House File 370 - Introduced HOUSE FILE 370 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 118) A BILL FOR An Act relating to entities supported in whole or in part by 1 public moneys, including the sale of public bonds, the 2 duties and responsibilities of the directors and officers 3 of school boards, school districts, the department of 4 education, the department of health and human services, 5 accredited nonpublic schools, charter schools, community 6 colleges, institutions under the control of the state board 7 of regents, area education agencies, election commissioners 8 and children’s residential facilities, and the membership 9 and voting units of county and city conference boards. 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 11 TLSB 1669HV (3) 90 jda/jh
H.F. 370 DIVISION I 1 BOND SALES 2 Section 1. Section 75.2, Code 2023, 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 or in 19 a newspaper located in the county or a county contiguous to the 20 place of sale . 21 Sec. 2. Section 75.14, Code 2023, is amended to read as 22 follows: 23 75.14 Electronic bidding. 24 Notwithstanding contrary provisions of this chapter , 25 including section 75.3, a public body authorized to issue 26 bonds, notes, or other obligations may elect to receive bids to 27 purchase such bonds, notes, or other obligations by means of 28 electronic, internet , or wireless communication; a proprietary 29 bidding procedure or system; or by facsimile transmission 30 to a location deemed appropriate by the governing body, in 31 each instance as may be approved by the governing body and 32 provided for in the notice of sale. An electronic bid shall 33 be submitted in substantial conformity with the requirements 34 of chapter 554D and any rules adopted pursuant to that chapter 35 -1- LSB 1669HV (3) 90 jda/jh 1/ 25
H.F. 370 with respect to the acceptance of electronic records by a 1 governmental agency. Additionally, before approving the use 2 of an electronic bidding procedure, the public body shall find 3 and determine that the specific procedure to be used will 4 provide reasonable security and maintain the integrity of 5 the competitive bidding process, and facilitate the delivery 6 of bids by interested parties under the circumstances of the 7 particular sale. 8 DIVISION II 9 SCHOOL BOARD AND OFFICERS —— DUTIES AND RESPONSIBILITIES 10 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended 11 to read as follows: 12 9. Beginning July 1, 2006, each A school district shall 13 have a qualified teacher librarian who shall be licensed by the 14 board of educational examiners under chapter 272 . The state 15 board shall establish in rule a definition of and standards for 16 an articulated sequential kindergarten through grade twelve 17 media program. A school district that entered into a contract 18 with an individual for employment as a media specialist or 19 librarian prior to June 1, 2006, shall be considered to be 20 in compliance with this subsection until June 30, 2011, if 21 the individual is making annual progress toward meeting the 22 requirements for a teacher librarian endorsement issued by the 23 board of educational examiners under chapter 272 . A school 24 district that entered into a contract with an individual for 25 employment as a media specialist or librarian who holds at 26 least a master’s degree in library and information studies 27 shall be considered to be in compliance with this subsection 28 until the individual leaves the employ of the school district. 29 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023, 30 is amended to read as follows: 31 a. Except as provided in paragraph “b” and subsection 32 2 , vacancies occurring among the officers or members of a 33 school board shall be filled by the board by appointment. A 34 person so appointed to fill a vacancy in an elective office 35 -2- LSB 1669HV (3) 90 jda/jh 2/ 25
H.F. 370 shall hold office until a successor is elected and qualified 1 at the next regular school election, unless there is an 2 intervening special election for the school district, in which 3 event a successor shall be elected at the intervening special 4 election, in accordance with section 69.12 . To fill a vacancy 5 occurring among the members of a school board, the board shall 6 publish notice on the board’s internet site and in the manner 7 prescribed by section 279.36 , stating that the board intends to 8 fill the vacancy by appointment but that the electors of the 9 school district have the right to file a petition requiring 10 that the vacancy be filled by a special election conducted 11 pursuant to section 279.7 . The board may publish notice in 12 advance if a member of the board submits a resignation to take 13 effect at a future date. The board may make an appointment to 14 fill the vacancy after the notice is published or after the 15 vacancy occurs, whichever is later. 16 Sec. 5. Section 279.8, subsection 1, Code 2023, is amended 17 to read as follows: 18 1. The board shall make rules for its own government and 19 that of the directors, officers, employees, teachers and 20 pupils, and for the care of the schoolhouse, grounds, and 21 property of the school corporation, and shall aid in the 22 enforcement of the rules, and require the performance of duties 23 imposed by law and the rules. The board shall include in its 24 rules provisions regulating the loading and unloading of pupils 25 from a school bus stopped on the highway during a period of 26 reduced highway visibility caused by fog, snow or other weather 27 conditions. The board shall have the authority to include in 28 its rules provisions allowing school corporation employees to 29 use school credit cards to pay for the actual and necessary 30 expenses incurred in the performance of work-related duties. 31 Sec. 6. Section 279.20, subsection 2, Code 2023, is amended 32 to read as follows: 33 2. The board of directors of a school district may delegate 34 the authority to hire support personnel and sign the support 35 -3- LSB 1669HV (3) 90 jda/jh 3/ 25
H.F. 370 personnel employment contracts, if applicable, if the board 1 adopts a policy authorizing the superintendent to perform 2 such duties and specifying the positions the superintendent 3 is authorized to fill. The board of directors of a school 4 district and the superintendent, if authorized pursuant to 5 this subsection, may use electronic signatures and electronic 6 contracts pursuant to chapter 554D and facsimile signatures 7 when entering into the contracts described in this subsection. 8 For purposes of this subsection , the term “support personnel” 9 includes , but is not limited to , bus drivers, custodians, 10 educational associates, and clerical and food service 11 employees. 12 Sec. 7. Section 279.69, subsection 1, Code 2023, is amended 13 to read as follows: 14 1. Prior to hiring an applicant for a school employee 15 position, a school district shall have access to and shall 16 review the information in the Iowa court information system 17 available to the general public, the sex offender registry 18 information under section 692A.121 available to the general 19 public, the central registry for child abuse information 20 established under section 235A.14 , and the central registry for 21 dependent adult abuse information established under section 22 235B.5 for information regarding the applicant. A school 23 district shall follow the same procedure by June 30, 2014, for 24 each school employee employed by the school district as of July 25 1, 2013. A school district shall implement a consistent policy 26 to follow the same procedure for each school employee employed 27 by the school district on or after July 1, 2013, at least every 28 five years after the school employee’s initial date of hire. A 29 school district shall not may charge an employee for the cost 30 of the registry checks conducted pursuant to this subsection , 31 not to exceed the actual cost of the registry checks . A school 32 district shall maintain documentation demonstrating compliance 33 with this subsection . 34 Sec. 8. Section 280.5, subsection 2, Code 2023, is amended 35 -4- LSB 1669HV (3) 90 jda/jh 4/ 25
H.F. 370 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. 9. Section 291.1, Code 2023, 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 Sec. 10. Section 291.4, Code 2023, is amended to read as 27 follows: 28 291.4 Oath. 29 Each shall take the oath required of civil officers , which 30 shall be endorsed upon the bond, and shall complete the 31 qualification within ten days. 32 DIVISION III 33 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH 34 Sec. 11. Section 8A.318, subsections 1 and 3, Code 2023, are 35 -5- LSB 1669HV (3) 90 jda/jh 5/ 25
H.F. 370 amended to read as follows: 1 1. Findings and intent. The general assembly finds that 2 human beings are vulnerable to and may be severely affected by 3 exposure to chemicals, hazardous waste, and other environmental 4 hazards. The federal environmental protection agency estimates 5 that human exposure to indoor air pollutants can be two to 6 five times, and up to one hundred times, higher than outdoor 7 levels. Children, teachers, janitors, and other staff members 8 spend a significant amount of time inside school buildings. 9 Likewise, state State employees and citizens of this state 10 spend a significant amount of time inside state buildings. 11 These individuals are continuously exposed to chemicals from 12 cleaners, waxes, deodorizers, and other maintenance products. 13 3. Use of environmentally preferable cleaning and maintenance 14 products. 15 a. All school districts in this state, community colleges, 16 institutions under the control of the state board of regents, 17 and state agencies utilizing state buildings , are encouraged 18 to conform to an environmentally preferable cleaning policy 19 designed to facilitate the purchase and use of environmentally 20 preferable cleaning and maintenance products for purposes of 21 public school, community college, regents institution, and 22 state building cleaning and maintenance. 23 b. Each school district, community college, institution 24 under the control of the state board of regents, or state 25 agency utilizing public buildings shall conduct an evaluation 26 and assessment regarding implementation of an environmentally 27 preferable cleaning policy pursuant to this section . On or 28 after July 1, 2012, all All state agencies , and all school 29 districts, community colleges, and institutions under the 30 control of the state board of regents which have not opted 31 out of compliance pursuant to paragraph “c” , shall purchase 32 only cleaning and maintenance products identified by the 33 department or that meet nationally recognized standards. 34 School districts, community colleges, institutions under the 35 -6- LSB 1669HV (3) 90 jda/jh 6/ 25
H.F. 370 control of the state board of regents, and state State agencies 1 procuring supplies for schools and state buildings may deplete 2 their existing cleaning and maintenance supply stocks and 3 implement the new requirements in the procurement cycle for 4 the following year. This section shall not be interpreted 5 in a manner that prohibits the use of disinfectants, 6 disinfecting cleaners, sanitizers, or any other antimicrobial 7 product regulated by the federal Insecticide, Fungicide, 8 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary 9 to protect public health and provided that the use of these 10 products is in accordance with responsible cleaning procedure 11 requirements. 12 c. A school district, community college, or institution 13 under the control of the state board of regents may, based upon 14 the evaluation and assessment conducted pursuant to paragraph 15 “b” , opt out of compliance with the requirements of this section 16 upon the affirmative vote of a majority of the members of the 17 board of directors of the school district or a determination by 18 the president of the community college or by the president or 19 administrative officer of the regents institution. A school 20 district, community college, or regents institution opting 21 out of compliance pursuant to this paragraph shall notify the 22 department of education, the state board of education, or the 23 state board of regents, as appropriate, of this decision. 24 Sec. 12. Section 256.11, subsection 9B, Code 2023, is 25 amended to read as follows: 26 9B. Beginning July 1, 2007, each A school district shall 27 have a school nurse to provide health services to its students. 28 Each school district shall work toward the goal of having one 29 school nurse for every seven hundred fifty students enrolled in 30 the school district. For purposes of this subsection , “school 31 nurse” means a person who holds an endorsement or a statement of 32 professional recognition for school nurses issued by the board 33 of educational examiners under chapter 272 . 34 Sec. 13. Section 280.7A, subsection 1, Code 2023, is amended 35 -7- LSB 1669HV (3) 90 jda/jh 7/ 25
H.F. 370 by striking the subsection. 1 Sec. 14. DEPARTMENT OF EDUCATION —— HEALTH CARE-RELATED 2 TRAINING FOR SCHOOL PERSONNEL WORK GROUP. 3 1. The department of education shall convene and provide 4 administrative support to a health care-related training 5 for school personnel work group. The work group shall 6 review and develop a plan to ensure Iowa educators have the 7 health care training necessary to perform their duties and 8 responsibilities, and shall consider and submit recommendations 9 for delivery and implementation of training required under 10 state law or rule. 11 2. The work group shall include all of the following: 12 a. (1) Two members who are staff members from the 13 department of education, one of whom shall be an administrative 14 consultant in the bureau of nutrition and health services. 15 A member appointed under this subparagraph shall coordinate 16 the work group and act as chairperson for the organizational 17 meeting. 18 (2) One member who is a staff member from the Iowa 19 department of health and human services. 20 b. Members who shall represent each of the following: 21 (1) One member from a statewide organization representing 22 teachers. 23 (2) One member from a statewide organization representing 24 school board members. 25 (3) One member from a statewide organization representing 26 school administrators. 27 (4) One member from a statewide organization representing 28 authorities in charge of accredited nonpublic schools. 29 (5) One member representing the area education agencies. 30 (6) One member from a statewide organization representing 31 physicians. 32 (7) One member from a statewide organization representing 33 athletic trainers. 34 (8) One member from a statewide organization representing 35 -8- LSB 1669HV (3) 90 jda/jh 8/ 25
H.F. 370 emergency management services. 1 (9) One member from a statewide organization representing 2 health care organizations. 3 (10) One member from a statewide organization representing 4 school nurses. 5 3. Any expenses incurred by a member of the work group 6 shall be the responsibility of the individual member or the 7 respective entity represented by the member. 8 4. The director of the department of education or the 9 director’s designee shall compile and provide to the work group 10 a list of, and the purposes for, the health care training 11 programs that school personnel are required to complete, as 12 well as any requirements school personnel must meet following 13 such training, in order be in compliance with state law or 14 administrative rule. 15 5. The work group shall do all of the following: 16 a. Identify which trainings can be best provided over the 17 internet, and how such training can be rotated on a five-year 18 basis for school personnel. 19 b. Develop a plan for a regular cycle of health care-related 20 training for school personnel review, with the goal of removing 21 or modifying training or training programs that are no longer 22 relevant, and identifying less costly and more efficient 23 options that still provide the appropriate level of training to 24 school personnel. 25 c. Standardize the process of establishing new training 26 requirements in state law or rule to manage stakeholder 27 expectations relating to the timeline for establishing the 28 requirements. 29 d. Create an ongoing review process to find efficiencies, 30 identify training options that better utilize time and 31 financial resources, and offer a continuous improvement model 32 for the system moving forward. 33 e. Study and make any recommended changes on rules adopted 34 by the state board of education under 281 IAC ch. 14, relating 35 -9- LSB 1669HV (3) 90 jda/jh 9/ 25
H.F. 370 to individual health plans prepared for students with various 1 health conditions. 2 f. Ensure a public comment process for patient advocacy 3 groups and parents to provide input on the recommendations of 4 the work group. 5 6. If the work group recommends elimination or significant 6 modification of certain health care-related training for 7 school personnel, the department of education shall identify 8 stakeholders who would potentially be affected by such 9 change, and shall invite representatives from organizations 10 representing such stakeholders to submit comments before or 11 at an upcoming work group meeting before the work group makes 12 final recommendations. 13 7. The department of education shall compile the work 14 group’s findings and recommendations and shall submit the 15 compilation, including any proposal for legislation, in a 16 report to the general assembly, the governor, and the state 17 board of education by December 1, 2023. 18 DIVISION IV 19 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 20 Sec. 15. Section 423F.3, subsections 2 and 4, Code 2023, are 21 amended to read as follows: 22 2. A revenue purpose statement in existence for the 23 expenditure of local sales and services tax for school 24 infrastructure purposes imposed by a county pursuant to 25 section 423E.2 , Code Supplement 2007, prior to July 1, 2008, 26 shall remain in effect until amended or extended. The board 27 of directors of a school district may take action to adopt 28 or amend a revenue purpose statement specifying the specific 29 purposes for which the revenues received from the secure an 30 advanced vision for education fund will be expended. If a 31 school district is located in a county which has imposed a 32 local sales and services tax for school infrastructure purposes 33 prior to July 1, 2008, this action shall be taken before 34 expending or anticipating revenues to be received after the 35 -10- LSB 1669HV (3) 90 jda/jh 10/ 25
H.F. 370 unextended term of the tax unless the school district elects to 1 adopt a revenue purpose statement as provided in subsection 3 . 2 4. The revenues received pursuant to this chapter shall 3 be expended for the purposes specified in the revenue purpose 4 statement. If a board of directors has not approved a revenue 5 purpose statement, the revenues shall be expended in the order 6 listed in subsection 1 except that the payment of bonds for 7 which the revenues have been pledged shall be paid first. 8 Once approved, a revenue purpose statement is effective until 9 amended or repealed by the foregoing procedures. A revenue 10 purpose statement shall not be amended or repealed to reduce 11 the amount of revenue pledged to the payment of principal and 12 interest on bonds as long as any bonds authorized by sections 13 423E.5 and 423F.4 are outstanding unless funds sufficient 14 to pay principal, interest, and premium, if any, on the 15 outstanding obligations at or prior to maturity have been 16 properly set aside and pledged for that purpose. A school 17 district affected by a reorganization under chapter 275 that 18 has issued bonds under section 423E.5 or 423F.4 and that has 19 not approved a revenue purpose statement shall first use 20 revenues to make timely and sufficient payment of principal and 21 interest, and premium if applicable, on the outstanding bonds. 22 Sec. 16. Section 423F.3, subsection 3, paragraph c, Code 23 2023, is amended by striking the paragraph. 24 Sec. 17. Section 423F.3, subsection 3, paragraph d, Code 25 2023, is amended to read as follows: 26 d. The board secretary shall notify the county commissioner 27 of elections of the intent to take an issue to the voters 28 pursuant to paragraph “b” or “c” . The county commissioner of 29 elections shall publish the notices required by law for special 30 or general elections, and the election shall be held on a date 31 specified in section 39.2, subsection 4 , paragraph “c” . A 32 majority of those voting on the question must favor approval 33 of the revenue purpose statement. If the proposal is not 34 approved, the school district shall not submit the same or new 35 -11- LSB 1669HV (3) 90 jda/jh 11/ 25
H.F. 370 revenue purpose statement to the electors for a period of six 1 months from the date of the previous election. 2 Sec. 18. Section 423F.3, subsection 6, paragraph a, 3 subparagraph (1), Code 2023, is amended to read as follows: 4 (1) For purposes of this chapter , “school infrastructure” 5 means those activities authorized in section 423E.1, subsection 6 3 , Code 2007 for which a school district is authorized to 7 contract indebtedness and issue general obligation bonds under 8 section 296.1, except those activities related to a teacher’s 9 or superintendent’s home or homes . 10 Sec. 19. Section 423F.3, subsection 6, paragraph a, Code 11 2023, is amended by adding the following new subparagraphs: 12 NEW SUBPARAGRAPH . (5) Additionally, “school infrastructure” 13 includes the construction, reconstruction, repair, demolition 14 work, purchasing, or remodeling of schoolhouses, stadiums, 15 gymnasiums, fieldhouses, and school bus garages, the 16 procurement of schoolhouse construction sites, the making of 17 site improvements, and those activities for which revenues 18 under section 298.3 or chapter 300 may be spent. 19 NEW SUBPARAGRAPH . (6) Additionally, “school infrastructure” 20 includes a joint infrastructure project with one or more school 21 districts or one or more school districts and a community 22 college established under chapter 260C, for which buildings 23 or facilities are constructed or leased for the purpose of 24 offering classes under a district-to-community college sharing 25 agreement or concurrent enrollment program that meets the 26 requirements for funding under section 257.11, subsection 3. 27 Sec. 20. Section 423F.4, Code 2023, is amended to read as 28 follows: 29 423F.4 Borrowing authority for school districts. 30 1. Subject to the conditions established under subsection 31 2 , a school district may anticipate its share of the revenues 32 under section 423F.2 by issuing bonds in the manner provided 33 in section 423E.5 , Code 2019 this section . However, to the 34 extent any school district has issued bonds anticipating the 35 -12- LSB 1669HV (3) 90 jda/jh 12/ 25
H.F. 370 proceeds of an extended local sales and services tax for school 1 infrastructure purposes imposed by a county pursuant to former 2 chapter 423E , Code and Code Supplement 2007, prior to July 1, 3 2008, the pledge of such revenues for the payment of principal 4 and interest on such bonds shall be replaced by a pledge of its 5 share of the revenues under section 423F.2 . 6 2. a. Bonds issued on or after July 1, 2019, shall not be 7 sold at public sale as provided in chapter 75 , or at a private 8 sale, without notice and hearing. Notice of the time and place 9 of the public hearing shall be published not less than ten nor 10 more than twenty days before the public hearing in a newspaper 11 which is a newspaper of general circulation in the school 12 district. This paragraph does not apply to the refinancing of 13 bonds. 14 b. For bonds subject to the requirements of paragraph 15 “a” , if at any time prior to the fifteenth day following the 16 hearing, the secretary of the board of directors receives a 17 petition containing the required number of signatures and 18 asking that the question of the issuance of such bonds be 19 submitted to the voters of the school district, the board shall 20 either rescind its adoption of the resolution or direct the 21 county commissioner of elections to submit the question to the 22 registered voters of the school district at an election held 23 on a date specified in section 39.2, subsection 4 , paragraph 24 “c” . The petition must be signed by eligible electors equal 25 in number to not less than one hundred or thirty percent of 26 the number of voters at the last preceding election of school 27 officials under section 277.1 , whichever is greater. If the 28 board submits the question at an election and a majority of 29 those voting on the question favors issuance of the bonds, the 30 board shall be authorized to issue the bonds. 31 c. After fourteen days from the date of the hearing under 32 paragraph “a” or fourteen days after the date of the election 33 held under paragraph “b” , if applicable, whichever is later, 34 an action shall not be brought questioning the legality of 35 -13- LSB 1669HV (3) 90 jda/jh 13/ 25
H.F. 370 any bonds or the power of the authority to issue any bonds 1 or to the legality of any proceedings in connection with the 2 authorization or issuance of the bonds. 3 3. The repeal of section 423E.5 shall not affect the 4 validity of any previously issued bonds or other evidences of 5 indebtedness. 6 4. The board of directors of a school district may issue 7 negotiable, interest-bearing school bonds, without election, 8 and utilize tax receipts derived from the secure an advanced 9 vision for education fund for principal and interest repayment. 10 Proceeds of the bonds issued pursuant to this subsection shall 11 be utilized solely for school infrastructure as defined in 12 section 423F.3, subsection 6, paragraph “a” . Bonds issued 13 under this subsection may be sold at public sale as provided 14 in chapter 75, or at private sale, without notice and hearing. 15 Bonds may bear dates, bear interest at rates not exceeding that 16 permitted by chapter 74A, mature in one or more installments, 17 be in registered form, carry registration and conversion 18 privileges, be payable as to principal and interest at times 19 and places, be subject to terms of redemption prior to maturity 20 with or without premium, and be in one or more denominations, 21 all as provided by the resolution of the board of directors 22 authorizing the issuance. The resolution may also prescribe 23 additional provisions, terms, conditions, and covenants which 24 the board of directors deems advisable, including provisions 25 for creating and maintaining reserve funds, the issuance of 26 additional bonds ranking on a parity with such bonds and 27 additional bonds junior and subordinate to such bonds, and 28 that such bonds shall rank on a parity with or be junior and 29 subordinate to any bonds which may be then outstanding. Bonds 30 may be issued to refund outstanding and previously issued 31 bonds under this subsection. The bonds are a contractual 32 obligation of the school district, and the resolution issuing 33 the bonds and its share of the revenues distributed pursuant 34 to section 423F.2 to the payment of principal and interest on 35 -14- LSB 1669HV (3) 90 jda/jh 14/ 25
H.F. 370 the bonds is a part of the contract. Bonds issued pursuant to 1 this subsection shall not constitute indebtedness within the 2 meaning of any constitutional or statutory debt limitation or 3 restriction, and shall not be subject to any other law relating 4 to the authorization, issuance, or sale of bonds. 5 5. a. A school district may enter into an agreement 6 pursuant to chapter 28E with one or more cities or a county 7 whose boundaries encompass all or a part of the area of the 8 school district. A city entering into an agreement with a 9 school district pursuant to chapter 28E may expend the city’s 10 designated portion of the revenues for any valid purpose 11 permitted in this chapter or authorized by the governing body 12 of the city. A county entering into an agreement with a school 13 district pursuant to chapter 28E may expend its designated 14 portion of the revenues to provide property tax relief within 15 the boundaries of the school district located in the county. 16 b. A school district may enter into an agreement pursuant to 17 chapter 28E with another school district, a community college, 18 or an area education agency which is located partially or 19 entirely in or is contiguous to the county where the school 20 district is located. The school district or community college 21 shall only expend its designated portion of the revenues 22 for infrastructure purposes. The area education agency 23 shall only expend its designated portion of the revenues for 24 infrastructure and maintenance purposes. 25 DIVISION V 26 COUNTY CONFERENCE BOARD 27 Sec. 21. Section 441.2, Code 2023, is amended to read as 28 follows: 29 441.2 Conference board. 30 In each county and each city having an assessor there 31 shall be established a conference board. In counties the 32 conference board shall consist of the mayors or a designated 33 member of a city council of all incorporated cities in the 34 county whose property is assessed by the county assessor; one 35 -15- LSB 1669HV (3) 90 jda/jh 15/ 25
H.F. 370 representative from the board of directors of each high school 1 district of containing a high school in the county, who is a 2 resident of the county, said board of directors appointing said 3 representative for a one-year term and notifying the clerk of 4 the conference board as to their representative ; and members 5 of the board of supervisors. In cities having an assessor 6 the conference board shall consist of the members of the city 7 council, school board the board of directors of each school 8 district containing a high school in the city , and county board 9 of supervisors. In the counties the chairperson of the board 10 of supervisors shall act as chairperson of the conference 11 board, in cities having an assessor the mayor of the city 12 council shall act as chairperson of the conference board. In 13 any action taken by the conference board, the mayors of all 14 incorporated cities in the county whose property is assessed 15 by the county assessor shall constitute one voting unit, the 16 members of the city board of education board of directors of 17 each school district containing a high school in the city or 18 one representative from the board of directors of each high 19 school district of containing a high school in the county shall 20 constitute one voting unit, the members of the city council 21 shall constitute one voting unit, and the county board of 22 supervisors shall constitute one voting unit, each unit having 23 a single vote and no action shall be valid except by the vote of 24 not less than two out of the three units. In any action taken 25 by the conference board, if a city or a county contains only 26 one school district containing a high school, the members of 27 or the representative of the board of directors of the school 28 district, as applicable, shall constitute one voting unit. 29 The majority vote of the members present of each unit shall 30 determine the vote of the unit. The assessor shall be clerk of 31 the conference board. 32 DIVISION VI 33 CHILDREN’S RESIDENTIAL FACILITIES 34 Sec. 22. Section 282.34, Code 2023, is amended by adding the 35 -16- LSB 1669HV (3) 90 jda/jh 16/ 25
H.F. 370 following new subsection: 1 NEW SUBSECTION . 6. For children requiring admission to 2 a residential treatment facility, the residential treatment 3 facility shall complete and provide to the district of 4 residence the documentation necessary to seek Medicaid 5 reimbursement for eligible services. 6 DIVISION VII 7 AREA EDUCATION AGENCY BOARDS —— POSTING OF NOTICE OF PROPOSED 8 BUDGET 9 Sec. 23. Section 273.3, subsection 12, Code 2023, is amended 10 to read as follows: 11 12. Prepare an annual budget estimating income and 12 expenditures for programs and services as provided in sections 13 273.1 , 273.2 , this section , sections 273.4 through 273.8 , and 14 chapter 256B within the limits of funds provided under section 15 256B.9 and chapter 257 . The board shall post notice of a 16 public hearing on the proposed budget on the area education 17 agency’s internet site and by publication in the newspaper of 18 general circulation in the territory of the area education 19 agency in which the principal place of business of a school 20 district that is a part of the area education agency is located 21 or in the manner prescribed in section 279.36 . The notice 22 shall specify the date, which shall be not later than March 23 1 of each year, the time, and the location of the public 24 hearing. The proposed budget as approved by the board shall 25 then be submitted to the state board of education, on forms 26 provided by the department, no later than March 15 preceding 27 the next fiscal year for approval. The state board shall 28 review the proposed budget of each area education agency and 29 shall before May 1, either grant approval or return the budget 30 without approval with comments of the state board included. An 31 unapproved budget shall be resubmitted to the state board for 32 final approval not later than May 15. The state board shall 33 give final approval only to budgets submitted by area education 34 agencies accredited by the state board or that have been given 35 -17- LSB 1669HV (3) 90 jda/jh 17/ 25
H.F. 370 conditional accreditation by the state board. 1 DIVISION VIII 2 ELECTION COMMISSIONERS 3 Sec. 24. Section 47.6, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. For the purpose of this section , a conflict between two 6 elections exists only when some but not all of the registered 7 voters of any precinct would be entitled to vote in one of 8 the elections and all of the registered voters of the same 9 precinct would be entitled to vote in the other election. 10 Nothing in this subsection shall deny a commissioner who is 11 responsible for conducting the election discretionary authority 12 to approve holding a special election on the same date as 13 another election, even though the two elections may be defined 14 as being in conflict, if the commissioner concludes that to do 15 so will cause no undue difficulties. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to entities supported in whole or in part 20 by public moneys, including the sale of public bonds, the 21 duties and responsibilities of the directors and officers of 22 school boards, school districts, the department of education, 23 the department of health and human services, accredited 24 nonpublic schools, charter schools, community colleges, 25 institutions under the control of the state board of regents, 26 area education agencies, election commissioners, and children’s 27 residential facilities, and the membership and voting units of 28 county and city conference boards. 29 DIVISION I —— BOND SALES. Current law provides that when 30 public bonds are offered for sale, the official in charge 31 of the bond issue shall give notice of the time and place 32 of sale, the amount to be offered for sale, and any further 33 information which the official deems pertinent by publishing 34 an advertisement in a newspaper. The division modifies this 35 -18- LSB 1669HV (3) 90 jda/jh 18/ 25
H.F. 370 provision to require the official in charge of the bond issue 1 to give notice of the sale by publishing the time and place of 2 sale, the amount to be offered for sale, and any additional 3 information the official deems pertinent to the bond issue in 4 at least one electronic or written publication with nationwide 5 circulation that is recognized for providing information 6 regarding the sale of public bonds or in a newspaper located in 7 the county or a county contiguous to the place of sale. 8 Code section 75.14 provides that, notwithstanding contrary 9 provisions of Code chapter 75 (authorization and sale of public 10 bonds), a public body authorized to issue bonds or other 11 obligations may elect to receive bids to purchase such bonds 12 or other obligations by means of electronic communication, a 13 proprietary bidding procedure, or by facsimile transmission 14 to a location deemed appropriate by the governing body. The 15 division adds a reference to Code section 75.3 (sealed and open 16 bids) to the notwithstanding provision. 17 DIVISION II —— SCHOOL BOARD AND OFFICERS —— DUTIES AND 18 RESPONSIBILITIES. Current law provides that individuals who 19 either have a master’s degree or are making annual progress 20 toward meeting the requirements for a teacher librarian 21 endorsement issued by the board of educational examiners are 22 considered to be in compliance with rules associated with 23 media specialists or librarians. The division strikes these 24 provisions. 25 Code section 279.6 provides a process to fill vacancies 26 occurring among the members of a school board. This process 27 requires, among other things, the publication in a newspaper of 28 notice stating that the board intends to fill the vacancy by 29 appointment. The division requires notice to be provided by 30 publication on the board’s internet site as well. 31 The division strikes a provision requiring school boards to 32 have rules regulating the loading and unloading of pupils from 33 a school bus stopped on the highway during inclement weather. 34 The division authorizes the board of directors of a 35 -19- LSB 1669HV (3) 90 jda/jh 19/ 25
H.F. 370 school district and the superintendent, in certain specified 1 circumstances, to use electronic signatures and electronic 2 contracts pursuant to Code chapter 554D (electronic 3 transactions) and facsimile signatures when entering into 4 contracts to hire support personnel. 5 Currently, school districts are prohibited from charging 6 employees for the cost of registry checks. The bill provides 7 that a school district may charge an employee for the cost 8 of the registry checks, not to exceed the actual cost. The 9 division strikes obsolete language relating to school employee 10 registry checks. 11 Current law requires the board of directors of each public 12 school district to administer the pledge of allegiance in 13 grades 1 through 12 each school day. The division modifies 14 this provision to require each public school district to 15 administer the pledge of allegiance in grades 1 through 12 each 16 school day. 17 The division authorizes the president of the board of 18 directors of a school district, or the president’s designee, to 19 enter into original contracts or electronic contracts pursuant 20 to chapter 554D and sign, using an original, facsimile, or 21 electronic signature, all school district payments drawn and 22 authorize electronic funds transfers as provided by law. 23 Current law requires the secretary and treasurer of a 24 school district to execute to the school corporation a surety 25 bond in an amount sufficient to cover current operations as 26 determined by the board. Current law also requires the oath 27 required of civil officers to be endorsed upon the bond. The 28 division strikes the requirement that the oath required of 29 civil officers be endorsed upon the bond. 30 DIVISION III —— RESPONSIBILITIES AND REQUIREMENTS RELATING 31 TO HEALTH. The division strikes requirements that school 32 districts, community colleges, and institutions under the 33 control of the state board of regents conduct an evaluation 34 and assessment regarding implementation of an environmentally 35 -20- LSB 1669HV (3) 90 jda/jh 20/ 25
H.F. 370 preferable cleaning policy and, unless the school districts, 1 community colleges, or institutions under the control of the 2 state board of regents opt out of compliance, to purchase only 3 cleaning and maintenance products identified by the department 4 of administrative services as being environmentally preferable 5 or that meet nationally recognized standards. 6 The division strikes the requirement that each school 7 work toward a goal of having one school nurse for every 750 8 students, and instead authorizes a school district to have a 9 school nurse to provide health care to students. 10 The division strikes a provision requiring that every 11 parent or guardian of a child registered for kindergarten or 12 preschool be provided with a student vision card provided by 13 the Iowa optometric association and approved by the department 14 of education with a goal of every child receiving an eye 15 examination by age seven. 16 The division requires the department of education to 17 convene and provide administrative support to a health 18 care-related training for school personnel group. The bill 19 requires the group to review and develop a plan to ensure 20 that Iowa educators have the health care training necessary 21 to perform their duties and to submit recommendations for 22 delivery and implementation of training required under state 23 law or rule. The bill specifies the members the group shall 24 include. The bill requires the group to submit its findings 25 and recommendations in a report to the general assembly, the 26 governor, and the state board of education by December 1, 2023. 27 DIVISION IV —— STATEWIDE SCHOOL INFRASTRUCTURE FUNDING. 28 Current law provides that if a school district is located in 29 a county which has imposed a local sales and services tax for 30 school infrastructure purposes prior to July 1, 2008, the board 31 of directors of a school district is required to take action 32 to adopt or amend a revenue purpose statement specifying the 33 specific purposes for which the revenues received from the 34 secure an advanced vision for education fund will be expended 35 -21- LSB 1669HV (3) 90 jda/jh 21/ 25
H.F. 370 before expending or anticipating revenues to be received after 1 the unextended term of the tax unless the school district 2 elects to adopt a revenue purpose statement. The division 3 strikes this provision. 4 The division requires a school district affected by a 5 reorganization that has issued bonds under Code section 423E.5 6 (school infrastructure funding formula bonding) or 423F.4 7 (borrowing authority for school districts) and that has not 8 approved a revenue purpose statement to first use revenues to 9 make timely and sufficient payment of principal and interest 10 and premium, if applicable, on the outstanding bonds. 11 The division modifies the definition of “school 12 infrastructure” for purposes of Code chapter 423F (statewide 13 school infrastructure funding) to mean those activities 14 for which a school district is authorized to contract 15 indebtedness and issue general obligation bonds under Code 16 section 296.1 (indebtedness of school corporations), except 17 those activities related to a teacher’s or superintendent’s 18 home or homes. The division also modifies the definition 19 of “school infrastructure” for purposes of Code chapter 20 423F to include the construction, reconstruction, repair, 21 demolition work, purchasing, or remodeling of schoolhouses, 22 stadiums, gymnasiums, fieldhouses, and school bus garages, the 23 procurement of schoolhouse construction sites, the making of 24 site improvements, those activities for which other specified 25 revenues may be spent, joint infrastructure projects with one 26 or more school districts or one or more school districts and 27 a community college, for which buildings or facilities are 28 constructed or leased for the purpose of offering classes under 29 a district-to-community college sharing agreement or concurrent 30 enrollment program. Additionally, the division modifies the 31 definition of “school infrastructure” for purposes of Code 32 chapter 423F to remove requirements related to the adoption of 33 a revenue purpose statement that is subject to the approval of 34 the electors. 35 -22- LSB 1669HV (3) 90 jda/jh 22/ 25
H.F. 370 Current law provides that bonds issued under Code chapter 1 423F on or after July 1, 2019, shall not be sold at a public 2 or private sale without notice and hearing. Current law 3 also provides that notice of the sale shall be published in 4 a newspaper. The bill provides that this provision does not 5 apply to the refinancing of bonds. 6 The division provides that the repeal of Code section 423E.5 7 (bonding) shall not affect the validity of any previously 8 issued bonds or other evidences of indebtedness. Code chapter 9 423E sunsets on June 30, 2023. 10 The division authorizes the board of directors of a school 11 district to issue negotiable, interest-bearing school bonds, 12 without election, and utilize tax receipts derived from the 13 secure an advanced vision for education fund for principal and 14 interest repayment pursuant to standards established in the 15 division. 16 The division authorizes school districts to enter into an 17 agreement pursuant to chapter 28E with one or more cities, 18 school districts, community colleges, and certain specified 19 counties and area education agencies. The division also 20 establishes how revenues from such agreements may be expended. 21 DIVISION V —— COUNTY CONFERENCE BOARD. Current law provides 22 that each county and each city having an assessor shall have a 23 conference board. Current law also provides that in counties, 24 the conference board shall consist of the mayors of all 25 incorporated cities in the county whose property is assessed 26 by the county assessor, one representative from the board of 27 directors of each high school district of the county, who is a 28 resident of the county, said board of directors appointing said 29 representative for a one-year term and notifying the clerk of 30 the conference board as to their representative, and members of 31 the board of supervisors. The division modifies this provision 32 to require that the conference board consist of the mayors 33 or a designated member of a city council. The division also 34 modifies this provision by replacing references to high school 35 -23- LSB 1669HV (3) 90 jda/jh 23/ 25
H.F. 370 districts with references to school districts containing a high 1 school. 2 The division strikes the requirement that the board of 3 directors of a high school district appoint a representative 4 for a one-year term and notify the clerk of the conference 5 board as to the identity of the representative. 6 The division provides that, in any action taken by the 7 conference board, if a city or a county contains only one 8 school district containing a high school, the members of or 9 the representative of the board of directors of the school 10 district, as applicable, shall constitute one voting unit. 11 DIVISION VI —— CHILDREN’S RESIDENTIAL CARE FACILITIES. The 12 division provides that, for children requiring admission to 13 a residential treatment facility, the residential treatment 14 facility shall complete and provide to the child’s school 15 district of residence the documentation necessary to seek 16 Medicaid reimbursement for eligible services. 17 DIVISION VII —— AREA EDUCATION AGENCY BOARDS —— POSTING OF 18 NOTICE ON PROPOSED BUDGET. Current law requires area education 19 agency (AEA) boards to give notice of a public hearing on the 20 AEA’s proposed budget by publication on the AEA’s internet 21 site and by publication in a newspaper of general circulation 22 in the territory of the AEA. The division authorizes AEA 23 boards, in lieu of providing notice of a public hearing on the 24 AEA’s proposed budget by publication in a newspaper of general 25 circulation in the territory of the AEA, to provide notice by 26 publication in accordance with Code section 279.36 (authorizing 27 notice by publication in at least one newspaper published in 28 the district). 29 DIVISION VIII —— ELECTION COMMISSIONERS. The division 30 provides that, for purposes of special elections, nothing 31 shall deny a commissioner who is responsible for conducting 32 the election the discretionary authority to approve holding a 33 special election on the same date as another election, even 34 though the two elections may be defined as being in conflict, 35 -24- LSB 1669HV (3) 90 jda/jh 24/ 25
H.F. 370 if the commissioner concludes that to do so will cause no undue 1 difficulties. 2 -25- LSB 1669HV (3) 90 jda/jh 25/ 25