Senate Study Bill 3104 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR) A BILL FOR An Act relating to entities supported in whole or in part 1 by public moneys, including the sale of public bonds, 2 the duties and responsibilities of school boards, school 3 districts, the department of education, the board of 4 educational examiners, and accredited nonpublic schools, and 5 the membership of county conference boards. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5675XC (3) 89 jda/jh
S.F. _____ DIVISION I 1 BOND SALES 2 Section 1. Section 75.2, Code 2022, is amended to read as 3 follows: 4 75.2 Notice of sale. 5 When public bonds are offered for sale, the official in 6 charge of the bond issue shall , by advertisement published 7 at least once, the last one of which shall be not less than 8 four nor more than twenty days before the sale in a newspaper 9 located in the county or a county contiguous to the place of 10 sale, give notice of the time and place of sale of the bonds , 11 the amount to be offered for sale, and any further information 12 which the official deems pertinent by publishing the time and 13 place of sale of the bonds, the amount to be offered for sale, 14 and any additional information the official deems pertinent 15 to the bond issue not less than four nor more than twenty 16 days before the sale in at least one electronic or written 17 publication with nationwide circulation that is recognized for 18 providing information regarding the sale of public bonds . 19 Sec. 2. Section 75.14, Code 2022, is amended to read as 20 follows: 21 75.14 Electronic bidding. 22 Notwithstanding contrary provisions of this chapter , 23 including section 75.3, a public body authorized to issue 24 bonds, notes, or other obligations may elect to receive bids to 25 purchase such bonds, notes, or other obligations by means of 26 electronic, internet , or wireless communication; a proprietary 27 bidding procedure or system; or by facsimile transmission 28 to a location deemed appropriate by the governing body, in 29 each instance as may be approved by the governing body and 30 provided for in the notice of sale. An electronic bid shall 31 be submitted in substantial conformity with the requirements 32 of chapter 554D and any rules adopted pursuant to that chapter 33 with respect to the acceptance of electronic records by a 34 governmental agency. Additionally, before approving the use 35 -1- LSB 5675XC (3) 89 jda/jh 1/ 20
S.F. _____ of an electronic bidding procedure, the public body shall find 1 and determine that the specific procedure to be used will 2 provide reasonable security and maintain the integrity of 3 the competitive bidding process, and facilitate the delivery 4 of bids by interested parties under the circumstances of the 5 particular sale. 6 DIVISION II 7 SCHOOL BOARD DUTIES AND RESPONSIBILITIES 8 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2022, 9 is amended to read as follows: 10 a. Except as provided in paragraph “b” and subsection 2 , 11 vacancies occurring among the officers or members of a school 12 board shall be filled by the board by appointment. A person 13 so appointed to fill a vacancy in an elective office shall 14 hold office until a successor is elected and qualified at the 15 next regular school election, unless there is an intervening 16 special election for the school district, in which event a 17 successor shall be elected at the intervening special election, 18 in accordance with section 69.12 . To fill a vacancy occurring 19 among the members of a school board, the board shall publish 20 notice either on the board’s internet site or in the manner 21 prescribed by section 279.36 , stating that the board intends to 22 fill the vacancy by appointment but that the electors of the 23 school district have the right to file a petition requiring 24 that the vacancy be filled by a special election conducted 25 pursuant to section 279.7 . The board may publish notice in 26 advance if a member of the board submits a resignation to take 27 effect at a future date. The board may make an appointment to 28 fill the vacancy after the notice is published or after the 29 vacancy occurs, whichever is later. 30 Sec. 4. Section 279.6, subsection 1, paragraph b, 31 subparagraphs (1) and (2), Code 2022, are amended to read as 32 follows: 33 (1) If within fourteen days after publication of a providing 34 notice required pursuant to paragraph “a” for a vacancy that 35 -2- LSB 5675XC (3) 89 jda/jh 2/ 20
S.F. _____ occurs more than one hundred eighty days before the next 1 regular school election, or after the filing period closes 2 pursuant to section 277.4, subsection 1 , for the next regular 3 school election, there is filed with the secretary of the 4 school board a petition requesting a special election to fill 5 the vacancy, an appointment to fill the vacancy is temporary 6 until a successor is elected and qualified, and the board shall 7 call a special election pursuant to section 279.7 , to fill the 8 vacancy for the remaining balance of the unexpired term. 9 (2) If within fourteen days after publication of a providing 10 notice required pursuant to paragraph “a” for a vacancy that 11 occurs one hundred eighty days or less but more than forty days 12 before the next regular school election there is filed with the 13 secretary of the school board a petition requesting to fill 14 the vacancy by election, an appointment to fill the vacancy is 15 temporary until a successor is elected and qualified, and the 16 school board shall require that the remaining balance of the 17 unexpired term be filled at the next regular school election. 18 Sec. 5. Section 279.20, subsection 2, Code 2022, is amended 19 to read as follows: 20 2. The board of directors of a school district may delegate 21 the authority to hire support personnel and sign the support 22 personnel employment contracts, if applicable, if the board 23 adopts a policy authorizing the superintendent to perform 24 such duties and specifying the positions the superintendent 25 is authorized to fill. The board of directors of a school 26 district and the superintendent, if authorized pursuant to 27 this subsection, may use electronic signatures and electronic 28 contracts pursuant to chapter 554D and facsimile signatures 29 when entering into the contracts described in this subsection. 30 For purposes of this subsection , the term “support personnel” 31 includes , but is not limited to , bus drivers, custodians, 32 educational associates, and clerical and food service 33 employees. 34 Sec. 6. Section 280.5, subsection 2, Code 2022, is amended 35 -3- LSB 5675XC (3) 89 jda/jh 3/ 20
S.F. _____ to read as follows: 1 2. The board of directors of each Each public school 2 district shall administer the pledge of allegiance in grades 3 one through twelve each school day. Each classroom in which 4 the pledge of allegiance is recited pursuant to this subsection 5 shall display the United States flag during the recitation. A 6 student shall not be compelled against the student’s objections 7 or those of the student’s parent or guardian to recite the 8 pledge. 9 Sec. 7. Section 291.1, Code 2022, is amended to read as 10 follows: 11 291.1 President —— duties. 12 The president of the board of directors shall preside at 13 all of its meetings, sign all contracts made by the board, and 14 appear on behalf of the corporation in all actions brought by 15 or against it, unless individually a party, in which case this 16 duty shall be performed by the secretary. The president or the 17 president’s designee shall have the authority to enter into 18 original contracts or electronic contracts pursuant to chapter 19 554D and sign, using an original , or facsimile , or electronic 20 signature , as defined in section 554D.103 , all school district 21 payments drawn and authorize electronic funds transfers as 22 provided by law. The board of directors, by resolution, may 23 designate an individual, who shall not be the secretary, to 24 sign payments or authorize electronic funds transfers on behalf 25 of the president pursuant to this section . 26 DIVISION III 27 DEPARTMENT OF EDUCATION WORK GROUP 28 Sec. 8. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 29 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 30 1. The department of education shall convene and provide 31 administrative support to a health care-related training 32 for school personnel work group. The work group shall 33 review and develop a plan to ensure Iowa educators have the 34 health care training necessary to perform their duties and 35 -4- LSB 5675XC (3) 89 jda/jh 4/ 20
S.F. _____ responsibilities, and shall consider and submit recommendations 1 for delivery and implementation of training required under 2 state law or rule. 3 2. The work group shall include all of the following: 4 a. (1) Two members who are staff members from the 5 department of education, one of whom shall be an administrative 6 consultant in the bureau of nutrition and health services. 7 A member appointed under this subparagraph shall coordinate 8 the work group and act as chairperson for the organizational 9 meeting. 10 (2) One member who is a staff member from the Iowa 11 department of public health. 12 b. Members who shall represent each of the following: 13 (1) One member from a statewide organization representing 14 teachers. 15 (2) One member from a statewide organization representing 16 school board members. 17 (3) One member from a statewide organization representing 18 school administrators. 19 (4) One member from a statewide organization representing 20 authorities in charge of accredited nonpublic schools. 21 (5) One member representing the area education agencies. 22 (6) One member from a statewide organization representing 23 physicians. 24 (7) One member from a statewide organization representing 25 athletic trainers. 26 (8) One member from a statewide organization representing 27 emergency management services. 28 (9) One member from a statewide organization representing 29 health care organizations. 30 (10) One member from a statewide organization representing 31 school nurses. 32 3. Any expenses incurred by a member of the work group 33 shall be the responsibility of the individual member or the 34 respective entity represented by the member. 35 -5- LSB 5675XC (3) 89 jda/jh 5/ 20
S.F. _____ 4. The director of the department of education or the 1 director’s designee shall compile and provide to the work group 2 a list of, and the purposes for, the health care training 3 programs that school personnel are required to complete, as 4 well as any requirements school personnel must meet following 5 such training, in order be in compliance with state law or 6 administrative rule. 7 5. The work group shall do all of the following: 8 a. Identify which trainings can be best provided online, 9 and how such training can be rotated on a five-year basis for 10 school personnel. 11 b. Develop a plan for a regular cycle of health care-related 12 training for school personnel review, with the goal of removing 13 or modifying training or training programs that are no longer 14 relevant, and identifying less costly and more efficient 15 options that still provide the appropriate level of training to 16 school personnel. 17 c. Standardize the process of establishing new training 18 requirements in state law or rule to manage stakeholder 19 expectations relating to the timeline for establishing the 20 requirements. 21 d. Create an ongoing review process to find efficiencies, 22 identify training options that better utilize time and 23 financial resources, and offer a continuous improvement model 24 for the system moving forward. 25 e. Study and make any recommended changes on rules adopted 26 by the state board of education under 281 IAC ch. 14, relating 27 to individual health plans prepared for students with various 28 health conditions. 29 f. Ensure a public comment process for patient advocacy 30 groups and parents to provide input on the recommendations of 31 the work group. 32 6. If the work group recommends elimination or significant 33 modification of certain health care-related training for 34 school personnel, the department of education shall identify 35 -6- LSB 5675XC (3) 89 jda/jh 6/ 20
S.F. _____ stakeholders who would potentially be affected by such 1 change, and shall invite representatives from organizations 2 representing such stakeholders to submit comments before or 3 at an upcoming work group meeting before the work group makes 4 final recommendations. 5 7. The department of education shall compile the work 6 group’s findings and recommendations and shall submit the 7 compilation, including any proposal for legislation, in a 8 report to the general assembly, the governor, and the state 9 board of education by December 1, 2022. 10 DIVISION IV 11 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 12 Sec. 9. Section 423F.4, subsection 2, paragraph a, Code 13 2022, is amended to read as follows: 14 a. Bonds issued on or after July 1, 2019, shall not be 15 sold at public sale as provided in chapter 75 , or at a private 16 sale, without notice and hearing. Notice of the time and 17 place of the public hearing shall be published not less than 18 ten nor more than twenty days before the public hearing in a 19 newspaper which is a newspaper of general circulation in the 20 school district at least one electronic or written publication 21 with nationwide circulation that is recognized for providing 22 information regarding the sale of public bonds . This paragraph 23 does not apply to the refinancing of bonds. 24 DIVISION V 25 COUNTY CONFERENCE BOARD 26 Sec. 10. Section 441.2, Code 2022, is amended to read as 27 follows: 28 441.2 Conference board. 29 In each county and each city having an assessor there shall 30 be established a conference board. In counties the conference 31 board shall consist of the mayors or a designated member of a 32 city council of all incorporated cities in the county whose 33 property is assessed by the county assessor, one representative 34 from the board of directors of each high school district of 35 -7- LSB 5675XC (3) 89 jda/jh 7/ 20
S.F. _____ the county, who is a resident of the county, said board of 1 directors appointing said representative for a one-year term 2 and notifying the clerk of the conference board as to their 3 representative, and members of the board of supervisors. In 4 cities having an assessor the conference board shall consist 5 of the members of the city council, school board , and county 6 board of supervisors. In the counties the chairperson of the 7 board of supervisors shall act as chairperson of the conference 8 board, in cities having an assessor the mayor of the city 9 council shall act as chairperson of the conference board. In 10 any action taken by the conference board, the mayors of all 11 incorporated cities in the county whose property is assessed 12 by the county assessor shall constitute one voting unit, the 13 members of the city board of education or one representative 14 from the board of directors of each high school district of 15 the county shall constitute one voting unit, the members of 16 the city council shall constitute one voting unit, and the 17 county board of supervisors shall constitute one voting unit, 18 each unit having a single vote and no action shall be valid 19 except by the vote of not less than two out of the three units. 20 The majority vote of the members present of each unit shall 21 determine the vote of the unit. The assessor shall be clerk of 22 the conference board. 23 DIVISION VI 24 SEIZURE ACTION PLAN AND TRAINING REQUIREMENTS 25 Sec. 11. NEW SECTION . 280.13D Seizure action plan and 26 training requirements. 27 1. For purposes of this section, unless the context 28 otherwise requires: 29 a. “Individual health plan” means the confidential, written, 30 preplanned, and ongoing special health service developed for a 31 student who requires such service to be incorporated with the 32 student’s educational program. 33 b. “School personnel” means principals, guidance counselors, 34 teachers, and other relevant employees who have direct contact 35 -8- LSB 5675XC (3) 89 jda/jh 8/ 20
S.F. _____ with and supervise children, including school bus drivers and 1 paraeducators. 2 c. “Seizure action plan” means a written set of instructions 3 designed to direct caregivers and staff to intervene in the 4 event of a seizure occurrence and is considered a plan for 5 emergencies as a part of an individual health plan. 6 2. a. Commencing with the school year beginning July 1, 7 2023, the board of directors of each school district and the 8 authorities in charge of each nonpublic school shall have 9 at least one school employee at each school who has met the 10 training requirements necessary to administer or assist with 11 the self-administration of all of the following: 12 (1) A seizure rescue medication or medication prescribed 13 to treat seizure disorder symptoms as approved by the United 14 States food and drug administration. 15 (2) A manual dose of prescribed electrical stimulation 16 using a vagus nerve stimulator magnet as approved by the United 17 States food and drug administration. 18 b. The presence of a registered nurse employed full-time 19 by a school district or nonpublic school who assumes 20 responsibility for the administration of seizure medications, 21 and the administration oversight of vagus nerve stimulation, 22 fulfills the requirements of paragraph “a” . This section shall 23 not be construed to require school personnel, other than a 24 registered nurse, to administer a suppository to a student. 25 3. Every school attendance center shall provide training 26 to all school personnel on the recognition of the signs and 27 symptoms of seizures and the appropriate steps for seizure 28 first aid. 29 4. Any training programs or guidelines adopted by any state 30 agency for the training of school personnel in the health care 31 needs of students diagnosed with a seizure disorder shall 32 be fully consistent with training programs and guidelines 33 developed by the epilepsy foundation of America and any 34 successor organization. 35 -9- LSB 5675XC (3) 89 jda/jh 9/ 20
S.F. _____ 5. Each school district shall require school personnel or 1 volunteers responsible for the supervision or care of students 2 to undergo approved seizure recognition and first aid training 3 on a biennial basis. 4 6. Nothing in this section shall be construed to limit the 5 authority of a school district or the department of education 6 to require additional seizure disorder training. 7 7. a. Prior to school personnel administering a seizure 8 rescue medication or medication prescribed to treat a student’s 9 seizure disorder symptoms, the student’s parent or guardian 10 shall provide the school with a signed and dated written 11 authorization requesting medication administration at school 12 that meets the requirements of the school’s medication 13 administration policy and procedures established in accordance 14 with 281 IAC 14.1. 15 b. The parent or guardian of each student diagnosed with 16 a seizure disorder may collaborate with licensed health care 17 professionals, including the school nurse or education team, 18 in the development of an individual health plan, and a seizure 19 action plan if appropriate, consistent with rules adopted by 20 the state board of education. The individual health plan or 21 seizure action plan, based on the student’s needs, may include 22 but is not limited to assessment, nursing diagnosis, outcomes, 23 planning, interventions, student goals if applicable, and a 24 plan for emergencies to provide direction in managing the 25 student’s health needs. The plan shall be updated consistent 26 with timelines for individual health plans and with rules 27 adopted by the state board of education. Personal information 28 in the plan regarding the student shall be kept confidential 29 as required under the federal Family Educational Rights and 30 Privacy Act, 20 U.S.C. §1232g. 31 c. Each school district and nonpublic school attendance 32 center shall keep the written authorization, individual health 33 plan, and seizure action plan on file in the office of the 34 school nurse or school administrator. 35 -10- LSB 5675XC (3) 89 jda/jh 10/ 20
S.F. _____ 8. Each school district and nonpublic school attendance 1 center shall distribute information regarding the seizure 2 action plan to any school personnel or volunteers responsible 3 for the supervision or care of the student. 4 9. The authorization for the administration to administer 5 medication provided in accordance with subsection 7, paragraph 6 “a” , shall be effective for the school year in which the 7 authorization is granted and must be renewed each following 8 school year. 9 10. The requirements of subsections 7, 8, and 9 shall apply 10 only to school district and nonpublic school attendance centers 11 that have a student enrolled who has a known epilepsy diagnosis 12 or seizure disorder or has a seizure rescue medication or 13 medication prescribed to treat seizure disorder symptoms 14 approved by the United States food and drug administration 15 prescribed by the student’s health care provider. 16 11. Every school district attendance center may provide an 17 age-appropriate seizure education program to all students on 18 seizures and seizure disorders. The seizure education program 19 shall be consistent with guidelines published by the epilepsy 20 foundation of America and any successor organization. The 21 state board of education shall adopt rules pursuant to chapter 22 17A for implementation of this section. 23 12. A school district or nonpublic school, school district 24 or nonpublic school employee, or school district or nonpublic 25 school agent acting in good faith and in compliance with the 26 student’s individual health plan and the instructions of the 27 student’s licensed health care professional, and who provides 28 assistance or services under this section, shall not be 29 liable for any claim for injuries or damages arising from the 30 provision of services provided under this section to students 31 with epilepsy or seizure disorders. 32 13. The department of education shall develop and implement 33 a seizure education program statewide. 34 Sec. 12. DEPARTMENT OF EDUCATION —— SCHOOL DISTRICT 35 -11- LSB 5675XC (3) 89 jda/jh 11/ 20
S.F. _____ HEALTH-RELATED TRAINING REQUIREMENTS TASK FORCE. 1 1. The department of education, in collaboration with the 2 department of public health, shall convene a school district 3 health-related training requirements task force to review 4 health-related training requirements established in the Code 5 and the administrative code, with which school districts must 6 comply. The task force shall review the current requirements 7 to determine whether the current training requirements are 8 appropriate, identify the classifications of school personnel 9 for whom such training is warranted, develop timelines for 10 frequency of such training and training updates for the 11 classifications of school personnel, and propose modification 12 or elimination of requirements that are outdated. The task 13 force shall develop a uniform training framework that school 14 districts may follow to provide health-related training in the 15 most efficient and effective manner. 16 2. Voting members of the task force shall include persons 17 deemed appropriate by the department of education, in 18 collaboration with the department of public health. 19 3. The department of education and the department of 20 public health shall work cooperatively to provide staffing and 21 administrative support to the task force. 22 4. The task force shall submit its uniform training 23 framework, findings, and recommendations to the general 24 assembly by December 30, 2022. 25 DIVISION VII 26 NATIONAL CRIMINAL HISTORY RECORD CHECKS 27 Sec. 13. Section 272.2, subsection 17, Code 2022, is amended 28 to read as follows: 29 17. Adopt rules to require that a background investigation 30 be conducted by the division of criminal investigation of the 31 department of public safety on all initial applicants for 32 licensure. The board shall also require all initial applicants 33 to submit a completed fingerprint packet and shall use the 34 packet to facilitate a national criminal history background 35 -12- LSB 5675XC (3) 89 jda/jh 12/ 20
S.F. _____ check. The board shall have access to, and shall review 1 the sex offender registry information under section 692A.121 2 available to the general public, information in the Iowa court 3 information system available to the general public, the central 4 registry for child abuse information established under chapter 5 235A , and the dependent adult abuse records maintained under 6 chapter 235B for information regarding applicants for license 7 renewal. This subsection shall not be construed to require the 8 board to receive the results of the national criminal history 9 record check before granting a license to an initial applicant 10 that is contingent upon the results of the national criminal 11 history record check. 12 Sec. 14. Section 272.31, subsection 5, Code 2022, is amended 13 to read as follows: 14 5. The board shall adopt rules under chapter 17A for 15 authorizations, including but not limited to approval of 16 courses, validity and expiration, fees, and suspension and 17 revocation of authorizations. The rules shall not require the 18 board to receive the results of a national criminal history 19 record check before granting an authorization under this 20 section that is contingent upon the results of the national 21 criminal history record check. 22 Sec. 15. Section 279.13, subsection 1, paragraph b, 23 subparagraph (1), Code 2022, is amended to read as follows: 24 (1) Prior to entering into an initial contract with a 25 teacher who holds a license other than an initial license 26 issued by the board of educational examiners under chapter 272 , 27 the school district shall initiate a state criminal history 28 record check of the applicant through the division of criminal 29 investigation of the department of public safety, submit the 30 applicant’s fingerprints to the division for submission to the 31 federal bureau of investigation for a national criminal history 32 record check, and review the sex offender registry information 33 under section 692A.121 available to the general public, the 34 central registry for child abuse information established 35 -13- LSB 5675XC (3) 89 jda/jh 13/ 20
S.F. _____ under section 235A.14 , and the central registry for dependent 1 adult abuse information established under section 235B.5 2 for information regarding the applicant for employment as a 3 teacher. This subparagraph shall not be construed to require a 4 school district to receive the results of the national criminal 5 history record check before entering into an initial contract 6 with a teacher who holds a license other than an initial 7 license issued by the board of educational examiners under 8 chapter 272 that is contingent upon the results of the national 9 criminal history record check. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 The bill relates to entities supported in whole or in part by 14 public moneys, including the sale of public bonds, the duties 15 and responsibilities of school boards, school districts, the 16 department of education, the board of educational examiners, 17 and accredited nonpublic schools, and the membership of county 18 conference boards. 19 DIVISION I —— BOND SALES. Current law provides that when 20 public bonds are offered for sale, the official in charge 21 of the bond issue shall give notice of the time and place 22 of sale, the amount to be offered for sale, and any further 23 information which the official deems pertinent by publishing 24 an advertisement in a newspaper. The bill modifies this 25 provision to require the official in charge of the bond issue 26 to give notice of the sale by publishing the time and place of 27 sale, the amount to be offered for sale, and any additional 28 information the official deems pertinent to the bond issue in 29 at least one electronic or written publication with nationwide 30 circulation that is recognized for providing information 31 regarding the sale of public bonds. 32 Code section 75.14 provides that, notwithstanding contrary 33 provisions of Code chapter 75 (authorization and sale of public 34 bonds), a public body authorized to issue bonds or other 35 -14- LSB 5675XC (3) 89 jda/jh 14/ 20
S.F. _____ obligations may elect to receive bids to purchase such bonds 1 or other obligations by means of electronic communication, a 2 proprietary bidding procedure, or by facsimile transmission to 3 a location deemed appropriate by the governing body. The bill 4 adds a reference to Code section 75.3 (sealed and open bids) to 5 the notwithstanding provision. 6 DIVISION II —— SCHOOL BOARD DUTIES AND RESPONSIBILITIES. 7 Code section 279.6 provides a process to fill vacancies 8 occurring among the members of a school board. This process 9 requires, among other things, the publication in a newspaper 10 of notice stating that the board intends to fill the vacancy 11 by appointment. The bill authorizes notice to be provided by 12 publication on the board’s internet site as well. 13 The bill authorizes the board of directors of a school 14 district and the superintendent, in certain specified 15 circumstances, to use electronic signatures and electronic 16 contracts pursuant to Code chapter 554D (electronic 17 transactions) and facsimile signatures when entering into 18 contracts to hire support personnel. 19 Current law requires the board of directors of each public 20 school district to administer the pledge of allegiance in 21 grades 1 through 12 each school day. The bill modifies this 22 provision to require each public school district to administer 23 the pledge of allegiance in grades 1 through 12 each school 24 day. 25 The bill authorizes the president of the board of directors 26 of a school district, or the president’s designee, to enter 27 into original contracts or electronic contracts pursuant 28 to chapter 554D and sign, using an original, facsimile, or 29 electronic signature, all school district payments drawn and 30 authorize electronic funds transfers as provided by law. 31 DIVISION III —— DEPARTMENT OF EDUCATION WORK GROUP. The bill 32 requires the department of education to convene and provide 33 administrative support to a health care-related training for 34 school personnel group. The bill requires the group to review 35 -15- LSB 5675XC (3) 89 jda/jh 15/ 20
S.F. _____ and develop a plan to ensure that Iowa educators have the 1 health care training necessary to perform their duties and 2 to submit recommendations for delivery and implementation of 3 training required under state law or rule. The bill specifies 4 the members the group shall include. The bill requires the 5 group to submit its findings and recommendations in a report 6 to the general assembly, the governor, and the state board of 7 education by December 1, 2022. 8 DIVISION IV —— STATEWIDE SCHOOL INFRASTRUCTURE FUNDING. 9 Current law provides that bonds issued under Code chapter 10 423F (statewide school infrastructure funding) on or after 11 July 1, 2019, shall not be sold at a public or private sale 12 without notice and hearing. Current law also provides that 13 notice of the sale shall be published in a newspaper. The bill 14 modifies this provision to require that notice be published in 15 at least one electronic or written publication with nationwide 16 circulation that is recognized for providing information 17 regarding the sale of public bonds. The bill provides that 18 this provision does not apply to the refinancing of bonds. 19 DIVISION V —— COUNTY CONFERENCE BOARD. Current law provides 20 that each county and each city having an assessor shall have a 21 conference board. Current law also provides that in counties, 22 the conference board shall consist of the mayors of all 23 incorporated cities in the county whose property is assessed 24 by the county assessor, one representative from the board of 25 directors of each high school district of the county, who is 26 a resident of the county, said board of directors appointing 27 said representative for a one-year term and notifying the 28 clerk of the conference board as to their representative, and 29 members of the board of supervisors. The bill modifies this 30 provision to require that the conference board consist of the 31 mayors or a designated member of a city council, along with 32 the representatives already provided. The bill also strikes 33 the requirement that the board of directors of a high school 34 district appoint a representative for a one-year term and 35 -16- LSB 5675XC (3) 89 jda/jh 16/ 20
S.F. _____ notify the clerk of the conference board as to the identity of 1 the representative. 2 DIVISION VI —— SEIZURE ACTION PLAN AND TRAINING 3 REQUIREMENTS. The bill requires school districts and 4 accredited nonpublic schools that have a student enrolled who 5 has a known epilepsy diagnosis or seizure disorder or has a 6 seizure rescue medication or medication prescribed to treat 7 seizure disorder symptoms to have an individual health plan, 8 including a seizure action plan if appropriate, requires school 9 districts and accredited nonpublic schools to provide certain 10 training relating to seizures to relevant school employees, 11 requires the state board of education to adopt rules for 12 implementation of new Code section 280.13D, and requires the 13 department of education to develop and implement a seizure 14 education program statewide. 15 Commencing with the school year beginning July 1, 2023, 16 the bill requires school districts and accredited nonpublic 17 schools to have at least one school employee at each school 18 who has met the training requirements for administering 19 medications and vagus nerve stimulation. The presence of a 20 full-time registered nurse who assumes responsibility for 21 the administration of seizure medications and vagus nerve 22 stimulation meets this requirement. However, school personnel, 23 other than a registered nurse, are not required to administer a 24 suppository to a student. 25 The bill includes definitions and requirements relating to 26 the development of individual health plans and seizure action 27 plans. 28 Every school attendance center shall provide training to 29 school personnel or volunteers responsible for the supervision 30 or care of students. The training must be fully consistent 31 with programs and guidelines developed by the epilepsy 32 foundation of America. 33 Further, each school district must require all school 34 personnel to undergo approved seizure recognition and first aid 35 -17- LSB 5675XC (3) 89 jda/jh 17/ 20
S.F. _____ training on a biennial basis. The new Code section shall not 1 be construed to limit the authority of a school district or the 2 department to require additional seizure disorder training. 3 Prior to administering medication prescribed to treat a 4 student’s seizure disorder symptoms, the student’s parent or 5 guardian must provide the school with a written authorization 6 to administer the medication at school. 7 The parent or guardian of a student diagnosed with a 8 seizure disorder may collaborate with licensed health care 9 professionals, including the school nurse or education team, 10 in the development of an individual health plan, and a seizure 11 action plan if appropriate, consistent with the state board’s 12 rules. The individual health plan or seizure plan, based 13 on the student’s needs, may include assessment, nursing 14 diagnosis, outcomes, planning, interventions, student goals, if 15 applicable, and a plan for emergencies to provide direction in 16 managing the student’s health needs. The plan must be updated 17 consistent with individual health plan timelines and state 18 board of education rules. 19 Each school shall keep the parent’s written authorization 20 requesting medication administration at school, the individual 21 health plan, and the seizure action plan on file in the office 22 of the school nurse or school administrator, and distribute 23 information regarding the seizure action to any school 24 personnel or volunteers responsible for the student. The 25 health plan information is confidential under federal law. 26 Provisions relating to the administration of medication 27 prescribed to treat a specific student’s seizure disorder 28 symptoms, and to distribution of information about a specific 29 student’s seizure action plan to persons responsible for the 30 supervision or care of the student apply only to schools that 31 have a student enrolled who has a known epilepsy diagnosis 32 or seizure disorder or has a seizure rescue medication or 33 medication prescribed to treat seizure disorder symptoms. 34 Every school district may provide an age-appropriate seizure 35 -18- LSB 5675XC (3) 89 jda/jh 18/ 20
S.F. _____ education program to all students on seizures and seizure 1 disorders. 2 A school district, school district employee, or agent 3 who acts in good faith to provide assistance or services in 4 compliance with the student’s individual health plan and the 5 instructions of the student’s licensed health care professional 6 shall not be liable for any claim for injuries or damages 7 arising from the provision of such services to students with 8 epilepsy or seizure disorders. 9 The bill directs the department of education, in 10 collaboration with the department of public health, to 11 convene a school district health-related training requirements 12 task force to review health-related training requirements 13 established in the Code and the Iowa administrative code, with 14 which school districts must comply. 15 Voting members of the task force shall include persons 16 deemed appropriate by the department of education, in 17 collaboration with the department of public health. The 18 departments shall work cooperatively to provide staffing and 19 administrative support to the task force. 20 The task force shall submit its uniform training framework, 21 findings, and recommendations to the general assembly by 22 December 30, 2022. 23 DIVISION VII —— NATIONAL CRIMINAL HISTORY RECORD CHECKS. 24 The bill relates to national criminal history record checks for 25 certain specified employees of schools and persons applying for 26 a license from the board of educational examiners (BOEE). 27 Current law requires the BOEE to adopt rules that require 28 all initial applicants to submit a completed fingerprint packet 29 and to use the packet to facilitate a national criminal history 30 background check. The bill provides that this provision shall 31 not be construed to require the BOEE to receive the results of 32 the national criminal history record check before granting a 33 license to an initial applicant that is contingent upon the 34 results of the national criminal history record check. 35 -19- LSB 5675XC (3) 89 jda/jh 19/ 20
S.F. _____ Current law authorizes the BOEE to issue authorizations for 1 coaching, school business officials, and substitute teachers. 2 The bill provides that the rules the BOEE adopts related to 3 issuing these authorizations shall not require the BOEE to 4 receive the results of a national criminal history record check 5 before granting an authorization that is contingent upon the 6 results of the national criminal history record check. 7 Current law provides that prior to entering into an initial 8 contract with a teacher who holds a license other than an 9 initial license issued by the BOEE, a school district shall 10 submit the applicant’s fingerprints to the division of criminal 11 investigation of the department of public safety for submission 12 to the federal bureau of investigation for a national criminal 13 history record check. The bill provides that this provision 14 shall not be construed to require a school district to receive 15 the results of the national criminal history record check 16 before entering into an initial contract with a teacher who 17 holds a license other than an initial license issued by the 18 BOEE that is contingent upon the results of the national 19 criminal history record check. 20 -20- LSB 5675XC (3) 89 jda/jh 20/ 20