House Study Bill 112 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER) A BILL FOR An Act relating to curriculum and staff or student training 1 provided by employees or contractors of school districts, 2 including implementing provisions related to noncompliance, 3 modifying the responsibilities of the department of 4 education and board of educational examiners, and providing 5 civil penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1635YC (3) 90 jda/jh

H.F. _____ Section 1. Section 256.9, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 66. a. Develop and make available on the 3 department’s internet site a system to allow for a student 4 enrolled in a school district, or the parent or guardian of 5 a student enrolled in a school district, to report potential 6 violations of section 279.74, subsection 2. The system shall 7 allow the student, parent, or guardian to indicate the school 8 district that is the subject of the potential violation. 9 b. Compile the reports of potential violations submitted 10 pursuant to paragraph “a” and redact all personally 11 identifiable information from the compilation of reports of 12 potential violations. 13 c. Submit the compilation of reports of potential violations 14 prepared pursuant to paragraph “b” to the general assembly in an 15 annual report each July 1. The annual report shall indicate 16 the school district that is the subject of each report of a 17 potential violation. 18 Sec. 2. NEW SECTION . 272.30 Notification to department of 19 education of noncompliance. 20 The board shall immediately notify the department of 21 education if the board determines that any person who holds 22 a license, certificate, authorization, or statement of 23 recognition issued by the board may have violated section 24 279.74, subsection 2, so that the department may investigate 25 the potential violation pursuant to section 279.74, subsection 26 2A. 27 Sec. 3. Section 279.74, Code 2023, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 2A. If the department of education 30 determines that an employee of a school district or a 31 contractor hired by a school district has violated subsection 32 2, the department shall provide notice to the board of 33 directors of the school district indicating the school 34 district’s noncompliance. The department shall allow the board 35 -1- LSB 1635YC (3) 90 jda/jh 1/ 3

H.F. _____ of directors of the school district at least fourteen days 1 after receipt of the notice of noncompliance to correct the 2 violation prior to taking any enforcement action pursuant to 3 section 256.11, subsection 10, paragraph “c” . In addition 4 to any enforcement action taken pursuant to section 256.11, 5 subsection 10, paragraph “c” , if the board of directors of 6 the school district fails to correct the violation within 7 fourteen days after receipt of the notice of noncompliance, 8 the department shall assess a civil penalty against the school 9 district in an amount not less than five hundred dollars and 10 not more than five thousand dollars. Revenue from the civil 11 penalty provided in this subsection shall be remitted to the 12 treasurer of state for deposit in the general fund of the 13 state. 14 NEW SUBSECTION . 5. The state board of education shall adopt 15 rules pursuant to chapter 17A to administer this section. 16 Sec. 4. Section 279.74, subsection 4, paragraph d, Code 17 2023, is amended to read as follows: 18 d. Create Except as provided in subsection 2A, create any 19 right or benefit, substantive or procedural, enforceable at 20 law or in equity by any party against the state of Iowa, its 21 departments, agencies, or entities, its officers, employees, 22 or agents, or any other person. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to curriculum and staff or student 27 training provided by employees or contractors of school 28 districts, including implementing provisions related to 29 noncompliance, and modifying the responsibilities of the 30 department of education and board of educational examiners. 31 Current Code section 279.74 requires the superintendent of 32 each school district to ensure that any curriculum or mandatory 33 staff or student training provided by an employee of the school 34 district or by a contractor hired by the school district does 35 -2- LSB 1635YC (3) 90 jda/jh 2/ 3

H.F. _____ not teach, advocate, encourage, promote, or act upon specific 1 stereotyping and scapegoating toward others on the basis of 2 demographic group membership or identity. The bill modifies 3 Code section 279.74 to require that if the department of 4 education (DE) determines that an employee or a contractor 5 has violated this provision, DE shall provide notice to the 6 board of directors of the school district indicating the school 7 district’s noncompliance. The bill provides that DE is to 8 allow the board of directors at least 14 days after receipt 9 of the notice of noncompliance to correct the violation prior 10 to taking any enforcement action. The bill establishes that, 11 in addition to any enforcement action already permitted under 12 Code section 256.11 (enforcement of educational standards), if 13 the board of directors fails to correct the violation within 14 14 days after receipt of the notice of noncompliance, DE is 15 required to assess a civil penalty against the school district 16 in an amount not less than $500 and not more than $5,000. The 17 bill authorizes the state board of education to adopt rules 18 to administer Code section 279.74. The bill also requires 19 the board of educational examiners to notify DE if the board 20 determines that any person who holds a license, certificate, 21 authorization, or statement of recognition issued by the board 22 may have violated this provision. The bill makes conforming 23 changes. 24 The bill requires the director of DE to develop and make 25 available on DE’s internet site a system to allow for a student 26 enrolled in a school district, or the parent or guardian of 27 a student enrolled in a school district, to report potential 28 violations of Code section 279.74. The bill requires the 29 director to compile the reports of potential violations and 30 submit the compilation of reports of potential violations to 31 the general assembly in an annual report each July 1. 32 -3- LSB 1635YC (3) 90 jda/jh 3/ 3