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Senate File 458 - IntroducedA Bill ForAn Act 1concerning employment matters involving public employees
2including collective bargaining, educator employment
3matters, personnel records and settlement agreements, city
4civil service requirements, and health insurance matters,
5and including effective date, applicability, and transition
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC EMPLOYEE COLLECTIVE BARGAINING
3 Section 1. Section 20.3, subsections 11 and 13, Code 2023,
4are amended by striking the subsections.
5 Sec. 2. Section 20.6, subsection 1, Code 2023, is amended
6to read as follows:
71. Administer Interpret, apply, and administer the
8provisions of this chapter.
9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2023, are
10amended by striking the subsections.
11 Sec. 4. Section 20.7, subsection 2, Code 2023, is amended
12to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign, and
14retain public employees in positions within the public agency.
15 Sec. 5. Section 20.8, subsection 5, Code 2023, is amended by
16striking the subsection.
17 Sec. 6. Section 20.9, Code 2023, is amended by striking the
18section and inserting in lieu thereof the following:
1920.9 Scope of negotiations.
201. The public employer and the employee organization
21shall meet at reasonable times, including meetings reasonably
22in advance of the public employer’s budget-making process,
23to negotiate in good faith with respect to wages, hours,
24vacations, insurance, holidays, leaves of absence, shift
25differentials, overtime compensation, supplemental pay,
26seniority, transfer procedures, job classifications, health and
27safety matters, evaluation procedures, procedures for staff
28reduction, in-service training, and other matters mutually
29agreed upon. Negotiations shall also include terms authorizing
30dues checkoff for members of the employee organization and
31grievance procedures for resolving any questions arising under
32the agreement, which shall be embodied in a written agreement
33and signed by the parties. If an agreement provides for dues
34checkoff, a member’s dues may be checked off only upon the
35member’s written request and the member may terminate the dues
-1-1checkoff at any time by giving thirty days’ written notice.
2Such obligation to negotiate in good faith does not compel
3either party to agree to a proposal or make a concession.
42. Nothing in this section shall diminish the authority
5and power of the department of administrative services, board
6of regents’ merit system, Iowa public broadcasting board’s
7merit system, or any civil service commission established by
8constitutional provision, statute, charter, or special act to
9recruit employees, prepare, conduct and grade examinations,
10rate candidates in order of their relative scores for
11certification for appointment or promotion or for other matters
12of classification, reclassification or appeal rights in the
13classified service of the public employer served.
143. All retirement systems shall be excluded from the scope
15of negotiations.
16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2023,
17is amended by striking the paragraph.
18 Sec. 8. Section 20.12, subsection 5, Code 2023, is amended
19to read as follows:
205. If an employee organization or any of its officers
21is held to be in contempt of court for failure to comply
22with an injunction pursuant to this section, or is convicted
23of violating this section, the employee organization shall
24be immediately decertified, shall cease to represent the
25bargaining unit, shall cease to receive any dues by checkoff,
26 and may again be certified only after twenty-four twelve months
27have elapsed from the effective date of decertification and
28only if after a new petition for certification pursuant to
29 compliance with section 20.14 is filed and a new certification
30election pursuant to section 20.15 is held. The penalties
31provided in this section may be suspended or modified by the
32court, but only upon request of the public employer and only
33if the court determines the suspension or modification is in
34the public interest.
35 Sec. 9. Section 20.15, Code 2023, is amended by striking the
-2-1section and inserting in lieu thereof the following:
220.15 Elections.
31. Upon the filing of a petition for certification of an
4employee organization, the board shall submit a question to
5the public employees at an election in the bargaining unit
6found appropriate by the board. The question on the ballot
7shall permit the public employees to vote for no bargaining
8representation or for any employee organization which has
9petitioned for certification or which has presented proof
10satisfactory to the board of support of ten percent or more of
11the public employees in the appropriate unit.
122. If a majority of the votes cast on the question is
13for no bargaining representation, the public employees in
14the bargaining unit found appropriate by the board shall not
15be represented by an employee organization. If a majority
16of the votes cast on the question is for a listed employee
17organization, then that employee organization shall represent
18the public employees in the bargaining unit found appropriate
19by the board.
203. If none of the choices on the ballot receive the vote
21of a majority of the public employees voting, the board shall
22conduct a runoff election among the two choices receiving the
23greatest number of votes.
244. Upon written objections filed by any party to the
25election within ten days after notice of the results of
26the election, if the board finds that misconduct or other
27circumstances prevented the public employees eligible to
28vote from freely expressing their preferences, the board may
29invalidate the election and hold a second election for the
30public employees.
315. Upon completion of a valid election in which the majority
32choice of the employees voting is determined, the board shall
33certify the results of the election and shall give reasonable
34notice of the order to all employee organizations listed on the
35ballot, the public employers, and the public employees in the
-3-1appropriate bargaining unit.
26. a. A petition for certification as exclusive bargaining
3representative of a bargaining unit shall not be considered
4by the board for a period of one year from the date of the
5noncertification of an employee organization as the exclusive
6bargaining representative of that bargaining unit following a
7certification election. A petition for certification as the
8exclusive bargaining representative of a bargaining unit shall
9also not be considered by the board if the bargaining unit is
10at that time represented by a certified exclusive bargaining
11representative.
12b. A petition for the decertification of the exclusive
13bargaining representative of a bargaining unit shall not be
14considered by the board for a period of one year from the date
15of its certification, or within one year of its continued
16certification following a decertification election, or during
17the duration of a collective bargaining agreement which, for
18purposes of this section, shall be deemed not to exceed two
19years. However, if a petition for decertification is filed
20during the duration of a collective bargaining agreement, the
21board shall award an election under this section not more than
22one hundred eighty days and not less than one hundred fifty
23days prior to the expiration of the collective bargaining
24agreement. If an employee organization is decertified, the
25board may receive petitions under section 20.14, provided that
26no such petition and no election conducted pursuant to such
27petition within one year from decertification shall include as
28a party the decertified employee organization.
29c. A collective bargaining agreement with the state, its
30boards, commissions, departments, and agencies shall be for two
31years. The provisions of a collective bargaining agreement or
32arbitrator’s award affecting state employees shall not provide
33for renegotiations which would require the refinancing of
34salary and fringe benefits for the second year of the term of
35the agreement, except as provided in section 20.17, subsection
-4-16. The effective date of any such agreement shall be July 1 of
2odd-numbered years, provided that if an exclusive bargaining
3representative is certified on a date which will prevent the
4negotiation of a collective bargaining agreement prior to
5July 1 of odd-numbered years for a period of two years, the
6certified collective bargaining representative may negotiate
7a one-year contract with the public employer which shall be
8effective from July 1 of the even-numbered year to July 1
9of the succeeding odd-numbered year when new contracts shall
10become effective.
11 Sec. 10. Section 20.17, subsection 8, Code 2023, is amended
12by striking the subsection and inserting in lieu thereof the
13following:
148. The salaries of all public employees of the state under
15a merit system and all other fringe benefits which are granted
16to all public employees of the state shall be negotiated with
17the governor or the governor’s designee on a statewide basis,
18except those benefits which are not subject to negotiations
19pursuant to the provisions of section 20.9.
20 Sec. 11. Section 20.17, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8A. A public employee or any employee
23organization shall not negotiate or attempt to negotiate
24directly with a member of the governing board of a public
25employer if the public employer has appointed or authorized
26a bargaining representative for the purpose of bargaining
27with the public employees or their representative, unless the
28member of the governing board is the designated bargaining
29representative of the public employer.
30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
312023, are amended to read as follows:
322. Each party shall serve its final offer on each of
33the impasse items upon the other party within four days of
34the board’s receipt of the request for arbitration, or by a
35deadline otherwise agreed upon by the parties. The parties may
-5-1continue to negotiate all offers until an agreement is reached
2or an award is rendered by the arbitrator. The full costs of
3arbitration under this section shall be shared equally by the
4parties to the dispute.
53. The submission of the impasse items to the arbitrator
6shall be limited to those items upon which the parties have
7not reached agreement. With respect to each such item, the
8arbitrator’s award shall be restricted to the final offers on
9each impasse item submitted by the parties to the arbitrator,
10except as provided in subsection 10, paragraph “b”.
117. For an arbitration involving a bargaining unit that
12has at least thirty percent of members who are public safety
13employees, the The arbitrator shall consider and specifically
14address in the arbitrator’s determination, in addition to any
15other relevant factors, the following factors:
16a. Past collective bargaining contracts between the parties
17including the bargaining that led up to such contracts.
18b. Comparison of wages, hours, and conditions of employment
19of the involved public employees with those of other public
20employees doing comparable work, giving consideration to
21factors peculiar to the area and the classifications involved.
22c. The interests and welfare of the public, the ability of
23the public employer to finance economic adjustments, and the
24effect of such adjustments on the normal standard of services.
25d. The power of the public employer to levy taxes and
26appropriate funds for the conduct of its operations.
279. a. The arbitrator may administer oaths, examine
28witnesses and documents, take testimony and receive evidence,
29and issue subpoenas to compel the attendance of witnesses and
30the production of records. The arbitrator may petition the
31district court at the seat of government or of the county
32in which the hearing is held to enforce the order of the
33arbitrator compelling the attendance of witnesses and the
34production of records.
35b. Except as required for purposes of the consideration of
-6-1the factors specified in subsection 7, paragraphs “a” through
2“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
3(3), the parties shall not introduce, and the arbitrator
4shall not accept or consider, any direct or indirect evidence
5regarding any subject excluded from negotiations pursuant to
6section 20.9.
710. a. The arbitrator shall select within fifteen
8days after the hearing the most reasonable offer, in the
9arbitrator’s judgment, of the final offers on each impasse item
10submitted by the parties.
11b. (1) However, for an arbitration involving a bargaining
12unit that does not have at least thirty percent of members who
13are public safety employees, with respect to any increase in
14base wages, the arbitrator’s award shall not exceed the lesser
15of the following percentages in any one-year period in the
16duration of the bargaining agreement:
17(a) Three percent.
18(b) A percentage equal to the increase in the consumer
19price index for all urban consumers for the midwest region,
20if any, as determined by the United States department of
21labor, bureau of labor statistics, or a successor index. Such
22percentage shall be the change in the consumer price index
23for the twelve-month period beginning eighteen months prior
24to the month in which the impasse item regarding base wages
25was submitted to the arbitrator and ending six months prior to
26the month in which the impasse item regarding base wages was
27submitted to the arbitrator.
28(2) To assist the parties in the preparation of their final
29offers on an impasse item regarding base wages, the board
30shall provide information to the parties regarding the change
31in the consumer price index for all urban consumers for the
32midwest region for any twelve-month period. The department of
33workforce development shall assist the board in preparing such
34information upon request.
35 Sec. 13. Section 20.22, subsection 8, Code 2023, is amended
-7-1by striking the subsection.
2 Sec. 14. Section 20.26, subsection 4, Code 2023, is amended
3to read as follows:
44. Nothing in this section shall be construed to prohibit
5voluntary contributions by individuals to political parties
6or candidates, provided that such contributions are not made
7through payroll deductions.
8 Sec. 15. Section 20.29, Code 2023, is amended to read as
9follows:
1020.29 Filing agreement — public access — internet site.
111. Collective bargaining agreements shall be in writing and
12shall be signed by the parties.
132. A copy of a collective bargaining agreement entered into
14between a public employer and a certified employee organization
15and made final under this chapter shall be filed with the board
16by the public employer within ten days of the date on which the
17agreement is entered into.
183. Copies of collective bargaining agreements entered
19into between the state and the state employees’ bargaining
20representatives and made final under this chapter shall be
21filed with the secretary of state and be made available to the
22public at cost.
234. The board shall maintain an internet site that allows
24searchable access to a database of collective bargaining
25agreements and other collective bargaining information.
26 Sec. 16. Section 20.30, Code 2023, is amended by striking
27the section and inserting in lieu thereof the following:
2820.30 Supervisory member — no reduction before retirement.
291. A supervisory member of any department or agency
30employed by the state of Iowa shall not be granted a voluntary
31reduction to a nonsupervisory rank or grade during the six
32months preceding retirement of the member. A member of any
33department or agency employed by the state of Iowa who retires
34in less than six months after voluntarily requesting and
35receiving a reduction in rank or grade from a supervisory to a
-8-1nonsupervisory position shall be ineligible for a benefit to
2which the member is entitled as a nonsupervisory member but is
3not entitled as a supervisory member.
42. The provisions of this section shall be effective during
5the collective bargaining agreement in effect from July 1,
61979, to June 30, 1981.
7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
81, Code 2023, is amended to read as follows:
9A mediator shall not be required to testify in any judicial,
10administrative, arbitration, or grievance proceeding regarding
11any matters occurring in the course of a mediation, including
12any verbal or written communication or behavior, other than
13facts relating exclusively to the timing or scheduling of
14mediation. A mediator shall not be required to produce or
15disclose any documents, including notes, memoranda, or other
16work product, relating to mediation, other than documents
17relating exclusively to the timing or scheduling of mediation.
18This subsection shall not apply in any of the following
19circumstances:
20 Sec. 18. Section 22.7, subsection 69, Code 2023, is amended
21to read as follows:
2269. The evidence of public employee support for
23the certification, retention and recertification, or
24decertification of an employee organization as defined in
25section 20.3 that is submitted to the public employment
26relations board as provided in section 20.14 or 20.15.
27 Sec. 19. Section 22.7, subsection 70, Code 2023, is amended
28by striking the subsection.
29 Sec. 20. Section 70A.17A, Code 2023, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 3. This section shall not affect a payroll
32deduction elected by a state employee pursuant to section
3370A.19.
34 Sec. 21. Section 70A.19, Code 2023, is amended by striking
35the section and inserting in lieu thereof the following:
-9- 170A.19 Duration of state payroll deduction for dues of
2employee organization member.
3A state employee who elects a payroll deduction for
4membership dues to an employee organization pursuant to the
5provisions of a collective bargaining agreement negotiated
6under the provisions of chapter 20 shall maintain the deduction
7for a period of one year or until the expiration of the
8collective bargaining agreement, whichever occurs first. A
9state employee who transfers employment to a position covered
10by a different collective bargaining agreement or who becomes
11a management employee is not subject to this requirement.
12With respect to state employees, this section supersedes the
13provisions of section 20.9 allowing termination of a dues
14checkoff at any time but does not supersede the requirement for
15thirty days’ written notice of termination.
16 Sec. 22. Section 412.2, subsection 1, Code 2023, is amended
17to read as follows:
181. From the proceeds of the assessments on the wages
19and salaries of employees, of any such waterworks system,
20or other municipally owned and operated public utility,
21eligible to receive the benefits thereof. Notwithstanding
22any provisions of section 20.9 to the contrary, a council,
23board of waterworks, or other board or commission which
24establishes a pension and annuity retirement system pursuant to
25this chapter, shall negotiate in good faith with a certified
26employee organization as defined in section 20.3, which is the
27collective bargaining representative of the employees, with
28respect to the amount or rate of the assessment on the wages
29and salaries of employees and the method or methods for payment
30of the assessment by the employees.
31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. For purposes of chapter 20, the certified representative,
34which on July 1, 1983, represents employees who become judicial
35branch employees as a result of 1983 Iowa Acts, ch.186, shall
-10-1remain the certified representative when the employees become
2judicial branch employees and thereafter, unless the public
3employee organization is not retained and recertified or is
4 decertified in an election held under section 20.15 or amended
5or absorbed into another certified organization pursuant to
6chapter 20. Collective bargaining negotiations shall be
7conducted on a statewide basis and the certified employee
8organizations which engage in bargaining shall negotiate on a
9statewide basis, although bargaining units shall be organized
10by judicial district. The public employment relations board
11shall adopt rules pursuant to chapter 17A to implement this
12subsection.
13 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2023, are
14repealed.
15 Sec. 25. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
16RULES.
171. As of the effective date of this division of this Act,
18parties, mediators, and arbitrators engaging in any collective
19bargaining procedures provided for in chapter 20, Code 2023,
20who have not, before the effective date of this division
21of this Act, completed such procedures, shall immediately
22terminate any such procedures in process. A collective
23bargaining agreement negotiated pursuant to such procedures in
24process shall not become effective. Parties, mediators, and
25arbitrators shall not engage in further collective bargaining
26procedures except as provided in this section. Such parties
27shall commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. Such parties
29shall complete such bargaining not later than June 30, 2023,
30unless the parties mutually agree to a different deadline.
312. The public employment relations board shall adopt
32emergency rules under section 17A.4, subsection 3, and section
3317A.5, subsection 2, paragraph “b”, to provide for procedures
34as deemed necessary to implement the provisions of this
35section within five business days of the effective date of
-11-1this Act and shall submit such rules to the administrative
2rules coordinator and the administrative code editor pursuant
3to section 17A.5, subsection 1, within the same period. The
4rules shall be effective immediately upon filing unless a later
5date is specified in the rules. Such rules shall include but
6are not limited to alternative deadlines for completion of the
7procedures provided in sections 20.17 and 20.22, as amended by
8this division of this Act, and sections 20.19 and 20.20, which
9deadlines may be waived by mutual agreement of the parties.
103. The department of administrative services shall adopt
11emergency rules under section 17A.4, subsection 3, and
12section 17A.5, subsection 2, paragraph “b”, to provide for the
13implementation of section 70A.19, as amended by this division
14of this Act within five business days of the effective date
15of this Act and shall submit such rules to the administrative
16rules coordinator and the administrative code editor pursuant
17to section 17A.5, subsection 1, within the same period. The
18rules shall be effective immediately upon filing unless a later
19date is specified in the rules.
20 Sec. 26. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
21RELATIONS BOARD.
221. The public employment relations board shall cancel any
23elections scheduled or in process pursuant to section 20.15,
24subsection 2, Code 2023, as of the effective date of this Act.
252. Notwithstanding section 20.15, subsection 1, paragraph
26“c”, Code 2023, the public employment relations board
27shall consider a petition for certification of an employee
28organization as the exclusive representative of a bargaining
29unit for which an employee organization was not retained and
30recertified as the exclusive representative of that bargaining
31unit regardless of the amount of time that has elapsed since
32the retention and recertification election at which an employee
33organization was not retained or recertified.
34 Sec. 27. EFFECTIVE DATE. This division of this Act, being
35deemed of immediate importance, takes effect upon enactment.
-12-1 Sec. 28. APPLICABILITY. With the exception of the
2section of this division of this Act amending section 20.6,
3subsection 1, this division of this Act does not apply to
4collective bargaining agreements which have been ratified in a
5ratification election referred to in section 20.17, subsection
64, for which an arbitrator has made a final determination as
7described in section 20.22, subsection 11, or which have become
8effective, where such events occurred before the effective
9date of this division of this Act. This division of this Act
10applies to all collective bargaining procedures provided for in
11chapter 20 occurring on and after the effective date of this
12division of this Act and collective bargaining agreements for
13which a ratification election referred to in section 20.17,
14subsection 4, is held, for which an arbitrator makes a final
15determination as described in section 20.22, subsection 11, or
16which become effective on or after the effective date of this
17division of this Act.
18DIVISION II
19EDUCATOR EMPLOYMENT MATTERS
20 Sec. 29. Section 279.13, subsections 2 and 5, Code 2023, are
21amended to read as follows:
222. The contract shall remain in force and effect for the
23period stated in the contract and shall be automatically
24continued for equivalent periods except as modified or
25terminated by mutual agreement of the board of directors and
26the teacher or as modified or terminated in accordance with
27the provisions specified in this chapter. A contract shall
28not be offered by the employing board to a teacher under its
29jurisdiction prior to March 15 of any year. A teacher who has
30not accepted a contract for the ensuing school year tendered
31by the employing board may resign effective at the end of the
32current school year by filing a written resignation with the
33secretary of the board. The resignation must be filed not
34later than the last day of the current school year or the date
35specified by the employing board for return of the contract,
-13-1whichever date occurs first. However, a teacher shall not be
2required to return a contract to the board or to resign less
3than twenty-one days after the contract has been offered.
45. Notwithstanding the other provisions of this section, a
5temporary contract may be issued to a teacher for a period of
6up to six months. Notwithstanding the other provisions of this
7section, a temporary contract may also be issued to a teacher
8 to fill a vacancy created by a leave of absence in accordance
9with the provisions of section 29A.28, which contract shall
10automatically terminate upon return from military leave of the
11former incumbent of the teaching position. Temporary contracts
12 and which contract shall not be subject to the provisions of
13sections 279.15 through 279.19, or section 279.27. A separate
14extracurricular contract issued pursuant to section 279.19A to
15a person issued a temporary contract under this section shall
16automatically terminate with the termination of the temporary
17contract as required under section 279.19A, subsection 8.
18 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph
191, Code 2023, is amended to read as follows:
20For purposes of this section, sections 279.14, 279.15,
21279.16 through 279.17, 279.19, and 279.27, unless the context
22otherwise requires, “teacher” includes the following individuals
23employed by a community college:
24 Sec. 31. Section 279.14, Code 2023, is amended to read as
25follows:
26279.14 Evaluation criteria and procedures.
271. The board shall establish evaluation criteria and shall
28implement evaluation procedures. If an exclusive bargaining
29representative has been certified, the board shall negotiate
30in good faith with respect to evaluation procedures pursuant
31to chapter 20.
322. The determination of standards of performance expected
33of school district personnel shall be reserved as an exclusive
34management right of the school board and shall not be subject
35to mandatory negotiations under chapter 20. Objections
-14-1 Notwithstanding chapter 20, objections to the procedures,
2use, or content of an evaluation in a teacher termination
3proceeding brought before the school board in a hearing held in
4accordance with section 279.16 or 279.27 shall not be subject
5to any the grievance procedures negotiated in accordance with
6chapter 20. A school district shall not be obligated to
7process any evaluation grievance after service of a notice and
8recommendation to terminate an individual’s continuing teaching
9contract in accordance with this chapter.
10 Sec. 32. Section 279.15, subsection 2, paragraph c, Code
112023, is amended to read as follows:
12c. Within five days of the receipt of the written notice
13that the superintendent is recommending termination of the
14contract, the teacher may request, in writing to the secretary
15of the board, a private hearing with the board. The private
16hearing shall not be subject to chapter 21 and shall be held
17no sooner than twenty ten days and no later than forty twenty
18 days following the receipt of the request unless the parties
19otherwise agree. The secretary of the board shall notify the
20teacher in writing of the date, time, and location of the
21private hearing, and at least ten five days before the hearing
22shall also furnish to the teacher any documentation which
23may be presented to the board at the private hearing and a
24list of persons who may address the board in support of the
25superintendent’s recommendation at the private hearing. At
26least seven three days before the hearing, the teacher shall
27provide any documentation the teacher expects to present at
28the private hearing, along with the names of any persons who
29may address the board on behalf of the teacher. This exchange
30of information shall be at the time specified unless otherwise
31agreed.
32 Sec. 33. Section 279.16, Code 2023, is amended by striking
33the section and inserting in lieu thereof the following:
34279.16 Private hearing — decision — record.
351. The participants at the private hearing shall be
-15-1at least a majority of the members of the board, their
2legal representatives, if any, the superintendent, the
3superintendent’s designated representatives, if any, the
4teacher’s immediate supervisor, the teacher, the teacher’s
5representatives, if any, and the witnesses for the parties.
6The evidence at the private hearing shall be limited to the
7specific reasons stated in the superintendent’s notice of
8recommendation of termination. No participant in the hearing
9shall be liable for any damages to any person if any statement
10at the hearing is determined to be erroneous as long as the
11statement was made in good faith. The superintendent shall
12present evidence and argument on all issues involved and
13the teacher may cross-examine, respond and present evidence
14and argument in the teacher’s behalf relevant to all issues
15involved. Evidence may be by stipulation of the parties and
16informal settlement may be made by stipulation, consent, or
17default or by any other method agreed upon by the parties in
18writing. The board shall employ a certified shorthand reporter
19to keep a record of the private hearing. The proceedings
20or any part thereof shall be transcribed at the request of
21either party with the expense of transcription charged to the
22requesting party.
232. The presiding officer of the board may administer oaths
24in the same manner and with like effect and under the same
25penalties as in the case of magistrates exercising criminal
26or civil jurisdiction. The board shall cause subpoenas to be
27issued for such witnesses and the production of such books
28and papers as either the board or the teacher may designate.
29The subpoenas shall be signed by the presiding officer of the
30board.
313. In case a witness is duly subpoenaed and refuses to
32attend, or in case a witness appears and refuses to testify
33or to produce required books or papers, the board shall,
34in writing, report such refusal to the district court of
35the county in which the administrative office of the school
-16-1district is located, and the court shall proceed with the
2person or witness as though the refusal had occurred in a
3proceeding legally pending before the court.
44. The board shall not be bound by common law or statutory
5rules of evidence or by technical or formal rules of procedure,
6but it shall hold the hearing in such manner as is best suited
7to ascertain and conserve the substantial rights of the
8parties. Process and procedure under sections 279.13 through
9279.19 shall be as summary as reasonably may be.
105. At the conclusion of the private hearing, the
11superintendent and the teacher may file written briefs and
12arguments with the board within three days or such other time
13as may be agreed upon.
146. If the teacher fails to timely request a private hearing
15or does not appear at the private hearing, the board may
16proceed and make a determination upon the superintendent’s
17recommendation. If the teacher fails to timely file a request
18for a private hearing, the determination shall be not later
19than May 31. If the teacher fails to appear at the private
20hearing, the determination shall be not later than five days
21after the scheduled date for the private hearing. The board
22shall convene in open session and by roll call vote determine
23the termination or continuance of the teacher’s contract
24and, if the board votes to continue the teacher’s contract,
25whether to suspend the teacher with or without pay for a period
26specified by the board.
277. Within five days after the private hearing, the board
28shall, in executive session, meet to make a final decision
29upon the recommendation and the evidence as herein provided.
30The board shall also consider any written brief and arguments
31submitted by the superintendent and the teacher.
328. The record for a private hearing shall include:
33a. All pleadings, motions and intermediate rulings.
34b. All evidence received or considered and all other
35submissions.
-17- 1c. A statement of all matters officially noticed.
2d. All questions and offers of proof, objections and rulings
3thereon.
4e. All findings and exceptions.
5f. Any decision, opinion, or conclusion by the board.
6g. Findings of fact shall be based solely on the evidence in
7the record and on matters officially noticed in the record.
89. The decision of the board shall be in writing and shall
9include findings of fact and conclusions of law, separately
10stated. Findings of fact, if set forth in statutory language,
11shall be accompanied by a concise and explicit statement of
12the underlying facts supporting the findings. Each conclusion
13of law shall be supported by cited authority or by reasoned
14opinion.
1510. When the board has reached a decision, opinion, or
16conclusion, it shall convene in open meeting and by roll
17call vote determine the continuance or discontinuance of the
18teacher’s contract and, if the board votes to continue the
19teacher’s contract, whether to suspend the teacher with or
20without pay for a period specified by the board. The record
21of the private conference and findings of fact and exceptions
22shall be exempt from the provisions of chapter 22. The
23secretary of the board shall immediately mail notice of the
24board’s action to the teacher.
25 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to
26adjudicator.
271. If the teacher is no longer a probationary teacher, the
28teacher may, within ten days, appeal the determination of the
29board to an adjudicator by filing a notice of appeal with the
30secretary of the board. The notice of appeal shall contain a
31concise statement of the action which is the subject of the
32appeal, the particular board action appealed from, the grounds
33on which relief is sought and the relief sought.
342. Within five days following receipt by the secretary
35of the notice of appeal, the board or the board’s legal
-18-1representative, if any, and the teacher or the teacher’s
2representative, if any, may select an adjudicator who resides
3within the boundaries of the merged area in which the school
4district is located. If an adjudicator cannot be mutually
5agreed upon within the five-day period, the secretary shall
6notify the chairperson of the public employment relations board
7by transmitting the notice of appeal, and the chairperson of
8the public employment relations board shall within five days
9provide a list of five adjudicators to the parties. Within
10three days from receipt of the list of adjudicators, the
11parties shall select an adjudicator by alternately removing a
12name from the list until only one name remains. The person
13whose name remains shall be the adjudicator. The parties shall
14determine by lot which party shall remove the first name from
15the list submitted by the chairperson of the public employment
16relations board. The secretary of the board shall inform the
17chairperson of the public employment relations board of the
18name of the adjudicator selected.
193. If the teacher does not timely request an appeal to an
20adjudicator, the decision, opinion, or conclusion of the board
21shall become final and binding.
224. a. Within thirty days after filing the notice of appeal,
23or within further time allowed by the adjudicator, the board
24shall transmit to the adjudicator the original or a certified
25copy of the entire record of the private hearing which may be
26the subject of the petition. By stipulation of the parties
27to review the proceedings, the record of the case may be
28shortened. The adjudicator may require or permit subsequent
29corrections or additions to the shortened record.
30b. The record certified and filed by the board shall be the
31record upon which the appeal shall be heard and no additional
32evidence shall be heard by the adjudicator. In such appeal to
33the adjudicator, especially when considering the credibility
34of witnesses, the adjudicator shall give weight to the fact
35findings of the board but shall not be bound by them.
-19- 15. Before the date set for hearing a petition for review
2of board action, which shall be within ten days after
3receipt of the record unless otherwise agreed or unless the
4adjudicator orders additional evidence be taken before the
5board, application may be made to the adjudicator for leave to
6present evidence in addition to that found in the record of the
7case. If it is shown to the adjudicator that the additional
8evidence is material and that there were good reasons for
9failure to present it in the private hearing before the board,
10the adjudicator may order that the additional evidence be taken
11before the board upon conditions determined by the adjudicator.
12The board may modify its findings and decision in the case by
13reason of the additional evidence and shall file that evidence
14and any modifications, new findings, or decisions, with the
15adjudicator and mail copies of the new findings or decisions
16to the teacher.
176. The adjudicator may affirm board action or remand to the
18board for further proceedings. The adjudicator shall reverse,
19modify, or grant any appropriate relief from the board action
20if substantial rights of the teacher have been prejudiced
21because the board action is any of the following:
22a. In violation of a board rule or policy or contract.
23b. Unsupported by a preponderance of the competent evidence
24in the record made before the board when that record is viewed
25as a whole.
26c. Unreasonable, arbitrary or capricious or characterized
27by an abuse of discretion or a clearly unwarranted exercise of
28discretion.
297. The adjudicator shall, within fifteen days after the
30hearing, make a decision and shall give a copy of the decision
31to the teacher and the secretary of the board. The decision
32of the adjudicator shall become the final and binding decision
33of the board unless either party within ten days notifies the
34secretary of the board that the decision is rejected. The
35board may reject the decision by majority roll call vote, in
-20-1open meeting, entered into the minutes of the meeting. The
2board shall immediately notify the teacher of its decision
3by certified mail. The teacher may reject the adjudicator’s
4decision by notifying the board’s secretary in writing within
5ten days of the filing of such decision.
68. All costs of the adjudicator shall be shared equally by
7the teacher and the board.
8 Sec. 35. Section 279.18, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
10279.18 Appeal by either party to court.
111. If either party rejects the adjudicator’s decision,
12the rejecting party shall, within thirty days of the initial
13filing of such decision, appeal to the district court of
14the county in which the administrative office of the school
15district is located. The notice of appeal shall be immediately
16mailed by certified mail to the other party. The adjudicator
17shall transmit to the reviewing court the original or a
18certified copy of the entire record which may be the subject
19of the petition. By stipulation of all parties to the review
20proceedings, the record of such a case may be shortened. A
21party unreasonably refusing to stipulate to limit the record
22may be taxed by the court for the additional cost. The court
23may require or permit subsequent corrections or additions to
24the shortened record.
252. In proceedings for judicial review of the adjudicator’s
26decision, the court shall not hear any further evidence
27but shall hear the case upon the certified record. In such
28judicial review, especially when considering the credibility of
29witnesses, the court shall give weight to the fact findings of
30the board but shall not be bound by them. The court may affirm
31the adjudicator’s decision or remand to the adjudicator or the
32board for further proceedings upon conditions determined by the
33court. The court shall reverse, modify, or grant any other
34appropriate relief from the board decision or the adjudicator’s
35decision equitable or legal and including declaratory relief
-21-1if substantial rights of the petitioner have been prejudiced
2because the action is any of the following:
3a. In violation of constitutional or statutory provisions.
4b. In excess of the statutory authority of the board or the
5adjudicator.
6c. In violation of a board rule or policy or contract.
7d. Made upon unlawful procedure.
8e. Affected by other error of law.
9f. Unsupported by a preponderance of the competent evidence
10in the record made before the board and the adjudicator when
11that record is viewed as a whole.
12g. Unreasonable, arbitrary or capricious or characterized
13by an abuse of discretion or a clearly unwarranted exercise of
14discretion.
153. An aggrieved or adversely affected party to the judicial
16review proceeding may obtain a review of any final judgment of
17the district court by appeal to the supreme court. The appeal
18shall be taken as in other civil cases, although the appeal may
19be taken regardless of the amount involved.
204. For purposes of this section, unless the context
21otherwise requires, “rejecting party” shall include but not be
22limited to an instructor employed by a community college.
23 Sec. 36. Section 279.19, Code 2023, is amended by striking
24the section and inserting in lieu thereof the following:
25279.19 Probationary period.
261. The first three consecutive years of employment of
27a teacher in the same school district are a probationary
28period. However, if the teacher has successfully completed a
29probationary period of employment for another school district
30located in Iowa, the probationary period in the current
31district of employment shall not exceed one year. A board of
32directors may waive the probationary period for any teacher who
33previously has served a probationary period in another school
34district and the board may extend the probationary period for
35an additional year with the consent of the teacher.
-22- 12. a. In the case of the termination of a probationary
2teacher’s contract, the provisions of sections 279.15 and
3279.16 shall apply. However, if the probationary teacher is a
4beginning teacher who fails to demonstrate competence in the
5Iowa teaching standards in accordance with chapter 284, the
6provisions of sections 279.17 and 279.18 shall also apply.
7b. The board’s decision shall be final and binding unless
8the termination was based upon an alleged violation of a
9constitutionally guaranteed right of the teacher or an alleged
10violation of public employee rights of the teacher under
11section 20.10.
123. Notwithstanding any provision to the contrary, the
13grievance procedures of section 20.18 relating to job
14performance or job retention shall not apply to a teacher
15during the first two years of the teacher’s probationary
16period. However, this subsection shall not apply to a teacher
17who has successfully completed a probationary period in a
18school district in Iowa.
19 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code
202023, are amended to read as follows:
211. School districts employing individuals to coach
22interscholastic athletic sports shall issue a separate
23extracurricular contract for each of these sports. An
24extracurricular contract offered under this section shall be
25separate from the contract issued under section 279.13. Wages
26for employees who coach these sports shall be paid pursuant
27to established or negotiated supplemental pay schedules.
28 An extracurricular contract shall be in writing, and shall
29state the number of contract days for that sport, the annual
30compensation to be paid, and any other matters as may be
31mutually agreed upon. The contract shall be for a single
32school year.
332. a. An extracurricular contract shall be continued
34automatically in force and effect for equivalent periods,
35except as modified or terminated by mutual agreement of
-23-1the board of directors and the employee, or terminated in
2accordance with this section. An extracurricular contract
3shall initially be offered by the employing board to an
4individual on the same date that contracts are offered to
5teachers under section 279.13. An extracurricular contract
6may be terminated at the end of a school year pursuant to
7sections 279.15 through 279.19.If the school district offers
8an extracurricular contract for a sport for the subsequent
9school year to an employee who is currently performing
10under an extracurricular contract for that sport, and the
11employee does not wish to accept the extracurricular contract
12for the subsequent year, the employee may resign from the
13extracurricular contract within twenty-one days after it has
14been received.
15b. If the provisions of an extracurricular contract executed
16under this section conflict with a collective bargaining
17agreement negotiated under chapter 20 and effective when the
18extracurricular contract is executed or renewed, the provisions
19of the collective bargaining agreement shall prevail Section
20279.13, subsection 3, applies to this section.
217. An extracurricular contract may be terminated prior to
22the expiration of that contract for any lawful reason following
23an informal, private hearing before the board of directors
24 pursuant to section 279.27. The decision of the board to
25terminate an extracurricular contract shall be final.
268. a. A termination proceeding regarding an extracurricular
27contract shall either by the board pursuant to subsection 2 or
28pursuant to section 279.27 does not affect a contract issued
29pursuant to section 279.13.
30b. A termination of a contract entered into pursuant to
31section 279.13, or a resignation from that contract by the
32teacher, constitutes an automatic termination or resignation of
33the extracurricular contract in effect between the same teacher
34and the employing school board.
35 Sec. 38. Section 279.23, subsection 1, paragraph c, Code
-24-12023, is amended to read as follows:
2c. The rate of compensation per week of five consecutive
3days or month of four consecutive weeks.
4 Sec. 39. Section 279.23, subsection 5, Code 2023, is amended
5to read as follows:
65. Notwithstanding the other provisions of this section,
7a temporary contract may be issued to an administrator for
8up to nine months. Notwithstanding the other provisions of
9this section, a temporary contract may also be issued to
10an administrator to fill a vacancy created by a leave of
11absence in accordance with the provisions of section 29A.28,
12which contract shall automatically terminate upon return from
13military leave of the former incumbent of the administrator
14position. Temporary contracts and which contract shall not be
15subject to the provisions of sections 279.24 and 279.25.
16 Sec. 40. Section 279.24, subsections 2 and 4, Code 2023, are
17amended to read as follows:
182. If the board of directors is considering termination of
19an administrator’s contract, prior to any formal action, the
20board may arrange to meet in closed session, in accordance with
21the provisions of section 21.5, with the administrator and the
22administrator’s representative. The board shall review the
23administrator’s evaluation, review the reasons for nonrenewal,
24and give the administrator an opportunity to respond. If,
25following the closed session, the board of directors and the
26administrator are unable to mutually agree to a modification
27or termination of the administrator’s contract, or the board
28of directors may issue and the administrator are unable to
29mutually agree to enter into a one-year, nonrenewable contract,
30 to the administrator. If the board of directors decides to
31terminate the administrator’s contract, the board shall follow
32the procedures in this section.
334. Administrators employed in a school district for
34less than three two consecutive years are probationary
35administrators. However, a school board may waive the
-25-1probationary period for any administrator who has previously
2served a probationary period in another school district and
3the school board may extend the probationary period for an
4additional year with the consent of the administrator. If a
5school board determines that it should terminate a probationary
6administrator’s contract, the school board shall notify the
7administrator not later than May 15 that the contract will not
8be renewed beyond the current year. The notice shall be in
9writing by letter, personally delivered, or mailed by certified
10mail. The notification shall be complete when received by the
11administrator. Within ten days after receiving the notice, the
12administrator may request a private conference with the school
13board to discuss the reasons for termination. The school
14board’s decision to terminate a probationary administrator’s
15contract shall be final unless the termination was based upon
16an alleged violation of a constitutionally guaranteed right of
17the administrator.
18 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e,
19f, g, and h, Code 2023, are amended to read as follows:
20c. Within five days after receipt of the written notice
21that the school board has voted to consider termination of
22the contract, the administrator may request a private hearing
23 in writing to the secretary of the school board. The board
24shall then forward that the notification be forwarded to the
25board of educational examiners along with a request that the
26board of educational examiners submit a list of five qualified
27administrative law judges to the parties. Within three
28days from receipt of the list the parties shall select an
29administrative law judge by alternately removing a name from
30the list until only one name remains. The person whose name
31remains shall be the administrative law judge. The parties
32shall determine by lot which party shall remove the first
33name from the list. The private hearing shall be held no
34sooner than twenty ten days and not later than forty thirty
35 days following the administrator’s request unless the parties
-26-1otherwise agree. If the administrator does not request a
2private hearing, the school board, not later than May 31, may
3determine the continuance or discontinuance of the contract
4and, if the board determines to continue the administrator’s
5contract, whether to suspend the administrator with or without
6pay for a period specified by the board. School board action
7shall be by majority roll call vote entered on the minutes of
8the meeting. Notice of school board action shall be personally
9delivered or mailed to the administrator.
10d. The administrative law judge selected shall notify
11the secretary of the school board and the administrator in
12writing concerning the date, time, and location of the private
13hearing. The school board may be represented by a legal
14representative, if any, and the administrator shall appear and
15may be represented by counsel or by representative, if any.
16Any witnesses for the parties at the private hearing shall be
17sequestered. A transcript or recording shall be made of the
18proceedings at the private hearing. A school board member or
19administrator is not liable for any damage to an administrator
20or school board member if a statement made at the private
21 hearing is determined to be erroneous as long as the statement
22was made in good faith.
23e. The administrative law judge shall, within ten days
24following the date of the private hearing, make a proposed
25decision as to whether or not the administrator should be
26dismissed, and shall give a copy of the proposed decision to
27the administrator and the school board. Findings of fact shall
28be prepared by the administrative law judge. The proposed
29decision of the administrative law judge shall become the final
30decision of the school board unless within thirty ten days
31after the filing of the decision the administrator files a
32written notice of appeal with the school board, or the school
33board on its own motion determines to review the decision.
34f. If the administrator appeals to the school board, or if
35the school board determines on its own motion to review the
-27-1proposed decision of the administrative law judge, a private
2hearing shall be held before the school board within ten five
3 days after the petition for review, or motion for review, has
4been made or at such other time as the parties agree. The
5private hearing is not subject to chapter 21. The school board
6may hear the case de novo upon the record as submitted before
7the administrative law judge. In cases where there is an
8appeal from a proposed decision or where a proposed decision
9is reviewed on motion of the school board, an opportunity
10shall be afforded to each party to file exceptions, present
11briefs, and present oral arguments to the school board which
12is to render the final decision. The secretary of the school
13board shall give the administrator written notice of the time,
14place, and date of the private hearing. The school board shall
15meet within five days after the private hearing to determine
16the question of continuance or discontinuance of the contract
17and, if the board determines to continue the administrator’s
18contract, whether to suspend the administrator with or
19without pay for a period specified by the board or issue the
20administrator a one-year, nonrenewable contract. The school
21board shall make findings of fact which shall be based solely
22on the evidence in the record and on matters officially noticed
23in the record.
24g. The decision of the school board shall be in writing
25and shall include finding of fact and conclusions of law,
26separately stated. Findings of fact, if set forth in statutory
27language, shall be accompanied by a concise and explicit
28statement of the underlying facts supporting the findings.
29Each conclusion of law shall be supported by cited authority
30or by reasoned opinion.
31h. When the school board has reached a decision, opinion,
32or conclusion, it shall convene in open meeting and by roll
33call vote determine the continuance or discontinuance of
34the administrator’s contract and, if the board votes to
35continue the administrator’s contract, whether to suspend the
-28-1administrator with or without pay for a period specified by
2the board or issue the administrator a one-year, nonrenewable
3contract. The record of the private hearing conference and
4written decision of the board findings of fact and exceptions
5 shall be exempt from the provisions of chapter 22. The
6secretary of the school board shall immediately personally
7deliver or mail notice of the school board’s action to the
8administrator.
9 Sec. 42. Section 279.27, Code 2023, is amended to read as
10follows:
11279.27 Discharge of teacher.
121. A teacher may be discharged at any time during the
13contract year for just cause. The superintendent or the
14superintendent’s designee, shall notify the teacher immediately
15that the superintendent will recommend in writing to the board
16at a regular or special meeting of the board held not more
17than fifteen days after notification has been given to the
18teacher that the teacher’s continuing contract be terminated
19effective immediately following a decision of the board.
20The procedure for dismissal shall be as provided in section
21279.15, subsection 2, and sections 279.16 through 279.19. The
22superintendent may suspend a teacher under this section pending
23hearing and determination by the board.
242. For purposes of this section, “just cause” includes
25but is not limited to a violation of the code of professional
26conduct and ethics of the board of educational examiners if
27the board has taken disciplinary action against a teacher,
28during the six months following issuance by the board of a
29final written decision and finding of fact after a disciplinary
30proceeding.
31 Sec. 43. Section 284.3, subsection 2, Code 2023, is amended
32to read as follows:
332. A school board shall provide for the following:
34a. For purposes of comprehensive evaluations, standards
35and criteria which measure a beginning teacher’s performance
-29-1against the Iowa teaching standards specified in subsection 1,
2and the criteria for the Iowa teaching standards developed by
3the department in accordance with section 256.9, to determine
4whether the teacher’s practice meets the requirements specified
5for a career teacher. These standards and criteria shall be
6set forth in an instrument provided by the department. The
7comprehensive evaluation and instrument are not subject to
8negotiations or grievance procedures pursuant to chapter 20 or
9determinations made by the board of directors under section
10279.14. A local school board and its certified bargaining
11representative may negotiate, pursuant to chapter 20,
12evaluation and grievance procedures for beginning teachers that
13are not in conflict with this chapter. If, in accordance with
14section 279.19, a beginning teacher appeals the determination
15of a school board to an adjudicator under section 279.17, the
16adjudicator selected shall have successfully completed training
17related to the Iowa teacher standards, the criteria adopted
18by the state board in accordance with subsection 3, and any
19additional training required under rules adopted by the public
20employment relations board in cooperation with the state board.
21b. For purposes of performance reviews for teachers other
22than beginning teachers, evaluations that contain, at a
23minimum, the Iowa teaching standards specified in subsection
241, as well as the criteria for the Iowa teaching standards
25developed by the department in accordance with section
26256.9, subsection 42. A local school board and its certified
27bargaining representative may negotiate, pursuant to chapter
2820, additional teaching standards and criteria. A local
29school board and its certified bargaining representative shall
30negotiate, pursuant to chapter 20, evaluation and grievance
31procedures for teachers other than beginning teachers that are
32not in conflict with this chapter.
33 Sec. 44. Section 284.4, subsection 1, paragraph b,
34subparagraphs (2) and (5), Code 2023, are amended to read as
35follows:
-30- 1(2) Monitor the evaluation requirements of this chapter
2to ensure evaluations are conducted in a fair and consistent
3manner throughout the school district or agency. The committee
4shall In addition to any negotiated evaluation procedures,
5 develop model evidence for the Iowa teaching standards and
6criteria. The model evidence will minimize paperwork and focus
7on teacher improvement. The model evidence will determine
8which standards and criteria can be met with observation and
9which evidence meets multiple standards and criteria.
10(5) Determine Ensure the agreement negotiated pursuant to
11chapter 20 determines the compensation for teachers on the
12committee for work responsibilities required beyond the normal
13work day.
14 Sec. 45. Section 284.8, subsections 2 and 3, Code 2023, are
15amended to read as follows:
162. If a supervisor or an evaluator determines, at any time,
17as a result of a teacher’s performance that the teacher is not
18meeting district expectations under the Iowa teaching standards
19specified in section 284.3, subsection 1, paragraphs “a”
20through “h”, and the criteria for the Iowa teaching standards
21developed by the department in accordance with section 256.9,
22subsection 42, and any other standards or criteria established
23in the collective bargaining agreement, the evaluator shall,
24at the direction of the teacher’s supervisor, recommend to
25the district that the teacher participate in an intensive
26assistance program. The intensive assistance program and its
27implementation are not subject to negotiation and grievance
28procedures established pursuant to chapter 20. All school
29districts shall be prepared to offer an intensive assistance
30program.
313. A teacher who is not meeting the applicable standards and
32criteria based on a determination made pursuant to subsection 2
33shall participate in an intensive assistance program. However,
34a teacher who has previously participated in an intensive
35assistance program relating to particular Iowa teaching
-31-1standards or criteria shall not be entitled to participate
2in another intensive assistance program relating to the same
3standards or criteria and shall be subject to the provisions of
4subsection 4.
5 Sec. 46. Section 284.8, Code 2023, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 2A. If a teacher is denied advancement
8to the career II or advanced teacher level based upon a
9performance review, the teacher may appeal the decision to an
10adjudicator under the process established under section 279.17.
11However, the decision of the adjudicator is final.
12 Sec. 47. Section 284.8, subsection 4, Code 2023, is amended
13by striking the subsection.
14 Sec. 48. EFFECTIVE DATE. This division of this Act, being
15deemed of immediate importance, takes effect upon enactment.
16 Sec. 49. APPLICABILITY. This division of this Act applies
17to employment contracts of school employees entered into
18pursuant to chapter 279 on and after the effective date of
19this division of this Act. This division of this Act does
20not apply to collective bargaining agreements which have been
21ratified in a ratification election referred to in section
2220.17, subsection 4, for which an arbitrator has made a final
23determination as described in section 20.22, subsection 11,
24or which have become effective, where such events occurred
25before the effective date of this division of this Act. This
26division of this Act applies to all collective bargaining
27procedures provided for in chapter 20 occurring on and after
28the effective date of this division of this Act and collective
29bargaining agreements pursuant to chapter 20 for which a
30ratification election referred to in section 20.17, subsection
314, is held, for which an arbitrator makes a final determination
32as described in section 20.22, subsection 11, or which become
33effective on or after the effective date of this division of
34this Act.
35DIVISION III
-32-1PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
2 Sec. 50. Section 22.7, subsection 11, paragraph a,
3subparagraph (5), Code 2023, is amended to read as follows:
4(5) The fact that the individual resigned in lieu of
5termination, was discharged, or was demoted as the result of
6a final disciplinary action, and the documented reasons and
7rationale for the resignation in lieu of termination, the
8discharge, or the demotion. For purposes of this subparagraph,
9“demoted” and “demotion” mean a change of an employee from
10a position in a given classification to a position in a
11classification having a lower pay grade upon the exhaustion of
12all applicable contractual, legal, and statutory remedies.
13 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2023, are
14repealed.
15 Sec. 52. EFFECTIVE DATE. This division of this Act, being
16deemed of immediate importance, takes effect upon enactment.
17 Sec. 53. APPLICABILITY. This division of this Act applies
18to requests for records pursuant to chapter 22 submitted on or
19after the effective date of this division of this Act.
20DIVISION IV
21CITY CIVIL SERVICE REQUIREMENTS
22 Sec. 54. Section 400.12, subsection 4, Code 2023, is amended
23by striking the subsection.
24 Sec. 55. Section 400.17, subsection 4, Code 2023, is amended
25to read as follows:
264. A person shall not be appointed, denied appointment,
27promoted, removed, discharged, suspended, or demoted to or
28from a civil service position or in any other way favored or
29discriminated against in that position because of political
30or religious opinions or affiliations, race, national origin,
31sex, or age, or in retaliation for the exercise of any right
32enumerated in this chapter. However, the maximum age for a
33police officer or fire fighter covered by this chapter and
34employed for police duty or the duty of fighting fires is
35sixty-five years of age.
-33-1 Sec. 56. Section 400.18, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3400.18 Removal, demotion, or suspension.
41. A person holding civil service rights as provided in
5this chapter shall not be removed, demoted, or suspended
6arbitrarily, except as otherwise provided in this chapter, but
7may be removed, demoted, or suspended after a hearing by a
8majority vote of the civil service commission, for neglect of
9duty, disobedience, misconduct, or failure to properly perform
10the person’s duties.
112. The party alleging neglect of duty, disobedience,
12misconduct, or failure to properly perform a duty shall have
13the burden of proof.
143. A person subject to a hearing has the right to be
15represented by counsel at the person’s expense or by the
16person’s authorized collective bargaining representative.
17 Sec. 57. Section 400.19, Code 2023, is amended to read as
18follows:
19400.19 Removal, or discharge, demotion, or suspension of
20subordinates.
21The person having the appointing power as provided in
22this chapter, or the chief of police or chief of the fire
23department, may, upon presentation of grounds for such action
24to the subordinate in writing, peremptorily remove, discharge,
25demote, or suspend, demote, or discharge a subordinate then
26under the person’s or chief’s direction due to any act or
27failure to act by the employee that is in contravention of law,
28city policies, or standard operating procedures, or that in
29the judgment of the person or chief is sufficient to show that
30the employee is unsuitable or unfit for employment for neglect
31of duty, disobedience of orders, misconduct, or failure to
32properly perform the subordinate’s duties.
33 Sec. 58. Section 400.20, Code 2023, is amended to read as
34follows:
35400.20 Appeal.
-34- 1The removal, discharge suspension, demotion, or suspension
2 discharge of a person holding civil service rights may be
3appealed to the civil service commission within fourteen
4calendar days after the removal, discharge suspension,
5demotion, or suspension discharge.
6 Sec. 59. Section 400.21, Code 2023, is amended to read as
7follows:
8400.21 Notice of appeal.
9If the appeal be taken by the person removed, discharged
10 suspended, demoted, or suspended discharged, notice of the
11appeal, signed by the appellant and specifying the ruling
12appealed from, shall be filed with the clerk of the commission.
13If the appeal is taken by the person making such removal,
14discharge suspension, demotion, or suspension discharge, such
15notice shall also be served upon the person removed, discharged
16 suspended, demoted, or suspended discharged.
17 Sec. 60. Section 400.22, Code 2023, is amended to read as
18follows:
19400.22 Charges.
20Within fourteen calendar days from the service of the notice
21of appeal, the person or body making the ruling appealed
22from shall file with the body to which the appeal is taken a
23written specification of the charges and grounds upon which the
24ruling was based. If the charges are not filed, the person
25removed, suspended or discharged, demoted, or suspended may
26present the matter to the body to whom the appeal is to be
27taken by affidavit, setting forth the facts, and the body to
28whom the appeal is to be taken shall immediately enter an
29order reinstating the person removed, suspended or discharged,
30demoted, or suspended for want of prosecution.
31 Sec. 61. Section 400.27, subsection 3, Code 2023, is amended
32to read as follows:
333. The city or any civil service employee shall have a
34right to appeal to the district court from the final ruling or
35decision of the civil service commission. The appeal shall be
-35-1taken within thirty days from the filing of the formal decision
2of the commission. The district court of the county in which
3the city is located shall have full jurisdiction of the appeal.
4The scope of review for the appeal shall be limited to de novo
5appellate review without a trial or additional evidence The
6appeal shall be a trial de novo as an equitable action in the
7district court.
8 Sec. 62. Section 400.28, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
10400.28 Employees — number diminished.
111. When the public interest requires a diminution of
12employees in a classification or grade under civil service,
13the city council, acting in good faith, may do either of the
14following:
15a. Abolish the office and remove the employee from the
16employee’s classification or grade thereunder.
17b. Reduce the number of employees in any classification or
18grade by suspending the necessary number.
192. In case it thus becomes necessary to so remove or suspend
20any such employees, the persons so removed or suspended shall
21be those having seniority of the shortest duration in the
22classifications or grades affected, and such seniority shall be
23computed as provided in section 400.12 for all persons holding
24seniority in the classification or grade affected, regardless
25of their seniority in any other classification or grade, but
26any such employee so removed from any classification or grade
27shall revert to the employee’s seniority in the next lower
28grade or classification; if such seniority is equal, then the
29one less efficient and competent as determined by the person or
30body having the appointing power shall be the one affected.
313. In case of removal or suspension, the civil service
32commission shall issue to each person affected one certificate
33showing the person’s comparative seniority or length of service
34in each of the classifications or grades from which the person
35is so removed and the fact that the person has been honorably
-36-1removed. The certificate shall also list each classification
2or grade in which the person was previously employed. The
3person’s name shall be carried for a period of not less than
4three years after the suspension or removal on a preferred list
5and appointments or promotions made during that period to the
6person’s former duties in the classification or grade shall
7be made in the order of greater seniority from the preferred
8lists.
9 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority
10rights of any civil service employee extinguished pursuant to
11section 400.12, subsection 4, on or after February 17, 2017,
12are hereby reestablished, including accrual of seniority during
13the period of extinguishment.
14 Sec. 64. EFFECTIVE DATE. This division of this Act, being
15deemed of immediate importance, takes effect upon enactment.
16 Sec. 65. APPLICABILITY. This division of this Act applies
17to employment actions taken on or after the effective date of
18this division of this Act.
19DIVISION V
20HEALTH INSURANCE MATTERS
21 Sec. 66. REPEAL. Section 70A.41, Code 2023, is repealed.
22 Sec. 67. EFFECTIVE DATE. This division of this Act, being
23deemed of immediate importance, takes effect upon enactment.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to employment matters involving public
28employees including collective bargaining, educator employment
29matters, personnel records and settlement agreements, city
30civil service requirements, and health insurance matters. The
31bill generally strikes statutory changes made by 2017 Iowa
32Acts, House File 291, and restores statutory language in effect
33prior to the enactment of 2017 Iowa Acts, House File 291.
34DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
35 This division makes a variety of changes to Code chapter
-37-120, the public employment relations Act, as well as other
2Code provisions relating to collective bargaining by public
3employees.
4ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
5CATEGORIES. The division eliminates public safety employees
6and transit employees as separate categories of employees for
7the purposes of public employee collective bargaining, making
8affected provisions of Code chapter 20 applicable to all public
9employees governed by Code chapter 20.
10SCOPE OF NEGOTIATIONS. The division makes changes to
11subjects which are negotiated through collective bargaining
12between public employers and public employees under Code
13section 20.9.
14The division provides that the scope of negotiations for
15all public employees shall consist of wages, hours, vacations,
16insurance, holidays, leaves of absence, shift differentials,
17overtime compensation, supplemental pay, seniority, transfer
18procedures, job classifications, health and safety matters,
19evaluation procedures, procedures for staff reduction,
20in-service training, dues checkoff, grievance procedures for
21resolving any questions arising under the agreement, and
22other matters mutually agreed upon. The division provides
23that retirement systems shall be excluded from the scope of
24negotiations.
25The division strikes language providing that mandatory
26subjects of negotiation under Code section 20.9 shall be
27interpreted narrowly and restrictively. The division strikes
28language limiting the term of a collective bargaining agreement
29entered into pursuant to Code chapter 20 to a maximum of five
30years.
31ARBITRATION PROCEDURES. The division makes changes to the
32procedures for arbitration of impasses in collective bargaining
33between public employers and public employees under Code
34section 20.22.
35The division modifies the factors that an arbitrator is
-38-1required to consider in addition to any other relevant factors
2in making a final determination on an impasse item. The
3division requires an arbitrator to consider past collective
4bargaining contracts between the parties including the
5bargaining that led up to such contracts; comparison of wages,
6hours, and conditions of employment of the involved public
7employees with those of other public employees doing comparable
8work, giving consideration to factors peculiar to the area and
9the classifications involved; the interests and welfare of the
10public, the ability of the public employer to finance economic
11adjustments, and the effect of such adjustments on the normal
12standard of services; and the power of the public employer
13to levy taxes and appropriate funds for the conduct of its
14operations.
15The division strikes language permitting the parties to
16agree to change the four-day deadline to serve final offers on
17impasse items after a request for arbitration is received.
18The division strikes language prohibiting the parties to an
19arbitration from introducing, and the arbitrator from accepting
20or considering, any direct or indirect evidence regarding any
21subject excluded from negotiations pursuant to Code section
2220.9.
23The division strikes language providing for a maximum
24increase in base wages in an arbitrator’s award.
25PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
26public employee elections conducted pursuant to Code section
2720.15.
28The division strikes language providing for retention and
29recertification elections and requires the public employment
30relations board (PERB) to cancel any such elections scheduled
31or in process. The division requires the PERB to consider a
32petition for certification of an employee organization as the
33exclusive representative of a bargaining unit for which an
34employee organization was not retained and recertified as the
35exclusive representative of that bargaining unit regardless of
-39-1the amount of time that has elapsed since the retention and
2recertification election, notwithstanding prior requirements
3prohibiting such consideration for two years.
4The division provides that the outcome of a certification
5or decertification election is determined by a majority vote
6of the members of the bargaining unit voting, rather than the
7total membership of the bargaining unit. The division provides
8for a runoff election if none of the choices on the ballot in a
9certification election receives a majority vote of the members
10of the bargaining unit voting.
11The division lowers the required percentage of support
12from employees in a bargaining unit required for an employee
13organization that did not submit a petition for certification
14as the exclusive bargaining representative of a bargaining unit
15to be listed on the ballot for a certification election from 30
16percent to 10 percent.
17The division strikes language prohibiting the PERB from
18considering a petition for certification as the exclusive
19bargaining representative of a bargaining unit unless a
20period of two years has elapsed from the date of the last
21certification election in which an employee organization
22was not certified as the exclusive representative of that
23bargaining unit or of the last decertification election in
24which an employee organization was decertified as the exclusive
25representative of that bargaining unit. The division prohibits
26the PERB from considering a petition for certification as the
27exclusive bargaining representative of a bargaining unit for
28one year after the employee organization is not certified in a
29certification election. The division makes additional changes
30relating to the scheduling of decertification elections.
31EMPLOYEE ORGANIZATION DUES. The division strikes a
32prohibition on public entities authorizing or administering
33a deduction from the salaries or wages of its employees for
34membership dues to an employee organization. The division
35provides procedures for administering such dues deductions.
-40- 1PERB DUTIES. The division provides that the PERB may
2interpret and apply, as well as administer, Code chapter 20.
3The division strikes language permitting the PERB to
4appoint a certified shorthand reporter to report state employee
5grievance and discipline resolution proceedings, to contract
6with a vendor to conduct elections, to establish fees to cover
7the cost of elections, and to retain certain funds collected by
8the PERB as repayment receipts.
9STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
10GUBERNATORIAL ELECTION YEAR. The division strikes language
11providing for modified collective bargaining procedures for a
12proposed, statewide collective bargaining agreement to become
13effective in the year following a general election in which the
14governor and certain other elected officials are elected.
15CONFIDENTIAL RECORDS. The division strikes language
16providing that certain information relating to elections
17conducted by the PERB is a confidential record under Code
18chapter 22, the state open records law.
19MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
20COLLECTIVE BARGAINING. The division strikes a definition of
21“supplemental pay”.
22The division strikes language providing that a public
23employer has the right to evaluate public employees in
24positions within the public agency. The division strikes
25language providing that a public employee has the right under
26Code section 20.8 to exercise any right or seek any remedy
27provided by law, including but not limited to Code sections
2870A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
29chapters 216 and 400.
30The division transfers language in Code section 20.10
31prohibiting a public employee or any employee organization
32from negotiating or attempting to negotiate directly with a
33member of the governing board of a public employer if the
34public employer has appointed or authorized a bargaining
35representative for the purpose of bargaining with the public
-41-1employees or their representative to Code section 20.17.
2The division decreases the amount of time before an employee
3organization decertified as the exclusive representative of a
4bargaining unit for violating an injunction against an unlawful
5strike can be certified again from 24 months to 12 months.
6The division strikes language prohibiting voluntary
7contributions by individuals to political parties or candidates
8through payroll deductions.
9The division strikes a requirement that a copy of a final
10collective bargaining agreement be filed with the PERB by
11the public employer within 10 days of the agreement being
12entered into. The division strikes a requirement that the
13PERB maintain an internet site that allows searchable access
14to a database of collective bargaining agreements and other
15collective bargaining information.
16The division changes the period before retirement for a
17prohibited voluntary reduction to a nonsupervisory rank or
18grade by a supervisor and related ineligibility for benefits
19from 36 months to 6 months.
20The division strikes language providing that a mediator
21shall not be required to testify in any arbitration proceeding
22regarding any matters occurring in the course of a mediation.
23The division requires a council, board of waterworks, or
24other board or commission which establishes a pension and
25annuity retirement system pursuant to Code chapter 412 to
26negotiate in good faith with a certified employee organization
27which is the collective bargaining representative of the
28employees, with respect to the amount or rate of the assessment
29on the wages and salaries of employees and the method or
30methods for payment of the assessment by the employees.
31The division makes additional conforming changes.
32TRANSITION PROVISIONS — DEADLINE. The division requires
33parties, mediators, and arbitrators engaging in any collective
34bargaining procedures provided for in Code chapter 20, Code
352023, who have not, before the effective date of the division,
-42-1completed such procedures, to immediately terminate any such
2procedures in process as of the effective date of the division.
3The division provides that a collective bargaining agreement
4negotiated pursuant to such procedures in process shall not
5become effective. The division prohibits parties, mediators,
6and arbitrators from engaging in further collective bargaining
7procedures except as provided in the division. The division
8requires such parties to commence collective bargaining in
9accordance with Code section 20.17, as amended by the division.
10The division requires such parties to complete such bargaining
11not later than June 30, 2023, unless the parties mutually agree
12to a different deadline.
13The division requires the PERB to adopt emergency rules to
14implement these requirements. The division also requires the
15department of administrative services to adopt emergency rules
16to implement the provisions of the division relating to dues
17deductions.
18EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
19takes effect upon enactment.
20With the exception of the section of the division amending
21Code section 20.6, subsection 1, the division does not apply
22to collective bargaining agreements which have been ratified
23in a ratification election, for which an arbitrator has made
24a final determination, or which have become effective, where
25such events occurred before the effective date of the division.
26The division applies to all collective bargaining procedures
27provided for in Code chapter 20 occurring on and after the
28effective date of the division and collective bargaining
29agreements for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
33makes a variety of changes relating to educator employment
34matters.
35TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
-43-1makes various changes relating to the termination of teacher
2employment contracts.
3The division shortens various procedural deadlines
4regarding private hearings held after a superintendent
5recommends termination of a teacher’s employment contract.
6The division makes participation in such a private hearing
7by the superintendent, the superintendent’s designated
8representatives, the teacher’s immediate supervisor, the
9teacher, and the teacher’s representatives mandatory on the
10part of those individuals instead of discretionary. The
11division requires that the school board employ a certified
12shorthand reporter to keep a record of a private hearing.
13The division requires the school board to issue subpoenas
14for witnesses and evidence on behalf of the board and the
15teacher. The division provides for a judicial remedy if a
16witness appears and refuses to testify or to produce required
17books or papers at a private hearing. The division authorizes
18the superintendent and the teacher to file written briefs and
19arguments with the board at the conclusion of the private
20hearing. The division provides deadlines for determining
21the status of the teacher’s contract if the teacher does not
22request a private hearing. The division requires that the
23decision of the board include findings of fact and conclusions
24of law. The division strikes language authorizing a school
25board which votes to continue a teacher’s contract to issue
26the teacher a one-year, nonrenewable contract. The division
27permits a teacher to appeal the board’s determination to an
28adjudicator and provides procedures for such appeals.
29TEACHER PROBATIONARY PERIODS. The division makes various
30changes relating to probationary employment of teachers.
31The division decreases from two years to one year the
32length of a teacher’s probationary employment period in a
33school district if the teacher has successfully completed a
34probationary period of employment for another school district
35located in Iowa.
-44- 1The division provides that requirements for notices of
2termination, private hearings, and appeals applicable to
3nonprobationary teachers whose employment contracts are
4terminated are applicable to probationary teachers whose
5employment contracts are terminated. The division strikes
6alternative procedures for the termination of employment
7contracts of such probationary teachers, including notification
8procedures and the opportunity to request a private conference
9with the school board.
10EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
11 The division makes various changes relating to extracurricular
12interscholastic athletic coach employment contracts.
13The division provides that wages for such coaches shall be
14paid pursuant to established or negotiated supplemental pay
15schedules. The division provides that employment contracts
16of such coaches shall be continued automatically in force and
17effect for equivalent periods and that the termination of such
18contracts follows procedures similar to those used for teacher
19contracts. The division strikes language providing that
20employment contracts of such coaches may be terminated prior to
21their expiration for any lawful reason following an informal,
22private hearing before the school board. The division strikes
23language providing that the decision of the school board to
24terminate such a contract is final.
25SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
26various changes relating to school administrator employment
27matters.
28The division provides that the rate of compensation in an
29administrator’s employment contract must be on a weekly or
30monthly basis.
31The division strikes language authorizing a school board to
32issue a temporary employment contract to an administrator for
33a period of up to nine months.
34The division strikes language authorizing a school board to
35issue a one-year, nonrenewable employment contract and instead
-45-1authorizes a school board considering the termination of an
2administrator’s contract and the administrator to mutually
3agree to enter into such a contract.
4The division decreases the probationary employment period
5for administrators from three years to two years and authorizes
6a school board to waive the probationary period for an
7administrator who previously served a probationary period in
8another school district.
9The division strikes language providing that a hearing
10before an administrative law judge requested by an
11administrator whose employment contract a school board is
12considering terminating shall be a private hearing. The
13division reduces certain procedural deadlines relating to such
14hearings. The division strikes language providing that any
15witnesses for the parties at the hearing shall be sequestered.
16The division requires that the decision of the board include
17findings of fact and conclusions of law. The division strikes
18language authorizing a school board which votes to continue an
19administrator’s contract to issue the administrator a one-year,
20nonrenewable contract.
21INTENSIVE ASSISTANCE PROGRAMS. The division makes various
22changes relating to intensive assistance programs.
23The division strikes language providing that a teacher who
24has previously participated in an intensive assistance program
25relating to particular Iowa teaching standards or criteria
26shall not be entitled to participate in another intensive
27assistance program relating to the same standards or criteria.
28The division strikes language providing that following a
29teacher’s participation in an intensive assistance program, the
30teacher shall be reevaluated to determine whether the teacher
31successfully completed the intensive assistance program and
32is meeting district expectations under the applicable Iowa
33teaching standards or criteria. The division strikes language
34providing that if the teacher did not successfully complete
35the intensive assistance program or continues not to meet the
-46-1applicable Iowa teaching standards or criteria, the board may
2initiate procedures to terminate the teacher’s employment
3contract immediately or at the end of the school year or may
4continue the teacher’s contract for a period not to exceed one
5year on a nonrenewable basis and without the right to a private
6hearing.
7MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
8MATTERS. The division strikes language authorizing a school
9board to issue a temporary employment contract to a teacher for
10a period of up to six months.
11The division strikes language providing that just cause
12for which a teacher may be discharged at any time during the
13contract year under Code section 279.27 includes but is not
14limited to a violation of the code of professional conduct
15and ethics of the board of educational examiners if the board
16has taken disciplinary action against a teacher during the
17six months following issuance by the board of a final written
18decision and finding of fact after a disciplinary proceeding.
19The division either authorizes or requires a school board
20and its certified bargaining representative to negotiate
21various matters pursuant to Code chapter 20.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment contracts of school
26employees entered into pursuant to Code chapter 279 on and
27after the effective date of the division. The division does
28not apply to collective bargaining agreements pursuant to Code
29chapter 20 which have been ratified in a ratification election,
30for which an arbitrator has made a final determination, or
31which have become effective, where such events occurred before
32the effective date of the division. The division applies to
33all collective bargaining procedures provided for in Code
34chapter 20 occurring on and after the effective date of the
35division and collective bargaining agreements pursuant to Code
-47-1chapter 20 for which a ratification election is held, for which
2an arbitrator makes a final determination, or which become
3effective on or after the effective date of the division.
4DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
5 This division makes changes relating to public employee
6personnel records and settlement agreements.
7PERSONNEL RECORDS. The division strikes language providing
8that certain information relating to the discipline,
9resignation, discharge, or demotion of a public employee is a
10public record and requiring notice to affected employees.
11PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
12language prohibiting a personnel settlement agreement between
13the state and a state executive branch employee that contains
14confidentiality or nondisclosure provisions that attempt to
15prevent the disclosure of the agreement.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to requests for records submitted on or
19after the effective date of the division.
20DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
21division makes a variety of changes relating to city civil
22service requirements under Code chapter 400.
23SENIORITY RIGHTS. The division strikes language permitting
24a city council to extinguish statutory seniority rights of
25all city civil service employees who are not employed or
26appointed as a fire fighter or police officer, fire chief or
27police chief, or assistant fire chief or assistant police
28chief, unless otherwise provided in a collective bargaining
29agreement. The division reestablishes any such rights so
30extinguished, including accrual of seniority during the period
31of extinguishment.
32ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
33division provides that adverse employment action may be taken
34against a city civil service employee for neglect of duty,
35disobedience, misconduct, or failure to properly perform the
-48-1person’s duties. The division strikes language permitting
2such action to be taken due to any act or failure to act by
3the employee that is in contravention of law, city policies,
4or standard operating procedures, or that in the judgment
5of the person having the appointing power as provided in
6this Code chapter, or the chief of police or chief of the
7fire department, is sufficient to show that the employee is
8unsuitable or unfit for employment.
9The division strikes language providing that the scope of
10review for an appeal to district court from a civil service
11commission shall be limited to de novo appellate review without
12a trial or additional evidence, instead providing that the
13appeal shall be a trial de novo as an equitable action.
14DIMINUTION OF EMPLOYEES. The division provides that a
15diminution of city employees by a city council can only be
16implemented when the public interest requires. The division
17permits a diminution to be carried out either by abolishing
18an office and removing the employee from the employee’s
19classification or grade thereunder, or reducing the number of
20employees in any classification or grade by suspending the
21necessary number. The division provides for such removal to be
22carried out based on seniority and requires that employees so
23removed be placed on a preferred list for at least three years
24for purposes of appointments or promotions made during that
25period to the person’s former duties.
26MISCELLANEOUS PROVISIONS. The division makes changes in
27terminology relating to adverse employment actions for city
28civil service employees.
29The division makes additional conforming changes.
30EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
31takes effect upon enactment.
32The division applies to employment actions taken on or after
33the effective date of the division.
34DIVISION V — HEALTH INSURANCE MATTERS. This division
35strikes a requirement that a public employer shall offer health
-49-1insurance to all permanent, full-time public employees employed
2by the public employer.
3EFFECTIVE DATE. The division takes effect upon enactment.
-50-je/rn
2including collective bargaining, educator employment
3matters, personnel records and settlement agreements, city
4civil service requirements, and health insurance matters,
5and including effective date, applicability, and transition
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2PUBLIC EMPLOYEE COLLECTIVE BARGAINING
3 Section 1. Section 20.3, subsections 11 and 13, Code 2023,
4are amended by striking the subsections.
5 Sec. 2. Section 20.6, subsection 1, Code 2023, is amended
6to read as follows:
71. Administer Interpret, apply, and administer the
8provisions of this chapter.
9 Sec. 3. Section 20.6, subsections 6 and 7, Code 2023, are
10amended by striking the subsections.
11 Sec. 4. Section 20.7, subsection 2, Code 2023, is amended
12to read as follows:
132. Hire, evaluate, promote, demote, transfer, assign, and
14retain public employees in positions within the public agency.
15 Sec. 5. Section 20.8, subsection 5, Code 2023, is amended by
16striking the subsection.
17 Sec. 6. Section 20.9, Code 2023, is amended by striking the
18section and inserting in lieu thereof the following:
1920.9 Scope of negotiations.
201. The public employer and the employee organization
21shall meet at reasonable times, including meetings reasonably
22in advance of the public employer’s budget-making process,
23to negotiate in good faith with respect to wages, hours,
24vacations, insurance, holidays, leaves of absence, shift
25differentials, overtime compensation, supplemental pay,
26seniority, transfer procedures, job classifications, health and
27safety matters, evaluation procedures, procedures for staff
28reduction, in-service training, and other matters mutually
29agreed upon. Negotiations shall also include terms authorizing
30dues checkoff for members of the employee organization and
31grievance procedures for resolving any questions arising under
32the agreement, which shall be embodied in a written agreement
33and signed by the parties. If an agreement provides for dues
34checkoff, a member’s dues may be checked off only upon the
35member’s written request and the member may terminate the dues
-1-1checkoff at any time by giving thirty days’ written notice.
2Such obligation to negotiate in good faith does not compel
3either party to agree to a proposal or make a concession.
42. Nothing in this section shall diminish the authority
5and power of the department of administrative services, board
6of regents’ merit system, Iowa public broadcasting board’s
7merit system, or any civil service commission established by
8constitutional provision, statute, charter, or special act to
9recruit employees, prepare, conduct and grade examinations,
10rate candidates in order of their relative scores for
11certification for appointment or promotion or for other matters
12of classification, reclassification or appeal rights in the
13classified service of the public employer served.
143. All retirement systems shall be excluded from the scope
15of negotiations.
16 Sec. 7. Section 20.10, subsection 3, paragraph j, Code 2023,
17is amended by striking the paragraph.
18 Sec. 8. Section 20.12, subsection 5, Code 2023, is amended
19to read as follows:
205. If an employee organization or any of its officers
21is held to be in contempt of court for failure to comply
22with an injunction pursuant to this section, or is convicted
23of violating this section, the employee organization shall
24be immediately decertified, shall cease to represent the
25bargaining unit, shall cease to receive any dues by checkoff,
26 and may again be certified only after twenty-four twelve months
27have elapsed from the effective date of decertification and
28only if after a new petition for certification pursuant to
29 compliance with section 20.14 is filed and a new certification
30election pursuant to section 20.15 is held. The penalties
31provided in this section may be suspended or modified by the
32court, but only upon request of the public employer and only
33if the court determines the suspension or modification is in
34the public interest.
35 Sec. 9. Section 20.15, Code 2023, is amended by striking the
-2-1section and inserting in lieu thereof the following:
220.15 Elections.
31. Upon the filing of a petition for certification of an
4employee organization, the board shall submit a question to
5the public employees at an election in the bargaining unit
6found appropriate by the board. The question on the ballot
7shall permit the public employees to vote for no bargaining
8representation or for any employee organization which has
9petitioned for certification or which has presented proof
10satisfactory to the board of support of ten percent or more of
11the public employees in the appropriate unit.
122. If a majority of the votes cast on the question is
13for no bargaining representation, the public employees in
14the bargaining unit found appropriate by the board shall not
15be represented by an employee organization. If a majority
16of the votes cast on the question is for a listed employee
17organization, then that employee organization shall represent
18the public employees in the bargaining unit found appropriate
19by the board.
203. If none of the choices on the ballot receive the vote
21of a majority of the public employees voting, the board shall
22conduct a runoff election among the two choices receiving the
23greatest number of votes.
244. Upon written objections filed by any party to the
25election within ten days after notice of the results of
26the election, if the board finds that misconduct or other
27circumstances prevented the public employees eligible to
28vote from freely expressing their preferences, the board may
29invalidate the election and hold a second election for the
30public employees.
315. Upon completion of a valid election in which the majority
32choice of the employees voting is determined, the board shall
33certify the results of the election and shall give reasonable
34notice of the order to all employee organizations listed on the
35ballot, the public employers, and the public employees in the
-3-1appropriate bargaining unit.
26. a. A petition for certification as exclusive bargaining
3representative of a bargaining unit shall not be considered
4by the board for a period of one year from the date of the
5noncertification of an employee organization as the exclusive
6bargaining representative of that bargaining unit following a
7certification election. A petition for certification as the
8exclusive bargaining representative of a bargaining unit shall
9also not be considered by the board if the bargaining unit is
10at that time represented by a certified exclusive bargaining
11representative.
12b. A petition for the decertification of the exclusive
13bargaining representative of a bargaining unit shall not be
14considered by the board for a period of one year from the date
15of its certification, or within one year of its continued
16certification following a decertification election, or during
17the duration of a collective bargaining agreement which, for
18purposes of this section, shall be deemed not to exceed two
19years. However, if a petition for decertification is filed
20during the duration of a collective bargaining agreement, the
21board shall award an election under this section not more than
22one hundred eighty days and not less than one hundred fifty
23days prior to the expiration of the collective bargaining
24agreement. If an employee organization is decertified, the
25board may receive petitions under section 20.14, provided that
26no such petition and no election conducted pursuant to such
27petition within one year from decertification shall include as
28a party the decertified employee organization.
29c. A collective bargaining agreement with the state, its
30boards, commissions, departments, and agencies shall be for two
31years. The provisions of a collective bargaining agreement or
32arbitrator’s award affecting state employees shall not provide
33for renegotiations which would require the refinancing of
34salary and fringe benefits for the second year of the term of
35the agreement, except as provided in section 20.17, subsection
-4-16. The effective date of any such agreement shall be July 1 of
2odd-numbered years, provided that if an exclusive bargaining
3representative is certified on a date which will prevent the
4negotiation of a collective bargaining agreement prior to
5July 1 of odd-numbered years for a period of two years, the
6certified collective bargaining representative may negotiate
7a one-year contract with the public employer which shall be
8effective from July 1 of the even-numbered year to July 1
9of the succeeding odd-numbered year when new contracts shall
10become effective.
11 Sec. 10. Section 20.17, subsection 8, Code 2023, is amended
12by striking the subsection and inserting in lieu thereof the
13following:
148. The salaries of all public employees of the state under
15a merit system and all other fringe benefits which are granted
16to all public employees of the state shall be negotiated with
17the governor or the governor’s designee on a statewide basis,
18except those benefits which are not subject to negotiations
19pursuant to the provisions of section 20.9.
20 Sec. 11. Section 20.17, Code 2023, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 8A. A public employee or any employee
23organization shall not negotiate or attempt to negotiate
24directly with a member of the governing board of a public
25employer if the public employer has appointed or authorized
26a bargaining representative for the purpose of bargaining
27with the public employees or their representative, unless the
28member of the governing board is the designated bargaining
29representative of the public employer.
30 Sec. 12. Section 20.22, subsections 2, 3, 7, 9, and 10, Code
312023, are amended to read as follows:
322. Each party shall serve its final offer on each of
33the impasse items upon the other party within four days of
34the board’s receipt of the request for arbitration, or by a
35deadline otherwise agreed upon by the parties. The parties may
-5-1continue to negotiate all offers until an agreement is reached
2or an award is rendered by the arbitrator. The full costs of
3arbitration under this section shall be shared equally by the
4parties to the dispute.
53. The submission of the impasse items to the arbitrator
6shall be limited to those items upon which the parties have
7not reached agreement. With respect to each such item, the
8arbitrator’s award shall be restricted to the final offers on
9each impasse item submitted by the parties to the arbitrator,
10except as provided in subsection 10, paragraph “b”.
117. For an arbitration involving a bargaining unit that
12has at least thirty percent of members who are public safety
13employees, the The arbitrator shall consider and specifically
14address in the arbitrator’s determination, in addition to any
15other relevant factors, the following factors:
16a. Past collective bargaining contracts between the parties
17including the bargaining that led up to such contracts.
18b. Comparison of wages, hours, and conditions of employment
19of the involved public employees with those of other public
20employees doing comparable work, giving consideration to
21factors peculiar to the area and the classifications involved.
22c. The interests and welfare of the public, the ability of
23the public employer to finance economic adjustments, and the
24effect of such adjustments on the normal standard of services.
25d. The power of the public employer to levy taxes and
26appropriate funds for the conduct of its operations.
279. a. The arbitrator may administer oaths, examine
28witnesses and documents, take testimony and receive evidence,
29and issue subpoenas to compel the attendance of witnesses and
30the production of records. The arbitrator may petition the
31district court at the seat of government or of the county
32in which the hearing is held to enforce the order of the
33arbitrator compelling the attendance of witnesses and the
34production of records.
35b. Except as required for purposes of the consideration of
-6-1the factors specified in subsection 7, paragraphs “a” through
2“c”, and subsection 8, paragraph “a”, subparagraphs (1) through
3(3), the parties shall not introduce, and the arbitrator
4shall not accept or consider, any direct or indirect evidence
5regarding any subject excluded from negotiations pursuant to
6section 20.9.
710. a. The arbitrator shall select within fifteen
8days after the hearing the most reasonable offer, in the
9arbitrator’s judgment, of the final offers on each impasse item
10submitted by the parties.
11b. (1) However, for an arbitration involving a bargaining
12unit that does not have at least thirty percent of members who
13are public safety employees, with respect to any increase in
14base wages, the arbitrator’s award shall not exceed the lesser
15of the following percentages in any one-year period in the
16duration of the bargaining agreement:
17(a) Three percent.
18(b) A percentage equal to the increase in the consumer
19price index for all urban consumers for the midwest region,
20if any, as determined by the United States department of
21labor, bureau of labor statistics, or a successor index. Such
22percentage shall be the change in the consumer price index
23for the twelve-month period beginning eighteen months prior
24to the month in which the impasse item regarding base wages
25was submitted to the arbitrator and ending six months prior to
26the month in which the impasse item regarding base wages was
27submitted to the arbitrator.
28(2) To assist the parties in the preparation of their final
29offers on an impasse item regarding base wages, the board
30shall provide information to the parties regarding the change
31in the consumer price index for all urban consumers for the
32midwest region for any twelve-month period. The department of
33workforce development shall assist the board in preparing such
34information upon request.
35 Sec. 13. Section 20.22, subsection 8, Code 2023, is amended
-7-1by striking the subsection.
2 Sec. 14. Section 20.26, subsection 4, Code 2023, is amended
3to read as follows:
44. Nothing in this section shall be construed to prohibit
5voluntary contributions by individuals to political parties
6or candidates, provided that such contributions are not made
7through payroll deductions.
8 Sec. 15. Section 20.29, Code 2023, is amended to read as
9follows:
1020.29 Filing agreement — public access — internet site.
111. Collective bargaining agreements shall be in writing and
12shall be signed by the parties.
132. A copy of a collective bargaining agreement entered into
14between a public employer and a certified employee organization
15and made final under this chapter shall be filed with the board
16by the public employer within ten days of the date on which the
17agreement is entered into.
183. Copies of collective bargaining agreements entered
19into between the state and the state employees’ bargaining
20representatives and made final under this chapter shall be
21filed with the secretary of state and be made available to the
22public at cost.
234. The board shall maintain an internet site that allows
24searchable access to a database of collective bargaining
25agreements and other collective bargaining information.
26 Sec. 16. Section 20.30, Code 2023, is amended by striking
27the section and inserting in lieu thereof the following:
2820.30 Supervisory member — no reduction before retirement.
291. A supervisory member of any department or agency
30employed by the state of Iowa shall not be granted a voluntary
31reduction to a nonsupervisory rank or grade during the six
32months preceding retirement of the member. A member of any
33department or agency employed by the state of Iowa who retires
34in less than six months after voluntarily requesting and
35receiving a reduction in rank or grade from a supervisory to a
-8-1nonsupervisory position shall be ineligible for a benefit to
2which the member is entitled as a nonsupervisory member but is
3not entitled as a supervisory member.
42. The provisions of this section shall be effective during
5the collective bargaining agreement in effect from July 1,
61979, to June 30, 1981.
7 Sec. 17. Section 20.31, subsection 2, unnumbered paragraph
81, Code 2023, is amended to read as follows:
9A mediator shall not be required to testify in any judicial,
10administrative, arbitration, or grievance proceeding regarding
11any matters occurring in the course of a mediation, including
12any verbal or written communication or behavior, other than
13facts relating exclusively to the timing or scheduling of
14mediation. A mediator shall not be required to produce or
15disclose any documents, including notes, memoranda, or other
16work product, relating to mediation, other than documents
17relating exclusively to the timing or scheduling of mediation.
18This subsection shall not apply in any of the following
19circumstances:
20 Sec. 18. Section 22.7, subsection 69, Code 2023, is amended
21to read as follows:
2269. The evidence of public employee support for
23the certification, retention and recertification, or
24decertification of an employee organization as defined in
25section 20.3 that is submitted to the public employment
26relations board as provided in section 20.14 or 20.15.
27 Sec. 19. Section 22.7, subsection 70, Code 2023, is amended
28by striking the subsection.
29 Sec. 20. Section 70A.17A, Code 2023, is amended by adding
30the following new subsection:
31 NEW SUBSECTION. 3. This section shall not affect a payroll
32deduction elected by a state employee pursuant to section
3370A.19.
34 Sec. 21. Section 70A.19, Code 2023, is amended by striking
35the section and inserting in lieu thereof the following:
-9- 170A.19 Duration of state payroll deduction for dues of
2employee organization member.
3A state employee who elects a payroll deduction for
4membership dues to an employee organization pursuant to the
5provisions of a collective bargaining agreement negotiated
6under the provisions of chapter 20 shall maintain the deduction
7for a period of one year or until the expiration of the
8collective bargaining agreement, whichever occurs first. A
9state employee who transfers employment to a position covered
10by a different collective bargaining agreement or who becomes
11a management employee is not subject to this requirement.
12With respect to state employees, this section supersedes the
13provisions of section 20.9 allowing termination of a dues
14checkoff at any time but does not supersede the requirement for
15thirty days’ written notice of termination.
16 Sec. 22. Section 412.2, subsection 1, Code 2023, is amended
17to read as follows:
181. From the proceeds of the assessments on the wages
19and salaries of employees, of any such waterworks system,
20or other municipally owned and operated public utility,
21eligible to receive the benefits thereof. Notwithstanding
22any provisions of section 20.9 to the contrary, a council,
23board of waterworks, or other board or commission which
24establishes a pension and annuity retirement system pursuant to
25this chapter, shall negotiate in good faith with a certified
26employee organization as defined in section 20.3, which is the
27collective bargaining representative of the employees, with
28respect to the amount or rate of the assessment on the wages
29and salaries of employees and the method or methods for payment
30of the assessment by the employees.
31 Sec. 23. Section 602.1401, subsection 3, paragraph b, Code
322023, is amended to read as follows:
33b. For purposes of chapter 20, the certified representative,
34which on July 1, 1983, represents employees who become judicial
35branch employees as a result of 1983 Iowa Acts, ch.186, shall
-10-1remain the certified representative when the employees become
2judicial branch employees and thereafter, unless the public
3employee organization is not retained and recertified or is
4 decertified in an election held under section 20.15 or amended
5or absorbed into another certified organization pursuant to
6chapter 20. Collective bargaining negotiations shall be
7conducted on a statewide basis and the certified employee
8organizations which engage in bargaining shall negotiate on a
9statewide basis, although bargaining units shall be organized
10by judicial district. The public employment relations board
11shall adopt rules pursuant to chapter 17A to implement this
12subsection.
13 Sec. 24. REPEAL. Sections 20.32 and 20.33, Code 2023, are
14repealed.
15 Sec. 25. TRANSITION PROCEDURES — DEADLINE — EMERGENCY
16RULES.
171. As of the effective date of this division of this Act,
18parties, mediators, and arbitrators engaging in any collective
19bargaining procedures provided for in chapter 20, Code 2023,
20who have not, before the effective date of this division
21of this Act, completed such procedures, shall immediately
22terminate any such procedures in process. A collective
23bargaining agreement negotiated pursuant to such procedures in
24process shall not become effective. Parties, mediators, and
25arbitrators shall not engage in further collective bargaining
26procedures except as provided in this section. Such parties
27shall commence collective bargaining in accordance with section
2820.17, as amended in this division of this Act. Such parties
29shall complete such bargaining not later than June 30, 2023,
30unless the parties mutually agree to a different deadline.
312. The public employment relations board shall adopt
32emergency rules under section 17A.4, subsection 3, and section
3317A.5, subsection 2, paragraph “b”, to provide for procedures
34as deemed necessary to implement the provisions of this
35section within five business days of the effective date of
-11-1this Act and shall submit such rules to the administrative
2rules coordinator and the administrative code editor pursuant
3to section 17A.5, subsection 1, within the same period. The
4rules shall be effective immediately upon filing unless a later
5date is specified in the rules. Such rules shall include but
6are not limited to alternative deadlines for completion of the
7procedures provided in sections 20.17 and 20.22, as amended by
8this division of this Act, and sections 20.19 and 20.20, which
9deadlines may be waived by mutual agreement of the parties.
103. The department of administrative services shall adopt
11emergency rules under section 17A.4, subsection 3, and
12section 17A.5, subsection 2, paragraph “b”, to provide for the
13implementation of section 70A.19, as amended by this division
14of this Act within five business days of the effective date
15of this Act and shall submit such rules to the administrative
16rules coordinator and the administrative code editor pursuant
17to section 17A.5, subsection 1, within the same period. The
18rules shall be effective immediately upon filing unless a later
19date is specified in the rules.
20 Sec. 26. ELECTIONS — DIRECTIVES TO PUBLIC EMPLOYMENT
21RELATIONS BOARD.
221. The public employment relations board shall cancel any
23elections scheduled or in process pursuant to section 20.15,
24subsection 2, Code 2023, as of the effective date of this Act.
252. Notwithstanding section 20.15, subsection 1, paragraph
26“c”, Code 2023, the public employment relations board
27shall consider a petition for certification of an employee
28organization as the exclusive representative of a bargaining
29unit for which an employee organization was not retained and
30recertified as the exclusive representative of that bargaining
31unit regardless of the amount of time that has elapsed since
32the retention and recertification election at which an employee
33organization was not retained or recertified.
34 Sec. 27. EFFECTIVE DATE. This division of this Act, being
35deemed of immediate importance, takes effect upon enactment.
-12-1 Sec. 28. APPLICABILITY. With the exception of the
2section of this division of this Act amending section 20.6,
3subsection 1, this division of this Act does not apply to
4collective bargaining agreements which have been ratified in a
5ratification election referred to in section 20.17, subsection
64, for which an arbitrator has made a final determination as
7described in section 20.22, subsection 11, or which have become
8effective, where such events occurred before the effective
9date of this division of this Act. This division of this Act
10applies to all collective bargaining procedures provided for in
11chapter 20 occurring on and after the effective date of this
12division of this Act and collective bargaining agreements for
13which a ratification election referred to in section 20.17,
14subsection 4, is held, for which an arbitrator makes a final
15determination as described in section 20.22, subsection 11, or
16which become effective on or after the effective date of this
17division of this Act.
18DIVISION II
19EDUCATOR EMPLOYMENT MATTERS
20 Sec. 29. Section 279.13, subsections 2 and 5, Code 2023, are
21amended to read as follows:
222. The contract shall remain in force and effect for the
23period stated in the contract and shall be automatically
24continued for equivalent periods except as modified or
25terminated by mutual agreement of the board of directors and
26the teacher or as modified or terminated in accordance with
27the provisions specified in this chapter. A contract shall
28not be offered by the employing board to a teacher under its
29jurisdiction prior to March 15 of any year. A teacher who has
30not accepted a contract for the ensuing school year tendered
31by the employing board may resign effective at the end of the
32current school year by filing a written resignation with the
33secretary of the board. The resignation must be filed not
34later than the last day of the current school year or the date
35specified by the employing board for return of the contract,
-13-1whichever date occurs first. However, a teacher shall not be
2required to return a contract to the board or to resign less
3than twenty-one days after the contract has been offered.
45. Notwithstanding the other provisions of this section, a
5temporary contract may be issued to a teacher for a period of
6up to six months. Notwithstanding the other provisions of this
7section, a temporary contract may also be issued to a teacher
8 to fill a vacancy created by a leave of absence in accordance
9with the provisions of section 29A.28, which contract shall
10automatically terminate upon return from military leave of the
11former incumbent of the teaching position. Temporary contracts
12 and which contract shall not be subject to the provisions of
13sections 279.15 through 279.19, or section 279.27. A separate
14extracurricular contract issued pursuant to section 279.19A to
15a person issued a temporary contract under this section shall
16automatically terminate with the termination of the temporary
17contract as required under section 279.19A, subsection 8.
18 Sec. 30. Section 279.13, subsection 4, unnumbered paragraph
191, Code 2023, is amended to read as follows:
20For purposes of this section, sections 279.14, 279.15,
21279.16 through 279.17, 279.19, and 279.27, unless the context
22otherwise requires, “teacher” includes the following individuals
23employed by a community college:
24 Sec. 31. Section 279.14, Code 2023, is amended to read as
25follows:
26279.14 Evaluation criteria and procedures.
271. The board shall establish evaluation criteria and shall
28implement evaluation procedures. If an exclusive bargaining
29representative has been certified, the board shall negotiate
30in good faith with respect to evaluation procedures pursuant
31to chapter 20.
322. The determination of standards of performance expected
33of school district personnel shall be reserved as an exclusive
34management right of the school board and shall not be subject
35to mandatory negotiations under chapter 20. Objections
-14-1 Notwithstanding chapter 20, objections to the procedures,
2use, or content of an evaluation in a teacher termination
3proceeding brought before the school board in a hearing held in
4accordance with section 279.16 or 279.27 shall not be subject
5to any the grievance procedures negotiated in accordance with
6chapter 20. A school district shall not be obligated to
7process any evaluation grievance after service of a notice and
8recommendation to terminate an individual’s continuing teaching
9contract in accordance with this chapter.
10 Sec. 32. Section 279.15, subsection 2, paragraph c, Code
112023, is amended to read as follows:
12c. Within five days of the receipt of the written notice
13that the superintendent is recommending termination of the
14contract, the teacher may request, in writing to the secretary
15of the board, a private hearing with the board. The private
16hearing shall not be subject to chapter 21 and shall be held
17no sooner than twenty ten days and no later than forty twenty
18 days following the receipt of the request unless the parties
19otherwise agree. The secretary of the board shall notify the
20teacher in writing of the date, time, and location of the
21private hearing, and at least ten five days before the hearing
22shall also furnish to the teacher any documentation which
23may be presented to the board at the private hearing and a
24list of persons who may address the board in support of the
25superintendent’s recommendation at the private hearing. At
26least seven three days before the hearing, the teacher shall
27provide any documentation the teacher expects to present at
28the private hearing, along with the names of any persons who
29may address the board on behalf of the teacher. This exchange
30of information shall be at the time specified unless otherwise
31agreed.
32 Sec. 33. Section 279.16, Code 2023, is amended by striking
33the section and inserting in lieu thereof the following:
34279.16 Private hearing — decision — record.
351. The participants at the private hearing shall be
-15-1at least a majority of the members of the board, their
2legal representatives, if any, the superintendent, the
3superintendent’s designated representatives, if any, the
4teacher’s immediate supervisor, the teacher, the teacher’s
5representatives, if any, and the witnesses for the parties.
6The evidence at the private hearing shall be limited to the
7specific reasons stated in the superintendent’s notice of
8recommendation of termination. No participant in the hearing
9shall be liable for any damages to any person if any statement
10at the hearing is determined to be erroneous as long as the
11statement was made in good faith. The superintendent shall
12present evidence and argument on all issues involved and
13the teacher may cross-examine, respond and present evidence
14and argument in the teacher’s behalf relevant to all issues
15involved. Evidence may be by stipulation of the parties and
16informal settlement may be made by stipulation, consent, or
17default or by any other method agreed upon by the parties in
18writing. The board shall employ a certified shorthand reporter
19to keep a record of the private hearing. The proceedings
20or any part thereof shall be transcribed at the request of
21either party with the expense of transcription charged to the
22requesting party.
232. The presiding officer of the board may administer oaths
24in the same manner and with like effect and under the same
25penalties as in the case of magistrates exercising criminal
26or civil jurisdiction. The board shall cause subpoenas to be
27issued for such witnesses and the production of such books
28and papers as either the board or the teacher may designate.
29The subpoenas shall be signed by the presiding officer of the
30board.
313. In case a witness is duly subpoenaed and refuses to
32attend, or in case a witness appears and refuses to testify
33or to produce required books or papers, the board shall,
34in writing, report such refusal to the district court of
35the county in which the administrative office of the school
-16-1district is located, and the court shall proceed with the
2person or witness as though the refusal had occurred in a
3proceeding legally pending before the court.
44. The board shall not be bound by common law or statutory
5rules of evidence or by technical or formal rules of procedure,
6but it shall hold the hearing in such manner as is best suited
7to ascertain and conserve the substantial rights of the
8parties. Process and procedure under sections 279.13 through
9279.19 shall be as summary as reasonably may be.
105. At the conclusion of the private hearing, the
11superintendent and the teacher may file written briefs and
12arguments with the board within three days or such other time
13as may be agreed upon.
146. If the teacher fails to timely request a private hearing
15or does not appear at the private hearing, the board may
16proceed and make a determination upon the superintendent’s
17recommendation. If the teacher fails to timely file a request
18for a private hearing, the determination shall be not later
19than May 31. If the teacher fails to appear at the private
20hearing, the determination shall be not later than five days
21after the scheduled date for the private hearing. The board
22shall convene in open session and by roll call vote determine
23the termination or continuance of the teacher’s contract
24and, if the board votes to continue the teacher’s contract,
25whether to suspend the teacher with or without pay for a period
26specified by the board.
277. Within five days after the private hearing, the board
28shall, in executive session, meet to make a final decision
29upon the recommendation and the evidence as herein provided.
30The board shall also consider any written brief and arguments
31submitted by the superintendent and the teacher.
328. The record for a private hearing shall include:
33a. All pleadings, motions and intermediate rulings.
34b. All evidence received or considered and all other
35submissions.
-17- 1c. A statement of all matters officially noticed.
2d. All questions and offers of proof, objections and rulings
3thereon.
4e. All findings and exceptions.
5f. Any decision, opinion, or conclusion by the board.
6g. Findings of fact shall be based solely on the evidence in
7the record and on matters officially noticed in the record.
89. The decision of the board shall be in writing and shall
9include findings of fact and conclusions of law, separately
10stated. Findings of fact, if set forth in statutory language,
11shall be accompanied by a concise and explicit statement of
12the underlying facts supporting the findings. Each conclusion
13of law shall be supported by cited authority or by reasoned
14opinion.
1510. When the board has reached a decision, opinion, or
16conclusion, it shall convene in open meeting and by roll
17call vote determine the continuance or discontinuance of the
18teacher’s contract and, if the board votes to continue the
19teacher’s contract, whether to suspend the teacher with or
20without pay for a period specified by the board. The record
21of the private conference and findings of fact and exceptions
22shall be exempt from the provisions of chapter 22. The
23secretary of the board shall immediately mail notice of the
24board’s action to the teacher.
25 Sec. 34. NEW SECTION. 279.17 Appeal by teacher to
26adjudicator.
271. If the teacher is no longer a probationary teacher, the
28teacher may, within ten days, appeal the determination of the
29board to an adjudicator by filing a notice of appeal with the
30secretary of the board. The notice of appeal shall contain a
31concise statement of the action which is the subject of the
32appeal, the particular board action appealed from, the grounds
33on which relief is sought and the relief sought.
342. Within five days following receipt by the secretary
35of the notice of appeal, the board or the board’s legal
-18-1representative, if any, and the teacher or the teacher’s
2representative, if any, may select an adjudicator who resides
3within the boundaries of the merged area in which the school
4district is located. If an adjudicator cannot be mutually
5agreed upon within the five-day period, the secretary shall
6notify the chairperson of the public employment relations board
7by transmitting the notice of appeal, and the chairperson of
8the public employment relations board shall within five days
9provide a list of five adjudicators to the parties. Within
10three days from receipt of the list of adjudicators, the
11parties shall select an adjudicator by alternately removing a
12name from the list until only one name remains. The person
13whose name remains shall be the adjudicator. The parties shall
14determine by lot which party shall remove the first name from
15the list submitted by the chairperson of the public employment
16relations board. The secretary of the board shall inform the
17chairperson of the public employment relations board of the
18name of the adjudicator selected.
193. If the teacher does not timely request an appeal to an
20adjudicator, the decision, opinion, or conclusion of the board
21shall become final and binding.
224. a. Within thirty days after filing the notice of appeal,
23or within further time allowed by the adjudicator, the board
24shall transmit to the adjudicator the original or a certified
25copy of the entire record of the private hearing which may be
26the subject of the petition. By stipulation of the parties
27to review the proceedings, the record of the case may be
28shortened. The adjudicator may require or permit subsequent
29corrections or additions to the shortened record.
30b. The record certified and filed by the board shall be the
31record upon which the appeal shall be heard and no additional
32evidence shall be heard by the adjudicator. In such appeal to
33the adjudicator, especially when considering the credibility
34of witnesses, the adjudicator shall give weight to the fact
35findings of the board but shall not be bound by them.
-19- 15. Before the date set for hearing a petition for review
2of board action, which shall be within ten days after
3receipt of the record unless otherwise agreed or unless the
4adjudicator orders additional evidence be taken before the
5board, application may be made to the adjudicator for leave to
6present evidence in addition to that found in the record of the
7case. If it is shown to the adjudicator that the additional
8evidence is material and that there were good reasons for
9failure to present it in the private hearing before the board,
10the adjudicator may order that the additional evidence be taken
11before the board upon conditions determined by the adjudicator.
12The board may modify its findings and decision in the case by
13reason of the additional evidence and shall file that evidence
14and any modifications, new findings, or decisions, with the
15adjudicator and mail copies of the new findings or decisions
16to the teacher.
176. The adjudicator may affirm board action or remand to the
18board for further proceedings. The adjudicator shall reverse,
19modify, or grant any appropriate relief from the board action
20if substantial rights of the teacher have been prejudiced
21because the board action is any of the following:
22a. In violation of a board rule or policy or contract.
23b. Unsupported by a preponderance of the competent evidence
24in the record made before the board when that record is viewed
25as a whole.
26c. Unreasonable, arbitrary or capricious or characterized
27by an abuse of discretion or a clearly unwarranted exercise of
28discretion.
297. The adjudicator shall, within fifteen days after the
30hearing, make a decision and shall give a copy of the decision
31to the teacher and the secretary of the board. The decision
32of the adjudicator shall become the final and binding decision
33of the board unless either party within ten days notifies the
34secretary of the board that the decision is rejected. The
35board may reject the decision by majority roll call vote, in
-20-1open meeting, entered into the minutes of the meeting. The
2board shall immediately notify the teacher of its decision
3by certified mail. The teacher may reject the adjudicator’s
4decision by notifying the board’s secretary in writing within
5ten days of the filing of such decision.
68. All costs of the adjudicator shall be shared equally by
7the teacher and the board.
8 Sec. 35. Section 279.18, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
10279.18 Appeal by either party to court.
111. If either party rejects the adjudicator’s decision,
12the rejecting party shall, within thirty days of the initial
13filing of such decision, appeal to the district court of
14the county in which the administrative office of the school
15district is located. The notice of appeal shall be immediately
16mailed by certified mail to the other party. The adjudicator
17shall transmit to the reviewing court the original or a
18certified copy of the entire record which may be the subject
19of the petition. By stipulation of all parties to the review
20proceedings, the record of such a case may be shortened. A
21party unreasonably refusing to stipulate to limit the record
22may be taxed by the court for the additional cost. The court
23may require or permit subsequent corrections or additions to
24the shortened record.
252. In proceedings for judicial review of the adjudicator’s
26decision, the court shall not hear any further evidence
27but shall hear the case upon the certified record. In such
28judicial review, especially when considering the credibility of
29witnesses, the court shall give weight to the fact findings of
30the board but shall not be bound by them. The court may affirm
31the adjudicator’s decision or remand to the adjudicator or the
32board for further proceedings upon conditions determined by the
33court. The court shall reverse, modify, or grant any other
34appropriate relief from the board decision or the adjudicator’s
35decision equitable or legal and including declaratory relief
-21-1if substantial rights of the petitioner have been prejudiced
2because the action is any of the following:
3a. In violation of constitutional or statutory provisions.
4b. In excess of the statutory authority of the board or the
5adjudicator.
6c. In violation of a board rule or policy or contract.
7d. Made upon unlawful procedure.
8e. Affected by other error of law.
9f. Unsupported by a preponderance of the competent evidence
10in the record made before the board and the adjudicator when
11that record is viewed as a whole.
12g. Unreasonable, arbitrary or capricious or characterized
13by an abuse of discretion or a clearly unwarranted exercise of
14discretion.
153. An aggrieved or adversely affected party to the judicial
16review proceeding may obtain a review of any final judgment of
17the district court by appeal to the supreme court. The appeal
18shall be taken as in other civil cases, although the appeal may
19be taken regardless of the amount involved.
204. For purposes of this section, unless the context
21otherwise requires, “rejecting party” shall include but not be
22limited to an instructor employed by a community college.
23 Sec. 36. Section 279.19, Code 2023, is amended by striking
24the section and inserting in lieu thereof the following:
25279.19 Probationary period.
261. The first three consecutive years of employment of
27a teacher in the same school district are a probationary
28period. However, if the teacher has successfully completed a
29probationary period of employment for another school district
30located in Iowa, the probationary period in the current
31district of employment shall not exceed one year. A board of
32directors may waive the probationary period for any teacher who
33previously has served a probationary period in another school
34district and the board may extend the probationary period for
35an additional year with the consent of the teacher.
-22- 12. a. In the case of the termination of a probationary
2teacher’s contract, the provisions of sections 279.15 and
3279.16 shall apply. However, if the probationary teacher is a
4beginning teacher who fails to demonstrate competence in the
5Iowa teaching standards in accordance with chapter 284, the
6provisions of sections 279.17 and 279.18 shall also apply.
7b. The board’s decision shall be final and binding unless
8the termination was based upon an alleged violation of a
9constitutionally guaranteed right of the teacher or an alleged
10violation of public employee rights of the teacher under
11section 20.10.
123. Notwithstanding any provision to the contrary, the
13grievance procedures of section 20.18 relating to job
14performance or job retention shall not apply to a teacher
15during the first two years of the teacher’s probationary
16period. However, this subsection shall not apply to a teacher
17who has successfully completed a probationary period in a
18school district in Iowa.
19 Sec. 37. Section 279.19A, subsections 1, 2, 7, and 8, Code
202023, are amended to read as follows:
211. School districts employing individuals to coach
22interscholastic athletic sports shall issue a separate
23extracurricular contract for each of these sports. An
24extracurricular contract offered under this section shall be
25separate from the contract issued under section 279.13. Wages
26for employees who coach these sports shall be paid pursuant
27to established or negotiated supplemental pay schedules.
28 An extracurricular contract shall be in writing, and shall
29state the number of contract days for that sport, the annual
30compensation to be paid, and any other matters as may be
31mutually agreed upon. The contract shall be for a single
32school year.
332. a. An extracurricular contract shall be continued
34automatically in force and effect for equivalent periods,
35except as modified or terminated by mutual agreement of
-23-1the board of directors and the employee, or terminated in
2accordance with this section. An extracurricular contract
3shall initially be offered by the employing board to an
4individual on the same date that contracts are offered to
5teachers under section 279.13. An extracurricular contract
6may be terminated at the end of a school year pursuant to
7sections 279.15 through 279.19.If the school district offers
8an extracurricular contract for a sport for the subsequent
9school year to an employee who is currently performing
10under an extracurricular contract for that sport, and the
11employee does not wish to accept the extracurricular contract
12for the subsequent year, the employee may resign from the
13extracurricular contract within twenty-one days after it has
14been received.
15b. If the provisions of an extracurricular contract executed
16under this section conflict with a collective bargaining
17agreement negotiated under chapter 20 and effective when the
18extracurricular contract is executed or renewed, the provisions
19of the collective bargaining agreement shall prevail Section
20279.13, subsection 3, applies to this section.
217. An extracurricular contract may be terminated prior to
22the expiration of that contract for any lawful reason following
23an informal, private hearing before the board of directors
24 pursuant to section 279.27. The decision of the board to
25terminate an extracurricular contract shall be final.
268. a. A termination proceeding regarding an extracurricular
27contract shall either by the board pursuant to subsection 2 or
28pursuant to section 279.27 does not affect a contract issued
29pursuant to section 279.13.
30b. A termination of a contract entered into pursuant to
31section 279.13, or a resignation from that contract by the
32teacher, constitutes an automatic termination or resignation of
33the extracurricular contract in effect between the same teacher
34and the employing school board.
35 Sec. 38. Section 279.23, subsection 1, paragraph c, Code
-24-12023, is amended to read as follows:
2c. The rate of compensation per week of five consecutive
3days or month of four consecutive weeks.
4 Sec. 39. Section 279.23, subsection 5, Code 2023, is amended
5to read as follows:
65. Notwithstanding the other provisions of this section,
7a temporary contract may be issued to an administrator for
8up to nine months. Notwithstanding the other provisions of
9this section, a temporary contract may also be issued to
10an administrator to fill a vacancy created by a leave of
11absence in accordance with the provisions of section 29A.28,
12which contract shall automatically terminate upon return from
13military leave of the former incumbent of the administrator
14position. Temporary contracts and which contract shall not be
15subject to the provisions of sections 279.24 and 279.25.
16 Sec. 40. Section 279.24, subsections 2 and 4, Code 2023, are
17amended to read as follows:
182. If the board of directors is considering termination of
19an administrator’s contract, prior to any formal action, the
20board may arrange to meet in closed session, in accordance with
21the provisions of section 21.5, with the administrator and the
22administrator’s representative. The board shall review the
23administrator’s evaluation, review the reasons for nonrenewal,
24and give the administrator an opportunity to respond. If,
25following the closed session, the board of directors and the
26administrator are unable to mutually agree to a modification
27or termination of the administrator’s contract, or the board
28of directors may issue and the administrator are unable to
29mutually agree to enter into a one-year, nonrenewable contract,
30 to the administrator. If the board of directors decides to
31terminate the administrator’s contract, the board shall follow
32the procedures in this section.
334. Administrators employed in a school district for
34less than three two consecutive years are probationary
35administrators. However, a school board may waive the
-25-1probationary period for any administrator who has previously
2served a probationary period in another school district and
3the school board may extend the probationary period for an
4additional year with the consent of the administrator. If a
5school board determines that it should terminate a probationary
6administrator’s contract, the school board shall notify the
7administrator not later than May 15 that the contract will not
8be renewed beyond the current year. The notice shall be in
9writing by letter, personally delivered, or mailed by certified
10mail. The notification shall be complete when received by the
11administrator. Within ten days after receiving the notice, the
12administrator may request a private conference with the school
13board to discuss the reasons for termination. The school
14board’s decision to terminate a probationary administrator’s
15contract shall be final unless the termination was based upon
16an alleged violation of a constitutionally guaranteed right of
17the administrator.
18 Sec. 41. Section 279.24, subsection 5, paragraphs c, d, e,
19f, g, and h, Code 2023, are amended to read as follows:
20c. Within five days after receipt of the written notice
21that the school board has voted to consider termination of
22the contract, the administrator may request a private hearing
23 in writing to the secretary of the school board. The board
24shall then forward that the notification be forwarded to the
25board of educational examiners along with a request that the
26board of educational examiners submit a list of five qualified
27administrative law judges to the parties. Within three
28days from receipt of the list the parties shall select an
29administrative law judge by alternately removing a name from
30the list until only one name remains. The person whose name
31remains shall be the administrative law judge. The parties
32shall determine by lot which party shall remove the first
33name from the list. The private hearing shall be held no
34sooner than twenty ten days and not later than forty thirty
35 days following the administrator’s request unless the parties
-26-1otherwise agree. If the administrator does not request a
2private hearing, the school board, not later than May 31, may
3determine the continuance or discontinuance of the contract
4and, if the board determines to continue the administrator’s
5contract, whether to suspend the administrator with or without
6pay for a period specified by the board. School board action
7shall be by majority roll call vote entered on the minutes of
8the meeting. Notice of school board action shall be personally
9delivered or mailed to the administrator.
10d. The administrative law judge selected shall notify
11the secretary of the school board and the administrator in
12writing concerning the date, time, and location of the private
13hearing. The school board may be represented by a legal
14representative, if any, and the administrator shall appear and
15may be represented by counsel or by representative, if any.
16Any witnesses for the parties at the private hearing shall be
17sequestered. A transcript or recording shall be made of the
18proceedings at the private hearing. A school board member or
19administrator is not liable for any damage to an administrator
20or school board member if a statement made at the private
21 hearing is determined to be erroneous as long as the statement
22was made in good faith.
23e. The administrative law judge shall, within ten days
24following the date of the private hearing, make a proposed
25decision as to whether or not the administrator should be
26dismissed, and shall give a copy of the proposed decision to
27the administrator and the school board. Findings of fact shall
28be prepared by the administrative law judge. The proposed
29decision of the administrative law judge shall become the final
30decision of the school board unless within thirty ten days
31after the filing of the decision the administrator files a
32written notice of appeal with the school board, or the school
33board on its own motion determines to review the decision.
34f. If the administrator appeals to the school board, or if
35the school board determines on its own motion to review the
-27-1proposed decision of the administrative law judge, a private
2hearing shall be held before the school board within ten five
3 days after the petition for review, or motion for review, has
4been made or at such other time as the parties agree. The
5private hearing is not subject to chapter 21. The school board
6may hear the case de novo upon the record as submitted before
7the administrative law judge. In cases where there is an
8appeal from a proposed decision or where a proposed decision
9is reviewed on motion of the school board, an opportunity
10shall be afforded to each party to file exceptions, present
11briefs, and present oral arguments to the school board which
12is to render the final decision. The secretary of the school
13board shall give the administrator written notice of the time,
14place, and date of the private hearing. The school board shall
15meet within five days after the private hearing to determine
16the question of continuance or discontinuance of the contract
17and, if the board determines to continue the administrator’s
18contract, whether to suspend the administrator with or
19without pay for a period specified by the board or issue the
20administrator a one-year, nonrenewable contract. The school
21board shall make findings of fact which shall be based solely
22on the evidence in the record and on matters officially noticed
23in the record.
24g. The decision of the school board shall be in writing
25and shall include finding of fact and conclusions of law,
26separately stated. Findings of fact, if set forth in statutory
27language, shall be accompanied by a concise and explicit
28statement of the underlying facts supporting the findings.
29Each conclusion of law shall be supported by cited authority
30or by reasoned opinion.
31h. When the school board has reached a decision, opinion,
32or conclusion, it shall convene in open meeting and by roll
33call vote determine the continuance or discontinuance of
34the administrator’s contract and, if the board votes to
35continue the administrator’s contract, whether to suspend the
-28-1administrator with or without pay for a period specified by
2the board or issue the administrator a one-year, nonrenewable
3contract. The record of the private hearing conference and
4written decision of the board findings of fact and exceptions
5 shall be exempt from the provisions of chapter 22. The
6secretary of the school board shall immediately personally
7deliver or mail notice of the school board’s action to the
8administrator.
9 Sec. 42. Section 279.27, Code 2023, is amended to read as
10follows:
11279.27 Discharge of teacher.
121. A teacher may be discharged at any time during the
13contract year for just cause. The superintendent or the
14superintendent’s designee, shall notify the teacher immediately
15that the superintendent will recommend in writing to the board
16at a regular or special meeting of the board held not more
17than fifteen days after notification has been given to the
18teacher that the teacher’s continuing contract be terminated
19effective immediately following a decision of the board.
20The procedure for dismissal shall be as provided in section
21279.15, subsection 2, and sections 279.16 through 279.19. The
22superintendent may suspend a teacher under this section pending
23hearing and determination by the board.
242. For purposes of this section, “just cause” includes
25but is not limited to a violation of the code of professional
26conduct and ethics of the board of educational examiners if
27the board has taken disciplinary action against a teacher,
28during the six months following issuance by the board of a
29final written decision and finding of fact after a disciplinary
30proceeding.
31 Sec. 43. Section 284.3, subsection 2, Code 2023, is amended
32to read as follows:
332. A school board shall provide for the following:
34a. For purposes of comprehensive evaluations, standards
35and criteria which measure a beginning teacher’s performance
-29-1against the Iowa teaching standards specified in subsection 1,
2and the criteria for the Iowa teaching standards developed by
3the department in accordance with section 256.9, to determine
4whether the teacher’s practice meets the requirements specified
5for a career teacher. These standards and criteria shall be
6set forth in an instrument provided by the department. The
7comprehensive evaluation and instrument are not subject to
8negotiations or grievance procedures pursuant to chapter 20 or
9determinations made by the board of directors under section
10279.14. A local school board and its certified bargaining
11representative may negotiate, pursuant to chapter 20,
12evaluation and grievance procedures for beginning teachers that
13are not in conflict with this chapter. If, in accordance with
14section 279.19, a beginning teacher appeals the determination
15of a school board to an adjudicator under section 279.17, the
16adjudicator selected shall have successfully completed training
17related to the Iowa teacher standards, the criteria adopted
18by the state board in accordance with subsection 3, and any
19additional training required under rules adopted by the public
20employment relations board in cooperation with the state board.
21b. For purposes of performance reviews for teachers other
22than beginning teachers, evaluations that contain, at a
23minimum, the Iowa teaching standards specified in subsection
241, as well as the criteria for the Iowa teaching standards
25developed by the department in accordance with section
26256.9, subsection 42. A local school board and its certified
27bargaining representative may negotiate, pursuant to chapter
2820, additional teaching standards and criteria. A local
29school board and its certified bargaining representative shall
30negotiate, pursuant to chapter 20, evaluation and grievance
31procedures for teachers other than beginning teachers that are
32not in conflict with this chapter.
33 Sec. 44. Section 284.4, subsection 1, paragraph b,
34subparagraphs (2) and (5), Code 2023, are amended to read as
35follows:
-30- 1(2) Monitor the evaluation requirements of this chapter
2to ensure evaluations are conducted in a fair and consistent
3manner throughout the school district or agency. The committee
4shall In addition to any negotiated evaluation procedures,
5 develop model evidence for the Iowa teaching standards and
6criteria. The model evidence will minimize paperwork and focus
7on teacher improvement. The model evidence will determine
8which standards and criteria can be met with observation and
9which evidence meets multiple standards and criteria.
10(5) Determine Ensure the agreement negotiated pursuant to
11chapter 20 determines the compensation for teachers on the
12committee for work responsibilities required beyond the normal
13work day.
14 Sec. 45. Section 284.8, subsections 2 and 3, Code 2023, are
15amended to read as follows:
162. If a supervisor or an evaluator determines, at any time,
17as a result of a teacher’s performance that the teacher is not
18meeting district expectations under the Iowa teaching standards
19specified in section 284.3, subsection 1, paragraphs “a”
20through “h”, and the criteria for the Iowa teaching standards
21developed by the department in accordance with section 256.9,
22subsection 42, and any other standards or criteria established
23in the collective bargaining agreement, the evaluator shall,
24at the direction of the teacher’s supervisor, recommend to
25the district that the teacher participate in an intensive
26assistance program. The intensive assistance program and its
27implementation are not subject to negotiation and grievance
28procedures established pursuant to chapter 20. All school
29districts shall be prepared to offer an intensive assistance
30program.
313. A teacher who is not meeting the applicable standards and
32criteria based on a determination made pursuant to subsection 2
33shall participate in an intensive assistance program. However,
34a teacher who has previously participated in an intensive
35assistance program relating to particular Iowa teaching
-31-1standards or criteria shall not be entitled to participate
2in another intensive assistance program relating to the same
3standards or criteria and shall be subject to the provisions of
4subsection 4.
5 Sec. 46. Section 284.8, Code 2023, is amended by adding the
6following new subsection:
7 NEW SUBSECTION. 2A. If a teacher is denied advancement
8to the career II or advanced teacher level based upon a
9performance review, the teacher may appeal the decision to an
10adjudicator under the process established under section 279.17.
11However, the decision of the adjudicator is final.
12 Sec. 47. Section 284.8, subsection 4, Code 2023, is amended
13by striking the subsection.
14 Sec. 48. EFFECTIVE DATE. This division of this Act, being
15deemed of immediate importance, takes effect upon enactment.
16 Sec. 49. APPLICABILITY. This division of this Act applies
17to employment contracts of school employees entered into
18pursuant to chapter 279 on and after the effective date of
19this division of this Act. This division of this Act does
20not apply to collective bargaining agreements which have been
21ratified in a ratification election referred to in section
2220.17, subsection 4, for which an arbitrator has made a final
23determination as described in section 20.22, subsection 11,
24or which have become effective, where such events occurred
25before the effective date of this division of this Act. This
26division of this Act applies to all collective bargaining
27procedures provided for in chapter 20 occurring on and after
28the effective date of this division of this Act and collective
29bargaining agreements pursuant to chapter 20 for which a
30ratification election referred to in section 20.17, subsection
314, is held, for which an arbitrator makes a final determination
32as described in section 20.22, subsection 11, or which become
33effective on or after the effective date of this division of
34this Act.
35DIVISION III
-32-1PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS
2 Sec. 50. Section 22.7, subsection 11, paragraph a,
3subparagraph (5), Code 2023, is amended to read as follows:
4(5) The fact that the individual resigned in lieu of
5termination, was discharged, or was demoted as the result of
6a final disciplinary action, and the documented reasons and
7rationale for the resignation in lieu of termination, the
8discharge, or the demotion. For purposes of this subparagraph,
9“demoted” and “demotion” mean a change of an employee from
10a position in a given classification to a position in a
11classification having a lower pay grade upon the exhaustion of
12all applicable contractual, legal, and statutory remedies.
13 Sec. 51. REPEAL. Sections 22.13A and 22.15, Code 2023, are
14repealed.
15 Sec. 52. EFFECTIVE DATE. This division of this Act, being
16deemed of immediate importance, takes effect upon enactment.
17 Sec. 53. APPLICABILITY. This division of this Act applies
18to requests for records pursuant to chapter 22 submitted on or
19after the effective date of this division of this Act.
20DIVISION IV
21CITY CIVIL SERVICE REQUIREMENTS
22 Sec. 54. Section 400.12, subsection 4, Code 2023, is amended
23by striking the subsection.
24 Sec. 55. Section 400.17, subsection 4, Code 2023, is amended
25to read as follows:
264. A person shall not be appointed, denied appointment,
27promoted, removed, discharged, suspended, or demoted to or
28from a civil service position or in any other way favored or
29discriminated against in that position because of political
30or religious opinions or affiliations, race, national origin,
31sex, or age, or in retaliation for the exercise of any right
32enumerated in this chapter. However, the maximum age for a
33police officer or fire fighter covered by this chapter and
34employed for police duty or the duty of fighting fires is
35sixty-five years of age.
-33-1 Sec. 56. Section 400.18, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3400.18 Removal, demotion, or suspension.
41. A person holding civil service rights as provided in
5this chapter shall not be removed, demoted, or suspended
6arbitrarily, except as otherwise provided in this chapter, but
7may be removed, demoted, or suspended after a hearing by a
8majority vote of the civil service commission, for neglect of
9duty, disobedience, misconduct, or failure to properly perform
10the person’s duties.
112. The party alleging neglect of duty, disobedience,
12misconduct, or failure to properly perform a duty shall have
13the burden of proof.
143. A person subject to a hearing has the right to be
15represented by counsel at the person’s expense or by the
16person’s authorized collective bargaining representative.
17 Sec. 57. Section 400.19, Code 2023, is amended to read as
18follows:
19400.19 Removal, or discharge, demotion, or suspension of
20subordinates.
21The person having the appointing power as provided in
22this chapter, or the chief of police or chief of the fire
23department, may, upon presentation of grounds for such action
24to the subordinate in writing, peremptorily remove, discharge,
25demote, or suspend, demote, or discharge a subordinate then
26under the person’s or chief’s direction due to any act or
27failure to act by the employee that is in contravention of law,
28city policies, or standard operating procedures, or that in
29the judgment of the person or chief is sufficient to show that
30the employee is unsuitable or unfit for employment for neglect
31of duty, disobedience of orders, misconduct, or failure to
32properly perform the subordinate’s duties.
33 Sec. 58. Section 400.20, Code 2023, is amended to read as
34follows:
35400.20 Appeal.
-34- 1The removal, discharge suspension, demotion, or suspension
2 discharge of a person holding civil service rights may be
3appealed to the civil service commission within fourteen
4calendar days after the removal, discharge suspension,
5demotion, or suspension discharge.
6 Sec. 59. Section 400.21, Code 2023, is amended to read as
7follows:
8400.21 Notice of appeal.
9If the appeal be taken by the person removed, discharged
10 suspended, demoted, or suspended discharged, notice of the
11appeal, signed by the appellant and specifying the ruling
12appealed from, shall be filed with the clerk of the commission.
13If the appeal is taken by the person making such removal,
14discharge suspension, demotion, or suspension discharge, such
15notice shall also be served upon the person removed, discharged
16 suspended, demoted, or suspended discharged.
17 Sec. 60. Section 400.22, Code 2023, is amended to read as
18follows:
19400.22 Charges.
20Within fourteen calendar days from the service of the notice
21of appeal, the person or body making the ruling appealed
22from shall file with the body to which the appeal is taken a
23written specification of the charges and grounds upon which the
24ruling was based. If the charges are not filed, the person
25removed, suspended or discharged, demoted, or suspended may
26present the matter to the body to whom the appeal is to be
27taken by affidavit, setting forth the facts, and the body to
28whom the appeal is to be taken shall immediately enter an
29order reinstating the person removed, suspended or discharged,
30demoted, or suspended for want of prosecution.
31 Sec. 61. Section 400.27, subsection 3, Code 2023, is amended
32to read as follows:
333. The city or any civil service employee shall have a
34right to appeal to the district court from the final ruling or
35decision of the civil service commission. The appeal shall be
-35-1taken within thirty days from the filing of the formal decision
2of the commission. The district court of the county in which
3the city is located shall have full jurisdiction of the appeal.
4The scope of review for the appeal shall be limited to de novo
5appellate review without a trial or additional evidence The
6appeal shall be a trial de novo as an equitable action in the
7district court.
8 Sec. 62. Section 400.28, Code 2023, is amended by striking
9the section and inserting in lieu thereof the following:
10400.28 Employees — number diminished.
111. When the public interest requires a diminution of
12employees in a classification or grade under civil service,
13the city council, acting in good faith, may do either of the
14following:
15a. Abolish the office and remove the employee from the
16employee’s classification or grade thereunder.
17b. Reduce the number of employees in any classification or
18grade by suspending the necessary number.
192. In case it thus becomes necessary to so remove or suspend
20any such employees, the persons so removed or suspended shall
21be those having seniority of the shortest duration in the
22classifications or grades affected, and such seniority shall be
23computed as provided in section 400.12 for all persons holding
24seniority in the classification or grade affected, regardless
25of their seniority in any other classification or grade, but
26any such employee so removed from any classification or grade
27shall revert to the employee’s seniority in the next lower
28grade or classification; if such seniority is equal, then the
29one less efficient and competent as determined by the person or
30body having the appointing power shall be the one affected.
313. In case of removal or suspension, the civil service
32commission shall issue to each person affected one certificate
33showing the person’s comparative seniority or length of service
34in each of the classifications or grades from which the person
35is so removed and the fact that the person has been honorably
-36-1removed. The certificate shall also list each classification
2or grade in which the person was previously employed. The
3person’s name shall be carried for a period of not less than
4three years after the suspension or removal on a preferred list
5and appointments or promotions made during that period to the
6person’s former duties in the classification or grade shall
7be made in the order of greater seniority from the preferred
8lists.
9 Sec. 63. SENIORITY RIGHTS REESTABLISHED. The seniority
10rights of any civil service employee extinguished pursuant to
11section 400.12, subsection 4, on or after February 17, 2017,
12are hereby reestablished, including accrual of seniority during
13the period of extinguishment.
14 Sec. 64. EFFECTIVE DATE. This division of this Act, being
15deemed of immediate importance, takes effect upon enactment.
16 Sec. 65. APPLICABILITY. This division of this Act applies
17to employment actions taken on or after the effective date of
18this division of this Act.
19DIVISION V
20HEALTH INSURANCE MATTERS
21 Sec. 66. REPEAL. Section 70A.41, Code 2023, is repealed.
22 Sec. 67. EFFECTIVE DATE. This division of this Act, being
23deemed of immediate importance, takes effect upon enactment.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to employment matters involving public
28employees including collective bargaining, educator employment
29matters, personnel records and settlement agreements, city
30civil service requirements, and health insurance matters. The
31bill generally strikes statutory changes made by 2017 Iowa
32Acts, House File 291, and restores statutory language in effect
33prior to the enactment of 2017 Iowa Acts, House File 291.
34DIVISION I — PUBLIC EMPLOYEE COLLECTIVE BARGAINING.
35 This division makes a variety of changes to Code chapter
-37-120, the public employment relations Act, as well as other
2Code provisions relating to collective bargaining by public
3employees.
4ELIMINATION OF PUBLIC SAFETY AND TRANSIT EMPLOYEE
5CATEGORIES. The division eliminates public safety employees
6and transit employees as separate categories of employees for
7the purposes of public employee collective bargaining, making
8affected provisions of Code chapter 20 applicable to all public
9employees governed by Code chapter 20.
10SCOPE OF NEGOTIATIONS. The division makes changes to
11subjects which are negotiated through collective bargaining
12between public employers and public employees under Code
13section 20.9.
14The division provides that the scope of negotiations for
15all public employees shall consist of wages, hours, vacations,
16insurance, holidays, leaves of absence, shift differentials,
17overtime compensation, supplemental pay, seniority, transfer
18procedures, job classifications, health and safety matters,
19evaluation procedures, procedures for staff reduction,
20in-service training, dues checkoff, grievance procedures for
21resolving any questions arising under the agreement, and
22other matters mutually agreed upon. The division provides
23that retirement systems shall be excluded from the scope of
24negotiations.
25The division strikes language providing that mandatory
26subjects of negotiation under Code section 20.9 shall be
27interpreted narrowly and restrictively. The division strikes
28language limiting the term of a collective bargaining agreement
29entered into pursuant to Code chapter 20 to a maximum of five
30years.
31ARBITRATION PROCEDURES. The division makes changes to the
32procedures for arbitration of impasses in collective bargaining
33between public employers and public employees under Code
34section 20.22.
35The division modifies the factors that an arbitrator is
-38-1required to consider in addition to any other relevant factors
2in making a final determination on an impasse item. The
3division requires an arbitrator to consider past collective
4bargaining contracts between the parties including the
5bargaining that led up to such contracts; comparison of wages,
6hours, and conditions of employment of the involved public
7employees with those of other public employees doing comparable
8work, giving consideration to factors peculiar to the area and
9the classifications involved; the interests and welfare of the
10public, the ability of the public employer to finance economic
11adjustments, and the effect of such adjustments on the normal
12standard of services; and the power of the public employer
13to levy taxes and appropriate funds for the conduct of its
14operations.
15The division strikes language permitting the parties to
16agree to change the four-day deadline to serve final offers on
17impasse items after a request for arbitration is received.
18The division strikes language prohibiting the parties to an
19arbitration from introducing, and the arbitrator from accepting
20or considering, any direct or indirect evidence regarding any
21subject excluded from negotiations pursuant to Code section
2220.9.
23The division strikes language providing for a maximum
24increase in base wages in an arbitrator’s award.
25PUBLIC EMPLOYEE ELECTIONS. The division makes changes to
26public employee elections conducted pursuant to Code section
2720.15.
28The division strikes language providing for retention and
29recertification elections and requires the public employment
30relations board (PERB) to cancel any such elections scheduled
31or in process. The division requires the PERB to consider a
32petition for certification of an employee organization as the
33exclusive representative of a bargaining unit for which an
34employee organization was not retained and recertified as the
35exclusive representative of that bargaining unit regardless of
-39-1the amount of time that has elapsed since the retention and
2recertification election, notwithstanding prior requirements
3prohibiting such consideration for two years.
4The division provides that the outcome of a certification
5or decertification election is determined by a majority vote
6of the members of the bargaining unit voting, rather than the
7total membership of the bargaining unit. The division provides
8for a runoff election if none of the choices on the ballot in a
9certification election receives a majority vote of the members
10of the bargaining unit voting.
11The division lowers the required percentage of support
12from employees in a bargaining unit required for an employee
13organization that did not submit a petition for certification
14as the exclusive bargaining representative of a bargaining unit
15to be listed on the ballot for a certification election from 30
16percent to 10 percent.
17The division strikes language prohibiting the PERB from
18considering a petition for certification as the exclusive
19bargaining representative of a bargaining unit unless a
20period of two years has elapsed from the date of the last
21certification election in which an employee organization
22was not certified as the exclusive representative of that
23bargaining unit or of the last decertification election in
24which an employee organization was decertified as the exclusive
25representative of that bargaining unit. The division prohibits
26the PERB from considering a petition for certification as the
27exclusive bargaining representative of a bargaining unit for
28one year after the employee organization is not certified in a
29certification election. The division makes additional changes
30relating to the scheduling of decertification elections.
31EMPLOYEE ORGANIZATION DUES. The division strikes a
32prohibition on public entities authorizing or administering
33a deduction from the salaries or wages of its employees for
34membership dues to an employee organization. The division
35provides procedures for administering such dues deductions.
-40- 1PERB DUTIES. The division provides that the PERB may
2interpret and apply, as well as administer, Code chapter 20.
3The division strikes language permitting the PERB to
4appoint a certified shorthand reporter to report state employee
5grievance and discipline resolution proceedings, to contract
6with a vendor to conduct elections, to establish fees to cover
7the cost of elections, and to retain certain funds collected by
8the PERB as repayment receipts.
9STATEWIDE COLLECTIVE BARGAINING AGREEMENTS FOLLOWING A
10GUBERNATORIAL ELECTION YEAR. The division strikes language
11providing for modified collective bargaining procedures for a
12proposed, statewide collective bargaining agreement to become
13effective in the year following a general election in which the
14governor and certain other elected officials are elected.
15CONFIDENTIAL RECORDS. The division strikes language
16providing that certain information relating to elections
17conducted by the PERB is a confidential record under Code
18chapter 22, the state open records law.
19MISCELLANEOUS PROVISIONS RELATING TO PUBLIC EMPLOYEE
20COLLECTIVE BARGAINING. The division strikes a definition of
21“supplemental pay”.
22The division strikes language providing that a public
23employer has the right to evaluate public employees in
24positions within the public agency. The division strikes
25language providing that a public employee has the right under
26Code section 20.8 to exercise any right or seek any remedy
27provided by law, including but not limited to Code sections
2870A.28 and 70A.29, Code chapter 8A, subchapter IV, and Code
29chapters 216 and 400.
30The division transfers language in Code section 20.10
31prohibiting a public employee or any employee organization
32from negotiating or attempting to negotiate directly with a
33member of the governing board of a public employer if the
34public employer has appointed or authorized a bargaining
35representative for the purpose of bargaining with the public
-41-1employees or their representative to Code section 20.17.
2The division decreases the amount of time before an employee
3organization decertified as the exclusive representative of a
4bargaining unit for violating an injunction against an unlawful
5strike can be certified again from 24 months to 12 months.
6The division strikes language prohibiting voluntary
7contributions by individuals to political parties or candidates
8through payroll deductions.
9The division strikes a requirement that a copy of a final
10collective bargaining agreement be filed with the PERB by
11the public employer within 10 days of the agreement being
12entered into. The division strikes a requirement that the
13PERB maintain an internet site that allows searchable access
14to a database of collective bargaining agreements and other
15collective bargaining information.
16The division changes the period before retirement for a
17prohibited voluntary reduction to a nonsupervisory rank or
18grade by a supervisor and related ineligibility for benefits
19from 36 months to 6 months.
20The division strikes language providing that a mediator
21shall not be required to testify in any arbitration proceeding
22regarding any matters occurring in the course of a mediation.
23The division requires a council, board of waterworks, or
24other board or commission which establishes a pension and
25annuity retirement system pursuant to Code chapter 412 to
26negotiate in good faith with a certified employee organization
27which is the collective bargaining representative of the
28employees, with respect to the amount or rate of the assessment
29on the wages and salaries of employees and the method or
30methods for payment of the assessment by the employees.
31The division makes additional conforming changes.
32TRANSITION PROVISIONS — DEADLINE. The division requires
33parties, mediators, and arbitrators engaging in any collective
34bargaining procedures provided for in Code chapter 20, Code
352023, who have not, before the effective date of the division,
-42-1completed such procedures, to immediately terminate any such
2procedures in process as of the effective date of the division.
3The division provides that a collective bargaining agreement
4negotiated pursuant to such procedures in process shall not
5become effective. The division prohibits parties, mediators,
6and arbitrators from engaging in further collective bargaining
7procedures except as provided in the division. The division
8requires such parties to commence collective bargaining in
9accordance with Code section 20.17, as amended by the division.
10The division requires such parties to complete such bargaining
11not later than June 30, 2023, unless the parties mutually agree
12to a different deadline.
13The division requires the PERB to adopt emergency rules to
14implement these requirements. The division also requires the
15department of administrative services to adopt emergency rules
16to implement the provisions of the division relating to dues
17deductions.
18EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
19takes effect upon enactment.
20With the exception of the section of the division amending
21Code section 20.6, subsection 1, the division does not apply
22to collective bargaining agreements which have been ratified
23in a ratification election, for which an arbitrator has made
24a final determination, or which have become effective, where
25such events occurred before the effective date of the division.
26The division applies to all collective bargaining procedures
27provided for in Code chapter 20 occurring on and after the
28effective date of the division and collective bargaining
29agreements for which a ratification election is held, for which
30an arbitrator makes a final determination, or which become
31effective on or after the effective date of the division.
32DIVISION II — EDUCATOR EMPLOYMENT MATTERS. This division
33makes a variety of changes relating to educator employment
34matters.
35TERMINATION OF TEACHER EMPLOYMENT CONTRACTS. The division
-43-1makes various changes relating to the termination of teacher
2employment contracts.
3The division shortens various procedural deadlines
4regarding private hearings held after a superintendent
5recommends termination of a teacher’s employment contract.
6The division makes participation in such a private hearing
7by the superintendent, the superintendent’s designated
8representatives, the teacher’s immediate supervisor, the
9teacher, and the teacher’s representatives mandatory on the
10part of those individuals instead of discretionary. The
11division requires that the school board employ a certified
12shorthand reporter to keep a record of a private hearing.
13The division requires the school board to issue subpoenas
14for witnesses and evidence on behalf of the board and the
15teacher. The division provides for a judicial remedy if a
16witness appears and refuses to testify or to produce required
17books or papers at a private hearing. The division authorizes
18the superintendent and the teacher to file written briefs and
19arguments with the board at the conclusion of the private
20hearing. The division provides deadlines for determining
21the status of the teacher’s contract if the teacher does not
22request a private hearing. The division requires that the
23decision of the board include findings of fact and conclusions
24of law. The division strikes language authorizing a school
25board which votes to continue a teacher’s contract to issue
26the teacher a one-year, nonrenewable contract. The division
27permits a teacher to appeal the board’s determination to an
28adjudicator and provides procedures for such appeals.
29TEACHER PROBATIONARY PERIODS. The division makes various
30changes relating to probationary employment of teachers.
31The division decreases from two years to one year the
32length of a teacher’s probationary employment period in a
33school district if the teacher has successfully completed a
34probationary period of employment for another school district
35located in Iowa.
-44- 1The division provides that requirements for notices of
2termination, private hearings, and appeals applicable to
3nonprobationary teachers whose employment contracts are
4terminated are applicable to probationary teachers whose
5employment contracts are terminated. The division strikes
6alternative procedures for the termination of employment
7contracts of such probationary teachers, including notification
8procedures and the opportunity to request a private conference
9with the school board.
10EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC COACH CONTRACTS.
11 The division makes various changes relating to extracurricular
12interscholastic athletic coach employment contracts.
13The division provides that wages for such coaches shall be
14paid pursuant to established or negotiated supplemental pay
15schedules. The division provides that employment contracts
16of such coaches shall be continued automatically in force and
17effect for equivalent periods and that the termination of such
18contracts follows procedures similar to those used for teacher
19contracts. The division strikes language providing that
20employment contracts of such coaches may be terminated prior to
21their expiration for any lawful reason following an informal,
22private hearing before the school board. The division strikes
23language providing that the decision of the school board to
24terminate such a contract is final.
25SCHOOL ADMINISTRATOR EMPLOYMENT MATTERS. The division makes
26various changes relating to school administrator employment
27matters.
28The division provides that the rate of compensation in an
29administrator’s employment contract must be on a weekly or
30monthly basis.
31The division strikes language authorizing a school board to
32issue a temporary employment contract to an administrator for
33a period of up to nine months.
34The division strikes language authorizing a school board to
35issue a one-year, nonrenewable employment contract and instead
-45-1authorizes a school board considering the termination of an
2administrator’s contract and the administrator to mutually
3agree to enter into such a contract.
4The division decreases the probationary employment period
5for administrators from three years to two years and authorizes
6a school board to waive the probationary period for an
7administrator who previously served a probationary period in
8another school district.
9The division strikes language providing that a hearing
10before an administrative law judge requested by an
11administrator whose employment contract a school board is
12considering terminating shall be a private hearing. The
13division reduces certain procedural deadlines relating to such
14hearings. The division strikes language providing that any
15witnesses for the parties at the hearing shall be sequestered.
16The division requires that the decision of the board include
17findings of fact and conclusions of law. The division strikes
18language authorizing a school board which votes to continue an
19administrator’s contract to issue the administrator a one-year,
20nonrenewable contract.
21INTENSIVE ASSISTANCE PROGRAMS. The division makes various
22changes relating to intensive assistance programs.
23The division strikes language providing that a teacher who
24has previously participated in an intensive assistance program
25relating to particular Iowa teaching standards or criteria
26shall not be entitled to participate in another intensive
27assistance program relating to the same standards or criteria.
28The division strikes language providing that following a
29teacher’s participation in an intensive assistance program, the
30teacher shall be reevaluated to determine whether the teacher
31successfully completed the intensive assistance program and
32is meeting district expectations under the applicable Iowa
33teaching standards or criteria. The division strikes language
34providing that if the teacher did not successfully complete
35the intensive assistance program or continues not to meet the
-46-1applicable Iowa teaching standards or criteria, the board may
2initiate procedures to terminate the teacher’s employment
3contract immediately or at the end of the school year or may
4continue the teacher’s contract for a period not to exceed one
5year on a nonrenewable basis and without the right to a private
6hearing.
7MISCELLANEOUS PROVISIONS RELATING TO EDUCATOR EMPLOYMENT
8MATTERS. The division strikes language authorizing a school
9board to issue a temporary employment contract to a teacher for
10a period of up to six months.
11The division strikes language providing that just cause
12for which a teacher may be discharged at any time during the
13contract year under Code section 279.27 includes but is not
14limited to a violation of the code of professional conduct
15and ethics of the board of educational examiners if the board
16has taken disciplinary action against a teacher during the
17six months following issuance by the board of a final written
18decision and finding of fact after a disciplinary proceeding.
19The division either authorizes or requires a school board
20and its certified bargaining representative to negotiate
21various matters pursuant to Code chapter 20.
22The division makes additional conforming changes.
23EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
24takes effect upon enactment.
25The division applies to employment contracts of school
26employees entered into pursuant to Code chapter 279 on and
27after the effective date of the division. The division does
28not apply to collective bargaining agreements pursuant to Code
29chapter 20 which have been ratified in a ratification election,
30for which an arbitrator has made a final determination, or
31which have become effective, where such events occurred before
32the effective date of the division. The division applies to
33all collective bargaining procedures provided for in Code
34chapter 20 occurring on and after the effective date of the
35division and collective bargaining agreements pursuant to Code
-47-1chapter 20 for which a ratification election is held, for which
2an arbitrator makes a final determination, or which become
3effective on or after the effective date of the division.
4DIVISION III — PERSONNEL RECORDS AND SETTLEMENT AGREEMENTS.
5 This division makes changes relating to public employee
6personnel records and settlement agreements.
7PERSONNEL RECORDS. The division strikes language providing
8that certain information relating to the discipline,
9resignation, discharge, or demotion of a public employee is a
10public record and requiring notice to affected employees.
11PERSONNEL SETTLEMENT AGREEMENTS. The division also strikes
12language prohibiting a personnel settlement agreement between
13the state and a state executive branch employee that contains
14confidentiality or nondisclosure provisions that attempt to
15prevent the disclosure of the agreement.
16EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
17takes effect upon enactment.
18The division applies to requests for records submitted on or
19after the effective date of the division.
20DIVISION IV — CITY CIVIL SERVICE REQUIREMENTS. This
21division makes a variety of changes relating to city civil
22service requirements under Code chapter 400.
23SENIORITY RIGHTS. The division strikes language permitting
24a city council to extinguish statutory seniority rights of
25all city civil service employees who are not employed or
26appointed as a fire fighter or police officer, fire chief or
27police chief, or assistant fire chief or assistant police
28chief, unless otherwise provided in a collective bargaining
29agreement. The division reestablishes any such rights so
30extinguished, including accrual of seniority during the period
31of extinguishment.
32ADVERSE EMPLOYMENT ACTIONS — GROUNDS AND PROCEDURES.The
33division provides that adverse employment action may be taken
34against a city civil service employee for neglect of duty,
35disobedience, misconduct, or failure to properly perform the
-48-1person’s duties. The division strikes language permitting
2such action to be taken due to any act or failure to act by
3the employee that is in contravention of law, city policies,
4or standard operating procedures, or that in the judgment
5of the person having the appointing power as provided in
6this Code chapter, or the chief of police or chief of the
7fire department, is sufficient to show that the employee is
8unsuitable or unfit for employment.
9The division strikes language providing that the scope of
10review for an appeal to district court from a civil service
11commission shall be limited to de novo appellate review without
12a trial or additional evidence, instead providing that the
13appeal shall be a trial de novo as an equitable action.
14DIMINUTION OF EMPLOYEES. The division provides that a
15diminution of city employees by a city council can only be
16implemented when the public interest requires. The division
17permits a diminution to be carried out either by abolishing
18an office and removing the employee from the employee’s
19classification or grade thereunder, or reducing the number of
20employees in any classification or grade by suspending the
21necessary number. The division provides for such removal to be
22carried out based on seniority and requires that employees so
23removed be placed on a preferred list for at least three years
24for purposes of appointments or promotions made during that
25period to the person’s former duties.
26MISCELLANEOUS PROVISIONS. The division makes changes in
27terminology relating to adverse employment actions for city
28civil service employees.
29The division makes additional conforming changes.
30EFFECTIVE DATE AND APPLICABILITY PROVISIONS. The division
31takes effect upon enactment.
32The division applies to employment actions taken on or after
33the effective date of the division.
34DIVISION V — HEALTH INSURANCE MATTERS. This division
35strikes a requirement that a public employer shall offer health
-49-1insurance to all permanent, full-time public employees employed
2by the public employer.
3EFFECTIVE DATE. The division takes effect upon enactment.
-50-je/rn