Senate File 2362 - 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, accredited nonpublic
5schools, charter schools, and children’s residential
6facilities, and the membership and voting units of county
7and city conference boards.
8BE 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.
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   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 sold
16at public sale as provided in chapter 75, or at a private sale,
17without notice and hearing. Notice of the time and place of
18the public hearing shall be published not less than ten nor
19more than twenty days before the public hearing in a newspaper
20which is a newspaper of general circulation in the school
21district. This paragraph does not apply to the refinancing of
22bonds.

23DIVISION V
24COUNTY CONFERENCE BOARD
25   Sec. 10.  Section 441.2, Code 2022, is amended to read as
26follows:
   27441.2  Conference board.
   28In each county and each city having an assessor there shall
29be established a conference board. In counties the conference
30board shall consist of the mayors or a designated member of a
31city council
of all incorporated cities in the county whose
32property is assessed by the county assessor, one representative
33from the board of directors of each high school district of
34the county, who is a resident of the county, said board of
35directors appointing said representative for a one-year term
-7-1and notifying the clerk of the conference board as to their
2representative,
and members of the board of supervisors. In
3cities having an assessor the conference board shall consist
4of the members of the city council, school board the board
5of directors of each high school district in the city,
and
6county board of supervisors. In the counties the chairperson
7of the board of supervisors shall act as chairperson of the
8conference board, in cities having an assessor the mayor of the
9city council shall act as chairperson of the conference board.
10In any action taken by the conference board, the mayors of all
11incorporated cities in the county whose property is assessed
12by the county assessor shall constitute one voting unit, the
13members of the city board of education board of directors of
14each high school district in the city
or one representative
15from the board of directors of each high school district of the
16county shall constitute one voting unit, the members of the
17city council shall constitute one voting unit, and the county
18board of supervisors shall constitute one voting unit, each
19unit having a single vote and no action shall be valid except
20by the vote of not less than two out of the three units. In
21any action taken by the conference board, if a city or a county
22contains only one high school district, the members of or the
23representative of the board of directors of the high school
24district, as applicable, shall constitute one voting unit.

25 The majority vote of the members present of each unit shall
26determine the vote of the unit. The assessor shall be clerk of
27the conference board.
28DIVISION VI
29SEIZURE Training REQUIREMENTS
30   Sec. 11.  Section 256E.7, subsection 2, Code 2022, is amended
31by adding the following new paragraph:
32   NEW PARAGRAPH.  0i.  Be subject to and comply with the
33seizure training requirements of section 279.76 in the same
34manner as school districts.
35   Sec. 12.  NEW SECTION.  279.76  Seizure training requirements.
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   1Commencing with the school year beginning July 1, 2023,
2the board of directors of each school district shall have
3at least one school employee at each school who has met the
4training requirements necessary to administer or assist with
5the self-administration of all of the following:
   61.  A seizure rescue medication or medication prescribed
7to treat seizure disorder symptoms as approved by the United
8States food and drug administration.
   92.  A manual dose of prescribed electrical stimulation using
10a vagus nerve stimulator magnet as approved by the United
11States food and drug administration.
12DIVISION VII
13CHILDREN’S RESIDENTIAL FACILITIES
14   Sec. 13.  Section 282.34, Code 2022, is amended by adding the
15following new subsection:
16   NEW SUBSECTION.  6.  For children requiring admission to
17a residential treatment facility, the residential treatment
18facility shall complete and provide to the district of
19residence the documentation necessary to seek Medicaid
20reimbursement for eligible services.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
   24This bill relates to entities supported in whole or in part
25by public moneys, including the sale of public bonds, the
26duties and responsibilities of school boards, school districts,
27the department of education, accredited nonpublic schools,
28charter schools, and children’s residential facilities, and
29the membership and voting units of county and city conference
30boards.
   31DIVISION I — BOND SALES. Current law provides that when
32public bonds are offered for sale, the official in charge
33of the bond issue shall give notice of the time and place
34of sale, the amount to be offered for sale, and any further
35information which the official deems pertinent by publishing
-9-1an advertisement in a newspaper. The bill modifies this
2provision to require the official in charge of the bond issue
3to give notice of the sale by publishing the time and place of
4sale, the amount to be offered for sale, and any additional
5information the official deems pertinent to the bond issue in
6at least one electronic or written publication with nationwide
7circulation that is recognized for providing information
8regarding the sale of public bonds.
   9Code section 75.14 provides that, notwithstanding contrary
10provisions of Code chapter 75 (authorization and sale of public
11bonds), a public body authorized to issue bonds or other
12obligations may elect to receive bids to purchase such bonds
13or other obligations by means of electronic communication, a
14proprietary bidding procedure, or by facsimile transmission to
15a location deemed appropriate by the governing body. The bill
16adds a reference to Code section 75.3 (sealed and open bids) to
17the notwithstanding provision.
   18DIVISION II — SCHOOL BOARD DUTIES AND RESPONSIBILITIES.
19 Code section 279.6 provides a process to fill vacancies
20occurring among the members of a school board. This process
21requires, among other things, the publication in a newspaper
22of notice stating that the board intends to fill the vacancy
23by appointment. The bill authorizes notice to be provided by
24publication on the board’s internet site as well.
   25The bill authorizes the board of directors of a school
26district and the superintendent, in certain specified
27circumstances, to use electronic signatures and electronic
28contracts pursuant to Code chapter 554D (electronic
29transactions) and facsimile signatures when entering into
30contracts to hire support personnel.
   31Current law requires the board of directors of each public
32school district to administer the pledge of allegiance in
33grades 1 through 12 each school day. The bill modifies this
34provision to require each public school district to administer
35the pledge of allegiance in grades 1 through 12 each school
-10-1day.
   2The bill authorizes the president of the board of directors
3of a school district, or the president’s designee, to enter
4into original contracts or electronic contracts pursuant to
5Code chapter 554D and sign, using an original, facsimile, or
6electronic signature, all school district payments drawn and
7authorize electronic funds transfers as provided by law.
   8DIVISION III — DEPARTMENT OF EDUCATION WORK GROUP. The bill
9requires the department of education to convene and provide
10administrative support to a health care-related training for
11school personnel group. The bill requires the group to review
12and develop a plan to ensure that Iowa educators have the
13health care training necessary to perform their duties and
14to submit recommendations for delivery and implementation of
15training required under state law or rule. The bill specifies
16the members the group shall include. The bill requires the
17group to submit its findings and recommendations in a report
18to the general assembly, the governor, and the state board of
19education by December 1, 2022.
   20DIVISION IV — STATEWIDE SCHOOL INFRASTRUCTURE FUNDING.
21 Current law provides that bonds issued under Code chapter 423F
22(statewide school infrastructure funding) on or after July 1,
232019, shall not be sold at a public or private sale without
24notice and hearing. Current law also provides that notice of
25the sale shall be published in a newspaper. The bill provides
26that these provisions do not apply to the refinancing of bonds.
   27DIVISION V — COUNTY CONFERENCE BOARD. Current law provides
28that each county and each city having an assessor shall have a
29conference board. Current law also provides that in counties,
30the conference board shall consist of the mayors of all
31incorporated cities in the county whose property is assessed
32by the county assessor, one representative from the board of
33directors of each high school district of the county, who is
34a resident of the county, said board of directors appointing
35said representative for a one-year term and notifying the
-11-1clerk of the conference board as to their representative, and
2members of the board of supervisors. The bill modifies this
3provision to require that the conference board consist of the
4mayors or a designated member of a city council, along with
5the representatives already provided. The bill also strikes
6the requirement that the board of directors of a high school
7district appoint a representative for a one-year term and
8notify the clerk of the conference board as to the identity
9of the representative. Current law provides that, in cities
10having an assessor, the conference board shall consist of the
11members of the city council, school board, and county board of
12supervisors. The bill replaces this reference to school board
13with the board of directors of each high school district in the
14city. The bill establishes that, in any action taken by the
15conference board, the board of directors of each high school
16district in the city or one representative from the board of
17directors of each high school district of the county shall
18constitute one voting unit. The bill also establishes that, in
19any action taken by the conference board, if a city or a county
20contains only one high school district, the members of or the
21representative of the board of directors of the high school
22district, as applicable, shall constitute one voting unit.
   23DIVISION VI — SEIZURE TRAINING REQUIREMENTS. Commencing
24with the school year beginning July 1, 2023, the bill
25requires school districts and charter schools to have at
26least one school employee at each school who has met the
27training requirements necessary to administer or assist with
28the self-administration of seizure rescue medications and
29electrical stimulation using vagus nerve stimulator magnets.
   30DIVISION VII — CHILDREN’S RESIDENTIAL FACILITIES. The bill
31provides that for children requiring admission to a residential
32treatment facility, the residential treatment facility shall
33complete and provide to the school district of residence the
34documentation necessary to seek Medicaid reimbursement for
35eligible services.
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