House
Study
Bill
156
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
WHEELER)
A
BILL
FOR
An
Act
modifying
provisions
related
to
school
district
1
requirements
to
publish
information
regarding
the
school
2
district’s
policies
and
procedures
and
educational
materials
3
available
to
students
in
the
school
district.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
279.77,
subsections
2
and
3,
Code
2025,
1
are
amended
to
read
as
follows:
2
2.
a.
The
board
of
directors
of
each
school
district
shall
3
adopt
a
policy
describing
the
procedures
for
the
parent
or
4
guardian
of
a
student
enrolled
in
the
school
district
or
a
5
resident
of
the
school
district
to
review
the
instructional
6
materials
used
in
classrooms
in
the
school
district.
The
7
policy
shall
include
a
process
for
a
student’s
parent
or
8
guardian
to
request
that
the
student
not
be
provided
with
9
certain
instructional
materials.
The
policy
shall
be
10
prominently
displayed
on
the
school
district’s
internet
site
11
and
the
board
of
directors
of
the
school
district
shall,
at
12
least
annually,
provide
a
written
or
electronic
copy
of
the
13
policy
to
the
parent
or
guardian
of
each
student
enrolled
in
14
the
school
district.
15
b.
(1)
For
purposes
of
this
section
,
“instructional
16
materials”
means
either
all
of
the
following:
17
(a)
Either
printed
or
electronic
textbooks
and
related
core
18
materials
that
are
written
and
published
primarily
for
use
in
19
elementary
school
and
secondary
school
instruction
and
are
20
required
by
a
state
educational
agency
or
local
educational
21
agency
for
use
by
students
in
the
student’s
classes
by
the
22
teacher
of
record.
23
(b)
Any
book,
article,
audio
or
visual
clip,
internet
site,
24
digital
material,
or
instructional
handout
that
is
assigned,
25
distributed,
or
otherwise
presented
to
students
in
any
course
26
for
which
students
receive
academic
credit.
27
(2)
“Instructional
materials”
does
not
include
lesson
plans.
28
3.
Each
school
district
shall
make
available
on
the
school
29
district’s
internet
site
a
all
of
the
following:
30
a.
A
comprehensive
list
of
all
books
available
to
students
31
in
libraries
operated
by
the
school
district.
However,
for
32
school
years
beginning
prior
to
July
1,
2025,
if
the
school
33
district
does
not
use
an
electronic
catalog,
the
school
34
district
may
request
a
waiver
from
this
requirement
from
the
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department
of
education.
1
b.
(1)
(a)
Commencing
with
the
school
year
beginning
2
July
1,
2025,
a
list
of
all
instructional
materials
used
at
3
each
attendance
center
in
the
school
district
in
the
current
4
school
year,
organized
by
subject
area,
grade
level,
and
5
teacher
utilizing
the
instructional
material.
The
list
must
6
include
the
title
and
author
of
the
instructional
material,
7
or
the
organization
associated
with
the
production
of
the
8
instructional
material,
and
if
the
instructional
material
9
is
accessed
on
the
internet,
the
internet
address
where
10
the
instructional
material
may
be
accessed,
including,
if
11
available,
the
specific
internet
address
associated
with
the
12
instructional
material
that
is
used
for
student
instruction.
13
If
the
instructional
material
is
a
worksheet
or
a
handout,
only
14
the
worksheet’s
or
handout’s
title
or
internet
address
where
15
the
worksheet
or
handout
may
be
accessed
must
be
included
in
16
the
list.
17
(b)
An
instructional
material
must
be
included
in
the
list
18
described
in
subparagraph
division
(a)
within
ten
school
days
19
after
it
is
first
used
during
classroom
instructional
time
and
20
must
be
maintained
on
the
list
for
at
least
two
years.
21
(2)
A
school
district
may
do
any
of
the
following
with
22
respect
to
the
list
described
in
subparagraph
(1):
23
(a)
Post
and
update
the
list
on
an
ongoing
basis.
24
(b)
Use
a
collaborative,
internet-based
document
or
25
spreadsheet
software,
or
an
internet-based
management
system,
26
that
allows
multiple
authorized
users
to
update
or
add
to
the
27
list
on
an
ongoing
basis,
if
all
of
the
following
requirements
28
are
satisfied:
29
(i)
If
updating
or
adding
to
the
list
using
a
collaborative,
30
internet-based
document
or
spreadsheet
software,
the
31
information
that
is
being
updated
or
added
is
publicly
32
accessible
on
the
school
district’s
internet
site.
33
(ii)
If
updating
or
adding
to
the
list
using
an
34
internet-based
management
system,
temporary
login
credentials
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must
be
generated
immediately
upon
request
and
must
provide
1
access
for
the
requested
grade
levels
for
not
less
than
2
seventy-two
hours
at
least
once
per
thirty-day
period
for
each
3
request.
4
(3)
A
school
district
may
satisfy
the
requirements
imposed
5
under
subparagraph
(1)
by
doing
any
of
the
following:
6
(a)
Making
available
on
the
school
district’s
internet
7
site
copies
of
the
lesson
plans
submitted
to
a
principal
or
8
administrator
by
teachers
employed
by
the
school
district
for
9
the
current
school
year.
10
(b)
(i)
Providing
temporary
login
credentials
that
are
11
publicly
accessible
on
the
school
district’s
internet
site
that
12
allow
a
person
to
access
the
school
district’s
online
learning
13
management
system
for
any
grade
levels
requested,
if
all
of
the
14
following
requirements
are
satisfied:
15
(A)
Any
learning
materials
and
activities
that
are
used
16
for
student
instruction
but
are
not
recorded
on
a
lesson
plan
17
or
on
the
online
learning
management
system
must
be
publicly
18
accessible
on
the
school
district’s
internet
site.
19
(B)
The
temporary
login
credentials
must
be
generated
20
immediately
upon
request
and
must
provide
access
for
the
21
requested
grade
levels
for
not
less
than
seventy-two
hours
at
22
least
once
per
thirty-day
period
for
each
request.
23
(ii)
A
school
district
may
limit
the
access
provided
24
pursuant
to
subparagraph
subdivision
(i)
to
the
learning
25
materials
and
activities
used
for
instruction.
Subparagraph
26
subdivision
(i)
shall
not
be
construed
to
require
a
school
27
district
to
provide
access
to
academic
assessments,
answer
28
keys,
student-generated
content,
student
performance
records,
29
or
any
other
information
that
may
identify
an
individual
30
student.
31
(4)
A
school
district
shall
not
include
the
full
name
of
a
32
teacher
or
staff
member
in
the
list
described
in
subparagraph
33
(1)
upon
the
request
of
the
teacher
or
staff
member.
In
such
34
case,
the
school
district
shall
include
the
job
title
of
the
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teacher
or
staff
member
and
the
first
initial
of
the
teacher’s
1
or
staff
member’s
last
name.
2
Sec.
2.
Section
279.77,
Code
2025,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
4A.
a.
Subject
to
paragraph
“b”
,
only
the
5
following
persons
may
bring
a
civil
action
against
the
board
of
6
directors
of
a
school
district
to
compel
the
school
district
to
7
comply
with
this
section:
8
(1)
The
director
of
the
department
of
education.
9
(2)
The
attorney
general.
10
(3)
The
county
attorney
of
the
county
in
which
an
alleged
11
violation
of
this
section
occurred.
12
(4)
A
student
enrolled
in
the
school
district,
if
the
13
student
is
eighteen
years
of
age
or
older
or
an
emancipated
14
minor.
15
(5)
The
parent
or
guardian
of
a
student
enrolled
in
the
16
school
district,
if
the
student
is
less
than
eighteen
years
of
17
age
and
not
an
emancipated
minor.
18
b.
A
person
described
in
paragraph
“a”
shall
not
bring
19
a
civil
action
against
the
board
of
directors
of
a
school
20
district
to
compel
the
school
district
to
comply
with
this
21
section
unless
all
of
the
following
requirements
are
satisfied:
22
(1)
The
person
has
submitted
a
written
complaint
to
the
23
applicable
principal
employed
by
the
school
district.
The
24
person
shall
not
submit
more
than
one
written
complaint
25
pursuant
to
this
subparagraph
in
any
thirty-day
period.
26
(2)
The
principal
described
in
subparagraph
(1)
has
27
investigated
the
written
complaint
submitted
pursuant
to
28
subparagraph
(1)
and,
within
fifteen
school
days
after
receipt
29
of
the
complaint,
submitted
a
written
response
to
the
person
30
who
submitted
the
complaint
containing
a
description
of
any
31
actions
the
principal
took
to
resolve
the
complaint.
32
(3)
The
person
who
submitted
the
written
complaint
to
the
33
principal
determined
that
the
actions
taken
by
the
principal
34
to
resolve
the
complaint
were
not
sufficient,
and
the
person
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subsequently
submitted
a
written
complaint
to
the
board
1
of
directors
of
the
school
district,
or
an
administrator
2
designated
by
the
board
of
directors
of
the
school
district,
3
describing
the
specific
facts
related
to
the
alleged
violation
4
of
this
section.
5
(4)
The
board
of
directors
of
the
school
district,
or
6
an
administrator
designated
by
the
board
of
directors
of
7
the
school
district,
has
investigated
the
written
complaint
8
submitted
to
the
board
of
directors
or
the
administrator
9
pursuant
to
subparagraph
(3)
and,
within
twenty-five
school
10
days
after
receipt
of
the
complaint,
submitted
a
written
11
response
to
the
person
who
submitted
the
complaint
containing
12
a
description
of
any
actions
the
board
of
directors
or
the
13
administrator
took
to
resolve
the
complaint.
14
(5)
The
person
who
submitted
the
written
complaint
to
the
15
board
of
directors
of
the
school
district,
or
an
administrator
16
designated
by
the
board
of
directors
of
the
school
district,
17
determined
that
the
actions
taken
by
the
board
of
directors
or
18
the
administrator
to
resolve
the
complaint
were
not
sufficient.
19
c.
(1)
If
a
person
described
in
paragraph
“a”
has
satisfied
20
all
of
the
requirements
established
in
paragraph
“b”
,
the
person
21
may
bring
a
civil
action
against
the
board
of
directors
of
a
22
school
district
to
compel
the
school
district
to
comply
with
23
this
section,
including
a
civil
action
for
a
writ
of
mandamus.
24
If
the
person
described
in
paragraph
“a”
is
the
prevailing
party
25
in
the
civil
action,
the
court
shall
award
reasonable
court
26
costs
and
attorney
fees
to
the
person.
27
(2)
The
board
of
directors
of
a
school
district’s
failure
28
to
obey
orders
of
the
court
issued
pursuant
to
this
section
29
renders
the
board
members
who
fail
to
obey
the
orders
of
30
the
court
in
contempt
of
the
court
and
subject
to
penalties
31
provided
for
that
offense.
32
NEW
SUBSECTION
.
4B.
An
attorney
employed
or
retained
by
the
33
board
of
directors
of
a
school
district
may
request
a
formal
34
opinion
of
the
attorney
general
or
county
attorney
of
the
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county
in
which
an
alleged
violation
of
this
section
occurred
1
related
to
whether
the
actions
taken
by
the
school
district
are
2
in
compliance
with
this
section.
3
Sec.
3.
Section
279.77,
subsection
5,
paragraphs
a
and
b,
4
Code
2025,
are
amended
to
read
as
follows:
5
a.
Reproduce
Physically
or
digitally
reproduce
educational
6
materials
that
were
not
created
by
a
person
employed
by
the
7
board
of
directors.
8
b.
Distribute
or
disclose
any
educational
materials
in
a
9
manner
that
would
infringe
on
the
intellectual
property
rights
10
of
any
person.
11
Sec.
4.
Section
279.77,
subsection
5,
Code
2025,
is
amended
12
by
adding
the
following
new
paragraphs:
13
NEW
PARAGRAPH
.
c.
Separately
include
the
individual
14
components
of
textbooks
or
other
instructional
materials
that
15
are
produced
as
a
single
volume
in
any
list
required
under
16
subsection
3.
17
NEW
PARAGRAPH
.
d.
Include
in
any
list
required
under
18
subsection
3
any
instructional
materials
that
are
used
at
an
19
attendance
center
that
is
utilized
by
less
than
thirty
students
20
who
are
enrolled
in
the
school
district.
21
NEW
PARAGRAPH
.
e.
Include
in
any
list
required
under
22
subsection
3
any
instructional
materials
that
are
used
only
23
for
individualized
special
education
instruction
as
part
of
a
24
student’s
individualized
education
program.
25
NEW
PARAGRAPH
.
f.
Include
in
any
list
required
under
26
subsection
3
any
instructional
materials
that
are
used
only
for
27
the
instruction
of
a
student
who
has
a
plan
under
section
504
28
of
the
federal
Rehabilitation
Act,
29
U.S.C.
§794.
29
NEW
PARAGRAPH
.
g.
Update
any
list
required
under
subsection
30
3
when
the
internet
address
where
an
instructional
material
may
31
be
accessed
no
longer
functions.
32
NEW
PARAGRAPH
.
h.
Update
any
list
required
under
subsection
33
3
to
account
for
people
retiring
or
otherwise
discontinuing
34
employment
at
the
school
district.
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Sec.
5.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
1
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
2
compliance
with
any
state
mandate
included
in
this
Act
shall
3
be
paid
by
a
school
district
from
state
school
foundation
aid
4
received
by
the
school
district
under
section
257.16.
This
5
specification
of
the
payment
of
the
state
cost
shall
be
deemed
6
to
meet
all
of
the
state
funding-related
requirements
of
7
section
25B.2,
subsection
3,
and
no
additional
state
funding
8
shall
be
necessary
for
the
full
implementation
of
this
Act
9
by
and
enforcement
of
this
Act
against
all
affected
school
10
districts.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
modifies
provisions
related
to
school
district
15
requirements
to
publish
information
regarding
the
school
16
district’s
policies
and
procedures
and
educational
materials
17
available
to
students
in
the
school
district.
18
Current
Code
section
279.77
requires
school
districts
to
19
adopt
a
policy
describing
the
procedures
for
the
parent
or
20
guardian
of
a
student,
or
a
resident
of
the
school
district,
21
to
review
the
instructional
materials
used
in
classrooms
in
22
the
school
district.
Current
Code
section
279.77
defines
23
“instructional
materials”
to
mean
either
printed
or
electronic
24
textbooks
and
related
core
materials
that
are
written
and
25
published
primarily
for
use
in
elementary
school
and
secondary
26
school
instruction
and
are
required
by
a
state
educational
27
agency
or
local
educational
agency
for
use
by
students
in
28
the
student’s
classes
by
the
teacher
of
record.
The
bill
29
modifies
the
definition
of
“instructional
materials”
to
30
include
any
book,
article,
audio
or
visual
clip,
internet
site,
31
digital
material,
or
instructional
handout
that
is
assigned,
32
distributed,
or
otherwise
presented
to
students
in
any
course
33
for
which
students
receive
academic
credit.
34
Current
Code
section
279.77
requires
school
districts
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to
make
available
on
the
school
district’s
internet
site
a
1
comprehensive
list
of
all
books
available
to
students
in
2
libraries
operated
by
the
school
district.
The
bill
provides
3
this
provision
to
require
school
districts
to
also
make
4
available
on
the
school
district’s
internet
site
a
list
of
5
all
instructional
materials
used
at
each
attendance
center
6
in
the
school
district
in
the
current
school
year,
organized
7
by
subject
area,
grade
level,
and
teacher
utilizing
the
8
instructional
material.
The
list
must
include
the
title
and
9
author
of
the
instructional
material,
or
the
organization
10
associated
with
the
production
of
the
instructional
material,
11
and
if
the
instructional
material
is
accessed
on
the
internet,
12
the
internet
address
where
the
instructional
material
may
be
13
accessed.
The
bill
establishes
other
requirements
related
to
14
this
list
and
alternative
ways
in
which
a
school
district
may
15
comply
with
these
requirements.
16
The
bill
provides
that
only
the
director
of
the
department
17
of
education,
the
attorney
general,
a
county
attorney,
a
18
student,
or
a
student’s
parent
or
guardian
may
bring
a
civil
19
action
against
the
board
of
directors
of
a
school
district
20
to
compel
the
school
district
to
comply
with
the
provisions
21
of
Code
section
279.77.
The
bill
establishes
a
process
such
22
persons
must
follow
before
bringing
such
a
civil
action
that
23
includes
the
submission
of
written
complaints,
opportunities
24
for
the
school
district
to
remedy
potential
violations
of
25
Code
section
279.77,
and
written
responses
from
the
school
26
district
describing
actions
taken.
If
a
person
has
satisfied
27
all
of
the
requirements
associated
with
the
process,
the
person
28
may
bring
a
civil
action,
including
an
action
for
a
writ
of
29
mandamus,
and
if
the
person
prevails,
the
court
is
required
to
30
award
reasonable
court
costs
and
attorney
fees
to
the
person.
31
The
bill
provides
that
the
board
of
directors
of
a
school
32
district’s
failure
to
obey
orders
of
the
court
issued
pursuant
33
to
Code
section
279.77
renders
the
board
members
who
fail
to
34
obey
the
orders
of
the
court
in
contempt
of
the
court
and
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subject
to
penalties
provided
for
that
offense.
1
The
bill
authorizes
an
attorney
employed
or
retained
by
the
2
board
of
directors
of
a
school
district
to
request
a
formal
3
opinion
of
the
attorney
general
or
a
county
attorney
related
4
to
whether
the
actions
taken
by
the
school
district
are
in
5
compliance
with
Code
section
279.77.
6
The
bill
provides
that
Code
section
279.77
shall
not
be
7
construed
to
require
a
school
district
to
separately
include
8
the
individual
components
of
textbooks
or
other
instructional
9
materials
that
are
produced
as
a
single
volume
in
any
required
10
list;
include
in
any
required
list
instructional
materials
11
that
are
used
at
an
attendance
center
that
is
utilized
by
less
12
than
30
students,
instructional
materials
that
are
used
only
13
for
individualized
special
education
instruction
as
part
of
a
14
student’s
individualized
education
program,
or
instructional
15
materials
that
are
used
only
for
the
instruction
of
a
student
16
who
has
a
plan
under
section
504
of
the
federal
Rehabilitation
17
Act;
or
update
any
required
list
when
the
internet
address
18
where
an
instructional
material
may
be
accessed
no
longer
19
functions
or
to
account
for
people
retiring
or
otherwise
20
discontinuing
employment
at
the
school
district.
21
The
bill
may
include
a
state
mandate
as
defined
in
Code
22
section
25B.3.
The
bill
requires
that
the
state
cost
of
23
any
state
mandate
included
in
the
bill
be
paid
by
a
school
24
district
from
state
school
foundation
aid
received
by
the
25
school
district
under
Code
section
257.16.
The
specification
26
is
deemed
to
constitute
state
compliance
with
any
state
mandate
27
funding-related
requirements
of
Code
section
25B.2.
The
28
inclusion
of
this
specification
is
intended
to
reinstate
the
29
requirement
of
political
subdivisions
to
comply
with
any
state
30
mandates
included
in
the
bill.
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