Senate File 350 - IntroducedA Bill ForAn Act 1concerning employment matters involving public employees
2including collective bargaining, educator employment
3matters, personnel records and settlement agreements, city
4civil service requirements, and health insurance matters,
5and including effective date, applicability, and transition
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC EMPLOYEE COLLECTIVE BARGAINING
3   Section 1.  Section 20.3, subsections 11 and 13, Code 2019,
4are amended by striking the subsections.
5   Sec. 2.  Section 20.6, subsection 1, Code 2019, is amended
6to read as follows:
   71.  Administer Interpret, apply, and administer the
8provisions of this chapter.
9   Sec. 3.  Section 20.6, subsections 6 and 7, Code 2019, are
10amended by striking the subsections.
11   Sec. 4.  Section 20.7, subsection 2, Code 2019, is amended
12to read as follows:
   132.  Hire, evaluate, promote, demote, transfer, assign, and
14retain public employees in positions within the public agency.
15   Sec. 5.  Section 20.8, subsection 5, Code 2019, is amended by
16striking the subsection.
17   Sec. 6.  Section 20.9, Code 2019, is amended by striking the
18section and inserting in lieu thereof the following:
   1920.9  Scope of negotiations.
   201.  The public employer and the employee organization shall
21meet at reasonable times, including meetings reasonably in
22advance of the public employer’s budget-making process, to
23negotiate in good faith with respect to but not limited to the
24following:
   25a.  Wages.
   26b.  Hours, including the establishment of work shifts and
27schedules and procedures and criteria for assigning work shifts
28and schedules.
   29c.  Vacations.
   30d.  Insurance, including the determination of the health
31insurance carrier.
   32e.  Holidays.
   33f.  Leaves of absence, including cash payments for
34accumulated leave.
   35g.  Shift differentials.
-1-
   1h.  Overtime compensation.
   2i.  Supplemental pay, including payments and benefits which
3are other than wages and are not paid as compensation for or
4conditioned upon the employees’ performance of services in
5addition to their regular services to the public employer.
   6j.  Seniority.
   7k.  Transfer procedures.
   8l.  Job classifications.
   9m.  Health and safety matters.
   10n.  Evaluation procedures, including the frequency of
11evaluations, the method of evaluation, evaluation forms
12and other evaluation instruments, evaluation criteria, the
13purposes for and use of evaluations, and remedial and employee
14performances improvement plans and procedures.
   15o.  Procedures for staff reduction.
   16p.  In-service training.
   17q.  Preparation time.
   18r.  Class size.
   19s.  Discipline and discharge, including grounds for discharge
20and imposition of other discipline, levels and types of
21disciplinary measures, and procedures for resolving disputes.
   22t.  Work uniforms and equipment and other required work
23clothing and equipment, including allowances for uniforms and
24equipment and other required work clothing and equipment.
   25u.  Staffing levels.
   26v.  Retirement systems not excluded from negotiations
27pursuant to subsection 4.
   28w.  Other terms and conditions of employment except as
29provided in subsection 4.
   302.  Negotiations shall also include terms authorizing
31dues checkoff for members of the employee organization and
32grievance procedures for resolving any questions arising under
33the agreement, which shall be embodied in a written agreement
34and signed by the parties. If an agreement provides for dues
35checkoff, a member’s dues may be checked off only upon the
-2-1member’s written request and the member may terminate the dues
2checkoff at any time by giving thirty days’ written notice.
3Such obligation to negotiate in good faith does not compel
4either party to agree to a proposal or make a concession.
   53.  Nothing in this section shall diminish the authority
6and power of the department of administrative services, board
7of regents’ merit system, Iowa public broadcasting board’s
8merit system, or any civil service commission established by
9constitutional provision, statute, charter, or special act to
10recruit employees, prepare, conduct and grade examinations,
11rate candidates in order of their relative scores for
12certification for appointment or promotion or for other matters
13of classification, reclassification or appeal rights in the
14classified service of the public employer served.
   154.  The following shall be excluded from the scope of
16negotiations:
   17a.  All retirement systems established by statute except
18for pension and annuity retirement systems established
19under chapter 412 and except for supplemental and additional
20retirement benefits including severance payments, cash payments
21based on accumulated or unused leave time, and insurance for
22retired employees.
   23b.  Discharge for teachers who are employed pursuant to
24chapter 279. For purposes of this paragraph, discharge does
25not include procedures and criteria for staff reduction.
26   Sec. 7.  Section 20.10, subsection 3, paragraph j, Code 2019,
27is amended by striking the paragraph.
28   Sec. 8.  Section 20.12, subsection 5, Code 2019, is amended
29to read as follows:
   305.  If an employee organization or any of its officers
31is held to be in contempt of court for failure to comply
32with an injunction pursuant to this section, or is convicted
33of violating this section, the employee organization shall
34be immediately decertified, shall cease to represent the
35bargaining unit, shall cease to receive any dues by checkoff,
-3-1 and may again be certified only after twenty-four twelve months
2have elapsed from the effective date of decertification and
3only if after a new petition for certification pursuant to
4
 compliance with section 20.14 is filed and a new certification
5election pursuant to section 20.15 is held
. The penalties
6provided in this section may be suspended or modified by the
7court, but only upon request of the public employer and only
8if the court determines the suspension or modification is in
9the public interest.
10   Sec. 9.  Section 20.15, Code 2019, is amended by striking the
11section and inserting in lieu thereof the following:
   1220.15  Elections.
   131.  Upon the filing of a petition for certification of an
14employee organization, the board shall submit a question to
15the public employees at an election in the bargaining unit
16found appropriate by the board. The question on the ballot
17shall permit the public employees to vote for no bargaining
18representation or for any employee organization which has
19petitioned for certification or which has presented proof
20satisfactory to the board of support of ten percent or more of
21the public employees in the appropriate unit.
   222.  If a majority of the votes cast on the question is
23for no bargaining representation, the public employees in
24the bargaining unit found appropriate by the board shall not
25be represented by an employee organization. If a majority
26of the votes cast on the question is for a listed employee
27organization, then that employee organization shall represent
28the public employees in the bargaining unit found appropriate
29by the board.
   303.  If none of the choices on the ballot receive the vote
31of a majority of the public employees voting, the board shall
32conduct a runoff election among the two choices receiving the
33greatest number of votes.
   344.  Upon written objections filed by any party to the
35election within ten days after notice of the results of
-4-1the election, if the board finds that misconduct or other
2circumstances prevented the public employees eligible to
3vote from freely expressing their preferences, the board may
4invalidate the election and hold a second election for the
5public employees.
   65.  Upon completion of a valid election in which the majority
7choice of the employees voting is determined, the board shall
8certify the results of the election and shall give reasonable
9notice of the order to all employee organizations listed on the
10ballot, the public employers, and the public employees in the
11appropriate bargaining unit.
   126.  a.  A petition for certification as exclusive bargaining
13representative of a bargaining unit shall not be considered
14by the board for a period of one year from the date of the
15noncertification of an employee organization as the exclusive
16bargaining representative of that bargaining unit following a
17certification election. A petition for certification as the
18exclusive bargaining representative of a bargaining unit shall
19also not be considered by the board if the bargaining unit is
20at that time represented by a certified exclusive bargaining
21representative.
   22b.  A petition for the decertification of the exclusive
23bargaining representative of a bargaining unit shall not be
24considered by the board for a period of one year from the date
25of its certification, or within one year of its continued
26certification following a decertification election, or during
27the duration of a collective bargaining agreement which, for
28purposes of this section, shall be deemed not to exceed two
29years. However, if a petition for decertification is filed
30during the duration of a collective bargaining agreement, the
31board shall award an election under this section not more than
32one hundred eighty days and not less than one hundred fifty
33days prior to the expiration of the collective bargaining
34agreement. If an employee organization is decertified, the
35board may receive petitions under section 20.14, provided that
-5-1no such petition and no election conducted pursuant to such
2petition within one year from decertification shall include as
3a party the decertified employee organization.
   4c.  A collective bargaining agreement with the state, its
5boards, commissions, departments, and agencies shall be for two
6years. The provisions of a collective bargaining agreement or
7arbitrator’s award affecting state employees shall not provide
8for renegotiations which would require the refinancing of
9salary and fringe benefits for the second year of the term of
10the agreement, except as provided in section 20.17, subsection
116. The effective date of any such agreement shall be July 1 of
12odd-numbered years, provided that if an exclusive bargaining
13representative is certified on a date which will prevent the
14negotiation of a collective bargaining agreement prior to
15July 1 of odd-numbered years for a period of two years, the
16certified collective bargaining representative may negotiate
17a one-year contract with the public employer which shall be
18effective from July 1 of the even-numbered year to July 1
19of the succeeding odd-numbered year when new contracts shall
20become effective.
21   Sec. 10.  Section 20.17, subsection 8, Code 2019, is amended
22by striking the subsection and inserting in lieu thereof the
23following:
   248.  The salaries of all public employees of the state under
25a merit system and all other fringe benefits which are granted
26to all public employees of the state shall be negotiated with
27the governor or the governor’s designee on a statewide basis,
28except those benefits which are not subject to negotiations
29pursuant to the provisions of section 20.9.
30   Sec. 11.  Section 20.17, Code 2019, is amended by adding the
31following new subsection:
32   NEW SUBSECTION.  8A.  A public employee or any employee
33organization shall not negotiate or attempt to negotiate
34directly with a member of the governing board of a public
35employer if the public employer has appointed or authorized
-6-1a bargaining representative for the purpose of bargaining
2with the public employees or their representative, unless the
3member of the governing board is the designated bargaining
4representative of the public employer.
5   Sec. 12.  Section 20.22, subsections 2, 3, 7, 9, and 10, Code
62019, are amended to read as follows:
   72.  Each party shall serve its final offer on each of
8the impasse items upon the other party within four days of
9the board’s receipt of the request for arbitration, or by a
10deadline otherwise agreed upon by the parties
. The parties may
11continue to negotiate all offers until an agreement is reached
12or an award is rendered by the arbitrator. The full costs of
13arbitration under this section shall be shared equally by the
14parties to the dispute.
   153.  The submission of the impasse items to the arbitrator
16shall be limited to those items upon which the parties have
17not reached agreement. With respect to each such item, the
18arbitrator’s award shall be restricted to the final offers on
19each impasse item submitted by the parties to the arbitrator,
20except as provided in subsection 10, paragraph “b”
.
   217.  For an arbitration involving a bargaining unit that
22has at least thirty percent of members who are public safety
23employees, the
 The arbitrator shall consider and specifically
24address in the arbitrator’s determination
, in addition to any
25other relevant factors, the following factors:
   26a.  Past collective bargaining contracts between the parties
27including the bargaining that led up to such contracts.
   28b.  Comparison of wages, hours, and conditions of employment
29of the involved public employees with those of other public
30employees doing comparable work, giving consideration to
31factors peculiar to the area and the classifications involved.
   32c.  The interests and welfare of the public, the ability of
33the public employer to finance economic adjustments, and the
34effect of such adjustments on the normal standard of services.
   35d.  The power of the public employer to levy taxes and
-7-1appropriate funds for the conduct of its operations.
   29.  a.  The arbitrator may administer oaths, examine
3witnesses and documents, take testimony and receive evidence,
4and issue subpoenas to compel the attendance of witnesses and
5the production of records. The arbitrator may petition the
6district court at the seat of government or of the county
7in which the hearing is held to enforce the order of the
8arbitrator compelling the attendance of witnesses and the
9production of records.
   10b.  Except as required for purposes of the consideration of
11the factors specified in subsection 7, paragraphs “a” through
12“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
13(3), the parties shall not introduce, and the arbitrator
14shall not accept or consider, any direct or indirect evidence
15regarding any subject excluded from negotiations pursuant to
16section 20.9.
   1710.  a.  The arbitrator shall select within fifteen
18days after the hearing the most reasonable offer, in the
19arbitrator’s judgment, of the final offers on each impasse item
20submitted by the parties.
   21b.  (1)  However, for an arbitration involving a bargaining
22unit that does not have at least thirty percent of members who
23are public safety employees, with respect to any increase in
24base wages, the arbitrator’s award shall not exceed the lesser
25of the following percentages in any one-year period in the
26duration of the bargaining agreement:
   27(a)  Three percent.
   28(b)  A percentage equal to the increase in the consumer
29price index for all urban consumers for the midwest region,
30if any, as determined by the United States department of
31labor, bureau of labor statistics, or a successor index. Such
32percentage shall be the change in the consumer price index
33for the twelve-month period beginning eighteen months prior
34to the month in which the impasse item regarding base wages
35was submitted to the arbitrator and ending six months prior to
-8-1the month in which the impasse item regarding base wages was
2submitted to the arbitrator.
   3(2)  To assist the parties in the preparation of their final
4offers on an impasse item regarding base wages, the board
5shall provide information to the parties regarding the change
6in the consumer price index for all urban consumers for the
7midwest region for any twelve-month period. The department of
8workforce development shall assist the board in preparing such
9information upon request.
10   Sec. 13.  Section 20.22, subsection 8, Code 2019, is amended
11by striking the subsection.
12   Sec. 14.  Section 20.26, subsection 4, Code 2019, is amended
13to read as follows:
   144.  Nothing in this section shall be construed to prohibit
15voluntary contributions by individuals to political parties
16or candidates, provided that such contributions are not made
17through payroll deductions
.
18   Sec. 15.  Section 20.29, Code 2019, is amended to read as
19follows:
   2020.29  Filing agreement — public access — internet site.
   211.  Collective bargaining agreements shall be in writing and
22shall be signed by the parties.
   232.  A copy of a collective bargaining agreement entered into
24between a public employer and a certified employee organization
25and made final under this chapter shall be filed with the board
26by the public employer within ten days of the date on which the
27agreement is entered into.
   283.  Copies of collective bargaining agreements entered
29into between the state and the state employees’ bargaining
30representatives and made final under this chapter shall be
31filed with the secretary of state and be made available to the
32public at cost.
   334.  The board shall maintain an internet site that allows
34searchable access to a database of collective bargaining
35agreements and other collective bargaining information.
-9-
1   Sec. 16.  Section 20.30, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
   320.30  Supervisory member — no reduction before retirement.
4A supervisory member of any department or agency employed by
5the state of Iowa shall not be granted a voluntary reduction to
6a nonsupervisory rank or grade during the six months preceding
7retirement of the member. A member of any department or agency
8employed by the state of Iowa who retires in less than six
9months after voluntarily requesting and receiving a reduction
10in rank or grade from a supervisory to a nonsupervisory
11position shall be ineligible for a benefit to which the member
12is entitled as a nonsupervisory member but is not entitled as a
13supervisory member.
14The provisions of this section shall be effective during the
15collective bargaining agreement in effect from July 1, 1979,
16to June 30, 1981.
17   Sec. 17.  Section 20.31, subsection 2, unnumbered paragraph
181, Code 2019, is amended to read as follows:
   19A mediator shall not be required to testify in any judicial,
20administrative, arbitration, or grievance proceeding regarding
21any matters occurring in the course of a mediation, including
22any verbal or written communication or behavior, other than
23facts relating exclusively to the timing or scheduling of
24mediation. A mediator shall not be required to produce or
25disclose any documents, including notes, memoranda, or other
26work product, relating to mediation, other than documents
27relating exclusively to the timing or scheduling of mediation.
28This subsection shall not apply in any of the following
29circumstances:
30   Sec. 18.  Section 22.7, subsection 69, Code 2019, is amended
31to read as follows:
   3269.  The evidence of public employee support for
33the certification, retention and recertification, or
34decertification of an employee organization as defined in
35section 20.3 that is submitted to the public employment
-10-1relations board as provided in section 20.14 or 20.15.
2   Sec. 19.  Section 22.7, subsection 70, Code 2019, is amended
3by striking the subsection.
4   Sec. 20.  Section 70A.17A, Code 2019, is amended by adding
5the following new subsection:
6   NEW SUBSECTION.  3.  This section shall not affect a payroll
7deduction elected by a state employee pursuant to section
870A.19.
9   Sec. 21.  Section 70A.19, Code 2019, is amended by striking
10the section and inserting in lieu thereof the following:
   1170A.19  Duration of state payroll deduction for dues of
12employee organization member.
  13A state employee who elects a payroll deduction for
14membership dues to an employee organization pursuant to the
15provisions of a collective bargaining agreement negotiated
16under the provisions of chapter 20 shall maintain the deduction
17for a period of one year or until the expiration of the
18collective bargaining agreement, whichever occurs first. A
19state employee who transfers employment to a position covered
20by a different collective bargaining agreement or who becomes
21a management employee is not subject to this requirement.
22With respect to state employees, this section supersedes the
23provisions of section 20.9 allowing termination of a dues
24checkoff at any time but does not supersede the requirement for
25thirty days’ written notice of termination.
26   Sec. 22.  Section 412.2, subsection 1, Code 2019, is amended
27to read as follows:
   281.  From the proceeds of the assessments on the wages
29and salaries of employees, of any such waterworks system,
30or other municipally owned and operated public utility,
31eligible to receive the benefits thereof. Notwithstanding
32any provisions of section 20.9 to the contrary, a council,
33board of waterworks, or other board or commission which
34establishes a pension and annuity retirement system pursuant to
35this chapter, shall negotiate in good faith with a certified
-11-1employee organization as defined in section 20.3, which is the
2collective bargaining representative of the employees, with
3respect to the amount or rate of the assessment on the wages
4and salaries of employees and the method or methods for payment
5of the assessment by the employees.

6   Sec. 23.  Section 602.1401, subsection 3, paragraph b, Code
72019, is amended to read as follows:
   8b.  For purposes of chapter 20, the certified representative,
9which on July 1, 1983, represents employees who become judicial
10branch employees as a result of 1983 Iowa Acts, ch.186, shall
11remain the certified representative when the employees become
12judicial branch employees and thereafter, unless the public
13employee organization is not retained and recertified or is
14 decertified in an election held under section 20.15 or amended
15or absorbed into another certified organization pursuant to
16chapter 20. Collective bargaining negotiations shall be
17conducted on a statewide basis and the certified employee
18organizations which engage in bargaining shall negotiate on a
19statewide basis, although bargaining units shall be organized
20by judicial district. The public employment relations board
21shall adopt rules pursuant to chapter 17A to implement this
22subsection.
23   Sec. 24.  REPEAL.  Sections 20.32 and 20.33, Code 2019, are
24repealed.
25   Sec. 25.  TRANSITION PROCEDURES — DEADLINE — EMERGENCY
26RULES.
   271.  As of the effective date of this division of this Act,
28parties, mediators, and arbitrators engaging in any collective
29bargaining procedures provided for in chapter 20, Code 2019,
30who have not, before the effective date of this division
31of this Act, completed such procedures, shall immediately
32terminate any such procedures in process. A collective
33bargaining agreement negotiated pursuant to such procedures in
34process shall not become effective. Parties, mediators, and
35arbitrators shall not engage in further collective bargaining
-12-1procedures except as provided in this section. Such parties
2shall commence collective bargaining in accordance with section
320.17, as amended in this division of this Act. Such parties
4shall complete such bargaining not later than June 30, 2019,
5unless the parties mutually agree to a different deadline.
   62.  The public employment relations board shall adopt
7emergency rules under section 17A.4, subsection 3, and section
817A.5, subsection 2, paragraph “b”, to provide for procedures
9as deemed necessary to implement the provisions of this section
10and the rules shall be effective immediately upon filing
11unless a later date is specified in the rules. Such rules
12shall include but are not limited to alternative deadlines for
13completion of the procedures provided in sections 20.17 and
1420.22, as amended by this division of this Act, and sections
1520.19 and 20.20, which deadlines may be waived by mutual
16agreement of the parties.
   173.  The department of administrative services shall adopt
18emergency rules under section 17A.4, subsection 3, and
19section 17A.5, subsection 2, paragraph “b”, to provide for the
20implementation of section 70A.19, as amended by this division
21of this Act, and the rules shall be effective immediately upon
22filing unless a later date is specified in the rules.
23   Sec. 26.  ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
24RELATIONS BOARD.
   251.  The public employment relations board shall cancel any
26elections scheduled or in process pursuant to section 20.15,
27subsection 2, Code 2019, as of the effective date of this Act.
   282.  Notwithstanding section 20.15, subsection 1, paragraph
29“c”, Code 2019, the public employment relations board
30shall consider a petition for certification of an employee
31organization as the exclusive representative of a bargaining
32unit for which an employee organization was not retained and
33recertified as the exclusive representative of that bargaining
34unit regardless of the amount of time that has elapsed since
35the retention and recertification election at which an employee
-13-1organization was not retained or recertified.
2   Sec. 27.  EFFECTIVE DATE.  This division of this Act, being
3deemed of immediate importance, takes effect upon enactment.
4   Sec. 28.  APPLICABILITY.  With the exception of the
5section of this division of this Act amending section 20.6,
6subsection 1, this division of this Act does not apply to
7collective bargaining agreements which have been ratified in a
8ratification election referred to in section 20.17, subsection
94, for which an arbitrator has made a final determination as
10described in section 20.22, subsection 11, or which have become
11effective, where such events occurred before the effective
12date of this division of this Act. This division of this Act
13applies to all collective bargaining procedures provided for in
14chapter 20 occurring on and after the effective date of this
15division of this Act and collective bargaining agreements for
16which a ratification election referred to in section 20.17,
17subsection 4, is held, for which an arbitrator makes a final
18determination as described in section 20.22, subsection 11, or
19which become effective on or after the effective date of this
20division of this Act.
21DIVISION II
22EDUCATOR EMPLOYMENT MATTERS
23   Sec. 29.  Section 279.13, subsections 2 and 5, Code 2019, are
24amended to read as follows:
   252.  The contract shall remain in force and effect for the
26period stated in the contract and shall be automatically
27continued for equivalent periods except as modified or
28terminated by mutual agreement of the board of directors and
29the teacher or as modified or terminated in accordance with
30the provisions specified in this chapter. A contract shall
31not be offered by the employing board to a teacher under its
32jurisdiction prior to March 15 of any year. A teacher who has
33not accepted a contract for the ensuing school year tendered
34by the employing board may resign effective at the end of the
35current school year by filing a written resignation with the
-14-1secretary of the board. The resignation must be filed not
2later than the last day of the current school year or the date
3specified by the employing board for return of the contract,
4whichever date occurs first. However, a teacher shall not be
5required to return a contract to the board or to resign less
6than twenty-one days after the contract has been offered.
   75.  Notwithstanding the other provisions of this section, a
8temporary contract may be issued to a teacher for a period of
9up to six months. Notwithstanding the other provisions of this
10section, a temporary contract may also be issued to a teacher

11 to fill a vacancy created by a leave of absence in accordance
12with the provisions of section 29A.28, which contract shall
13automatically terminate upon return from military leave of the
14former incumbent of the teaching position. Temporary contracts
15
 and which contract shall not be subject to the provisions of
16sections 279.15 through 279.19, or section 279.27. A separate
17extracurricular contract issued pursuant to section 279.19A to
18a person issued a temporary contract under this section shall
19automatically terminate with the termination of the temporary
20contract as required under section 279.19A, subsection 8.
21   Sec. 30.  Section 279.13, subsection 4, unnumbered paragraph
221, Code 2019, is amended to read as follows:
   23For purposes of this section, sections 279.14, 279.15,
24279.16
 through 279.17, 279.19, and 279.27, unless the context
25otherwise requires, “teacher” includes the following individuals
26employed by a community college:
27   Sec. 31.  Section 279.14, Code 2019, is amended to read as
28follows:
   29279.14  Evaluation criteria and procedures.
   301.  The board shall establish evaluation criteria and shall
31implement
evaluation procedures. If an exclusive bargaining
32representative has been certified, the board shall negotiate
33in good faith with respect to evaluation procedures pursuant
34to chapter 20.

   352.  The determination of standards of performance expected
-15-1of school district personnel shall be reserved as an exclusive
2management right of the school board and shall not be subject
3to mandatory negotiations under chapter 20. Objections
4
 Notwithstanding chapter 20, objections to the procedures,
5use, or content of an evaluation in a teacher termination
6proceeding brought before the school board in a hearing held in
7accordance with section 279.16 or 279.27 shall not be subject
8to any the grievance procedures negotiated in accordance with
9chapter 20. A school district shall not be obligated to
10process any evaluation grievance after service of a notice and
11recommendation to terminate an individual’s continuing teaching
12contract in accordance with this chapter.

13   Sec. 32.  Section 279.15, subsection 2, paragraph c, Code
142019, is amended to read as follows:
   15c.  Within five days of the receipt of the written notice
16that the superintendent is recommending termination of the
17contract, the teacher may request, in writing to the secretary
18of the board, a private hearing with the board. The private
19hearing shall not be subject to chapter 21 and shall be held
20no sooner than twenty ten days and no later than forty twenty
21 days following the receipt of the request unless the parties
22otherwise agree. The secretary of the board shall notify the
23teacher in writing of the date, time, and location of the
24private hearing, and at least ten five days before the hearing
25shall also furnish to the teacher any documentation which
26may be presented to the board at the private hearing and a
27list of persons who may address the board in support of the
28superintendent’s recommendation at the private hearing. At
29least seven three days before the hearing, the teacher shall
30provide any documentation the teacher expects to present at
31the private hearing, along with the names of any persons who
32may address the board on behalf of the teacher. This exchange
33of information shall be at the time specified unless otherwise
34agreed.
35   Sec. 33.  Section 279.16, Code 2019, is amended by striking
-16-1the section and inserting in lieu thereof the following:
   2279.16  Private hearing — decision — record.
   31.  The participants at the private hearing shall be
4at least a majority of the members of the board, their
5legal representatives, if any, the superintendent, the
6superintendent’s designated representatives, if any, the
7teacher’s immediate supervisor, the teacher, the teacher’s
8representatives, if any, and the witnesses for the parties.
9The evidence at the private hearing shall be limited to the
10specific reasons stated in the superintendent’s notice of
11recommendation of termination. No participant in the hearing
12shall be liable for any damages to any person if any statement
13at the hearing is determined to be erroneous as long as the
14statement was made in good faith. The superintendent shall
15present evidence and argument on all issues involved and
16the teacher may cross-examine, respond and present evidence
17and argument in the teacher’s behalf relevant to all issues
18involved. Evidence may be by stipulation of the parties and
19informal settlement may be made by stipulation, consent, or
20default or by any other method agreed upon by the parties in
21writing. The board shall employ a certified shorthand reporter
22to keep a record of the private hearing. The proceedings
23or any part thereof shall be transcribed at the request of
24either party with the expense of transcription charged to the
25requesting party.
   262.  The presiding officer of the board may administer oaths
27in the same manner and with like effect and under the same
28penalties as in the case of magistrates exercising criminal
29or civil jurisdiction. The board shall cause subpoenas to be
30issued for such witnesses and the production of such books
31and papers as either the board or the teacher may designate.
32The subpoenas shall be signed by the presiding officer of the
33board.
   343.  In case a witness is duly subpoenaed and refuses to
35attend, or in case a witness appears and refuses to testify
-17-1or to produce required books or papers, the board shall,
2in writing, report such refusal to the district court of
3the county in which the administrative office of the school
4district is located, and the court shall proceed with the
5person or witness as though the refusal had occurred in a
6proceeding legally pending before the court.
   74.  The board shall not be bound by common law or statutory
8rules of evidence or by technical or formal rules of procedure,
9but it shall hold the hearing in such manner as is best suited
10to ascertain and conserve the substantial rights of the
11parties. Process and procedure under sections 279.13 through
12279.19 shall be as summary as reasonably may be.
   135.  At the conclusion of the private hearing, the
14superintendent and the teacher may file written briefs and
15arguments with the board within three days or such other time
16as may be agreed upon.
   176.  If the teacher fails to timely request a private hearing
18or does not appear at the private hearing, the board may
19proceed and make a determination upon the superintendent’s
20recommendation. If the teacher fails to timely file a request
21for a private hearing, the determination shall be not later
22than May 31. If the teacher fails to appear at the private
23hearing, the determination shall be not later than five days
24after the scheduled date for the private hearing. The board
25shall convene in open session and by roll call vote determine
26the termination or continuance of the teacher’s contract
27and, if the board votes to continue the teacher’s contract,
28whether to suspend the teacher with or without pay for a period
29specified by the board.
   307.  Within five days after the private hearing, the board
31shall, in executive session, meet to make a final decision
32upon the recommendation and the evidence as herein provided.
33The board shall also consider any written brief and arguments
34submitted by the superintendent and the teacher.
   358.  The record for a private hearing shall include:
-18-
   1a.  All pleadings, motions and intermediate rulings.
   2b.  All evidence received or considered and all other
3submissions.
   4c.  A statement of all matters officially noticed.
   5d.  All questions and offers of proof, objections and rulings
6thereon.
   7e.  All findings and exceptions.
   8f.  Any decision, opinion, or conclusion by the board.
   9g.  Findings of fact shall be based solely on the evidence in
10the record and on matters officially noticed in the record.
   119.  The decision of the board shall be in writing and shall
12include findings of fact and conclusions of law, separately
13stated. Findings of fact, if set forth in statutory language,
14shall be accompanied by a concise and explicit statement of
15the underlying facts supporting the findings. Each conclusion
16of law shall be supported by cited authority or by reasoned
17opinion.
   1810.  When the board has reached a decision, opinion, or
19conclusion, it shall convene in open meeting and by roll
20call vote determine the continuance or discontinuance of the
21teacher’s contract and, if the board votes to continue the
22teacher’s contract, whether to suspend the teacher with or
23without pay for a period specified by the board. The record
24of the private conference and findings of fact and exceptions
25shall be exempt from the provisions of chapter 22. The
26secretary of the board shall immediately mail notice of the
27board’s action to the teacher.
28   Sec. 34.  NEW SECTION.  279.17  Appeal by teacher to
29adjudicator.
   301.  If the teacher is no longer a probationary teacher, the
31teacher may, within ten days, appeal the determination of the
32board to an adjudicator by filing a notice of appeal with the
33secretary of the board. The notice of appeal shall contain a
34concise statement of the action which is the subject of the
35appeal, the particular board action appealed from, the grounds
-19-1on which relief is sought and the relief sought.
   22.  Within five days following receipt by the secretary
3of the notice of appeal, the board or the board’s legal
4representative, if any, and the teacher or the teacher’s
5representative, if any, may select an adjudicator who resides
6within the boundaries of the merged area in which the school
7district is located. If an adjudicator cannot be mutually
8agreed upon within the five-day period, the secretary shall
9notify the chairperson of the public employment relations board
10by transmitting the notice of appeal, and the chairperson of
11the public employment relations board shall within five days
12provide a list of five adjudicators to the parties. Within
13three days from receipt of the list of adjudicators, the
14parties shall select an adjudicator by alternately removing a
15name from the list until only one name remains. The person
16whose name remains shall be the adjudicator. The parties shall
17determine by lot which party shall remove the first name from
18the list submitted by the chairperson of the public employment
19relations board. The secretary of the board shall inform the
20chairperson of the public employment relations board of the
21name of the adjudicator selected.
   223.  If the teacher does not timely request an appeal to an
23adjudicator, the decision, opinion, or conclusion of the board
24shall become final and binding.
   254.  a.  Within thirty days after filing the notice of appeal,
26or within further time allowed by the adjudicator, the board
27shall transmit to the adjudicator the original or a certified
28copy of the entire record of the private hearing which may be
29the subject of the petition. By stipulation of the parties
30to review the proceedings, the record of the case may be
31shortened. The adjudicator may require or permit subsequent
32corrections or additions to the shortened record.
   33b.  The record certified and filed by the board shall be the
34record upon which the appeal shall be heard and no additional
35evidence shall be heard by the adjudicator. In such appeal to
-20-1the adjudicator, especially when considering the credibility
2of witnesses, the adjudicator shall give weight to the fact
3findings of the board but shall not be bound by them.
   45.  Before the date set for hearing a petition for review
5of board action, which shall be within ten days after
6receipt of the record unless otherwise agreed or unless the
7adjudicator orders additional evidence be taken before the
8board, application may be made to the adjudicator for leave to
9present evidence in addition to that found in the record of the
10case. If it is shown to the adjudicator that the additional
11evidence is material and that there were good reasons for
12failure to present it in the private hearing before the board,
13the adjudicator may order that the additional evidence be taken
14before the board upon conditions determined by the adjudicator.
15The board may modify its findings and decision in the case by
16reason of the additional evidence and shall file that evidence
17and any modifications, new findings, or decisions, with the
18adjudicator and mail copies of the new findings or decisions
19to the teacher.
   206.  The adjudicator may affirm board action or remand to the
21board for further proceedings. The adjudicator shall reverse,
22modify, or grant any appropriate relief from the board action
23if substantial rights of the teacher have been prejudiced
24because the board action is any of the following:
   25a.  In violation of a board rule or policy or contract.
   26b.  Unsupported by a preponderance of the competent evidence
27in the record made before the board when that record is viewed
28as a whole.
   29c.  Unreasonable, arbitrary or capricious or characterized
30by an abuse of discretion or a clearly unwarranted exercise of
31discretion.
   327.  The adjudicator shall, within fifteen days after the
33hearing, make a decision and shall give a copy of the decision
34to the teacher and the secretary of the board. The decision
35of the adjudicator shall become the final and binding decision
-21-1of the board unless either party within ten days notifies the
2secretary of the board that the decision is rejected. The
3board may reject the decision by majority roll call vote, in
4open meeting, entered into the minutes of the meeting. The
5board shall immediately notify the teacher of its decision
6by certified mail. The teacher may reject the adjudicator’s
7decision by notifying the board’s secretary in writing within
8ten days of the filing of such decision.
   98.  All costs of the adjudicator shall be shared equally by
10the teacher and the board.
11   Sec. 35.  Section 279.18, Code 2019, is amended by striking
12the section and inserting in lieu thereof the following:
   13279.18  Appeal by either party to court.
   141.  If either party rejects the adjudicator’s decision,
15the rejecting party shall, within thirty days of the initial
16filing of such decision, appeal to the district court of
17the county in which the administrative office of the school
18district is located. The notice of appeal shall be immediately
19mailed by certified mail to the other party. The adjudicator
20shall transmit to the reviewing court the original or a
21certified copy of the entire record which may be the subject
22of the petition. By stipulation of all parties to the review
23proceedings, the record of such a case may be shortened. A
24party unreasonably refusing to stipulate to limit the record
25may be taxed by the court for the additional cost. The court
26may require or permit subsequent corrections or additions to
27the shortened record.
   282.  In proceedings for judicial review of the adjudicator’s
29decision, the court shall not hear any further evidence
30but shall hear the case upon the certified record. In such
31judicial review, especially when considering the credibility of
32witnesses, the court shall give weight to the fact findings of
33the board but shall not be bound by them. The court may affirm
34the adjudicator’s decision or remand to the adjudicator or the
35board for further proceedings upon conditions determined by the
-22-1court. The court shall reverse, modify, or grant any other
2appropriate relief from the board decision or the adjudicator’s
3decision equitable or legal and including declaratory relief
4if substantial rights of the petitioner have been prejudiced
5because the action is any of the following:
   6a.  In violation of constitutional or statutory provisions.
   7b.  In excess of the statutory authority of the board or the
8adjudicator.
   9c.  In violation of a board rule or policy or contract.
   10d.  Made upon unlawful procedure.
   11e.  Affected by other error of law.
   12f.  Unsupported by a preponderance of the competent evidence
13in the record made before the board and the adjudicator when
14that record is viewed as a whole.
   15g.  Unreasonable, arbitrary or capricious or characterized
16by an abuse of discretion or a clearly unwarranted exercise of
17discretion.
   183.  An aggrieved or adversely affected party to the judicial
19review proceeding may obtain a review of any final judgment of
20the district court by appeal to the supreme court. The appeal
21shall be taken as in other civil cases, although the appeal may
22be taken regardless of the amount involved.
   234.  For purposes of this section, unless the context
24otherwise requires, “rejecting party” shall include but not be
25limited to an instructor employed by a community college.
26   Sec. 36.  Section 279.19, Code 2019, is amended by striking
27the section and inserting in lieu thereof the following:
   28279.19  Probationary period.
   291.  The first three consecutive years of employment of
30a teacher in the same school district are a probationary
31period. However, if the teacher has successfully completed a
32probationary period of employment for another school district
33located in Iowa, the probationary period in the current
34district of employment shall not exceed one year. A board of
35directors may waive the probationary period for any teacher who
-23-1previously has served a probationary period in another school
2district and the board may extend the probationary period for
3an additional year with the consent of the teacher.
   42.  a.  In the case of the termination of a probationary
5teacher’s contract, the provisions of sections 279.15 and
6279.16 shall apply. However, if the probationary teacher is a
7beginning teacher who fails to demonstrate competence in the
8Iowa teaching standards in accordance with chapter 284, the
9provisions of sections 279.17 and 279.18 shall also apply.
   10b.  The board’s decision shall be final and binding unless
11the termination was based upon an alleged violation of a
12constitutionally guaranteed right of the teacher or an alleged
13violation of public employee rights of the teacher under
14section 20.10.
   153.  Notwithstanding any provision to the contrary, the
16grievance procedures of section 20.18 relating to job
17performance or job retention shall not apply to a teacher
18during the first two years of the teacher’s probationary
19period. However, this subsection shall not apply to a teacher
20who has successfully completed a probationary period in a
21school district in Iowa.
22   Sec. 37.  Section 279.19A, subsections 1, 2, 7, and 8, Code
232019, are amended to read as follows:
   241.  School districts employing individuals to coach
25interscholastic athletic sports shall issue a separate
26extracurricular contract for each of these sports. An
27extracurricular contract offered under this section shall be
28separate from the contract issued under section 279.13. Wages
29for employees who coach these sports shall be paid pursuant
30to established or negotiated supplemental pay schedules.

31 An extracurricular contract shall be in writing, and shall
32state the number of contract days for that sport, the annual
33compensation to be paid, and any other matters as may be
34mutually agreed upon. The contract shall be for a single
35school year.
-24-
   12.  a.   An extracurricular contract shall be continued
2automatically in force and effect for equivalent periods,
3except as modified or terminated by mutual agreement of
4the board of directors and the employee, or terminated in
5accordance with this section. An extracurricular contract
6shall initially be offered by the employing board to an
7individual on the same date that contracts are offered to
8teachers under section 279.13. An extracurricular contract
9may be terminated at the end of a school year pursuant to
10sections 279.15 through 279.19.
If the school district offers
11an extracurricular contract for a sport for the subsequent
12school year to an employee who is currently performing
13under an extracurricular contract for that sport, and the
14employee does not wish to accept the extracurricular contract
15for the subsequent year, the employee may resign from the
16extracurricular contract within twenty-one days after it has
17been received.
   18b.  If the provisions of an extracurricular contract executed
19under this section conflict with a collective bargaining
20agreement negotiated under chapter 20 and effective when the
21extracurricular contract is executed or renewed, the provisions
22of the collective bargaining agreement shall prevail
 Section
23279.13, subsection 3, applies to this section
.
   247.  An extracurricular contract may be terminated prior to
25the expiration of that contract for any lawful reason following
26an informal, private hearing before the board of directors
27
 pursuant to section 279.27. The decision of the board to
28terminate an extracurricular contract shall be final.

   298.  a.  A termination proceeding regarding an extracurricular
30contract shall either by the board pursuant to subsection 2 or
31pursuant to section 279.27 does
not affect a contract issued
32pursuant to section 279.13.
   33b.  A termination of a contract entered into pursuant to
34section 279.13, or a resignation from that contract by the
35teacher, constitutes an automatic termination or resignation of
-25-1the extracurricular contract in effect between the same teacher
2and the employing school board.
3   Sec. 38.  Section 279.23, subsection 1, paragraph c, Code
42019, is amended to read as follows:
   5c.  The rate of compensation per week of five consecutive
6days or month of four consecutive weeks
.
7   Sec. 39.  Section 279.23, subsection 5, Code 2019, is amended
8to read as follows:
   95.  Notwithstanding the other provisions of this section,
10a temporary contract may be issued to an administrator for
11up to nine months. Notwithstanding the other provisions of
12this section, a temporary contract may also be issued to
13an administrator
to fill a vacancy created by a leave of
14absence in accordance with the provisions of section 29A.28,
15which contract shall automatically terminate upon return from
16military leave of the former incumbent of the administrator
17position. Temporary contracts and which contract shall not be
18subject to the provisions of sections 279.24 and 279.25.
19   Sec. 40.  Section 279.24, subsections 2 and 4, Code 2019, are
20amended to read as follows:
   212.  If the board of directors is considering termination of
22an administrator’s contract, prior to any formal action, the
23board may arrange to meet in closed session, in accordance with
24the provisions of section 21.5, with the administrator and the
25administrator’s representative. The board shall review the
26administrator’s evaluation, review the reasons for nonrenewal,
27and give the administrator an opportunity to respond. If,
28following the closed session, the board of directors and the
29administrator are unable to mutually agree to a modification
30or termination of the administrator’s contract, or the board
31of directors may issue and the administrator are unable to
32mutually agree to enter into
a one-year, nonrenewable contract,
33 to the administrator. If the board of directors decides to
34terminate the administrator’s contract, the board
shall follow
35the procedures in this section.
-26-
   14.  Administrators employed in a school district for
2less than three two consecutive years are probationary
3administrators. However, a school board may waive the
4probationary period for any administrator who has previously
5served a probationary period in another school district and
6the school board
may extend the probationary period for an
7additional year with the consent of the administrator. If a
8school board determines that it should terminate a probationary
9administrator’s contract, the school board shall notify the
10administrator not later than May 15 that the contract will not
11be renewed beyond the current year. The notice shall be in
12writing by letter, personally delivered, or mailed by certified
13mail. The notification shall be complete when received by the
14administrator. Within ten days after receiving the notice, the
15administrator may request a private conference with the school
16board to discuss the reasons for termination. The school
17board’s decision to terminate a probationary administrator’s
18contract shall be final unless the termination was based upon
19an alleged violation of a constitutionally guaranteed right of
20the administrator.
21   Sec. 41.  Section 279.24, subsection 5, paragraphs c, d, e,
22f, g, and h, Code 2019, are amended to read as follows:
   23c.  Within five days after receipt of the written notice
24that the school board has voted to consider termination of
25the contract, the administrator may request a private hearing
26 in writing to the secretary of the school board. The board
27shall then forward
 that the notification be forwarded to the
28board of educational examiners along with a request that the
29board of educational examiners submit a list of five qualified
30administrative law judges to the parties. Within three
31days from receipt of the list the parties shall select an
32administrative law judge by alternately removing a name from
33the list until only one name remains. The person whose name
34remains shall be the administrative law judge. The parties
35shall determine by lot which party shall remove the first
-27-1name from the list. The private hearing shall be held no
2sooner than twenty ten days and not later than forty thirty
3 days following the administrator’s request unless the parties
4otherwise agree. If the administrator does not request a
5private hearing, the school board, not later than May 31, may
6determine the continuance or discontinuance of the contract
7and, if the board determines to continue the administrator’s
8contract, whether to suspend the administrator with or without
9pay for a period specified by the board. School board action
10shall be by majority roll call vote entered on the minutes of
11the meeting. Notice of school board action shall be personally
12delivered or mailed to the administrator.
   13d.  The administrative law judge selected shall notify
14the secretary of the school board and the administrator in
15writing concerning the date, time, and location of the private
16 hearing. The school board may be represented by a legal
17representative, if any, and the administrator shall appear and
18may be represented by counsel or by representative, if any.
19Any witnesses for the parties at the private hearing shall be
20sequestered.
A transcript or recording shall be made of the
21proceedings at the private hearing. A school board member or
22administrator is not liable for any damage to an administrator
23or school board member if a statement made at the private
24 hearing is determined to be erroneous as long as the statement
25was made in good faith.
   26e.  The administrative law judge shall, within ten days
27following the date of the private hearing, make a proposed
28decision as to whether or not the administrator should be
29dismissed, and shall give a copy of the proposed decision to
30the administrator and the school board. Findings of fact shall
31be prepared by the administrative law judge. The proposed
32decision of the administrative law judge shall become the final
33decision of the school board unless within thirty ten days
34after the filing of the decision the administrator files a
35written notice of appeal with the school board, or the school
-28-1board on its own motion determines to review the decision.
   2f.  If the administrator appeals to the school board, or if
3the school board determines on its own motion to review the
4proposed decision of the administrative law judge, a private
5hearing shall be held before the school board within ten five
6 days after the petition for review, or motion for review, has
7been made or at such other time as the parties agree. The
8private hearing is not subject to chapter 21. The school board
9may hear the case de novo upon the record as submitted before
10the administrative law judge. In cases where there is an
11appeal from a proposed decision or where a proposed decision
12is reviewed on motion of the school board, an opportunity
13shall be afforded to each party to file exceptions, present
14briefs, and present oral arguments to the school board which
15is to render the final decision. The secretary of the school
16board shall give the administrator written notice of the time,
17place, and date of the private hearing. The school board shall
18meet within five days after the private hearing to determine
19the question of continuance or discontinuance of the contract
20and, if the board determines to continue the administrator’s
21contract, whether to suspend the administrator with or
22without pay for a period specified by the board or issue the
23administrator a one-year, nonrenewable contract
. The school
24board shall make findings of fact which shall be based solely
25on the evidence in the record and on matters officially noticed
26in the record.
   27g.  The decision of the school board shall be in writing
 28and shall include findings of fact and conclusions of law,
29separately stated
Findings of fact, if set forth in statutory
30language, shall be accompanied by a concise and explicit
31statement of the underlying facts supporting the findings.
32Each conclusion of law shall be supported by cited authority
33or by reasoned opinion.

   34h.  When the school board has reached a decision, opinion,
35or conclusion, it shall convene in open meeting and by roll
-29-1call vote determine the continuance or discontinuance of
2the administrator’s contract and, if the board votes to
3continue the administrator’s contract, whether to suspend the
4administrator with or without pay for a period specified by
5the board or issue the administrator a one-year, nonrenewable
6contract
. The record of the private hearing conference and
7written decision of the board findings of fact and exceptions
8 shall be exempt from the provisions of chapter 22. The
9secretary of the school board shall immediately personally
10deliver or mail notice of the school board’s action to the
11administrator.
12   Sec. 42.  Section 279.27, Code 2019, is amended to read as
13follows:
   14279.27  Discharge of teacher.
   151.  A teacher may be discharged at any time during the
16contract year for just cause. The superintendent or the
17superintendent’s designee, shall notify the teacher immediately
18that the superintendent will recommend in writing to the board
19at a regular or special meeting of the board held not more
20than fifteen days after notification has been given to the
21teacher that the teacher’s continuing contract be terminated
22effective immediately following a decision of the board.
23The procedure for dismissal shall be as provided in section
24279.15, subsection 2, and sections 279.16 through 279.19. The
25superintendent may suspend a teacher under this section pending
26hearing and determination by the board.
   272.  For purposes of this section, “just cause” includes
28but is not limited to a violation of the code of professional
29conduct and ethics of the board of educational examiners if
30the board has taken disciplinary action against a teacher,
31during the six months following issuance by the board of a
32final written decision and finding of fact after a disciplinary
33proceeding.
34   Sec. 43.  Section 284.3, subsection 2, Code 2019, is amended
35to read as follows:
-30-   12.  A school board shall provide for the following:
   2a.  For purposes of comprehensive evaluations, standards
3and criteria which measure a beginning teacher’s performance
4against the Iowa teaching standards specified in subsection 1,
5and the criteria for the Iowa teaching standards developed by
6the department in accordance with section 256.9, to determine
7whether the teacher’s practice meets the requirements specified
8for a career teacher. These standards and criteria shall be
9set forth in an instrument provided by the department. The
10comprehensive evaluation and instrument are not subject to
11negotiations or grievance procedures pursuant to chapter 20 or
12determinations made by the board of directors under section
13279.14. A local school board and its certified bargaining
14representative may negotiate, pursuant to chapter 20,
15evaluation and grievance procedures for beginning teachers that
16are not in conflict with this chapter. If, in accordance with
17section 279.19, a beginning teacher appeals the determination
18of a school board to an adjudicator under section 279.17, the
19adjudicator selected shall have successfully completed training
20related to the Iowa teacher standards, the criteria adopted
21by the state board in accordance with subsection 3, and any
22additional training required under rules adopted by the public
23employment relations board in cooperation with the state board.

   24b.  For purposes of performance reviews for teachers other
25than beginning teachers, evaluations that contain, at a
26minimum, the Iowa teaching standards specified in subsection
271, as well as the criteria for the Iowa teaching standards
28developed by the department in accordance with section
29256.9, subsection 42. A local school board and its certified
30bargaining representative may negotiate, pursuant to chapter
3120, additional teaching standards and criteria. A local
32school board and its certified bargaining representative shall
33negotiate, pursuant to chapter 20, evaluation and grievance
34procedures for teachers other than beginning teachers that are
35not in conflict with this chapter.

-31-
1   Sec. 44.  Section 284.4, subsection 1, paragraph b,
2subparagraphs (2) and (5), Code 2019, are amended to read as
3follows:
   4(2)  Monitor the evaluation requirements of this chapter
5to ensure evaluations are conducted in a fair and consistent
6manner throughout the school district or agency. The committee
7shall
 In addition to any negotiated evaluation procedures,
8 develop model evidence for the Iowa teaching standards and
9criteria. The model evidence will minimize paperwork and focus
10on teacher improvement. The model evidence will determine
11which standards and criteria can be met with observation and
12which evidence meets multiple standards and criteria.
   13(5)  Determine Ensure the agreement negotiated pursuant to
14chapter 20 determines
the compensation for teachers on the
15committee for work responsibilities required beyond the normal
16work day.
17   Sec. 45.  Section 284.8, subsections 2 and 3, Code 2019, are
18amended to read as follows:
   192.  If a supervisor or an evaluator determines, at any time,
20as a result of a teacher’s performance that the teacher is not
21meeting district expectations under the Iowa teaching standards
22specified in section 284.3, subsection 1, paragraphs “a”
23through “h”, and the criteria for the Iowa teaching standards
24developed by the department in accordance with section 256.9,
25subsection 42, and any other standards or criteria established
26in the collective bargaining agreement,
the evaluator shall,
27at the direction of the teacher’s supervisor, recommend to
28the district that the teacher participate in an intensive
29assistance program. The intensive assistance program and its
30implementation are not subject to negotiation and grievance
31procedures established pursuant to chapter 20. All school
32districts shall be prepared to offer an intensive assistance
33program.
   343.  A teacher who is not meeting the applicable standards and
35criteria based on a determination made pursuant to subsection 2
-32-1shall participate in an intensive assistance program. However,
2a teacher who has previously participated in an intensive
3assistance program relating to particular Iowa teaching
4standards or criteria shall not be entitled to participate
5in another intensive assistance program relating to the same
6standards or criteria and shall be subject to the provisions of
7subsection 4.

8   Sec. 46.  Section 284.8, Code 2019, is amended by adding the
9following new subsection:
10   NEW SUBSECTION.  2A.  If a teacher is denied advancement
11to the career II or advanced teacher level based upon a
12performance review, the teacher may appeal the decision to an
13adjudicator under the process established under section 279.17.
14However, the decision of the adjudicator is final.
15   Sec. 47.  Section 284.8, subsection 4, Code 2019, is amended
16by striking the subsection.
17   Sec. 48.  EFFECTIVE DATE.  This division of this Act, being
18deemed of immediate importance, takes effect upon enactment.
19   Sec. 49.  APPLICABILITY.  This division of this Act applies
20to employment contracts of school employees entered into
21pursuant to chapter 279 on and after the effective date of
22this division of this Act. This division of this Act does
23not apply to collective bargaining agreements which have been
24ratified in a ratification election referred to in section
2520.17, subsection 4, for which an arbitrator has made a final
26determination as described in section 20.22, subsection 11,
27or which have become effective, where such events occurred
28before the effective date of this division of this Act. This
29division of this Act applies to all collective bargaining
30procedures provided for in chapter 20 occurring on and after
31the effective date of this division of this Act and collective
32bargaining agreements pursuant to chapter 20 for which a
33ratification election referred to in section 20.17, subsection
344, is held, for which an arbitrator makes a final determination
35as described in section 20.22, subsection 11, or which become
-33-1effective on or after the effective date of this division of
2this Act.
3DIVISION III
4PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
5   Sec. 50.  Section 22.7, subsection 11, paragraph a,
6subparagraph (5), Code 2019, is amended to read as follows:
   7(5)  The fact that the individual resigned in lieu of
8termination,
was discharged, or was demoted as the result of
9final disciplinary action, and the documented reasons and
10rationale for the resignation in lieu of termination, the
11discharge, or the demotion. For purposes of this subparagraph,
12“demoted” and “demotion” mean a change of an employee from
13a position in a given classification to a position in a
14classification having a lower pay grade
 upon the exhaustion of
15all applicable contractual, legal, and statutory remedies
.
16   Sec. 51.  REPEAL.  Sections 22.13A and 22.15, Code 2019, are
17repealed.
18   Sec. 52.  EFFECTIVE DATE.  This division of this Act, being
19deemed of immediate importance, takes effect upon enactment.
20   Sec. 53.  APPLICABILITY.  This division of this Act applies
21to requests for records pursuant to chapter 22 submitted on or
22after the effective date of this division of this Act.
23DIVISION IV
24CITY CIVIL SERVICE REQUIREMENTS
25   Sec. 54.  Section 400.12, subsection 4, Code 2019, is amended
26by striking the subsection.
27   Sec. 55.  Section 400.17, subsection 4, Code 2019, is amended
28to read as follows:
   294.  A person shall not be appointed, denied appointment,
30promoted, removed, discharged, suspended, or demoted to or
31from a civil service position or in any other way favored or
32discriminated against in that position because of political
33or religious opinions or affiliations, race, national origin,
34sex, or age, or in retaliation for the exercise of any right
35enumerated in this chapter. However, the maximum age for a
-34-1police officer or fire fighter covered by this chapter and
2employed for police duty or the duty of fighting fires is
3sixty-five years of age.
4   Sec. 56.  Section 400.18, Code 2019, is amended by striking
5the section and inserting in lieu thereof the following:
   6400.18  Removal, demotion, or suspension.
   71.  A person holding civil service rights as provided in
8this chapter shall not be removed, demoted, or suspended
9arbitrarily, except as otherwise provided in this chapter, but
10may be removed, demoted, or suspended after a hearing by a
11majority vote of the civil service commission, for neglect of
12duty, disobedience, misconduct, or failure to properly perform
13the person’s duties.
   142.  The party alleging neglect of duty, disobedience,
15misconduct, or failure to properly perform a duty shall have
16the burden of proof.
   173.  A person subject to a hearing has the right to be
18represented by counsel at the person’s expense or by the
19person’s authorized collective bargaining representative.
20   Sec. 57.  Section 400.19, Code 2019, is amended to read as
21follows:
   22400.19  Removal, or discharge, demotion, or suspension of
23subordinates.
   24The person having the appointing power as provided in
25this chapter, or the chief of police or chief of the fire
26department, may, upon presentation of grounds for such action
27to the subordinate in writing,
peremptorily remove, discharge,
28demote, or
suspend, demote, or discharge a subordinate then
29under the person’s or chief’s direction due to any act or
30failure to act by the employee that is in contravention of law,
31city policies, or standard operating procedures, or that in
32the judgment of the person or chief is sufficient to show that
33the employee is unsuitable or unfit for employment
 for neglect
34of duty, disobedience of orders, misconduct, or failure to
35properly perform the subordinate’s duties
.
-35-
1   Sec. 58.  Section 400.20, Code 2019, is amended to read as
2follows:
   3400.20  Appeal.
   4The removal, discharge suspension, demotion, or suspension
5
 discharge of a person holding civil service rights may be
6appealed to the civil service commission within fourteen
7calendar days after the removal, discharge suspension,
8demotion, or suspension discharge.
9   Sec. 59.  Section 400.21, Code 2019, is amended to read as
10follows:
   11400.21  Notice of appeal.
   12If the appeal be taken by the person removed, discharged
13
 suspended, demoted, or suspended discharged, notice of the
14appeal, signed by the appellant and specifying the ruling
15appealed from, shall be filed with the clerk of the commission.
16If the appeal is taken by the person making such removal,
17discharge
 suspension, demotion, or suspension discharge, such
18notice shall also be served upon the person removed, discharged
19
 suspended, demoted, or suspended discharged.
20   Sec. 60.  Section 400.22, Code 2019, is amended to read as
21follows:
   22400.22  Charges.
   23Within fourteen calendar days from the service of the notice
24of appeal, the person or body making the ruling appealed
25from shall file with the body to which the appeal is taken a
26written specification of the charges and grounds upon which the
27ruling was based. If the charges are not filed, the person
28removed, suspended or discharged, demoted, or suspended may
29present the matter to the body to whom the appeal is to be
30taken by affidavit, setting forth the facts, and the body to
31whom the appeal is to be taken shall immediately enter an
32order reinstating the person removed, suspended or discharged,
33demoted, or suspended
for want of prosecution.
34   Sec. 61.  Section 400.27, subsection 3, Code 2019, is amended
35to read as follows:
-36-   13.  The city or any civil service employee shall have a
2right to appeal to the district court from the final ruling or
3decision of the civil service commission. The appeal shall be
4taken within thirty days from the filing of the formal decision
5of the commission. The district court of the county in which
6the city is located shall have full jurisdiction of the appeal.
7The scope of review for the appeal shall be limited to de novo
8appellate review without a trial or additional evidence
 The
9appeal shall be a trial de novo as an equitable action in the
10district court
.
11   Sec. 62.  Section 400.28, Code 2019, is amended by striking
12the section and inserting in lieu thereof the following:
   13400.28  Employees — number diminished.
   141.  When the public interest requires a diminution of
15employees in a classification or grade under civil service,
16the city council, acting in good faith, may do either of the
17following:
   18a.  Abolish the office and remove the employee from the
19employee’s classification or grade thereunder.
   20b.  Reduce the number of employees in any classification or
21grade by suspending the necessary number.
   222.  In case it thus becomes necessary to so remove or suspend
23any such employees, the persons so removed or suspended shall
24be those having seniority of the shortest duration in the
25classifications or grades affected, and such seniority shall be
26computed as provided in section 400.12 for all persons holding
27seniority in the classification or grade affected, regardless
28of their seniority in any other classification or grade, but
29any such employee so removed from any classification or grade
30shall revert to the employee’s seniority in the next lower
31grade or classification; if such seniority is equal, then the
32one less efficient and competent as determined by the person or
33body having the appointing power shall be the one affected.
   343.  In case of removal or suspension, the civil service
35commission shall issue to each person affected one certificate
-37-1showing the person’s comparative seniority or length of service
2in each of the classifications or grades from which the person
3is so removed and the fact that the person has been honorably
4removed. The certificate shall also list each classification
5or grade in which the person was previously employed. The
6person’s name shall be carried for a period of not less than
7three years after the suspension or removal on a preferred list
8and appointments or promotions made during that period to the
9person’s former duties in the classification or grade shall
10be made in the order of greater seniority from the preferred
11lists.
12   Sec. 63.  SENIORITY RIGHTS REESTABLISHED.  The seniority
13rights of any civil service employee extinguished pursuant
14to section 400.12, subsection 4, Code 2019, are hereby
15reestablished, including accrual of seniority during the period
16of extinguishment.
17   Sec. 64.  EFFECTIVE DATE.  This division of this Act, being
18deemed of immediate importance, takes effect upon enactment.
19   Sec. 65.  APPLICABILITY.  This division of this Act applies
20to employment actions taken on or after the effective date of
21this division of this Act.
22DIVISION V
23HEALTH INSURANCE MATTERS
24   Sec. 66.  REPEAL.  Section 70A.41, Code 2019, is repealed.
25   Sec. 67.  EFFECTIVE DATE.  This division of this Act, being
26deemed of immediate importance, takes effect upon enactment.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill relates to employment matters involving public
31employees including collective bargaining, educator employment
32matters, personnel records and settlement agreements, city
33civil service requirements, and health insurance matters. The
34bill generally strikes statutory changes made by 2017 Iowa
35Acts, House File 291, and restores statutory language in effect
-38-1prior to the enactment of 2017 Iowa Acts, House File 291.
   2DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
3 This division makes a variety of changes to Code chapter
420, the public employment relations Act, as well as other
5Code provisions relating to collective bargaining by public
6employees.
   7ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
8CATEGORIES. The division eliminates public safety employees
9and transit employees as separate categories of employees for
10the purposes of public employee collective bargaining, making
11affected provisions of Code chapter 20 applicable to all public
12employees governed by Code chapter 20.
   13SCOPE OF NEGOTIATIONS. The division makes changes to
14subjects which are negotiated through collective bargaining
15between public employers and public employees under Code
16section 20.9.
   17The division provides that the scope of negotiations for all
18public employees shall include but not be limited to wages,
19hours, vacations, insurance, holidays, leaves of absence,
20shift differentials, overtime compensation, supplemental pay,
21seniority, transfer procedures, job classifications, health and
22safety matters, evaluation procedures, procedures for staff
23reduction, in-service training, preparation time, class size,
24discipline and discharge, work uniforms and equipment and
25other required work clothing and equipment, staffing levels,
26retirement systems not otherwise excluded, dues checkoff,
27grievance procedures for resolving any questions arising under
28the agreement, and other terms and conditions of employment not
29otherwise excluded.
   30The division provides that all retirement systems
31established by statute except for pension and annuity
32retirement systems established under Code chapter 412 and
33except for supplemental and additional retirement benefits
34shall be excluded under the scope of negotiations. The
35division provides that discharge for teachers who are employed
-39-1pursuant to Code chapter 279 shall be excluded under the scope
2of negotiations.
   3The division strikes language providing that mandatory
4subjects of negotiation under Code section 20.9 shall be
5interpreted narrowly and restrictively. The division strikes
6language limiting the term of a collective bargaining agreement
7entered into pursuant to Code chapter 20 to a maximum of five
8years.
   9ARBITRATION PROCEDURES. The division makes changes to the
10procedures for arbitration of impasses in collective bargaining
11between public employers and public employees under Code
12section 20.22.
   13The division modifies the factors that an arbitrator is
14required to consider in addition to any other relevant factors
15in making a final determination on an impasse item. The
16division requires an arbitrator to consider past collective
17bargaining contracts between the parties including the
18bargaining that led up to such contracts; comparison of wages,
19hours, and conditions of employment of the involved public
20employees with those of other public employees doing comparable
21work, giving consideration to factors peculiar to the area and
22the classifications involved; the interests and welfare of the
23public, the ability of the public employer to finance economic
24adjustments, and the effect of such adjustments on the normal
25standard of services; and the power of the public employer
26to levy taxes and appropriate funds for the conduct of its
27operations.
   28The division strikes language permitting the parties to
29agree to change the four-day deadline to serve final offers on
30impasse items after a request for arbitration is received.
   31The division strikes language prohibiting the parties to an
32arbitration from introducing, and the arbitrator from accepting
33or considering, any direct or indirect evidence regarding any
34subject excluded from negotiations pursuant to Code section
3520.9.
-40-
   1The division strikes language providing for a maximum
2increase in base wages in an arbitrator’s award.
   3PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
4public employee elections conducted pursuant to Code section
520.15.
   6The division strikes language providing for retention and
7recertification elections and requires the public employment
8relations board (PERB) to cancel any such elections scheduled
9or in process. The division requires the PERB to consider a
10petition for certification of an employee organization as the
11exclusive representative of a bargaining unit for which an
12employee organization was not retained and recertified as the
13exclusive representative of that bargaining unit regardless of
14the amount of time that has elapsed since the retention and
15recertification election, notwithstanding prior requirements
16prohibiting such consideration for two years.
   17The division provides that the outcome of a certification
18or decertification election is determined by a majority vote
19of the members of the bargaining unit voting, rather than the
20total membership of the bargaining unit. The division provides
21for a runoff election if none of the choices on the ballot in a
22certification election receives a majority vote of the members
23of the bargaining unit voting.
   24The division lowers the required percentage of support
25from employees in a bargaining unit required for an employee
26organization that did not submit a petition for certification
27as the exclusive bargaining representative of a bargaining unit
28to be listed on the ballot for a certification election from 30
29percent to 10 percent.
   30The division strikes language prohibiting the PERB from
31considering a petition for certification as the exclusive
32bargaining representative of a bargaining unit unless a
33period of two years has elapsed from the date of the last
34certification election in which an employee organization
35was not certified as the exclusive representative of that
-41-1bargaining unit or of the last decertification election in
2which an employee organization was decertified as the exclusive
3representative of that bargaining unit. The division prohibits
4the PERB from considering a petition for certification as the
5exclusive bargaining representative of a bargaining unit for
6one year after the employee organization is not certified in a
7certification election. The division makes additional changes
8relating to the scheduling of decertification elections.
   9EMPLOYEE ORGANIZATION DUES. The division strikes a
10prohibition on public entities authorizing or administering
11a deduction from the salaries or wages of its employees for
12membership dues to an employee organization. The division
13provides procedures for administering such dues deductions.
   14PERB DUTIES. The division provides that the PERB may
15interpret and apply, as well as administer, Code chapter 20.
   16The division strikes language permitting the PERB to
17appoint a certified shorthand reporter to report state employee
18grievance and discipline resolution proceedings, to contract
19with a vendor to conduct elections, to establish fees to cover
20the cost of elections, and to retain certain funds collected by
21the PERB as repayment receipts.
   22STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
23GUBERNATORIAL ELECTION YEAR. The division strikes language
24providing for modified collective bargaining procedures for a
25proposed, statewide collective bargaining agreement to become
26effective in the year following a general election in which the
27governor and certain other elected officials are elected.
   28CONFIDENTIAL RECORDS. The division strikes language
29providing that certain information relating to elections
30conducted by the PERB is a confidential record under Code
31chapter 22, the state open records law.
   32MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
33COLLECTIVE BARGAINING. The division strikes a definition of
34“supplemental pay”.
   35The division strikes language providing that a public
-42-1employer has the right to evaluate public employees in
2positions within the public agency. The division strikes
3language providing that a public employee has the right under
4Code section 20.8 to exercise any right or seek any remedy
5provided by law, including but not limited to Code sections
670A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
7chapters 216 and 400.
   8The division transfers language in Code section 20.10
9prohibiting a public employee or any employee organization
10from negotiating or attempting to negotiate directly with a
11member of the governing board of a public employer if the
12public employer has appointed or authorized a bargaining
13representative for the purpose of bargaining with the public
14employees or their representative to Code section 20.17.
   15The division decreases the amount of time before an employee
16organization decertified as the exclusive representative of a
17bargaining unit for violating an injunction against an unlawful
18strike can be certified again from 24 months to 12 months.
   19The division strikes language prohibiting voluntary
20contributions by individuals to political parties or candidates
21through payroll deductions.
   22The division strikes a requirement that a copy of a final
23collective bargaining agreement be filed with the PERB by
24the public employer within 10 days of the agreement being
25entered into. The division strikes a requirement that the
26PERB maintain an internet site that allows searchable access
27to a database of collective bargaining agreements and other
28collective bargaining information.
   29The division changes the period before retirement for a
30prohibited voluntary reduction to a nonsupervisory rank or
31grade by a supervisor and related ineligibility for benefits
32from 36 months to six months.
   33The division strikes language providing that a mediator
34shall not be required to testify in any arbitration proceeding
35regarding any matters occurring in the course of a mediation.
-43-
   1The division requires a council, board of waterworks, or
2other board or commission which establishes a pension and
3annuity retirement system pursuant to Code chapter 412 to
4negotiate in good faith with a certified employee organization
5which is the collective bargaining representative of the
6employees, with respect to the amount or rate of the assessment
7on the wages and salaries of employees and the method or
8methods for payment of the assessment by the employees.
   9The division makes additional conforming changes.
   10TRANSITION PROVISIONS — DEADLINE. The division requires
11parties, mediators, and arbitrators engaging in any collective
12bargaining procedures provided for in Code chapter 20, Code
132019, who have not, before the effective date of the division,
14completed such procedures, to immediately terminate any such
15procedures in process as of the effective date of the division.
16The division provides that a collective bargaining agreement
17negotiated pursuant to such procedures in process shall not
18become effective. The division prohibits parties, mediators,
19and arbitrators from engaging in further collective bargaining
20procedures except as provided in the division. The division
21requires such parties to commence collective bargaining in
22accordance with Code section 20.17, as amended by the division.
23The division requires such parties to complete such bargaining
24not later than June 30, 2019, unless the parties mutually agree
25to a different deadline.
   26The division requires the PERB to adopt emergency rules to
27implement these requirements. The division also requires the
28department of administrative services to adopt emergency rules
29to implement the provisions of the division relating to dues
30deductions.
   31EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
32takes effect upon enactment.
   33With the exception of the section of the division amending
34Code section 20.6, subsection 1, the division does not apply
35to collective bargaining agreements which have been ratified
-44-1in a ratification election, for which an arbitrator has made
2a final determination, or which have become effective, where
3such events occurred before the effective date of the division.
4The division applies to all collective bargaining procedures
5provided for in Code chapter 20 occurring on and after the
6effective date of the division and collective bargaining
7agreements for which a ratification election is held, for which
8an arbitrator makes a final determination, or which become
9effective on or after the effective date of the division.
   10DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
11makes a variety of changes relating to educator employment
12matters.
   13TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
14makes various changes relating to the termination of teacher
15employment contracts.
   16The division shortens various procedural deadlines
17regarding private hearings held after a superintendent
18recommends termination of a teacher’s employment contract.
19The division makes participation in such a private hearing
20by the superintendent, the superintendent’s designated
21representatives, the teacher’s immediate supervisor, the
22teacher, and the teacher’s representatives mandatory on the
23part of those individuals instead of discretionary. The
24division requires that the school board employ a certified
25shorthand reporter to keep a record of a private hearing.
26The division requires the school board to issue subpoenas
27for witnesses and evidence on behalf of the board and the
28teacher. The division provides for a judicial remedy if a
29witness appears and refuses to testify or to produce required
30books or papers at a private hearing. The division authorizes
31the superintendent and the teacher to file written briefs and
32arguments with the board at the conclusion of the private
33hearing. The division provides deadlines for determining
34the status of the teacher’s contract if the teacher does not
35request a private hearing. The division requires that the
-45-1decision of the board include findings of fact and conclusions
2of law. The division strikes language authorizing a school
3board which votes to continue a teacher’s contract to issue
4the teacher a one-year, nonrenewable contract. The division
5permits a teacher to appeal the board’s determination to an
6adjudicator and provides procedures for such appeals.
   7TEACHER PROBATIONARY PERIODS. The division makes various
8changes relating to probationary employment of teachers.
   9The division decreases from two years to one year the
10length of a teacher’s probationary employment period in a
11school district if the teacher has successfully completed a
12probationary period of employment for another school district
13located in Iowa.
   14The division provides that requirements for notices of
15termination, private hearings, and appeals applicable to
16nonprobationary teachers whose employment contracts are
17terminated are applicable to probationary teachers whose
18employment contracts are terminated. The division strikes
19alternative procedures for the termination of employment
20contracts of such probationary teachers, including notification
21procedures and the opportunity to request a private conference
22with the school board.
   23EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
24 The division makes various changes relating to extracurricular
25interscholastic athletic coach employment contracts.
   26The division provides that wages for such coaches shall be
27paid pursuant to established or negotiated supplemental pay
28schedules. The division provides that employment contracts
29of such coaches shall be continued automatically in force and
30effect for equivalent periods and that the termination of such
31contracts follows procedures similar to those used for teacher
32contracts. The division strikes language providing that
33employment contracts of such coaches may be terminated prior to
34their expiration for any lawful reason following an informal,
35private hearing before the school board. The division strikes
-46-1language providing that the decision of the school board to
2terminate such a contract is final.
   3SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
4various changes relating to school administrator employment
5matters.
   6The division provides that the rate of compensation in an
7administrator’s employment contract must be on a weekly or
8monthly basis.
   9The division strikes language authorizing a school board to
10issue a temporary employment contract to an administrator for
11a period of up to nine months.
   12The division strikes language authorizing a school board to
13issue a one-year, nonrenewable employment contract and instead
14authorizes a school board considering the termination of an
15administrator’s contract and the administrator to mutually
16agree to enter into such a contract.
   17The division decreases the probationary employment period
18for administrators from three years to two years and authorizes
19a school board to waive the probationary period for an
20administrator who previously served a probationary period in
21another school district.
   22The division strikes language providing that a hearing
23before an administrative law judge requested by an
24administrator whose employment contract a school board is
25considering terminating shall be a private hearing. The
26division reduces certain procedural deadlines relating to such
27hearings. The division strikes language providing that any
28witnesses for the parties at the hearing shall be sequestered.
29The division requires that the decision of the board include
30findings of fact and conclusions of law. The division strikes
31language authorizing a school board which votes to continue an
32administrator’s contract to issue the administrator a one-year,
33nonrenewable contract.
   34INTENSIVE ASSISTANCE PROGRAMS. The division makes various
35changes relating to intensive assistance programs.
-47-
   1The division strikes language providing that a teacher who
2has previously participated in an intensive assistance program
3relating to particular Iowa teaching standards or criteria
4shall not be entitled to participate in another intensive
5assistance program relating to the same standards or criteria.
6The division strikes language providing that following a
7teacher’s participation in an intensive assistance program, the
8teacher shall be reevaluated to determine whether the teacher
9successfully completed the intensive assistance program and
10is meeting district expectations under the applicable Iowa
11teaching standards or criteria. The division strikes language
12providing that if the teacher did not successfully complete
13the intensive assistance program or continues not to meet the
14applicable Iowa teaching standards or criteria, the board may
15initiate procedures to terminate the teacher’s employment
16contract immediately or at the end of the school year or may
17continue the teacher’s contract for a period not to exceed one
18year on a nonrenewable basis and without the right to a private
19hearing.
   20MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
21MATTERS. The division strikes language authorizing a school
22board to issue a temporary employment contract to a teacher for
23a period of up to six months.
   24The division strikes language providing that just cause
25for which a teacher may be discharged at any time during the
26contract year under Code section 279.27 includes but is not
27limited to a violation of the code of professional conduct
28and ethics of the board of educational examiners if the board
29has taken disciplinary action against a teacher during the
30six months following issuance by the board of a final written
31decision and finding of fact after a disciplinary proceeding.
   32The division either authorizes or requires a school board
33and its certified bargaining representative to negotiate
34various matters pursuant to Code chapter 20.
   35The division makes additional conforming changes.
-48-
   1EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
2takes effect upon enactment.
   3The division applies to employment contracts of school
4employees entered into pursuant to Code chapter 279 on and
5after the effective date of the division. The division does
6not apply to collective bargaining agreements pursuant to Code
7chapter 20 which have been ratified in a ratification election,
8for which an arbitrator has made a final determination, or
9which have become effective, where such events occurred before
10the effective date of the division. The division applies to
11all collective bargaining procedures provided for in Code
12chapter 20 occurring on and after the effective date of the
13division and collective bargaining agreements pursuant to Code
14chapter 20 for which a ratification election is held, for which
15an arbitrator makes a final determination, or which become
16effective on or after the effective date of the division.
   17DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
18 This division makes changes relating to public employee
19personnel records and settlement agreements.
   20PERSONNEL RECORDS. The division strikes language providing
21that certain information relating to the discipline,
22resignation, discharge, or demotion of a public employee is a
23public record and requiring notice to affected employees.
   24PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
25language prohibiting a personnel settlement agreement between
26the state and a state executive branch employee that contains
27confidentiality or nondisclosure provisions that attempt to
28prevent the disclosure of the agreement.
   29EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
30takes effect upon enactment.
   31The division applies to requests for records submitted on or
32after the effective date of the division.
   33DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
34division makes a variety of changes relating to city civil
35service requirements under Code chapter 400.
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   1SENIORITY RIGHTS. The division strikes language permitting
2a city council to extinguish statutory seniority rights of
3all city civil service employees who are not employed or
4appointed as a fire fighter or police officer, fire chief or
5police chief, or assistant fire chief or assistant police
6chief, unless otherwise provided in a collective bargaining
7agreement. The division reestablishes any such rights so
8extinguished, including accrual of seniority during the period
9of extinguishment.
   10ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
11division provides that adverse employment action may be taken
12against a city civil service employee for neglect of duty,
13disobedience, misconduct, or failure to properly perform the
14person’s duties. The division strikes language permitting
15such action to be taken due to any act or failure to act by
16the employee that is in contravention of law, city policies,
17or standard operating procedures, or that in the judgment
18of the person having the appointing power as provided in
19this Code chapter, or the chief of police or chief of the
20fire department, is sufficient to show that the employee is
21unsuitable or unfit for employment.
   22The division strikes language providing that the scope of
23review for an appeal to district court from a civil service
24commission shall be limited to de novo appellate review without
25a trial or additional evidence, instead providing that the
26appeal shall be a trial de novo as an equitable action.
   27DIMINUTION OF EMPLOYEES. The division provides that a
28diminution of city employees by a city council can only be
29implemented when the public interest requires. The division
30permits a diminution to be carried out either by abolishing
31an office and removing the employee from the employee’s
32classification or grade thereunder, or reducing the number of
33employees in any classification or grade by suspending the
34necessary number. The division provides for such removal to be
35carried out based on seniority and requires that employees so
-50-1removed be placed on a preferred list for at least three years
2for purposes of appointments or promotions made during that
3period to the person’s former duties.
   4MISCELLANEOUS PROVISIONS. The division makes changes in
5terminology relating to adverse employment actions for city
6civil service employees.
   7The division makes additional conforming changes.
   8EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
9takes effect upon enactment.
   10The division applies to employment actions taken on or after
11the effective date of the division.
   12DIVISION V — HEALTH INSURANCE MATTERS. This division
13strikes a requirement that a public employer shall offer health
14insurance to all permanent, full-time public employees employed
15by the public employer.
   16EFFECTIVE DATE. The division takes effect upon enactment.
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