House File 2705 - Introduced HOUSE FILE 2705 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 717) A BILL FOR An Act relating to entities supported in whole or in part by 1 taxation, including by modifying provisions related to the 2 duties and responsibilities of the directors and officers 3 of school boards, school improvement advisory committees, 4 electronic bidding on public bonds, statewide school 5 infrastructure funding, open enrollment, and the membership 6 and voting units of county and city conference boards, and 7 including applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 9 TLSB 6836HV (2) 91 jda/jh
H.F. 2705 DIVISION I 1 SCHOOL BOARD AND OFFICERS —— DUTIES AND RESPONSIBILITIES 2 Section 1. Section 279.6, subsection 1, paragraph a, Code 3 2026, is amended to read as follows: 4 a. Except as provided in paragraph “b” and subsection 5 2 , vacancies occurring among the officers or members of a 6 school board shall be filled by the board by appointment. A 7 person so appointed to fill a vacancy in an elective office 8 shall hold office until a successor is elected and qualified 9 at the next regular school election, unless there is an 10 intervening special election for the school district, in which 11 event a successor shall be elected at the intervening special 12 election, in accordance with section 69.12 . To fill a vacancy 13 occurring among the members of a school board, the board shall 14 publish notice on the board’s internet site and in the manner 15 prescribed by section 279.36 , stating that the board intends to 16 fill the vacancy by appointment but that the electors of the 17 school district have the right to file a petition requiring 18 that the vacancy be filled by a special election conducted 19 pursuant to section 279.7 . The board may publish notice in 20 advance if a member of the board submits a resignation to take 21 effect at a future date. The board may make an appointment to 22 fill the vacancy after the notice is published or after the 23 vacancy occurs, whichever is later. 24 Sec. 2. NEW SECTION . 279.8C Board of directors —— access 25 to information. 26 1. The board of directors of a school district shall have 27 access to and may review any of the following: 28 a. The curriculum associated with any instruction provided 29 to students enrolled in the school district. 30 b. Materials located in a library operated by the school 31 district, including a library located in a classroom. 32 2. A school district shall not prohibit a member of the 33 board of directors of the school district from attending 34 classes taught by teachers employed by the school district 35 -1- LSB 6836HV (2) 91 jda/jh 1/ 13
H.F. 2705 to observe classroom instruction, not for the purpose of 1 evaluation, if the member has provided reasonable prior notice 2 to the superintendent and principal of the attendance center 3 in which the classes are taught and to the teacher providing 4 the instruction. 5 3. a. A school district shall not prohibit a member of 6 the board of directors of the school district from accessing 7 materials used in a professional development program that 8 the school district, or an administrator employed by the 9 school district, requires employees of the school district to 10 attend. This paragraph shall not be construed to authorize 11 a member of the board of directors of the school district to 12 access an individual teacher professional development plan 13 developed pursuant to section 284.6 or any materials related 14 to an intensive assistance program a teacher is required to 15 participate in pursuant to section 284.8. 16 b. A school district, or an administrator employed by the 17 school district, shall provide copies of materials used in a 18 professional development program that the school district, or 19 an administrator employed by the school district, requires 20 employees of the school district to attend to a member of the 21 board of directors of the school district upon request. This 22 paragraph shall not be construed to require a school district, 23 or an administrator employed by the school district, to provide 24 copies of an individual teacher professional development plan 25 developed pursuant to section 284.6, or any materials related 26 to an intensive assistance program a teacher is required to 27 participate in pursuant to section 284.8, to a member of the 28 board of directors of the school district. 29 4. For purposes of this section, “professional development 30 program” means the same as defined in section 256.145. 31 Sec. 3. Section 279.20, subsection 2, Code 2026, 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 -2- LSB 6836HV (2) 91 jda/jh 2/ 13
H.F. 2705 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. 4. Section 279.35, Code 2026, is amended to read as 13 follows: 14 279.35 Publication of proceedings. 15 1. The proceedings of each regular, adjourned, or special 16 meeting of the board, including the schedule of bills allowed, 17 shall be published after the adjournment of the meeting in 18 the manner provided in this section and section 279.36 , and 19 the publication of the schedule of the bills allowed shall 20 must include a list of claims allowed , including salary claims 21 for services performed . The schedule of bills allowed may 22 be published on a once monthly basis in lieu of publication 23 with the proceedings of each meeting of the board. The list 24 of claims allowed shall must include the name of the person 25 or firm making the claim , the purpose of the claim, and 26 the amount of the claim. If the purpose for the claims is 27 the same, two Two or more claims made by the same vendor, 28 supplier, or claimant may be consolidated if the number of 29 claims consolidated and the total consolidated claim amount are 30 listed in the statement. However, the board shall provide at 31 its office upon request an unconsolidated list of all claims 32 allowed. 33 2. Salaries paid to individuals regularly employed by the 34 district shall only be published annually on the district’s 35 -3- LSB 6836HV (2) 91 jda/jh 3/ 13
H.F. 2705 internet site and the publication shall must include the total 1 amount of the annual salary of each employee and must remain 2 on the district’s internet site for at least thirty days 3 after publication . The secretary shall furnish a copy of the 4 proceedings to be published publish a link to the publication 5 within two weeks following the adjournment of the meeting. The 6 link must be prominently displayed on the district’s internet 7 site. 8 Sec. 5. Section 280.12, subsections 2 and 3, Code 2026, 9 are amended by striking the subsections and inserting in lieu 10 thereof the following: 11 2. Utilize the recommendations of the school improvement 12 advisory committee to determine school district or accredited 13 nonpublic school needs, including but not limited to all of the 14 following: 15 a. Major educational needs. 16 b. Student learning goals. 17 c. Long-range and annual improvement goals. 18 d. Desired levels of student performance. 19 e. Harassment or bullying prevention goals. 20 3. Monitor school district and accredited nonpublic school 21 progress toward meeting the goals described in subsection 2. 22 Sec. 6. Section 291.1, Code 2026, is amended to read as 23 follows: 24 291.1 President —— duties. 25 The president of the board of directors shall preside at 26 all of its meetings, sign all contracts made by the board, and 27 appear on behalf of the corporation in all actions brought 28 by or against it, unless individually a party, in which case 29 this duty shall be performed by the secretary. The president 30 or the president’s designee shall have the authority to enter 31 into original contracts or electronic contracts pursuant 32 to chapter 554D and sign, using an original or signature, 33 facsimile signature, or an electronic signature, as defined 34 in section 554D.103, all school district payments drawn and 35 -4- LSB 6836HV (2) 91 jda/jh 4/ 13
H.F. 2705 authorize electronic funds transfers as provided by law. The 1 board of directors, by resolution, may designate an individual, 2 who shall not be the secretary, to sign payments or authorize 3 electronic funds transfers on behalf of the president pursuant 4 to this section . 5 DIVISION II 6 ELECTRONIC BIDS ON PUBLIC BONDS 7 Sec. 7. Section 75.14, Code 2026, is amended to read as 8 follows: 9 75.14 Electronic bidding. 10 Notwithstanding contrary provisions of this chapter , 11 including section 75.3, a public body authorized to issue 12 bonds, notes, or other obligations may elect to receive bids to 13 purchase such bonds, notes, or other obligations by means of 14 electronic, internet or wireless communication; a proprietary 15 bidding procedure or system; or by facsimile transmission 16 to a location deemed appropriate by the governing body, in 17 each instance as may be approved by the governing body and 18 provided for in the notice of sale. An electronic bid shall 19 be submitted in substantial conformity with the requirements 20 of chapter 554D and any rules adopted pursuant to that chapter 21 with respect to the acceptance of electronic records by a 22 governmental agency. Additionally, before approving the use 23 of an electronic bidding procedure, the public body shall find 24 and determine that the specific procedure to be used will 25 provide reasonable security and maintain the integrity of 26 the competitive bidding process, and facilitate the delivery 27 of bids by interested parties under the circumstances of the 28 particular sale. 29 DIVISION III 30 SCHOOL DISTRICT FLEXIBILITY ACCOUNTS 31 Sec. 8. Section 298A.2, subsection 2, paragraph a, Code 32 2026, is amended by adding the following new subparagraph: 33 NEW SUBPARAGRAPH . (02) Teacher salary supplement funds 34 received under section 257.10, subsection 9. 35 -5- LSB 6836HV (2) 91 jda/jh 5/ 13
H.F. 2705 DIVISION IV 1 STATEWIDE SCHOOL INFRASTRUCTURE FUNDING 2 Sec. 9. Section 423F.3, subsection 4, Code 2026, is amended 3 to read as follows: 4 4. The revenues received pursuant to this chapter shall 5 be expended for the purposes specified in the revenue purpose 6 statement. If a board of directors has not approved a revenue 7 purpose statement, the revenues shall be expended in the order 8 listed in subsection 1 except that the payment of bonds for 9 which the revenues have been pledged shall be paid first. 10 Once approved, a revenue purpose statement is effective until 11 amended or repealed by the foregoing procedures. A revenue 12 purpose statement shall not be amended or repealed to reduce 13 the amount of revenue pledged to the payment of principal and 14 interest on bonds as long as any bonds authorized by sections 15 423E.5 and 423F.4 are outstanding unless funds sufficient 16 to pay principal, interest, and premium, if any, on the 17 outstanding obligations at or prior to maturity have been 18 properly set aside and pledged for that purpose. A school 19 district affected by a reorganization under chapter 275 that 20 has issued bonds under section 423E.5, Code 2023, or section 21 423F.4 and that has not approved a revenue purpose statement 22 shall first use revenues to make timely and sufficient payment 23 of principal and interest, and premium if applicable, on the 24 outstanding bonds. 25 DIVISION V 26 OPEN ENROLLMENT 27 Sec. 10. Section 282.18, subsection 13, Code 2026, is 28 amended to read as follows: 29 13. a. If a pupil, for whom a request to transfer has 30 been filed with a district, has been suspended or expelled in 31 the district, the pupil shall not be permitted to transfer 32 until the pupil has been reinstated in the sending district. 33 Once the pupil has been reinstated, however, the pupil shall 34 be permitted to transfer in the same manner as if the pupil 35 -6- LSB 6836HV (2) 91 jda/jh 6/ 13
H.F. 2705 had not been suspended or expelled by the sending district. 1 If a pupil, for whom a request to transfer has been filed 2 with a district, is expelled in the district, the pupil 3 shall be permitted to transfer to a receiving district under 4 this section if the pupil applies for and is reinstated in 5 the sending district. However, if the pupil applies for 6 reinstatement but is not reinstated in the sending district, 7 the receiving district may deny the request to transfer. The 8 decision of the receiving district is not subject to appeal. 9 b. (1) If a pupil, for whom a request to transfer has been 10 filed with a district, is chronically absent as defined in 11 section 299.12, participating in a school engagement meeting 12 under section 299.12, subsection 3, or currently a party to 13 an absenteeism prevention plan entered into under section 14 299.12, subsection 3, the pupil shall not be permitted to 15 transfer until the pupil is no longer chronically absent, no 16 longer participating in the school engagement meeting, or no 17 longer a party to the absenteeism prevention plan. Once the 18 pupil is no longer chronically absent, no longer participating 19 in the school engagement meeting, and no longer a party to 20 an absenteeism prevention plan, the pupil shall be permitted 21 to transfer in the same manner as if the pupil had not been 22 chronically absent, participating in a school engagement 23 meeting, or a party to an absenteeism prevention plan. 24 (2) Notwithstanding subparagraph (1), a pupil who is 25 chronically absent as defined in section 299.12, participating 26 in a school engagement meeting under section 299.12, subsection 27 3, or currently a party to an absenteeism prevention plan 28 entered into under section 299.12, subsection 3, and for whom 29 a request to transfer has been filed with a district, may be 30 permitted to transfer if the receiving district approves the 31 request to transfer. 32 Sec. 11. APPLICABILITY. This division of this Act applies 33 to applications and notifications related to open enrollment 34 submitted under section 282.18 on or after the effective date 35 -7- LSB 6836HV (2) 91 jda/jh 7/ 13
H.F. 2705 of this division of this Act. 1 DIVISION VI 2 COUNTY CONFERENCE BOARD 3 Sec. 12. Section 441.2, Code 2026, is amended to read as 4 follows: 5 441.2 Conference board. 6 In each county and each city having an assessor there 7 shall be established a conference board. In counties the 8 conference board shall consist of the mayors or a designated 9 member of a city council of all incorporated cities in the 10 county whose property is assessed by the county assessor; one 11 representative from the board of directors of each high school 12 district of containing a high school in the county, who is a 13 resident of the county , said board of directors appointing said 14 representative for a one-year term and notifying the clerk of 15 the conference board as to their representative ; and members 16 of the board of supervisors. In cities having an assessor 17 the conference board shall consist of the members of the city 18 council, school board the board of directors of each school 19 district containing a high school in the city , and county board 20 of supervisors. In the counties the chairperson of the board 21 of supervisors shall act as chairperson of the conference 22 board, in cities having an assessor the mayor of the city 23 council shall act as chairperson of the conference board. In 24 any action taken by the conference board, the mayors of all 25 incorporated cities in the county whose property is assessed 26 by the county assessor shall constitute one voting unit, the 27 members of the city board of education board of directors of 28 each school district containing a high school in the city or 29 one representative from the board of directors of each high 30 school district of containing a high school in the county shall 31 constitute one voting unit, the members of the city council 32 shall constitute one voting unit, and the county board of 33 supervisors shall constitute one voting unit, each unit having 34 a single vote and no action shall be valid except by the vote of 35 -8- LSB 6836HV (2) 91 jda/jh 8/ 13
H.F. 2705 not less than two out of the three units. In any action taken 1 by the conference board, if a city or a county contains only 2 one school district containing a high school, the members of 3 or the representative of the board of directors of the school 4 district, as applicable, shall constitute one voting unit. 5 The majority vote of the members present of each unit shall 6 determine the vote of the unit. The assessor shall be clerk of 7 the conference board. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to entities supported in whole or in part 12 by taxation, including by modifying provisions related to the 13 duties and responsibilities of the directors and officers 14 of school boards, school improvement advisory committees, 15 electronic bidding on public bonds, statewide school 16 infrastructure funding, open enrollment, and the membership and 17 voting units of county and city conference boards. 18 DIVISION I —— SCHOOL BOARD AND OFFICERS —— DUTIES AND 19 RESPONSIBILITIES. Code section 279.6 provides a process to 20 fill vacancies occurring among the members of a school board. 21 This process requires, among other things, the publication in 22 a newspaper of notice stating that the board intends to fill 23 the vacancy by appointment. The bill requires notice to be 24 provided by publication on the board’s internet site as well. 25 The bill authorizes the board of directors of a school 26 district to have access to and review the curriculum associated 27 with any instruction provided to students enrolled in the 28 school district, and materials located in a library operated 29 by the school district. 30 The bill provides that a school district shall not prohibit 31 a member of the board of directors of the school district from 32 attending classes taught by teachers employed by the school 33 district to observe classroom instruction if the member has 34 provided reasonable prior notice to the superintendent, the 35 -9- LSB 6836HV (2) 91 jda/jh 9/ 13
H.F. 2705 principal, and the teacher providing the instruction. 1 The bill provides that a school district shall not prohibit 2 a member of the board of directors of the school district 3 from accessing materials used in a professional development 4 program that the school district, or an administrator employed 5 by the school district, requires employees of the school 6 district to attend. The bill requires a school district, or 7 an administrator employed by the school district, to provide 8 copies of materials used in a professional development program 9 that the school district, or an administrator employed by the 10 school district, requires employees of the school district to 11 attend to a member of the board of directors of the school 12 district upon request. 13 The bill defines “professional development program” to mean 14 a course or program which is offered by a person or agency for 15 the purpose of providing continuing education for the renewal 16 or upgrading of a practitioner’s license. 17 The bill authorizes the board of directors of a school 18 district and the superintendent, in certain specified 19 circumstances, to use electronic signatures and electronic 20 contracts pursuant to Code chapter 554D (electronic 21 transactions) and facsimile signatures when entering into 22 contracts to hire support personnel. 23 Current law requires the proceedings of each meeting of the 24 board of directors of a school district, including the schedule 25 of bills allowed, to be published after the adjournment of the 26 meeting. Under current law, the publication of the schedule 27 of the bills allowed shall include a list of claims allowed, 28 including salary claims for services performed. The bill 29 modifies this provision to provide that the schedule of the 30 bills allowed must include only a list of claims allowed. The 31 bill provides that the list of claims allowed must include the 32 name of the person or firm making the claim and the amount 33 of the claim. The bill also provides that salaries paid to 34 individuals employed by the school district shall only be 35 -10- LSB 6836HV (2) 91 jda/jh 10/ 13
H.F. 2705 published annually on the district’s internet site and the 1 publication must include the total amount of the annual salary 2 of each employee and must remain on the district’s internet 3 site for at least 30 days after publication. The secretary is 4 required to publish a link to the publication within two weeks 5 following the adjournment of the meeting. The link must be 6 prominently displayed on the school district’s internet site. 7 The bill modifies provisions related to the duties of school 8 improvement advisory committees, including by requiring school 9 improvement advisory committees to monitor school district and 10 accredited nonpublic school progress toward meeting certain 11 specified goals. 12 The bill authorizes the president of the board of directors 13 of a school district, or the president’s designee, to enter 14 into original contracts or electronic contracts pursuant to 15 Code chapter 554D and sign, using an original, facsimile, or 16 electronic signature, all school district payments drawn and 17 authorize electronic funds transfers as provided by law. 18 DIVISION II —— ELECTRONIC BIDS ON PUBLIC BONDS. Code section 19 75.14 provides that, notwithstanding contrary provisions of 20 Code chapter 75 (authorization and sale of public bonds), a 21 public body authorized to issue bonds or other obligations 22 may elect to receive bids to purchase such bonds or other 23 obligations by means of electronic communication, a proprietary 24 bidding procedure, or by facsimile transmission to a location 25 deemed appropriate by the governing body. The bill adds a 26 reference to Code section 75.3 (sealed and open bids) to the 27 notwithstanding provision. 28 DIVISION III —— SCHOOL DISTRICT FLEXIBILITY ACCOUNTS. The 29 bill authorizes school districts to transfer all or a portion 30 of the unexpended and unobligated teacher salary supplement 31 funds to the school district’s flexibility account within the 32 general fund. 33 DIVISION IV —— STATEWIDE SCHOOL INFRASTRUCTURE FUNDING. The 34 bill requires a school district affected by a reorganization 35 -11- LSB 6836HV (2) 91 jda/jh 11/ 13
H.F. 2705 that has issued bonds under Code section 423E.5 (school 1 infrastructure funding formula —— bonding), Code 2023, or Code 2 section 423F.4 (borrowing authority for school districts) and 3 that has not approved a revenue purpose statement to first use 4 revenues to make timely and sufficient payment of principal and 5 interest and premium, if applicable, on the outstanding bonds. 6 DIVISION V —— OPEN ENROLLMENT. The bill provides that if 7 a pupil, for whom a request to open enroll has been filed 8 with a district, is chronically absent as defined in Code 9 section 299.12 (failure to attend), participating in a school 10 engagement meeting under Code section 299.12, or currently a 11 party to an absenteeism prevention plan entered into under Code 12 section 299.12, the pupil is prohibited from transferring until 13 the pupil is no longer chronically absent, participating in 14 the school engagement meeting, or a party to the absenteeism 15 prevention plan; provided, however, that the bill authorizes 16 such a pupil to transfer if the receiving district approves the 17 request to transfer. Once the pupil is no longer chronically 18 absent, no longer participating in the school engagement 19 meeting, and no longer a party to an absenteeism prevention 20 plan, the pupil is permitted to transfer. Current Code section 21 282.18(16) provides that an application for open enrollment 22 may be granted at any time with approval of the resident 23 and receiving districts. The bill does not modify this 24 provision. This division of the bill applies to applications 25 and notifications related to open enrollment submitted on or 26 after the division’s effective date. 27 DIVISION VI —— COUNTY CONFERENCE BOARDS. Current law 28 provides that each county and each city having an assessor 29 shall have a conference board. Current law also provides 30 that in counties, the conference board shall consist of 31 the mayors of all incorporated cities in the county whose 32 property is assessed by the county assessor, one representative 33 from the board of directors of each high school district of 34 the county, who is a resident of the county, said board of 35 -12- LSB 6836HV (2) 91 jda/jh 12/ 13
H.F. 2705 directors appointing said representative for a one-year term 1 and notifying the clerk of the conference board as to their 2 representative, and members of the board of supervisors. The 3 bill modifies this provision to require that the conference 4 board consist of the mayors or a designated member of a city 5 council. The bill also modifies this provision by replacing 6 references to high school districts with references to school 7 districts containing a high school. 8 The bill strikes the requirement that the board of directors 9 of a high school district appoint a representative for a 10 one-year term and notify the clerk of the conference board as 11 to the identity of the representative. 12 The bill provides that, in any action taken by the conference 13 board, if a city or a county contains only one school district 14 containing a high school, the members of or the representative 15 of the board of directors of the school district, as 16 applicable, shall constitute one voting unit. 17 -13- LSB 6836HV (2) 91 jda/jh 13/ 13