House Study Bill 683 - IntroducedA Bill ForAn Act 1relating to facial covering policies adopted by the
2boards of directors of school districts or the authorities
3in charge of accredited nonpublic schools and providing
4civil penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 280.31, Code 2022, is amended to read as
2follows:
   3280.31  Facial coverings.
   41.  The board of directors of a school district, the
5superintendent or chief administering officer of a school
6or school district, and the authorities in charge of each
7accredited nonpublic school shall not adopt, enforce, or
8implement a policy that requires its employees, students, or
9members of the public to wear a facial covering for any purpose
10while on the school district’s or accredited nonpublic school’s
11property unless the facial covering is necessary for a specific
12extracurricular or instructional purpose, or is required by
13section 280.10 or 280.11 or any other provision of law.
   142.  a.  If the board of directors of a school district or the
15authorities in charge of an accredited nonpublic school adopt a
16facial covering policy as a necessary accommodation for a child
17with disabilities, the board or authorities shall grant an
18exception to the policy to any student whose parent or guardian
19provides written notice to the school district or accredited
20nonpublic school indicating that wearing a facial covering is
21detrimental to the student’s education.
   22b.  The board of directors of a school district and the
23authorities in charge of an accredited nonpublic school shall
24process all written notices submitted pursuant to paragraph “a”
25 within twenty-four hours after receipt.
   26c.  The board of directors of a school district or the
27authorities in charge of an accredited nonpublic school shall
28not take any adverse action against a student who is granted
29an exception to a policy that requires students to wear
30facial coverings as a necessary accommodation for a child with
31disabilities.
   32d.  The department of education shall adopt rules pursuant
33to chapter 17A to create a process to accept complaints from
34parents and guardians related to violations of this subsection.
35If, after investigation, the department of education determines
-1-1that any employee or contractor of the board of directors of a
2school district or the authorities in charge of an accredited
3nonpublic school has violated this subsection, the department
4of education shall assess a civil penalty against the employee
5or contractor not to exceed five hundred dollars for each
6violation. Revenue from the civil penalty provided in this
7paragraph shall be remitted to the treasurer of state for
8deposit in the general fund of the state.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
   12This bill relates to facial covering policies adopted by
13the boards of directors of school districts or the authorities
14in charge of accredited nonpublic schools and provides civil
15penalties.
   16The bill requires that if the board of directors of a
17school district or the authorities in charge of an accredited
18nonpublic school adopt a facial covering policy as a necessary
19accommodation for a child with disabilities, the board or
20authorities shall grant an exception to the policy to any
21student whose parent or guardian provides written notice to
22the school district or accredited nonpublic school indicating
23that wearing a facial covering is detrimental to the student’s
24education. Additionally, the bill requires the board of
25directors of a school district and the authorities in charge of
26an accredited nonpublic school to process these requests within
2724 hours after receipt and prohibits any adverse action against
28a student who is granted an exception.
   29The bill requires the department of education to adopt
30rules to create a process to accept complaints from parents
31and guardians related to violations of the bill’s provisions.
32The bill provides that if the department determines that
33any employee or contractor of the board of directors of a
34school district or the authorities in charge of an accredited
35nonpublic school has violated the bill’s provisions, the
-2-1department shall assess a civil penalty against the employee or
2contractor not to exceed $500 for each violation.
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