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Senate Study Bill 1190 - IntroducedA Bill ForAn Act 1relating to the responsibilities and authority of school
2districts or school corporations, accredited nonpublic
3schools, or area education agencies.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SCHOOL DISTRICT RESPONSIBILITIES AND REQUIREMENTS RELATING TO
3CHILDREN’S HEALTH
4 Section 1. Section 8A.318, subsections 1 and 3, Code 2019,
5are amended to read as follows:
61. Findings and intent. The general assembly finds that
7human beings are vulnerable to and may be severely affected by
8exposure to chemicals, hazardous waste, and other environmental
9hazards. The federal environmental protection agency estimates
10that human exposure to indoor air pollutants can be two to
11five times, and up to one hundred times, higher than outdoor
12levels. Children, teachers, janitors, and other staff members
13spend a significant amount of time inside school buildings.
14Likewise, state State employees and citizens of this state
15spend a significant amount of time inside state buildings.
16These individuals are continuously exposed to chemicals from
17cleaners, waxes, deodorizers, and other maintenance products.
183. Use of environmentally preferable cleaning and maintenance
19products.
20a. All school districts in this state, community colleges,
21institutions under the control of the state board of regents,
22and state agencies utilizing state buildings, are encouraged
23to conform to an environmentally preferable cleaning policy
24designed to facilitate the purchase and use of environmentally
25preferable cleaning and maintenance products for purposes of
26public school, community college, regents institution, and
27state building cleaning and maintenance.
28b. Each school district, community college, institution
29under the control of the state board of regents, or state
30agency utilizing public buildings shall conduct an evaluation
31and assessment regarding implementation of an environmentally
32preferable cleaning policy pursuant to this section. On or
33after July 1, 2012, all All state agencies, and all school
34districts, community colleges, and institutions under the
35control of the state board of regents which have not opted
-1-1out of compliance pursuant to paragraph “c”, shall purchase
2only cleaning and maintenance products identified by the
3department or that meet nationally recognized standards.
4School districts, community Community colleges, institutions
5under the control of the state board of regents, and state
6agencies procuring supplies for schools and state buildings may
7deplete their existing cleaning and maintenance supply stocks
8and implement the new requirements in the procurement cycle
9for the following year. This section shall not be interpreted
10in a manner that prohibits the use of disinfectants,
11disinfecting cleaners, sanitizers, or any other antimicrobial
12product regulated by the federal Insecticide, Fungicide,
13and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
14to protect public health and provided that the use of these
15products is in accordance with responsible cleaning procedure
16requirements.
17c. A school district, community college, or institution
18under the control of the state board of regents may, based upon
19the evaluation and assessment conducted pursuant to paragraph
20“b”, opt out of compliance with the requirements of this section
21upon the affirmative vote of a majority of the members of the
22board of directors of the school district or a determination by
23the president of the community college or by the president or
24administrative officer of the regents institution. A school
25district, community college, or regents institution opting
26out of compliance pursuant to this paragraph shall notify the
27department of education, the state board of education, or the
28state board of regents, as appropriate, of this decision.
29 Sec. 2. Section 135.17, subsection 1, paragraphs a and b,
30Code 2019, are amended to read as follows:
31a. Except as provided in paragraphs “c” and “d”, the parent
32or guardian of a child enrolled in a public or accredited
33nonpublic elementary school shall provide evidence to the
34school district or accredited nonpublic elementary school in
35which the child is enrolled of ensure that the child having
-2-1 has, no earlier than three years of age but no later than four
2months after enrollment, at a minimum, a dental screening
3performed by a licensed physician, a licensed nurse, a licensed
4physician assistant, or a licensed dental hygienist or dentist.
5Except as provided in paragraphs “c” and “d”, the parent
6or guardian of a child enrolled in a public or accredited
7nonpublic high school shall provide evidence to the school
8district or accredited nonpublic high school in which the child
9is enrolled of ensure that the child having has, at a minimum,
10a dental screening performed no earlier than one year prior
11to enrollment and not later than four months after enrollment
12by a licensed dental hygienist or dentist. A school district
13or accredited nonpublic school shall may provide access to a
14process to complete the screenings described in this paragraph
15as appropriate.
16b. A person authorized to perform a dental screening
17required by this section shall record that the screening was
18completed, and such additional information required by the
19department, on uniform forms developed by the department in
20cooperation with the department of education, and shall submit
21the completed form to the department of public health in
22written or electronic form. The form shall include a space for
23the person to summarize any condition that may indicate a need
24for special services.
25 Sec. 3. Section 135.17, subsection 2, Code 2019, is amended
26to read as follows:
272. Each public and nonpublic school shall, in collaboration
28with the department, do the following:
29a. Ensure ensure that the parent or guardian of a student
30enrolled in kindergarten or grade nine in the school has
31complied with received information about the dental screening
32 requirements of subsection 1 and about any resources available
33to satisfy the requirements.
34b. Provide, if a student has not had a dental screening
35performed in accordance with subsection 1, the parent or
-3-1guardian of the student with community dental screening
2referral resources, including contact information for the
3i-smile coordinator, department, or dental society.
4 Sec. 4. Section 135.17, subsection 3, Code 2019, is amended
5by striking the subsection.
6 Sec. 5. Section 135.39D, subsections 1 and 5, Code 2019, are
7amended to read as follows:
81. The parent or guardian of a child to be enrolled in a
9public or accredited nonpublic elementary school shall ensure
10that the child is screened for vision impairment at least once
11before enrollment in kindergarten and again before enrollment
12in grade three. The parent or guardian of the child shall
13ensure that evidence of the vision screening is provided to the
14school district or accredited nonpublic school in which the
15child is enrolled. Evidence of the vision screening may shall
16 be provided either directly from the parent or guardian or from
17 to the department in either written or electronic form by a
18vision screening provider referred to in subsection 2, and may
19be provided in either written or electronic form.
205. Each public and accredited nonpublic elementary school
21shall, in collaboration with the department, do the following:
22a. Provide provide the parents or guardians of students with
23vision screening referral resources.
24b. Arrange for evidence of vision screenings provided
25pursuant to subsection 1 to be forwarded to the department.
26 Sec. 6. Section 135.102, subsection 7, Code 2019, is amended
27to read as follows:
287. Implementation of a requirement that requirements
29established under section 135.105D relating to blood lead
30testing of children receive a blood lead test prior to the age
31of six and before enrolling in any elementary school in Iowa in
32accordance with section 135.105D.
33 Sec. 7. Section 135.105D, subsection 2, paragraphs a and b,
34Code 2019, are amended to read as follows:
35a. A parent or guardian of a child under the age of two
-4-1is strongly encouraged to have the child tested for elevated
2blood lead levels by the age of two. Except as provided in
3paragraph “b” and subsection 4, a parent or guardian shall
4provide evidence to the school district elementary attendance
5center or the accredited nonpublic elementary school in which
6the parent’s or guardian’s child is enrolled ensure that the
7child was tested for elevated blood lead levels by the age of
8six according to recommendations provided by the department.
9b. The board of directors of each school district and
10the authorities in charge of each nonpublic school shall, in
11collaboration with the department, do the following:
12(1) Ensure ensure that the parent or guardian of a student
13enrolled in the school has complied with the requirements of
14paragraph “a”.
15(2) Provide, if the parent or guardian cannot provide
16evidence that the child received a blood lead test in
17accordance with paragraph “a”, the parent or guardian with
18 received community blood lead testing program information,
19including contact information for the department.
20 Sec. 8. Section 135.105D, subsection 3, Code 2019, is
21amended to read as follows:
223. The board of directors of each school district and the
23authorities in charge of each nonpublic school shall furnish
24the department, in the format specified by the department,
25within sixty days after the start of the school calendar, a
26list of the children enrolled in kindergarten. The department
27shall notify the school districts and nonpublic schools of the
28children who have not met the blood lead testing requirements
29set forth in this section and shall work with the school
30districts, nonpublic schools, and the local childhood lead
31poisoning prevention programs to assure that these children are
32tested as required by in accordance with this section.
33 Sec. 9. Section 256.11, subsection 9B, Code 2019, is amended
34to read as follows:
359B. Beginning July 1, 2007, each A school district shall may
-5-1 have a school nurse to provide health services to its students.
2Each school district shall work toward the goal of having one
3school nurse for every seven hundred fifty students enrolled in
4the school district. For purposes of this subsection, “school
5nurse” means a person who holds an endorsement or a statement of
6professional recognition for school nurses issued by the board
7of educational examiners under chapter 272.
8 Sec. 10. Section 280.7A, subsection 1, Code 2019, is amended
9by striking the subsection.
10 Sec. 11. Section 299.4, subsection 1, Code 2019, is amended
11to read as follows:
121. The parent, guardian, or legal custodian of a child
13who is of compulsory attendance age, who places the child
14under competent private instruction under section 299A.2, not
15in an accredited school or a home school assistance program
16operated by a school district or accredited nonpublic school,
17shall furnish a report in duplicate on forms provided by the
18public school district, to the district by September 1 of the
19school year in which the child will be under competent private
20instruction. The secretary shall retain and file one copy
21and forward the other copy to the district’s area education
22agency. The report shall state the name and age of the child,
23the period of time during which the child has been or will be
24under competent private instruction for the year, an outline
25of the course of study, texts used, and the name and address
26of the instructor. The parent, guardian, or legal custodian
27of a child, who is placing the child under competent private
28instruction for the first time, shall also provide the district
29with evidence that the child has had the immunizations required
30under section 139A.8, and, if the child is elementary school
31age, a shall ensure that the child was tested for elevated
32 blood lead test levels in accordance with section 135.105D.
33 The term “outline of course of study” shall include subjects
34covered, lesson plans, and time spent on the areas of study.
35DIVISION II
-6-1AREA EDUCATION AGENCY BOARDS — POSTING OF NOTICE OF PROPOSED
2BUDGET
3 Sec. 12. Section 273.3, subsection 12, Code 2019, is amended
4to read as follows:
512. Prepare an annual budget estimating income and
6expenditures for programs and services as provided in sections
7273.1, 273.2, this section, sections 273.4 to 273.9, and
8chapter 256B within the limits of funds provided under section
9256B.9 and chapter 257. The board shall give post notice
10of a public hearing on the proposed budget by publication in
11an official county newspaper in each county in the territory
12of the area education agency in which the principal place
13of business of a school district that is a part of the area
14education agency is located on the area education agency’s
15internet site. The notice shall specify the date, which
16shall be not later than March 1 of each year, the time, and
17the location of the public hearing. The proposed budget as
18approved by the board shall then be submitted to the state
19board of education, on forms provided by the department,
20no later than March 15 preceding the next fiscal year for
21approval. The state board shall review the proposed budget of
22each area education agency and shall before May 1, either grant
23approval or return the budget without approval with comments
24of the state board included. An unapproved budget shall be
25resubmitted to the state board for final approval not later
26than May 15. The state board shall give final approval only to
27budgets submitted by area education agencies accredited by the
28state board or that have been given conditional accreditation
29by the state board.
30DIVISION III
31SCHOOL DISTRICTS — MISCELLANEOUS PROVISIONS
32 Sec. 13. Section 256.11, subsection 9, Code 2019, is amended
33to read as follows:
349. Beginning July 1, 2006, each A school district shall may
35 have a qualified teacher librarian who shall be licensed by the
-7-1board of educational examiners under chapter 272. The state
2board shall establish in rule a definition of and standards for
3an articulated sequential kindergarten through grade twelve
4media program. A school district that entered into a contract
5with an individual for employment as a media specialist or
6librarian prior to June 1, 2006, shall be considered to be
7in compliance with this subsection until June 30, 2011, if
8the individual is making annual progress toward meeting the
9requirements for a teacher librarian endorsement issued by the
10board of educational examiners under chapter 272. A school
11district that entered into a contract with an individual for
12employment as a media specialist or librarian who holds at
13least a master’s degree in library and information studies
14shall be considered to be in compliance with this subsection
15 until the individual leaves the employ of the school district.
16 Sec. 14. Section 279.8, subsection 1, Code 2019, is amended
17to read as follows:
181. The board shall make rules for its own government and
19that of the directors, officers, employees, teachers and
20pupils, and for the care of the schoolhouse, grounds, and
21property of the school corporation, and shall aid in the
22enforcement of the rules, and require the performance of duties
23imposed by law and the rules. The board shall include in its
24rules provisions regulating the loading and unloading of pupils
25from a school bus stopped on the highway during a period of
26reduced highway visibility caused by fog, snow or other weather
27conditions. The board shall have the authority to include in
28its rules provisions allowing school corporation employees to
29use school credit cards to pay for the actual and necessary
30expenses incurred in the performance of work-related duties.
31 Sec. 15. Section 279.41, Code 2019, is amended to read as
32follows:
33279.41 Schoolhouses and sites sold — funds.
341. Moneys received from the condemnation, sale, or other
35disposition for public purposes of schoolhouses, school sites,
-8-1or both schoolhouses and school sites, shall be deposited in
2the physical plant and equipment levy fund and may without a
3vote of the electorate be used for purposes authorized under
4section 298.3, as ordered by the board of directors of the
5school district corporation.
62. Notwithstanding subsection 1, the board of directors of a
7school corporation organized under chapter 274 may take action
8to deposit moneys received pursuant to subsection 1 in any
9proposed account of the school corporation. However, the board
10shall hold a public hearing on the proposal prior to taking
11action to deposit the funds in accordance with this subsection.
12The board shall publish notice of the time and the place of the
13public hearing in the same manner as required in section 24.9.
14 Sec. 16. Section 279.48, subsection 3, Code 2019, is amended
15by striking the subsection.
16 Sec. 17. Section 279.60, subsection 2, Code 2019, is amended
17by striking the subsection.
18 Sec. 18. Section 279.69, subsection 1, Code 2019, is amended
19to read as follows:
201. Prior to hiring an applicant for a school employee
21position, a school district shall have access to and shall
22review the information in the Iowa court information system
23available to the general public, the sex offender registry
24information under section 692A.121 available to the general
25public, the central registry for child abuse information
26established under section 235A.14, and the central registry for
27dependent adult abuse information established under section
28235B.5 for information regarding the applicant. A school
29district shall follow the same procedure by June 30, 2014, for
30each school employee employed by the school district as of July
311, 2013. A school district shall implement a consistent policy
32to follow the same procedure for each school employee employed
33by the school district on or after July 1, 2013, at least every
34five years after the school employee’s initial date of hire. A
35school district shall not may charge an employee for the cost
-9-1of the registry checks conducted pursuant to this subsection,
2not to exceed the actual cost of the registry checks. A school
3district shall maintain documentation demonstrating compliance
4with this subsection.
5 Sec. 19. REPEAL. Section 279.44, Code 2019, is repealed.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the responsibilities and authority
10relating to school districts and the boards of directors of
11school districts and is organized in divisions.
12DIVISION I — SCHOOL DISTRICT RESPONSIBILITIES AND
13REQUIREMENTS RELATING TO CHILDREN’S HEALTH.
14Dental Screenings. Division I strikes provisions that
15require a parent or guardian of a child enrolled in public
16and accredited nonpublic elementary school or high school to
17provide evidence to the school that the child has had a dental
18screening performed by a licensed physician, nurse, physician
19assistant, dentist, or dental hygienist; require the schools
20to ensure that the parent or guardian has complied with the
21requirements; and require the school to provide the parent or
22guardian of a student who has not had a dental screening with
23community dental screening referral services.
24The division requires the person who performs the child’s
25dental screening to submit the information regarding completion
26of the screening on a form to the department of public health,
27and provides that the form may be submitted to the department
28in written or electronic form.
29Under the division, the school must ensure that the parent or
30guardian of a student enrolled in kindergarten or grade nine
31has received information about the state’s dental screening
32requirements and about resources that are available to satisfy
33the requirements.
34Use of Environmentally Preferable Cleaning Products in
35School District Buildings. The division strikes requirements
-10-1that school districts conduct an evaluation and assessment
2regarding implementation of an environmentally preferable
3cleaning policy and, unless districts opt out of compliance,
4to purchase only cleaning and maintenance products identified
5by the department of administrative services as being
6environmentally preferable or that meet nationally recognized
7standards.
8Vision Screenings. The division replaces a provision that
9requires a parent or guardian of an elementary school child
10to ensure that evidence of the child’s vision screening is
11provided to the school in which the child is enrolled with a
12requirement that the evidence of vision screening be provided
13to the department of public health by the person providing the
14screening.
15Blood Lead Testing. The division strikes language
16requiring the department of public health to adopt rules for
17a requirement that children receive a blood lead test before
18enrolling in any elementary school; strikes a requirement that
19a parent or guardian provide evidence to a school district
20that the parent or guardian’s child was tested for elevated
21blood lead levels by age six; strikes a provision requiring the
22school district and nonpublic school to ensure that the parent
23or guardian has complied and if not, to provide the parent or
24guardian with community blood lead testing information; and
25strikes a requirement that the school district and nonpublic
26school furnish the department with a list of children enrolled
27in kindergarten.
28Instead, the bill requires that the school districts and
29nonpublic schools ensure that the parent or guardian has
30received community blood lead testing program information,
31and requires the department to work with school districts,
32nonpublic schools, and the local childhood lead poisoning
33prevention programs to assure that children are tested.
34A requirement that the parents, guardians, and legal
35custodians of children under competent private instruction
-11-1submit evidence to a school district that the child has been
2tested for elevated blood lead levels has been replaced with a
3requirement that the parents, guardians, and legal custodians
4ensure that the child has been tested.
5School Nurse Requirement. The bill strikes the requirement
6that each school district have a school nurse to provide
7health services to students and the requirement that districts
8work toward a goal of having one school nurse for every 750
9students, and instead authorizes a school district to have a
10school nurse to provide health care to students.
11Student Eye Care. The division strikes a provision
12requiring that every parent or guardian of a child registered
13for kindergarten or preschool be provided with a student vision
14card provided by the Iowa optometric association and approved
15by the department of education with a goal of each child
16reaching an eye examination by age seven.
17DIVISION II — AREA EDUCATION AGENCY BOARDS — POSTING OF
18NOTICE OF PROPOSED BUDGET.
19Division II strikes a provision that requires area education
20agency (AEA) boards to give notice of a public hearing on the
21agency’s proposed budget by publication in an official county
22newspaper in each county in which a school district located
23within the AEA locates its principal place of business.
24DIVISION III — SCHOOL DISTRICTS — MISCELLANEOUS
25PROVISIONS.
26Teacher Librarian Requirement. The bill strikes a
27requirement that each school district have a teacher librarian,
28and instead authorizes each district to have a teacher
29librarian.
30School Bus Rules. The division strikes a provision
31requiring school boards to have rules regulating the loading
32and unloading of pupils from a school bus stopped on the
33highway during inclement weather.
34Schoolhouse and Site Fund Deposits. The division also
35provides an exception to a provision that requires a school
-12-1district to deposit in the physical plant and equipment
2levy moneys received from the condemnation, sale, or other
3disposition for public purposes of schoolhouses, school sites,
4or both schoolhouses and school sites. Under the exception,
5the board of directors of a school corporation organized under
6Code chapter 274 may take action to deposit such moneys in
7any proposed account of the school corporation if the board
8holds a public hearing on the proposal prior to taking action.
9The board must publish notice of the time and the place of
10the public hearing between 10 to 20 days before the hearing
11in a newspaper of general circulation located within the
12corporation’s boundaries. As used in the provision, “school
13corporation” refers to a school district, though under Code
14section 260C.14(3), the board of directors of a community
15college has the powers and duties prescribed for the boards of
16directors of school districts under Code chapter 279.
17Publication of Notice Prior to Loan Agreement. The division
18strikes a provision requiring a school corporation to publish
19notice in a newspaper of general circulation prior to entering
20into a loan agreement for an equipment purchase.
21School District Reporting Requirements. The division
22also strikes a provision requiring a school district to
23collect information from parents or guardians of kindergarten
24students regarding preschool attendance, factors identified
25by the early childhood Iowa office, and other demographic
26factors; and requiring the school district to report community
27strategies results, the early childhood assessment results,
28and the preschool information collected to the department of
29education each year. Also stricken is a requirement that the
30department review the information and submit its findings and
31recommendations annually in a report to the governor, the
32general assembly, the early childhood Iowa state board, and the
33early childhood Iowa area boards.
34Charging for Registry Checks. Currently, school districts
35are prohibited from charging employees for the cost of registry
-13-1checks. The bill provides that a school district may charge
2an employee for the cost of the registry checks, not to exceed
3the actual cost. Obsolete language relating to school employee
4registry checks is stricken.
5Energy Audit Results. The division also repeals a Code
6provision that requires the boards of directors of school
7districts to file with the economic development authority the
8results of an energy audit of the buildings owned and leased
9by the school district.
-14-kh/jh
2districts or school corporations, accredited nonpublic
3schools, or area education agencies.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SCHOOL DISTRICT RESPONSIBILITIES AND REQUIREMENTS RELATING TO
3CHILDREN’S HEALTH
4 Section 1. Section 8A.318, subsections 1 and 3, Code 2019,
5are amended to read as follows:
61. Findings and intent. The general assembly finds that
7human beings are vulnerable to and may be severely affected by
8exposure to chemicals, hazardous waste, and other environmental
9hazards. The federal environmental protection agency estimates
10that human exposure to indoor air pollutants can be two to
11five times, and up to one hundred times, higher than outdoor
12levels. Children, teachers, janitors, and other staff members
13spend a significant amount of time inside school buildings.
14Likewise, state State employees and citizens of this state
15spend a significant amount of time inside state buildings.
16These individuals are continuously exposed to chemicals from
17cleaners, waxes, deodorizers, and other maintenance products.
183. Use of environmentally preferable cleaning and maintenance
19products.
20a. All school districts in this state, community colleges,
21institutions under the control of the state board of regents,
22and state agencies utilizing state buildings, are encouraged
23to conform to an environmentally preferable cleaning policy
24designed to facilitate the purchase and use of environmentally
25preferable cleaning and maintenance products for purposes of
26public school, community college, regents institution, and
27state building cleaning and maintenance.
28b. Each school district, community college, institution
29under the control of the state board of regents, or state
30agency utilizing public buildings shall conduct an evaluation
31and assessment regarding implementation of an environmentally
32preferable cleaning policy pursuant to this section. On or
33after July 1, 2012, all All state agencies, and all school
34districts, community colleges, and institutions under the
35control of the state board of regents which have not opted
-1-1out of compliance pursuant to paragraph “c”, shall purchase
2only cleaning and maintenance products identified by the
3department or that meet nationally recognized standards.
4School districts, community Community colleges, institutions
5under the control of the state board of regents, and state
6agencies procuring supplies for schools and state buildings may
7deplete their existing cleaning and maintenance supply stocks
8and implement the new requirements in the procurement cycle
9for the following year. This section shall not be interpreted
10in a manner that prohibits the use of disinfectants,
11disinfecting cleaners, sanitizers, or any other antimicrobial
12product regulated by the federal Insecticide, Fungicide,
13and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
14to protect public health and provided that the use of these
15products is in accordance with responsible cleaning procedure
16requirements.
17c. A school district, community college, or institution
18under the control of the state board of regents may, based upon
19the evaluation and assessment conducted pursuant to paragraph
20“b”, opt out of compliance with the requirements of this section
21upon the affirmative vote of a majority of the members of the
22board of directors of the school district or a determination by
23the president of the community college or by the president or
24administrative officer of the regents institution. A school
25district, community college, or regents institution opting
26out of compliance pursuant to this paragraph shall notify the
27department of education, the state board of education, or the
28state board of regents, as appropriate, of this decision.
29 Sec. 2. Section 135.17, subsection 1, paragraphs a and b,
30Code 2019, are amended to read as follows:
31a. Except as provided in paragraphs “c” and “d”, the parent
32or guardian of a child enrolled in a public or accredited
33nonpublic elementary school shall provide evidence to the
34school district or accredited nonpublic elementary school in
35which the child is enrolled of ensure that the child having
-2-1 has, no earlier than three years of age but no later than four
2months after enrollment, at a minimum, a dental screening
3performed by a licensed physician, a licensed nurse, a licensed
4physician assistant, or a licensed dental hygienist or dentist.
5Except as provided in paragraphs “c” and “d”, the parent
6or guardian of a child enrolled in a public or accredited
7nonpublic high school shall provide evidence to the school
8district or accredited nonpublic high school in which the child
9is enrolled of ensure that the child having has, at a minimum,
10a dental screening performed no earlier than one year prior
11to enrollment and not later than four months after enrollment
12by a licensed dental hygienist or dentist. A school district
13or accredited nonpublic school shall may provide access to a
14process to complete the screenings described in this paragraph
15as appropriate.
16b. A person authorized to perform a dental screening
17required by this section shall record that the screening was
18completed, and such additional information required by the
19department, on uniform forms developed by the department in
20cooperation with the department of education, and shall submit
21the completed form to the department of public health in
22written or electronic form. The form shall include a space for
23the person to summarize any condition that may indicate a need
24for special services.
25 Sec. 3. Section 135.17, subsection 2, Code 2019, is amended
26to read as follows:
272. Each public and nonpublic school shall, in collaboration
28with the department, do the following:
29a. Ensure ensure that the parent or guardian of a student
30enrolled in kindergarten or grade nine in the school has
31complied with received information about the dental screening
32 requirements of subsection 1 and about any resources available
33to satisfy the requirements.
34b. Provide, if a student has not had a dental screening
35performed in accordance with subsection 1, the parent or
-3-1guardian of the student with community dental screening
2referral resources, including contact information for the
3i-smile coordinator, department, or dental society.
4 Sec. 4. Section 135.17, subsection 3, Code 2019, is amended
5by striking the subsection.
6 Sec. 5. Section 135.39D, subsections 1 and 5, Code 2019, are
7amended to read as follows:
81. The parent or guardian of a child to be enrolled in a
9public or accredited nonpublic elementary school shall ensure
10that the child is screened for vision impairment at least once
11before enrollment in kindergarten and again before enrollment
12in grade three. The parent or guardian of the child shall
13ensure that evidence of the vision screening is provided to the
14school district or accredited nonpublic school in which the
15child is enrolled. Evidence of the vision screening may shall
16 be provided either directly from the parent or guardian or from
17 to the department in either written or electronic form by a
18vision screening provider referred to in subsection 2, and may
19be provided in either written or electronic form.
205. Each public and accredited nonpublic elementary school
21shall, in collaboration with the department, do the following:
22a. Provide provide the parents or guardians of students with
23vision screening referral resources.
24b. Arrange for evidence of vision screenings provided
25pursuant to subsection 1 to be forwarded to the department.
26 Sec. 6. Section 135.102, subsection 7, Code 2019, is amended
27to read as follows:
287. Implementation of a requirement that requirements
29established under section 135.105D relating to blood lead
30testing of children receive a blood lead test prior to the age
31of six and before enrolling in any elementary school in Iowa in
32accordance with section 135.105D.
33 Sec. 7. Section 135.105D, subsection 2, paragraphs a and b,
34Code 2019, are amended to read as follows:
35a. A parent or guardian of a child under the age of two
-4-1is strongly encouraged to have the child tested for elevated
2blood lead levels by the age of two. Except as provided in
3paragraph “b” and subsection 4, a parent or guardian shall
4provide evidence to the school district elementary attendance
5center or the accredited nonpublic elementary school in which
6the parent’s or guardian’s child is enrolled ensure that the
7child was tested for elevated blood lead levels by the age of
8six according to recommendations provided by the department.
9b. The board of directors of each school district and
10the authorities in charge of each nonpublic school shall, in
11collaboration with the department, do the following:
12(1) Ensure ensure that the parent or guardian of a student
13enrolled in the school has complied with the requirements of
14paragraph “a”.
15(2) Provide, if the parent or guardian cannot provide
16evidence that the child received a blood lead test in
17accordance with paragraph “a”, the parent or guardian with
18 received community blood lead testing program information,
19including contact information for the department.
20 Sec. 8. Section 135.105D, subsection 3, Code 2019, is
21amended to read as follows:
223. The board of directors of each school district and the
23authorities in charge of each nonpublic school shall furnish
24the department, in the format specified by the department,
25within sixty days after the start of the school calendar, a
26list of the children enrolled in kindergarten. The department
27shall notify the school districts and nonpublic schools of the
28children who have not met the blood lead testing requirements
29set forth in this section and shall work with the school
30districts, nonpublic schools, and the local childhood lead
31poisoning prevention programs to assure that these children are
32tested as required by in accordance with this section.
33 Sec. 9. Section 256.11, subsection 9B, Code 2019, is amended
34to read as follows:
359B. Beginning July 1, 2007, each A school district shall may
-5-1 have a school nurse to provide health services to its students.
2Each school district shall work toward the goal of having one
3school nurse for every seven hundred fifty students enrolled in
4the school district. For purposes of this subsection, “school
5nurse” means a person who holds an endorsement or a statement of
6professional recognition for school nurses issued by the board
7of educational examiners under chapter 272.
8 Sec. 10. Section 280.7A, subsection 1, Code 2019, is amended
9by striking the subsection.
10 Sec. 11. Section 299.4, subsection 1, Code 2019, is amended
11to read as follows:
121. The parent, guardian, or legal custodian of a child
13who is of compulsory attendance age, who places the child
14under competent private instruction under section 299A.2, not
15in an accredited school or a home school assistance program
16operated by a school district or accredited nonpublic school,
17shall furnish a report in duplicate on forms provided by the
18public school district, to the district by September 1 of the
19school year in which the child will be under competent private
20instruction. The secretary shall retain and file one copy
21and forward the other copy to the district’s area education
22agency. The report shall state the name and age of the child,
23the period of time during which the child has been or will be
24under competent private instruction for the year, an outline
25of the course of study, texts used, and the name and address
26of the instructor. The parent, guardian, or legal custodian
27of a child, who is placing the child under competent private
28instruction for the first time, shall also provide the district
29with evidence that the child has had the immunizations required
30under section 139A.8, and, if the child is elementary school
31age, a shall ensure that the child was tested for elevated
32 blood lead test levels in accordance with section 135.105D.
33 The term “outline of course of study” shall include subjects
34covered, lesson plans, and time spent on the areas of study.
35DIVISION II
-6-1AREA EDUCATION AGENCY BOARDS — POSTING OF NOTICE OF PROPOSED
2BUDGET
3 Sec. 12. Section 273.3, subsection 12, Code 2019, is amended
4to read as follows:
512. Prepare an annual budget estimating income and
6expenditures for programs and services as provided in sections
7273.1, 273.2, this section, sections 273.4 to 273.9, and
8chapter 256B within the limits of funds provided under section
9256B.9 and chapter 257. The board shall give post notice
10of a public hearing on the proposed budget by publication in
11an official county newspaper in each county in the territory
12of the area education agency in which the principal place
13of business of a school district that is a part of the area
14education agency is located on the area education agency’s
15internet site. The notice shall specify the date, which
16shall be not later than March 1 of each year, the time, and
17the location of the public hearing. The proposed budget as
18approved by the board shall then be submitted to the state
19board of education, on forms provided by the department,
20no later than March 15 preceding the next fiscal year for
21approval. The state board shall review the proposed budget of
22each area education agency and shall before May 1, either grant
23approval or return the budget without approval with comments
24of the state board included. An unapproved budget shall be
25resubmitted to the state board for final approval not later
26than May 15. The state board shall give final approval only to
27budgets submitted by area education agencies accredited by the
28state board or that have been given conditional accreditation
29by the state board.
30DIVISION III
31SCHOOL DISTRICTS — MISCELLANEOUS PROVISIONS
32 Sec. 13. Section 256.11, subsection 9, Code 2019, is amended
33to read as follows:
349. Beginning July 1, 2006, each A school district shall may
35 have a qualified teacher librarian who shall be licensed by the
-7-1board of educational examiners under chapter 272. The state
2board shall establish in rule a definition of and standards for
3an articulated sequential kindergarten through grade twelve
4media program. A school district that entered into a contract
5with an individual for employment as a media specialist or
6librarian prior to June 1, 2006, shall be considered to be
7in compliance with this subsection until June 30, 2011, if
8the individual is making annual progress toward meeting the
9requirements for a teacher librarian endorsement issued by the
10board of educational examiners under chapter 272. A school
11district that entered into a contract with an individual for
12employment as a media specialist or librarian who holds at
13least a master’s degree in library and information studies
14shall be considered to be in compliance with this subsection
15 until the individual leaves the employ of the school district.
16 Sec. 14. Section 279.8, subsection 1, Code 2019, is amended
17to read as follows:
181. The board shall make rules for its own government and
19that of the directors, officers, employees, teachers and
20pupils, and for the care of the schoolhouse, grounds, and
21property of the school corporation, and shall aid in the
22enforcement of the rules, and require the performance of duties
23imposed by law and the rules. The board shall include in its
24rules provisions regulating the loading and unloading of pupils
25from a school bus stopped on the highway during a period of
26reduced highway visibility caused by fog, snow or other weather
27conditions. The board shall have the authority to include in
28its rules provisions allowing school corporation employees to
29use school credit cards to pay for the actual and necessary
30expenses incurred in the performance of work-related duties.
31 Sec. 15. Section 279.41, Code 2019, is amended to read as
32follows:
33279.41 Schoolhouses and sites sold — funds.
341. Moneys received from the condemnation, sale, or other
35disposition for public purposes of schoolhouses, school sites,
-8-1or both schoolhouses and school sites, shall be deposited in
2the physical plant and equipment levy fund and may without a
3vote of the electorate be used for purposes authorized under
4section 298.3, as ordered by the board of directors of the
5school district corporation.
62. Notwithstanding subsection 1, the board of directors of a
7school corporation organized under chapter 274 may take action
8to deposit moneys received pursuant to subsection 1 in any
9proposed account of the school corporation. However, the board
10shall hold a public hearing on the proposal prior to taking
11action to deposit the funds in accordance with this subsection.
12The board shall publish notice of the time and the place of the
13public hearing in the same manner as required in section 24.9.
14 Sec. 16. Section 279.48, subsection 3, Code 2019, is amended
15by striking the subsection.
16 Sec. 17. Section 279.60, subsection 2, Code 2019, is amended
17by striking the subsection.
18 Sec. 18. Section 279.69, subsection 1, Code 2019, is amended
19to read as follows:
201. Prior to hiring an applicant for a school employee
21position, a school district shall have access to and shall
22review the information in the Iowa court information system
23available to the general public, the sex offender registry
24information under section 692A.121 available to the general
25public, the central registry for child abuse information
26established under section 235A.14, and the central registry for
27dependent adult abuse information established under section
28235B.5 for information regarding the applicant. A school
29district shall follow the same procedure by June 30, 2014, for
30each school employee employed by the school district as of July
311, 2013. A school district shall implement a consistent policy
32to follow the same procedure for each school employee employed
33by the school district on or after July 1, 2013, at least every
34five years after the school employee’s initial date of hire. A
35school district shall not may charge an employee for the cost
-9-1of the registry checks conducted pursuant to this subsection,
2not to exceed the actual cost of the registry checks. A school
3district shall maintain documentation demonstrating compliance
4with this subsection.
5 Sec. 19. REPEAL. Section 279.44, Code 2019, is repealed.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the responsibilities and authority
10relating to school districts and the boards of directors of
11school districts and is organized in divisions.
12DIVISION I — SCHOOL DISTRICT RESPONSIBILITIES AND
13REQUIREMENTS RELATING TO CHILDREN’S HEALTH.
14Dental Screenings. Division I strikes provisions that
15require a parent or guardian of a child enrolled in public
16and accredited nonpublic elementary school or high school to
17provide evidence to the school that the child has had a dental
18screening performed by a licensed physician, nurse, physician
19assistant, dentist, or dental hygienist; require the schools
20to ensure that the parent or guardian has complied with the
21requirements; and require the school to provide the parent or
22guardian of a student who has not had a dental screening with
23community dental screening referral services.
24The division requires the person who performs the child’s
25dental screening to submit the information regarding completion
26of the screening on a form to the department of public health,
27and provides that the form may be submitted to the department
28in written or electronic form.
29Under the division, the school must ensure that the parent or
30guardian of a student enrolled in kindergarten or grade nine
31has received information about the state’s dental screening
32requirements and about resources that are available to satisfy
33the requirements.
34Use of Environmentally Preferable Cleaning Products in
35School District Buildings. The division strikes requirements
-10-1that school districts conduct an evaluation and assessment
2regarding implementation of an environmentally preferable
3cleaning policy and, unless districts opt out of compliance,
4to purchase only cleaning and maintenance products identified
5by the department of administrative services as being
6environmentally preferable or that meet nationally recognized
7standards.
8Vision Screenings. The division replaces a provision that
9requires a parent or guardian of an elementary school child
10to ensure that evidence of the child’s vision screening is
11provided to the school in which the child is enrolled with a
12requirement that the evidence of vision screening be provided
13to the department of public health by the person providing the
14screening.
15Blood Lead Testing. The division strikes language
16requiring the department of public health to adopt rules for
17a requirement that children receive a blood lead test before
18enrolling in any elementary school; strikes a requirement that
19a parent or guardian provide evidence to a school district
20that the parent or guardian’s child was tested for elevated
21blood lead levels by age six; strikes a provision requiring the
22school district and nonpublic school to ensure that the parent
23or guardian has complied and if not, to provide the parent or
24guardian with community blood lead testing information; and
25strikes a requirement that the school district and nonpublic
26school furnish the department with a list of children enrolled
27in kindergarten.
28Instead, the bill requires that the school districts and
29nonpublic schools ensure that the parent or guardian has
30received community blood lead testing program information,
31and requires the department to work with school districts,
32nonpublic schools, and the local childhood lead poisoning
33prevention programs to assure that children are tested.
34A requirement that the parents, guardians, and legal
35custodians of children under competent private instruction
-11-1submit evidence to a school district that the child has been
2tested for elevated blood lead levels has been replaced with a
3requirement that the parents, guardians, and legal custodians
4ensure that the child has been tested.
5School Nurse Requirement. The bill strikes the requirement
6that each school district have a school nurse to provide
7health services to students and the requirement that districts
8work toward a goal of having one school nurse for every 750
9students, and instead authorizes a school district to have a
10school nurse to provide health care to students.
11Student Eye Care. The division strikes a provision
12requiring that every parent or guardian of a child registered
13for kindergarten or preschool be provided with a student vision
14card provided by the Iowa optometric association and approved
15by the department of education with a goal of each child
16reaching an eye examination by age seven.
17DIVISION II — AREA EDUCATION AGENCY BOARDS — POSTING OF
18NOTICE OF PROPOSED BUDGET.
19Division II strikes a provision that requires area education
20agency (AEA) boards to give notice of a public hearing on the
21agency’s proposed budget by publication in an official county
22newspaper in each county in which a school district located
23within the AEA locates its principal place of business.
24DIVISION III — SCHOOL DISTRICTS — MISCELLANEOUS
25PROVISIONS.
26Teacher Librarian Requirement. The bill strikes a
27requirement that each school district have a teacher librarian,
28and instead authorizes each district to have a teacher
29librarian.
30School Bus Rules. The division strikes a provision
31requiring school boards to have rules regulating the loading
32and unloading of pupils from a school bus stopped on the
33highway during inclement weather.
34Schoolhouse and Site Fund Deposits. The division also
35provides an exception to a provision that requires a school
-12-1district to deposit in the physical plant and equipment
2levy moneys received from the condemnation, sale, or other
3disposition for public purposes of schoolhouses, school sites,
4or both schoolhouses and school sites. Under the exception,
5the board of directors of a school corporation organized under
6Code chapter 274 may take action to deposit such moneys in
7any proposed account of the school corporation if the board
8holds a public hearing on the proposal prior to taking action.
9The board must publish notice of the time and the place of
10the public hearing between 10 to 20 days before the hearing
11in a newspaper of general circulation located within the
12corporation’s boundaries. As used in the provision, “school
13corporation” refers to a school district, though under Code
14section 260C.14(3), the board of directors of a community
15college has the powers and duties prescribed for the boards of
16directors of school districts under Code chapter 279.
17Publication of Notice Prior to Loan Agreement. The division
18strikes a provision requiring a school corporation to publish
19notice in a newspaper of general circulation prior to entering
20into a loan agreement for an equipment purchase.
21School District Reporting Requirements. The division
22also strikes a provision requiring a school district to
23collect information from parents or guardians of kindergarten
24students regarding preschool attendance, factors identified
25by the early childhood Iowa office, and other demographic
26factors; and requiring the school district to report community
27strategies results, the early childhood assessment results,
28and the preschool information collected to the department of
29education each year. Also stricken is a requirement that the
30department review the information and submit its findings and
31recommendations annually in a report to the governor, the
32general assembly, the early childhood Iowa state board, and the
33early childhood Iowa area boards.
34Charging for Registry Checks. Currently, school districts
35are prohibited from charging employees for the cost of registry
-13-1checks. The bill provides that a school district may charge
2an employee for the cost of the registry checks, not to exceed
3the actual cost. Obsolete language relating to school employee
4registry checks is stricken.
5Energy Audit Results. The division also repeals a Code
6provision that requires the boards of directors of school
7districts to file with the economic development authority the
8results of an energy audit of the buildings owned and leased
9by the school district.
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