Senate
File
2362
-
Reprinted
SENATE
FILE
2362
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
3104)
(As
Amended
and
Passed
by
the
Senate
February
23,
2022
)
A
BILL
FOR
An
Act
relating
to
entities
supported
in
whole
or
in
part
1
by
public
moneys,
including
the
sale
of
public
bonds,
2
the
duties
and
responsibilities
of
school
boards,
school
3
districts,
the
department
of
education,
accredited
nonpublic
4
schools,
charter
schools,
and
children’s
residential
5
facilities,
and
the
membership
and
voting
units
of
county
6
and
city
conference
boards.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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DIVISION
I
1
BOND
SALES
2
Section
1.
Section
75.2,
Code
2022,
is
amended
to
read
as
3
follows:
4
75.2
Notice
of
sale.
5
When
public
bonds
are
offered
for
sale,
the
official
in
6
charge
of
the
bond
issue
shall
,
by
advertisement
published
7
at
least
once,
the
last
one
of
which
shall
be
not
less
than
8
four
nor
more
than
twenty
days
before
the
sale
in
a
newspaper
9
located
in
the
county
or
a
county
contiguous
to
the
place
of
10
sale,
give
notice
of
the
time
and
place
of
sale
of
the
bonds
,
11
the
amount
to
be
offered
for
sale,
and
any
further
information
12
which
the
official
deems
pertinent
by
publishing
the
time
and
13
place
of
sale
of
the
bonds,
the
amount
to
be
offered
for
sale,
14
and
any
additional
information
the
official
deems
pertinent
15
to
the
bond
issue
not
less
than
four
nor
more
than
twenty
16
days
before
the
sale
in
at
least
one
electronic
or
written
17
publication
with
nationwide
circulation
that
is
recognized
for
18
providing
information
regarding
the
sale
of
public
bonds
.
19
Sec.
2.
Section
75.14,
Code
2022,
is
amended
to
read
as
20
follows:
21
75.14
Electronic
bidding.
22
Notwithstanding
contrary
provisions
of
this
chapter
,
23
including
section
75.3,
a
public
body
authorized
to
issue
24
bonds,
notes,
or
other
obligations
may
elect
to
receive
bids
to
25
purchase
such
bonds,
notes,
or
other
obligations
by
means
of
26
electronic,
internet
,
or
wireless
communication;
a
proprietary
27
bidding
procedure
or
system;
or
by
facsimile
transmission
28
to
a
location
deemed
appropriate
by
the
governing
body,
in
29
each
instance
as
may
be
approved
by
the
governing
body
and
30
provided
for
in
the
notice
of
sale.
An
electronic
bid
shall
31
be
submitted
in
substantial
conformity
with
the
requirements
32
of
chapter
554D
and
any
rules
adopted
pursuant
to
that
chapter
33
with
respect
to
the
acceptance
of
electronic
records
by
a
34
governmental
agency.
Additionally,
before
approving
the
use
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of
an
electronic
bidding
procedure,
the
public
body
shall
find
1
and
determine
that
the
specific
procedure
to
be
used
will
2
provide
reasonable
security
and
maintain
the
integrity
of
3
the
competitive
bidding
process,
and
facilitate
the
delivery
4
of
bids
by
interested
parties
under
the
circumstances
of
the
5
particular
sale.
6
DIVISION
II
7
SCHOOL
BOARD
DUTIES
AND
RESPONSIBILITIES
8
Sec.
3.
Section
279.6,
subsection
1,
paragraph
a,
Code
2022,
9
is
amended
to
read
as
follows:
10
a.
Except
as
provided
in
paragraph
“b”
and
subsection
2
,
11
vacancies
occurring
among
the
officers
or
members
of
a
school
12
board
shall
be
filled
by
the
board
by
appointment.
A
person
13
so
appointed
to
fill
a
vacancy
in
an
elective
office
shall
14
hold
office
until
a
successor
is
elected
and
qualified
at
the
15
next
regular
school
election,
unless
there
is
an
intervening
16
special
election
for
the
school
district,
in
which
event
a
17
successor
shall
be
elected
at
the
intervening
special
election,
18
in
accordance
with
section
69.12
.
To
fill
a
vacancy
occurring
19
among
the
members
of
a
school
board,
the
board
shall
publish
20
notice
either
on
the
board’s
internet
site
or
in
the
manner
21
prescribed
by
section
279.36
,
stating
that
the
board
intends
to
22
fill
the
vacancy
by
appointment
but
that
the
electors
of
the
23
school
district
have
the
right
to
file
a
petition
requiring
24
that
the
vacancy
be
filled
by
a
special
election
conducted
25
pursuant
to
section
279.7
.
The
board
may
publish
notice
in
26
advance
if
a
member
of
the
board
submits
a
resignation
to
take
27
effect
at
a
future
date.
The
board
may
make
an
appointment
to
28
fill
the
vacancy
after
the
notice
is
published
or
after
the
29
vacancy
occurs,
whichever
is
later.
30
Sec.
4.
Section
279.6,
subsection
1,
paragraph
b,
31
subparagraphs
(1)
and
(2),
Code
2022,
are
amended
to
read
as
32
follows:
33
(1)
If
within
fourteen
days
after
publication
of
a
providing
34
notice
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
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occurs
more
than
one
hundred
eighty
days
before
the
next
1
regular
school
election,
or
after
the
filing
period
closes
2
pursuant
to
section
277.4,
subsection
1
,
for
the
next
regular
3
school
election,
there
is
filed
with
the
secretary
of
the
4
school
board
a
petition
requesting
a
special
election
to
fill
5
the
vacancy,
an
appointment
to
fill
the
vacancy
is
temporary
6
until
a
successor
is
elected
and
qualified,
and
the
board
shall
7
call
a
special
election
pursuant
to
section
279.7
,
to
fill
the
8
vacancy
for
the
remaining
balance
of
the
unexpired
term.
9
(2)
If
within
fourteen
days
after
publication
of
a
providing
10
notice
required
pursuant
to
paragraph
“a”
for
a
vacancy
that
11
occurs
one
hundred
eighty
days
or
less
but
more
than
forty
days
12
before
the
next
regular
school
election
there
is
filed
with
the
13
secretary
of
the
school
board
a
petition
requesting
to
fill
14
the
vacancy
by
election,
an
appointment
to
fill
the
vacancy
is
15
temporary
until
a
successor
is
elected
and
qualified,
and
the
16
school
board
shall
require
that
the
remaining
balance
of
the
17
unexpired
term
be
filled
at
the
next
regular
school
election.
18
Sec.
5.
Section
279.20,
subsection
2,
Code
2022,
is
amended
19
to
read
as
follows:
20
2.
The
board
of
directors
of
a
school
district
may
delegate
21
the
authority
to
hire
support
personnel
and
sign
the
support
22
personnel
employment
contracts,
if
applicable,
if
the
board
23
adopts
a
policy
authorizing
the
superintendent
to
perform
24
such
duties
and
specifying
the
positions
the
superintendent
25
is
authorized
to
fill.
The
board
of
directors
of
a
school
26
district
and
the
superintendent,
if
authorized
pursuant
to
27
this
subsection,
may
use
electronic
signatures
and
electronic
28
contracts
pursuant
to
chapter
554D
and
facsimile
signatures
29
when
entering
into
the
contracts
described
in
this
subsection.
30
For
purposes
of
this
subsection
,
the
term
“support
personnel”
31
includes
,
but
is
not
limited
to
,
bus
drivers,
custodians,
32
educational
associates,
and
clerical
and
food
service
33
employees.
34
Sec.
6.
Section
280.5,
subsection
2,
Code
2022,
is
amended
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to
read
as
follows:
1
2.
The
board
of
directors
of
each
Each
public
school
2
district
shall
administer
the
pledge
of
allegiance
in
grades
3
one
through
twelve
each
school
day.
Each
classroom
in
which
4
the
pledge
of
allegiance
is
recited
pursuant
to
this
subsection
5
shall
display
the
United
States
flag
during
the
recitation.
A
6
student
shall
not
be
compelled
against
the
student’s
objections
7
or
those
of
the
student’s
parent
or
guardian
to
recite
the
8
pledge.
9
Sec.
7.
Section
291.1,
Code
2022,
is
amended
to
read
as
10
follows:
11
291.1
President
——
duties.
12
The
president
of
the
board
of
directors
shall
preside
at
13
all
of
its
meetings,
sign
all
contracts
made
by
the
board,
and
14
appear
on
behalf
of
the
corporation
in
all
actions
brought
by
15
or
against
it,
unless
individually
a
party,
in
which
case
this
16
duty
shall
be
performed
by
the
secretary.
The
president
or
the
17
president’s
designee
shall
have
the
authority
to
enter
into
18
original
contracts
or
electronic
contracts
pursuant
to
chapter
19
554D
and
sign,
using
an
original
,
or
facsimile
,
or
electronic
20
signature
,
as
defined
in
section
554D.103
,
all
school
district
21
payments
drawn
and
authorize
electronic
funds
transfers
as
22
provided
by
law.
The
board
of
directors,
by
resolution,
may
23
designate
an
individual,
who
shall
not
be
the
secretary,
to
24
sign
payments
or
authorize
electronic
funds
transfers
on
behalf
25
of
the
president
pursuant
to
this
section
.
26
DIVISION
III
27
DEPARTMENT
OF
EDUCATION
WORK
GROUP
28
Sec.
8.
DEPARTMENT
OF
EDUCATION
——
HEALTH
CARE-RELATED
29
TRAINING
FOR
SCHOOL
PERSONNEL
WORK
GROUP.
30
1.
The
department
of
education
shall
convene
and
provide
31
administrative
support
to
a
health
care-related
training
32
for
school
personnel
work
group.
The
work
group
shall
33
review
and
develop
a
plan
to
ensure
Iowa
educators
have
the
34
health
care
training
necessary
to
perform
their
duties
and
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responsibilities,
and
shall
consider
and
submit
recommendations
1
for
delivery
and
implementation
of
training
required
under
2
state
law
or
rule.
3
2.
The
work
group
shall
include
all
of
the
following:
4
a.
(1)
Two
members
who
are
staff
members
from
the
5
department
of
education,
one
of
whom
shall
be
an
administrative
6
consultant
in
the
bureau
of
nutrition
and
health
services.
7
A
member
appointed
under
this
subparagraph
shall
coordinate
8
the
work
group
and
act
as
chairperson
for
the
organizational
9
meeting.
10
(2)
One
member
who
is
a
staff
member
from
the
Iowa
11
department
of
public
health.
12
b.
Members
who
shall
represent
each
of
the
following:
13
(1)
One
member
from
a
statewide
organization
representing
14
teachers.
15
(2)
One
member
from
a
statewide
organization
representing
16
school
board
members.
17
(3)
One
member
from
a
statewide
organization
representing
18
school
administrators.
19
(4)
One
member
from
a
statewide
organization
representing
20
authorities
in
charge
of
accredited
nonpublic
schools.
21
(5)
One
member
representing
the
area
education
agencies.
22
(6)
One
member
from
a
statewide
organization
representing
23
physicians.
24
(7)
One
member
from
a
statewide
organization
representing
25
athletic
trainers.
26
(8)
One
member
from
a
statewide
organization
representing
27
emergency
management
services.
28
(9)
One
member
from
a
statewide
organization
representing
29
health
care
organizations.
30
(10)
One
member
from
a
statewide
organization
representing
31
school
nurses.
32
3.
Any
expenses
incurred
by
a
member
of
the
work
group
33
shall
be
the
responsibility
of
the
individual
member
or
the
34
respective
entity
represented
by
the
member.
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4.
The
director
of
the
department
of
education
or
the
1
director’s
designee
shall
compile
and
provide
to
the
work
group
2
a
list
of,
and
the
purposes
for,
the
health
care
training
3
programs
that
school
personnel
are
required
to
complete,
as
4
well
as
any
requirements
school
personnel
must
meet
following
5
such
training,
in
order
be
in
compliance
with
state
law
or
6
administrative
rule.
7
5.
The
work
group
shall
do
all
of
the
following:
8
a.
Identify
which
trainings
can
be
best
provided
online,
9
and
how
such
training
can
be
rotated
on
a
five-year
basis
for
10
school
personnel.
11
b.
Develop
a
plan
for
a
regular
cycle
of
health
care-related
12
training
for
school
personnel
review,
with
the
goal
of
removing
13
or
modifying
training
or
training
programs
that
are
no
longer
14
relevant,
and
identifying
less
costly
and
more
efficient
15
options
that
still
provide
the
appropriate
level
of
training
to
16
school
personnel.
17
c.
Standardize
the
process
of
establishing
new
training
18
requirements
in
state
law
or
rule
to
manage
stakeholder
19
expectations
relating
to
the
timeline
for
establishing
the
20
requirements.
21
d.
Create
an
ongoing
review
process
to
find
efficiencies,
22
identify
training
options
that
better
utilize
time
and
23
financial
resources,
and
offer
a
continuous
improvement
model
24
for
the
system
moving
forward.
25
e.
Study
and
make
any
recommended
changes
on
rules
adopted
26
by
the
state
board
of
education
under
281
IAC
ch.
14,
relating
27
to
individual
health
plans
prepared
for
students
with
various
28
health
conditions.
29
f.
Ensure
a
public
comment
process
for
patient
advocacy
30
groups
and
parents
to
provide
input
on
the
recommendations
of
31
the
work
group.
32
6.
If
the
work
group
recommends
elimination
or
significant
33
modification
of
certain
health
care-related
training
for
34
school
personnel,
the
department
of
education
shall
identify
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stakeholders
who
would
potentially
be
affected
by
such
1
change,
and
shall
invite
representatives
from
organizations
2
representing
such
stakeholders
to
submit
comments
before
or
3
at
an
upcoming
work
group
meeting
before
the
work
group
makes
4
final
recommendations.
5
7.
The
department
of
education
shall
compile
the
work
6
group’s
findings
and
recommendations
and
shall
submit
the
7
compilation,
including
any
proposal
for
legislation,
in
a
8
report
to
the
general
assembly,
the
governor,
and
the
state
9
board
of
education
by
December
1,
2022.
10
DIVISION
IV
11
STATEWIDE
SCHOOL
INFRASTRUCTURE
FUNDING
12
Sec.
9.
Section
423F.4,
subsection
2,
paragraph
a,
Code
13
2022,
is
amended
to
read
as
follows:
14
a.
Bonds
issued
on
or
after
July
1,
2019,
shall
not
be
sold
15
at
public
sale
as
provided
in
chapter
75
,
or
at
a
private
sale,
16
without
notice
and
hearing.
Notice
of
the
time
and
place
of
17
the
public
hearing
shall
be
published
not
less
than
ten
nor
18
more
than
twenty
days
before
the
public
hearing
in
a
newspaper
19
which
is
a
newspaper
of
general
circulation
in
the
school
20
district.
This
paragraph
does
not
apply
to
the
refinancing
of
21
bonds.
22
DIVISION
V
23
COUNTY
CONFERENCE
BOARD
24
Sec.
10.
Section
441.2,
Code
2022,
is
amended
to
read
as
25
follows:
26
441.2
Conference
board.
27
In
each
county
and
each
city
having
an
assessor
there
shall
28
be
established
a
conference
board.
In
counties
the
conference
29
board
shall
consist
of
the
mayors
or
a
designated
member
of
a
30
city
council
of
all
incorporated
cities
in
the
county
whose
31
property
is
assessed
by
the
county
assessor,
one
representative
32
from
the
board
of
directors
of
each
high
school
district
of
33
the
county,
who
is
a
resident
of
the
county,
said
board
of
34
directors
appointing
said
representative
for
a
one-year
term
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and
notifying
the
clerk
of
the
conference
board
as
to
their
1
representative,
and
members
of
the
board
of
supervisors.
In
2
cities
having
an
assessor
the
conference
board
shall
consist
3
of
the
members
of
the
city
council,
school
board
the
board
4
of
directors
of
each
high
school
district
in
the
city,
and
5
county
board
of
supervisors.
In
the
counties
the
chairperson
6
of
the
board
of
supervisors
shall
act
as
chairperson
of
the
7
conference
board,
in
cities
having
an
assessor
the
mayor
of
the
8
city
council
shall
act
as
chairperson
of
the
conference
board.
9
In
any
action
taken
by
the
conference
board,
the
mayors
of
all
10
incorporated
cities
in
the
county
whose
property
is
assessed
11
by
the
county
assessor
shall
constitute
one
voting
unit,
the
12
members
of
the
city
board
of
education
board
of
directors
of
13
each
high
school
district
in
the
city
or
one
representative
14
from
the
board
of
directors
of
each
high
school
district
of
the
15
county
shall
constitute
one
voting
unit,
the
members
of
the
16
city
council
shall
constitute
one
voting
unit,
and
the
county
17
board
of
supervisors
shall
constitute
one
voting
unit,
each
18
unit
having
a
single
vote
and
no
action
shall
be
valid
except
19
by
the
vote
of
not
less
than
two
out
of
the
three
units.
In
20
any
action
taken
by
the
conference
board,
if
a
city
or
a
county
21
contains
only
one
high
school
district,
the
members
of
or
the
22
representative
of
the
board
of
directors
of
the
high
school
23
district,
as
applicable,
shall
constitute
one
voting
unit.
24
The
majority
vote
of
the
members
present
of
each
unit
shall
25
determine
the
vote
of
the
unit.
The
assessor
shall
be
clerk
of
26
the
conference
board.
27
DIVISION
VI
28
CHILDREN’S
RESIDENTIAL
FACILITIES
29
Sec.
11.
Section
282.34,
Code
2022,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
6.
For
children
requiring
admission
to
32
a
residential
treatment
facility,
the
residential
treatment
33
facility
shall
complete
and
provide
to
the
district
of
34
residence
the
documentation
necessary
to
seek
Medicaid
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reimbursement
for
eligible
services.
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