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: 5 TLSB 1865YC (4) 91 jda/jh
H.F. _____ 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 35 -1- LSB 1865YC (4) 91 jda/jh 1/ 9
H.F. _____ 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 35 -2- LSB 1865YC (4) 91 jda/jh 2/ 9
H.F. _____ 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 35 -3- LSB 1865YC (4) 91 jda/jh 3/ 9
H.F. _____ 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 35 -4- LSB 1865YC (4) 91 jda/jh 4/ 9
H.F. _____ 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 35 -5- LSB 1865YC (4) 91 jda/jh 5/ 9
H.F. _____ 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. 35 -6- LSB 1865YC (4) 91 jda/jh 6/ 9
H.F. _____ 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 35 -7- LSB 1865YC (4) 91 jda/jh 7/ 9
H.F. _____ 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 35 -8- LSB 1865YC (4) 91 jda/jh 8/ 9
H.F. _____ 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. 31 -9- LSB 1865YC (4) 91 jda/jh 9/ 9