Senate Study Bill 1213 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR) A BILL FOR An Act relating to violations of the educational laws of 1 Iowa by providing for grounds for professional misconduct 2 and removal from office, and including effective date and 3 retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1502XC (8) 89 md/jh

S.F. _____ Section 1. Section 66.1A, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8. For members of the board of directors of 3 a school corporation, for knowingly and intentionally violating 4 a provision of Title VII, subtitle 1, 2, 5, or 6, or other 5 provision of Iowa law governing the operation of the school 6 corporation. 7 Sec. 2. Section 272.2, subsection 14, paragraph b, Code 8 2021, is amended by adding the following new subparagraph: 9 NEW SUBPARAGRAPH . (6) For school years beginning 10 on or after July 1, 2021, for a complaint filed with the 11 board of educational examiners against a practitioner who 12 is a superintendent, if the superintendent knowingly and 13 intentionally violates a provision of Title VII, subtitle 1, 2, 14 5, or 6, or other provision of Iowa law governing the operation 15 of the school corporation. 16 Sec. 3. VIOLATIONS OF INSTRUCTIONAL REQUIREMENTS —— BOARD 17 OF EDUCATIONAL EXAMINERS. For the school year beginning 18 July 1, 2020, and ending June 30, 2021, if a school district 19 provides instruction in violation of 2021 Iowa Acts, Senate 20 File 160, without an approved waiver from the governor, 21 or provides instruction primarily through remote-learning 22 opportunities without an approved waiver from the department 23 of education for such method of instruction in accordance with 24 the requirements of 2020 Iowa Acts, chapter 1107; section 25 279.10; the governor’s proclamation of a public health disaster 26 emergency issued July 17, 2020; and subsequent applicable 27 proclamations of a public health disaster emergency issued 28 by the governor pursuant to section 29C.6 and related to 29 COVID-19, such a violation shall constitute grounds for the 30 board of educational examiners to suspend or revoke the license 31 of a practitioner who is a superintendent for purposes of a 32 complaint filed under chapter 272. 33 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -1- LSB 1502XC (8) 89 md/jh 1/ 3

S.F. _____ Sec. 5. RETROACTIVE APPLICABILITY. The section of this Act 1 relating to the school year beginning July 1, 2020, and ending 2 June 30, 2021, applies retroactively to July 1, 2020. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to violations of the educational laws of 7 Iowa by providing for grounds for professional misconduct for 8 school district superintendents and removal from office for 9 school board members. 10 Code chapter 66 provides that any appointive or elective 11 officer, except such as may be removed only by impeachment, 12 holding any public office in the state or in any division or 13 municipality thereof, may, upon the filing of a qualifying 14 petition, be removed from office by the district court for 15 any of a list of specified reasons. The bill establishes a 16 ground for removal for members of the board of directors of a 17 school corporation, of knowingly and intentionally violating a 18 provision of Code Title VII, subtitle 1, 2, 5, or 6, or other 19 provision of Iowa law governing the operation of the school 20 corporation. 21 The bill provides that for the school year beginning July 1, 22 2020, and ending June 30, 2021, if a school district provides 23 instruction in violation of 2021 Iowa Acts, Senate File 160, 24 without an approved waiver from the governor, or provides 25 instruction primarily through remote-learning opportunities 26 without an approved waiver from the department of education for 27 such method of instruction in accordance with the requirements 28 of 2020 Iowa Acts, chapter 1107; Code section 279.10; and 29 specified public health disaster emergency proclamations issued 30 by the governor related to COVID-19, such violations shall 31 constitute misconduct for purposes of a complaint filed with 32 the board of educational examiners under Code chapter 272 33 against a superintendent. 34 Code chapter 272 authorizes the board of educational 35 -2- LSB 1502XC (8) 89 md/jh 2/ 3

S.F. _____ examiners to adopt rules governing the licensure of 1 practitioners, including school administrators, teachers, and 2 other licensed professionals. The board’s rules must include 3 rules requiring the board to disqualify an applicant for a 4 license or to revoke the license of a person for a list of 5 specified reasons. The bill adds to the list of specified 6 reasons, for a complaint filed against a practitioner who 7 is a superintendent, if the superintendent knowingly and 8 intentionally violates a provision of Code Title VII, subtitle 9 1, 2, 5, or 6, or other provision of Iowa law governing the 10 operation of the school corporation. 11 The bill takes effect upon enactment and applies certain 12 provisions retroactively to July 1, 2020. 13 -3- LSB 1502XC (8) 89 md/jh 3/ 3