter
3
17A
a
policy
prohibiting
a
public
school
teacher,
regardless
4
of
tenure
status,
from
engaging
in
political
or
ideological
5
advocacy
while
carrying
out
student
instruction
or
otherwise
6
acting
within
the
scope
of
the
teacher’s
employment
by
a
school
7
district.
The
policy
shall
prohibit
a
teacher
from
doing
any
8
of
the
following
while
carrying
out
student
instruction
or
9
otherwise
acting
within
the
scope
of
the
teacher’s
employment
10
by
a
school
district:
11
a.
Endorsing,
supporting,
or
opposing
any
candidate
or
12
nominee
for
public
office
or
any
elected
or
appointed
official,
13
whether
such
official
is
a
member
of
the
local,
state,
or
14
federal
government.
15
b.
Endorsing,
supporting,
or
opposing
any
pending,
proposed,
16
or
enacted
legislation
or
regulation,
whether
such
legislation
17
or
regulation
is
pending,
proposed,
or
has
been
enacted
at
the
18
local,
state,
or
federal
level.
19
c.
Endorsing,
supporting,
or
opposing
any
pending,
proposed,
20
or
decided
court
case
or
judicial
action,
whether
such
court
21
case
or
judicial
action
is
at
the
local,
state,
or
federal
22
level.
23
d.
Endorsing,
supporting,
or
opposing
any
pending,
proposed,
24
or
executed
executive
action
by
an
executive
branch
agency
at
25
the
local,
state,
or
federal
level.
26
e.
Introducing
into
discussion
or
coursework
any
27
controversial
subject
matter
that
is
not
germane
to
the
topic
28
of
the
course
being
taught.
29
f.
Endorsing,
supporting,
or
engaging
in
any
activities
that
30
hamper
or
impede
the
lawful
access
of
military
recruiters
to
31
school
grounds.
32
g.
Endorsing,
supporting,
or
engaging
in
any
activities
that
33
hamper
or
impede
the
actions
of
local,
state,
or
federal
law
34
enforcement.
35
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h.
(1)
Advocating
in
a
partisan
manner
for
any
side
of
1
a
controversial
issue.
A
teacher
may
express
the
teacher’s
2
opinion
on
a
controversial
issue
but
only
in
such
a
manner
that
3
students
understand
themselves
to
be
free
to
make
up
their
own
4
minds
and
to
disagree
with
the
teacher
without
incurring
any
5
penalty
for
doing
so.
6
(2)
To
ensure
that
students
have
the
resources
to
make
up
7
their
own
minds
regarding
a
controversial
issue
discussed
by
8
a
teacher,
the
teacher
shall
provide
students
with
materials
9
supporting
all
sides
of
the
controversial
issue
and
present
10
those
views
in
a
fair-minded,
nonpartisan
manner.
11
(3)
For
purposes
of
this
paragraph,
“controversial
issue”
12
means
an
issue
that
is
addressed
in
an
electoral
party
platform
13
at
the
local,
state,
or
federal
level.
14
i.
Segregating
students
according
to
race
or
singling
out
15
one
racial
group
of
students
as
responsible
for
the
suffering
16
or
inequities
experienced
by
another
racial
group
of
students.
17
2.
Each
school
district
shall
post
the
policy
adopted
18
pursuant
to
subsection
1
on
the
district’s
internet
site.
19
3.
The
state
board
shall
establish
a
process
for
annual,
20
written
notification
of
all
teachers,
students,
and
parents
21
and
guardians
of
students
of
the
rights,
responsibilities,
22
and
restrictions
provided
in
the
policy
adopted
pursuant
23
to
subsection
1.
Such
notification
may
be
implemented
by
24
electronic
means.
25
4.
Employee
organizations
representing
teachers
in
this
26
state
are
encouraged
to
voluntarily
adopt
a
teachers’
code
27
of
ethics
and
professional
responsibility
that
incorporates
28
the
principles
of
the
policy
adopted
pursuant
to
subsection
1
29
and
that
specifically
prohibits
a
public
school
teacher
from
30
engaging
in
political
or
ideological
advocacy
while
carrying
31
out
student
instruction
or
otherwise
acting
within
the
scope
of
32
the
teacher’s
employment
by
a
school
district.
33
Sec.
2.
Section
272.2,
Code
2020,
is
amended
by
adding
the
34
following
new
subsection:
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NEW
SUBSECTION
.
23.
Adopt
rules
to
provide
in
the
board’s
1
code
of
professional
conduct
and
ethics
that
any
public
school
2
teacher
who
violates
the
policy
adopted
pursuant
to
section
3
256.25,
subsection
1,
engages
in
unprofessional
and
unethical
4
conduct
that
may
result
in
disciplinary
action
by
the
board.
5
Sec.
3.
Section
272.15,
subsection
1,
paragraph
a,
6
subparagraph
(1),
Code
2020,
is
amended
by
adding
the
following
7
new
subparagraph
division:
8
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Violating
the
policy
9
adopted
pursuant
to
section
256.25,
subsection
1,
if
the
10
violator
is
a
public
school
teacher.
11
Sec.
4.
Section
272.15,
subsection
1,
paragraph
a,
12
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
13
(2)
The
board
of
directors
of
a
school
district
or
area
14
education
agency,
the
superintendent
of
a
school
district,
15
the
chief
administrator
of
an
area
education
agency,
and
16
the
authorities
in
charge
of
an
accredited
nonpublic
school
17
shall
report
to
the
board
the
nonrenewal
or
termination,
for
18
reasons
of
alleged
or
actual
misconduct,
of
a
person’s
contract
19
executed
under
sections
279.12
,
279.13
,
279.15
through
279.21
,
20
279.23
,
and
279.24
,
and
the
resignation
of
a
person
who
holds
a
21
license,
certificate,
or
authorization
issued
by
the
board
as
a
22
result
of
or
following
an
incident
or
allegation
of
misconduct
23
that,
if
proven,
would
constitute
a
violation
of
the
rules
24
adopted
by
the
board
to
implement
section
272.2,
subsection
14
,
25
paragraph
“b”
,
subparagraph
(1);
soliciting,
encouraging,
or
26
consummating
a
romantic
or
otherwise
inappropriate
relationship
27
with
a
student;
falsifying
student
grades,
test
scores,
or
28
other
official
information
or
material;
or
converting
public
29
property
or
funds
to
the
personal
use
of
the
school
employee
,
;
30
or,
if
the
person
is
a
public
school
teacher,
violating
the
31
policy
adopted
pursuant
to
section
256.25,
subsection
1,
when
32
the
board
or
reporting
official
has
a
good
faith
belief
that
33
the
incident
occurred
or
the
allegation
is
true.
The
board
34
may
deny
a
license
or
revoke
the
license
of
an
administrator
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if
the
board
finds
by
a
preponderance
of
the
evidence
that
the
1
administrator
failed
to
report
the
termination
or
resignation
2
of
a
school
employee
holding
a
license,
certificate,
statement
3
of
professional
recognition,
or
coaching
authorization,
for
4
reasons
of
alleged
or
actual
misconduct,
as
defined
by
this
5
section
.
6
Sec.
5.
NEW
SECTION
.
279.72
Training
on
policy
prohibiting
7
political
or
ideological
advocacy
in
instruction
by
teachers.
8
By
July
1,
2021,
the
board
of
directors
of
a
school
district
9
shall
require
annual
training
at
least
three
hours
in
length
on
10
the
policy
adopted
pursuant
to
section
256.25,
subsection
1,
11
for
all
teachers
employed
by
the
district.
12
Sec.
6.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
13
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
14
compliance
with
any
state
mandate
included
in
this
Act
shall
15
be
paid
by
a
school
district
from
state
school
foundation
aid
16
received
by
the
school
district
under
section
257.16.
This
17
specification
of
the
payment
of
the
state
cost
shall
be
deemed
18
to
meet
all
of
the
state
funding-related
requirements
of
19
section
25B.2,
subsection
3,
and
no
additional
state
funding
20
shall
be
necessary
for
the
full
implementation
of
this
Act
21
by,
and
enforcement
of
this
Act
against,
all
affected
school
22
districts.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
requires
the
state
board
of
education
to
adopt
by
27
rule
a
policy
prohibiting
a
public
school
teacher,
regardless
28
of
tenure
status,
from
engaging
in
political
or
ideological
29
advocacy
while
carrying
out
student
instruction
or
otherwise
30
acting
within
the
scope
of
the
teacher’s
employment
by
a
school
31
district.
The
policy
shall
prohibit
a
teacher
from
doing
32
certain
activities
provided
in
the
bill
while
carrying
out
33
student
instruction
or
otherwise
acting
within
the
scope
of
the
34
teacher’s
employment
by
a
school
district.
Such
activities
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include
but
are
not
limited
to
endorsing,
supporting,
or
1
opposing
any
candidate
or
nominee
for
public
office
or
any
2
elected
or
appointed
official,
whether
such
official
is
a
3
member
of
the
local,
state,
or
federal
government;
endorsing,
4
supporting,
or
opposing
any
pending,
proposed,
or
enacted
5
legislation
or
regulation,
whether
such
legislation
or
6
regulation
is
pending,
proposed,
or
has
been
enacted
at
the
7
local,
state,
or
federal
level;
introducing
into
discussion
8
or
coursework
any
controversial
subject
matter
that
is
not
9
germane
to
the
topic
of
the
course
being
taught;
and
advocating
10
in
a
partisan
manner
for
any
side
of
a
controversial
issue
as
11
defined
in
the
bill.
12
Each
school
district
is
required
to
post
the
policy
on
the
13
district’s
internet
site.
The
board
is
required
to
establish
14
a
process
for
annual,
written
notification
of
all
teachers,
15
students,
and
parents
and
guardians
of
students
of
the
rights,
16
responsibilities,
and
restrictions
provided
in
the
policy.
17
The
bill
encourages
employee
organizations
representing
18
teachers
in
Iowa
to
voluntarily
adopt
a
teachers’
code
of
19
ethics
and
professional
responsibility
that
incorporates
the
20
principles
of
the
policy
and
that
specifically
prohibits
a
21
public
school
teacher
from
engaging
in
political
or
ideological
22
advocacy
while
carrying
out
student
instruction
or
otherwise
23
acting
within
the
scope
of
the
teacher’s
employment
by
a
school
24
district.
25
The
bill
requires
the
board
of
educational
examiners
to
26
adopt
rules
to
provide
in
the
board’s
code
of
professional
27
conduct
and
ethics
that
any
public
school
teacher
who
violates
28
the
policy
engages
in
unprofessional
and
unethical
conduct
that
29
may
result
in
disciplinary
action
by
the
board.
Under
current
30
law,
rules
adopted
by
the
board
may
be
enforced
by
the
board
31
through
revocation
or
suspension
of
a
practitioner’s
license
or
32
by
other
disciplinary
action.
33
The
bill
requires
that
instances
of
disciplinary
action
34
taken
against
a
public
school
teacher
for
violation
of
the
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policy
be
reported
to
the
board
of
educational
examiners.
1
The
bill
requires
the
nonrenewal
or
termination
of
a
public
2
school
teacher’s
teaching
contract
for
reasons
of
alleged
or
3
actual
misconduct,
and
the
resignation
of
a
public
school
4
teacher,
be
reported
to
the
board
of
educational
examiners
if
5
the
nonrenewal,
termination,
or
resignation
is
a
result
of
or
6
following
an
incident
or
allegation
of
misconduct
that,
if
7
proven,
would
constitute
a
violation
of
the
policy,
when
the
8
school
board
or
reporting
official
has
a
good-faith
belief
that
9
the
incident
occurred
or
the
allegation
is
true.
10
The
bill
requires
a
school
board
to
require
annual
training
11
at
least
three
hours
in
length
on
the
policy
for
all
teachers
12
employed
by
the
district.
13
The
bill
may
include
a
state
mandate
as
defined
in
Code
14
section
25B.3.
The
bill
requires
that
the
state
cost
of
15
any
state
mandate
included
in
the
bill
be
paid
by
a
school
16
district
from
state
school
foundation
aid
received
by
the
17
school
district
under
Code
section
257.16.
The
specification
18
is
deemed
to
constitute
state
compliance
with
any
state
mandate
19
funding-related
requirements
of
Code
section
25B.2.
The
20
inclusion
of
this
specification
is
intended
to
reinstate
the
21
requirement
of
political
subdivisions
to
comply
with
any
state
22
mandates
included
in
the
bill.
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