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Senate File 2369 - ReprintedA Bill ForAn Act 1relating to education, including establishing a student
2first scholarship program, a student first operational
3sharing fund, and a process for investigating complaints
4against licensed practitioners, modifying provisions
5related to supplementary weighting, the rights of students
6enrolled in school districts or charter schools, the
7rights of parents and guardians of those students, social
8studies instruction, open enrollment, competent private
9instruction, special education, practitioner preparation
10programs, mandatory reporters, and the responsibilities
11of the department of education, school districts, charter
12schools, accredited nonpublic schools, and the board of
13educational examiners, and including notice, effective date,
14applicability, and retroactive applicability provisions.
15BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PARENT OR GUARDIAN BILL OF RIGHTS
3 Section 1. Section 256.11, subsection 10, paragraph a,
4subparagraph (1), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (0e) The requirements of
7section 279.76.
8 Sec. 2. Section 256E.7, subsection 2, Code 2022, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. 0i. Be subject to and comply with the
11requirements of section 279.76 in the same manner as a school
12district.
13 Sec. 3. NEW SECTION. 279.76 Parent or guardian bill of
14rights.
151. Unless otherwise prohibited by state or federal law, the
16board of directors of a school district shall adopt policies to
17ensure that all of the following parental rights are reserved
18to the parent or guardian of a minor child without obstruction
19or interference from the school district in which the minor
20child is enrolled:
21a. The right to know what the school district in which
22the minor child is enrolled is teaching the minor child,
23including the textbooks, books, articles, outlines, handouts,
24presentations, videos, and any other similar materials the
25school district uses for student instruction. By July 1, 2025,
26the school district shall grant access through the internet to
27the curriculum used for student instruction of a minor child
28enrolled in the school district to the parent or guardian of
29the minor child.
30b. The right to access and review information related to
31who is teaching the minor child, including guest lecturers and
32outside presenters.
33c. The right to access and review information related to
34persons who contract with or otherwise receive moneys from the
35school district.
-1- 1d. The right to access the minor child while the minor child
2is in school that a reasonable person would deem necessary
3to ensure the health and safety of the minor child, unless
4otherwise prohibited by a court order.
5e. The right to access and review all school records
6relating to the minor child; provided, however, that the school
7district may prohibit access to and disclosure of school
8records if any of the following apply:
9(1) The school records are related to the minor child’s
10reporting of the parent’s or guardian’s violation of any law.
11(2) The school district determines based on actual threats
12to the health, safety, or welfare of a minor child, that
13providing access to or disclosing the school records may result
14in serious harm to the minor child.
15(3) Chapter 232, subchapter III, part 2, prohibits the
16school record from being disclosed.
17f. The right to access and review information related to the
18collection and transmission of information related to the minor
19child, including assessment information, documents created by
20the minor child, and teacher evaluations of the minor child.
21g. Subject to section 22.7, the right to access and
22review information necessary to ensure the accountability and
23transparency of the board of directors of the school district
24in which the minor child is enrolled.
25h. The right to access and review information related to the
26minor child’s safety while at school.
272. a. The school district shall not require any student
28to engage in any activity, including instruction, or any
29test, assessment, or other means of evaluation, that involves
30sexually explicit material without the express prior written
31consent of the student’s parent or guardian, which may be
32obtained by electronic means.
33b. The school district shall make every effort to prohibit
34a minor child from accessing sexually explicit material in the
35classroom on a device or through a computer network that is
-2-1owned or otherwise provided by the school district.
2c. (1) A school district that maintains in electronic form
3a catalog of library materials shall grant access through the
4internet or other suitable means to the catalog of library
5materials to the parent or guardian of any student enrolled in
6the school district. School districts that maintain a catalog
7of library materials in other than electronic form shall
8grant physical access to the catalog of library materials to
9the parent or guardian of any student enrolled in the school
10district at the school where the student attends class and at
11times that are convenient for the parent or guardian.
12(2) The parent or guardian of a minor child enrolled in
13the school district may provide notice to the school district
14indicating the materials that the minor child shall not be
15allowed to check out from a library operated by the school
16district, and the school district shall not allow the minor
17child to check out the materials described in the notice.
18(3) If a school district does not maintain in electronic
19form a catalog of library materials, the school district shall
20not allow a minor child to check out sexually explicit material
21from a library operated by the school district without the
22express prior written consent of the minor child’s parent or
23guardian, which may be obtained by electronic means.
243. The school district must receive the prior written
25consent of a student’s parent or guardian before requiring a
26student to take part in any of the following activities:
27a. An activity that involves the collection, disclosure,
28or use of personal information collected from students for the
29purpose of marketing or selling the information or providing
30the information to any other person for its marketing or sale.
31b. A survey, analysis, or evaluation that reveals
32information concerning any of the following:
33(1) The political affiliations or beliefs of the student or
34the student’s parent or guardian.
35(2) Mental or psychological problems of the student or the
-3-1student’s family.
2(3) Sex behavior or attitudes.
3(4) Illegal, antisocial, self-incriminating, or demeaning
4behavior.
5(5) Critical appraisals of other individuals with whom the
6student has close familial relationships.
7(6) Legally recognized privileged or analogous
8relationships, such as those of attorneys, physicians, or
9ministers.
10(7) Religious practices, affiliations, or beliefs of the
11student or the student’s parent or guardian.
12(8) Income, except when required by law to determine
13eligibility for participation in a program or for receiving
14financial assistance under such a program.
15c. Any nonemergency, invasive physical examination or
16screening that is required as a condition of attendance,
17administered by the school and is scheduled in advance, and
18that is not necessary to protect the immediate health and
19safety of the student or other students.
204. The rights guaranteed to parents and guardians by this
21section are not a comprehensive list of the rights reserved
22to parents or guardians of a minor child. The enumeration of
23the rights contained in this section shall not be construed to
24limit the rights reserved to parents or guardians of a minor
25child.
265. The school district shall publish a copy of this section
27in the student handbook and on the school district’s internet
28site.
296. For purposes of this section, unless the context
30otherwise requires:
31a. “Material” means the same as defined in section 728.1.
32b. “Minor child” means an individual under eighteen years
33of age.
34c. “Sexually explicit material” means any material that
35meets all of the following criteria:
-4- 1(1) Taken as a whole with respect to minor children, the
2material appeals to the prurient interest in nudity, sex, or
3excretion.
4(2) The material depicts, describes, or represents, in a
5patently offensive way with respect to what is suitable for
6minor children, a sex act or lewd exhibition of the genitals.
7For purposes of this subparagraph, “lewd exhibition of the
8genitals” includes any material depicting genitalia in which
9the place or pose of the person in the depiction is sexually
10suggestive, any visual depiction that suggests sexual coyness
11or a willingness to engage in sexual activity, or any visual
12depiction that is intended or designed to elicit a sexual
13response from the viewer.
14(3) Taken as a whole, the material lacks serious literary,
15artistic, political, or scientific value as to minors. For
16purposes of this subparagraph, material lacks serious literary,
17artistic, political, or scientific value as to minor children
18if the material contains material described in subparagraphs
19(1) and (2) when substantially similar material is readily
20available to minor children that does not contain material
21described in subparagraphs (1) and (2) but that conveys a
22substantially similar message or viewpoint.
23d. “Visual depiction” includes any picture, slide,
24photograph, digital or electronic image, negative image,
25undeveloped film, motion picture, videotape, digital or
26electronic recording, live transmission, or any other pictorial
27or three-dimensional representation.
28DIVISION II
29STUDENT FIRST SCHOLARSHIP PROGRAM
30 Sec. 4. Section 256.9, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 65. Adopt rules relating to the
33administration of and applications for the student first
34scholarship program pursuant to section 257.11B, including but
35not limited to application processing timelines and information
-5-1required to be submitted by a parent or guardian.
2 Sec. 5. Section 257.11, subsection 5, Code 2022, is amended
3to read as follows:
45. Shared operational functions — increased student
5opportunities — budget years beginning in 2014 through 2024
6 2034.
7a. (1) In order to provide additional funding to increase
8student opportunities and redirect more resources to student
9programming for school districts that share operational
10functions, a district that shares with a political subdivision
11one or more operational functions of a curriculum director,
12master social worker, independent social worker, work-based
13learning coordinator, special education director, mental health
14professional who holds a statement of recognition issued by the
15board of educational examiners, a school resource officer, or
16school counselor, or one or more operational functions in the
17areas of superintendent management, business management, human
18resources, transportation, or operation and maintenance for at
19least twenty percent of the school year shall be assigned a
20supplementary weighting for each shared operational function.
21A school district that shares an operational function in
22the area of superintendent management shall be assigned a
23supplementary weighting of eight pupils for the function. A
24school district that shares an operational function in the area
25of business management, human resources, transportation, or
26operation and maintenance shall be assigned a supplementary
27weighting of five pupils for the function. A school district
28that shares the operational functions of a curriculum director;
29a master social worker or an independent social worker licensed
30under chapters 147 and 154C; a work-based learning coordinator;
31a special education director; a mental health professional
32who holds a statement of recognition issued by the board
33of educational examiners; a school resource officer; or a
34school counselor shall be assigned a supplementary weighting
35of three pupils for the function. The additional weighting
-6-1shall be assigned for each discrete operational function
2shared. However, a school district may receive the additional
3weighting under this subsection for sharing the services of an
4individual with a political subdivision even if the type of
5operational function performed by the individual for the school
6district and the type of operational function performed by
7the individual for the political subdivision are not the same
8operational function, so long as both operational functions are
9eligible for weighting under this subsection. In such case,
10the school district shall be assigned the additional weighting
11for the type of operational function that the individual
12performs for the school district, and the school district
13shall not receive additional weighting for any other function
14performed by the individual. The operational function sharing
15arrangement does not need to be a newly implemented sharing
16arrangement to receive supplementary weighting under this
17subsection.
18(2) For the purposes of this paragraph “a”:
19(a) “Political subdivision” means a city, township, county,
20school corporation, merged area, area education agency,
21institution governed by the state board of regents, or any
22other governmental subdivision.
23(b) “School resource officer” means the same as defined in
2434 U.S.C.§10389.
25(b) (c) “Work-based learning coordinator” means an
26appropriately trained individual responsible for facilitating
27authentic, engaging work-based learning experiences for
28learners and educators in partnership with employers and others
29to enhance learning by connecting the content and skills that
30are necessary for future careers.
31b. (1) Notwithstanding paragraph “a”, subparagraph (1),
32each operational function assigned a supplementary weighting
33of five pupils under paragraph “a”, subparagraph (1), shall
34instead be assigned a supplementary weighting of four pupils
35for the school budget years beginning July 1, 2022, July 1,
-7-12023, and July 1, 2024 through July 1, 2034.
2(2) Notwithstanding paragraph “a”, subparagraph (1), each
3operational function assigned a supplementary weighting of
4three pupils under paragraph “a”, subparagraph (1), shall
5instead be assigned a supplementary weighting of two pupils for
6the school budget years beginning July 1, 2022, July 1, 2023,
7and July 1, 2024 through July 1, 2034.
8c. School districts that share operational functions with
9other school districts are not required to be contiguous school
10districts. If two or more districts sharing operational
11functions are not contiguous to each other, the districts
12separating those districts are not required to be a party to
13the operational functions sharing arrangement.
14d. Supplementary weighting pursuant to this subsection
15shall be available to a school district during the period
16commencing with the budget year beginning July 1, 2014,
17through the budget year beginning July 1, 2024 2034. The
18maximum amount of additional weighting for which a school
19district shall be eligible in a budget year is twenty-one
20additional pupils; provided, however, that the maximum amount
21of additional weighting for which a school district shall be
22eligible in a budget year may be increased to up to twenty-four
23additional pupils if approved pursuant to section 257.16E.
24Criteria for determining the qualification of operational
25functions for supplementary weighting shall be determined by
26the department by rule, through consideration of increased
27student opportunities.
28e. Supplementary weighting pursuant to this subsection shall
29be available to an area education agency during the period
30commencing with the budget year beginning July 1, 2014, through
31the budget year beginning July 1, 2024 2034. The minimum
32amount of additional funding for which an area education
33agency shall be eligible in a budget year is thirty thousand
34dollars, and the maximum amount of additional funding for which
35an area education agency shall be eligible is two hundred
-8-1thousand dollars. The department of management shall annually
2set a weighting for each area education agency to generate
3the approved operational sharing expense using the area
4education agency’s special education cost per pupil amount and
5foundation level. Criteria for determining the qualification
6of operational functions for supplementary weighting shall be
7determined by the department by rule, through consideration of
8increased student opportunities.
9f. This subsection is repealed effective July 1, 2025 2035.
10 Sec. 6. NEW SECTION. 257.11B Student first scholarship
11program.
121. a. For the school budget year beginning July 1, 2022,
13and each succeeding school budget year, the following resident
14pupils shall be eligible to receive a student first scholarship
15in the manner provided in this section:
16(1) A pupil whose household has an annual income which
17is less than or equal to four hundred percent of the most
18recently revised poverty income guidelines published by the
19United States department of health and human services. The
20total number of student first scholarships the department of
21education approves for pupils pursuant to this subparagraph
22shall not exceed five thousand in a school year. However, if
23the number of student first scholarships received by pupils
24pursuant to subparagraph (2) is less than the number of student
25first scholarships reserved for pupils under subparagraph (2),
26the department of education may approve the difference for
27pupils pursuant to this subparagraph for the same school year.
28(2) A pupil who has an individualized education program.
29The total number of student first scholarships the department
30of education approves for pupils pursuant to this subparagraph
31shall not exceed five thousand in a school year. However, if
32the number of student first scholarships received by pupils
33pursuant to subparagraph (1) is less than the number of student
34first scholarships reserved for pupils under subparagraph (1),
35the department of education may approve the difference for
-9-1pupils pursuant to this subparagraph for the same school year.
2(3) A pupil who received a student first scholarship
3for the immediately preceding school budget year, who is
4eligible to enroll in grade one through grade twelve, who meets
5the requirements of subparagraph (1) or (2) and who is not
6otherwise ineligible under this section.
7b. Student first scholarships shall be made available to
8parents and guardians in the manner authorized under subsection
94, paragraph “c”, for the payment of qualified educational
10expenses as provided in this section.
11c. No more than ten thousand student first scholarships
12shall be made available each school year.
13d. For purposes of this subsection, “resident” means the
14same as defined in section 282.1, subsection 2.
152. a. By January 1 preceding the school year for which the
16student first scholarship is requested, all of the following
17individuals may request a student first scholarship by
18submitting an application to the department of education, on
19application forms developed by the department of education,
20indicating the individual intends to enroll the pupil in a
21nonpublic school for the entirety of the school year:
22(1) The parent or guardian of a pupil currently enrolled
23in a school district who has been enrolled in that school
24district for the equivalent of at least two semesters
25immediately preceding the school year for which the student
26first scholarship is requested.
27(2) The parent or guardian of a pupil who is eligible to
28enroll in a school district for kindergarten in the next school
29year.
30(3) The parent or guardian of pupil enrolled in a nonpublic
31school who received a student first scholarship in the current
32school year.
33b. By February 1 preceding the school year for which the
34student first scholarship is requested, the department of
35education shall determine the number of pupils in each school
-10-1district approved to receive a scholarship for the following
2school year and shall notify the parent or guardian of each
3pupil approved for the following school year to receive a
4scholarship and the amount of the scholarship for the pupil.
5The department of education shall approve pupils who received
6a student first scholarship for the immediately preceding
7school budget year who are eligible to enroll in grade one
8through grade twelve, who meet the requirements of subsection
91, paragraph “a”, subparagraph (1) or (2), and who are not
10otherwise ineligible under this section. The department
11of education shall approve the remaining pupils who did
12not receive a student first scholarship for the immediately
13preceding school budget year, subject to the limitation in
14subsection 1, paragraph “c”, on a first-come, first-served
15basis based on the date the parent or guardian submitted the
16application pursuant to paragraph “a”.
17c. Student first scholarships shall only be approved for
18one school year and applications must be submitted annually for
19student first scholarships in subsequent school years.
203. The department of education shall assign each pupil a
21student first scholarship in an amount equal to the sum of all
22the following for the same school budget year:
23a. The product of the pupil’s weighted enrollment that
24would otherwise be assigned to the pupil under this chapter if
25the pupil was enrolled in the pupil’s district of residence
26multiplied by the difference between eighty-eight and
27four-tenths percent of the regular program state cost per pupil
28and the statewide average foundation property tax per pupil.
29b. The total teacher salary supplement district cost per
30pupil for the pupil’s district of residence.
31c. The total professional development supplement district
32cost per pupil for the pupil’s district of residence.
33d. The total early intervention supplement district cost per
34pupil for the pupil’s district of residence.
35e. The total area education agency teacher salary supplement
-11-1district cost per pupil for the pupil’s district of residence.
2f. The total area education agency professional development
3supplement district cost per pupil for the pupil’s district of
4residence.
5g. The total teacher leadership supplement district cost per
6pupil for the pupil’s district of residence.
74. A student first scholarship fund is created in the
8state treasury under the control of the department of
9education consisting of moneys appropriated to the department
10of education for the purpose of providing student first
11scholarships under this section. For the fiscal year
12commencing July 1, 2022, and each succeeding fiscal year, there
13is appropriated from the general fund of the state to the
14department of education to be credited to the fund the amount
15necessary to pay all student first scholarships approved for
16that fiscal year. The director of the department of education
17has all powers necessary to carry out and effectuate the
18purposes, objectives, and provisions of this section pertaining
19to the fund, including the power to do all of the following:
20a. Make and enter into contracts necessary for the
21administration of the fund.
22b. Procure insurance against any loss in connection with the
23assets of the fund or require a surety bond.
24c. Contract with a private financial management firm to
25manage the fund, in collaboration with the treasurer of state,
26including providing for the disbursement of student first
27scholarships in the form of an electronic debit card or checks
28that are payable directly from the pupil’s account within the
29fund.
30d. Conduct audits or other reviews necessary to properly
31administer the program.
32e. Adopt rules for the administration of the fund and
33accounts within the fund.
345. a. For each pupil approved for a student first
35scholarship, the nonpublic school shall certify the pupil’s
-12-1enrollment and the department of education shall establish an
2account for that pupil in the student first scholarship fund.
3The amount of the pupil’s student first scholarship shall be
4deposited into the pupil’s account on July 1, and such amount
5shall be immediately available for the payment of qualified
6educational expenses incurred by the parent or guardian for
7the pupil during that fiscal year using the payment method
8authorized under subsection 4, paragraph “c”.
9b. A nonpublic school that accepts payment from a parent
10or guardian using funds from a pupil’s account in the student
11first scholarship fund shall not refund, rebate, or share any
12portion of such payment with the parent, guardian, or pupil.
13c. Moneys remaining in a pupil’s account upon conclusion
14of the fiscal year shall remain in the pupil’s account in the
15student first scholarship fund for the payment of qualified
16educational expenses in future fiscal years during which the
17pupil participates in the program until the pupil becomes
18ineligible under the program or until the remaining amounts are
19transferred to the state general fund under subsection 8.
206. a. For purposes of this section, “qualified educational
21expenses” includes tuition and fees at a nonpublic school,
22textbooks, fees or payments for educational therapies,
23including tutoring or cognitive skills training, curriculum
24fees, software, and materials for a course of study for a
25specific subject matter or grade level, tuition or fees for
26nonpublic online education programs, tuition for vocational and
27life skills education approved by the department of education,
28education materials and services for pupils with disabilities,
29including the cost of paraprofessionals and assistants who are
30trained in accordance with state law, standardized test fees,
31advanced placement examinations or examinations related to
32postsecondary education admission or credentialing, qualified
33education expenses, as defined in section 12D.1, excluding
34room and board expenses, and other expenses incurred by the
35parent or guardian that are directly related to the education
-13-1of the pupil at a nonpublic school, including a nonpublic
2school accredited by an independent accrediting agency approved
3by the department of education. The cost of one computer or
4other portable computing device shall be allowed as a qualified
5educational expense for a pupil if the computer or portable
6computing device is used primarily for the education of the
7pupil and if such a purchase has not been made using funds from
8that pupil’s account in any of the three immediately preceding
9fiscal years.
10b. “Qualified educational expenses” does not include
11transportation costs for the pupil, the cost of food or
12refreshments consumed by the pupil, the cost of clothing for
13the pupil, or the cost of disposable materials, including
14but not limited to paper, notebooks, pencils, pens, and art
15supplies.
167. a. A person who makes a false claim for the purpose
17of obtaining a student first scholarship provided for in this
18section or who knowingly receives the scholarship or makes a
19payment from an account within the student first scholarship
20fund without being legally entitled to do so is guilty of a
21fraudulent practice under chapter 714. The false claim for a
22student first scholarship or a payment from an account shall
23be disallowed. The department of education shall also close
24the pupil’s account in the student first scholarship fund and
25transfer any remaining moneys in the account for deposit in the
26general fund of the state. If the improperly obtained amounts
27from the scholarship have been disbursed from the applicable
28account in the student first scholarship fund, the department
29of education shall recover such amounts from the parent or
30guardian, including by initiating legal proceedings to recover
31such amounts, if necessary. A parent or guardian who commits
32a fraudulent practice under this section is prohibited from
33participating in the student first scholarship program in the
34future.
35b. If, prior to the end of the required attendance
-14-1period of the school year, a pupil who receives a student
2first scholarship withdraws from enrollment in the nonpublic
3school or is expelled, the nonpublic school shall notify the
4department of education in writing of the pupil’s withdrawal
5or expulsion, and the pupil’s parent or guardian shall notify
6the department of education of the pupil’s withdrawal or
7expulsion from the nonpublic school. A pupil’s expulsion
8from the nonpublic school prior to the end of the required
9attendance period for the school year shall invalidate the
10pupil’s eligibility for the student first scholarship for the
11school budget year. A pupil’s withdrawal from a nonpublic
12school prior to the end of the required attendance period of
13the school year shall invalidate the pupil’s eligibility for
14the student first scholarship for the school budget year unless
15the withdrawal is the result of a change in residence of the
16pupil and the pupil, following written notice by the parent
17or guardian and certification by the new nonpublic school to
18the department of education, enrolls in a different nonpublic
19school in this state for the remainder of the school year.
20c. (1) Upon receipt of a notice of expulsion under
21paragraph “b”, the department of education shall close the
22pupil’s account in the student first scholarship fund and
23transfer any remaining moneys in the account for deposit in
24the general fund of the state. In addition, if amounts from
25the scholarship for the school budget year during which the
26pupil is expelled have been disbursed from the expelled pupil’s
27account in the student first scholarship fund, the department
28of education shall recover such amounts from the parent or
29guardian, including by initiating legal proceedings to recover
30such amounts, if necessary.
31(2) Upon receipt of a notice of withdrawal under paragraph
32“b” and a determination that the pupil’s withdrawal was
33not the result of a change in residence, the department of
34education shall cease disbursements of remaining moneys in
35the pupil’s account in the student first scholarship fund,
-15-1close the pupil’s account, and transfer any moneys remaining
2in the pupil’s account for deposit in the general fund of
3the state. In addition, if amounts from the scholarship for
4the school budget year during which the withdrawal occurs
5have been disbursed from the pupil’s account in the student
6first scholarship fund, the department of education shall
7recover such amounts from the parent or guardian to the extent
8the amount disbursed exceeds the amount of the scholarship
9proportionate to the remaining portion of the school year
10following the withdrawal, including by initiating legal
11proceedings to recover such amounts, if necessary.
12(3) Upon receipt of a notice of withdrawal under paragraph
13“b” and a determination that the withdrawal was the result of
14a change in residence but that the pupil did not enroll in
15a different nonpublic school in this state for the remainder
16of the school year, the department of education shall cease
17disbursements of remaining moneys in the pupil’s account in
18the student first scholarship fund, close the pupil’s account,
19and transfer any moneys remaining in the pupil’s account for
20deposit in the general fund of the state.
21(4) If a pupil’s eligibility is invalidated under the
22provisions of paragraph “b”, the pupil shall be ineligible for a
23student first scholarship for the following school budget year
24under subsection 1, paragraph “a”, subparagraphs (2) and (3).
258. Moneys remaining in a pupil’s account when the pupil
26graduates from high school or turns twenty-one years of age,
27whichever occurs first, shall be transferred by the department
28of education for deposit in the general fund of the state.
299. a. A parent may appeal to the state board of education
30any administrative decision the department of education
31makes pursuant to this section, including but not limited
32to determinations of eligibility, allowable expenses, and
33removal from the program. The department shall notify the
34parent or guardian in writing of the appeal process at the same
35time the department notifies the parent or guardian of the
-16-1administrative decision. The state board of education shall
2establish the appeals process consistent with chapter 17A and
3shall post such appeal process information on the state board
4of education’s internet site.
5b. The state board of education shall refer cases of
6substantial misuse of student first scholarship funds to the
7attorney general for the purpose of collection or for the
8purpose of a criminal investigation if the state board of
9education obtains evidence of fraudulent use of an account.
1010. a. This section shall not be construed to authorize
11the state or any political subdivision of the state to exercise
12authority over any nonpublic school or construed to require a
13nonpublic school to modify its academic standards for admission
14or educational program in order to receive payment from a
15parent or guardian using funds from a pupil’s account in the
16student first scholarship fund.
17b. This section shall not be construed to expand the
18authority of the state or any political subdivision of the
19state to impose regulations upon any nonpublic school that are
20not necessary to implement this section.
21c. A nonpublic school that accepts payment from a parent
22or guardian using funds from a pupil’s account in the student
23first scholarship fund is not an agent of this state or of a
24political subdivision of this state.
25d. Rules adopted by the department of education to implement
26this section that impose an undue burden on a nonpublic school
27are invalid.
28e. A nonpublic school that accepts payment from a parent
29or guardian using funds from a pupil’s account in the student
30first scholarship fund shall be given the maximum freedom
31possible to provide for the educational needs of the school’s
32students, consistent with state and federal law.
33 Sec. 7. NEW SECTION. 257.16E Student first operational
34sharing fund.
351. A student first operational sharing fund is created as
-17-1a separate and distinct fund in the state treasury under the
2control of the department of management. Moneys in the fund
3include revenues credited to the fund, appropriations made to
4the fund, and other moneys deposited into the fund.
52. a. For each fiscal year beginning on or after July 1,
62023, there is appropriated annually from the general fund of
7the state to the department of management for deposit in the
8student first operational sharing fund an amount equal to the
9product of the number of student first scholarships approved
10under section 257.11B for the base year multiplied by the sum
11of the statewide average foundation property tax per pupil plus
12the difference between the amount determined under section
13257.16B, subsection 2, paragraph “c”, subparagraph (2), and
14the amount determined under section 257.16B, subsection 2,
15paragraph “c”, subparagraph (1).
16b. The moneys available in a fiscal year in the student
17first operational sharing fund shall be used to increase the
18maximum amount of additional weighting established pursuant to
19section 257.11, subsection 5, paragraph “d”, from twenty-one
20additional pupils up to twenty-four additional pupils if the
21school district requests the additional weighting from the
22school budget review committee, and the school budget review
23committee approves the additional weighting after examining
24the need for the position requested. If the moneys in the
25student first operational sharing fund are insufficient to make
26the payments required by section 257.11, subsection 5, the
27remainder shall be paid as foundation aid pursuant to section
28257.16.
293. Payments to school districts under this section shall
30be paid at the same time and in the same manner as foundation
31aid is paid under section 257.16, and may be included in the
32monthly payment of state aid under section 257.16, subsection
332.
344. Notwithstanding section 8.33, any moneys remaining
35in the student first operational sharing fund at the end of
-18-1a fiscal year shall not revert to any other fund but shall
2remain in the student first operational sharing fund for use as
3provided in this section for the following fiscal year.
4 Sec. 8. Section 257.31, subsection 16, Code 2022, is amended
5to read as follows:
616. The committee shall perform the duties assigned to it
7under sections 257.16E, 257.32, 257.40, and 260C.18B.
8 Sec. 9. Section 422.7, Code 2022, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 51. Subtract, to the extent included, the
11amount of a student first scholarship under section 257.11B
12received by the taxpayer for payment of qualified educational
13expenses.
14 Sec. 10. STUDENT FIRST SCHOLARSHIP PROGRAM APPLICATIONS FOR
15THE SCHOOL YEAR BEGINNING JULY 1, 2022.
161. Notwithstanding the deadline in section 257.11B,
17subsection 2, paragraph “a”, as enacted in this division of
18this Act, by May 1 preceding the school year beginning July
191, 2022, the parent or guardian of a pupil who is enrolled in
20a school district or who is eligible to enroll in a school
21district for kindergarten in the next school year, and who is
22requesting a student first scholarship for the school year
23beginning July 1, 2022, may request a student first scholarship
24by submitting an application to the department of education,
25on application forms developed by the department of education,
26indicating that the parent or guardian intends to enroll the
27pupil in a nonpublic school for the entirety of the school year
28beginning July 1, 2022.
292. Notwithstanding the deadline in section 257.11B,
30subsection 2, paragraph “b”, as enacted in this division of
31this Act, by June 1 preceding the school year beginning July
321, 2022, the department of education shall determine the
33number of pupils in each school district approved to receive
34a scholarship for the following school year and shall notify
35the parent or guardian of each pupil approved for the following
-19-1school year to receive a scholarship and the amount of the
2scholarship for the pupil.
3 Sec. 11. EMERGENCY RULES. The department of education
4may adopt emergency rules under section 17A.4, subsection 3,
5and section 17A.5, subsection 2, paragraph “b”, to implement
6the provisions of the section of this division of this Act
7enacting section 256.9, subsection 65, and section 257.11B, and
8the rules shall be effective immediately upon filing unless
9a later date is specified in the rules. Any rules adopted
10in accordance with this section shall also be published as a
11notice of intended action as provided in section 17A.4.
12 Sec. 12. EFFECTIVE DATE. The following, being deemed of
13immediate importance, take effect upon enactment:
141. The section of this division of this Act enacting section
15256.9, subsection 65.
162. The section of this division of this Act enacting section
17257.11B.
183. The section of this division of this Act establishing
19deadlines for the applications for the student first
20scholarship program for the school year beginning July 1, 2022.
214. The section of this division of this Act authorizing the
22department of education to engage in emergency rulemaking.
23 Sec. 13. APPLICABILITY. The following applies to school
24budget years and fiscal years beginning on or after July 1,
252022:
26The section of this division of this Act enacting section
27257.11B.
28 Sec. 14. APPLICABILITY. The following applies to school
29budget years and fiscal years beginning on or after July 1,
302023:
31The section of this division of this Act enacting section
32257.16E.
33 Sec. 15. RETROACTIVE APPLICABILITY. The following applies
34retroactively to tax years beginning on or after January 1,
352022:
-20- 1The section of this division of this Act enacting section
2422.7, subsection 51.
3DIVISION III
4SOCIAL STUDIES INSTRUCTION
5 Sec. 16. Section 256.11, subsection 5, paragraph b, Code
62022, is amended to read as follows:
7b. (1) Five units of the social studies including
8instruction in voting statutes and procedures, voter
9registration requirements, the use of paper ballots and voting
10systems in the election process, and the method of acquiring
11and casting an absentee ballot. All students shall complete a
12minimum of one-half unit of United States government and one
13unit of United States history.
14(2) The one-half unit of United States government shall
15include the all of the following:
16(a) Thevoting procedure as described in this lettered
17paragraph and section 280.9A. The government instruction shall
18also include a
19(b) Astudy of the Constitution of the United States and the
20Bill of Rights contained in the Constitution and an assessment
21of a student’s knowledge of the Constitution and the Bill of
22Rights.
23(c) (i) An assessment of the student’s knowledge of
24United States government and civics that includes the nature,
25purpose, structure, function, and history of the United States
26government, the rights and responsibilities of citizens of
27the United States, and important United States government and
28civic leaders. The most recent version of the civics test
29developed by the United States citizenship and immigration
30services shall be used as the assessment required by this
31subparagraph division. On or before June 30 of each year, each
32school district and nonpublic school shall submit the results
33of the assessment required by this subparagraph division to the
34department.
35(ii) A student shall answer at least seventy percent of the
-21-1questions on the civics test developed by the United States
2citizenship and immigration services correctly as a condition
3of graduation. A student who fails to answer at least seventy
4percent of the questions on the civics test correctly may
5retake the civics test as many times as necessary.
6DIVISION IV
7PRIVATE INSTRUCTION — SPECIAL EDUCATION
8 Sec. 17. Section 299A.9, subsection 1, Code 2022, is amended
9to read as follows:
101. A child of compulsory attendance age who is identified
11as requiring special education under chapter 256B is eligible
12for placement under competent private instruction with prior
13approval of the placement by the director of special education
14of the area education agency of the child’s district of
15residence.
16 Sec. 18. Section 299A.9, Code 2022, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
19of a child who is identified as requiring special education
20may request dual enrollment pursuant to section 299A.8. The
21appropriate special education services for the child shall be
22determined pursuant to chapter 256B and rules adopted pursuant
23to chapter 256B.
24DIVISION V
25OPEN ENROLLMENT
26 Sec. 19. Section 282.18, subsection 5, Code 2022, is amended
27to read as follows:
285. a. Open enrollment applications filed after March 1
29of the preceding school year that do not qualify for good
30cause as provided in subsection 4 shall be subject to the
31approval of the board of the resident district and the board
32of the receiving district. The parent or guardian shall send
33notification to the district of residence and the receiving
34district that the parent or guardian seeks to enroll the
35parent’s or guardian’s child in the receiving district.
-22- 1b. A decision of either board to deny an application filed
2under this subsection involving repeated acts of harassment
3of the student that the resident district cannot adequately
4address, a consistent failure of the resident district to
5reasonably respond to a student’s failure to meet basic
6academic standards after notice provided by a parent or
7guardian, or a serious health condition of the student that
8the resident district cannot adequately address is subject to
9appeal under section 290.1. A decision of either board to
10deny an application filed under this subsection related to the
11sibling or stepsibling of a student described in this paragraph
12is also subject to appeal under section 290.1.
13c. The state board shall adopt by rule the criteria
14for determining a resident district’s consistent failure
15to reasonably respond to a student’s failure to meet basic
16academic standards and shall exercise broad discretion to
17achieve just and equitable results that are in the best
18interest of the affected child or children.
19 Sec. 20. Section 282.18, subsection 11, paragraph a, Code
202022, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (08) If the pupil participates in
22open enrollment because the pupil’s sibling or stepsibling
23participates in open enrollment as a result of the sibling
24or stepsibling’s appeal under section 282.18, subsection 5,
25paragraph “b”.
26DIVISION VI
27PRACTITIONER PREPARATION PROGRAMS
28 Sec. 21. Section 256.7, subsection 3, paragraph b, Code
292022, is amended to read as follows:
30b. Procedures provided for approval of programs shall
31include procedures for enforcement of the prescribed standards
32and, except as provided in section 256.16, subsection 3, shall
33not include a procedure for the waiving of any of the standards
34prescribed.
35 Sec. 22. Section 256.16, subsection 1, paragraph a, Code
-23-12022, is amended by striking the paragraph.
2 Sec. 23. Section 256.16, subsection 1, paragraph d, Code
32022, is amended to read as follows:
4d. Require that each student admitted to an approved
5practitioner preparation program participate in pre-student
6teaching field experiences that include both observation and
7participation in teaching activities in a variety of school
8settings. These Pre-student teaching field experiences for
9students participating in an initial teacher preparation
10program shall comprise a total of at least fifty eighty
11 hours in duration, at least ten hours of which shall occur
12prior to a student’s acceptance in an approved practitioner
13preparation program. Pre-student teaching field experiences
14for students participating in a teacher intern preparation
15program shall comprise a total of at least fifty hours in
16duration. The student teaching experience shall be a minimum
17of fourteen weeks in duration during the student’s final year
18of the practitioner preparation program. The program shall
19make every reasonable effort to offer the student teaching
20experience prior to a student’s last semester, or equivalent,
21in the program, and to expand the student’s student teaching
22opportunities beyond one semester or the equivalent.
23 Sec. 24. Section 256.16, subsection 2, Code 2022, is amended
24to read as follows:
252. A person initially applying for a license shall
26successfully complete a practitioner preparation program
27approved under section 256.7, subsection 3, and containing the
28subject matter specified in this section, before the initial
29action by the board of educational examiners under chapter
30272 takes place. However, this subsection shall not apply to
31a person who meets the requirements for an initial one-year
32license in accordance with subsection 3.
33 Sec. 25. Section 256.16, subsection 3, Code 2022, is amended
34by striking the subsection.
35 Sec. 26. Section 272.2, subsection 14, paragraph b,
-24-1subparagraph (5), Code 2022, is amended to read as follows:
2(5) The applicant fails to meet board standards for
3application for an initial or renewed license. However, this
4subparagraph shall not apply to a person who applies for an
5initial one-year license and submits to the board a waiver
6issued by the director of the department of education in
7accordance with section 256.16, subsection 3.
8 Sec. 27. Section 272.2, subsection 22, Code 2022, is amended
9by striking the subsection.
10 Sec. 28. HIGHER EDUCATION INSTITUTIONS — NOTICE TO
11FORMER STUDENTS. All higher education institutions providing
12practitioner preparation shall notify students who failed to
13achieve the minimum passing scores set by the department of
14education on the assessments administered under section 256.16,
15subsection 1, paragraph “a”, subparagraph (2), Code 2022,
16before the effective date of this division of this Act, of the
17changes related to the completion of a practitioner preparation
18program provided by this division of this Act, including the
19student’s ability to apply for an initial license from the
20board of educational examiners if the student completed all
21other requirements of a practitioner preparation program
22approved under section 256.7, subsection 3.
23 Sec. 29. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25 Sec. 30. APPLICABILITY. This division of this Act applies
26to students who attended or are attending practitioner
27preparation programs before, on, or after the effective date
28of this division of this Act.
29DIVISION VII
30INCIDENTS RELATED TO LICENSED PRACTITIONERS
31 Sec. 31. Section 232.69, subsection 1, unnumbered paragraph
321, Code 2022, is amended to read as follows:
33The classes of persons enumerated in this subsection shall
34make a report within twenty-four hours and as provided in
35section 232.70, of cases of child abuse. In addition, the
-25-1classes of persons enumerated in this subsection shall make a
2report of abuse of a child who is under twelve years of age and
3may make a report of abuse of a child who is twelve years of age
4or older, which would be defined as child abuse under section
5232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
6except that the abuse resulted from the acts or omissions of
7a person other than a person responsible for the care of the
8child.
9 Sec. 32. Section 232.69, subsection 1, paragraph b,
10subparagraph (4), Code 2022, is amended to read as follows:
11(4) A licensed school employee, certified para-educator,
12holder of a coaching authorization issued under section 272.31,
13full-time school employee who is eighteen years of age or
14older, or an instructor employed by a community college.
15 Sec. 33. Section 232.70, subsection 6, Code 2022, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. 0f. If the person making the report is a
18licensed school employee who reasonably believes the person
19responsible for the injury is a licensed school employee, the
20identity of the licensed school employee the person making the
21report believes is responsible for the injury.
22 Sec. 34. Section 256.9, Code 2022, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 66. a. Develop and implement a process
25for the reporting and investigation of any incident that arises
26that may reasonably lead to the conclusion that an individual
27with a license, endorsement, certification, authorization, or
28statement of recognition issued by the board of educational
29examiners who is employed by the board of directors of a
30school district or the authorities in charge of an accredited
31nonpublic school has committed a felony or has engaged in
32conduct described in section 272.15, subsection 1, paragraph
33“a”, subparagraph (1), subparagraph divisions (a) through (d).
34b. The process shall prohibit the boards of directors of a
35school district and the authorities in charge of an accredited
-26-1nonpublic school from entering into any of the following:
2(1) A written or oral agreement that prohibits the board of
3directors of the school district or the authorities in charge
4of an accredited nonpublic school, an employee of the school
5district or the accredited nonpublic school, or a contractor
6of the school district or the accredited nonpublic school
7from discussing an incident, past performance or actions,
8past allegations leading to discipline or adverse employment
9action, or employee resignation with any governmental agent,
10governmental officer, or any potential employer.
11(2) A written or oral agreement that waives the liability
12of an individual with a license, endorsement, certification,
13authorization, or statement of recognition issued by the
14board of educational examiners related to or arising from an
15incident, past performance or action, or past allegations of
16wrongdoing.
17c. The board of directors of a school district or the
18authorities in charge of an accredited nonpublic school and
19contractors of the school district or the accredited nonpublic
20school shall be immune from any civil liability arising
21from discussing an incident, past performance or actions,
22past allegations leading to discipline or adverse employment
23action, or employee resignation with any governmental agent,
24governmental officer, or any potential employer.
25d. If the board of educational examiners finds that
26the board of directors of a school district or the
27authorities in charge of an accredited nonpublic school
28has intentionally failed to follow the process established
29by this subsection regarding an incident, or the reporting
30requirements established pursuant to section 272.15, the
31board of educational examiners shall assess a fine against
32an administrator of the school district or the accredited
33nonpublic school who failed to ensure compliance with the
34process of not less than five hundred dollars and not more than
35five thousand dollars. Payments of the fine provided in this
-27-1paragraph shall be remitted to the treasurer of the state for
2deposit in the general fund of the state.
3e. If the board of educational examiners finds that the
4board of directors of a school district or the authorities in
5charge of an accredited nonpublic school has intentionally
6concealed, or attempted to conceal from any governmental
7agent, governmental officer, or potential employer a founded
8incident, or any conduct required to be reported pursuant to
9section 272.15, the board of educational examiners shall assess
10a fine against an administrator of the school district or the
11accredited nonpublic school who assisted in the concealment, or
12attempted concealment, of an incident, or any conduct required
13to be reported pursuant to section 272.15, of not more than
14ten thousand dollars. Payments of the fine provided in this
15paragraph shall be remitted to the treasurer of the state for
16deposit in the general fund of the state.
17 Sec. 35. Section 256E.7, subsection 2, Code 2022, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0i. Be subject to and comply with the
20requirements of section 280.32 in the same manner as a school
21district.
22 Sec. 36. Section 272.2, subsection 14, paragraph b,
23subparagraph (1), unnumbered paragraph 1, Code 2022, is amended
24to read as follows:
25The person entered a plea of guilty to, or has been found
26guilty of, or the board has found by a preponderance of the
27evidence that the person committed, any of the following
28offenses, whether or not a sentence is imposed:
29 Sec. 37. Section 272.2, subsection 15, Code 2022, is amended
30to read as follows:
3115. a. Adopt rules that require specificity in written
32complaints that are filed by individuals who have personal
33knowledge of an alleged violation and which are accepted by
34the board, provide that the jurisdictional requirements as set
35by the board in administrative rule are met on the face of the
-28-1complaint before initiating an investigation of allegations,
2provide that any investigation be limited to the allegations
3contained on the face of the complaint, provide for an adequate
4interval between the receipt of a complaint and public notice
5of the complaint, permit parties to a complaint to mutually
6agree to a resolution of the complaint filed with the board,
7allow the respondent the right to review any investigative
8report upon a finding of probable cause for further action by
9the board, require that the conduct providing the basis for
10the complaint occurred within three years of discovery of the
11event by the complainant unless good cause can be shown for
12an extension of this limitation, and require complaints to be
13resolved within one hundred eighty days unless good cause can
14be shown for an extension of this limitation.
15b. Adopt rules that require the collection and retention of
16written complaints that are filed. If the board determines a
17written complaint is not founded, the complaint and all records
18related to the complaint shall be kept confidential and are not
19subject to chapter 22.
20c. Adopt rules that require the board to notify the public
21when a licensed practitioner who is the subject of an ongoing
22investigation initiated under paragraph “a” has a case pending
23with a finding of probable cause. This paragraph shall not be
24construed to require the board to disclose unfounded, closed
25investigations initiated under paragraph “a”.
26d. Adopt rules that require the evaluation of complaints
27that did not result in any discipline or sanction if similar
28complaints are filed against the same licensed practitioner.
29e. Adopt rules that require the board to investigate an
30administrator who is employed by the school that employs a
31licensed practitioner who is the subject of an investigation
32initiated under paragraph “a”. The rules shall require
33the board to investigate whether the administrator filed a
34written complaint pursuant to this subsection and whether the
35administrator was required to report to the board pursuant to
-29-1section 272.15.
2 Sec. 38. Section 279.69, Code 2022, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 1A. Prior to hiring an individual who
5has been issued a license, endorsement, certification,
6authorization, or statement of recognition by the board
7of educational examiners, a school district shall view the
8board of educational examiner’s public license information to
9determine if the individual has a case pending with a finding
10of probable cause or any licensure sanction. This subsection
11shall not be construed to require the board of educational
12examiners to disclose unfounded, closed investigations.
13 Sec. 39. NEW SECTION. 280.32 Incidents related to licensed
14practitioners — reporting and investigation.
15The board of directors of a school district and the
16authorities in charge of each accredited nonpublic school shall
17follow the process created by the department of education
18pursuant to section 256.9, subsection 66, related to the
19reporting and investigation of an incident involving the
20possible commission of a felony by any person who has been
21issued a license, endorsement, certification, authorization, or
22statement of recognition by the board of educational examiners.
23DIVISION VIII
24BOARD OF EDUCATIONAL EXAMINERS — RENEWAL CREDITS
25 Sec. 40. Section 272.2, subsection 1, paragraph c, Code
262022, is amended to read as follows:
27c. Rules adopted pursuant to this subsection establishing
28licensure renewal requirements shall provide that up to half
29of the units needed for licensure renewal may be earned upon
30the successful completion of an individualized professional
31development plan as verified by the supervising licensed
32evaluator, or by successful completion of professional
33development courses or programs offered by a professional
34development program licensed by the board, or by a practitioner
35preparation institution or area education agency approved by
-30-1the state board of education. The rules shall require that
2holders of a master educator teaching license, professional
3service license, or professional administrator license who are
4employed by a school district described in chapter 274, charter
5school, or accredited nonpublic school may earn all renewal
6credits, except for the evaluator training required by section
7284.10 and the mandatory reporter training required by section
8232.69, through professional development activities as verified
9by the supervising licensed evaluator.
jda/jh/mb
2first scholarship program, a student first operational
3sharing fund, and a process for investigating complaints
4against licensed practitioners, modifying provisions
5related to supplementary weighting, the rights of students
6enrolled in school districts or charter schools, the
7rights of parents and guardians of those students, social
8studies instruction, open enrollment, competent private
9instruction, special education, practitioner preparation
10programs, mandatory reporters, and the responsibilities
11of the department of education, school districts, charter
12schools, accredited nonpublic schools, and the board of
13educational examiners, and including notice, effective date,
14applicability, and retroactive applicability provisions.
15BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PARENT OR GUARDIAN BILL OF RIGHTS
3 Section 1. Section 256.11, subsection 10, paragraph a,
4subparagraph (1), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (0e) The requirements of
7section 279.76.
8 Sec. 2. Section 256E.7, subsection 2, Code 2022, is amended
9by adding the following new paragraph:
10 NEW PARAGRAPH. 0i. Be subject to and comply with the
11requirements of section 279.76 in the same manner as a school
12district.
13 Sec. 3. NEW SECTION. 279.76 Parent or guardian bill of
14rights.
151. Unless otherwise prohibited by state or federal law, the
16board of directors of a school district shall adopt policies to
17ensure that all of the following parental rights are reserved
18to the parent or guardian of a minor child without obstruction
19or interference from the school district in which the minor
20child is enrolled:
21a. The right to know what the school district in which
22the minor child is enrolled is teaching the minor child,
23including the textbooks, books, articles, outlines, handouts,
24presentations, videos, and any other similar materials the
25school district uses for student instruction. By July 1, 2025,
26the school district shall grant access through the internet to
27the curriculum used for student instruction of a minor child
28enrolled in the school district to the parent or guardian of
29the minor child.
30b. The right to access and review information related to
31who is teaching the minor child, including guest lecturers and
32outside presenters.
33c. The right to access and review information related to
34persons who contract with or otherwise receive moneys from the
35school district.
-1- 1d. The right to access the minor child while the minor child
2is in school that a reasonable person would deem necessary
3to ensure the health and safety of the minor child, unless
4otherwise prohibited by a court order.
5e. The right to access and review all school records
6relating to the minor child; provided, however, that the school
7district may prohibit access to and disclosure of school
8records if any of the following apply:
9(1) The school records are related to the minor child’s
10reporting of the parent’s or guardian’s violation of any law.
11(2) The school district determines based on actual threats
12to the health, safety, or welfare of a minor child, that
13providing access to or disclosing the school records may result
14in serious harm to the minor child.
15(3) Chapter 232, subchapter III, part 2, prohibits the
16school record from being disclosed.
17f. The right to access and review information related to the
18collection and transmission of information related to the minor
19child, including assessment information, documents created by
20the minor child, and teacher evaluations of the minor child.
21g. Subject to section 22.7, the right to access and
22review information necessary to ensure the accountability and
23transparency of the board of directors of the school district
24in which the minor child is enrolled.
25h. The right to access and review information related to the
26minor child’s safety while at school.
272. a. The school district shall not require any student
28to engage in any activity, including instruction, or any
29test, assessment, or other means of evaluation, that involves
30sexually explicit material without the express prior written
31consent of the student’s parent or guardian, which may be
32obtained by electronic means.
33b. The school district shall make every effort to prohibit
34a minor child from accessing sexually explicit material in the
35classroom on a device or through a computer network that is
-2-1owned or otherwise provided by the school district.
2c. (1) A school district that maintains in electronic form
3a catalog of library materials shall grant access through the
4internet or other suitable means to the catalog of library
5materials to the parent or guardian of any student enrolled in
6the school district. School districts that maintain a catalog
7of library materials in other than electronic form shall
8grant physical access to the catalog of library materials to
9the parent or guardian of any student enrolled in the school
10district at the school where the student attends class and at
11times that are convenient for the parent or guardian.
12(2) The parent or guardian of a minor child enrolled in
13the school district may provide notice to the school district
14indicating the materials that the minor child shall not be
15allowed to check out from a library operated by the school
16district, and the school district shall not allow the minor
17child to check out the materials described in the notice.
18(3) If a school district does not maintain in electronic
19form a catalog of library materials, the school district shall
20not allow a minor child to check out sexually explicit material
21from a library operated by the school district without the
22express prior written consent of the minor child’s parent or
23guardian, which may be obtained by electronic means.
243. The school district must receive the prior written
25consent of a student’s parent or guardian before requiring a
26student to take part in any of the following activities:
27a. An activity that involves the collection, disclosure,
28or use of personal information collected from students for the
29purpose of marketing or selling the information or providing
30the information to any other person for its marketing or sale.
31b. A survey, analysis, or evaluation that reveals
32information concerning any of the following:
33(1) The political affiliations or beliefs of the student or
34the student’s parent or guardian.
35(2) Mental or psychological problems of the student or the
-3-1student’s family.
2(3) Sex behavior or attitudes.
3(4) Illegal, antisocial, self-incriminating, or demeaning
4behavior.
5(5) Critical appraisals of other individuals with whom the
6student has close familial relationships.
7(6) Legally recognized privileged or analogous
8relationships, such as those of attorneys, physicians, or
9ministers.
10(7) Religious practices, affiliations, or beliefs of the
11student or the student’s parent or guardian.
12(8) Income, except when required by law to determine
13eligibility for participation in a program or for receiving
14financial assistance under such a program.
15c. Any nonemergency, invasive physical examination or
16screening that is required as a condition of attendance,
17administered by the school and is scheduled in advance, and
18that is not necessary to protect the immediate health and
19safety of the student or other students.
204. The rights guaranteed to parents and guardians by this
21section are not a comprehensive list of the rights reserved
22to parents or guardians of a minor child. The enumeration of
23the rights contained in this section shall not be construed to
24limit the rights reserved to parents or guardians of a minor
25child.
265. The school district shall publish a copy of this section
27in the student handbook and on the school district’s internet
28site.
296. For purposes of this section, unless the context
30otherwise requires:
31a. “Material” means the same as defined in section 728.1.
32b. “Minor child” means an individual under eighteen years
33of age.
34c. “Sexually explicit material” means any material that
35meets all of the following criteria:
-4- 1(1) Taken as a whole with respect to minor children, the
2material appeals to the prurient interest in nudity, sex, or
3excretion.
4(2) The material depicts, describes, or represents, in a
5patently offensive way with respect to what is suitable for
6minor children, a sex act or lewd exhibition of the genitals.
7For purposes of this subparagraph, “lewd exhibition of the
8genitals” includes any material depicting genitalia in which
9the place or pose of the person in the depiction is sexually
10suggestive, any visual depiction that suggests sexual coyness
11or a willingness to engage in sexual activity, or any visual
12depiction that is intended or designed to elicit a sexual
13response from the viewer.
14(3) Taken as a whole, the material lacks serious literary,
15artistic, political, or scientific value as to minors. For
16purposes of this subparagraph, material lacks serious literary,
17artistic, political, or scientific value as to minor children
18if the material contains material described in subparagraphs
19(1) and (2) when substantially similar material is readily
20available to minor children that does not contain material
21described in subparagraphs (1) and (2) but that conveys a
22substantially similar message or viewpoint.
23d. “Visual depiction” includes any picture, slide,
24photograph, digital or electronic image, negative image,
25undeveloped film, motion picture, videotape, digital or
26electronic recording, live transmission, or any other pictorial
27or three-dimensional representation.
28DIVISION II
29STUDENT FIRST SCHOLARSHIP PROGRAM
30 Sec. 4. Section 256.9, Code 2022, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 65. Adopt rules relating to the
33administration of and applications for the student first
34scholarship program pursuant to section 257.11B, including but
35not limited to application processing timelines and information
-5-1required to be submitted by a parent or guardian.
2 Sec. 5. Section 257.11, subsection 5, Code 2022, is amended
3to read as follows:
45. Shared operational functions — increased student
5opportunities — budget years beginning in 2014 through 2024
6 2034.
7a. (1) In order to provide additional funding to increase
8student opportunities and redirect more resources to student
9programming for school districts that share operational
10functions, a district that shares with a political subdivision
11one or more operational functions of a curriculum director,
12master social worker, independent social worker, work-based
13learning coordinator, special education director, mental health
14professional who holds a statement of recognition issued by the
15board of educational examiners, a school resource officer, or
16school counselor, or one or more operational functions in the
17areas of superintendent management, business management, human
18resources, transportation, or operation and maintenance for at
19least twenty percent of the school year shall be assigned a
20supplementary weighting for each shared operational function.
21A school district that shares an operational function in
22the area of superintendent management shall be assigned a
23supplementary weighting of eight pupils for the function. A
24school district that shares an operational function in the area
25of business management, human resources, transportation, or
26operation and maintenance shall be assigned a supplementary
27weighting of five pupils for the function. A school district
28that shares the operational functions of a curriculum director;
29a master social worker or an independent social worker licensed
30under chapters 147 and 154C; a work-based learning coordinator;
31a special education director; a mental health professional
32who holds a statement of recognition issued by the board
33of educational examiners; a school resource officer; or a
34school counselor shall be assigned a supplementary weighting
35of three pupils for the function. The additional weighting
-6-1shall be assigned for each discrete operational function
2shared. However, a school district may receive the additional
3weighting under this subsection for sharing the services of an
4individual with a political subdivision even if the type of
5operational function performed by the individual for the school
6district and the type of operational function performed by
7the individual for the political subdivision are not the same
8operational function, so long as both operational functions are
9eligible for weighting under this subsection. In such case,
10the school district shall be assigned the additional weighting
11for the type of operational function that the individual
12performs for the school district, and the school district
13shall not receive additional weighting for any other function
14performed by the individual. The operational function sharing
15arrangement does not need to be a newly implemented sharing
16arrangement to receive supplementary weighting under this
17subsection.
18(2) For the purposes of this paragraph “a”:
19(a) “Political subdivision” means a city, township, county,
20school corporation, merged area, area education agency,
21institution governed by the state board of regents, or any
22other governmental subdivision.
23(b) “School resource officer” means the same as defined in
2434 U.S.C.§10389.
25(b) (c) “Work-based learning coordinator” means an
26appropriately trained individual responsible for facilitating
27authentic, engaging work-based learning experiences for
28learners and educators in partnership with employers and others
29to enhance learning by connecting the content and skills that
30are necessary for future careers.
31b. (1) Notwithstanding paragraph “a”, subparagraph (1),
32each operational function assigned a supplementary weighting
33of five pupils under paragraph “a”, subparagraph (1), shall
34instead be assigned a supplementary weighting of four pupils
35for the school budget years beginning July 1, 2022, July 1,
-7-12023, and July 1, 2024 through July 1, 2034.
2(2) Notwithstanding paragraph “a”, subparagraph (1), each
3operational function assigned a supplementary weighting of
4three pupils under paragraph “a”, subparagraph (1), shall
5instead be assigned a supplementary weighting of two pupils for
6the school budget years beginning July 1, 2022, July 1, 2023,
7and July 1, 2024 through July 1, 2034.
8c. School districts that share operational functions with
9other school districts are not required to be contiguous school
10districts. If two or more districts sharing operational
11functions are not contiguous to each other, the districts
12separating those districts are not required to be a party to
13the operational functions sharing arrangement.
14d. Supplementary weighting pursuant to this subsection
15shall be available to a school district during the period
16commencing with the budget year beginning July 1, 2014,
17through the budget year beginning July 1, 2024 2034. The
18maximum amount of additional weighting for which a school
19district shall be eligible in a budget year is twenty-one
20additional pupils; provided, however, that the maximum amount
21of additional weighting for which a school district shall be
22eligible in a budget year may be increased to up to twenty-four
23additional pupils if approved pursuant to section 257.16E.
24Criteria for determining the qualification of operational
25functions for supplementary weighting shall be determined by
26the department by rule, through consideration of increased
27student opportunities.
28e. Supplementary weighting pursuant to this subsection shall
29be available to an area education agency during the period
30commencing with the budget year beginning July 1, 2014, through
31the budget year beginning July 1, 2024 2034. The minimum
32amount of additional funding for which an area education
33agency shall be eligible in a budget year is thirty thousand
34dollars, and the maximum amount of additional funding for which
35an area education agency shall be eligible is two hundred
-8-1thousand dollars. The department of management shall annually
2set a weighting for each area education agency to generate
3the approved operational sharing expense using the area
4education agency’s special education cost per pupil amount and
5foundation level. Criteria for determining the qualification
6of operational functions for supplementary weighting shall be
7determined by the department by rule, through consideration of
8increased student opportunities.
9f. This subsection is repealed effective July 1, 2025 2035.
10 Sec. 6. NEW SECTION. 257.11B Student first scholarship
11program.
121. a. For the school budget year beginning July 1, 2022,
13and each succeeding school budget year, the following resident
14pupils shall be eligible to receive a student first scholarship
15in the manner provided in this section:
16(1) A pupil whose household has an annual income which
17is less than or equal to four hundred percent of the most
18recently revised poverty income guidelines published by the
19United States department of health and human services. The
20total number of student first scholarships the department of
21education approves for pupils pursuant to this subparagraph
22shall not exceed five thousand in a school year. However, if
23the number of student first scholarships received by pupils
24pursuant to subparagraph (2) is less than the number of student
25first scholarships reserved for pupils under subparagraph (2),
26the department of education may approve the difference for
27pupils pursuant to this subparagraph for the same school year.
28(2) A pupil who has an individualized education program.
29The total number of student first scholarships the department
30of education approves for pupils pursuant to this subparagraph
31shall not exceed five thousand in a school year. However, if
32the number of student first scholarships received by pupils
33pursuant to subparagraph (1) is less than the number of student
34first scholarships reserved for pupils under subparagraph (1),
35the department of education may approve the difference for
-9-1pupils pursuant to this subparagraph for the same school year.
2(3) A pupil who received a student first scholarship
3for the immediately preceding school budget year, who is
4eligible to enroll in grade one through grade twelve, who meets
5the requirements of subparagraph (1) or (2) and who is not
6otherwise ineligible under this section.
7b. Student first scholarships shall be made available to
8parents and guardians in the manner authorized under subsection
94, paragraph “c”, for the payment of qualified educational
10expenses as provided in this section.
11c. No more than ten thousand student first scholarships
12shall be made available each school year.
13d. For purposes of this subsection, “resident” means the
14same as defined in section 282.1, subsection 2.
152. a. By January 1 preceding the school year for which the
16student first scholarship is requested, all of the following
17individuals may request a student first scholarship by
18submitting an application to the department of education, on
19application forms developed by the department of education,
20indicating the individual intends to enroll the pupil in a
21nonpublic school for the entirety of the school year:
22(1) The parent or guardian of a pupil currently enrolled
23in a school district who has been enrolled in that school
24district for the equivalent of at least two semesters
25immediately preceding the school year for which the student
26first scholarship is requested.
27(2) The parent or guardian of a pupil who is eligible to
28enroll in a school district for kindergarten in the next school
29year.
30(3) The parent or guardian of pupil enrolled in a nonpublic
31school who received a student first scholarship in the current
32school year.
33b. By February 1 preceding the school year for which the
34student first scholarship is requested, the department of
35education shall determine the number of pupils in each school
-10-1district approved to receive a scholarship for the following
2school year and shall notify the parent or guardian of each
3pupil approved for the following school year to receive a
4scholarship and the amount of the scholarship for the pupil.
5The department of education shall approve pupils who received
6a student first scholarship for the immediately preceding
7school budget year who are eligible to enroll in grade one
8through grade twelve, who meet the requirements of subsection
91, paragraph “a”, subparagraph (1) or (2), and who are not
10otherwise ineligible under this section. The department
11of education shall approve the remaining pupils who did
12not receive a student first scholarship for the immediately
13preceding school budget year, subject to the limitation in
14subsection 1, paragraph “c”, on a first-come, first-served
15basis based on the date the parent or guardian submitted the
16application pursuant to paragraph “a”.
17c. Student first scholarships shall only be approved for
18one school year and applications must be submitted annually for
19student first scholarships in subsequent school years.
203. The department of education shall assign each pupil a
21student first scholarship in an amount equal to the sum of all
22the following for the same school budget year:
23a. The product of the pupil’s weighted enrollment that
24would otherwise be assigned to the pupil under this chapter if
25the pupil was enrolled in the pupil’s district of residence
26multiplied by the difference between eighty-eight and
27four-tenths percent of the regular program state cost per pupil
28and the statewide average foundation property tax per pupil.
29b. The total teacher salary supplement district cost per
30pupil for the pupil’s district of residence.
31c. The total professional development supplement district
32cost per pupil for the pupil’s district of residence.
33d. The total early intervention supplement district cost per
34pupil for the pupil’s district of residence.
35e. The total area education agency teacher salary supplement
-11-1district cost per pupil for the pupil’s district of residence.
2f. The total area education agency professional development
3supplement district cost per pupil for the pupil’s district of
4residence.
5g. The total teacher leadership supplement district cost per
6pupil for the pupil’s district of residence.
74. A student first scholarship fund is created in the
8state treasury under the control of the department of
9education consisting of moneys appropriated to the department
10of education for the purpose of providing student first
11scholarships under this section. For the fiscal year
12commencing July 1, 2022, and each succeeding fiscal year, there
13is appropriated from the general fund of the state to the
14department of education to be credited to the fund the amount
15necessary to pay all student first scholarships approved for
16that fiscal year. The director of the department of education
17has all powers necessary to carry out and effectuate the
18purposes, objectives, and provisions of this section pertaining
19to the fund, including the power to do all of the following:
20a. Make and enter into contracts necessary for the
21administration of the fund.
22b. Procure insurance against any loss in connection with the
23assets of the fund or require a surety bond.
24c. Contract with a private financial management firm to
25manage the fund, in collaboration with the treasurer of state,
26including providing for the disbursement of student first
27scholarships in the form of an electronic debit card or checks
28that are payable directly from the pupil’s account within the
29fund.
30d. Conduct audits or other reviews necessary to properly
31administer the program.
32e. Adopt rules for the administration of the fund and
33accounts within the fund.
345. a. For each pupil approved for a student first
35scholarship, the nonpublic school shall certify the pupil’s
-12-1enrollment and the department of education shall establish an
2account for that pupil in the student first scholarship fund.
3The amount of the pupil’s student first scholarship shall be
4deposited into the pupil’s account on July 1, and such amount
5shall be immediately available for the payment of qualified
6educational expenses incurred by the parent or guardian for
7the pupil during that fiscal year using the payment method
8authorized under subsection 4, paragraph “c”.
9b. A nonpublic school that accepts payment from a parent
10or guardian using funds from a pupil’s account in the student
11first scholarship fund shall not refund, rebate, or share any
12portion of such payment with the parent, guardian, or pupil.
13c. Moneys remaining in a pupil’s account upon conclusion
14of the fiscal year shall remain in the pupil’s account in the
15student first scholarship fund for the payment of qualified
16educational expenses in future fiscal years during which the
17pupil participates in the program until the pupil becomes
18ineligible under the program or until the remaining amounts are
19transferred to the state general fund under subsection 8.
206. a. For purposes of this section, “qualified educational
21expenses” includes tuition and fees at a nonpublic school,
22textbooks, fees or payments for educational therapies,
23including tutoring or cognitive skills training, curriculum
24fees, software, and materials for a course of study for a
25specific subject matter or grade level, tuition or fees for
26nonpublic online education programs, tuition for vocational and
27life skills education approved by the department of education,
28education materials and services for pupils with disabilities,
29including the cost of paraprofessionals and assistants who are
30trained in accordance with state law, standardized test fees,
31advanced placement examinations or examinations related to
32postsecondary education admission or credentialing, qualified
33education expenses, as defined in section 12D.1, excluding
34room and board expenses, and other expenses incurred by the
35parent or guardian that are directly related to the education
-13-1of the pupil at a nonpublic school, including a nonpublic
2school accredited by an independent accrediting agency approved
3by the department of education. The cost of one computer or
4other portable computing device shall be allowed as a qualified
5educational expense for a pupil if the computer or portable
6computing device is used primarily for the education of the
7pupil and if such a purchase has not been made using funds from
8that pupil’s account in any of the three immediately preceding
9fiscal years.
10b. “Qualified educational expenses” does not include
11transportation costs for the pupil, the cost of food or
12refreshments consumed by the pupil, the cost of clothing for
13the pupil, or the cost of disposable materials, including
14but not limited to paper, notebooks, pencils, pens, and art
15supplies.
167. a. A person who makes a false claim for the purpose
17of obtaining a student first scholarship provided for in this
18section or who knowingly receives the scholarship or makes a
19payment from an account within the student first scholarship
20fund without being legally entitled to do so is guilty of a
21fraudulent practice under chapter 714. The false claim for a
22student first scholarship or a payment from an account shall
23be disallowed. The department of education shall also close
24the pupil’s account in the student first scholarship fund and
25transfer any remaining moneys in the account for deposit in the
26general fund of the state. If the improperly obtained amounts
27from the scholarship have been disbursed from the applicable
28account in the student first scholarship fund, the department
29of education shall recover such amounts from the parent or
30guardian, including by initiating legal proceedings to recover
31such amounts, if necessary. A parent or guardian who commits
32a fraudulent practice under this section is prohibited from
33participating in the student first scholarship program in the
34future.
35b. If, prior to the end of the required attendance
-14-1period of the school year, a pupil who receives a student
2first scholarship withdraws from enrollment in the nonpublic
3school or is expelled, the nonpublic school shall notify the
4department of education in writing of the pupil’s withdrawal
5or expulsion, and the pupil’s parent or guardian shall notify
6the department of education of the pupil’s withdrawal or
7expulsion from the nonpublic school. A pupil’s expulsion
8from the nonpublic school prior to the end of the required
9attendance period for the school year shall invalidate the
10pupil’s eligibility for the student first scholarship for the
11school budget year. A pupil’s withdrawal from a nonpublic
12school prior to the end of the required attendance period of
13the school year shall invalidate the pupil’s eligibility for
14the student first scholarship for the school budget year unless
15the withdrawal is the result of a change in residence of the
16pupil and the pupil, following written notice by the parent
17or guardian and certification by the new nonpublic school to
18the department of education, enrolls in a different nonpublic
19school in this state for the remainder of the school year.
20c. (1) Upon receipt of a notice of expulsion under
21paragraph “b”, the department of education shall close the
22pupil’s account in the student first scholarship fund and
23transfer any remaining moneys in the account for deposit in
24the general fund of the state. In addition, if amounts from
25the scholarship for the school budget year during which the
26pupil is expelled have been disbursed from the expelled pupil’s
27account in the student first scholarship fund, the department
28of education shall recover such amounts from the parent or
29guardian, including by initiating legal proceedings to recover
30such amounts, if necessary.
31(2) Upon receipt of a notice of withdrawal under paragraph
32“b” and a determination that the pupil’s withdrawal was
33not the result of a change in residence, the department of
34education shall cease disbursements of remaining moneys in
35the pupil’s account in the student first scholarship fund,
-15-1close the pupil’s account, and transfer any moneys remaining
2in the pupil’s account for deposit in the general fund of
3the state. In addition, if amounts from the scholarship for
4the school budget year during which the withdrawal occurs
5have been disbursed from the pupil’s account in the student
6first scholarship fund, the department of education shall
7recover such amounts from the parent or guardian to the extent
8the amount disbursed exceeds the amount of the scholarship
9proportionate to the remaining portion of the school year
10following the withdrawal, including by initiating legal
11proceedings to recover such amounts, if necessary.
12(3) Upon receipt of a notice of withdrawal under paragraph
13“b” and a determination that the withdrawal was the result of
14a change in residence but that the pupil did not enroll in
15a different nonpublic school in this state for the remainder
16of the school year, the department of education shall cease
17disbursements of remaining moneys in the pupil’s account in
18the student first scholarship fund, close the pupil’s account,
19and transfer any moneys remaining in the pupil’s account for
20deposit in the general fund of the state.
21(4) If a pupil’s eligibility is invalidated under the
22provisions of paragraph “b”, the pupil shall be ineligible for a
23student first scholarship for the following school budget year
24under subsection 1, paragraph “a”, subparagraphs (2) and (3).
258. Moneys remaining in a pupil’s account when the pupil
26graduates from high school or turns twenty-one years of age,
27whichever occurs first, shall be transferred by the department
28of education for deposit in the general fund of the state.
299. a. A parent may appeal to the state board of education
30any administrative decision the department of education
31makes pursuant to this section, including but not limited
32to determinations of eligibility, allowable expenses, and
33removal from the program. The department shall notify the
34parent or guardian in writing of the appeal process at the same
35time the department notifies the parent or guardian of the
-16-1administrative decision. The state board of education shall
2establish the appeals process consistent with chapter 17A and
3shall post such appeal process information on the state board
4of education’s internet site.
5b. The state board of education shall refer cases of
6substantial misuse of student first scholarship funds to the
7attorney general for the purpose of collection or for the
8purpose of a criminal investigation if the state board of
9education obtains evidence of fraudulent use of an account.
1010. a. This section shall not be construed to authorize
11the state or any political subdivision of the state to exercise
12authority over any nonpublic school or construed to require a
13nonpublic school to modify its academic standards for admission
14or educational program in order to receive payment from a
15parent or guardian using funds from a pupil’s account in the
16student first scholarship fund.
17b. This section shall not be construed to expand the
18authority of the state or any political subdivision of the
19state to impose regulations upon any nonpublic school that are
20not necessary to implement this section.
21c. A nonpublic school that accepts payment from a parent
22or guardian using funds from a pupil’s account in the student
23first scholarship fund is not an agent of this state or of a
24political subdivision of this state.
25d. Rules adopted by the department of education to implement
26this section that impose an undue burden on a nonpublic school
27are invalid.
28e. A nonpublic school that accepts payment from a parent
29or guardian using funds from a pupil’s account in the student
30first scholarship fund shall be given the maximum freedom
31possible to provide for the educational needs of the school’s
32students, consistent with state and federal law.
33 Sec. 7. NEW SECTION. 257.16E Student first operational
34sharing fund.
351. A student first operational sharing fund is created as
-17-1a separate and distinct fund in the state treasury under the
2control of the department of management. Moneys in the fund
3include revenues credited to the fund, appropriations made to
4the fund, and other moneys deposited into the fund.
52. a. For each fiscal year beginning on or after July 1,
62023, there is appropriated annually from the general fund of
7the state to the department of management for deposit in the
8student first operational sharing fund an amount equal to the
9product of the number of student first scholarships approved
10under section 257.11B for the base year multiplied by the sum
11of the statewide average foundation property tax per pupil plus
12the difference between the amount determined under section
13257.16B, subsection 2, paragraph “c”, subparagraph (2), and
14the amount determined under section 257.16B, subsection 2,
15paragraph “c”, subparagraph (1).
16b. The moneys available in a fiscal year in the student
17first operational sharing fund shall be used to increase the
18maximum amount of additional weighting established pursuant to
19section 257.11, subsection 5, paragraph “d”, from twenty-one
20additional pupils up to twenty-four additional pupils if the
21school district requests the additional weighting from the
22school budget review committee, and the school budget review
23committee approves the additional weighting after examining
24the need for the position requested. If the moneys in the
25student first operational sharing fund are insufficient to make
26the payments required by section 257.11, subsection 5, the
27remainder shall be paid as foundation aid pursuant to section
28257.16.
293. Payments to school districts under this section shall
30be paid at the same time and in the same manner as foundation
31aid is paid under section 257.16, and may be included in the
32monthly payment of state aid under section 257.16, subsection
332.
344. Notwithstanding section 8.33, any moneys remaining
35in the student first operational sharing fund at the end of
-18-1a fiscal year shall not revert to any other fund but shall
2remain in the student first operational sharing fund for use as
3provided in this section for the following fiscal year.
4 Sec. 8. Section 257.31, subsection 16, Code 2022, is amended
5to read as follows:
616. The committee shall perform the duties assigned to it
7under sections 257.16E, 257.32, 257.40, and 260C.18B.
8 Sec. 9. Section 422.7, Code 2022, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 51. Subtract, to the extent included, the
11amount of a student first scholarship under section 257.11B
12received by the taxpayer for payment of qualified educational
13expenses.
14 Sec. 10. STUDENT FIRST SCHOLARSHIP PROGRAM APPLICATIONS FOR
15THE SCHOOL YEAR BEGINNING JULY 1, 2022.
161. Notwithstanding the deadline in section 257.11B,
17subsection 2, paragraph “a”, as enacted in this division of
18this Act, by May 1 preceding the school year beginning July
191, 2022, the parent or guardian of a pupil who is enrolled in
20a school district or who is eligible to enroll in a school
21district for kindergarten in the next school year, and who is
22requesting a student first scholarship for the school year
23beginning July 1, 2022, may request a student first scholarship
24by submitting an application to the department of education,
25on application forms developed by the department of education,
26indicating that the parent or guardian intends to enroll the
27pupil in a nonpublic school for the entirety of the school year
28beginning July 1, 2022.
292. Notwithstanding the deadline in section 257.11B,
30subsection 2, paragraph “b”, as enacted in this division of
31this Act, by June 1 preceding the school year beginning July
321, 2022, the department of education shall determine the
33number of pupils in each school district approved to receive
34a scholarship for the following school year and shall notify
35the parent or guardian of each pupil approved for the following
-19-1school year to receive a scholarship and the amount of the
2scholarship for the pupil.
3 Sec. 11. EMERGENCY RULES. The department of education
4may adopt emergency rules under section 17A.4, subsection 3,
5and section 17A.5, subsection 2, paragraph “b”, to implement
6the provisions of the section of this division of this Act
7enacting section 256.9, subsection 65, and section 257.11B, and
8the rules shall be effective immediately upon filing unless
9a later date is specified in the rules. Any rules adopted
10in accordance with this section shall also be published as a
11notice of intended action as provided in section 17A.4.
12 Sec. 12. EFFECTIVE DATE. The following, being deemed of
13immediate importance, take effect upon enactment:
141. The section of this division of this Act enacting section
15256.9, subsection 65.
162. The section of this division of this Act enacting section
17257.11B.
183. The section of this division of this Act establishing
19deadlines for the applications for the student first
20scholarship program for the school year beginning July 1, 2022.
214. The section of this division of this Act authorizing the
22department of education to engage in emergency rulemaking.
23 Sec. 13. APPLICABILITY. The following applies to school
24budget years and fiscal years beginning on or after July 1,
252022:
26The section of this division of this Act enacting section
27257.11B.
28 Sec. 14. APPLICABILITY. The following applies to school
29budget years and fiscal years beginning on or after July 1,
302023:
31The section of this division of this Act enacting section
32257.16E.
33 Sec. 15. RETROACTIVE APPLICABILITY. The following applies
34retroactively to tax years beginning on or after January 1,
352022:
-20- 1The section of this division of this Act enacting section
2422.7, subsection 51.
3DIVISION III
4SOCIAL STUDIES INSTRUCTION
5 Sec. 16. Section 256.11, subsection 5, paragraph b, Code
62022, is amended to read as follows:
7b. (1) Five units of the social studies including
8instruction in voting statutes and procedures, voter
9registration requirements, the use of paper ballots and voting
10systems in the election process, and the method of acquiring
11and casting an absentee ballot. All students shall complete a
12minimum of one-half unit of United States government and one
13unit of United States history.
14(2) The one-half unit of United States government shall
15include the all of the following:
16(a) Thevoting procedure as described in this lettered
17paragraph and section 280.9A. The government instruction shall
18also include a
19(b) Astudy of the Constitution of the United States and the
20Bill of Rights contained in the Constitution and an assessment
21of a student’s knowledge of the Constitution and the Bill of
22Rights.
23(c) (i) An assessment of the student’s knowledge of
24United States government and civics that includes the nature,
25purpose, structure, function, and history of the United States
26government, the rights and responsibilities of citizens of
27the United States, and important United States government and
28civic leaders. The most recent version of the civics test
29developed by the United States citizenship and immigration
30services shall be used as the assessment required by this
31subparagraph division. On or before June 30 of each year, each
32school district and nonpublic school shall submit the results
33of the assessment required by this subparagraph division to the
34department.
35(ii) A student shall answer at least seventy percent of the
-21-1questions on the civics test developed by the United States
2citizenship and immigration services correctly as a condition
3of graduation. A student who fails to answer at least seventy
4percent of the questions on the civics test correctly may
5retake the civics test as many times as necessary.
6DIVISION IV
7PRIVATE INSTRUCTION — SPECIAL EDUCATION
8 Sec. 17. Section 299A.9, subsection 1, Code 2022, is amended
9to read as follows:
101. A child of compulsory attendance age who is identified
11as requiring special education under chapter 256B is eligible
12for placement under competent private instruction with prior
13approval of the placement by the director of special education
14of the area education agency of the child’s district of
15residence.
16 Sec. 18. Section 299A.9, Code 2022, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 3. The parent, guardian, or legal custodian
19of a child who is identified as requiring special education
20may request dual enrollment pursuant to section 299A.8. The
21appropriate special education services for the child shall be
22determined pursuant to chapter 256B and rules adopted pursuant
23to chapter 256B.
24DIVISION V
25OPEN ENROLLMENT
26 Sec. 19. Section 282.18, subsection 5, Code 2022, is amended
27to read as follows:
285. a. Open enrollment applications filed after March 1
29of the preceding school year that do not qualify for good
30cause as provided in subsection 4 shall be subject to the
31approval of the board of the resident district and the board
32of the receiving district. The parent or guardian shall send
33notification to the district of residence and the receiving
34district that the parent or guardian seeks to enroll the
35parent’s or guardian’s child in the receiving district.
-22- 1b. A decision of either board to deny an application filed
2under this subsection involving repeated acts of harassment
3of the student that the resident district cannot adequately
4address, a consistent failure of the resident district to
5reasonably respond to a student’s failure to meet basic
6academic standards after notice provided by a parent or
7guardian, or a serious health condition of the student that
8the resident district cannot adequately address is subject to
9appeal under section 290.1. A decision of either board to
10deny an application filed under this subsection related to the
11sibling or stepsibling of a student described in this paragraph
12is also subject to appeal under section 290.1.
13c. The state board shall adopt by rule the criteria
14for determining a resident district’s consistent failure
15to reasonably respond to a student’s failure to meet basic
16academic standards and shall exercise broad discretion to
17achieve just and equitable results that are in the best
18interest of the affected child or children.
19 Sec. 20. Section 282.18, subsection 11, paragraph a, Code
202022, is amended by adding the following new subparagraph:
21 NEW SUBPARAGRAPH. (08) If the pupil participates in
22open enrollment because the pupil’s sibling or stepsibling
23participates in open enrollment as a result of the sibling
24or stepsibling’s appeal under section 282.18, subsection 5,
25paragraph “b”.
26DIVISION VI
27PRACTITIONER PREPARATION PROGRAMS
28 Sec. 21. Section 256.7, subsection 3, paragraph b, Code
292022, is amended to read as follows:
30b. Procedures provided for approval of programs shall
31include procedures for enforcement of the prescribed standards
32and, except as provided in section 256.16, subsection 3, shall
33not include a procedure for the waiving of any of the standards
34prescribed.
35 Sec. 22. Section 256.16, subsection 1, paragraph a, Code
-23-12022, is amended by striking the paragraph.
2 Sec. 23. Section 256.16, subsection 1, paragraph d, Code
32022, is amended to read as follows:
4d. Require that each student admitted to an approved
5practitioner preparation program participate in pre-student
6teaching field experiences that include both observation and
7participation in teaching activities in a variety of school
8settings. These Pre-student teaching field experiences for
9students participating in an initial teacher preparation
10program shall comprise a total of at least fifty eighty
11 hours in duration, at least ten hours of which shall occur
12prior to a student’s acceptance in an approved practitioner
13preparation program. Pre-student teaching field experiences
14for students participating in a teacher intern preparation
15program shall comprise a total of at least fifty hours in
16duration. The student teaching experience shall be a minimum
17of fourteen weeks in duration during the student’s final year
18of the practitioner preparation program. The program shall
19make every reasonable effort to offer the student teaching
20experience prior to a student’s last semester, or equivalent,
21in the program, and to expand the student’s student teaching
22opportunities beyond one semester or the equivalent.
23 Sec. 24. Section 256.16, subsection 2, Code 2022, is amended
24to read as follows:
252. A person initially applying for a license shall
26successfully complete a practitioner preparation program
27approved under section 256.7, subsection 3, and containing the
28subject matter specified in this section, before the initial
29action by the board of educational examiners under chapter
30272 takes place. However, this subsection shall not apply to
31a person who meets the requirements for an initial one-year
32license in accordance with subsection 3.
33 Sec. 25. Section 256.16, subsection 3, Code 2022, is amended
34by striking the subsection.
35 Sec. 26. Section 272.2, subsection 14, paragraph b,
-24-1subparagraph (5), Code 2022, is amended to read as follows:
2(5) The applicant fails to meet board standards for
3application for an initial or renewed license. However, this
4subparagraph shall not apply to a person who applies for an
5initial one-year license and submits to the board a waiver
6issued by the director of the department of education in
7accordance with section 256.16, subsection 3.
8 Sec. 27. Section 272.2, subsection 22, Code 2022, is amended
9by striking the subsection.
10 Sec. 28. HIGHER EDUCATION INSTITUTIONS — NOTICE TO
11FORMER STUDENTS. All higher education institutions providing
12practitioner preparation shall notify students who failed to
13achieve the minimum passing scores set by the department of
14education on the assessments administered under section 256.16,
15subsection 1, paragraph “a”, subparagraph (2), Code 2022,
16before the effective date of this division of this Act, of the
17changes related to the completion of a practitioner preparation
18program provided by this division of this Act, including the
19student’s ability to apply for an initial license from the
20board of educational examiners if the student completed all
21other requirements of a practitioner preparation program
22approved under section 256.7, subsection 3.
23 Sec. 29. EFFECTIVE DATE. This division of this Act, being
24deemed of immediate importance, takes effect upon enactment.
25 Sec. 30. APPLICABILITY. This division of this Act applies
26to students who attended or are attending practitioner
27preparation programs before, on, or after the effective date
28of this division of this Act.
29DIVISION VII
30INCIDENTS RELATED TO LICENSED PRACTITIONERS
31 Sec. 31. Section 232.69, subsection 1, unnumbered paragraph
321, Code 2022, is amended to read as follows:
33The classes of persons enumerated in this subsection shall
34make a report within twenty-four hours and as provided in
35section 232.70, of cases of child abuse. In addition, the
-25-1classes of persons enumerated in this subsection shall make a
2report of abuse of a child who is under twelve years of age and
3may make a report of abuse of a child who is twelve years of age
4or older, which would be defined as child abuse under section
5232.68, subsection 2, paragraph “a”, subparagraph (3) or (5),
6except that the abuse resulted from the acts or omissions of
7a person other than a person responsible for the care of the
8child.
9 Sec. 32. Section 232.69, subsection 1, paragraph b,
10subparagraph (4), Code 2022, is amended to read as follows:
11(4) A licensed school employee, certified para-educator,
12holder of a coaching authorization issued under section 272.31,
13full-time school employee who is eighteen years of age or
14older, or an instructor employed by a community college.
15 Sec. 33. Section 232.70, subsection 6, Code 2022, is amended
16by adding the following new paragraph:
17 NEW PARAGRAPH. 0f. If the person making the report is a
18licensed school employee who reasonably believes the person
19responsible for the injury is a licensed school employee, the
20identity of the licensed school employee the person making the
21report believes is responsible for the injury.
22 Sec. 34. Section 256.9, Code 2022, is amended by adding the
23following new subsection:
24 NEW SUBSECTION. 66. a. Develop and implement a process
25for the reporting and investigation of any incident that arises
26that may reasonably lead to the conclusion that an individual
27with a license, endorsement, certification, authorization, or
28statement of recognition issued by the board of educational
29examiners who is employed by the board of directors of a
30school district or the authorities in charge of an accredited
31nonpublic school has committed a felony or has engaged in
32conduct described in section 272.15, subsection 1, paragraph
33“a”, subparagraph (1), subparagraph divisions (a) through (d).
34b. The process shall prohibit the boards of directors of a
35school district and the authorities in charge of an accredited
-26-1nonpublic school from entering into any of the following:
2(1) A written or oral agreement that prohibits the board of
3directors of the school district or the authorities in charge
4of an accredited nonpublic school, an employee of the school
5district or the accredited nonpublic school, or a contractor
6of the school district or the accredited nonpublic school
7from discussing an incident, past performance or actions,
8past allegations leading to discipline or adverse employment
9action, or employee resignation with any governmental agent,
10governmental officer, or any potential employer.
11(2) A written or oral agreement that waives the liability
12of an individual with a license, endorsement, certification,
13authorization, or statement of recognition issued by the
14board of educational examiners related to or arising from an
15incident, past performance or action, or past allegations of
16wrongdoing.
17c. The board of directors of a school district or the
18authorities in charge of an accredited nonpublic school and
19contractors of the school district or the accredited nonpublic
20school shall be immune from any civil liability arising
21from discussing an incident, past performance or actions,
22past allegations leading to discipline or adverse employment
23action, or employee resignation with any governmental agent,
24governmental officer, or any potential employer.
25d. If the board of educational examiners finds that
26the board of directors of a school district or the
27authorities in charge of an accredited nonpublic school
28has intentionally failed to follow the process established
29by this subsection regarding an incident, or the reporting
30requirements established pursuant to section 272.15, the
31board of educational examiners shall assess a fine against
32an administrator of the school district or the accredited
33nonpublic school who failed to ensure compliance with the
34process of not less than five hundred dollars and not more than
35five thousand dollars. Payments of the fine provided in this
-27-1paragraph shall be remitted to the treasurer of the state for
2deposit in the general fund of the state.
3e. If the board of educational examiners finds that the
4board of directors of a school district or the authorities in
5charge of an accredited nonpublic school has intentionally
6concealed, or attempted to conceal from any governmental
7agent, governmental officer, or potential employer a founded
8incident, or any conduct required to be reported pursuant to
9section 272.15, the board of educational examiners shall assess
10a fine against an administrator of the school district or the
11accredited nonpublic school who assisted in the concealment, or
12attempted concealment, of an incident, or any conduct required
13to be reported pursuant to section 272.15, of not more than
14ten thousand dollars. Payments of the fine provided in this
15paragraph shall be remitted to the treasurer of the state for
16deposit in the general fund of the state.
17 Sec. 35. Section 256E.7, subsection 2, Code 2022, is amended
18by adding the following new paragraph:
19 NEW PARAGRAPH. 0i. Be subject to and comply with the
20requirements of section 280.32 in the same manner as a school
21district.
22 Sec. 36. Section 272.2, subsection 14, paragraph b,
23subparagraph (1), unnumbered paragraph 1, Code 2022, is amended
24to read as follows:
25The person entered a plea of guilty to, or has been found
26guilty of, or the board has found by a preponderance of the
27evidence that the person committed, any of the following
28offenses, whether or not a sentence is imposed:
29 Sec. 37. Section 272.2, subsection 15, Code 2022, is amended
30to read as follows:
3115. a. Adopt rules that require specificity in written
32complaints that are filed by individuals who have personal
33knowledge of an alleged violation and which are accepted by
34the board, provide that the jurisdictional requirements as set
35by the board in administrative rule are met on the face of the
-28-1complaint before initiating an investigation of allegations,
2provide that any investigation be limited to the allegations
3contained on the face of the complaint, provide for an adequate
4interval between the receipt of a complaint and public notice
5of the complaint, permit parties to a complaint to mutually
6agree to a resolution of the complaint filed with the board,
7allow the respondent the right to review any investigative
8report upon a finding of probable cause for further action by
9the board, require that the conduct providing the basis for
10the complaint occurred within three years of discovery of the
11event by the complainant unless good cause can be shown for
12an extension of this limitation, and require complaints to be
13resolved within one hundred eighty days unless good cause can
14be shown for an extension of this limitation.
15b. Adopt rules that require the collection and retention of
16written complaints that are filed. If the board determines a
17written complaint is not founded, the complaint and all records
18related to the complaint shall be kept confidential and are not
19subject to chapter 22.
20c. Adopt rules that require the board to notify the public
21when a licensed practitioner who is the subject of an ongoing
22investigation initiated under paragraph “a” has a case pending
23with a finding of probable cause. This paragraph shall not be
24construed to require the board to disclose unfounded, closed
25investigations initiated under paragraph “a”.
26d. Adopt rules that require the evaluation of complaints
27that did not result in any discipline or sanction if similar
28complaints are filed against the same licensed practitioner.
29e. Adopt rules that require the board to investigate an
30administrator who is employed by the school that employs a
31licensed practitioner who is the subject of an investigation
32initiated under paragraph “a”. The rules shall require
33the board to investigate whether the administrator filed a
34written complaint pursuant to this subsection and whether the
35administrator was required to report to the board pursuant to
-29-1section 272.15.
2 Sec. 38. Section 279.69, Code 2022, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 1A. Prior to hiring an individual who
5has been issued a license, endorsement, certification,
6authorization, or statement of recognition by the board
7of educational examiners, a school district shall view the
8board of educational examiner’s public license information to
9determine if the individual has a case pending with a finding
10of probable cause or any licensure sanction. This subsection
11shall not be construed to require the board of educational
12examiners to disclose unfounded, closed investigations.
13 Sec. 39. NEW SECTION. 280.32 Incidents related to licensed
14practitioners — reporting and investigation.
15The board of directors of a school district and the
16authorities in charge of each accredited nonpublic school shall
17follow the process created by the department of education
18pursuant to section 256.9, subsection 66, related to the
19reporting and investigation of an incident involving the
20possible commission of a felony by any person who has been
21issued a license, endorsement, certification, authorization, or
22statement of recognition by the board of educational examiners.
23DIVISION VIII
24BOARD OF EDUCATIONAL EXAMINERS — RENEWAL CREDITS
25 Sec. 40. Section 272.2, subsection 1, paragraph c, Code
262022, is amended to read as follows:
27c. Rules adopted pursuant to this subsection establishing
28licensure renewal requirements shall provide that up to half
29of the units needed for licensure renewal may be earned upon
30the successful completion of an individualized professional
31development plan as verified by the supervising licensed
32evaluator, or by successful completion of professional
33development courses or programs offered by a professional
34development program licensed by the board, or by a practitioner
35preparation institution or area education agency approved by
-30-1the state board of education. The rules shall require that
2holders of a master educator teaching license, professional
3service license, or professional administrator license who are
4employed by a school district described in chapter 274, charter
5school, or accredited nonpublic school may earn all renewal
6credits, except for the evaluator training required by section
7284.10 and the mandatory reporter training required by section
8232.69, through professional development activities as verified
9by the supervising licensed evaluator.
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