House File 2496 - Introduced HOUSE FILE 2496 BY STECKMAN , KURTH , CAHILL , BAETH , WILBURN , JAMES , FORBES , CROKEN , BAGNIEWSKI , SRINIVAS , WILSON , SCHEETZ , AMOS JR. , MADISON , BUCK , WESSEL-KROESCHELL , SCHOLTEN , BROWN-POWERS , KRESSIG , JACOBY , and GJERDE A BILL FOR An Act modifying provisions related to the responsibilities of 1 nonpublic schools. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6082YH (4) 90 jda/jh
H.F. 2496 Section 1. Section 256.7, subsection 31, paragraph a, Code 1 2024, is amended to read as follows: 2 a. Adopt by rule guidelines for school district and 3 accredited nonpublic school implementation of section 4 279.68 , including but not limited to basic levels of reading 5 proficiency on approved locally determined or statewide 6 assessments and identification of tools that school districts 7 and accredited nonpublic schools may use in evaluating and 8 reevaluating any student who may not be or who is determined 9 not to be reading proficiently and is persistently at risk in 10 reading, including but not limited to initial assessments and 11 subsequent assessments, alternative assessments, and portfolio 12 reviews. The state board shall adopt standards that provide 13 a reasonable expectation that a student’s progress toward 14 reading proficiency under section 279.68 is sufficient to 15 master appropriate grade four level reading skills prior to the 16 student’s promotion to grade four. 17 Sec. 2. Section 256.9, subsection 69, Code 2024, is amended 18 to read as follows: 19 69. Develop and distribute to school districts , accredited 20 nonpublic schools, and charter schools model policies that, if 21 adopted by a school district , accredited nonpublic school, or 22 charter school, would satisfy the school district’s , accredited 23 nonpublic school’s, or charter school’s responsibilities under 24 section 279.65A relating to the discipline of a student for 25 making a threat of violence or causing an incident of violence 26 that results in injury or property damage or assault. 27 Sec. 3. Section 256.11, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. The following shall be taught in grades seven and 30 eight: English-language arts; social studies; mathematics; 31 science; health; age-appropriate and research-based human 32 growth and development; career exploration and development; 33 physical education; music; and visual art. Computer science 34 instruction incorporating the standards established under 35 -1- LSB 6082YH (4) 90 jda/jh 1/ 38
H.F. 2496 section 256.7, subsection 26 , paragraph “a” , subparagraph (4), 1 shall be offered in at least one grade level commencing with 2 the school year beginning July 1, 2023. Career exploration 3 and development shall be designed so that students are 4 appropriately prepared to create an individual career 5 and academic plan pursuant to section 279.61 , incorporate 6 foundational career and technical education concepts aligned 7 with the six career and technical education service areas as 8 defined in subsection 5 , paragraph “h” , incorporate relevant 9 twenty-first century skills to facilitate career readiness, 10 and introduce students to career opportunities within the 11 local community and across this state. The health curriculum 12 shall include age-appropriate and research-based information 13 regarding the characteristics of sexually transmitted diseases. 14 The state board as part of accreditation standards shall adopt 15 curriculum definitions for implementing the program in grades 16 seven and eight. However, this subsection shall not apply to 17 the teaching of career exploration and development in nonpublic 18 schools. 19 Sec. 4. Section 256.11, subsection 5, paragraph h, 20 subparagraph (4), Code 2024, is amended by striking the 21 subparagraph. 22 Sec. 5. Section 256B.2, subsection 2, paragraph a, Code 23 2024, is amended to read as follows: 24 a. It is the policy of this state to require school 25 districts , accredited nonpublic schools, and state-operated 26 educational programs to provide or make provision, as an 27 integral part of public education, for a free and appropriate 28 public education sufficient to meet the needs of all children 29 requiring special education. This chapter is not to be 30 construed as encouraging separate facilities or segregated 31 programs designed to meet the needs of children requiring 32 special education when the children can benefit from all or 33 part of the education program as offered by the local school 34 district or accredited nonpublic school . Children requiring 35 -2- LSB 6082YH (4) 90 jda/jh 2/ 38
H.F. 2496 special education shall, consistent with the least restrictive 1 environment requirements under the federal Individuals with 2 Disabilities Education Act, 20 U.S.C. §1400 et seq., attend 3 regular classes and shall be educated with children who do not 4 require special education. 5 Sec. 6. Section 256B.3, subsection 8, Code 2024, is amended 6 to read as follows: 7 8. To cooperate with school districts , accredited nonpublic 8 schools, or area education agency boards in arranging for 9 any child requiring special education to attend school in a 10 district other than the one in which the child resides , or 11 in a different accredited nonpublic school, when there is 12 no available special school, class, or instruction in the 13 districts in which the child resides or in the accredited 14 nonpublic school in which the child is enrolled . 15 Sec. 7. Section 256B.4, Code 2024, is amended to read as 16 follows: 17 256B.4 Powers of board of directors and authorities in charge 18 of accredited nonpublic schools . 19 1. The board of directors of a school district or area 20 education agency, or the authorities in charge of an accredited 21 nonpublic school, with the approval of the director of the 22 department of education, may provide special education programs 23 and services as defined in this chapter . If services are 24 provided by the area education agency, the board of directors 25 of the area education agency with the cooperation of the local 26 school districts within its jurisdiction may: 27 a. Establish and operate special education programs and 28 classes for the education of children requiring special 29 education. 30 b. Acquire, maintain, and construct facilities in which to 31 provide education, corrective services, and supportive services 32 for children requiring special education. 33 c. Make arrangements with participating school districts 34 and accredited nonpublic schools for the provision of special 35 -3- LSB 6082YH (4) 90 jda/jh 3/ 38
H.F. 2496 education, corrective, and supportive services to the children 1 requiring special education residing in the school districts. 2 d. Employ special education teachers and personnel required 3 to furnish corrective or supportive services to children 4 requiring special education services. 5 e. Provide transportation for children requiring special 6 education services that are in need of transportation in 7 connection with any programs, classes, or services. 8 f. Receive, administer, and expend funds appropriated for 9 its use. 10 g. Receive, administer, and expend the proceeds of any issue 11 of school bonds or other bonds intended wholly or partly for 12 its benefit. 13 h. Apply for, accept, and utilize grants, gifts, or other 14 assistance. 15 i. Participate in, and make its employees eligible to 16 participate in, any retirement system, group insurance system, 17 or other program of employee benefits, on the same terms as 18 govern school districts or accredited nonpublic schools and 19 their employees. 20 j. Do such other things as are necessary and incidental to 21 the execution of any of its powers. 22 2. The board of directors of the local district , the 23 authorities in charge of the accredited nonpublic school, or 24 the area education agency shall employ qualified teachers 25 certified by the authority provided by law as teachers for 26 children requiring such special education. The maximum number 27 of pupils per teacher shall be determined by the board of 28 directors of the local district , the authorities in charge of 29 the accredited nonpublic school, or the area education agency 30 board in accordance with the rules and regulations of the state 31 board of education. 32 3. The board of directors of the local district , the 33 authorities in charge of the accredited nonpublic school, or 34 the area education agency may establish and operate one or more 35 -4- LSB 6082YH (4) 90 jda/jh 4/ 38
H.F. 2496 special education centers to provide diagnostic, therapeutic, 1 corrective, and other services, on a more comprehensive, 2 expert, economical, and efficient basis than can be reasonably 3 provided by a single school district or accredited nonpublic 4 school . The services, if offered by the area education agency 5 board, may be provided in the regular schools using personnel 6 and equipment of the area education agency or, if it is 7 impractical or inefficient to provide them on the premises of a 8 regular school, the area education agency may provide services 9 in its own facilities. To the maximum extent feasible, 10 centers shall be established at and in conjunction with, or 11 in close proximity to, one or more elementary and secondary 12 schools. Local districts , accredited nonpublic schools, or the 13 area education agencies may accept diagnostic and evaluation 14 studies conducted by other individuals, hospitals, or centers, 15 if determined to be competent. Children requiring special 16 education services may be identified in any way that the 17 department of education determines to be reliable. Centers 18 established pursuant to this section may contain classrooms 19 and other educational facilities and equipment to supplement 20 instruction and other services to children with disabilities 21 in the regular schools, and to provide separate instruction to 22 children whose degree or type of educational disability makes 23 it impractical or inappropriate for them to participate in 24 classes with normal children. 25 Sec. 8. Section 256B.6, subsection 1, Code 2024, is amended 26 to read as follows: 27 1. When the school district , accredited nonpublic school, 28 or area education agency has provided special education 29 services and programs as provided in this chapter for any child 30 requiring special education, either by admission to a special 31 class or by supportive services, it shall be the duty of the 32 parent or guardian to enroll the child for instruction in such 33 special classes or supportive services as may be established, 34 except in the event a doctor’s certificate is filed with the 35 -5- LSB 6082YH (4) 90 jda/jh 5/ 38
H.F. 2496 secretary of the school district or accredited nonpublic 1 school showing that it is inadvisable for medical reasons 2 for the child requiring special education to receive the 3 special education provided; all the provisions and conditions 4 of chapter 299 shall be applicable to this section , and any 5 violations shall be punishable as provided in chapter 299 . 6 Sec. 9. Section 256B.6, subsection 2, unnumbered paragraph 7 1, Code 2024, is amended to read as follows: 8 A child, or the parent or guardian of the child, or the 9 school district in which the child resides, or the accredited 10 nonpublic school in which the child is enrolled, may obtain a 11 review of an action or omission of local authorities pursuant 12 to the procedures established by the state board of education 13 on the ground that the child has been or is about to be: 14 Sec. 10. Section 279.9, Code 2024, is amended to read as 15 follows: 16 279.9 Use of tobacco, alcoholic beverages, or controlled 17 substances. 18 1. The rules adopted under section 279.8 shall include 19 rules prohibiting the use of tobacco and the use or possession 20 of alcoholic liquor, wine, or beer or any controlled substance 21 as defined in section 124.101, subsection 5 , by any student of 22 the schools. The board may suspend or expel a student for a 23 violation of a rule described under this section subsection . 24 2. Each accredited nonpublic school shall adopt rules 25 prohibiting the use of tobacco and the use or possession of 26 alcoholic liquor, wine, or beer or any controlled substance as 27 defined in section 124.101, subsection 5, by any student of the 28 accredited nonpublic school. The authorities in charge of an 29 accredited nonpublic school may suspend or expel a student for 30 a violation of a rule described in this subsection. 31 Sec. 11. Section 279.9B, Code 2024, is amended to read as 32 follows: 33 279.9B Reports to juvenile authorities. 34 1. The rules adopted under section 279.8 shall require, once 35 -6- LSB 6082YH (4) 90 jda/jh 6/ 38
H.F. 2496 school officials have been notified by a juvenile court officer 1 that a student attending the school is under supervision or has 2 been placed on probation, that school officials shall notify 3 the juvenile court of each unexcused absence or suspension or 4 expulsion of the student. 5 2. Each accredited nonpublic school shall adopt rules 6 requiring that, once school officials have been notified by a 7 juvenile court officer that a student attending the accredited 8 nonpublic school is under supervision or has been placed on 9 probation, school officials are required to notify the juvenile 10 court of each unexcused absence or suspension or expulsion of 11 the student. 12 Sec. 12. Section 279.14B, Code 2024, is amended to read as 13 follows: 14 279.14B Retaliation prohibition. 15 The board of directors of a school district and the 16 authorities in charge of an accredited nonpublic school 17 shall not take any disciplinary action against an employee or 18 contractor of the school district for disclosing information 19 to any public official or law enforcement agency, including 20 a disclosure to the ombudsman pursuant to section 2C.9, 21 subsection 3 , if the employee or contractor reasonably 22 believes the information evidences a violation of law or 23 rule, mismanagement, a gross abuse of funds, an abuse of 24 authority, or a substantial and specific danger to public 25 health or safety. For purposes of this section , “disciplinary 26 action” includes termination of employment or the contractual 27 relationship, suspension from employment, demotion, financial 28 penalties, failing to take action regarding an employee’s 29 or contractor’s promotion or proposed promotion, failing 30 to provide an advantage in employment or the contractual 31 relationship, and written or verbal reprimands. 32 Sec. 13. Section 279.19B, subsection 1, paragraph a, 33 unnumbered paragraph 1, Code 2024, is amended to read as 34 follows: 35 -7- LSB 6082YH (4) 90 jda/jh 7/ 38
H.F. 2496 The board of directors of a school district or the 1 authorities in charge of an accredited nonpublic school 2 may employ for head coach of any interscholastic athletic 3 activities or for assistant coach of any interscholastic 4 athletic activity, an individual who possesses a coaching 5 authorization issued by the board of educational examiners 6 or possesses a teaching license with a coaching endorsement 7 issued pursuant to chapter 256, subchapter VII, part 3 . 8 However, a board of directors of a school district or the 9 authorities in charge of an accredited nonpublic school shall 10 consider applicants with qualifications described below, in the 11 following order of priority: 12 Sec. 14. Section 279.21, Code 2024, is amended to read as 13 follows: 14 279.21 Principals. 15 1. The authorities in charge of an accredited nonpublic 16 school may employ principals, and the board of directors of a 17 school district may employ principals, under the provisions 18 of section 279.23 . A principal employed by the board of 19 directors of a school district or the authorities in charge 20 of an accredited nonpublic school shall hold a current valid 21 principal’s certificate. Notwithstanding the provisions of 22 section 279.23 , after serving at least nine months, a principal 23 may be employed for a term of not to exceed two years. 24 2. a. The principal, under the supervision of the 25 superintendent of the school district and pursuant to rules 26 and policies of the board of directors of the school district, 27 or under the supervision of the authorities in charge of 28 an accredited nonpublic school, as applicable, shall be 29 responsible for administration and operation of the attendance 30 center to which the principal is assigned. 31 b. The principal shall, pursuant to the policies adopted 32 by the board of directors of the school district or the 33 authorities in charge of an accredited nonpublic school , be 34 responsible for the planning, management, operation, and 35 -8- LSB 6082YH (4) 90 jda/jh 8/ 38
H.F. 2496 evaluation of the educational program offered at the attendance 1 center to which the principal is assigned and shall submit 2 recommendations to the superintendent or the authorities 3 in charge of an accredited nonpublic school regarding the 4 appointment, assignment, promotion, transfer, and dismissal of 5 all personnel assigned to the attendance center. The principal 6 shall perform such other duties as may be assigned by the 7 superintendent or the authorities in charge of an accredited 8 nonpublic school . 9 c. For purposes of this section and sections 279.23 , 10 279.23A , 279.24 , and 279.25 , the term “principal” includes 11 school principals, associate principals, and assistant 12 principals. 13 Sec. 15. Section 279.40, Code 2024, is amended to read as 14 follows: 15 279.40 Sick leave. 16 1. a. Public school employees and employees of accredited 17 nonpublic schools are granted leave of absence for medically 18 related disability with full pay in the following minimum 19 amounts: 20 (1) The first year of employment . . . . . . . . . . . . . . . . . . 10 days. 21 (2) The second year of employment . . . . . . . . . . . . . . . . . 11 days. 22 (3) The third year of employment . . . . . . . . . . . . . . . . . . 12 days. 23 (4) The fourth year of employment . . . . . . . . . . . . . . . . . 13 days. 24 (5) The fifth year of employment . . . . . . . . . . . . . . . . . . 14 days. 25 (6) The sixth and subsequent years of employment . . 15 days. 26 b. The above amounts shall apply only to consecutive 27 years of employment in the same school district or accredited 28 nonpublic school and unused portions shall be cumulative to at 29 least a total of ninety days. The school board or authorities 30 in charge of an accredited nonpublic school shall, in each 31 instance, require such reasonable evidence as it may desire 32 confirming the necessity for such leave of absence. 33 2. Nothing in this section shall be construed as limiting 34 the right of a school board or the authorities in charge of an 35 -9- LSB 6082YH (4) 90 jda/jh 9/ 38
H.F. 2496 accredited nonpublic school to grant more time than the days 1 herein specified. 2 3. Cumulation of sick leave under this section shall not be 3 affected or terminated due to the organization or dissolution 4 of a community school district or districts which include all 5 or the portion of the district which employed the particular 6 public school employee for the school year previous to the 7 organization or dissolution, if the employee is employed by one 8 of the community school districts for the first school year 9 following its organization or dissolution. 10 4. Any amounts due an employee under this section shall be 11 reduced by benefits payable under sections 85.33 and 85.34, 12 subsection 1 , if applicable . 13 Sec. 16. Section 279.50, subsections 1, 2, 3, 4, 5, 6, and 14 7, Code 2024, are amended to read as follows: 15 1. Subject to section 279.80 , each school board and 16 accredited nonpublic school shall provide instruction in 17 kindergarten which gives attention to experiences relating to 18 life skills and human growth and development as required in 19 section 256.11 . School districts and accredited nonpublic 20 schools shall use research provided in section 256.9, 21 subsection 46 , paragraph “b” , to evaluate and upgrade their 22 instructional materials and teaching strategies for human 23 growth and development. 24 2. Subject to section 279.80 , each school board and 25 accredited nonpublic school shall provide age-appropriate and 26 research-based instruction in human growth and development 27 including instruction regarding self-esteem, stress management, 28 interpersonal relationships, and domestic abuse in grades one 29 through six. 30 3. Each school board and accredited nonpublic school shall 31 provide age-appropriate and research-based instruction in 32 human growth and development including instruction regarding 33 human sexuality, self-esteem, stress management, interpersonal 34 relationships, domestic abuse, and the prevention and control 35 -10- LSB 6082YH (4) 90 jda/jh 10/ 38
H.F. 2496 of disease, including sexually transmitted diseases as required 1 in section 256.11 , in grades seven through twelve. 2 4. Each school board and accredited nonpublic school 3 shall annually provide to a parent or guardian of any pupil 4 enrolled in the school district or accredited nonpublic 5 school , information about the human growth and development 6 curriculum used in the pupil’s grade level and the procedure 7 for inspecting the instructional materials prior to their use 8 in the classroom. 9 5. Each school district and accredited nonpublic school 10 shall, upon request by any agency or organization, provide 11 information about the human growth and development curriculum 12 used in each grade level and the procedure for inspecting and 13 updating the instructional materials. 14 6. A pupil shall not be required to take instruction in 15 human growth and development if the pupil’s parent or guardian 16 files with the appropriate principal a written request that 17 the pupil be excused from the instruction. Notification that 18 the written request may be made shall be included in the 19 information provided by the school district or accredited 20 nonpublic school . 21 7. Each school board , accredited nonpublic school, or 22 community college which offers general adult education classes 23 or courses shall periodically offer an instructional program 24 in parenting skills and in human growth and development 25 for parents, guardians, prospective biological and adoptive 26 parents, and foster parents. 27 Sec. 17. Section 279.65A, Code 2024, is amended to read as 28 follows: 29 279.65A Discipline of students who make threats of violence 30 or cause incidents of violence. 31 The board of directors of each school district and the 32 authorities in charge of each accredited nonpublic school 33 shall adopt, in collaboration with teachers and administrative 34 staff employed by the school district or accredited nonpublic 35 -11- LSB 6082YH (4) 90 jda/jh 11/ 38
H.F. 2496 school , policies for different grade levels that describe how a 1 school district or accredited nonpublic school may discipline a 2 student for making a threat of violence or causing an incident 3 of violence that results in injury or property damage or 4 assault. All of the following shall apply to the policies: 5 1. The policies must incorporate strategies that are 6 designed to correct the student’s behavior. 7 2. The policies must provide for parent or guardian 8 conferences, counseling sessions, or mental health counseling 9 sessions, when appropriate. The policies must provide that the 10 school district or accredited nonpublic school must receive 11 the prior written consent of the student’s parent or guardian 12 before requiring the student to participate in a counseling 13 session or a mental health counseling session. 14 3. The policies must be consistent with the provisions of 15 chapter 256B , the administrative rules adopted by the state 16 board for purposes of chapter 256B , the federal Individuals 17 with Disabilities Education Act, 20 U.S.C. §1400 et seq., and 18 the federal Rehabilitation Act of 1973, as amended and codified 19 in 29 U.S.C. §701 et seq. 20 4. The policies must provide for escalating levels of 21 discipline each time the student makes a threat of violence 22 or causes an incident of violence that results in injury or 23 property damage or assault. 24 5. The policies must allow for the school district or 25 accredited nonpublic school to select the level of discipline 26 that the school district or accredited nonpublic school 27 determines corresponds to the severity of the threat of 28 violence or incident of violence. 29 6. The policies must allow the school district or accredited 30 nonpublic school to suspend the student, permanently remove the 31 student from a particular class, expel the student, or place 32 the student in an alternative learning environment, including a 33 therapeutic classroom, when appropriate. 34 7. The policies must require an individualized education 35 -12- LSB 6082YH (4) 90 jda/jh 12/ 38
H.F. 2496 program meeting if the student who made the threat of violence 1 or caused the incident of violence that resulted in injury or 2 property damage or assault has an individualized education 3 program. 4 8. The policies must be published on the school district’s 5 or accredited nonpublic school’s internet site and in 6 applicable student handbooks. 7 Sec. 18. Section 279.68, subsection 1, paragraph a, Code 8 2024, is amended to read as follows: 9 a. A Each school district and accredited nonpublic school 10 shall assess all students enrolled in kindergarten through 11 grade three at the beginning of each school year for their 12 level of reading or reading readiness on locally determined 13 or statewide assessments, as provided in section 256.7, 14 subsection 31 . If a student is not reading proficiently and 15 is persistently at risk in reading, based upon the assessments 16 administered in accordance with this paragraph, the school 17 district or accredited nonpublic school shall provide intensive 18 reading instruction to the student. The student’s reading 19 proficiency shall be periodically reassessed by locally 20 determined or statewide assessments including periodic 21 universal screening and annual standard-based assessments. The 22 student shall continue to be provided with intensive reading 23 instruction, at grade levels beyond grade three if necessary, 24 until the student is reading at grade level, as determined by 25 the student’s consistently proficient performance on valid 26 and reliable measures of reading ability. For purposes of 27 this section , “persistently at risk” means the student has not 28 met the grade-level benchmark on two consecutive screening 29 assessments administered under this paragraph. 30 Sec. 19. Section 279.68, subsection 1, paragraph b, 31 subparagraph (2), Code 2024, is amended to read as follows: 32 (2) A description of the proposed supplemental 33 instructional services and supports that the school district or 34 accredited nonpublic school will provide to the student that 35 -13- LSB 6082YH (4) 90 jda/jh 13/ 38
H.F. 2496 are designed to remediate the identified areas in which the 1 student is persistently at risk in reading. 2 Sec. 20. Section 279.68, subsection 2, unnumbered paragraph 3 1, Code 2024, is amended to read as follows: 4 If funds are appropriated by the general assembly for 5 purposes of implementing this subsection , a school district or 6 accredited nonpublic school shall do all of the following: 7 Sec. 21. Section 279.68, subsection 2, paragraph a, 8 unnumbered paragraph 1, Code 2024, is amended to read as 9 follows: 10 Provide students who are persistently at risk in reading 11 with intensive instructional services and supports, free of 12 charge, to remediate the identified areas in which students 13 are not proficient in reading, including a minimum of ninety 14 minutes daily of scientific, research-based reading instruction 15 and other strategies prescribed by the school district or 16 accredited nonpublic school which may include but are not 17 limited to the following: 18 Sec. 22. Section 279.68, subsection 2, paragraph e, Code 19 2024, is amended to read as follows: 20 e. Report to the department of education the specific 21 intensive reading interventions and supports implemented by 22 the school district or accredited nonpublic school pursuant 23 to this section . The department shall annually prescribe the 24 components of required or requested reports. 25 Sec. 23. Section 279.68, subsection 3, Code 2024, is amended 26 to read as follows: 27 3. Ensuring continuous improvement in reading proficiency. 28 a. To ensure all children are reading proficiently by 29 the end of third grade, each school district and accredited 30 nonpublic school shall address reading proficiency, drawing 31 upon information about students from assessments and 32 reassessments conducted pursuant to subsection 1 and the 33 prevalence of areas in which students are persistently at 34 risk in reading identified by classroom, elementary school, 35 -14- LSB 6082YH (4) 90 jda/jh 14/ 38
H.F. 2496 and other student characteristics. Each school district 1 and accredited nonpublic school shall review chronic early 2 elementary absenteeism for its impact on literacy development. 3 If more than fifteen percent of an attendance center’s students 4 are not reading proficiently and are persistently at risk 5 in reading by the end of third grade, the school district 6 or accredited nonpublic school shall develop and implement 7 strategies to reduce that percentage, including school and 8 community strategies to raise the percentage of students who 9 are reading at grade level. 10 b. Each school district and accredited nonpublic school , 11 subject to an appropriation of funds by the general assembly, 12 shall provide professional development services to enhance 13 the skills of elementary teachers in responding to children’s 14 unique reading issues and needs and to increase the use of 15 evidence-based strategies. 16 Sec. 24. Section 279.70, subsections 2 and 3, Code 2024, are 17 amended to read as follows: 18 2. By July 1, 2019, the The board of directors of a school 19 district and the authorities in charge of an accredited 20 nonpublic school shall require annual, evidence-based 21 training at least one hour in length on suicide prevention 22 and postvention for all school personnel who hold a license, 23 certificate, authorization, or statement of recognition issued 24 by the board of educational examiners and who have regular 25 contact with students in kindergarten through grade twelve. 26 The content of the training shall be based on nationally 27 recognized best practices. 28 3. By July 1, 2019, the The board of directors of a school 29 district and the authorities in charge of an accredited 30 nonpublic school shall require annual, evidence-based, 31 evidence-supported training on the identification of adverse 32 childhood experiences and strategies to mitigate toxic 33 stress response for all school personnel who hold a license, 34 certificate, authorization, or statement of recognition issued 35 -15- LSB 6082YH (4) 90 jda/jh 15/ 38
H.F. 2496 by the board of educational examiners and who have regular 1 contact with students in kindergarten through grade twelve. 2 The content of the training shall be based on nationally 3 recognized best practices. 4 Sec. 25. Section 279.70A, Code 2024, is amended to read as 5 follows: 6 279.70A Student identification cards —— suicide prevention 7 information. 8 A public school school district or accredited nonpublic 9 school that issues identification cards to students in grades 10 seven through twelve shall include on either side of the 11 identification card the crisis hotline telephone and text 12 numbers and the internet address for your life Iowa or the your 13 life Iowa successor program. A public school school district 14 or accredited nonpublic school that issues identification cards 15 to students in grades five and six may include on either side 16 of the identification card the crisis hotline telephone and 17 text numbers and the internet address for your life Iowa or the 18 your life Iowa successor program. 19 Sec. 26. Section 279.71, subsection 1, paragraphs a, d, and 20 f, Code 2024, are amended to read as follows: 21 a. “Attendance center” means a school district or accredited 22 nonpublic school building that contains classrooms used for 23 instructional purposes for elementary, middle, or secondary 24 school students. 25 d. “Kindergarten through grade twelve school purposes” means 26 purposes that are directed by or that customarily take place at 27 the direction of a kindergarten through grade twelve attendance 28 center, school district, accredited nonpublic school, or a 29 practitioner employed by a school district or accredited 30 nonpublic school , in the administration of school activities, 31 including but not limited to instruction in the classroom or 32 at home, administrative activities, and collaboration between 33 students, school district , accredited nonpublic school, or 34 attendance center personnel, or parents, or are otherwise 35 -16- LSB 6082YH (4) 90 jda/jh 16/ 38
H.F. 2496 for the use and benefit of the school district , accredited 1 nonpublic school, or attendance center. 2 f. “School district” “School” means a all of the following: 3 (1) A public school district described in chapter 274 . 4 (2) A nonpublic school that is accredited under section 5 256.11. 6 Sec. 27. Section 279.71, subsection 1, paragraph b, 7 subparagraph (2), Code 2024, is amended to read as follows: 8 (2) Created by or provided to an operator by an employee 9 or agent of a school district , accredited nonpublic school, or 10 attendance center for kindergarten through grade twelve school 11 purposes. 12 Sec. 28. Section 279.71, subsection 3, paragraph b, Code 13 2024, is amended to read as follows: 14 b. Delete as soon as reasonably practicable, a student’s 15 covered information if the school district or attendance center 16 requests deletion of covered information under the control of 17 the school district or attendance center, unless a student or 18 parent or guardian consents to the maintenance of the covered 19 information. 20 Sec. 29. Section 279.72, Code 2024, is amended to read as 21 follows: 22 279.72 Training on dyslexia. 23 By July 1, 2024, the board of directors of a school 24 district shall require all persons employed by the school 25 district who hold a teaching license with an endorsement 26 for prekindergarten, prekindergarten or elementary special 27 education, or prekindergarten through grade three levels issued 28 under chapter 256, subchapter VII, part 3 , all practitioners 29 and paraprofessionals assigned as Title I teachers and Title 30 I paraprofessionals under the federal Every Student Succeeds 31 Act, Pub. L. No. 114-95, and all practitioners endorsed 32 to teach English as a second language to complete the Iowa 33 reading research center dyslexia overview module. Such persons 34 employed by the a school district or accredited nonpublic 35 -17- LSB 6082YH (4) 90 jda/jh 17/ 38
H.F. 2496 school after July 1, 2024, shall complete the module within one 1 year of the employee’s initial date of hire. 2 Sec. 30. Section 279.73, Code 2024, is amended to read as 3 follows: 4 279.73 Intellectual freedom —— protection —— complaints. 5 1. The board of directors of each school district and the 6 authorities in charge of each accredited nonpublic school shall 7 protect the intellectual freedom of the school district’s or 8 the accredited nonpublic school’s students and practitioners 9 and shall establish and publicize policies that protect 10 students and faculty from discrimination based on speech. 11 A person shall not retaliate against a person who files a 12 complaint for a violation of this section . If the person 13 who files a complaint for a violation of this section is an 14 employee of the school district, the provisions of section 15 70A.29 shall apply. 16 2. If the board of directors of the school district , the 17 authorities in charge of an accredited nonpublic school, or 18 a court finds that an employee of the school district or 19 accredited nonpublic school who holds a license, certificate, 20 statement of recognition, or authorization issued by the 21 board of educational examiners under chapter 256, subchapter 22 VII, part 3, discriminated against a student or employee 23 in violation of this section , the employee found to be in 24 violation under this section shall be subject to a hearing 25 conducted by the board of educational examiners pursuant 26 to section 256.146, subsection 13 , which may result in 27 disciplinary action and the employee’s employment may be 28 terminated. 29 Sec. 31. Section 279.74, subsections 2 and 3, Code 2024, are 30 amended to read as follows: 31 2. Each school district and accredited nonpublic school 32 may continue training that fosters a workplace and learning 33 environment that is respectful of all employees and students. 34 However, the superintendent of each school district and the 35 -18- LSB 6082YH (4) 90 jda/jh 18/ 38
H.F. 2496 authorities in charge of each accredited nonpublic school 1 shall ensure that any curriculum or mandatory staff or student 2 training provided by an employee of the school district or 3 accredited nonpublic school, or by a contractor hired by the 4 school district or accredited nonpublic school, does not teach, 5 advocate, encourage, promote, or act upon specific stereotyping 6 and scapegoating toward others on the basis of demographic 7 group membership or identity. This subsection shall not 8 be construed as preventing an employee or contractor who 9 teaches any curriculum or who provides mandatory training from 10 responding to questions regarding specific defined concepts 11 raised by participants in the training. 12 3. School district and accredited nonpublic school 13 diversity and inclusion efforts shall discourage students 14 of the school district or accredited nonpublic school from 15 discriminating against another by political ideology or any 16 characteristic protected under the federal Civil Rights Act of 17 1964, Pub. L. No. 88-352, as amended, and applicable state law. 18 Each school district and accredited nonpublic school shall 19 prohibit its employees from discriminating against students or 20 employees by political ideology or any characteristic protected 21 under the federal Civil Rights Act of 1964, Pub. L. No. 88-352, 22 as amended, and applicable state law. 23 Sec. 32. Section 279.76, subsections 1 and 2, Code 2024, are 24 amended to read as follows: 25 1. a. Each school district and accredited nonpublic school 26 is prohibited from administering or conducting an invasive 27 physical examination of a student, a student health screening 28 that is not required by state or federal law, or a formal 29 examination or survey of a student that is designed to assess 30 the student’s mental, emotional, or physical health that is 31 not required by state or federal law, without first acquiring 32 the written consent of the student’s parent or guardian. This 33 section applies only to a minor child in the direct care of a 34 parent or guardian, and does not apply to an emancipated minor 35 -19- LSB 6082YH (4) 90 jda/jh 19/ 38
H.F. 2496 or a minor who is not residing with the parent or guardian. 1 b. Each school district and accredited nonpublic school 2 shall give written notice to a student’s parent or guardian of 3 an examination or survey of the student required by state or 4 federal law that is designed to assess the student’s mental, 5 emotional, or physical health not less than seven days prior to 6 the examination or survey. The notice shall include a copy of 7 the examination or survey or a link to an internet site where 8 the parent or guardian may access the examination or survey. 9 c. This subsection shall not apply to a hearing or vision 10 examination. 11 2. This section shall not be construed to prohibit a school 12 district or accredited nonpublic school from conducting health 13 screenings or invasive physical examinations in emergent care 14 situations or from cooperating in a child abuse assessment 15 commenced in accordance with section 232.71B . 16 Sec. 33. Section 279.77, Code 2024, is amended to read as 17 follows: 18 279.77 Transparency —— publication of school district and 19 accredited nonpublic school information. 20 1. Each school district and accredited nonpublic school 21 shall publish all of the following information related to the 22 current school year on the school district’s or accredited 23 nonpublic school’s internet site: 24 a. A detailed explanation of the procedures or policies 25 in effect for the parent or guardian of a student enrolled in 26 the school district or accredited nonpublic school to request 27 the removal of a book, article, outline, handout, video, or 28 other educational material that is available to students in 29 the classroom or in a library operated by the school district 30 or accredited nonpublic school . Each school district and 31 accredited nonpublic school shall prominently display the 32 detailed explanation on the school district’s or accredited 33 nonpublic school’s internet site. 34 b. A detailed explanation of the procedures or policies in 35 -20- LSB 6082YH (4) 90 jda/jh 20/ 38
H.F. 2496 effect to request the review of decisions made by the board of 1 directors of the school district or the authorities in charge 2 of the accredited nonpublic school , including the petition 3 process established pursuant to section 279.8B . 4 2. The board of directors of each school district and the 5 authorities in charge of each accredited nonpublic school 6 shall adopt a policy describing the procedures for the parent 7 or guardian of a student enrolled in the school district or 8 accredited nonpublic school, or a resident of the school 9 district , to review the instructional materials used in 10 classrooms in the school district or accredited nonpublic 11 school . The policy shall include a process for a student’s 12 parent or guardian to request that the student not be provided 13 with certain instructional materials. The policy shall be 14 prominently displayed on the school district’s or accredited 15 nonpublic school’s internet site and the board of directors 16 of the school district or the authorities in charge of the 17 accredited nonpublic school shall, at least annually, provide 18 a written or electronic copy of the policy to the parent or 19 guardian of each student enrolled in the school district or 20 accredited nonpublic school . For purposes of this section , 21 “instructional materials” means either printed or electronic 22 textbooks and related core materials that are written and 23 published primarily for use in elementary school and secondary 24 school instruction and are required by a state educational 25 agency or local educational agency for use by students in the 26 student’s classes by the teacher of record. “Instructional 27 materials” does not include lesson plans. 28 3. Each school district and accredited nonpublic school 29 shall make available on the school district’s or accredited 30 nonpublic school’s internet site a comprehensive list of all 31 books available to students in libraries operated by the school 32 district or accredited nonpublic school . However, for school 33 years beginning prior to July 1, 2025, if the school district 34 or accredited nonpublic school does not use an electronic 35 -21- LSB 6082YH (4) 90 jda/jh 21/ 38
H.F. 2496 catalog, the school district or accredited nonpublic school may 1 request a waiver from this requirement from the department of 2 education. 3 4. The identity of a parent or guardian who requests the 4 removal of a book, article, outline, handout, video, or other 5 educational material that is available to students in the 6 classroom or in a library operated by the school district or 7 accredited nonpublic school pursuant to subsection 1 , paragraph 8 “a” , shall be confidential and shall not be a public record 9 subject to disclosure under chapter 22 . 10 5. This section shall not be construed to require a school 11 district or accredited nonpublic school to do any of the 12 following: 13 a. Reproduce educational materials that were not created 14 by a person employed by the board of directors of the school 15 district or the authorities in charge of the accredited 16 nonpublic school . 17 b. Distribute any educational materials in a manner that 18 would infringe on the intellectual property rights of any 19 person. 20 Sec. 34. Section 279.78, subsections 2, 3, and 4, Code 2024, 21 are amended to read as follows: 22 2. A school district or accredited nonpublic school 23 shall not knowingly give false or misleading information to 24 the parent or guardian of a student regarding the student’s 25 gender identity or intention to transition to a gender that 26 is different than the sex listed on a student’s official 27 birth certificate or certificate issued upon adoption if the 28 certificate was issued at or near the time of the student’s 29 birth. 30 3. If a student enrolled in a school district or accredited 31 nonpublic school requests an accommodation that is intended 32 to affirm the student’s gender identity from a licensed 33 practitioner employed by the school district or accredited 34 nonpublic school , including a request that the licensed 35 -22- LSB 6082YH (4) 90 jda/jh 22/ 38
H.F. 2496 practitioner address the student using a name or pronoun that 1 is different than the name or pronoun assigned to the student 2 in the school district’s or accredited nonpublic school’s 3 registration forms or records, the licensed practitioner shall 4 report the student’s request to an administrator employed 5 by the school district or accredited nonpublic school , and 6 the administrator shall report the student’s request to the 7 student’s parent or guardian. 8 4. If, after investigation, the department of education 9 determines that a school district or an accredited nonpublic 10 school, or an employee of a school district or an accredited 11 nonpublic school, has violated this section , the school 12 district , accredited nonpublic school, or employee of the 13 school district or accredited nonpublic school , as applicable, 14 shall be subject to the following: 15 a. For the first violation of this section , the department 16 of education shall issue a written warning to the board of 17 directors of the school district , the authorities in charge 18 of the accredited nonpublic school, or the employee, as 19 applicable. 20 b. (1) For a second or subsequent violation of this 21 section , if the department of education finds that a school 22 district or accredited nonpublic school knowingly violated 23 this section , the superintendent of the school district or the 24 authorities in charge of the accredited nonpublic school shall 25 be subject to a hearing conducted by the board of educational 26 examiners pursuant to section 256.146, subsection 13 , which may 27 result in disciplinary action. 28 (2) For a second or subsequent violation of this section , 29 if the department of education finds that an employee of 30 the school district or accredited nonpublic school who 31 holds a license, certificate, authorization, or statement 32 of recognition issued by the board of educational examiners 33 knowingly violated this section , the employee shall be subject 34 to a hearing conducted by the board of educational examiners 35 -23- LSB 6082YH (4) 90 jda/jh 23/ 38
H.F. 2496 pursuant to section 256.146, subsection 13 , which may result 1 in disciplinary action. 2 Sec. 35. Section 279.79, subsection 1, unnumbered paragraph 3 1, Code 2024, is amended to read as follows: 4 The board of directors of a school district and the 5 authorities in charge of an accredited nonpublic school must 6 receive the prior written consent of a student’s parent or 7 guardian before requiring a student to take part in any survey, 8 analysis, activity, or evaluation that reveals information 9 concerning any of the following about the student or the 10 student’s family, whether the information is personally 11 identifiable or not: 12 Sec. 36. Section 279.79, subsections 2 and 3, Code 2024, are 13 amended to read as follows: 14 2. An employee of a school district or an accredited 15 nonpublic school , or a contractor engaged by a school district 16 or an accredited nonpublic school , shall not answer any 17 question pertaining to any particular student enrolled in the 18 school district or accredited nonpublic school in any survey 19 related to the social or emotional abilities, competencies, or 20 characteristics of the student, unless the board of directors 21 of the school district or the authorities in charge of the 22 accredited nonpublic school satisfies all of the following 23 requirements: 24 a. The board of directors of the school district or the 25 authorities in charge of the accredited nonpublic school 26 provides to the parent or guardian of each student enrolled in 27 the school district or accredited nonpublic school detailed 28 information related to the survey, including the person 29 who created the survey, the person who sponsors the survey, 30 how information generated by the survey is used, and how 31 information generated by the survey is stored. 32 b. The board of directors of the school district or the 33 authorities in charge of the accredited nonpublic school 34 receives the written consent from a student’s parent or 35 -24- LSB 6082YH (4) 90 jda/jh 24/ 38
H.F. 2496 guardian authorizing the employee or contractor to answer 1 questions in the survey pertaining to the student. 2 3. Subsection 2 shall not be construed to prohibit an 3 employee of a school district or accredited nonpublic school , 4 or a contractor engaged by a school district or accredited 5 nonpublic school , from answering questions pertaining to 6 any particular student enrolled in the school district 7 or accredited nonpublic school as part of the process of 8 developing or implementing an individualized education program 9 for such student. 10 Sec. 37. Section 279.80, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. A school district or an accredited nonpublic school 13 shall not provide any program, curriculum, test, survey, 14 questionnaire, promotion, or instruction relating to gender 15 identity or sexual orientation to students in kindergarten 16 through grade six. 17 Sec. 38. Section 280.6, Code 2024, is amended to read as 18 follows: 19 280.6 Religious books. 20 Religious books such as the Bible, the Torah, and the Koran 21 shall not be excluded from any public school , nonpublic school, 22 or institution in the state, nor shall any child be required to 23 read such religious books contrary to the wishes of the child’s 24 parent or guardian. 25 Sec. 39. Section 280.8, Code 2024, is amended to read as 26 follows: 27 280.8 Special education. 28 The board of directors of each public school district and 29 the authorities in charge of each accredited nonpublic school 30 shall make adequate educational provisions for each resident 31 child or enrolled child, as applicable, requiring special 32 education appropriate to the nature and severity of the child’s 33 disability pursuant to rules promulgated by the department 34 under the provisions of chapters 256B and 273 . 35 -25- LSB 6082YH (4) 90 jda/jh 25/ 38
H.F. 2496 Sec. 40. Section 280.14, Code 2024, is amended to read as 1 follows: 2 280.14 School requirements —— administration. 3 1. The board or governing authority of each public school 4 or school district subject to the provisions of this chapter 5 and accredited nonpublic school shall establish and maintain 6 adequate administration, school staffing, personnel assignment 7 policies, teacher qualifications, certification requirements, 8 facilities, equipment, grounds, graduation requirements, 9 instructional requirements, instructional materials, 10 maintenance procedures, and policies on extracurricular 11 activities. In addition, the board or governing authority of 12 each public school or school district and accredited nonpublic 13 school shall provide such principals as it finds necessary 14 to provide effective supervision and administration for each 15 school and its faculty and student body. 16 2. An individual who is employed or contracted as a 17 superintendent by a public school or school district accredited 18 nonpublic school may also serve as an elementary or secondary 19 principal in the same public school or school district 20 accredited nonpublic school . 21 Sec. 41. Section 280.19, Code 2024, is amended to read as 22 follows: 23 280.19 At-risk children. 24 The board of directors of each public school district and the 25 authorities in charge of each accredited nonpublic school shall 26 incorporate, into the kindergarten admissions program, criteria 27 and procedures for identification and integration of at-risk 28 children and their developmental needs. 29 Sec. 42. Section 280.19A, subsections 1 and 2, Code 2024, 30 are amended to read as follows: 31 1. Each school district and nonpublic school shall adopt 32 a plan to provide alternative options education programs 33 to students who are either at risk of dropping out or have 34 dropped out. An alternative options education program may be 35 -26- LSB 6082YH (4) 90 jda/jh 26/ 38
H.F. 2496 provided in a nonpublic school, a district, through a sharing 1 agreement with a school in a contiguous district, or through 2 an areawide program available at the community college serving 3 the merged area in which the school district is located. Each 4 area education agency shall provide assistance in establishing 5 a plan to provide alternative education options to students 6 attending a public school or a nonpublic school in a district 7 served by the agency. 8 2. When a plan is developed, the district or nonpublic 9 school shall be responsible for the operation of the program 10 and shall reimburse the area education agency for the actual 11 costs incurred by the area education agency under this section . 12 Sec. 43. Section 280.20, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. It is the intent of the general assembly to encourage the 15 public and nonpublic secondary schools to develop comprehensive 16 programs for career and technical education in agriculture 17 technology to meet the diverse needs of Iowa’s students and to 18 ensure an adequate supply of trained and skilled individuals in 19 all phases of the agriculture industry. The board of directors 20 of each public school district and the authorities in charge of 21 each accredited nonpublic school may develop, as part of the 22 curriculum in grades nine through twelve, programs for career 23 and technical education in agriculture technology. 24 Sec. 44. Section 280.20, subsection 2, paragraph b, Code 25 2024, is amended to read as follows: 26 b. Supervision and accountability of career and technical 27 agriculture teachers employed for extended contracts are the 28 responsibility of the local school board or authorities in 29 charge of an accredited nonpublic school, as applicable . 30 Sec. 45. Section 280.21A, subsection 1, paragraph a, 31 unnumbered paragraph 1, Code 2024, is amended to read as 32 follows: 33 A school employee who, in the course of employment, suffers 34 a personal injury causing temporary total disability, or a 35 -27- LSB 6082YH (4) 90 jda/jh 27/ 38
H.F. 2496 permanent partial or total disability, resulting from an 1 episode of violence toward that employee, for which workers’ 2 compensation under chapter 85 is payable, shall be entitled to 3 receive workers’ compensation, which the district or nonpublic 4 school shall supplement in order for the employee to receive 5 full salary and benefits for the shortest of the following 6 periods: 7 Sec. 46. Section 280.21A, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. The school district or nonpublic school may require 10 the employee, as a condition of receiving benefits under this 11 section , to provide a signed statement that justifies the 12 use of this leave and, if medical attention is required, a 13 certificate from a licensed physician that states the nature 14 and duration of the leave. 15 Sec. 47. Section 280.22, subsections 1, 4, 6, 7, and 9, Code 16 2024, are amended to read as follows: 17 1. Except as limited by this section , students of the public 18 schools and accredited nonpublic schools have the right to 19 exercise freedom of speech, including the right of expression 20 in official school publications. 21 4. Each board of directors of a public school and the 22 authorities in charge of each accredited nonpublic school shall 23 adopt rules in the form of a written publications code, which 24 shall include reasonable provisions for the time, place, and 25 manner of conducting such activities within its jurisdiction. 26 The code shall incorporate all of the provisions of this 27 section . The board and the authorities shall make the code 28 available to the students and their parents. 29 6. Any expression made by students in the exercise of 30 free speech, including student expression in official school 31 publications, shall not be deemed to be an expression of school 32 policy, and the public school district or the accredited 33 nonpublic school, and school employees or officials , shall 34 not be liable in any civil or criminal action for any student 35 -28- LSB 6082YH (4) 90 jda/jh 28/ 38
H.F. 2496 expression made or published by students, unless the school 1 employees or officials have interfered with or altered the 2 content of the student speech or expression, and then only to 3 the extent of the interference or alteration of the speech or 4 expression. 5 7. A public school or accredited nonpublic school 6 employee or official, acting within the scope of the person’s 7 professional ethics, if any, shall not be dismissed, suspended, 8 disciplined, reassigned, transferred, subject to termination or 9 nonrenewal of a teaching contract issued under section 279.13 10 or an extracurricular contract issued under section 279.19A , or 11 otherwise retaliated against for acting to protect a student 12 for engaging in conduct authorized under this section , or 13 refusing to infringe upon student conduct that is protected by 14 this section , the first amendment to the Constitution of the 15 United States, or Article I, section 7, of the Constitution of 16 the State of Iowa. 17 9. This section does not prohibit a board of directors of 18 a public school or the authorities in charge of an accredited 19 nonpublic school from adopting otherwise valid rules relating 20 to oral communications by students upon the premises of each 21 school. 22 Sec. 48. Section 280.32, subsections 2, 3, and 4, Code 2024, 23 are amended to read as follows: 24 2. The board of directors of each public school district 25 and the authorities in charge of each accredited nonpublic 26 school shall establish a radon plan and schedule for short-term 27 tests for radon gas to be performed at each attendance center 28 under its control at least once by July 1, 2027, and at least 29 once every five years thereafter. Each school district and 30 accredited nonpublic school shall publish testing results on 31 the district’s or accredited nonpublic school’s internet site 32 in a timely manner. 33 3. Radon testing pursuant to this section conducted on and 34 after July 1, 2022, shall be conducted by a person certified to 35 -29- LSB 6082YH (4) 90 jda/jh 29/ 38
H.F. 2496 conduct such testing pursuant to section 136B.1 or by district 1 or accredited nonpublic school employees that have completed 2 a school radon testing training program approved by the 3 department of education and the department of health and human 4 services. District or accredited nonpublic school employees 5 that have completed training shall not perform testing services 6 in locations other than the employee’s employing district or 7 accredited nonpublic school . The department of health and 8 human services shall maintain and make available to school 9 districts and accredited nonpublic schools a list of such 10 approved school radon testing training programs. Testing shall 11 be based on recognized national standards that outline school 12 radon testing practices. 13 4. a. If the results of a short-term test at an attendance 14 center are at or above four picocuries per liter, the board 15 of directors of the public school district or the authorities 16 in charge of the accredited nonpublic school shall conduct a 17 second short-term test for radon gas and radon decay products 18 in the spaces with elevated results within sixty days of the 19 first test. 20 b. If the averaged results of the first and second tests at 21 an attendance center pursuant to paragraph “a” are at or above 22 four picocuries per liter, the board of directors of the public 23 school district or the authorities in charge of the accredited 24 nonpublic school shall retain or employ a person credentialed 25 pursuant to section 136B.1 to develop a radon mitigation 26 plan that may include further diagnostic testing, corrective 27 measures, and active mitigation. The board or the authorities 28 shall complete the radon mitigation plan within two years of 29 the first test. A district or accredited nonpublic school 30 is not required to mitigate radon at an attendance center if 31 the district or accredited nonpublic school intends to abandon 32 the building within five years or has a plan to renovate the 33 attendance center within five years and the renovation will 34 include radon mitigation. 35 -30- LSB 6082YH (4) 90 jda/jh 30/ 38
H.F. 2496 Sec. 49. Section 282.3, subsection 1, Code 2024, is amended 1 to read as follows: 2 1. The board may exclude from school children under the 3 age of six years when in its judgment such children are not 4 sufficiently mature to be benefited by regular instruction, or 5 any child who is found to be physically or mentally unable to 6 attend school under section 299.5 , or whose presence in school 7 has been found to be injurious to the health of other pupils, 8 or is efficiently taught for the scholastic year at a state 9 institution. However, the board or the authorities in charge 10 of an accredited nonpublic school, as applicable, shall provide 11 special education programs and services under chapters 256B , 12 257 , and 273 for all children requiring special education. 13 Sec. 50. Section 282.9, Code 2024, is amended to read as 14 follows: 15 282.9 Enrollment of person listed on sex offender registry. 16 1. Notwithstanding sections 256E.7 , 256F.4 , 275.55A , and 17 282.18 , or any other provision to the contrary, prior to 18 knowingly enrolling an individual who is required to register 19 as a sex offender under chapter 692A , but who is otherwise 20 eligible to enroll in a public school or an accredited 21 nonpublic school , the board of directors of a school district 22 or the authorities in charge of an accredited nonpublic school 23 shall determine the educational placement of the individual. 24 Upon receipt of notice that a student who is enrolled in the 25 district or accredited nonpublic school is required to register 26 as a sex offender under chapter 692A , the board of directors 27 of the school district or the authorities in charge of the 28 accredited nonpublic school shall determine the educational 29 placement of the student. The tentative agenda for the meeting 30 of the board of directors at which the board will consider such 31 enrollment or educational placement shall specifically state 32 that the board is considering the enrollment or educational 33 placement of an individual who is required to register as a 34 sex offender under chapter 692A . If the individual is denied 35 -31- LSB 6082YH (4) 90 jda/jh 31/ 38
H.F. 2496 enrollment in a school district or an accredited nonpublic 1 school under this section , the school district of residence or 2 the accredited nonpublic school, as applicable, shall provide 3 the individual with educational services in an alternative 4 setting. 5 2. Notwithstanding section 692A.121 , or any other provision 6 of law to the contrary, the county sheriff shall provide to 7 the boards of directors of the school districts located within 8 the county and to the authorities in charge of the accredited 9 nonpublic schools in the county the name of any individual 10 under the age of twenty-one who is required to register as a 11 sex offender under chapter 692A . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill modifies provisions related to the 16 responsibilities of nonpublic schools. 17 Current law provides that the standards established in Code 18 section 256.11(4) related to career exploration and development 19 in grades seven and eight shall not apply to the teaching 20 of career exploration and development in nonpublic schools. 21 The bill strikes this provision. Additionally, current 22 law provides that the standards established in Code section 23 256.11(5)(h) related to career and technical education in 24 grades 9 through 12 shall not apply to the teaching of career 25 and technical education in nonpublic schools. The bill strikes 26 this provision. 27 The bill requires accredited nonpublic schools to adopt 28 rules prohibiting the use of tobacco and the use or possession 29 of certain types of alcohol or any controlled substance by any 30 student. The bill authorizes the accredited nonpublic school 31 to suspend or expel a student for a violation of such a rule. 32 The bill requires accredited nonpublic schools to adopt 33 rules requiring that, once school officials have been notified 34 by a juvenile court officer that a student attending the school 35 -32- LSB 6082YH (4) 90 jda/jh 32/ 38
H.F. 2496 is under supervision or has been placed on probation, school 1 officials are required to notify the juvenile court of each 2 unexcused absence or suspension or expulsion of the student. 3 Current law imposes restrictions on the ability of a school 4 district to take disciplinary actions against an employee or 5 contractor for disclosing certain specified information to any 6 public official or law enforcement agency. The bill imposes 7 these same restrictions on accredited nonpublic schools. 8 The bill authorizes accredited nonpublic schools to employ 9 for head coach of any interscholastic athletic activity, or for 10 assistant coach of any interscholastic athletic activity, an 11 individual who possesses a coaching authorization issued by 12 the board of educational examiners or who possesses a teaching 13 license with a coaching endorsement. 14 The bill authorizes accredited nonpublic schools to employ 15 principals in the same manner as school districts. The bill 16 also requires a principal employed by an accredited nonpublic 17 school to hold a current valid principal’s certificate. 18 Current Code section 279.40 grants minimum amounts of sick 19 leave to public school employees. The bill grants these same 20 minimum amounts of sick leave to employees of accredited 21 nonpublic schools under the same conditions as sick leave 22 granted to public school employees. 23 Current Code section 279.50 requires school districts 24 to provide certain specified human growth and development 25 instruction to students enrolled in kindergarten through grade 26 12, and imposes other requirements related to such instruction. 27 The bill requires accredited nonpublic schools to provide the 28 same instruction and follow the same requirements. 29 The bill requires accredited nonpublic schools to adopt 30 policies for different grade levels that describe how an 31 accredited nonpublic school may discipline a student for making 32 a threat of violence or causing an incident of violence that 33 results in injury or property damage or assault. The bill 34 establishes requirements related to such policy. 35 -33- LSB 6082YH (4) 90 jda/jh 33/ 38
H.F. 2496 Current Code section 279.68 imposes responsibilities on 1 school districts related to assessing students to determine 2 levels of reading readiness and providing intensive reading 3 instruction. The bill imposes these same responsibilities on 4 accredited nonpublic schools. 5 The bill provides that accredited nonpublic schools are 6 to require licensed personnel who have regular contact with 7 students to undergo training related to suicide prevention and 8 postvention, the training related to identification of adverse 9 childhood experiences, and strategies to mitigate toxic stress. 10 The bill requires accredited nonpublic schools that issue 11 identification cards to students in grades 7 through 12 to 12 include on the card the crisis hotline telephone and text 13 numbers and the internet address for your life Iowa or the 14 your life Iowa successor program. The bill also authorizes 15 accredited nonpublic schools that issue identification cards 16 to students in grades five and six to include on the card the 17 crisis hotline telephone and text numbers and the internet 18 address for your life Iowa or the your life Iowa successor 19 program. 20 Current Code section 279.71 imposes on school districts 21 certain requirements related to student online personal 22 information protection. The bill imposes these same 23 requirements on accredited nonpublic schools. 24 The bill requires certain specified licensed accredited 25 nonpublic school employees who are employed by an accredited 26 nonpublic school after July 1, 2024, to complete the Iowa 27 reading research center dyslexia overview module within one 28 year of the employee’s initial date of hire. 29 The bill requires accredited nonpublic schools to protect 30 the intellectual freedom of the school’s students and 31 practitioners and to establish and publicize policies that 32 protect students and faculty from discrimination based on 33 speech. The bill also provides that if an accredited nonpublic 34 school or a court finds that certain specified employees of the 35 -34- LSB 6082YH (4) 90 jda/jh 34/ 38
H.F. 2496 accredited nonpublic school discriminated against a student or 1 employee in violation of this provision, the employee found to 2 be in violation shall be subject to a hearing conducted by the 3 board of educational examiners. 4 Current Code section 279.74 imposes certain responsibilities 5 and prohibitions on school districts related to training and 6 curriculum that includes race or sex scapegoating, race or sex 7 stereotyping, or specific defined concepts. The bill imposes 8 these same responsibilities and prohibitions on accredited 9 nonpublic schools. 10 The bill prohibits accredited nonpublic schools from 11 conducting an invasive physical examination of a student, a 12 student health screening that is not required by law, or a 13 formal examination or survey of a student that is designed 14 to assess the student’s health that is not required by law, 15 without first acquiring the written consent of the student’s 16 parent or guardian. The bill also requires accredited 17 nonpublic schools to give written notice to a student’s parent 18 or guardian of an examination of the student required by law 19 that is designed to assess the student’s health not less than 20 seven days prior to the examination or survey. 21 Current Code section 279.77 requires school districts 22 to publish certain specified information on the school 23 district’s internet site and adopt policies related to the 24 review of instructional materials. The bill imposes the same 25 responsibilities on accredited nonpublic schools. 26 Current Code section 279.78 imposes certain responsibilities 27 and prohibitions on school districts related to the gender 28 identity of students enrolled in the school district. The 29 bill imposes the same responsibilities and prohibitions on 30 accredited nonpublic schools. 31 The bill requires an accredited nonpublic school to receive 32 the prior written consent of a student’s parent or guardian 33 before requiring a student to take part in certain specified 34 evaluations. The bill prohibits an employee or contractor of 35 -35- LSB 6082YH (4) 90 jda/jh 35/ 38
H.F. 2496 an accredited nonpublic school from answering any question 1 pertaining to any particular student enrolled in the school 2 in any survey related to the social or emotional abilities, 3 competencies, or characteristics of the student, unless the 4 school satisfies certain specified requirements. 5 The bill prohibits an accredited nonpublic school from 6 providing any program, curriculum, test, survey, questionnaire, 7 promotion, or instruction relating to gender identity or sexual 8 orientation to students in kindergarten through grade six. The 9 bill makes conforming changes. 10 The bill provides that religious books shall not be excluded 11 from a nonpublic school. 12 The bill requires accredited nonpublic schools to make 13 adequate educational provisions for each enrolled child who 14 requires special education that is appropriate to the nature 15 and severity of the child’s disability. The bill makes 16 conforming changes. 17 The bill requires accredited nonpublic schools to establish 18 and maintain adequate administration, school staffing, 19 personnel assignment policies, teacher qualifications, 20 certification requirements, facilities, equipment, grounds, 21 graduation requirements, instructional requirements, 22 instructional materials, maintenance procedures, and policies 23 on extracurricular activities. The bill authorizes an 24 individual employed or contracted by an accredited nonpublic 25 school to serve as an elementary or secondary principal in the 26 same accredited nonpublic school. 27 The bill requires accredited nonpublic schools to 28 incorporate, into the kindergarten admissions program, criteria 29 and procedures for identification and integration of at-risk 30 children and their developmental needs. 31 Current Code section 280.19A imposes certain requirements 32 on school districts related to alternative options education 33 programs for students who are either at risk of dropping out or 34 have dropped out. The bill imposes the same requirements on 35 -36- LSB 6082YH (4) 90 jda/jh 36/ 38
H.F. 2496 accredited nonpublic schools. 1 The bill authorizes accredited nonpublic schools to develop, 2 as part of the curriculum in grades 9 through 12, programs for 3 career and technical education in agriculture technology. The 4 bill provides that supervision and accountability of career and 5 technical agriculture teachers employed for extended contracts 6 are the responsibility of the accredited nonpublic school. 7 The bill provides that accredited nonpublic school employees 8 who, in the course of employment, suffer permanent partial or 9 total disability, resulting from an episode of violence, for 10 which workers’ compensation is payable, shall be entitled to 11 receive workers’ compensation, which the nonpublic school shall 12 supplement. The bill also provides that a nonpublic school 13 may require the employee to provide a signed statement that 14 justifies the use of this leave and, if medical attention is 15 required, a certificate from a licensed physician that states 16 the nature and duration of the leave. 17 Current Code section 280.22 provides that students of public 18 schools have the right to exercise freedom of speech, including 19 the right of expression in official school publications, 20 subject to the limits contained in that Code section. The 21 bill modifies Code section 280.22 to provide that students of 22 accredited nonpublic schools have the same rights. 23 The bill requires accredited nonpublic schools to establish 24 a radon plan and schedule for short-term tests for radon gas to 25 be performed at each attendance center at least once by July 1, 26 2027, and at least once every five years thereafter. The bill 27 also requires accredited nonpublic schools to publish testing 28 results on the school’s internet site in a timely manner. The 29 bill imposes other responsibilities on accredited nonpublic 30 schools related to testing for radon gas. 31 The bill provides that, prior to knowingly enrolling an 32 individual who is required to register as a sex offender, 33 an accredited nonpublic school is required to determine 34 the educational placement of the individual. The bill also 35 -37- LSB 6082YH (4) 90 jda/jh 37/ 38
H.F. 2496 provides that if the individual is denied enrollment in an 1 accredited nonpublic school, the school shall provide the 2 individual with educational services in an alternative setting. 3 The bill requires the county sheriff to provide accredited 4 nonpublic schools in the county the name of any individual 5 under the age of 21 who is required to register as a sex 6 offender. 7 -38- LSB 6082YH (4) 90 jda/jh 38/ 38