S.F. 438 DIVISION I 1 SCHOOL DISTRICT RESPONSIBILITIES AND REQUIREMENTS RELATING TO 2 CHILDREN’S HEALTH 3 Section 1. Section 8A.318, subsections 1 and 3, Code 2019, 4 are amended to read as follows: 5 1. Findings and intent. The general assembly finds that 6 human beings are vulnerable to and may be severely affected by 7 exposure to chemicals, hazardous waste, and other environmental 8 hazards. The federal environmental protection agency estimates 9 that human exposure to indoor air pollutants can be two to 10 five times, and up to one hundred times, higher than outdoor 11 levels. Children, teachers, janitors, and other staff members 12 spend a significant amount of time inside school buildings. 13 Likewise, state State employees and citizens of this state 14 spend a significant amount of time inside state buildings. 15 These individuals are continuously exposed to chemicals from 16 cleaners, waxes, deodorizers, and other maintenance products. 17 3. Use of environmentally preferable cleaning and maintenance 18 products. 19 a. All school districts in this state, community colleges, 20 institutions under the control of the state board of regents, 21 and state agencies utilizing state buildings , are encouraged 22 to conform to an environmentally preferable cleaning policy 23 designed to facilitate the purchase and use of environmentally 24 preferable cleaning and maintenance products for purposes of 25 public school, community college, regents institution, and 26 state building cleaning and maintenance. 27 b. Each school district, community college, institution 28 under the control of the state board of regents, or state 29 agency utilizing public buildings shall conduct an evaluation 30 and assessment regarding implementation of an environmentally 31 preferable cleaning policy pursuant to this section . On or 32 after July 1, 2012, all All state agencies , and all school 33 districts, community colleges, and institutions under the 34 control of the state board of regents which have not opted 35 -1- LSB 1662SV (2) 88 kh/jh 1/ 14

S.F. 438 out of compliance pursuant to paragraph “c” , shall purchase 1 only cleaning and maintenance products identified by the 2 department or that meet nationally recognized standards. 3 School districts, community colleges, institutions under the 4 control of the state board of regents, and state State agencies 5 procuring supplies for schools and state buildings may deplete 6 their existing cleaning and maintenance supply stocks and 7 implement the new requirements in the procurement cycle for 8 the following year. This section shall not be interpreted 9 in a manner that prohibits the use of disinfectants, 10 disinfecting cleaners, sanitizers, or any other antimicrobial 11 product regulated by the federal Insecticide, Fungicide, 12 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary 13 to protect public health and provided that the use of these 14 products is in accordance with responsible cleaning procedure 15 requirements. 16 c. A school district, community college, or institution 17 under the control of the state board of regents may, based upon 18 the evaluation and assessment conducted pursuant to paragraph 19 “b” , opt out of compliance with the requirements of this section 20 upon the affirmative vote of a majority of the members of the 21 board of directors of the school district or a determination by 22 the president of the community college or by the president or 23 administrative officer of the regents institution. A school 24 district, community college, or regents institution opting 25 out of compliance pursuant to this paragraph shall notify the 26 department of education, the state board of education, or the 27 state board of regents, as appropriate, of this decision. 28 Sec. 2. Section 135.17, subsection 1, paragraphs a and b, 29 Code 2019, are amended to read as follows: 30 a. Except as provided in paragraphs “c” and “d” , the parent 31 or guardian of a child enrolled in a public or accredited 32 nonpublic elementary school shall provide evidence to the 33 school district or accredited nonpublic elementary school in 34 which the child is enrolled of ensure that the child having 35 -2- LSB 1662SV (2) 88 kh/jh 2/ 14

S.F. 438 has , no earlier than three years of age but no later than four 1 months after enrollment, at a minimum, a dental screening 2 performed by a licensed physician, a licensed nurse, a licensed 3 physician assistant, or a licensed dental hygienist or dentist. 4 Except as provided in paragraphs “c” and “d” , the parent 5 or guardian of a child enrolled in a public or accredited 6 nonpublic high school shall provide evidence to the school 7 district or accredited nonpublic high school in which the child 8 is enrolled of ensure that the child having has , at a minimum, 9 a dental screening performed no earlier than one year prior 10 to enrollment and not later than four months after enrollment 11 by a licensed dental hygienist or dentist. A school district 12 or accredited nonpublic school shall may provide access to a 13 process to complete the screenings described in this paragraph 14 as appropriate. 15 b. A person authorized to perform a dental screening 16 required by this section shall record that the screening was 17 completed, and such additional information required by the 18 department, on uniform forms developed by the department in 19 cooperation with the department of education , and shall submit 20 the completed form to the department of public health in 21 written or electronic form . The form shall include a space for 22 the person to summarize any condition that may indicate a need 23 for special services. 24 Sec. 3. Section 135.17, subsection 2, Code 2019, is amended 25 to read as follows: 26 2. Each public and nonpublic school shall, in collaboration 27 with the department, do the following: 28 a. Ensure ensure that the parent or guardian of a student 29 enrolled in kindergarten or grade nine in the school has 30 complied with received information about the dental screening 31 requirements of subsection 1 and about any resources available 32 to satisfy the requirements . 33 b. Provide, if a student has not had a dental screening 34 performed in accordance with subsection 1 , the parent or 35 -3- LSB 1662SV (2) 88 kh/jh 3/ 14

S.F. 438 guardian of the student with community dental screening 1 referral resources, including contact information for the 2 i-smile coordinator, department, or dental society. 3 Sec. 4. Section 135.17, subsection 3, Code 2019, is amended 4 by striking the subsection. 5 Sec. 5. Section 135.39D, subsections 1 and 5, Code 2019, are 6 amended to read as follows: 7 1. The parent or guardian of a child to be enrolled in a 8 public or accredited nonpublic elementary school shall ensure 9 that the child is screened for vision impairment at least once 10 before enrollment in kindergarten and again before enrollment 11 in grade three. The parent or guardian of the child shall 12 ensure that evidence of the vision screening is provided to the 13 school district or accredited nonpublic school in which the 14 child is enrolled. Evidence of the vision screening may shall 15 be provided either directly from the parent or guardian or from 16 to the department in either written or electronic form by a 17 vision screening provider referred to in subsection 2 , and may 18 be provided in either written or electronic form . 19 5. Each public and accredited nonpublic elementary school 20 shall, in collaboration with the department, do the following: 21 a. Provide provide the parents or guardians of students with 22 vision screening referral resources. 23 b. Arrange for evidence of vision screenings provided 24 pursuant to subsection 1 to be forwarded to the department. 25 Sec. 6. Section 135.102, subsection 7, Code 2019, is amended 26 to read as follows: 27 7. Implementation of a requirement that requirements 28 established under section 135.105D relating to blood lead 29 testing of children receive a blood lead test prior to the age 30 of six and before enrolling in any elementary school in Iowa in 31 accordance with section 135.105D . 32 Sec. 7. Section 135.105D, subsection 2, paragraphs a and b, 33 Code 2019, are amended to read as follows: 34 a. A parent or guardian of a child under the age of two 35 -4- LSB 1662SV (2) 88 kh/jh 4/ 14

S.F. 438 is strongly encouraged to have the child tested for elevated 1 blood lead levels by the age of two. Except as provided in 2 paragraph “b” and subsection 4 , a parent or guardian shall 3 provide evidence to the school district elementary attendance 4 center or the accredited nonpublic elementary school in which 5 the parent’s or guardian’s child is enrolled ensure that the 6 child was tested for elevated blood lead levels by the age of 7 six according to recommendations provided by the department. 8 A parent or guardian, or the person authorized by the 9 parent or guardian to test the child for elevated blood lead 10 levels, shall record that the testing was completed, and such 11 additional information required by the department on uniform 12 forms developed by the department in cooperation with the 13 department of education, and shall submit the completed form to 14 the department of public health in written or electronic form. 15 The form shall include a space for the person to summarize any 16 condition that may indicate a need for special services. 17 b. The board of directors of each school district and 18 the authorities in charge of each nonpublic school shall, in 19 collaboration with the department, do the following: 20 (1) Ensure ensure that the parent or guardian of a student 21 enrolled in the school has complied with the requirements of 22 paragraph “a” . 23 (2) Provide, if the parent or guardian cannot provide 24 evidence that the child received a blood lead test in 25 accordance with paragraph “a” , the parent or guardian with 26 received community blood lead testing program information, 27 including contact information for the department. 28 Sec. 8. Section 135.105D, subsection 3, Code 2019, is 29 amended to read as follows: 30 3. The board of directors of each school district and the 31 authorities in charge of each nonpublic school shall furnish 32 the department, in the format specified by the department, 33 within sixty days after the start of the school calendar, a 34 list of the children enrolled in kindergarten. The department 35 -5- LSB 1662SV (2) 88 kh/jh 5/ 14

S.F. 438 shall notify the school districts and nonpublic schools of the 1 children who have not met the blood lead testing requirements 2 set forth in this section and shall work with the school 3 districts, nonpublic schools, and the local childhood lead 4 poisoning prevention programs to assure that these children are 5 tested as required by in accordance with this section . 6 Sec. 9. Section 256.11, subsection 9B, Code 2019, is amended 7 to read as follows: 8 9B. Beginning July 1, 2007, each A school district shall 9 have a school nurse to provide health services to its students. 10 Each school district shall work toward the goal of having one 11 school nurse for every seven hundred fifty students enrolled in 12 the school district. For purposes of this subsection , “school 13 nurse” means a person who holds an endorsement or a statement of 14 professional recognition for school nurses issued by the board 15 of educational examiners under chapter 272 . 16 Sec. 10. Section 280.7A, subsection 1, Code 2019, is amended 17 by striking the subsection. 18 Sec. 11. Section 299.4, subsection 1, Code 2019, is amended 19 to read as follows: 20 1. The parent, guardian, or legal custodian of a child 21 who is of compulsory attendance age, who places the child 22 under competent private instruction under section 299A.2 , not 23 in an accredited school or a home school assistance program 24 operated by a school district or accredited nonpublic school, 25 shall furnish a report in duplicate on forms provided by the 26 public school district, to the district by September 1 of the 27 school year in which the child will be under competent private 28 instruction. The secretary shall retain and file one copy 29 and forward the other copy to the district’s area education 30 agency. The report shall state the name and age of the child, 31 the period of time during which the child has been or will be 32 under competent private instruction for the year, an outline 33 of the course of study, texts used, and the name and address 34 of the instructor. The parent, guardian, or legal custodian 35 -6- LSB 1662SV (2) 88 kh/jh 6/ 14

S.F. 438 of a child, who is placing the child under competent private 1 instruction for the first time, shall also provide the district 2 with evidence that the child has had the immunizations required 3 under section 139A.8 , and, if the child is elementary school 4 age, a shall ensure that the child was tested for elevated 5 blood lead test levels in accordance with section 135.105D . 6 The term “outline of course of study” shall include subjects 7 covered, lesson plans, and time spent on the areas of study. 8 DIVISION II 9 AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED 10 BUDGET 11 Sec. 12. Section 273.3, subsection 12, Code 2019, is amended 12 to read as follows: 13 12. Prepare an annual budget estimating income and 14 expenditures for programs and services as provided in sections 15 273.1 , 273.2 , this section , sections 273.4 to 273.9 , and 16 chapter 256B within the limits of funds provided under section 17 256B.9 and chapter 257 . The board shall give post notice 18 of a public hearing on the proposed budget by publication in 19 an official county newspaper in each county in the territory 20 of the area education agency in which the principal place 21 of business of a school district that is a part of the area 22 education agency is located on the area education agency’s 23 internet site . The notice shall specify the date, which 24 shall be not later than March 1 of each year, the time, and 25 the location of the public hearing. The proposed budget as 26 approved by the board shall then be submitted to the state 27 board of education, on forms provided by the department, 28 no later than March 15 preceding the next fiscal year for 29 approval. The state board shall review the proposed budget of 30 each area education agency and shall before May 1, either grant 31 approval or return the budget without approval with comments 32 of the state board included. An unapproved budget shall be 33 resubmitted to the state board for final approval not later 34 than May 15. The state board shall give final approval only to 35 -7- LSB 1662SV (2) 88 kh/jh 7/ 14

S.F. 438 budgets submitted by area education agencies accredited by the 1 state board or that have been given conditional accreditation 2 by the state board. 3 DIVISION III 4 SCHOOL DISTRICTS —— MISCELLANEOUS PROVISIONS 5 Sec. 13. Section 256.11, subsection 9, Code 2019, is amended 6 to read as follows: 7 9. Beginning July 1, 2006, each A school district shall 8 have a qualified teacher librarian who shall be licensed by the 9 board of educational examiners under chapter 272 . The state 10 board shall establish in rule a definition of and standards for 11 an articulated sequential kindergarten through grade twelve 12 media program. A school district that entered into a contract 13 with an individual for employment as a media specialist or 14 librarian prior to June 1, 2006, shall be considered to be 15 in compliance with this subsection until June 30, 2011, if 16 the individual is making annual progress toward meeting the 17 requirements for a teacher librarian endorsement issued by the 18 board of educational examiners under chapter 272 . A school 19 district that entered into a contract with an individual for 20 employment as a media specialist or librarian who holds at 21 least a master’s degree in library and information studies 22 shall be considered to be in compliance with this subsection 23 until the individual leaves the employ of the school district. 24 Sec. 14. Section 279.8, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. The board shall make rules for its own government and 27 that of the directors, officers, employees, teachers and 28 pupils, and for the care of the schoolhouse, grounds, and 29 property of the school corporation, and shall aid in the 30 enforcement of the rules, and require the performance of duties 31 imposed by law and the rules. The board shall include in its 32 rules provisions regulating the loading and unloading of pupils 33 from a school bus stopped on the highway during a period of 34 reduced highway visibility caused by fog, snow or other weather 35 -8- LSB 1662SV (2) 88 kh/jh 8/ 14

S.F. 438 conditions. The board shall have the authority to include in 1 its rules provisions allowing school corporation employees to 2 use school credit cards to pay for the actual and necessary 3 expenses incurred in the performance of work-related duties. 4 Sec. 15. Section 279.41, Code 2019, is amended to read as 5 follows: 6 279.41 Schoolhouses and sites sold —— funds. 7 1. Moneys received from the condemnation, sale, or other 8 disposition for public purposes of schoolhouses, school sites, 9 or both schoolhouses and school sites, shall be deposited in 10 the physical plant and equipment levy fund and may without a 11 vote of the electorate be used for purposes authorized under 12 section 298.3 , as ordered by the board of directors of the 13 school district corporation . 14 2. Notwithstanding subsection 1, the board of directors of a 15 school corporation organized under chapter 274 may take action 16 to deposit moneys received pursuant to subsection 1 in any 17 proposed account of the school corporation. However, the board 18 shall hold a public hearing on the proposal prior to taking 19 action to deposit the funds in accordance with this subsection. 20 The board shall publish notice of the time and the place of the 21 public hearing in the same manner as required in section 24.9. 22 Sec. 16. Section 279.48, subsection 3, Code 2019, is amended 23 by striking the subsection. 24 Sec. 17. Section 279.60, subsection 2, Code 2019, is amended 25 by striking the subsection. 26 Sec. 18. Section 279.69, subsection 1, Code 2019, is amended 27 to read as follows: 28 1. Prior to hiring an applicant for a school employee 29 position, a school district shall have access to and shall 30 review the information in the Iowa court information system 31 available to the general public, the sex offender registry 32 information under section 692A.121 available to the general 33 public, the central registry for child abuse information 34 established under section 235A.14 , and the central registry for 35 -9- LSB 1662SV (2) 88 kh/jh 9/ 14

S.F. 438 dependent adult abuse information established under section 1 235B.5 for information regarding the applicant. A school 2 district shall follow the same procedure by June 30, 2014, for 3 each school employee employed by the school district as of July 4 1, 2013. A school district shall implement a consistent policy 5 to follow the same procedure for each school employee employed 6 by the school district on or after July 1, 2013, at least every 7 five years after the school employee’s initial date of hire. A 8 school district shall not may charge an employee for the cost 9 of the registry checks conducted pursuant to this subsection , 10 not to exceed the actual cost of the registry checks . A school 11 district shall maintain documentation demonstrating compliance 12 with this subsection . 13 Sec. 19. REPEAL. Section 279.44, Code 2019, is repealed. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the responsibilities and authority 18 relating to school districts and the boards of directors of 19 school districts and is organized in divisions. 20 DIVISION I —— SCHOOL DISTRICT RESPONSIBILITIES AND 21 REQUIREMENTS RELATING TO CHILDREN’S HEALTH. 22 Dental Screenings. Division I strikes provisions that 23 require a parent or guardian of a child enrolled in public 24 and accredited nonpublic elementary school or high school to 25 provide evidence to the school that the child has had a dental 26 screening performed by a licensed physician, nurse, physician 27 assistant, dentist, or dental hygienist; require the schools 28 to ensure that the parent or guardian has complied with the 29 requirements; and require the school to provide the parent or 30 guardian of a student who has not had a dental screening with 31 community dental screening referral services. 32 The division requires the person who performs the child’s 33 dental screening to submit the information regarding completion 34 of the screening on a form to the department of public health, 35 -10- LSB 1662SV (2) 88 kh/jh 10/ 14

S.F. 438 and provides that the form may be submitted to the department 1 in written or electronic form. 2 Under the division, the school must ensure that the parent or 3 guardian of a student enrolled in kindergarten or grade nine 4 has received information about the state’s dental screening 5 requirements and about resources that are available to satisfy 6 the requirements. 7 Use of Environmentally Preferable Cleaning Products in 8 School District, Community College, and Regents Institution 9 Buildings. The division strikes requirements that school 10 districts, community colleges, and regents institutions conduct 11 an evaluation and assessment regarding implementation of an 12 environmentally preferable cleaning policy and purchase only 13 cleaning and maintenance products identified by the department 14 of administrative services as being environmentally preferable 15 or that meet nationally recognized standards. A provision 16 establishing a process by which school districts, community 17 colleges, and regents institutions could opt out of compliance 18 is stricken. 19 Vision Screenings. The division replaces a provision that 20 requires a parent or guardian of an elementary school child 21 to ensure that evidence of the child’s vision screening is 22 provided to the school in which the child is enrolled with a 23 requirement that the evidence of vision screening be provided 24 to the department of public health by the person providing the 25 screening. 26 Blood Lead Testing. The division strikes language 27 requiring the department of public health to adopt rules for 28 a requirement that children receive a blood lead test before 29 enrolling in any elementary school; strikes a requirement that 30 a parent or guardian provide evidence to a school district 31 that the parent or guardian’s child was tested for elevated 32 blood lead levels by age six; strikes a provision requiring the 33 school district and nonpublic school to ensure that the parent 34 or guardian has complied and if not, to provide the parent or 35 -11- LSB 1662SV (2) 88 kh/jh 11/ 14

S.F. 438 guardian with community blood lead testing information; and 1 strikes a requirement that the school district and nonpublic 2 school furnish the department with a list of children enrolled 3 in kindergarten. 4 Instead, the bill requires the parent or guardian, or 5 the person authorized by the parent or guardian to test the 6 child for elevated blood lead levels, to submit a record of 7 the testing to the department of public health in written 8 or electronic form; requires that the school districts and 9 nonpublic schools ensure that the parent or guardian has 10 received community blood lead testing program information; 11 and requires the department to work with school districts, 12 nonpublic schools, and the local childhood lead poisoning 13 prevention programs to assure that children are tested. 14 A requirement that the parents, guardians, and legal 15 custodians of children under competent private instruction 16 submit evidence to a school district that the child has been 17 tested for elevated blood lead levels has been replaced with a 18 requirement that the parents, guardians, and legal custodians 19 ensure that the child has been tested. 20 School Nurse Requirement. The bill strikes the requirement 21 that school districts work toward a goal of having one school 22 nurse for every 750 students. 23 Student Eye Care. The division strikes a provision 24 requiring that every parent or guardian of a child registered 25 for kindergarten or preschool be provided with a student vision 26 card provided by the Iowa optometric association and approved 27 by the department of education with a goal of each child 28 reaching an eye examination by age seven. 29 DIVISION II —— AREA EDUCATION AGENCY BOARDS —— POSTING OF 30 NOTICE OF PROPOSED BUDGET. 31 Division II strikes a provision that requires area education 32 agency (AEA) boards to give notice of a public hearing on the 33 agency’s proposed budget by publication in an official county 34 newspaper in each county in which a school district located 35 -12- LSB 1662SV (2) 88 kh/jh 12/ 14

S.F. 438 within the AEA locates its principal place of business. 1 DIVISION III —— SCHOOL DISTRICTS —— MISCELLANEOUS 2 PROVISIONS. 3 Teacher Librarian Requirement. The bill strikes obsolete 4 provisions. 5 School Bus Rules. The division strikes a provision 6 requiring school boards to have rules regulating the loading 7 and unloading of pupils from a school bus stopped on the 8 highway during inclement weather. 9 Schoolhouse and Site Fund Deposits. The division also 10 provides an exception to a provision that requires a school 11 district to deposit in the physical plant and equipment 12 levy moneys received from the condemnation, sale, or other 13 disposition for public purposes of schoolhouses, school sites, 14 or both schoolhouses and school sites. Under the exception, 15 the board of directors of a school corporation organized under 16 Code chapter 274 may take action to deposit such moneys in 17 any proposed account of the school corporation if the board 18 holds a public hearing on the proposal prior to taking action. 19 The board must publish notice of the time and the place of 20 the public hearing between 10 to 20 days before the hearing 21 in a newspaper of general circulation located within the 22 corporation’s boundaries. As used in the provision, “school 23 corporation” refers to a school district, though under Code 24 section 260C.14(3), the board of directors of a community 25 college has the powers and duties prescribed for the boards of 26 directors of school districts under Code chapter 279. 27 Publication of Notice Prior to Loan Agreement. The division 28 strikes a provision requiring a school corporation to publish 29 notice in a newspaper of general circulation prior to entering 30 into a loan agreement for an equipment purchase. 31 School District Reporting Requirements. The division 32 also strikes a provision requiring a school district to 33 collect information from parents or guardians of kindergarten 34 students regarding preschool attendance, factors identified 35 -13- LSB 1662SV (2) 88 kh/jh 13/ 14

S.F. 438 by the early childhood Iowa office, and other demographic 1 factors; and requiring the school district to report community 2 strategies results, the early childhood assessment results, 3 and the preschool information collected to the department of 4 education each year. Also stricken is a requirement that the 5 department review the information and submit its findings and 6 recommendations annually in a report to the governor, the 7 general assembly, the early childhood Iowa state board, and the 8 early childhood Iowa area boards. 9 Charging for Registry Checks. Currently, school districts 10 are prohibited from charging employees for the cost of registry 11 checks. The bill provides that a school district may charge 12 an employee for the cost of the registry checks, not to exceed 13 the actual cost. Obsolete language relating to school employee 14 registry checks is stricken. 15 Energy Audit Results. The division also repeals a Code 16 provision that requires the boards of directors of school 17 districts to file with the economic development authority the 18 results of an energy audit of the buildings owned and leased 19 by the school district. 20 -14- LSB 1662SV (2) 88 kh/jh 14/ 14