HSB 156 (LSB 1865YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON WHEELER)

A BILL FOR

An Act modifying provisions related to school district requirements to publish information regarding the school district’s policies and procedures and educational materials available to students in the school district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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