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: 7 TLSB 5144YH (5) 88 je/jh
H.F. 2184 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 -1- LSB 5144YH (5) 88 je/jh 1/ 6
H.F. 2184 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: 35 -2- LSB 5144YH (5) 88 je/jh 2/ 6
H.F. 2184 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 35 -3- LSB 5144YH (5) 88 je/jh 3/ 6
H.F. 2184 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 35 -4- LSB 5144YH (5) 88 je/jh 4/ 6
H.F. 2184 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 35 -5- LSB 5144YH (5) 88 je/jh 5/ 6
H.F. 2184 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. 23 -6- LSB 5144YH (5) 88 je/jh 6/ 6