HF 2577 (LSB 6167HZ (3) 89)

HOUSE FILE 2577

BY  COMMITTEE ON APPROPRIATIONS

(SUCCESSOR TO HF 2499)
(SUCCESSOR TO HSB 706)

(As Amended and Passed by the House 2022-03-29)

A BILL FOR

An Act relating to education, including requiring the boards of directors of school districts and the governing boards of charter schools to publish certain specified information, modifying provisions related to required social studies instruction, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
SCHOOL DISTRICT AND CHARTER SCHOOL TRANSPARENCY

    Section 1.  Section 256.11, subsection 10, paragraph c, subparagraph (2), unnumbered paragraph 1, Code 2022, is amended to read as follows:
   If, after having an opportunity to correct, if permitted, a school district is found to be in noncompliance with federal education laws including but not limited to the federal Elementary and Secondary Education Act of 1965, the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., as amended, the federal Civil Rights Act of 1964, chapter 216, section 279.73, or section 279.74, or section 279.76, the director shall recommend, and the state board may shall do, one of the following within thirty days of the finding of noncompliance, or within fourteen days if the finding of noncompliance is for a violation of section 279.76: 
    Sec. 2.  Section 256.11, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  19.  a.  If the department finds a school district is not in compliance with section 279.76, the department shall provide notice to the board of directors of the school district indicating the school district’s noncompliance. The department shall allow the board of directors of the school district at least fourteen days after receipt of the notice of noncompliance to correct the violation prior to taking any enforcement action pursuant to subsection 10, paragraph “c”. In addition to any enforcement action taken pursuant to subsection 10, paragraph “c”, if the board of directors of the school district fails to correct the violation within fourteen days after receipt of the notice of noncompliance, the department shall assess a civil penalty against the school district in an amount not less than five hundred dollars and not more than five thousand dollars. Revenue from the civil penalty provided in this paragraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   b.  The department shall provide notice to the board of educational examiners indicating the identity of any individual licensed under chapter 272 whose violation of section 279.76 leads to enforcement action pursuant to subsection 10, paragraph “c”.
    Sec. 3.  Section 256E.7, subsection 2, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0i.  Be subject to and comply with the requirements of sections 279.76 and 279.77 in the same manner as a school district.
    Sec. 4.  NEW SECTION.  279.76  Transparency and state standards.
   1.  The board of directors of a school district shall adopt a policy describing the procedures for the parent or guardian of a student enrolled in the school district to review the instructional materials used in the student’s classroom. The policy shall include a process for the 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. For purposes of this section, “instructional materials” means 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. “Instructional materials” does not include lesson plans.
   2.  The school district shall provide the parent or guardian of a student enrolled in the school district with all of the following information related to the current school year:
   a.  A course syllabus or written summary of the material that will be taught in the student’s classes.
   b.  How the student’s classes meet or exceed the educational standards established pursuant to section 256.11.
   c.  A list of all instructional materials that will be used in the student’s classes by the teacher of record.
   3.  The school district may satisfy the requirements of subsection 2 by providing the parent or guardian of a student enrolled in the school district with an option to view the materials described in subsection 2 electronically or by providing the parent or guardian of a student enrolled in the school district with view-only access to the materials described in subsection 2 on the classroom management software platform used by the school district. By July 1, 2024, the school district shall satisfy the requirements of subsection 2 by providing the parent or guardian of a student enrolled in the school district with view-only access to the materials described in subsection 2 on the classroom management software platform used by the school district.
   4.  If the materials described in subsection 2 are modified during the school year, the teacher of record or the school district shall update the information maintained under subsection 3 on or before the end of the school week when the modification occurs to reflect the teacher of record’s use of the new materials.
   5.  The school district shall make available to the parent or guardian of a student enrolled in the school district a comprehensive list of all books available to students in libraries operated by the school district by providing a link on the school district’s internet site to the electronic catalog of the books available in the 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.
   6.  The school district shall provide instructions on the school district’s internet site showing the procedures or policies in effect for the parent or guardian of a student enrolled in the school district to request the reconsideration or removal of a book that is available to students in a library operated by the school district. The school district shall display the form for requesting reconsideration or removal of a book prominently on the school district’s internet site.
   7.  The board of directors of a school district shall provide instructions related to how to access the information described in subsections 2, 3, and 5 in a notice to the parent or guardian of each student enrolled in the school district prior to the start of each school year.
   8.  The school district shall publish on the school district’s internet site information related to the training and professional development courses and programs offered by the school district in which employees of the school district have participated during the current school year.
   9.  This section shall not be construed to require the school district to do any of the following:
   a.  Reproduce educational materials that were not created by a teacher employed by the board of directors of the school district.
   b.  Distribute any educational materials in a manner that would infringe on the intellectual property rights of any person.
   10.  The requirements of this section shall not apply when the teacher of record provides instruction pursuant to chapter 256B.
    Sec. 5.  NEW SECTION.  279.77  Protocols for the selection, review, reconsideration, and removal of materials from libraries.
   The board of directors of a school district shall adopt protocols for the selection, review, reconsideration, and removal of materials from libraries operated by the school district. The protocols shall require all of the following:
   1.  A process for the selection, reconsideration, and removal of materials from libraries operated by the school district.
   2.  A process for a parent or guardian of a student enrolled in the school district to request that specific library materials not be checked out by the student.
   3.  The lawful and ethical use of information resources, including regarding plagiarism and intellectual property rights.
   4.  A process that allows the parent or guardian of a student enrolled in the school district to request the reconsideration or removal of materials from a library operated by the school district. The process shall be prominently displayed on the school district’s internet site and shall require all of the following:
   a.  Within fifteen business days after a parent’s or guardian’s submission of a request to reconsider or remove materials from a library operated by the school district, or on or before a later date if the school district and the parent or guardian agree in writing, the school district shall conduct a review of the materials described in the request and make a recommendation to the board of directors of the school district regarding the materials described in the request. The school district shall notify the parent or guardian in writing of the school district’s recommendation to the board of directors of the school district.
   b.  The board of directors of the school district shall act on the recommendation described in paragraph “a” at the next regularly scheduled meeting of the board of directors but no later than thirty business days after the recommendation is received, or on or before a later date if the board of directors of the school district and the parent or guardian agree in writing. The board of directors of the school district shall notify the parent or guardian in writing of its decision to affirm or reverse the school district’s recommendation.
   c.  The parent or guardian may appeal the decision of the board of directors of the school district under paragraph “b” to the state board of education pursuant to section 290.1.
   d.  If the school district or the board of directors of the school district fails to act on a parent’s or guardian’s request to reconsider or remove materials from a library operated by the school district within the timeline provided in this section, the parent or guardian may appeal the school district’s or the board of directors of the school district’s failure to act to the state board of education. The state board of education shall direct the school district or the board of directors of the school district to perform the review as prescribed.
    Sec. 6.  PROCEDURE FOR THE RECONSIDERATION OR REMOVAL OF A BOOK FROM A SCHOOL LIBRARY.  The board of directors of a school district shall create a document that illustrates the procedure for the parent or guardian of a student enrolled in a school district to request the reconsideration or removal of a book that is available to students in a library operated by the school district as required by section 279.77, as enacted by this division of this Act.
DIVISION II
SOCIAL STUDIES INSTRUCTION

    Sec. 7.  Section 256.11, subsection 5, paragraph b, Code 2022, is amended to read as follows:
   b.  (1)  Five units of the social studies including instruction in voting statutes and procedures, voter registration requirements, the use of paper ballots and voting systems in the election process, and the method of acquiring and casting an absentee ballot. All students shall complete a minimum of one-half unit of United States government and one unit of United States history.
   (2)  The one-half unit of United States government shall include the all of the following:
   (a)  The voting procedure as described in this lettered paragraph and section 280.9A. The government instruction shall also include a
   (b)  A study of the Constitution of the United States and the Bill of Rights contained in the Constitution and an assessment of a student’s knowledge of the Constitution and the Bill of Rights.
   (c)  An assessment of the student’s knowledge of United States government and civics that includes the nature, purpose, structure, function, and history of the United States government, the rights and responsibilities of citizens of the United States, and important United States government and civic leaders. The most recent version of the civics test developed by the United States citizenship and immigration services shall be used as the assessment required by this subparagraph division. On or before June 30 of each year, each school district and nonpublic school shall submit the results of the assessment required by this subparagraph division to the department.