House File 5 - Introduced HOUSE FILE 5 BY WHEELER , HOLT , STONE , DUNWELL , FISHER , MOMMSEN , COLLINS , MOORE , GUSTOFF , JENEARY , STOLTENBERG , WULF , SHIPLEY , BRADLEY , DEYOE , GRABER , P. THOMPSON , WILLS , JOHNSON , GUSTAFSON , BODEN , HARRIS , GEHLBACH , ANDREWS , OSMUNDSON , NORDMAN , YOUNG , WOOD , HORA , WINDSCHITL , GRASSLEY , BOSSMAN , and GERHOLD A BILL FOR An Act relating to education, including requiring the boards of 1 directors of school districts and the governing boards of 2 charter schools to publish certain specified information, 3 modifying provisions related to required social studies 4 instruction, and providing civil penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1700YH (3) 90 jda/jh

H.F. 5 DIVISION I 1 SCHOOL DISTRICT AND CHARTER SCHOOL TRANSPARENCY 2 Section 1. Section 256.11, subsection 10, paragraph c, 3 subparagraph (2), unnumbered paragraph 1, Code 2023, is amended 4 to read as follows: 5 If, after having an opportunity to correct, if permitted, a 6 school district is found to be in noncompliance with federal 7 education laws including but not limited to the federal 8 Elementary and Secondary Education Act of 1965, the federal 9 Individuals with Disabilities Education Act, 20 U.S.C. §1400 et 10 seq., as amended, the federal Civil Rights Act of 1964, chapter 11 216 , section 279.73 , or section 279.74 , or section 279.77, 12 the director shall recommend, and the state board may shall 13 do, one of the following within thirty days of the finding 14 of noncompliance , or within fourteen days if the finding of 15 noncompliance is for a violation of section 279.77 : 16 Sec. 2. Section 256.11, Code 2023, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 19. a. If the department finds a school 19 district is not in compliance with section 279.77, the 20 department shall provide notice to the board of directors 21 of the school district indicating the school district’s 22 noncompliance. The department shall allow the board of 23 directors of the school district at least fourteen days 24 after receipt of the notice of noncompliance to correct the 25 violation prior to taking any enforcement action pursuant to 26 subsection 10, paragraph “c” . In addition to any enforcement 27 action taken pursuant to subsection 10, paragraph “c” , if the 28 board of directors of the school district fails to correct the 29 violation within fourteen days after receipt of the notice of 30 noncompliance, the department shall assess a civil penalty 31 against the school district in an amount not less than five 32 hundred dollars and not more than five thousand dollars. 33 Revenue from the civil penalty provided in this paragraph 34 shall be remitted to the treasurer of state for deposit in the 35 -1- LSB 1700YH (3) 90 jda/jh 1/ 10

H.F. 5 general fund of the state. 1 b. The department shall provide notice to the board of 2 educational examiners indicating the identity of any individual 3 licensed under chapter 272 whose violation of section 279.77 4 leads to enforcement action pursuant to subsection 10, 5 paragraph “c” . 6 Sec. 3. Section 256E.7, subsection 2, Code 2023, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . 0j. Be subject to and comply with the 9 requirements of sections 279.77 and 279.78 in the same manner 10 as a school district. 11 Sec. 4. NEW SECTION . 279.77 Transparency and state 12 standards. 13 1. The board of directors of a school district shall adopt 14 a policy describing the procedures for the parent or guardian 15 of a student enrolled in the school district to review the 16 instructional materials used in the student’s classroom. 17 The policy shall include a process for the student’s parent 18 or guardian to request that the student not be provided 19 with certain instructional materials. The policy shall be 20 prominently displayed on the school district’s internet site 21 and the board of directors of the school district shall, at 22 least annually, provide a written or electronic copy of the 23 policy to the parent or guardian of each student enrolled 24 in the school district. For purposes of this section, 25 “instructional materials” means either printed or electronic 26 textbooks and related core materials that are written and 27 published primarily for use in elementary school and secondary 28 school instruction and are required by a state educational 29 agency or local educational agency for use by students in the 30 student’s classes by the teacher of record. “Instructional 31 materials” does not include lesson plans. 32 2. The school district shall provide the parent or guardian 33 of a student enrolled in the school district with all of the 34 following information related to the current school year: 35 -2- LSB 1700YH (3) 90 jda/jh 2/ 10

H.F. 5 a. A course syllabus or written summary of the material that 1 will be taught in the student’s classes. 2 b. How the student’s classes meet or exceed the educational 3 standards established pursuant to section 256.11. 4 c. A list of all instructional materials that will be used 5 in the student’s classes by the teacher of record. 6 3. The school district may satisfy the requirements of 7 subsection 2 by providing the parent or guardian of a student 8 enrolled in the school district with an option to view the 9 materials described in subsection 2 electronically or by 10 providing the parent or guardian of a student enrolled in 11 the school district with view-only access to the materials 12 described in subsection 2 on the classroom management software 13 platform used by the school district. By July 1, 2025, the 14 school district shall satisfy the requirements of subsection 15 2 by providing the parent or guardian of a student enrolled 16 in the school district with view-only access to the materials 17 described in subsection 2 on the classroom management software 18 platform used by the school district. 19 4. If the materials described in subsection 2 are modified 20 during the school year, the teacher of record or the school 21 district shall update the information maintained under 22 subsection 3 on or before the end of the school week when the 23 modification occurs to reflect the teacher of record’s use of 24 the new materials. 25 5. The school district shall make available to the parent 26 or guardian of a student enrolled in the school district a 27 comprehensive list of all books available to students in 28 libraries operated by the school district by providing a link 29 on the school district’s internet site to the electronic 30 catalog of the books available in the libraries operated by the 31 school district. However, for school years beginning prior to 32 July 1, 2026, if the school district does not use an electronic 33 catalog, the school district may request a waiver from this 34 requirement from the department of education. 35 -3- LSB 1700YH (3) 90 jda/jh 3/ 10

H.F. 5 6. The school district shall provide instructions on the 1 school district’s internet site showing the procedures or 2 policies in effect for the parent or guardian of a student 3 enrolled in the school district to request the reconsideration 4 or removal of a book that is available to students in a library 5 operated by the school district. The school district shall 6 display the form for requesting reconsideration or removal of a 7 book prominently on the school district’s internet site. 8 7. The board of directors of a school district shall provide 9 instructions related to how to access the information described 10 in subsections 2, 3, and 5 in a notice to the parent or guardian 11 of each student enrolled in the school district prior to the 12 start of each school year. 13 8. The school district shall publish on the school 14 district’s internet site information related to the training 15 and professional development courses and programs offered by 16 the school district in which employees of the school district 17 have participated during the current school year. 18 9. This section shall not be construed to require the school 19 district to do any of the following: 20 a. Reproduce educational materials that were not created 21 by a teacher employed by the board of directors of the school 22 district. 23 b. Distribute any educational materials in a manner that 24 would infringe on the intellectual property rights of any 25 person. 26 10. The requirements of this section shall not apply when 27 the teacher of record provides instruction pursuant to chapter 28 256B. 29 Sec. 5. NEW SECTION . 279.78 Protocols for the selection, 30 review, reconsideration, and removal of materials from libraries. 31 The board of directors of a school district shall adopt 32 protocols for the selection, review, reconsideration, and 33 removal of materials from libraries operated by the school 34 district. The protocols shall require all of the following: 35 -4- LSB 1700YH (3) 90 jda/jh 4/ 10

H.F. 5 1. A process for the selection, reconsideration, and 1 removal of materials from libraries operated by the school 2 district. 3 2. A process for a parent or guardian of a student enrolled 4 in the school district to request that specific library 5 materials not be checked out by the student. 6 3. The lawful and ethical use of information resources, 7 including information regarding plagiarism and intellectual 8 property rights. 9 4. A process that allows the parent or guardian of a student 10 enrolled in the school district to request the reconsideration 11 or removal of materials from a library operated by the school 12 district. The process shall be prominently displayed on the 13 school district’s internet site and shall require all of the 14 following: 15 a. Within fifteen business days after a parent’s or 16 guardian’s submission of a request to reconsider or remove 17 materials from a library operated by the school district, or on 18 or before a later date if the school district and the parent or 19 guardian agree in writing, the school district shall conduct 20 a review of the materials described in the request and make a 21 recommendation to the board of directors of the school district 22 regarding the materials described in the request. The school 23 district shall notify the parent or guardian in writing of the 24 school district’s recommendation to the board of directors of 25 the school district. 26 b. The board of directors of the school district shall 27 act on the recommendation described in paragraph “a” at the 28 next regularly scheduled meeting of the board of directors but 29 no later than thirty business days after the recommendation 30 is received, or on or before a later date if the board of 31 directors of the school district and the parent or guardian 32 agree in writing. The board of directors of the school 33 district shall notify the parent or guardian in writing 34 of its decision to affirm or reverse the school district’s 35 -5- LSB 1700YH (3) 90 jda/jh 5/ 10

H.F. 5 recommendation. 1 c. The parent or guardian may appeal the decision of the 2 board of directors of the school district under paragraph “b” to 3 the state board of education pursuant to section 290.1. 4 d. If the school district or the board of directors of 5 the school district fails to act on a parent’s or guardian’s 6 request to reconsider or remove materials from a library 7 operated by the school district within the timeline provided 8 in this section, the parent or guardian may appeal the school 9 district’s or the board of directors of the school district’s 10 failure to act to the state board of education. The state 11 board of education shall direct the school district or the 12 board of directors of the school district to perform the review 13 as prescribed. 14 Sec. 6. PROCEDURE FOR THE RECONSIDERATION OR REMOVAL OF A 15 BOOK FROM A SCHOOL LIBRARY. The board of directors of a school 16 district shall create a document that illustrates the procedure 17 for the parent or guardian of a student enrolled in a school 18 district to request the reconsideration or removal of a book 19 that is available to students in a library operated by the 20 school district as required by section 279.78, as enacted by 21 this division of this Act. 22 DIVISION II 23 SOCIAL STUDIES INSTRUCTION 24 Sec. 7. Section 256.11, subsection 5, paragraph b, Code 25 2023, is amended to read as follows: 26 b. (1) Five units of the social studies including 27 instruction in voting statutes and procedures, voter 28 registration requirements, the use of paper ballots and voting 29 systems in the election process, and the method of acquiring 30 and casting an absentee ballot. All students shall complete a 31 minimum of one-half unit of United States government and one 32 unit of United States history. 33 (2) The one-half unit of United States government shall 34 include the all of the following: 35 -6- LSB 1700YH (3) 90 jda/jh 6/ 10

H.F. 5 (a) The voting procedure as described in this lettered 1 paragraph and section 280.9A . The government instruction shall 2 also include a 3 (b) A study of the Constitution of the United States and the 4 Bill of Rights contained in the Constitution and an assessment 5 of a student’s knowledge of the Constitution and the Bill of 6 Rights. 7 (c) An assessment of the student’s knowledge of United 8 States government and civics that includes the nature, 9 purpose, structure, function, and history of the United States 10 government, the rights and responsibilities of citizens of 11 the United States, and important United States government and 12 civic leaders. The most recent version of the civics test 13 developed by the United States citizenship and immigration 14 services shall be used as the assessment required by this 15 subparagraph division. On or before June 30 of each year, each 16 school district and nonpublic school shall submit the results 17 of the assessment required by this subparagraph division to the 18 department. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to education, including requiring the 23 boards of directors of school districts and the governing 24 boards of charter schools to publish certain specified 25 information and modifying provisions related to required social 26 studies instruction. 27 DIVISION I —— SCHOOL DISTRICT AND CHARTER SCHOOL 28 TRANSPARENCY. The bill enacts new Code section 279.77, which 29 requires the board of directors of a school district and 30 charter schools to adopt a policy describing the procedures 31 for the parent or guardian of a student enrolled in the 32 school district or charter school to review the instructional 33 materials used in the student’s classroom. The bill requires 34 the policy to include a process for the parent or guardian 35 -7- LSB 1700YH (3) 90 jda/jh 7/ 10

H.F. 5 to request that the student not be provided with certain 1 instructional materials. The bill also requires the school 2 district or charter school to display the policy on its 3 internet site and annually provide a written or electronic 4 copy of the policy to the parent or guardian of each student 5 enrolled in the school district or charter school. 6 New Code section 279.77 also requires school districts and 7 charter schools to provide the parent or guardian of a student 8 enrolled in the school district or charter school with all of 9 the following information related to the current school year: 10 a course syllabus or summary of material that will be taught 11 in the student’s classes, how the student’s classes meet or 12 exceed educational standards, and a list of all instructional 13 materials that will be used in the student’s classes. The 14 bill establishes that school districts and charter schools may 15 provide the information in certain specified electronic forms. 16 The bill requires a teacher or the school district or charter 17 school to update the information on or before the end of the 18 school week when a modification occurs. 19 New Code section 279.77 requires school districts and 20 charter schools to make available to the parent or guardian of 21 a student enrolled in the school district or charter school 22 a comprehensive list of all books available to students in 23 libraries operated by the school district or charter school. 24 The bill requires school districts and charter schools to 25 provide instructions on their internet sites that show the 26 procedures in effect for the parent or guardian to request the 27 removal of a book from a school library. 28 New Code section 279.77 requires school districts and 29 charter schools to publish on their internet sites information 30 related to the training and professional development courses 31 and programs offered by the school district or charter school 32 in which employees of the school district or charter school 33 have participated during the current school year. 34 New Code section 279.77 establishes that it does not apply to 35 -8- LSB 1700YH (3) 90 jda/jh 8/ 10

H.F. 5 teachers providing special education instruction pursuant to 1 Code chapter 256B. 2 The bill provides that if the department of education 3 determines a school district or charter school is found to be 4 in noncompliance with new Code section 279.77, after having an 5 opportunity to correct the issue, the department is required to 6 take corrective action, which could include imposing conditions 7 on funding or withholding certain payments. The bill also 8 provides that if the school district or charter school 9 continues to be in noncompliance with new Code section 279.77 10 within 14 days after receipt of notice from the department, 11 the department shall assess a civil penalty against the school 12 district or charter school in an amount not less than $500 and 13 not more than $5,000. The bill requires the department to 14 provide notice to the board of educational examiners indicating 15 the identity of any individual licensed by the board whose 16 violation of new Code section 279.77 leads to enforcement 17 action by the department. 18 The bill enacts new Code section 279.78, which requires the 19 board of directors of a school district or charter school to 20 adopt protocols for the selection, review, reconsideration, 21 and removal of materials in school libraries. The bill 22 establishes that the protocols are required to include all 23 of the following: a process for the selection and removal 24 of materials from school libraries; a process for a parent 25 or guardian of a student enrolled in the school district or 26 charter school to request that specific library materials not 27 be checked out by the student; the lawful and ethical use of 28 information resources; and a process that allows the parent 29 or guardian of a student enrolled in the school district 30 or charter school to request the removal of materials from 31 school libraries. The bill requires the board of directors 32 of a school district or charter school to create a document 33 illustrating the procedure for the parent or guardian to 34 request the removal of a book that is available in a school 35 -9- LSB 1700YH (3) 90 jda/jh 9/ 10

H.F. 5 library. 1 DIVISION II —— SOCIAL STUDIES INSTRUCTION. Under current 2 law, the educational program established pursuant to Code 3 section 256.11 is required to include, in grades 9 through 12, 4 five units of social studies, one-half unit of which is to 5 consist of instruction in United States government. The bill 6 provides that this one-half unit of United States government 7 shall include an assessment of the student’s knowledge of 8 United States government and civics. The bill provides that 9 the most recent version of the civics test developed by the 10 United States citizenship and immigration services shall be 11 used as the assessment. The bill requires each school district 12 and nonpublic school to submit the results of the assessment 13 to the department of education by June 30 of each year. By 14 operation of law, a charter school is subject to the education 15 standards of Code section 256.11 unless the state board of 16 education waives a particular standard for the charter school 17 during the charter school’s application. 18 -10- LSB 1700YH (3) 90 jda/jh 10/ 10