House File 929 - Introduced HOUSE FILE 929 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 156) A BILL FOR An Act relating to school districts, including by modifying 1 provisions related to closed sessions of meetings of the 2 boards of directors of school districts and school district 3 requirements to publish information regarding the school 4 district’s policies and procedures and educational materials 5 available to students enrolled in the school district. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1865HV (2) 91 jda/jh

H.F. 929 Section 1. Section 21.5, subsection 1, Code 2025, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . m. To hear and discuss, in a meeting of 3 the board of directors of a school district, the request of 4 a parent or guardian of a student enrolled in the school 5 district that is related to the removal of a book, article, 6 outline, handout, video, or other educational material that is 7 available to students in the classroom or in a library operated 8 by a school district that is submitted to the school district 9 pursuant to section 279.77, subsection 1, paragraph “a” . 10 Sec. 2. Section 279.77, subsections 2 and 3, Code 2025, are 11 amended to read as follows: 12 2. a. The board of directors of each school district shall 13 adopt a policy describing the procedures for the parent or 14 guardian of a student enrolled in the school district or a 15 resident of the school district to review the instructional 16 materials used in classrooms in the school district. The 17 policy shall include a process for a student’s parent or 18 guardian to request that the student not be provided with 19 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 in 24 the school district. 25 b. (1) For purposes of this section , “instructional 26 materials” means either all of the following: 27 (a) Either printed or electronic textbooks and related core 28 materials that are written and published primarily for use in 29 elementary school and secondary school instruction and are 30 required by a state educational agency or local educational 31 agency for use by students in the student’s classes by the 32 teacher of record. 33 (b) Any book, article, audio or visual clip, internet site, 34 digital material, or instructional handout that is assigned, 35 -1- LSB 1865HV (2) 91 jda/jh 1/ 10

H.F. 929 distributed, or otherwise presented to students in any course 1 for which students receive academic credit. 2 (2) “Instructional materials” does not include lesson plans. 3 3. Each school district shall make available on the school 4 district’s internet site a all of the following: 5 a. A comprehensive list of all books available to students 6 in libraries operated by the school district. However, for 7 school years beginning prior to July 1, 2025, if the school 8 district does not use an electronic catalog, the school 9 district may request a waiver from this requirement from the 10 department of education. 11 b. (1) (a) Commencing with the school year beginning 12 July 1, 2025, a list of all instructional materials used at 13 each attendance center in the school district in the current 14 school year, organized by subject area, grade level, and 15 teacher utilizing the instructional material. The list must 16 include the title and author of the instructional material, 17 or the organization associated with the production of the 18 instructional material, and if the instructional material 19 is accessed on the internet, the internet address where 20 the instructional material may be accessed, including, if 21 available, the specific internet address associated with the 22 instructional material that is used for student instruction. 23 If the instructional material is a worksheet or a handout, only 24 the worksheet’s or handout’s title or internet address where 25 the worksheet or handout may be accessed must be included in 26 the list. 27 (b) An instructional material must be included in the list 28 described in subparagraph division (a) within ten school days 29 after it is first used during classroom instructional time and 30 must be maintained on the list for at least two years. 31 (2) A school district may do any of the following with 32 respect to the list described in subparagraph (1): 33 (a) Post and update the list on an ongoing basis. 34 (b) Use a collaborative, internet-based document or 35 -2- LSB 1865HV (2) 91 jda/jh 2/ 10

H.F. 929 spreadsheet software, or an internet-based management system, 1 that allows multiple authorized users to update or add to the 2 list on an ongoing basis, if all of the following requirements 3 are satisfied: 4 (i) If updating or adding to the list using a collaborative, 5 internet-based document or spreadsheet software, the 6 information that is being updated or added is publicly 7 accessible on the school district’s internet site. 8 (ii) If updating or adding to the list using an 9 internet-based management system, temporary login credentials 10 must be generated immediately upon request and must provide 11 access for the requested grade levels for not less than 12 seventy-two hours at least once per thirty-day period for each 13 request. 14 (3) A school district may satisfy the requirements imposed 15 under subparagraph (1) by doing any of the following: 16 (a) Making available on the school district’s internet 17 site copies of the lesson plans submitted to a principal or 18 administrator by teachers employed by the school district for 19 the current school year. 20 (b) (i) Providing temporary login credentials that are 21 publicly accessible on the school district’s internet site that 22 allow a person to access the school district’s online learning 23 management system for any grade levels requested, if all of the 24 following requirements are satisfied: 25 (A) Any learning materials and activities that are used 26 for student instruction but are not recorded on a lesson plan 27 or on the online learning management system must be publicly 28 accessible on the school district’s internet site. 29 (B) The temporary login credentials must be generated 30 immediately upon request and must provide access for the 31 requested grade levels for not less than seventy-two hours at 32 least once per thirty-day period for each request. 33 (ii) A school district may limit the access provided 34 pursuant to subparagraph subdivision (i) to the learning 35 -3- LSB 1865HV (2) 91 jda/jh 3/ 10

H.F. 929 materials and activities used for instruction. Subparagraph 1 subdivision (i) shall not be construed to require a school 2 district to provide access to academic assessments, answer 3 keys, student-generated content, student performance records, 4 or any other information that may identify an individual 5 student. 6 (4) A school district shall not include the full name of a 7 teacher or staff member in the list described in subparagraph 8 (1) upon the request of the teacher or staff member. In such 9 case, the school district shall include the job title of the 10 teacher or staff member and the first initial of the teacher’s 11 or staff member’s last name. 12 Sec. 3. Section 279.77, Code 2025, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 4A. The board of directors of a school 15 district may arrange to meet in closed session, in accordance 16 with the provisions of section 21.5, to hear the request of a 17 parent or guardian of a student enrolled in the school district 18 that is related to the removal of a book, article, outline, 19 handout, video, or other educational material that is available 20 to students in the classroom or in a library operated by a 21 school district. 22 NEW SUBSECTION . 4B. a. Subject to paragraph “b” , only the 23 following persons may bring a civil action against the board of 24 directors of a school district to compel the school district to 25 comply with this section: 26 (1) The director of the department of education. 27 (2) The attorney general. 28 (3) The county attorney of the county in which an alleged 29 violation of this section occurred. 30 (4) A student enrolled in the school district, if the 31 student is eighteen years of age or older or an emancipated 32 minor. 33 (5) The parent or guardian of a student enrolled in the 34 school district, if the student is less than eighteen years of 35 -4- LSB 1865HV (2) 91 jda/jh 4/ 10

H.F. 929 age and not an emancipated minor. 1 b. A person described in paragraph “a” shall not bring 2 a civil action against the board of directors of a school 3 district to compel the school district to comply with this 4 section unless all of the following requirements are satisfied: 5 (1) The person has submitted a written complaint to the 6 applicable principal employed by the school district. The 7 person shall not submit more than one written complaint 8 pursuant to this subparagraph in any thirty-day period. 9 (2) The principal described in subparagraph (1) has 10 investigated the written complaint submitted pursuant to 11 subparagraph (1) and, within fifteen school days after receipt 12 of the complaint, submitted a written response to the person 13 who submitted the complaint containing a description of any 14 actions the principal took to resolve the complaint. 15 (3) The person who submitted the written complaint to the 16 principal determined that the actions taken by the principal 17 to resolve the complaint were not sufficient, and the person 18 subsequently submitted a written complaint to the board 19 of directors of the school district, or an administrator 20 designated by the board of directors of the school district, 21 describing the specific facts related to the alleged violation 22 of this section. 23 (4) The board of directors of the school district, or 24 an administrator designated by the board of directors of 25 the school district, has investigated the written complaint 26 submitted to the board of directors or the administrator 27 pursuant to subparagraph (3) and, within twenty-five school 28 days after receipt of the complaint, submitted a written 29 response to the person who submitted the complaint containing 30 a description of any actions the board of directors or the 31 administrator took to resolve the complaint. 32 (5) The person who submitted the written complaint to the 33 board of directors of the school district, or an administrator 34 designated by the board of directors of the school district, 35 -5- LSB 1865HV (2) 91 jda/jh 5/ 10

H.F. 929 determined that the actions taken by the board of directors or 1 the administrator to resolve the complaint were not sufficient. 2 c. (1) If a person described in paragraph “a” has satisfied 3 all of the requirements established in paragraph “b” , the person 4 may bring a civil action against the board of directors of a 5 school district to compel the school district to comply with 6 this section, including a civil action for a writ of mandamus. 7 If the person described in paragraph “a” is the prevailing party 8 in the civil action, the court shall award reasonable court 9 costs and attorney fees to the person. 10 (2) The board of directors of a school district’s failure 11 to obey orders of the court issued pursuant to this section 12 renders the board members who fail to obey the orders of 13 the court in contempt of the court and subject to penalties 14 provided for that offense. 15 NEW SUBSECTION . 4C. An attorney employed or retained by the 16 board of directors of a school district may request a formal 17 opinion of the attorney general or county attorney of the 18 county in which an alleged violation of this section occurred 19 related to whether the actions taken by the school district are 20 in compliance with this section. 21 Sec. 4. Section 279.77, subsection 5, paragraphs a and b, 22 Code 2025, are amended to read as follows: 23 a. Reproduce Physically or digitally reproduce educational 24 materials that were not created by a person employed by the 25 board of directors. 26 b. Distribute or disclose any educational materials in a 27 manner that would infringe on the intellectual property rights 28 of any person. 29 Sec. 5. Section 279.77, subsection 5, Code 2025, is amended 30 by adding the following new paragraphs: 31 NEW PARAGRAPH . c. Separately include the individual 32 components of textbooks or other instructional materials that 33 are produced as a single volume in any list required under 34 subsection 3. 35 -6- LSB 1865HV (2) 91 jda/jh 6/ 10

H.F. 929 NEW PARAGRAPH . d. Include in any list required under 1 subsection 3 any instructional materials that are used at an 2 attendance center that is utilized by less than thirty students 3 who are enrolled in the school district. 4 NEW PARAGRAPH . e. Include in any list required under 5 subsection 3 any instructional materials that are used only 6 for individualized special education instruction as part of a 7 student’s individualized education program. 8 NEW PARAGRAPH . f. Include in any list required under 9 subsection 3 any instructional materials that are used only for 10 the instruction of a student who has a plan under section 504 11 of the federal Rehabilitation Act, 29 U.S.C. §794. 12 NEW PARAGRAPH . g. Update any list required under subsection 13 3 when the internet address where an instructional material may 14 be accessed no longer functions. 15 NEW PARAGRAPH . h. Update any list required under subsection 16 3 to account for people retiring or otherwise discontinuing 17 employment at the school district. 18 Sec. 6. STATE MANDATE FUNDING SPECIFIED. In accordance 19 with section 25B.2, subsection 3, the state cost of requiring 20 compliance with any state mandate included in this Act shall 21 be paid by a school district from state school foundation aid 22 received by the school district under section 257.16. This 23 specification of the payment of the state cost shall be deemed 24 to meet all of the state funding-related requirements of 25 section 25B.2, subsection 3, and no additional state funding 26 shall be necessary for the full implementation of this Act 27 by and enforcement of this Act against all affected school 28 districts. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to school districts, including by 33 modifying provisions related to closed sessions of meetings of 34 the boards of directors of school districts and school district 35 -7- LSB 1865HV (2) 91 jda/jh 7/ 10

H.F. 929 requirements to publish information regarding the school 1 district’s policies and procedures and educational materials 2 available to students enrolled in the school district. 3 Current Code section 279.77 requires school districts to 4 adopt a policy describing the procedures for the parent or 5 guardian of a student, or a resident of the school district, 6 to review the instructional materials used in classrooms in 7 the school district. Current Code section 279.77 defines 8 “instructional materials” to mean either printed or electronic 9 textbooks and related core materials that are written and 10 published primarily for use in elementary school and secondary 11 school instruction and are required by a state educational 12 agency or local educational agency for use by students in 13 the student’s classes by the teacher of record. The bill 14 modifies the definition of “instructional materials” to 15 include any book, article, audio or visual clip, internet site, 16 digital material, or instructional handout that is assigned, 17 distributed, or otherwise presented to students in any course 18 for which students receive academic credit. 19 Current Code section 279.77 requires school districts 20 to make available on the school district’s internet site a 21 comprehensive list of all books available to students in 22 libraries operated by the school district. The bill provides 23 this provision to require school districts to also make 24 available on the school district’s internet site a list of 25 all instructional materials used at each attendance center 26 in the school district in the current school year, organized 27 by subject area, grade level, and teacher utilizing the 28 instructional material. The list must include the title and 29 author of the instructional material, or the organization 30 associated with the production of the instructional material, 31 and if the instructional material is accessed on the internet, 32 the internet address where the instructional material may be 33 accessed. The bill establishes other requirements related to 34 this list and alternative ways in which a school district may 35 -8- LSB 1865HV (2) 91 jda/jh 8/ 10

H.F. 929 comply with these requirements. 1 The bill provides that only the director of the department 2 of education, the attorney general, a county attorney, a 3 student, or a student’s parent or guardian may bring a civil 4 action against the board of directors of a school district 5 to compel the school district to comply with the provisions 6 of Code section 279.77. The bill establishes a process such 7 persons must follow before bringing such a civil action that 8 includes the submission of written complaints, opportunities 9 for the school district to remedy potential violations of 10 Code section 279.77, and written responses from the school 11 district describing actions taken. If a person has satisfied 12 all of the requirements associated with the process, the person 13 may bring a civil action, including an action for a writ of 14 mandamus, and if the person prevails, the court is required to 15 award reasonable court costs and attorney fees to the person. 16 The bill provides that the board of directors of a school 17 district’s failure to obey orders of the court issued pursuant 18 to Code section 279.77 renders the board members who fail to 19 obey the orders of the court in contempt of the court and 20 subject to penalties provided for that offense. 21 The bill authorizes an attorney employed or retained by the 22 board of directors of a school district to request a formal 23 opinion of the attorney general or a county attorney related 24 to whether the actions taken by the school district are in 25 compliance with Code section 279.77. 26 The bill provides that Code section 279.77 shall not be 27 construed to require a school district to separately include 28 the individual components of textbooks or other instructional 29 materials that are produced as a single volume in any required 30 list; include in any required list instructional materials 31 that are used at an attendance center that is utilized by less 32 than 30 students, instructional materials that are used only 33 for individualized special education instruction as part of a 34 student’s individualized education program, or instructional 35 -9- LSB 1865HV (2) 91 jda/jh 9/ 10

H.F. 929 materials that are used only for the instruction of a student 1 who has a plan under section 504 of the federal Rehabilitation 2 Act; or update any required list when the internet address 3 where an instructional material may be accessed no longer 4 functions or to account for people retiring or otherwise 5 discontinuing employment at the school district. 6 The bill authorizes the board of directors of a school 7 district to arrange to meet in a closed session, in accordance 8 with the state’s open meetings requirements, to hear the 9 request of a parent or guardian of a student enrolled in the 10 school district that is related to the removal of a book, 11 article, outline, handout, video, or other educational material 12 that is available to students in the classroom or in a library 13 operated by a school district. 14 The bill may include a state mandate as defined in Code 15 section 25B.3. The bill requires that the state cost of 16 any state mandate included in the bill be paid by a school 17 district from state school foundation aid received by the 18 school district under Code section 257.16. The specification 19 is deemed to constitute state compliance with any state mandate 20 funding-related requirements of Code section 25B.2. The 21 inclusion of this specification is intended to reinstate the 22 requirement of political subdivisions to comply with any state 23 mandates included in the bill. 24 -10- LSB 1865HV (2) 91 jda/jh 10/ 10