HSB 683 (LSB 6163YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON HITE)

A BILL FOR

An Act relating to facial covering policies adopted by the boards of directors of school districts or the authorities in charge of accredited nonpublic schools and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 280.31, Code 2022, is amended to read as follows:
   280.31  Facial coverings.
   1.  The board of directors of a school district, the superintendent or chief administering officer of a school or school district, and the authorities in charge of each accredited nonpublic school shall not adopt, enforce, or implement a policy that requires its employees, students, or members of the public to wear a facial covering for any purpose while on the school district’s or accredited nonpublic school’s property unless the facial covering is necessary for a specific extracurricular or instructional purpose, or is required by section 280.10 or 280.11 or any other provision of law.
   2.  a.  If the board of directors of a school district or the authorities in charge of an accredited nonpublic school adopt a facial covering policy as a necessary accommodation for a child with disabilities, the board or authorities shall grant an exception to the policy to any student whose parent or guardian provides written notice to the school district or accredited nonpublic school indicating that wearing a facial covering is detrimental to the student’s education.
   b.  The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall process all written notices submitted pursuant to paragraph “a” within twenty-four hours after receipt.
   c.  The board of directors of a school district or the authorities in charge of an accredited nonpublic school shall not take any adverse action against a student who is granted an exception to a policy that requires students to wear facial coverings as a necessary accommodation for a child with disabilities.
   d.  The department of education shall adopt rules pursuant to chapter 17A to create a process to accept complaints from parents and guardians related to violations of this subsection. If, after investigation, the department of education determines that any employee or contractor of the board of directors of a school district or the authorities in charge of an accredited nonpublic school has violated this subsection, the department of education shall assess a civil penalty against the employee or contractor not to exceed five hundred dollars for each violation. Revenue from the civil penalty provided in this paragraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to facial covering policies adopted by the boards of directors of school districts or the authorities in charge of accredited nonpublic schools and provides civil penalties.
   The bill requires that if the board of directors of a school district or the authorities in charge of an accredited nonpublic school adopt a facial covering policy as a necessary accommodation for a child with disabilities, the board or authorities shall grant an exception to the policy to any student whose parent or guardian provides written notice to the school district or accredited nonpublic school indicating that wearing a facial covering is detrimental to the student’s education. Additionally, the bill requires the board of directors of a school district and the authorities in charge of an accredited nonpublic school to process these requests within 24 hours after receipt and prohibits any adverse action against a student who is granted an exception.
   The bill requires the department of education to adopt rules to create a process to accept complaints from parents and guardians related to violations of the bill’s provisions. The bill provides that if the department determines that any employee or contractor of the board of directors of a school district or the authorities in charge of an accredited nonpublic school has violated the bill’s provisions, the department shall assess a civil penalty against the employee or contractor not to exceed $500 for each violation.