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Senate Study Bill 3104 - IntroducedA Bill ForAn Act 1relating to entities supported in whole or in part
2by public moneys, including the sale of public bonds,
3the duties and responsibilities of school boards, school
4districts, the department of education, the board of
5educational examiners, and accredited nonpublic schools, and
6the membership of county conference boards.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BOND SALES
3 Section 1. Section 75.2, Code 2022, is amended to read as
4follows:
575.2 Notice of sale.
6When public bonds are offered for sale, the official in
7charge of the bond issue shall, by advertisement published
8at least once, the last one of which shall be not less than
9four nor more than twenty days before the sale in a newspaper
10located in the county or a county contiguous to the place of
11sale, give notice of the time and place of sale of the bonds,
12the amount to be offered for sale, and any further information
13which the official deems pertinent by publishing the time and
14place of sale of the bonds, the amount to be offered for sale,
15and any additional information the official deems pertinent
16to the bond issue not less than four nor more than twenty
17days before the sale in at least one electronic or written
18publication with nationwide circulation that is recognized for
19providing information regarding the sale of public bonds.
20 Sec. 2. Section 75.14, Code 2022, is amended to read as
21follows:
2275.14 Electronic bidding.
23Notwithstanding contrary provisions of this chapter,
24including section 75.3, a public body authorized to issue
25bonds, notes, or other obligations may elect to receive bids to
26purchase such bonds, notes, or other obligations by means of
27electronic, internet, or wireless communication; a proprietary
28bidding procedure or system; or by facsimile transmission
29to a location deemed appropriate by the governing body, in
30each instance as may be approved by the governing body and
31provided for in the notice of sale. An electronic bid shall
32be submitted in substantial conformity with the requirements
33of chapter 554D and any rules adopted pursuant to that chapter
34with respect to the acceptance of electronic records by a
35governmental agency. Additionally, before approving the use
-1-1of an electronic bidding procedure, the public body shall find
2and determine that the specific procedure to be used will
3provide reasonable security and maintain the integrity of
4the competitive bidding process, and facilitate the delivery
5of bids by interested parties under the circumstances of the
6particular sale.
7DIVISION II
8SCHOOL BOARD DUTIES AND RESPONSIBILITIES
9 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2022,
10is amended to read as follows:
11a. Except as provided in paragraph “b” and subsection 2,
12vacancies occurring among the officers or members of a school
13board shall be filled by the board by appointment. A person
14so appointed to fill a vacancy in an elective office shall
15hold office until a successor is elected and qualified at the
16next regular school election, unless there is an intervening
17special election for the school district, in which event a
18successor shall be elected at the intervening special election,
19in accordance with section 69.12. To fill a vacancy occurring
20among the members of a school board, the board shall publish
21notice either on the board’s internet site or in the manner
22prescribed by section 279.36, stating that the board intends to
23fill the vacancy by appointment but that the electors of the
24school district have the right to file a petition requiring
25that the vacancy be filled by a special election conducted
26pursuant to section 279.7. The board may publish notice in
27advance if a member of the board submits a resignation to take
28effect at a future date. The board may make an appointment to
29fill the vacancy after the notice is published or after the
30vacancy occurs, whichever is later.
31 Sec. 4. Section 279.6, subsection 1, paragraph b,
32subparagraphs (1) and (2), Code 2022, are amended to read as
33follows:
34(1) If within fourteen days after publication of a providing
35 notice required pursuant to paragraph “a” for a vacancy that
-2-1occurs more than one hundred eighty days before the next
2regular school election, or after the filing period closes
3pursuant to section 277.4, subsection 1, for the next regular
4school election, there is filed with the secretary of the
5school board a petition requesting a special election to fill
6the vacancy, an appointment to fill the vacancy is temporary
7until a successor is elected and qualified, and the board shall
8call a special election pursuant to section 279.7, to fill the
9vacancy for the remaining balance of the unexpired term.
10(2) If within fourteen days after publication of a providing
11 notice required pursuant to paragraph “a” for a vacancy that
12occurs one hundred eighty days or less but more than forty days
13before the next regular school election there is filed with the
14secretary of the school board a petition requesting to fill
15the vacancy by election, an appointment to fill the vacancy is
16temporary until a successor is elected and qualified, and the
17school board shall require that the remaining balance of the
18unexpired term be filled at the next regular school election.
19 Sec. 5. Section 279.20, subsection 2, Code 2022, is amended
20to read as follows:
212. The board of directors of a school district may delegate
22the authority to hire support personnel and sign the support
23personnel employment contracts, if applicable, if the board
24adopts a policy authorizing the superintendent to perform
25such duties and specifying the positions the superintendent
26is authorized to fill. The board of directors of a school
27district and the superintendent, if authorized pursuant to
28this subsection, may use electronic signatures and electronic
29contracts pursuant to chapter 554D and facsimile signatures
30when entering into the contracts described in this subsection.
31 For purposes of this subsection, the term “support personnel”
32includes, but is not limited to, bus drivers, custodians,
33educational associates, and clerical and food service
34employees.
35 Sec. 6. Section 280.5, subsection 2, Code 2022, is amended
-3-1to read as follows:
22. The board of directors of each Each public school
3district shall administer the pledge of allegiance in grades
4one through twelve each school day. Each classroom in which
5the pledge of allegiance is recited pursuant to this subsection
6shall display the United States flag during the recitation. A
7student shall not be compelled against the student’s objections
8or those of the student’s parent or guardian to recite the
9pledge.
10 Sec. 7. Section 291.1, Code 2022, is amended to read as
11follows:
12291.1 President — duties.
13The president of the board of directors shall preside at
14all of its meetings, sign all contracts made by the board, and
15appear on behalf of the corporation in all actions brought by
16or against it, unless individually a party, in which case this
17duty shall be performed by the secretary. The president or the
18president’s designee shall have the authority to enter into
19original contracts or electronic contracts pursuant to chapter
20554D and sign, using an original, or facsimile, or electronic
21 signature, as defined in section 554D.103, all school district
22payments drawn and authorize electronic funds transfers as
23provided by law. The board of directors, by resolution, may
24designate an individual, who shall not be the secretary, to
25sign payments or authorize electronic funds transfers on behalf
26of the president pursuant to this section.
27DIVISION III
28DEPARTMENT OF EDUCATION WORK GROUP
29 Sec. 8. DEPARTMENT OF EDUCATION — HEALTH CARE-RELATED
30TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
311. The department of education shall convene and provide
32administrative support to a health care-related training
33for school personnel work group. The work group shall
34review and develop a plan to ensure Iowa educators have the
35health care training necessary to perform their duties and
-4-1responsibilities, and shall consider and submit recommendations
2for delivery and implementation of training required under
3state law or rule.
42. The work group shall include all of the following:
5a. (1) Two members who are staff members from the
6department of education, one of whom shall be an administrative
7consultant in the bureau of nutrition and health services.
8A member appointed under this subparagraph shall coordinate
9the work group and act as chairperson for the organizational
10meeting.
11(2) One member who is a staff member from the Iowa
12department of public health.
13b. Members who shall represent each of the following:
14(1) One member from a statewide organization representing
15teachers.
16(2) One member from a statewide organization representing
17school board members.
18(3) One member from a statewide organization representing
19school administrators.
20(4) One member from a statewide organization representing
21authorities in charge of accredited nonpublic schools.
22(5) One member representing the area education agencies.
23(6) One member from a statewide organization representing
24physicians.
25(7) One member from a statewide organization representing
26athletic trainers.
27(8) One member from a statewide organization representing
28emergency management services.
29(9) One member from a statewide organization representing
30health care organizations.
31(10) One member from a statewide organization representing
32school nurses.
333. Any expenses incurred by a member of the work group
34shall be the responsibility of the individual member or the
35respective entity represented by the member.
-5- 14. The director of the department of education or the
2director’s designee shall compile and provide to the work group
3a list of, and the purposes for, the health care training
4programs that school personnel are required to complete, as
5well as any requirements school personnel must meet following
6such training, in order be in compliance with state law or
7administrative rule.
85. The work group shall do all of the following:
9a. Identify which trainings can be best provided online,
10and how such training can be rotated on a five-year basis for
11school personnel.
12b. Develop a plan for a regular cycle of health care-related
13training for school personnel review, with the goal of removing
14or modifying training or training programs that are no longer
15relevant, and identifying less costly and more efficient
16options that still provide the appropriate level of training to
17school personnel.
18c. Standardize the process of establishing new training
19requirements in state law or rule to manage stakeholder
20expectations relating to the timeline for establishing the
21requirements.
22d. Create an ongoing review process to find efficiencies,
23identify training options that better utilize time and
24financial resources, and offer a continuous improvement model
25for the system moving forward.
26e. Study and make any recommended changes on rules adopted
27by the state board of education under 281 IAC ch.14, relating
28to individual health plans prepared for students with various
29health conditions.
30f. Ensure a public comment process for patient advocacy
31groups and parents to provide input on the recommendations of
32the work group.
336. If the work group recommends elimination or significant
34modification of certain health care-related training for
35school personnel, the department of education shall identify
-6-1stakeholders who would potentially be affected by such
2change, and shall invite representatives from organizations
3representing such stakeholders to submit comments before or
4at an upcoming work group meeting before the work group makes
5final recommendations.
67. The department of education shall compile the work
7group’s findings and recommendations and shall submit the
8compilation, including any proposal for legislation, in a
9report to the general assembly, the governor, and the state
10board of education by December 1, 2022.
11DIVISION IV
12STATEWIDE SCHOOL INFRASTRUCTURE FUNDING
13 Sec. 9. Section 423F.4, subsection 2, paragraph a, Code
142022, is amended to read as follows:
15a. Bonds issued on or after July 1, 2019, shall not be
16sold at public sale as provided in chapter 75, or at a private
17sale, without notice and hearing. Notice of the time and
18place of the public hearing shall be published not less than
19ten nor more than twenty days before the public hearing in a
20newspaper which is a newspaper of general circulation in the
21school district at least one electronic or written publication
22with nationwide circulation that is recognized for providing
23information regarding the sale of public bonds. This paragraph
24does not apply to the refinancing of bonds.
25DIVISION V
26COUNTY CONFERENCE BOARD
27 Sec. 10. Section 441.2, Code 2022, is amended to read as
28follows:
29441.2 Conference board.
30In each county and each city having an assessor there shall
31be established a conference board. In counties the conference
32board shall consist of the mayors or a designated member of a
33city council of all incorporated cities in the county whose
34property is assessed by the county assessor, one representative
35from the board of directors of each high school district of
-7-1the county, who is a resident of the county, said board of
2directors appointing said representative for a one-year term
3and notifying the clerk of the conference board as to their
4representative, and members of the board of supervisors. In
5cities having an assessor the conference board shall consist
6of the members of the city council, school board, and county
7board of supervisors. In the counties the chairperson of the
8board of supervisors shall act as chairperson of the conference
9board, in cities having an assessor the mayor of the city
10council shall act as chairperson of the conference board. In
11any action taken by the conference board, the mayors of all
12incorporated cities in the county whose property is assessed
13by the county assessor shall constitute one voting unit, the
14members of the city board of education or one representative
15from the board of directors of each high school district of
16the county shall constitute one voting unit, the members of
17the city council shall constitute one voting unit, and the
18county board of supervisors shall constitute one voting unit,
19each unit having a single vote and no action shall be valid
20except by the vote of not less than two out of the three units.
21The majority vote of the members present of each unit shall
22determine the vote of the unit. The assessor shall be clerk of
23the conference board.
24DIVISION VI
25SEIZURE ACTION PLAN AND TRAINING REQUIREMENTS
26 Sec. 11. NEW SECTION. 280.13D Seizure action plan and
27training requirements.
281. For purposes of this section, unless the context
29otherwise requires:
30a. “Individual health plan” means the confidential, written,
31preplanned, and ongoing special health service developed for a
32student who requires such service to be incorporated with the
33student’s educational program.
34b. “School personnel” means principals, guidance counselors,
35teachers, and other relevant employees who have direct contact
-8-1with and supervise children, including school bus drivers and
2paraeducators.
3c. “Seizure action plan” means a written set of instructions
4designed to direct caregivers and staff to intervene in the
5event of a seizure occurrence and is considered a plan for
6emergencies as a part of an individual health plan.
72. a. Commencing with the school year beginning July 1,
82023, the board of directors of each school district and the
9authorities in charge of each nonpublic school shall have
10at least one school employee at each school who has met the
11training requirements necessary to administer or assist with
12the self-administration of all of the following:
13(1) A seizure rescue medication or medication prescribed
14to treat seizure disorder symptoms as approved by the United
15States food and drug administration.
16(2) A manual dose of prescribed electrical stimulation
17using a vagus nerve stimulator magnet as approved by the United
18States food and drug administration.
19b. The presence of a registered nurse employed full-time
20by a school district or nonpublic school who assumes
21responsibility for the administration of seizure medications,
22and the administration oversight of vagus nerve stimulation,
23fulfills the requirements of paragraph “a”. This section shall
24not be construed to require school personnel, other than a
25registered nurse, to administer a suppository to a student.
263. Every school attendance center shall provide training
27to all school personnel on the recognition of the signs and
28symptoms of seizures and the appropriate steps for seizure
29first aid.
304. Any training programs or guidelines adopted by any state
31agency for the training of school personnel in the health care
32needs of students diagnosed with a seizure disorder shall
33be fully consistent with training programs and guidelines
34developed by the epilepsy foundation of America and any
35successor organization.
-9- 15. Each school district shall require school personnel or
2volunteers responsible for the supervision or care of students
3to undergo approved seizure recognition and first aid training
4on a biennial basis.
56. Nothing in this section shall be construed to limit the
6authority of a school district or the department of education
7to require additional seizure disorder training.
87. a. Prior to school personnel administering a seizure
9rescue medication or medication prescribed to treat a student’s
10seizure disorder symptoms, the student’s parent or guardian
11shall provide the school with a signed and dated written
12authorization requesting medication administration at school
13that meets the requirements of the school’s medication
14administration policy and procedures established in accordance
15with 281 IAC 14.1.
16b. The parent or guardian of each student diagnosed with
17a seizure disorder may collaborate with licensed health care
18professionals, including the school nurse or education team,
19in the development of an individual health plan, and a seizure
20action plan if appropriate, consistent with rules adopted by
21the state board of education. The individual health plan or
22seizure action plan, based on the student’s needs, may include
23but is not limited to assessment, nursing diagnosis, outcomes,
24planning, interventions, student goals if applicable, and a
25plan for emergencies to provide direction in managing the
26student’s health needs. The plan shall be updated consistent
27with timelines for individual health plans and with rules
28adopted by the state board of education. Personal information
29in the plan regarding the student shall be kept confidential
30as required under the federal Family Educational Rights and
31Privacy Act, 20 U.S.C.§1232g.
32c. Each school district and nonpublic school attendance
33center shall keep the written authorization, individual health
34plan, and seizure action plan on file in the office of the
35school nurse or school administrator.
-10- 18. Each school district and nonpublic school attendance
2center shall distribute information regarding the seizure
3action plan to any school personnel or volunteers responsible
4for the supervision or care of the student.
59. The authorization for the administration to administer
6medication provided in accordance with subsection 7, paragraph
7“a”, shall be effective for the school year in which the
8authorization is granted and must be renewed each following
9school year.
1010. The requirements of subsections 7, 8, and 9 shall apply
11only to school district and nonpublic school attendance centers
12that have a student enrolled who has a known epilepsy diagnosis
13or seizure disorder or has a seizure rescue medication or
14medication prescribed to treat seizure disorder symptoms
15approved by the United States food and drug administration
16prescribed by the student’s health care provider.
1711. Every school district attendance center may provide an
18age-appropriate seizure education program to all students on
19seizures and seizure disorders. The seizure education program
20shall be consistent with guidelines published by the epilepsy
21foundation of America and any successor organization. The
22state board of education shall adopt rules pursuant to chapter
2317A for implementation of this section.
2412. A school district or nonpublic school, school district
25or nonpublic school employee, or school district or nonpublic
26school agent acting in good faith and in compliance with the
27student’s individual health plan and the instructions of the
28student’s licensed health care professional, and who provides
29assistance or services under this section, shall not be
30liable for any claim for injuries or damages arising from the
31provision of services provided under this section to students
32with epilepsy or seizure disorders.
3313. The department of education shall develop and implement
34a seizure education program statewide.
35 Sec. 12. DEPARTMENT OF EDUCATION — SCHOOL DISTRICT
-11-1HEALTH-RELATED TRAINING REQUIREMENTS TASK FORCE.
21. The department of education, in collaboration with the
3department of public health, shall convene a school district
4health-related training requirements task force to review
5health-related training requirements established in the Code
6and the administrative code, with which school districts must
7comply. The task force shall review the current requirements
8to determine whether the current training requirements are
9appropriate, identify the classifications of school personnel
10for whom such training is warranted, develop timelines for
11frequency of such training and training updates for the
12classifications of school personnel, and propose modification
13or elimination of requirements that are outdated. The task
14force shall develop a uniform training framework that school
15districts may follow to provide health-related training in the
16most efficient and effective manner.
172. Voting members of the task force shall include persons
18deemed appropriate by the department of education, in
19collaboration with the department of public health.
203. The department of education and the department of
21public health shall work cooperatively to provide staffing and
22administrative support to the task force.
234. The task force shall submit its uniform training
24framework, findings, and recommendations to the general
25assembly by December 30, 2022.
26DIVISION VII
27NATIONAL CRIMINAL HISTORY RECORD CHECKS
28 Sec. 13. Section 272.2, subsection 17, Code 2022, is amended
29to read as follows:
3017. Adopt rules to require that a background investigation
31be conducted by the division of criminal investigation of the
32department of public safety on all initial applicants for
33licensure. The board shall also require all initial applicants
34to submit a completed fingerprint packet and shall use the
35packet to facilitate a national criminal history background
-12-1check. The board shall have access to, and shall review
2the sex offender registry information under section 692A.121
3available to the general public, information in the Iowa court
4information system available to the general public, the central
5registry for child abuse information established under chapter
6235A, and the dependent adult abuse records maintained under
7chapter 235B for information regarding applicants for license
8renewal. This subsection shall not be construed to require the
9board to receive the results of the national criminal history
10record check before granting a license to an initial applicant
11that is contingent upon the results of the national criminal
12history record check.
13 Sec. 14. Section 272.31, subsection 5, Code 2022, is amended
14to read as follows:
155. The board shall adopt rules under chapter 17A for
16authorizations, including but not limited to approval of
17courses, validity and expiration, fees, and suspension and
18revocation of authorizations. The rules shall not require the
19board to receive the results of a national criminal history
20record check before granting an authorization under this
21section that is contingent upon the results of the national
22criminal history record check.
23 Sec. 15. Section 279.13, subsection 1, paragraph b,
24subparagraph (1), Code 2022, is amended to read as follows:
25(1) Prior to entering into an initial contract with a
26teacher who holds a license other than an initial license
27issued by the board of educational examiners under chapter 272,
28the school district shall initiate a state criminal history
29record check of the applicant through the division of criminal
30investigation of the department of public safety, submit the
31applicant’s fingerprints to the division for submission to the
32federal bureau of investigation for a national criminal history
33record check, and review the sex offender registry information
34under section 692A.121 available to the general public, the
35central registry for child abuse information established
-13-1under section 235A.14, and the central registry for dependent
2adult abuse information established under section 235B.5
3for information regarding the applicant for employment as a
4teacher. This subparagraph shall not be construed to require a
5school district to receive the results of the national criminal
6history record check before entering into an initial contract
7with a teacher who holds a license other than an initial
8license issued by the board of educational examiners under
9chapter 272 that is contingent upon the results of the national
10criminal history record check.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14The bill relates to entities supported in whole or in part by
15public moneys, including the sale of public bonds, the duties
16and responsibilities of school boards, school districts, the
17department of education, the board of educational examiners,
18and accredited nonpublic schools, and the membership of county
19conference boards.
20DIVISION I — BOND SALES. Current law provides that when
21public bonds are offered for sale, the official in charge
22of the bond issue shall give notice of the time and place
23of sale, the amount to be offered for sale, and any further
24information which the official deems pertinent by publishing
25an advertisement in a newspaper. The bill modifies this
26provision to require the official in charge of the bond issue
27to give notice of the sale by publishing the time and place of
28sale, the amount to be offered for sale, and any additional
29information the official deems pertinent to the bond issue in
30at least one electronic or written publication with nationwide
31circulation that is recognized for providing information
32regarding the sale of public bonds.
33Code section 75.14 provides that, notwithstanding contrary
34provisions of Code chapter 75 (authorization and sale of public
35bonds), a public body authorized to issue bonds or other
-14-1obligations may elect to receive bids to purchase such bonds
2or other obligations by means of electronic communication, a
3proprietary bidding procedure, or by facsimile transmission to
4a location deemed appropriate by the governing body. The bill
5adds a reference to Code section 75.3 (sealed and open bids) to
6the notwithstanding provision.
7DIVISION II — SCHOOL BOARD DUTIES AND RESPONSIBILITIES.
8 Code section 279.6 provides a process to fill vacancies
9occurring among the members of a school board. This process
10requires, among other things, the publication in a newspaper
11of notice stating that the board intends to fill the vacancy
12by appointment. The bill authorizes notice to be provided by
13publication on the board’s internet site as well.
14The bill authorizes the board of directors of a school
15district and the superintendent, in certain specified
16circumstances, to use electronic signatures and electronic
17contracts pursuant to Code chapter 554D (electronic
18transactions) and facsimile signatures when entering into
19contracts to hire support personnel.
20Current law requires the board of directors of each public
21school district to administer the pledge of allegiance in
22grades 1 through 12 each school day. The bill modifies this
23provision to require each public school district to administer
24the pledge of allegiance in grades 1 through 12 each school
25day.
26The bill authorizes the president of the board of directors
27of a school district, or the president’s designee, to enter
28into original contracts or electronic contracts pursuant
29to chapter 554D and sign, using an original, facsimile, or
30electronic signature, all school district payments drawn and
31authorize electronic funds transfers as provided by law.
32DIVISION III — DEPARTMENT OF EDUCATION WORK GROUP. The bill
33requires the department of education to convene and provide
34administrative support to a health care-related training for
35school personnel group. The bill requires the group to review
-15-1and develop a plan to ensure that Iowa educators have the
2health care training necessary to perform their duties and
3to submit recommendations for delivery and implementation of
4training required under state law or rule. The bill specifies
5the members the group shall include. The bill requires the
6group to submit its findings and recommendations in a report
7to the general assembly, the governor, and the state board of
8education by December 1, 2022.
9DIVISION IV — STATEWIDE SCHOOL INFRASTRUCTURE FUNDING.
10 Current law provides that bonds issued under Code chapter
11423F (statewide school infrastructure funding) on or after
12July 1, 2019, shall not be sold at a public or private sale
13without notice and hearing. Current law also provides that
14notice of the sale shall be published in a newspaper. The bill
15modifies this provision to require that notice be published in
16at least one electronic or written publication with nationwide
17circulation that is recognized for providing information
18regarding the sale of public bonds. The bill provides that
19this provision does not apply to the refinancing of bonds.
20DIVISION V — COUNTY CONFERENCE BOARD. Current law provides
21that each county and each city having an assessor shall have a
22conference board. Current law also provides that in counties,
23the conference board shall consist of the mayors of all
24incorporated cities in the county whose property is assessed
25by the county assessor, one representative from the board of
26directors of each high school district of the county, who is
27a resident of the county, said board of directors appointing
28said representative for a one-year term and notifying the
29clerk of the conference board as to their representative, and
30members of the board of supervisors. The bill modifies this
31provision to require that the conference board consist of the
32mayors or a designated member of a city council, along with
33the representatives already provided. The bill also strikes
34the requirement that the board of directors of a high school
35district appoint a representative for a one-year term and
-16-1notify the clerk of the conference board as to the identity of
2the representative.
3DIVISION VI — SEIZURE ACTION PLAN AND TRAINING
4REQUIREMENTS. The bill requires school districts and
5accredited nonpublic schools that have a student enrolled who
6has a known epilepsy diagnosis or seizure disorder or has a
7seizure rescue medication or medication prescribed to treat
8seizure disorder symptoms to have an individual health plan,
9including a seizure action plan if appropriate, requires school
10districts and accredited nonpublic schools to provide certain
11training relating to seizures to relevant school employees,
12requires the state board of education to adopt rules for
13implementation of new Code section 280.13D, and requires the
14department of education to develop and implement a seizure
15education program statewide.
16Commencing with the school year beginning July 1, 2023,
17the bill requires school districts and accredited nonpublic
18schools to have at least one school employee at each school
19who has met the training requirements for administering
20medications and vagus nerve stimulation. The presence of a
21full-time registered nurse who assumes responsibility for
22the administration of seizure medications and vagus nerve
23stimulation meets this requirement. However, school personnel,
24other than a registered nurse, are not required to administer a
25suppository to a student.
26The bill includes definitions and requirements relating to
27the development of individual health plans and seizure action
28plans.
29Every school attendance center shall provide training to
30school personnel or volunteers responsible for the supervision
31or care of students. The training must be fully consistent
32with programs and guidelines developed by the epilepsy
33foundation of America.
34Further, each school district must require all school
35personnel to undergo approved seizure recognition and first aid
-17-1training on a biennial basis. The new Code section shall not
2be construed to limit the authority of a school district or the
3department to require additional seizure disorder training.
4Prior to administering medication prescribed to treat a
5student’s seizure disorder symptoms, the student’s parent or
6guardian must provide the school with a written authorization
7to administer the medication at school.
8The parent or guardian of a student diagnosed with a
9seizure disorder may collaborate with licensed health care
10professionals, including the school nurse or education team,
11in the development of an individual health plan, and a seizure
12action plan if appropriate, consistent with the state board’s
13rules. The individual health plan or seizure plan, based
14on the student’s needs, may include assessment, nursing
15diagnosis, outcomes, planning, interventions, student goals, if
16applicable, and a plan for emergencies to provide direction in
17managing the student’s health needs. The plan must be updated
18consistent with individual health plan timelines and state
19board of education rules.
20Each school shall keep the parent’s written authorization
21requesting medication administration at school, the individual
22health plan, and the seizure action plan on file in the office
23of the school nurse or school administrator, and distribute
24information regarding the seizure action to any school
25personnel or volunteers responsible for the student. The
26health plan information is confidential under federal law.
27Provisions relating to the administration of medication
28prescribed to treat a specific student’s seizure disorder
29symptoms, and to distribution of information about a specific
30student’s seizure action plan to persons responsible for the
31supervision or care of the student apply only to schools that
32have a student enrolled who has a known epilepsy diagnosis
33or seizure disorder or has a seizure rescue medication or
34medication prescribed to treat seizure disorder symptoms.
35Every school district may provide an age-appropriate seizure
-18-1education program to all students on seizures and seizure
2disorders.
3A school district, school district employee, or agent
4who acts in good faith to provide assistance or services in
5compliance with the student’s individual health plan and the
6instructions of the student’s licensed health care professional
7shall not be liable for any claim for injuries or damages
8arising from the provision of such services to students with
9epilepsy or seizure disorders.
10The bill directs the department of education, in
11collaboration with the department of public health, to
12convene a school district health-related training requirements
13task force to review health-related training requirements
14established in the Code and the Iowa administrative code, with
15which school districts must comply.
16Voting members of the task force shall include persons
17deemed appropriate by the department of education, in
18collaboration with the department of public health. The
19departments shall work cooperatively to provide staffing and
20administrative support to the task force.
21The task force shall submit its uniform training framework,
22findings, and recommendations to the general assembly by
23December 30, 2022.
24DIVISION VII — NATIONAL CRIMINAL HISTORY RECORD CHECKS.
25 The bill relates to national criminal history record checks for
26certain specified employees of schools and persons applying for
27a license from the board of educational examiners (BOEE).
28Current law requires the BOEE to adopt rules that require
29all initial applicants to submit a completed fingerprint packet
30and to use the packet to facilitate a national criminal history
31background check. The bill provides that this provision shall
32not be construed to require the BOEE to receive the results of
33the national criminal history record check before granting a
34license to an initial applicant that is contingent upon the
35results of the national criminal history record check.
-19- 1Current law authorizes the BOEE to issue authorizations for
2coaching, school business officials, and substitute teachers.
3The bill provides that the rules the BOEE adopts related to
4issuing these authorizations shall not require the BOEE to
5receive the results of a national criminal history record check
6before granting an authorization that is contingent upon the
7results of the national criminal history record check.
8Current law provides that prior to entering into an initial
9contract with a teacher who holds a license other than an
10initial license issued by the BOEE, a school district shall
11submit the applicant’s fingerprints to the division of criminal
12investigation of the department of public safety for submission
13to the federal bureau of investigation for a national criminal
14history record check. The bill provides that this provision
15shall not be construed to require a school district to receive
16the results of the national criminal history record check
17before entering into an initial contract with a teacher who
18holds a license other than an initial license issued by the
19BOEE that is contingent upon the results of the national
20criminal history record check.
-20-jda/jh
2by public moneys, including the sale of public bonds,
3the duties and responsibilities of school boards, school
4districts, the department of education, the board of
5educational examiners, and accredited nonpublic schools, and
6the membership of county conference boards.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2BOND SALES
3 Section 1. Section 75.2, Code 2022, is amended to read as
4follows:
575.2 Notice of sale.
6When public bonds are offered for sale, the official in
7charge of the bond issue shall, by advertisement published
8at least once, the last one of which shall be not less than
9four nor more than twenty days before the sale in a newspaper
10located in the county or a county contiguous to the place of
11sale, give notice of the time and place of sale of the bonds,
12the amount to be offered for sale, and any further information
13which the official deems pertinent by publishing the time and
14place of sale of the bonds, the amount to be offered for sale,
15and any additional information the official deems pertinent
16to the bond issue not less than four nor more than twenty
17days before the sale in at least one electronic or written
18publication with nationwide circulation that is recognized for
19providing information regarding the sale of public bonds.
20 Sec. 2. Section 75.14, Code 2022, is amended to read as
21follows:
2275.14 Electronic bidding.
23Notwithstanding contrary provisions of this chapter,
24including section 75.3, a public body authorized to issue
25bonds, notes, or other obligations may elect to receive bids to
26purchase such bonds, notes, or other obligations by means of
27electronic, internet, or wireless communication; a proprietary
28bidding procedure or system; or by facsimile transmission
29to a location deemed appropriate by the governing body, in
30each instance as may be approved by the governing body and
31provided for in the notice of sale. An electronic bid shall
32be submitted in substantial conformity with the requirements
33of chapter 554D and any rules adopted pursuant to that chapter
34with respect to the acceptance of electronic records by a
35governmental agency. Additionally, before approving the use
-1-1of an electronic bidding procedure, the public body shall find
2and determine that the specific procedure to be used will
3provide reasonable security and maintain the integrity of
4the competitive bidding process, and facilitate the delivery
5of bids by interested parties under the circumstances of the
6particular sale.
7DIVISION II
8SCHOOL BOARD DUTIES AND RESPONSIBILITIES
9 Sec. 3. Section 279.6, subsection 1, paragraph a, Code 2022,
10is amended to read as follows:
11a. Except as provided in paragraph “b” and subsection 2,
12vacancies occurring among the officers or members of a school
13board shall be filled by the board by appointment. A person
14so appointed to fill a vacancy in an elective office shall
15hold office until a successor is elected and qualified at the
16next regular school election, unless there is an intervening
17special election for the school district, in which event a
18successor shall be elected at the intervening special election,
19in accordance with section 69.12. To fill a vacancy occurring
20among the members of a school board, the board shall publish
21notice either on the board’s internet site or in the manner
22prescribed by section 279.36, stating that the board intends to
23fill the vacancy by appointment but that the electors of the
24school district have the right to file a petition requiring
25that the vacancy be filled by a special election conducted
26pursuant to section 279.7. The board may publish notice in
27advance if a member of the board submits a resignation to take
28effect at a future date. The board may make an appointment to
29fill the vacancy after the notice is published or after the
30vacancy occurs, whichever is later.
31 Sec. 4. Section 279.6, subsection 1, paragraph b,
32subparagraphs (1) and (2), Code 2022, are amended to read as
33follows:
34(1) If within fourteen days after publication of a providing
35 notice required pursuant to paragraph “a” for a vacancy that
-2-1occurs more than one hundred eighty days before the next
2regular school election, or after the filing period closes
3pursuant to section 277.4, subsection 1, for the next regular
4school election, there is filed with the secretary of the
5school board a petition requesting a special election to fill
6the vacancy, an appointment to fill the vacancy is temporary
7until a successor is elected and qualified, and the board shall
8call a special election pursuant to section 279.7, to fill the
9vacancy for the remaining balance of the unexpired term.
10(2) If within fourteen days after publication of a providing
11 notice required pursuant to paragraph “a” for a vacancy that
12occurs one hundred eighty days or less but more than forty days
13before the next regular school election there is filed with the
14secretary of the school board a petition requesting to fill
15the vacancy by election, an appointment to fill the vacancy is
16temporary until a successor is elected and qualified, and the
17school board shall require that the remaining balance of the
18unexpired term be filled at the next regular school election.
19 Sec. 5. Section 279.20, subsection 2, Code 2022, is amended
20to read as follows:
212. The board of directors of a school district may delegate
22the authority to hire support personnel and sign the support
23personnel employment contracts, if applicable, if the board
24adopts a policy authorizing the superintendent to perform
25such duties and specifying the positions the superintendent
26is authorized to fill. The board of directors of a school
27district and the superintendent, if authorized pursuant to
28this subsection, may use electronic signatures and electronic
29contracts pursuant to chapter 554D and facsimile signatures
30when entering into the contracts described in this subsection.
31 For purposes of this subsection, the term “support personnel”
32includes, but is not limited to, bus drivers, custodians,
33educational associates, and clerical and food service
34employees.
35 Sec. 6. Section 280.5, subsection 2, Code 2022, is amended
-3-1to read as follows:
22. The board of directors of each Each public school
3district shall administer the pledge of allegiance in grades
4one through twelve each school day. Each classroom in which
5the pledge of allegiance is recited pursuant to this subsection
6shall display the United States flag during the recitation. A
7student shall not be compelled against the student’s objections
8or those of the student’s parent or guardian to recite the
9pledge.
10 Sec. 7. Section 291.1, Code 2022, is amended to read as
11follows:
12291.1 President — duties.
13The president of the board of directors shall preside at
14all of its meetings, sign all contracts made by the board, and
15appear on behalf of the corporation in all actions brought by
16or against it, unless individually a party, in which case this
17duty shall be performed by the secretary. The president or the
18president’s designee shall have the authority to enter into
19original contracts or electronic contracts pursuant to chapter
20554D and sign, using an original, or facsimile, or electronic
21 signature, as defined in section 554D.103, all school district
22payments drawn and authorize electronic funds transfers as
23provided by law. The board of directors, by resolution, may
24designate an individual, who shall not be the secretary, to
25sign payments or authorize electronic funds transfers on behalf
26of the president pursuant to this section.
27DIVISION III
28DEPARTMENT OF EDUCATION WORK GROUP
29 Sec. 8. DEPARTMENT OF EDUCATION — HEALTH CARE-RELATED
30TRAINING FOR SCHOOL PERSONNEL WORK GROUP.
311. The department of education shall convene and provide
32administrative support to a health care-related training
33for school personnel work group. The work group shall
34review and develop a plan to ensure Iowa educators have the
35health care training necessary to perform their duties and
-4-1responsibilities, and shall consider and submit recommendations
2for delivery and implementation of training required under
3state law or rule.
42. The work group shall include all of the following:
5a. (1) Two members who are staff members from the
6department of education, one of whom shall be an administrative
7consultant in the bureau of nutrition and health services.
8A member appointed under this subparagraph shall coordinate
9the work group and act as chairperson for the organizational
10meeting.
11(2) One member who is a staff member from the Iowa
12department of public health.
13b. Members who shall represent each of the following:
14(1) One member from a statewide organization representing
15teachers.
16(2) One member from a statewide organization representing
17school board members.
18(3) One member from a statewide organization representing
19school administrators.
20(4) One member from a statewide organization representing
21authorities in charge of accredited nonpublic schools.
22(5) One member representing the area education agencies.
23(6) One member from a statewide organization representing
24physicians.
25(7) One member from a statewide organization representing
26athletic trainers.
27(8) One member from a statewide organization representing
28emergency management services.
29(9) One member from a statewide organization representing
30health care organizations.
31(10) One member from a statewide organization representing
32school nurses.
333. Any expenses incurred by a member of the work group
34shall be the responsibility of the individual member or the
35respective entity represented by the member.
-5- 14. The director of the department of education or the
2director’s designee shall compile and provide to the work group
3a list of, and the purposes for, the health care training
4programs that school personnel are required to complete, as
5well as any requirements school personnel must meet following
6such training, in order be in compliance with state law or
7administrative rule.
85. The work group shall do all of the following:
9a. Identify which trainings can be best provided online,
10and how such training can be rotated on a five-year basis for
11school personnel.
12b. Develop a plan for a regular cycle of health care-related
13training for school personnel review, with the goal of removing
14or modifying training or training programs that are no longer
15relevant, and identifying less costly and more efficient
16options that still provide the appropriate level of training to
17school personnel.
18c. Standardize the process of establishing new training
19requirements in state law or rule to manage stakeholder
20expectations relating to the timeline for establishing the
21requirements.
22d. Create an ongoing review process to find efficiencies,
23identify training options that better utilize time and
24financial resources, and offer a continuous improvement model
25for the system moving forward.
26e. Study and make any recommended changes on rules adopted
27by the state board of education under 281 IAC ch.14, relating
28to individual health plans prepared for students with various
29health conditions.
30f. Ensure a public comment process for patient advocacy
31groups and parents to provide input on the recommendations of
32the work group.
336. If the work group recommends elimination or significant
34modification of certain health care-related training for
35school personnel, the department of education shall identify
-6-1stakeholders who would potentially be affected by such
2change, and shall invite representatives from organizations
3representing such stakeholders to submit comments before or
4at an upcoming work group meeting before the work group makes
5final recommendations.
67. The department of education shall compile the work
7group’s findings and recommendations and shall submit the
8compilation, including any proposal for legislation, in a
9report to the general assembly, the governor, and the state
10board of education by December 1, 2022.
11DIVISION IV
12STATEWIDE SCHOOL INFRASTRUCTURE FUNDING
13 Sec. 9. Section 423F.4, subsection 2, paragraph a, Code
142022, is amended to read as follows:
15a. Bonds issued on or after July 1, 2019, shall not be
16sold at public sale as provided in chapter 75, or at a private
17sale, without notice and hearing. Notice of the time and
18place of the public hearing shall be published not less than
19ten nor more than twenty days before the public hearing in a
20newspaper which is a newspaper of general circulation in the
21school district at least one electronic or written publication
22with nationwide circulation that is recognized for providing
23information regarding the sale of public bonds. This paragraph
24does not apply to the refinancing of bonds.
25DIVISION V
26COUNTY CONFERENCE BOARD
27 Sec. 10. Section 441.2, Code 2022, is amended to read as
28follows:
29441.2 Conference board.
30In each county and each city having an assessor there shall
31be established a conference board. In counties the conference
32board shall consist of the mayors or a designated member of a
33city council of all incorporated cities in the county whose
34property is assessed by the county assessor, one representative
35from the board of directors of each high school district of
-7-1the county, who is a resident of the county, said board of
2directors appointing said representative for a one-year term
3and notifying the clerk of the conference board as to their
4representative, and members of the board of supervisors. In
5cities having an assessor the conference board shall consist
6of the members of the city council, school board, and county
7board of supervisors. In the counties the chairperson of the
8board of supervisors shall act as chairperson of the conference
9board, in cities having an assessor the mayor of the city
10council shall act as chairperson of the conference board. In
11any action taken by the conference board, the mayors of all
12incorporated cities in the county whose property is assessed
13by the county assessor shall constitute one voting unit, the
14members of the city board of education or one representative
15from the board of directors of each high school district of
16the county shall constitute one voting unit, the members of
17the city council shall constitute one voting unit, and the
18county board of supervisors shall constitute one voting unit,
19each unit having a single vote and no action shall be valid
20except by the vote of not less than two out of the three units.
21The majority vote of the members present of each unit shall
22determine the vote of the unit. The assessor shall be clerk of
23the conference board.
24DIVISION VI
25SEIZURE ACTION PLAN AND TRAINING REQUIREMENTS
26 Sec. 11. NEW SECTION. 280.13D Seizure action plan and
27training requirements.
281. For purposes of this section, unless the context
29otherwise requires:
30a. “Individual health plan” means the confidential, written,
31preplanned, and ongoing special health service developed for a
32student who requires such service to be incorporated with the
33student’s educational program.
34b. “School personnel” means principals, guidance counselors,
35teachers, and other relevant employees who have direct contact
-8-1with and supervise children, including school bus drivers and
2paraeducators.
3c. “Seizure action plan” means a written set of instructions
4designed to direct caregivers and staff to intervene in the
5event of a seizure occurrence and is considered a plan for
6emergencies as a part of an individual health plan.
72. a. Commencing with the school year beginning July 1,
82023, the board of directors of each school district and the
9authorities in charge of each nonpublic school shall have
10at least one school employee at each school who has met the
11training requirements necessary to administer or assist with
12the self-administration of all of the following:
13(1) A seizure rescue medication or medication prescribed
14to treat seizure disorder symptoms as approved by the United
15States food and drug administration.
16(2) A manual dose of prescribed electrical stimulation
17using a vagus nerve stimulator magnet as approved by the United
18States food and drug administration.
19b. The presence of a registered nurse employed full-time
20by a school district or nonpublic school who assumes
21responsibility for the administration of seizure medications,
22and the administration oversight of vagus nerve stimulation,
23fulfills the requirements of paragraph “a”. This section shall
24not be construed to require school personnel, other than a
25registered nurse, to administer a suppository to a student.
263. Every school attendance center shall provide training
27to all school personnel on the recognition of the signs and
28symptoms of seizures and the appropriate steps for seizure
29first aid.
304. Any training programs or guidelines adopted by any state
31agency for the training of school personnel in the health care
32needs of students diagnosed with a seizure disorder shall
33be fully consistent with training programs and guidelines
34developed by the epilepsy foundation of America and any
35successor organization.
-9- 15. Each school district shall require school personnel or
2volunteers responsible for the supervision or care of students
3to undergo approved seizure recognition and first aid training
4on a biennial basis.
56. Nothing in this section shall be construed to limit the
6authority of a school district or the department of education
7to require additional seizure disorder training.
87. a. Prior to school personnel administering a seizure
9rescue medication or medication prescribed to treat a student’s
10seizure disorder symptoms, the student’s parent or guardian
11shall provide the school with a signed and dated written
12authorization requesting medication administration at school
13that meets the requirements of the school’s medication
14administration policy and procedures established in accordance
15with 281 IAC 14.1.
16b. The parent or guardian of each student diagnosed with
17a seizure disorder may collaborate with licensed health care
18professionals, including the school nurse or education team,
19in the development of an individual health plan, and a seizure
20action plan if appropriate, consistent with rules adopted by
21the state board of education. The individual health plan or
22seizure action plan, based on the student’s needs, may include
23but is not limited to assessment, nursing diagnosis, outcomes,
24planning, interventions, student goals if applicable, and a
25plan for emergencies to provide direction in managing the
26student’s health needs. The plan shall be updated consistent
27with timelines for individual health plans and with rules
28adopted by the state board of education. Personal information
29in the plan regarding the student shall be kept confidential
30as required under the federal Family Educational Rights and
31Privacy Act, 20 U.S.C.§1232g.
32c. Each school district and nonpublic school attendance
33center shall keep the written authorization, individual health
34plan, and seizure action plan on file in the office of the
35school nurse or school administrator.
-10- 18. Each school district and nonpublic school attendance
2center shall distribute information regarding the seizure
3action plan to any school personnel or volunteers responsible
4for the supervision or care of the student.
59. The authorization for the administration to administer
6medication provided in accordance with subsection 7, paragraph
7“a”, shall be effective for the school year in which the
8authorization is granted and must be renewed each following
9school year.
1010. The requirements of subsections 7, 8, and 9 shall apply
11only to school district and nonpublic school attendance centers
12that have a student enrolled who has a known epilepsy diagnosis
13or seizure disorder or has a seizure rescue medication or
14medication prescribed to treat seizure disorder symptoms
15approved by the United States food and drug administration
16prescribed by the student’s health care provider.
1711. Every school district attendance center may provide an
18age-appropriate seizure education program to all students on
19seizures and seizure disorders. The seizure education program
20shall be consistent with guidelines published by the epilepsy
21foundation of America and any successor organization. The
22state board of education shall adopt rules pursuant to chapter
2317A for implementation of this section.
2412. A school district or nonpublic school, school district
25or nonpublic school employee, or school district or nonpublic
26school agent acting in good faith and in compliance with the
27student’s individual health plan and the instructions of the
28student’s licensed health care professional, and who provides
29assistance or services under this section, shall not be
30liable for any claim for injuries or damages arising from the
31provision of services provided under this section to students
32with epilepsy or seizure disorders.
3313. The department of education shall develop and implement
34a seizure education program statewide.
35 Sec. 12. DEPARTMENT OF EDUCATION — SCHOOL DISTRICT
-11-1HEALTH-RELATED TRAINING REQUIREMENTS TASK FORCE.
21. The department of education, in collaboration with the
3department of public health, shall convene a school district
4health-related training requirements task force to review
5health-related training requirements established in the Code
6and the administrative code, with which school districts must
7comply. The task force shall review the current requirements
8to determine whether the current training requirements are
9appropriate, identify the classifications of school personnel
10for whom such training is warranted, develop timelines for
11frequency of such training and training updates for the
12classifications of school personnel, and propose modification
13or elimination of requirements that are outdated. The task
14force shall develop a uniform training framework that school
15districts may follow to provide health-related training in the
16most efficient and effective manner.
172. Voting members of the task force shall include persons
18deemed appropriate by the department of education, in
19collaboration with the department of public health.
203. The department of education and the department of
21public health shall work cooperatively to provide staffing and
22administrative support to the task force.
234. The task force shall submit its uniform training
24framework, findings, and recommendations to the general
25assembly by December 30, 2022.
26DIVISION VII
27NATIONAL CRIMINAL HISTORY RECORD CHECKS
28 Sec. 13. Section 272.2, subsection 17, Code 2022, is amended
29to read as follows:
3017. Adopt rules to require that a background investigation
31be conducted by the division of criminal investigation of the
32department of public safety on all initial applicants for
33licensure. The board shall also require all initial applicants
34to submit a completed fingerprint packet and shall use the
35packet to facilitate a national criminal history background
-12-1check. The board shall have access to, and shall review
2the sex offender registry information under section 692A.121
3available to the general public, information in the Iowa court
4information system available to the general public, the central
5registry for child abuse information established under chapter
6235A, and the dependent adult abuse records maintained under
7chapter 235B for information regarding applicants for license
8renewal. This subsection shall not be construed to require the
9board to receive the results of the national criminal history
10record check before granting a license to an initial applicant
11that is contingent upon the results of the national criminal
12history record check.
13 Sec. 14. Section 272.31, subsection 5, Code 2022, is amended
14to read as follows:
155. The board shall adopt rules under chapter 17A for
16authorizations, including but not limited to approval of
17courses, validity and expiration, fees, and suspension and
18revocation of authorizations. The rules shall not require the
19board to receive the results of a national criminal history
20record check before granting an authorization under this
21section that is contingent upon the results of the national
22criminal history record check.
23 Sec. 15. Section 279.13, subsection 1, paragraph b,
24subparagraph (1), Code 2022, is amended to read as follows:
25(1) Prior to entering into an initial contract with a
26teacher who holds a license other than an initial license
27issued by the board of educational examiners under chapter 272,
28the school district shall initiate a state criminal history
29record check of the applicant through the division of criminal
30investigation of the department of public safety, submit the
31applicant’s fingerprints to the division for submission to the
32federal bureau of investigation for a national criminal history
33record check, and review the sex offender registry information
34under section 692A.121 available to the general public, the
35central registry for child abuse information established
-13-1under section 235A.14, and the central registry for dependent
2adult abuse information established under section 235B.5
3for information regarding the applicant for employment as a
4teacher. This subparagraph shall not be construed to require a
5school district to receive the results of the national criminal
6history record check before entering into an initial contract
7with a teacher who holds a license other than an initial
8license issued by the board of educational examiners under
9chapter 272 that is contingent upon the results of the national
10criminal history record check.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14The bill relates to entities supported in whole or in part by
15public moneys, including the sale of public bonds, the duties
16and responsibilities of school boards, school districts, the
17department of education, the board of educational examiners,
18and accredited nonpublic schools, and the membership of county
19conference boards.
20DIVISION I — BOND SALES. Current law provides that when
21public bonds are offered for sale, the official in charge
22of the bond issue shall give notice of the time and place
23of sale, the amount to be offered for sale, and any further
24information which the official deems pertinent by publishing
25an advertisement in a newspaper. The bill modifies this
26provision to require the official in charge of the bond issue
27to give notice of the sale by publishing the time and place of
28sale, the amount to be offered for sale, and any additional
29information the official deems pertinent to the bond issue in
30at least one electronic or written publication with nationwide
31circulation that is recognized for providing information
32regarding the sale of public bonds.
33Code section 75.14 provides that, notwithstanding contrary
34provisions of Code chapter 75 (authorization and sale of public
35bonds), a public body authorized to issue bonds or other
-14-1obligations may elect to receive bids to purchase such bonds
2or other obligations by means of electronic communication, a
3proprietary bidding procedure, or by facsimile transmission to
4a location deemed appropriate by the governing body. The bill
5adds a reference to Code section 75.3 (sealed and open bids) to
6the notwithstanding provision.
7DIVISION II — SCHOOL BOARD DUTIES AND RESPONSIBILITIES.
8 Code section 279.6 provides a process to fill vacancies
9occurring among the members of a school board. This process
10requires, among other things, the publication in a newspaper
11of notice stating that the board intends to fill the vacancy
12by appointment. The bill authorizes notice to be provided by
13publication on the board’s internet site as well.
14The bill authorizes the board of directors of a school
15district and the superintendent, in certain specified
16circumstances, to use electronic signatures and electronic
17contracts pursuant to Code chapter 554D (electronic
18transactions) and facsimile signatures when entering into
19contracts to hire support personnel.
20Current law requires the board of directors of each public
21school district to administer the pledge of allegiance in
22grades 1 through 12 each school day. The bill modifies this
23provision to require each public school district to administer
24the pledge of allegiance in grades 1 through 12 each school
25day.
26The bill authorizes the president of the board of directors
27of a school district, or the president’s designee, to enter
28into original contracts or electronic contracts pursuant
29to chapter 554D and sign, using an original, facsimile, or
30electronic signature, all school district payments drawn and
31authorize electronic funds transfers as provided by law.
32DIVISION III — DEPARTMENT OF EDUCATION WORK GROUP. The bill
33requires the department of education to convene and provide
34administrative support to a health care-related training for
35school personnel group. The bill requires the group to review
-15-1and develop a plan to ensure that Iowa educators have the
2health care training necessary to perform their duties and
3to submit recommendations for delivery and implementation of
4training required under state law or rule. The bill specifies
5the members the group shall include. The bill requires the
6group to submit its findings and recommendations in a report
7to the general assembly, the governor, and the state board of
8education by December 1, 2022.
9DIVISION IV — STATEWIDE SCHOOL INFRASTRUCTURE FUNDING.
10 Current law provides that bonds issued under Code chapter
11423F (statewide school infrastructure funding) on or after
12July 1, 2019, shall not be sold at a public or private sale
13without notice and hearing. Current law also provides that
14notice of the sale shall be published in a newspaper. The bill
15modifies this provision to require that notice be published in
16at least one electronic or written publication with nationwide
17circulation that is recognized for providing information
18regarding the sale of public bonds. The bill provides that
19this provision does not apply to the refinancing of bonds.
20DIVISION V — COUNTY CONFERENCE BOARD. Current law provides
21that each county and each city having an assessor shall have a
22conference board. Current law also provides that in counties,
23the conference board shall consist of the mayors of all
24incorporated cities in the county whose property is assessed
25by the county assessor, one representative from the board of
26directors of each high school district of the county, who is
27a resident of the county, said board of directors appointing
28said representative for a one-year term and notifying the
29clerk of the conference board as to their representative, and
30members of the board of supervisors. The bill modifies this
31provision to require that the conference board consist of the
32mayors or a designated member of a city council, along with
33the representatives already provided. The bill also strikes
34the requirement that the board of directors of a high school
35district appoint a representative for a one-year term and
-16-1notify the clerk of the conference board as to the identity of
2the representative.
3DIVISION VI — SEIZURE ACTION PLAN AND TRAINING
4REQUIREMENTS. The bill requires school districts and
5accredited nonpublic schools that have a student enrolled who
6has a known epilepsy diagnosis or seizure disorder or has a
7seizure rescue medication or medication prescribed to treat
8seizure disorder symptoms to have an individual health plan,
9including a seizure action plan if appropriate, requires school
10districts and accredited nonpublic schools to provide certain
11training relating to seizures to relevant school employees,
12requires the state board of education to adopt rules for
13implementation of new Code section 280.13D, and requires the
14department of education to develop and implement a seizure
15education program statewide.
16Commencing with the school year beginning July 1, 2023,
17the bill requires school districts and accredited nonpublic
18schools to have at least one school employee at each school
19who has met the training requirements for administering
20medications and vagus nerve stimulation. The presence of a
21full-time registered nurse who assumes responsibility for
22the administration of seizure medications and vagus nerve
23stimulation meets this requirement. However, school personnel,
24other than a registered nurse, are not required to administer a
25suppository to a student.
26The bill includes definitions and requirements relating to
27the development of individual health plans and seizure action
28plans.
29Every school attendance center shall provide training to
30school personnel or volunteers responsible for the supervision
31or care of students. The training must be fully consistent
32with programs and guidelines developed by the epilepsy
33foundation of America.
34Further, each school district must require all school
35personnel to undergo approved seizure recognition and first aid
-17-1training on a biennial basis. The new Code section shall not
2be construed to limit the authority of a school district or the
3department to require additional seizure disorder training.
4Prior to administering medication prescribed to treat a
5student’s seizure disorder symptoms, the student’s parent or
6guardian must provide the school with a written authorization
7to administer the medication at school.
8The parent or guardian of a student diagnosed with a
9seizure disorder may collaborate with licensed health care
10professionals, including the school nurse or education team,
11in the development of an individual health plan, and a seizure
12action plan if appropriate, consistent with the state board’s
13rules. The individual health plan or seizure plan, based
14on the student’s needs, may include assessment, nursing
15diagnosis, outcomes, planning, interventions, student goals, if
16applicable, and a plan for emergencies to provide direction in
17managing the student’s health needs. The plan must be updated
18consistent with individual health plan timelines and state
19board of education rules.
20Each school shall keep the parent’s written authorization
21requesting medication administration at school, the individual
22health plan, and the seizure action plan on file in the office
23of the school nurse or school administrator, and distribute
24information regarding the seizure action to any school
25personnel or volunteers responsible for the student. The
26health plan information is confidential under federal law.
27Provisions relating to the administration of medication
28prescribed to treat a specific student’s seizure disorder
29symptoms, and to distribution of information about a specific
30student’s seizure action plan to persons responsible for the
31supervision or care of the student apply only to schools that
32have a student enrolled who has a known epilepsy diagnosis
33or seizure disorder or has a seizure rescue medication or
34medication prescribed to treat seizure disorder symptoms.
35Every school district may provide an age-appropriate seizure
-18-1education program to all students on seizures and seizure
2disorders.
3A school district, school district employee, or agent
4who acts in good faith to provide assistance or services in
5compliance with the student’s individual health plan and the
6instructions of the student’s licensed health care professional
7shall not be liable for any claim for injuries or damages
8arising from the provision of such services to students with
9epilepsy or seizure disorders.
10The bill directs the department of education, in
11collaboration with the department of public health, to
12convene a school district health-related training requirements
13task force to review health-related training requirements
14established in the Code and the Iowa administrative code, with
15which school districts must comply.
16Voting members of the task force shall include persons
17deemed appropriate by the department of education, in
18collaboration with the department of public health. The
19departments shall work cooperatively to provide staffing and
20administrative support to the task force.
21The task force shall submit its uniform training framework,
22findings, and recommendations to the general assembly by
23December 30, 2022.
24DIVISION VII — NATIONAL CRIMINAL HISTORY RECORD CHECKS.
25 The bill relates to national criminal history record checks for
26certain specified employees of schools and persons applying for
27a license from the board of educational examiners (BOEE).
28Current law requires the BOEE to adopt rules that require
29all initial applicants to submit a completed fingerprint packet
30and to use the packet to facilitate a national criminal history
31background check. The bill provides that this provision shall
32not be construed to require the BOEE to receive the results of
33the national criminal history record check before granting a
34license to an initial applicant that is contingent upon the
35results of the national criminal history record check.
-19- 1Current law authorizes the BOEE to issue authorizations for
2coaching, school business officials, and substitute teachers.
3The bill provides that the rules the BOEE adopts related to
4issuing these authorizations shall not require the BOEE to
5receive the results of a national criminal history record check
6before granting an authorization that is contingent upon the
7results of the national criminal history record check.
8Current law provides that prior to entering into an initial
9contract with a teacher who holds a license other than an
10initial license issued by the BOEE, a school district shall
11submit the applicant’s fingerprints to the division of criminal
12investigation of the department of public safety for submission
13to the federal bureau of investigation for a national criminal
14history record check. The bill provides that this provision
15shall not be construed to require a school district to receive
16the results of the national criminal history record check
17before entering into an initial contract with a teacher who
18holds a license other than an initial license issued by the
19BOEE that is contingent upon the results of the national
20criminal history record check.
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