CHAPTER 279DIRECTORS — POWERS AND DUTIESReferred to in 55.1, 256F.4, 260C.14, 260C.39, 261E.9, 262.9, 272.12, 274.3, 284.3
For student search restrictions, see chapter 808A
279.1Organization.
279.2Special meetings.
279.3Appointment of secretary and treasurer.
279.4Quorum.
279.5Temporary officers.
279.6Vacancies qualification tenure.
279.7Vacancies filled by special election qualification tenure.
279.7AInterest in public contracts prohibited — exceptions.
279.8General rules — bonds of employees.
279.8ATraffic and parking.
279.9Use of tobacco, alcoholic beverages, or controlled substances.
279.9AStudent transfers information sharing.
279.9BReports to juvenile authorities.
279.10School year — beginning date — exemption.
279.11Number of schools — attendance — terms.
279.12Contracts — teachers — insurance — educational leave.
279.13Contracts with teachers — automatic continuation — initial background investigations.
279.14Evaluation criteria and procedures.
279.14APractitioner performance improvement program. Repealed by 2009 Acts, ch 54, §14.
279.15Notice of termination — request for hearing.
279.16Private hearing — decision — record.
279.17Appeal by teacher to adjudicator. Repealed by 2017 Acts, ch 2, §47 – 49.
279.18Appeal by teacher to court.
279.19Probationary period.
279.19AExtracurricular contracts.
279.19BCoaching endorsement and authorization.
279.20Superintendent — term — employment of support personnel.
279.21Principals.
279.22Residence of employees.
279.23Continuing contract for administrators.
279.23AEvaluation criteria and procedures.
279.24Contract with administrators — automatic continuation or termination.
279.25Discharge of administrator.
279.26Lease arrangements.
279.27Discharge of teacher.
279.28Insurance — supplies — textbooks.
279.29Claims — investments.
279.30Payments exceptions.
279.31Settlement with treasurer.
279.32Compensation of officers.
279.33Annual settlements.
279.34Motor vehicles required to operate on ethanol blended gasoline.
279.35Publication of proceedings.
279.36Publication procedures and fee.
279.37Employment of counsel.
279.38Membership in association of school boards audit.
279.38AMembership in other organizations reporting requirements.
279.39School buildings.
279.40Sick leave.
279.41Schoolhouses and sites sold — funds.
279.42Gifts to schools.
279.43Reporting inappropriate teaching assignments.
279.44Energy audits.
279.45Administrative expenditures.
279.46Retirement incentives tax.
279.47Telecommunications — participation by school districts in database development.
279.48Equipment purchase.
279.49Child care programs.
279.50Human growth and development instruction.
279.51Programs for at-risk children.
279.52Optional funding of asbestos projects.
279.53Loan proceeds.
279.54School district income surtax. Repealed by 2000 Acts, ch 1072, §3.
279.55Teacher exchange program. Repealed by 2016 Acts, ch 1036, §15.
279.56Board participation. Repealed by 2016 Acts, ch 1036, §15.
279.57Period of exchange. Repealed by 2016 Acts, ch 1036, §15.
279.58School dress code policies.
279.59Access by associations.
279.60 Assessments access to data reports.
279.61Individual career and academic plan report.
279.62Nonprofit school organizations.
279.63Financial report.
279.64Tax-sharing agreements.
279.65Student advancement policy — findings — supplemental strategies and educational services grant program. Repealed by 2008 Acts, ch 1181, §40.
279.66Discipline and personal conduct standards.
279.67Competitive living wage.
279.68Student progression intensive reading instruction reporting requirements.
279.69School employees background investigations.
279.70Training on suicide prevention, adverse childhood experiences identification, and toxic stress response mitigation strategies.
279.71Student online personal information protection.
279.1Organization.1.  The board of directors of each school corporation shall meet and organize at the first regular meeting after the canvass for the regular school election at some suitable place to be designated by the secretary. Notice of the place and hour of the meeting shall be given by the secretary to each member and member-elect of the board.2.  Such organization shall be effected by the election of a president from the members of the board to serve for one year, and who shall be entitled to vote as a member.[C51, §1119; R60, §2036; C73, §1721, 1722; C97, §2757; SS15, §2757; C24, 27, 31, 35, 39, §4220; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.1]87 Acts, ch 224, §47, 90 Acts, ch 1238, §37, 2010 Acts, ch 1033, §39Referred to in 275.37279.2Special meetings.Such special meetings may be held as may be determined by the board, or called by the president, or by the secretary upon the written request of a majority of the members of the board, upon notice specifying the time and place, delivered to each member in person, or by registered letter, but attendance shall be a waiver of notice.[C51, §1121; R60, §2036; C73, §1722; C97, §2757; SS15, §2757; C24, 27, 31, 35, 39, §4221; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.2]279.3Appointment of secretary and treasurer.1.  The board shall appoint a secretary who shall not be a teacher employed by the board but may be another employee of the board. The board shall also appoint a treasurer who may be another employee of the board. However, the board may appoint one person to serve as the secretary and the treasurer.2.  These officers shall be appointed from outside the membership of the board and the appointment and qualification shall be entered of record in the minutes of the secretary. They shall qualify within ten days following appointment by taking the oath of office in the manner required by section 277.28 and filing a bond as required by section 291.2 and shall hold office until their successors are appointed and qualified.[C51, §1119; R60, §2035; C73, §1721; C97, §2757; SS15, §2757; C24, 27, 31, 35, 39, §4222; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.3; 1982 Acts, ch 1012, §1]1985 Acts, ch 28, §1; 2001 Acts, ch 47, §1; 2003 Acts, ch 180, §30Referred to in 291.2279.4Quorum.A majority of the board of directors of any school corporation shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.[C51, §1120; R60, §2037, 2038, 2079; C73, §1730, 1738; C97, §2758, 2771, 2772; S13, §2758, 2771, 2772; C24, 27, 31, 35, 39, §4223; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.4]279.5Temporary officers.The board shall appoint a temporary president or secretary, in the absence of the regular officers.[C51, §1120; R60, §2037, 2038, 2079; C73, §1730, 1738; C97, §2758, 2771, 2772; S13, §2758, 2771, 2772; C24, §4223; C27, 31, 35, §4223-a1; C39, §4223.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.5]279.6Vacancies qualification tenure.1.a.  Except as provided in paragraph “b” and subsection 2, vacancies occurring among the officers or members of a school board shall be filled by the board by appointment. A person so appointed to fill a vacancy in an elective office shall hold office until a successor is elected and qualified at the next regular school election, unless there is an intervening special election for the school district, in which event a successor shall be elected at the intervening special election, in accordance with section 69.12. To fill a vacancy occurring among the members of a school board, the board shall publish notice in the manner prescribed by section 279.36, stating that the board intends to fill the vacancy by appointment but that the electors of the school district have the right to file a petition requiring that the vacancy be filled by a special election conducted pursuant to section 279.7. The board may publish notice in advance if a member of the board submits a resignation to take effect at a future date. The board may make an appointment to fill the vacancy after the notice is published or after the vacancy occurs, whichever is later.b.(1)  If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs more than one hundred eighty days before the next regular school election, or after the filing period closes pursuant to section 277.4, subsection 1, for the next regular school election, there is filed with the secretary of the school board a petition requesting a special election to fill the vacancy, an appointment to fill the vacancy is temporary until a successor is elected and qualified, and the board shall call a special election pursuant to section 279.7, to fill the vacancy for the remaining balance of the unexpired term.(2)  If within fourteen days after publication of a notice required pursuant to paragraph “a” for a vacancy that occurs one hundred eighty days or less but more than forty days before the next regular school election there is filed with the secretary of the school board a petition requesting to fill the vacancy by election, an appointment to fill the vacancy is temporary until a successor is elected and qualified, and the school board shall require that the remaining balance of the unexpired term be filled at the next regular school election.(3)  For a petition to be valid under this paragraph “b”, the petition must be signed by eligible electors equal in number to not less than one hundred or thirty percent of the number of voters at the last preceding regular school election, whichever is greater.(4)  Notwithstanding any requirement of this paragraph to the contrary, when the board is reduced below a quorum, the secretary of the board, or if there is no secretary, the area education agency administrator, shall call a special election in the district, subdistrict, or subdistricts, as the case may be, to fill the vacancies.c.  A person appointed to fill a vacancy in an appointive office shall hold such office for the residue of the unexpired term and until a successor is appointed and qualified. Any person so appointed shall qualify within ten days thereafter in the manner required by section 277.28.2.  A vacancy shall be filled at the next regular school election if a member of a school board resigns from the board not later than forty-five days before the election and the notice of resignation specifies an effective date at the beginning of the next term of office for elective school officials. The president of the board shall declare the office vacant as of the date of the next organizational meeting. Nomination papers shall be received for the unexpired term of the resigning member. The person elected at the next regular school election to fill the vacancy shall take office at the same time and place as the other elected school board members.[C51, §1120; R60, §2037, 2038, 2079; C73, §1730, 1738; C97, §2758, 2771, 2772; S13, §2758, 2771, 2772; C24, §4223; C27, 31, 35, §4223-a2; C39, §4223.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.6]2002 Acts, ch 1134, §91, 115, 2015 Acts, ch 140, §56, 58, 59, 2016 Acts, ch 1121, §9, 2017 Acts, ch 120, §10Referred to in 275.25, 275.41, 277.30, 279.7279.7Vacancies filled by special election qualification tenure.1.  If a vacancy or vacancies occur among the elective officers or members of a school board and the remaining members of the board have not filled the vacancy within thirty days after the vacancy occurs or if a valid petition is submitted to the secretary of the board pursuant to section 279.6, subsection 1, or when the board is reduced below a quorum, the secretary of the board, or if there is no secretary, the area education agency administrator, shall call a special election in the district, subdistrict, or subdistricts, as the case may be, to fill the vacancy or vacancies. The county commissioner of elections shall publish the notices required by law for special elections, and the election shall be held not sooner than thirty days nor later than forty days after the thirtieth day following the day the vacancy occurs. If the secretary fails for more than three days to call an election, the administrator shall call it.2.   An appointment by the board to fill any vacancy in an elective office on or after the day notice has been given for a special election to fill such vacancy as provided in this section shall be null and void.3.  In the case of a special election as provided in this section to fill a vacancy occurring among the elective officers or members of a school board before the expiration of a full term, the person so elected shall qualify within ten days thereafter in the manner required by section 277.28 and shall hold office for the residue of the unexpired term and until a successor is elected, or appointed, and qualified.4.  Nomination petitions shall be filed in the manner provided in section 277.4, except that the petitions shall be filed not less than twenty-five days before the date set for the election.[C51, §1120; R60, §2037, 2038, 2079; C73, §1730, 1738; C97, §2758, 2771, 2772; S13, §2758, 2771, 2772; C24, §4223; C27, 31, 35, §4223-b1; C39, §4223.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.7]87 Acts, ch 48, §1, 89 Acts, ch 136, §65, 93 Acts, ch 67, §1, 2010 Acts, ch 1033, §40, 2015 Acts, ch 140, §57 – 59, 2016 Acts, ch 1121, §10Referred to in 275.25, 275.41, 277.30, 279.6279.7AInterest in public contracts prohibited — exceptions.A member of the board of directors of a school corporation shall not have an interest, direct or indirect, in a contract for the purchase of goods, including materials and profits, and the performance of services for the director’s school corporation. A contract entered into in violation of this section is void. This section does not apply to contracts for the purchase of goods or services which benefit a director, or to compensation for part-time or temporary employment which benefits a director, if the benefit to the director does not exceed two thousand five hundred dollars in a fiscal year, and contracts made by a school board, upon competitive bid in writing, publicly invited and opened. This section does not apply to a contract that is a bond, note, or other obligation of a school corporation if the contract is not acquired directly from the school corporation, but is acquired in a transaction with a third party, who may or may not be the original underwriter, purchaser, or obligee of the contract, or to a contract in which a director has an interest solely by reason of employment if the contract is made by competitive bid in writing, publicly invited and opened, or if the remuneration of employment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competitive bid qualification of this section does not apply to a contract for professional services not customarily awarded by competitive bid.1990 Acts, ch 1209, §2; 1991 Acts, ch 258, §40; 2000 Acts, ch 1187, §1; 2001 Acts, ch 53, §2; 2003 Acts, ch 36, §1Referred to in 277.27, 298A.15279.8General rules — bonds of employees.1.  The board shall make rules for its own government and that of the directors, officers, employees, teachers and pupils, and for the care of the schoolhouse, grounds, and property of the school corporation, and shall aid in the enforcement of the rules, and require the performance of duties imposed by law and the rules. The board shall include in its rules provisions regulating the loading and unloading of pupils from a school bus stopped on the highway during a period of reduced highway visibility caused by fog, snow or other weather conditions. The board shall have the authority to include in its rules provisions allowing school corporation employees to use school credit cards to pay for the actual and necessary expenses incurred in the performance of work-related duties.2.  Employees of a school corporation maintaining a high school who have the custody of funds belonging to the corporation or funds derived from extracurricular activities and other sources in the conduct of their duties, shall be required to furnish suitable bond indemnifying the corporation or any activity group connected with the school against loss, and employees who have the custody of property belonging to the corporation or any activity group connected with the school may be required to furnish such bond. Said bond or bonds may be in such form and penalty as the board may approve and the premiums on same shall be paid from the general fund of the corporation.[R60, §2037; C97, §2772; S13, §2772; C24, 27, 31, 35, 39, §4224; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.8]1984 Acts, ch 1315, §35Referred to in 279.9B, 279.22, 808A.1279.8ATraffic and parking.1.  The board may make necessary rules to provide for the policing, control, and regulation of traffic and parking of vehicles and bicycles on school grounds. The rules may provide for the use of institutional roads, driveways, and grounds; registration of vehicles and bicycles; the designation of parking areas; the erection and maintenance of signs designating prohibitions or restrictions; the installation and maintenance of parking control devices; and assessment, enforcement, and collection of reasonable penalties for the violation of the rules.2.  Rules made under this section may be enforced under procedures adopted by the board. Penalties may be imposed for violation of the rules, including but not limited to a reasonable monetary penalty. The rules made under this section may also be enforced by the impoundment of vehicles and bicycles for violation of the rules. The board shall establish procedures for the determination of controversies in connection with the imposition of penalties. The procedures must require giving notice of the violation and the penalty prescribed and providing the opportunity for an administrative hearing.3.  The board may contract with a city or county to enforce rules made under this section by ordinance of the city or county, and shall consult with local government transportation officials to ensure that rules made pursuant to this section are not in conflict with city or county parking and traffic ordinances.96 Acts, ch 1219, §70, 2017 Acts, ch 54, §76279.9Use of tobacco, alcoholic beverages, or controlled substances.The rules shall prohibit the use of tobacco and the use or possession of alcoholic liquor, wine, or beer or any controlled substance as defined in section 124.101, subsection 5, by any student of the schools and the board may suspend or expel a student for a violation of a rule under this section.[S13, §2772; C24, 27, 31, 35, 39, §4225; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.9]1994 Acts, ch 1131, §2Referred to in 260C.14, 279.9A, 808A.1279.9AStudent transfers information sharing.The rules referred to in section 279.9 shall provide that upon the request of school officials of a school to which the student seeks to transfer or has transferred, school officials of the sending school shall provide an accurate record of any suspension or expulsion actions taken, and the basis for those actions taken, against the student under sections 279.9, 280.19A, 280.21B, 282.3, 282.4, and 282.5. The designated representative shall disclose this information only to those school employees whose duties require them to be involved with the student. For purposes of this section, “school employees” means persons employed by a nonpublic school or school district, or any area education agency staff member who provides services to a school or school district.94 Acts, ch 1131, §3, 2013 Acts, ch 90, §68279.9BReports to juvenile authorities.The rules adopted under section 279.8 shall require, once school officials have been notified by a juvenile court officer that a student attending the school is under supervision or has been placed on probation, that school officials shall notify the juvenile court of each unexcused absence or suspension or expulsion of the student.1997 Acts, ch 126, §37279.10School year — beginning date — exemption.1.  The school year for each school district and accredited nonpublic school shall begin on July 1 and the school calendar shall begin no sooner than August 23 and no later than the first Monday in December. The school calendar shall include not less than one hundred eighty days or one thousand eighty hours of instruction during the calendar year. The board of directors of a school district and the authorities in charge of an accredited nonpublic school shall determine the school start date for the school calendar in accordance with this subsection and shall set the number of days or hours of required attendance for the school year as provided in section 299.1, subsection 2, but the board of directors of a school district shall hold a public hearing on any proposed school calendar prior to adopting the school calendar. If the board of directors of a district or the authorities in charge of an accredited nonpublic school extends the school calendar because inclement weather caused the school district or accredited nonpublic school to temporarily close during the regular school calendar, the school district or accredited nonpublic school may excuse a graduating senior who has met district or school requirements for graduation from attendance during the extended school calendar. A school corporation may begin employment of personnel for in-service training and development purposes before the date to begin elementary and secondary school.2.  The board of directors of a school district and the authorities in charge of an accredited nonpublic school may apply to the department of education for authorization to maintain a year-round school calendar at an attendance center or school for students in prekindergarten through grade eight. However, a board shall hold a public hearing on any proposal relating to authorization for a year-round school calendar prior to submitting an application under this subsection to the department of education for approval.a.  The initial application for a year-round school calendar shall be submitted to the department of education not later than November 1 of the preceding school year. The department shall notify the board or the authorities of the approval or denial of an application not later than the next following January 15. The application may be approved for one or two years at a time. A board or the authorities in charge may reapply to renew an authorization by November 1 of the year prior to expiration of the authorization.b.  An attendance center or school authorized to maintain a year-round calendar must serve all students attending the school and shall not be limited based on student achievement or based on the trait or characteristic of the student as defined in section 280.28.c.  An attendance center or school authorized to maintain a year-round school calendar under this subsection shall provide at least ten days of instruction or the hourly equivalent during eleven of the twelve months of the school year. The period of time between instructional days shall not exceed six weeks.d.  A year-round school calendar authorized pursuant to this subsection is exempt from the school start date specified in subsection 1.[R60, §2023, 2037; C73, §1724, 1727; C97, §2773; S13, §2773; C24, 27, 31, 35, 39, §4226; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.10]83 Acts, ch 17, §1, 3, 4, 85 Acts, ch 6, §1, 2, 86 Acts, ch 1245, §1467, 88 Acts, ch 1087, §1, 88 Acts, ch 1259, §1, 90 Acts, ch 1272, §68, 94 Acts, ch 1020, §1, 2010 Acts, ch 1061, §180, 2013 Acts, ch 121, §81, 82, 85, 2014 Acts, ch 1003, §2, 2015 Acts, ch 31, §2, 3, 5, 2015 Acts, ch 138, §40, 52, 161, 2016 Acts, ch 1011, §44Referred to in 256.7, 256F.4, 257.17, 299.1279.11Number of schools — attendance — terms.The board of directors shall determine the number of schools to be taught, divide the corporation into such wards or other divisions for school purposes as may be proper, determine the particular school which each child shall attend, and designate the period each school shall be held beyond the time required by law.[R60, §2023, 2037; C73, §1724, 1727; C97, §2773; S13, §2773; C24, 27, 31, 35, 39, §4227; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.11]279.12Contracts — teachers — insurance — educational leave.1.  The board shall carry into effect any instruction from the regular election upon matters within the control of the voters, and shall elect all teachers and make all contracts necessary or proper for exercising the powers granted and performing the duties required by law, and may establish and pay all or any part thereof from school district funds the cost of group health insurance plans, nonprofit group hospital service plans, nonprofit group medical service plans, and group life insurance plans adopted by the board for the benefit of employees of the school district, but the board may authorize any subdirector to employ teachers for the school in the subdirector’s subdistrict; but no such employment by a subdirector shall authorize a contract, the entire period of which is wholly beyond the subdirector’s term of office.2.  The board may enter into an agreement pursuant to chapter 28E with another school district or an area education agency for the purpose of jointly procuring a group health insurance plan, nonprofit group hospital service plan, nonprofit group medical service plan, or group life insurance plan for the benefit of the districts or agencies which are parties to the agreement. Such plan may include a cafeteria plan as defined in 26 C.F.R. §1.125-2T. An agreement entered into pursuant to this subsection shall not be construed to establish a multiple employer welfare arrangement as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. §1002, paragraph 40.3.  The board may approve a policy for educational leave for licensed school employees and for reimbursement for tuition paid by licensed school employees for courses approved by the board. The board of directors of a community college may approve a policy for educational leave for its instructors and for reimbursement for tuition paid by its instructors for courses approved by the board. For the purpose of this section, “educational leave” means a leave granted to an employee for the purpose of study including study in areas outside of a teacher’s area of specialization, travel, or other reasons deemed by the board to be of value to the school system.[C73, §1723, 1757; C97, §2778; SS15, §2778; C24, 27, 31, 35, 39, §4228; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.12]89 Acts, ch 265, §40, 95 Acts, ch 22, §1, 2002 Acts, ch 1047, §13, 20, 2017 Acts, ch 54, §76Referred to in 262.9, 272.15, 273.22, 275.33279.13Contracts with teachers — automatic continuation — initial background investigations.1.a.  Contracts with teachers, which for the purpose of this section means all licensed employees of a school district and nurses employed by the board, excluding superintendents, assistant superintendents, principals, and assistant principals, shall be in writing and shall state the number of contract days, the annual compensation to be paid, and any other matters as may be mutually agreed upon. The contract may include employment for a term not exceeding the ensuing school year, except as otherwise authorized.b.(1)  Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under chapter 272, the school district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant for employment as a teacher.(2)  The school district may charge the applicant a fee not to exceed the actual cost charged the school district for the state and national criminal history checks and registry checks conducted pursuant to subparagraph (1).c.  The contract is invalid if the teacher is under contract with another board of directors to teach during the same time period until a release from the other contract is achieved. The contract shall be signed by the president of the board, or by the superintendent if the board has adopted a policy authorizing the superintendent to sign teaching contracts, when tendered, and after it is signed by the teacher, the contract shall be filed with the secretary of the board before the teacher enters into performance under the contract.2.  The contract shall remain in force and effect for the period stated in the contract and shall be automatically continued for equivalent periods except as modified or terminated by mutual agreement of the board of directors and the teacher or as modified or terminated in accordance with the provisions specified in this chapter. A contract shall not be offered by the employing board to a teacher under its jurisdiction prior to March 15 of any year. A teacher who has not accepted a contract for the ensuing school year tendered by the employing board may resign effective at the end of the current school year by filing a written resignation with the secretary of the board. The resignation must be filed not later than the last day of the current school year or the date specified by the employing board for return of the contract, whichever date occurs first. However, a teacher shall not be required to return a contract to the board or to resign less than twenty-one days after the contract has been offered.3.  If the provisions of a contract executed or automatically renewed under this section conflict with a collective bargaining agreement negotiated under chapter 20 and effective when the contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail.4.  For purposes of this section, sections 279.14, 279.15 , 279.16, 279.19, and 279.27, unless the context otherwise requires, “teacher” includes the following individuals employed by a community college:a.  An instructor, but does not include an adjunct instructor.b.  A librarian, including those denoted as being a learning resource specialist or a media specialist.c.  A counselor.5.  Notwithstanding the other provisions of this section, a temporary contract may be issued to a teacher for a period of up to six months. Notwithstanding the other provisions of this section, a temporary contract may also be issued to a teacher to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the teaching position. Temporary contracts shall not be subject to the provisions of sections 279.15 through 279.19, or section 279.27. A separate extracurricular contract issued pursuant to section 279.19A to a person issued a temporary contract under this section shall automatically terminate with the termination of the temporary contract as required under section 279.19A, subsection 8.[R60, §2055; C73, §1757; C97, §2778; SS15, §2778; C24, 27, 31, 35, 39, §4229; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.13]89 Acts, ch 265, §40, 2001 Acts, ch 159, §10, 2003 Acts, ch 19, §1, 2003 Acts, ch 180, §31, 2007 Acts, ch 108, §11, 2007 Acts, ch 215, §102, 2008 Acts, ch 1181, §35, 36, 2009 Acts, ch 119, §40, 2009 Acts, ch 133, §103, 2017 Acts, ch 2, §28, 29, 48, 49Referred to in 261.112, 262.9, 272.2, 272.15, 273.3, 273.22, 275.33, 279.16, 279.19A, 279.19B, 279.23, 279.43, 279.69, 284.2, 284.3A, 284.15, 284.16
For provisions relating to applicability of 2017 amendments to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.14Evaluation criteria and procedures.1.  The board shall establish evaluation criteria and evaluation procedures. 2.  The determination of standards of performance expected of school district personnel shall be reserved as an exclusive management right of the school board and shall not be subject to mandatory negotiations under chapter 20. Objections to the procedures, use, or content of an evaluation in a teacher termination proceeding brought before the school board in a hearing held in accordance with section 279.16 or 279.27 shall not be subject to any grievance procedures negotiated in accordance with chapter 20. [C77, 79, 81, §279.14]98 Acts, ch 1215, §41, 98 Acts, ch 1216, §24, 2010 Acts, ch 1061, §47, 2017 Acts, ch 2, §30, 48, 49Referred to in 262.9, 279.13, 279.16, 279.19B, 284.3
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.14APractitioner performance improvement program.Repealed by 2009 Acts, ch 54, §14. 279.15Notice of termination — request for hearing.1.  The superintendent or the superintendent’s designee shall notify the teacher not later than April 30 that the superintendent will recommend in writing to the board at a regular or special meeting of the board, held not later than May 15, that the teacher’s continuing contract be terminated effective at the end of the current school year. However, if the district is subject to reorganization under chapter 275, the notification shall not occur until after the first organizational meeting of the board of the newly formed district.2.a.  Notification of recommendation of termination of a teacher’s contract shall be in writing and shall be personally delivered to the teacher, or mailed by certified mail. The notification shall be complete when received by the teacher. The notification and the recommendation to terminate shall contain a short and plain statement of the reasons, which shall be for just cause, why the recommendation is being made. The notification shall be given at or before the time the recommendation is given to the board.b.  As a part of the termination proceedings, the teacher’s complete personnel file of employment by that board shall be available to the teacher, which file shall contain a record of all periodic evaluations between the teacher and appropriate supervisors.c.  Within five days of the receipt of the written notice that the superintendent is recommending termination of the contract, the teacher may request, in writing to the secretary of the board, a private hearing with the board. The private hearing shall not be subject to chapter 21 and shall be held no sooner than twenty days and no later than forty days following the receipt of the request unless the parties otherwise agree. The secretary of the board shall notify the teacher in writing of the date, time, and location of the private hearing, and at least ten days before the hearing shall also furnish to the teacher any documentation which may be presented to the board at the private hearing and a list of persons who may address the board in support of the superintendent’s recommendation at the private hearing. At least seven days before the hearing, the teacher shall provide any documentation the teacher expects to present at the private hearing, along with the names of any persons who may address the board on behalf of the teacher. This exchange of information shall be at the time specified unless otherwise agreed.[R60, §2055; C73, §1757; C97, §2778; SS15, §2778; C24, 27, 31, 35, 39, §4229; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.13; C77, 79, 81, §279.15]86 Acts, ch 1239, §4, 91 Acts, ch 174, §7, 92 Acts, ch 1227, §18, 2010 Acts, ch 1061, §180, 2017 Acts, ch 2, §31, 48, 49Referred to in 260C.39, 262.9, 272.15, 273.22, 275.33, 279.13, 279.16, 279.19, 279.19B, 279.27, 284.8
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.16Private hearing — decision — record.1.  The participants at the private hearing shall be at least a majority of the members of the board and their legal representatives, if any, and the witnesses for the parties. The superintendent, the superintendent’s designated representatives, if any, the teacher’s immediate supervisor, the teacher, and the teacher’s representatives, if any, may participate in the hearing as well. The evidence at the private hearing shall be limited to the specific reasons stated in the superintendent’s notice of recommendation of termination. A participant in the hearing shall not be liable for any damages to any person if any statement at the hearing is determined to be erroneous as long as the statement was made in good faith. The superintendent shall present evidence and argument on all issues involved and the teacher may cross-examine, respond, and present evidence and argument in the teacher’s behalf relevant to all issues involved. Evidence may be by stipulation of the parties and informal settlement may be made by stipulation, consent, or default or by any other method agreed upon by the parties in writing. The board shall keep a record of the private hearing. The proceedings or any part thereof shall be transcribed at the request of either party with the expense of transcription charged to the requesting party.2.  The presiding officer of the board may administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising criminal or civil jurisdiction. 3.  The board shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, but it shall hold the hearing in such manner as is best suited to ascertain and conserve the substantial rights of the parties. Process and procedure under sections 279.13 through 279.19 shall be as summary as reasonably may be.4.  If the teacher fails to timely request a private hearing or does not appear at the private hearing, the board may proceed and make a determination upon the superintendent’s recommendation. The board shall convene in open session and by roll call vote determine the termination or continuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract.5.  Within five days after the private hearing, the board shall, in executive session, meet to make a final decision upon the recommendation and the evidence as herein provided. 6.a.  The record for a private hearing shall include:(1)  All pleadings, motions, and intermediate rulings.(2)  All evidence received or considered and all other submissions.(3)  A statement of all matters officially noticed.(4)  All questions and offers of proof, objections, and rulings thereon.(5)  All findings and exceptions.(6)  Any decision, opinion, or conclusion by the board.b.  The decision of the board shall be based solely on the evidence in the record and on matters officially noticed in the record.7.  The decision of the board shall be in writing. 8.  When the board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the teacher’s contract and, if the board votes to continue the teacher’s contract, whether to suspend the teacher with or without pay for a period specified by the board or issue the teacher a one-year, nonrenewable contract. The record of the private hearing and written decision of the board shall be exempt from the provisions of chapter 22. The secretary of the board shall immediately mail notice of the board’s action to the teacher.[C77, 79, 81, §279.16]92 Acts, ch 1008, §1, 92 Acts, ch 1227, §19, 2001 Acts, ch 62, §1, 2017 Acts, ch 2, §32, 33, 48, 49, 2018 Acts, ch 1026, §96Referred to in 260C.39, 262.9, 272.15, 273.22, 275.33, 279.13, 279.14, 279.19, 279.19B, 279.27
For provisions relating to applicability of 2017 amendments to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
Subsection 3 amended
279.17Appeal by teacher to adjudicator.Repealed by 2017 Acts, ch 2, §47 – 49.
For provisions relating to applicability of 2017 repeal to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.18Appeal by teacher to court.1.  If a teacher rejects the board’s decision, the teacher shall, within thirty days of the initial filing of such decision, appeal to the district court of the county in which the administrative office of the school district is located. The notice of appeal shall be immediately mailed by certified mail to the board. The secretary of the board shall transmit to the reviewing court the original or a certified copy of the entire record which may be the subject of the petition. By stipulation of all parties to the review proceedings, the record of such a case may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections or additions to the shortened record.2.  In proceedings for judicial review of the board’s decision, the court shall not hear any further evidence but shall hear the case upon the certified record. In such judicial review, especially when considering the credibility of witnesses, the court shall give weight to the decision of the board, but shall not be bound by it. The court may affirm the board’s decision or remand to the board for further proceedings upon conditions determined by the court. The court shall reverse, modify, or grant any other appropriate equitable or legal relief from the board decision, including declaratory relief, if substantial rights of the petitioner have been prejudiced because the action is any of the following:a.  In violation of constitutional or statutory provisions.b.  In excess of the statutory authority of the board.c.  In violation of a board rule or policy or contract.d.  Made upon unlawful procedure.e.  Affected by other error of law.f.  Unsupported by a preponderance of the competent evidence in the record made before the board when that record is viewed as a whole.g.  Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.3.  An aggrieved or adversely affected party to the judicial review proceeding may obtain a review of any final judgment of the district court by appeal to the supreme court. The appeal shall be taken as in other civil cases, although the appeal may be taken regardless of the amount involved.4.  For purposes of this section, unless the context otherwise requires, “teacher” shall include but not be limited to an instructor employed by a community college.[C77, 79, 81, §279.18]2002 Acts, ch 1047, §15, 2017 Acts, ch 2, §34, 48, 49Referred to in 260C.39, 262.9, 272.15, 273.22, 275.33, 279.13, 279.16, 279.19B, 279.27
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.19Probationary period.1.  The first three consecutive years of employment of a teacher in the same school district are a probationary period. However, if the teacher has successfully completed a probationary period of employment for another school district located in Iowa, the probationary period in the current district of employment shall not exceed two years. A board of directors may waive the probationary period for any teacher who previously has served a probationary period in another school district and the board may extend the probationary period for an additional year with the consent of the teacher.2.  In the case of the termination of a probationary teacher’s contract, the contract may be terminated by the board of directors effective at the end of a school year without cause. The superintendent or the superintendent’s designee shall notify the teacher not later than April 30 that the board has voted to terminate the contract effective at the end of the school year. The notice shall be in writing by letter, personally delivered, or mailed by certified mail. The notification shall be complete when received by the teacher. Within ten days after receiving the notice, the teacher may request a private conference with the school board to discuss the reasons for termination. The provisions of sections 279.15 and 279.16 shall not apply to such a termination. 3.  The board’s decision shall be final and binding unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the teacher.[C77, 79, 81, §279.19]98 Acts, ch 1215, §43, 98 Acts, ch 1216, §26, 41, 2001 Acts, ch 161, §18, 2002 Acts, ch 1152, §5, 2017 Acts, ch 2, §35, 48, 49, 2017 Acts, ch 54, §41Referred to in 262.9, 272.15, 273.22, 275.33, 275.56, 279.13, 279.16, 279.19B, 279.27, 280.15
For provisions relating to applicability of 2017 amendment by 2017 Acts, ch 2, §35, to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.19AExtracurricular contracts.1.  School districts employing individuals to coach interscholastic athletic sports shall issue a separate extracurricular contract for each of these sports. An extracurricular contract offered under this section shall be separate from the contract issued under section 279.13. An extracurricular contract shall be in writing, and shall state the number of contract days for that sport, the annual compensation to be paid, and any other matters as may be mutually agreed upon. The contract shall be for a single school year.2.a.  If the school district offers an extracurricular contract for a sport for the subsequent school year to an employee who is currently performing under an extracurricular contract for that sport, and the employee does not wish to accept the extracurricular contract for the subsequent year, the employee may resign from the extracurricular contract within twenty-one days after it has been received.b.  If the provisions of an extracurricular contract executed under this section conflict with a collective bargaining agreement negotiated under chapter 20 and effective when the extracurricular contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail.3.  The board of directors of a school district may require an employee who has resigned from an extracurricular contract to accept, as a condition of employment under section 279.13, the extracurricular contract for no longer than one additional school year if all the following conditions apply:a.  The employee has accepted a teaching contract issued by the board pursuant to section 279.13 for the subsequent school year.b.  The board of directors has made a good faith effort to fill the coaching position with a licensed or authorized replacement.c.  The position has not been filled by June 1 of the year in which the employee resigned the extracurricular contract.4.  As a condition of employment under section 279.13, the board of directors of a school district may require an employee who has been issued a teaching contract pursuant to section 279.13 to accept an extracurricular contract for which the employee is licensed, or may require as a condition of employment that an applicant for a teaching contract under section 279.13 accept an extracurricular contract if all of the following conditions apply:a.  The individual who held the coaching position during the year has not been issued a teaching contract by the board pursuant to section 279.13 for the subsequent school year, or has been terminated from the extracurricular contract.b.  The board of directors has made a good faith effort to fill the coaching position with a licensed or authorized replacement.c.  The position has not been filled by June 1 of the year in which the vacancy occurred for the interscholastic athletic sport.5.a.  Within seven days following June 1 of that year, the board shall notify the employee in writing if the board intends to require the employee to accept an extracurricular contract for the subsequent school year under subsection 3 or 4. If the employee believes that the board did not make a good faith effort to fill the position the employee may appeal the decision by notifying the board in writing within ten days after receiving the notification.b.  The appeal shall state why the employee believes that the board did not make a good faith effort to fill the position. If the parties are unable to informally resolve the dispute, the parties shall attempt to agree upon an alternative means of resolving the dispute.c.  If the dispute is not resolved by mutual agreement, either party may appeal to the district court.6.  Subsections 3, 4, and 5 do not apply if the terms of a collective bargaining agreement provide otherwise.7.  An extracurricular contract may be terminated prior to the expiration of that contract for any lawful reason following an informal, private hearing before the board of directors. The decision of the board to terminate an extracurricular contract shall be final.8.a.  A termination proceeding regarding an extracurricular contract shall not affect a contract issued pursuant to section 279.13.b.  A termination of a contract entered into pursuant to section 279.13, or a resignation from that contract by the teacher, constitutes an automatic termination or resignation of the extracurricular contract in effect between the same teacher and the employing school board.9.  For the purposes of this section, “good faith effort” includes advertising for the position in an appropriate publication, interviewing applicants, and giving serious consideration to those licensed or authorized, and otherwise qualified, applicants who apply.10.  The licensure requirements of subsections 3, 4, and 9 shall not apply to community colleges.84 Acts, ch 1296, §1, 85 Acts, ch 74, §1 – 3, 89 Acts, ch 265, §40, 90 Acts, ch 1182, §3, 7, 2002 Acts, ch 1047, §16, 20, 2010 Acts, ch 1069, §78, 2017 Acts, ch 2, §36, 48, 49Referred to in 256.42, 272.15, 273.22, 275.33, 279.13, 279.19B
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.19BCoaching endorsement and authorization.1.a.  The board of directors of a school district may employ for head coach of any interscholastic athletic activities or for assistant coach of any interscholastic athletic activity, an individual who possesses a coaching authorization issued by the board of educational examiners or possesses a teaching license with a coaching endorsement issued pursuant to chapter 272. However, a board of directors of a school district shall consider applicants with qualifications described below, in the following order of priority:(1)  A qualified individual who possesses a valid teaching license with a proper coaching endorsement.(2)  A qualified individual who meets the requirements of section 272.31, subsection 1, paragraph “a”, and possesses a coaching authorization issued by the board of educational examiners.(3)  A qualified individual who meets the requirements of section 272.31, subsection 1, paragraph “b”, and possesses a transitional coaching authorization issued by the board of educational examiners.b.  Qualifications are to be determined by the board of directors or their designee on a case-by-case basis.2.  For the first two weeks in which a qualified individual who possesses a transitional coaching authorization is employed as a transitional coach and for the first extracurricular interscholastic athletic contest or competition sponsored by an organization as defined in section 280.13, the individual shall be supervised by a certified athletic director, administrator, or other practitioner in a supervisory role. If the individual performs to the supervising practitioner’s satisfaction, the supervising practitioner shall sign and date an evaluation form provided by the organization to certify that the individual meets expectations to work with student athletes as a transitional coach. The organization shall develop and offer on its internet site an evaluation form that meets the requirements of this subsection.3.  An individual who has been issued a coaching authorization or who possesses a teaching license with a coaching endorsement but is not issued a teaching contract under section 279.13 and who is employed by the board of directors of a school district serves at the pleasure of the board of directors and is not subject to sections 279.13 through 279.19, and 279.27. Section 279.19A, subsection 1, applies to coaching authorizations.4.  The licensure and coaching authorization requirements of this section shall not apply to community colleges. An individual employed as a coach of a community college interscholastic athletic activity who is not issued a teaching contract under section 279.13 serves at the pleasure of the board of directors of the community college and is not subject to sections 279.13 through 279.19, and 279.27.84 Acts, ch 1296, §2, 85 Acts, ch 49, §1, 88 Acts, ch 1284, §46, 89 Acts, ch 265, §35, 42, 93 Acts, ch 66, §1, 2, 2003 Acts, ch 19, §2, 2016 Acts, ch 1066, §3 – 5, 2017 Acts, ch 29, §82Referred to in 272.15, 273.22, 275.33279.20Superintendent — term — employment of support personnel.1.  The board of directors of a school district may employ a superintendent of schools for a term of not to exceed three years. However, the board’s initial contract with a superintendent shall not exceed one year if the board is obligated to pay a former superintendent under an unexpired contract. The superintendent shall be the executive officer of the board and have such powers and duties as may be prescribed by rules adopted by the board or by law. Boards of directors may jointly exercise the powers conferred by this section.2.  The board of directors of a school district may delegate the authority to hire support personnel and sign the support personnel employment contracts, if applicable, if the board adopts a policy authorizing the superintendent to perform such duties and specifying the positions the superintendent is authorized to fill. For purposes of this subsection, the term “support personnel” includes, but is not limited to, bus drivers, custodians, educational associates, and clerical and food service employees.[R60, §2037; C73, §1726; C97, §2776; SS15, §2778; C24, 27, 31, 35, 39, §4230; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.14; C77, 79, 81, §279.20]1987 Acts, ch 224, §48; 2004 Acts, ch 1175, §94Referred to in 272.15, 273.3, 273.22, 273.23, 275.25, 275.33, 275.41, 279.23279.21Principals.1.  The board of directors of a school district may employ principals, under the provisions of section 279.23. A principal shall hold a current valid principal’s certificate. Notwithstanding the provisions of section 279.23, after serving at least nine months, a principal may be employed for a term of not to exceed two years.2.a.  The principal, under the supervision of the superintendent of the school district and pursuant to rules and policies of the board of directors of the school district, shall be responsible for administration and operation of the attendance center to which the principal is assigned.b.  The principal shall, pursuant to the policies adopted by the board of directors of the school district, be responsible for the planning, management, operation, and evaluation of the educational program offered at the attendance center to which the principal is assigned and shall submit recommendations to the superintendent regarding the appointment, assignment, promotion, transfer, and dismissal of all personnel assigned to the attendance center. The principal shall perform such other duties as may be assigned by the superintendent.c.  For purposes of this section and sections 279.23, 279.23A, 279.24, and 279.25, the term “principal” includes school principals, associate principals, and assistant principals.[C77, 79, 81, §279.21]93 Acts, ch 32, §1, 2017 Acts, ch 54, §42Referred to in 272.15, 273.22, 275.33279.22Residence of employees.The board shall not adopt rules under section 279.8 which require its employees to reside within the boundaries of the school district.[C81, §279.22]279.23Continuing contract for administrators.1.  Contracts with administrators shall be in writing and shall contain all of the following:a.  The term of employment which for all administrators except for superintendents may be a term of up to two years. Superintendents may be employed under section 279.20 for a term not to exceed three years.b.  The length of time during the school year services are to be performed.c.  The rate of compensation.d.  A statement that the contract is invalid if the administrator is under contract with another board of directors in this state covering the same period of time, until such contract shall have been released or terminated by its provisions.e.  Such other matters as may be agreed upon.2.  The contract shall be signed by the president and the administrator and shall be filed with the secretary of the board before the administrator enters upon performance of the contract. A contract shall not be tendered by an employing board to an administrator under its jurisdiction prior to March 15. A contract shall not be required to be signed by the administrator and returned to the board in less than twenty-one days after being tendered.3.  Except as otherwise specifically provided, an administrator’s contract shall be governed by the provisions of this section and sections 279.23A, 279.24, and 279.25, and not by section 279.13.4.  For purposes of this section and sections 279.23A, 279.24, and 279.25, the term “administrator” includes school superintendents, assistant superintendents, educational directors employed by school districts for grades kindergarten through twelve, educational directors employed by area education agencies under chapter 273, principals, assistant principals, other certified school supervisors employed by school districts for grades kindergarten through twelve as defined under section 20.4, and other certified school supervisors employed by area education agencies under chapter 273. For purposes of this section and sections 279.23A, 279.24, and 279.25, with regard to community college employees, “administrator” includes the administrator of an instructional division or an area of instructional responsibility, and the administrator of an instructional unit, department, or section.5.  Notwithstanding the other provisions of this section, a temporary contract may be issued to an administrator for up to nine months. Notwithstanding the other provisions of this section, a temporary contract may also be issued to an administrator to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the administrator position. Temporary contracts shall not be subject to the provisions of sections 279.24 and 279.25.[C77, 79, 81, §279.23]87 Acts, ch 94, §1, 93 Acts, ch 32, §2, 2003 Acts, ch 19, §3, 2003 Acts, ch 180, §32, 2017 Acts, ch 2, §37, 38, 48, 49Referred to in 272.15, 273.3, 273.22, 273.23, 275.25, 275.33, 275.41, 279.21, 284A.2
For provisions relating to applicability of 2017 amendments to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.23AEvaluation criteria and procedures.The board shall establish written evaluation criteria and shall establish and annually implement evaluation procedures. The board shall also establish written job descriptions for all supervisory positions.1987 Acts, ch 94, §2Referred to in 279.21, 279.23, 284A.3, 284A.4, 284A.6279.24Contract with administrators — automatic continuation or termination.1.  An administrator’s contract shall remain in force and effect for the period stated in the contract. The contract shall be automatically continued in force and effect for additional one-year periods beyond the end of its original term, except and until the contract is modified or terminated by mutual agreement of the board of directors and the administrator, or until terminated as provided by this section.2.  If the board of directors is considering termination of an administrator’s contract, prior to any formal action, the board may arrange to meet in closed session, in accordance with the provisions of section 21.5, with the administrator and the administrator’s representative. The board shall review the administrator’s evaluation, review the reasons for nonrenewal, and give the administrator an opportunity to respond. If, following the closed session, the board of directors and the administrator are unable to mutually agree to a modification or termination of the administrator’s contract, the board of directors may issue a one-year nonrenewable contract to the administrator. If the board of directors decides to terminate the administrator’s contract, the board shall follow the procedures in this section.3.  An administrator may file a written resignation with the secretary of the school board on or before May 1 of each year or the date specified by the school board for return of the contract, whichever date occurs first.4.  Administrators employed in a school district for less than three consecutive years are probationary administrators. However, a school board may extend the probationary period for an additional year with the consent of the administrator. If a school board determines that it should terminate a probationary administrator’s contract, the school board shall notify the administrator not later than May 15 that the contract will not be renewed beyond the current year. The notice shall be in writing by letter, personally delivered, or mailed by certified mail. The notification shall be complete when received by the administrator. Within ten days after receiving the notice, the administrator may request a private conference with the school board to discuss the reasons for termination. The school board’s decision to terminate a probationary administrator’s contract shall be final unless the termination was based upon an alleged violation of a constitutionally guaranteed right of the administrator.5.  The school board may, by majority vote of the membership of the school board, cause the contract of an administrator to be terminated. If the school board determines that it should consider the termination of a nonprobationary administrator’s contract, the following procedure shall apply:a.  On or before May 15, the administrator shall be notified in writing by a letter personally delivered or mailed by certified mail that the school board has voted to consider termination of the contract. The notification shall be complete when received by the administrator.b.  The notice shall state the specific reasons to be used by the school board for considering termination which for all administrators except superintendents shall be for just cause.c.  Within five days after receipt of the written notice that the school board has voted to consider termination of the contract, the administrator may request a private hearing in writing to the secretary of the school board. The board shall then forward the notification to the board of educational examiners along with a request that the board of educational examiners submit a list of five qualified administrative law judges to the parties. Within three days from receipt of the list the parties shall select an administrative law judge by alternately removing a name from the list until only one name remains. The person whose name remains shall be the administrative law judge. The parties shall determine by lot which party shall remove the first name from the list. The private hearing shall be held no sooner than twenty days and not later than forty days following the administrator’s request unless the parties otherwise agree. If the administrator does not request a private hearing, the school board, not later than May 31, may determine the continuance or discontinuance of the contract and, if the board determines to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board. School board action shall be by majority roll call vote entered on the minutes of the meeting. Notice of school board action shall be personally delivered or mailed to the administrator.d.  The administrative law judge selected shall notify the secretary of the school board and the administrator in writing concerning the date, time, and location of the private hearing. The school board may be represented by a legal representative, if any, and the administrator shall appear and may be represented by counsel or by representative, if any. Any witnesses for the parties at the private hearing shall be sequestered. A transcript or recording shall be made of the proceedings at the private hearing. A school board member or administrator is not liable for any damage to an administrator or school board member if a statement made at the private hearing is determined to be erroneous as long as the statement was made in good faith.e.  The administrative law judge shall, within ten days following the date of the private hearing, make a proposed decision as to whether or not the administrator should be dismissed, and shall give a copy of the proposed decision to the administrator and the school board. Findings of fact shall be prepared by the administrative law judge. The proposed decision of the administrative law judge shall become the final decision of the school board unless within thirty days after the filing of the decision the administrator files a written notice of appeal with the school board, or the school board on its own motion determines to review the decision.f.  If the administrator appeals to the school board, or if the school board determines on its own motion to review the proposed decision of the administrative law judge, a private hearing shall be held before the school board within ten days after the petition for review, or motion for review, has been made or at such other time as the parties agree. The private hearing is not subject to chapter 21. The school board may hear the case de novo upon the record as submitted before the administrative law judge. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the school board, an opportunity shall be afforded to each party to file exceptions, present briefs, and present oral arguments to the school board which is to render the final decision. The secretary of the school board shall give the administrator written notice of the time, place, and date of the private hearing. The school board shall meet within five days after the private hearing to determine the question of continuance or discontinuance of the contract and, if the board determines to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board or issue the administrator a one-year, nonrenewable contract. The school board shall make findings of fact which shall be based solely on the evidence in the record and on matters officially noticed in the record.g.  The decision of the school board shall be in writing. h.  When the school board has reached a decision, opinion, or conclusion, it shall convene in open meeting and by roll call vote determine the continuance or discontinuance of the administrator’s contract and, if the board votes to continue the administrator’s contract, whether to suspend the administrator with or without pay for a period specified by the board or issue the administrator a one-year, nonrenewable contract. The record of the private hearing and written decision of the board shall be exempt from the provisions of chapter 22. The secretary of the school board shall immediately personally deliver or mail notice of the school board’s action to the administrator.i.  The administrator may within thirty days after notification by the school board of discontinuance of the contract appeal to the district court of the county in which the administrative office of the school district is located.6.  The court may affirm the school board’s action. The court shall reverse, modify, or grant any other appropriate relief from the school board’s action, equitable or legal, and including declaratory relief, if substantial rights of the administrator have been prejudiced because the school board’s action is any of the following:a.  In violation of constitutional or statutory provisions.b.  In excess of the statutory authority of the school board.c.  In violation of school board policy or rule.d.  Made upon unlawful procedure.e.  Affected by other error of law.f.  Unsupported by a preponderance of the evidence in the record made before the school board when that record is reviewed as a whole.g.  Unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion.[C77, 79, 81, §279.24]87 Acts, ch 39, §1, 88 Acts, ch 1109, §21, 90 Acts, ch 1249, §13, 92 Acts, ch 1009, §1, 92 Acts, ch 1227, §20, 93 Acts, ch 32, §3, 4, 2001 Acts, ch 62, §2, 2017 Acts, ch 2, §39, 40, 48, 49Referred to in 260C.39, 272.14, 272.15, 273.3, 273.22, 273.23, 275.25, 275.33, 275.41, 279.21, 279.23, 279.25
For provisions relating to applicability of 2017 amendments to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.25Discharge of administrator.An administrator may be discharged at any time during the contract year for just cause. The administrator shall be notified in writing that the board has voted to consider termination of the administrator’s contract and the applicable procedures of section 279.24 shall apply.[C77, 79, 81, §279.25]Referred to in 273.3, 279.21, 279.23279.26Lease arrangements.The board of directors of a local school district for which a voter-approved physical plant and equipment levy has been voted pursuant to section 298.2, may enter into a rental or lease arrangement, consistent with the purposes for which the voter-approved physical plant and equipment levy has been voted, for a period not exceeding ten years and not exceeding the period for which the voter-approved physical plant and equipment levy has been authorized by the voters.[C75, §279.23; C77, 79, 81, §279.26]1989 Acts, ch 135, §73Referred to in 298.2279.27Discharge of teacher.1.  A teacher may be discharged at any time during the contract year for just cause. The superintendent or the superintendent’s designee, shall notify the teacher immediately that the superintendent will recommend in writing to the board at a regular or special meeting of the board held not more than fifteen days after notification has been given to the teacher that the teacher’s continuing contract be terminated effective immediately following a decision of the board. The procedure for dismissal shall be as provided in section 279.15, subsection 2, and sections 279.16 through 279.19. The superintendent may suspend a teacher under this section pending hearing and determination by the board.2.  For purposes of this section, “just cause” includes but is not limited to a violation of the code of professional conduct and ethics of the board of educational examiners if the board has taken disciplinary action against a teacher, during the six months following issuance by the board of a final written decision and finding of fact after a disciplinary proceeding.[C73, §1734; C97, §2782; C24, 27, 31, 35, 39, §4237; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.24; C77, 79, 81, §279.27]2005 Acts, ch 3, §59, 2017 Acts, ch 2, §41, 48, 49Referred to in 262.9, 279.13, 279.14, 279.19B, 284.8
For provisions relating to applicability of 2017 amendment to employment contracts of school employees under this chapter and collective bargaining agreements and procedures under chapter 20 before, on, or after February 17, 2017, see 2017 Acts, ch 2, §48, 49
279.28Insurance — supplies — textbooks.The board of directors may provide and pay out of the general fund to insure school property a sum as necessary, and may purchase dictionaries, library books, including books for the purpose of teaching vocal music, maps, charts, and apparatus for the use of the schools as deemed necessary by the board of directors for each school building under its charge; and may furnish schoolbooks to indigent children when they are likely to be deprived of the proper benefits of the school unless so aided.[C73, §1729; C97, §2783; S13, §2783; C24, 27, 31, 35, 39, §4238; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.25; C77, 79, 81, §279.28]1989 Acts, ch 83, §38279.29Claims — investments.1.  The board shall audit and allow all just claims against the corporation, and no order shall be drawn upon the treasury until the claim therefor has been audited and allowed. In any district in which the board consists of five or more members, an audit made by one or more members of the board designated by the board or by a certified public accountant employed by the board, and certified to the board by such member or members of the board or by such accountant, shall satisfy the requirements of this section with respect to the audit of a claim.2.  Pending audit and allowance of claims under this section, the board shall invest moneys of the corporation to the extent practicable, and the board may provide for the joint investment of moneys with one or more school corporations pursuant to a joint investment agreement. All investments of funds shall be subject to sections 12B.10 and 12B.10A and other applicable law.[C51, §1146, 1149; R60, §2037, 2038; C73, §1732, 1733, 1738, 1813; C97, §2780; S13, §2780; C24, 27, 31, 35, 39, §4239; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.26; C77, 79, 81, §279.29]1986 Acts, ch 1226, §4; 1992 Acts, ch 1156, §11Referred to in 256F.4, 261E.9279.30Payments exceptions.Each payment must be made payable to the person entitled to receive the money or deposited directly into an account at a financial institution, as defined in section 527.2, specified by the person entitled to receive the money. The board of directors of a school district or an area education agency may by resolution authorize the secretary, upon approval of the superintendent or designee, or administrator, in the case of an area education agency, to issue payments when the board of directors is not in session in payment of reasonable and necessary expenses, but only upon verified bills filed with the secretary or administrator, and for the payment of salaries pursuant to the terms of a written contract. Each payment must be made payable only to the person performing the service or presenting the verified bill, and must state the purpose for which the payment is issued. All bills and salaries for which payments are issued prior to audit and allowance by the board must be passed upon by the board of directors at the next meeting and be entered in the regular minutes of the secretary.[C35, §4239-g1; C39, §4239.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.27; C77, 79, 81, §279.30]92 Acts, ch 1187, §4, 2006 Acts, ch 1152, §34, 2013 Acts, ch 88, §16279.31Settlement with treasurer.The board shall from time to time examine the accounts of the treasurer and make settlements with the treasurer.[C51, §1146, 1149; R60, §2037, 2038; C73, §1732, 1733, 1738, 1813; C97, §2780; S13, §2780; C24, §4239; C27, 31, 35, §4239-a1; C39, §4239.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.28; C77, 79, 81, §279.31]279.32Compensation of officers.1.  The board shall fix the compensation to be paid the secretary. No member of the board shall receive compensation for official services. The board may pay a school treasurer a reasonable compensation.2.  Actual and necessary expenses, including travel, incurred by the board or individual members thereof in the performance of official duties may be paid or reimbursed.[C51, §1146, 1149; R60, §2037, 2038; C73, §1732, 1733, 1738, 1813; C97, §2780; S13, §2780; C24, §4239; C27, 31, 35, §4239-a3; C39, §4239.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.29; C77, 79, 81, §279.32]279.33Annual settlements.1.  At a regular or special meeting held on or after August 31 of each year, and prior to the organizational meeting held after the regular school election, the board of each school corporation shall meet, examine the books of and settle with the secretary and treasurer for the year ending on the preceding June 30, and transact other business as necessary. The treasurer at the time of settlement shall furnish the board with a statement from each depository showing the balance then on deposit in the depository. If the secretary or treasurer fails to make proper reports for the settlement, the board shall take action to obtain the balance information.2.  In the even-numbered year, the board shall, at the meeting described in subsection 1, elect a president for a term of one year.[SS15, §2757; C24, 27, 31, 35, 39, §4240; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.30; C77, 79, 81, §279.33]83 Acts, ch 185, §4, 62, 2001 Acts, ch 47, §2, 2006 Acts, ch 1152, §35, 2010 Acts, ch 1033, §41279.34Motor vehicles required to operate on ethanol blended gasoline.A motor vehicle purchased by or used under the direction of the board of directors to provide services to a school corporation shall not operate on gasoline other than ethanol blended gasoline as defined in section 214A.1. The motor vehicle shall also be affixed with a brightly visible sticker which notifies the traveling public that the motor vehicle is being operated on ethanol blended gasoline. However, the sticker is not required to be affixed to an unmarked vehicle used for purposes of providing law enforcement or security.1991 Acts, ch 254, §16; 1993 Acts, ch 26, §5; 2006 Acts, ch 1142, §65; 2007 Acts, ch 126, §50279.35Publication of proceedings.The proceedings of each regular, adjourned, or special meeting of the board, including the schedule of bills allowed, shall be published after the adjournment of the meeting in the manner provided in this section and section 279.36, and the publication of the schedule of the bills allowed shall include a list of claims allowed, including salary claims for services performed. The schedule of bills allowed may be published on a once monthly basis in lieu of publication with the proceedings of each meeting of the board. The list of claims allowed shall include the name of the person or firm making the claim, the purpose of the claim, and the amount of the claim. If the purpose for the claims is the same, two or more claims made by the same vendor, supplier, or claimant may be consolidated if the number of claims consolidated and the total consolidated claim amount are listed in the statement. However, the board shall provide at its office upon request an unconsolidated list of all claims allowed. Salaries paid to individuals regularly employed by the district shall only be published annually and the publication shall include the total amount of the annual salary of each employee. The secretary shall furnish a copy of the proceedings to be published within two weeks following the adjournment of the meeting.[C27, 31, 35, §4242-b1; C39, §4242.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.33; C77, 79, 81, §279.35]1983 Acts, ch 185, §6,62; 1987 Acts, ch 224, §49; 2006 Acts, ch 1018, §2Referred to in 260C.14, 279.36279.36Publication procedures and fee.1.  The requirements of section 279.35 are satisfied by publication in at least one newspaper published in the district or, if there is none, in at least one newspaper having general circulation within the district.2.  For the fiscal year beginning July 1, 1989, and each fiscal year thereafter, the fee for the publications shall be the legal publication fee provided by statute.[C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.34; C77, 79, 81, §279.36]87 Acts, ch 224, §50, 2018 Acts, ch 1026, §97Referred to in 260C.14, 279.6, 279.35
Publication of legal notices; §618.11
Section amended
279.37Employment of counsel.A school corporation may employ an attorney to represent the school corporation as necessary for the proper conduct of the legal affairs of the school corporation.[R60, §2040; C73, §1740; C97, §2759; C24, 27, 31, 35, 39, §4245; C46, 50, 54, 58, 62, 66, 71, 73, 75, §279.35; C77, 79, 81, §279.37]279.38Membership in association of school boards audit.1.  Boards of directors of school corporations may pay, out of funds available to them, reasonable annual dues to the Iowa association of school boards. Each board that pays membership dues to the Iowa association of school boards shall annually report to the local community and to the department of education the amount the board pays in annual dues to the Iowa association of school boards, the amount of any fees paid and revenue or dividend payments received for services the board receives from the association or from any of the association’s affiliated for-profit entities, and the products or services the school district received inclusive with membership in the association.2.  The financial condition and transactions of the Iowa association of school boards shall be audited as provided in section 11.6. In addition, annually the Iowa association of school boards shall publish a listing of the school districts and the annual dues paid by each, the total revenue the association receives from each school district resulting from the payment of membership fees and the sale of products and services to the school district by the association or its affiliated for-profit entities, and shall publish an accounting of all moneys expended for expenses incurred by and salaries paid to legislative representatives and lobbyists of the association. In addition, the association shall submit to the general assembly copies of all reports the association provides to the United States department of education relating to federal grants and grant amounts that the association or its affiliated for-profit entities administer or distribute to school districts. The Iowa association of school boards is subject to chapters 21 and 22 relating to open meetings and public records.3.  Membership in such an Iowa association of school boards shall be limited to those duly elected members of the boards of directors of local school corporations.[C71, 73, 75, §279.37; C77, 79, 81, §279.38]83 Acts, ch 185, §7, 62, 89 Acts, ch 264, §7, 2010 Acts, ch 1183, §30, 2011 Acts, ch 75, §38279.38AMembership in other organizations reporting requirements.1.  Duly elected members of boards of directors and designated administrators of school corporations may join, including the payment of dues, and participate in local, regional, and national organizations which directly relate to the functions of the board of directors.2.  Each board that pays membership dues to an organization in accordance with this section shall annually report to the local community and to the department of education the amount the board pays in annual dues to the organization, the amount of any fees paid and revenue or dividend payments received for services the board receives from the organization, and the products or services the school district received inclusive with membership in the organization. If the organization administers federal education grants on behalf of school districts or distributes federal education grant funds to school districts, the organization shall submit to the general assembly copies of all reports the organization provides to the United States department of education, on the date on which each such report is provided to the United States department of education, relating to federal grants and grant amounts that the organization administers for or distributes to school districts. The governing board of the organization is subject to chapters 21 and 22 relating to open meetings and public records.93 Acts, ch 117, §3, 2010 Acts, ch 1183, §31279.39School buildings.The board of any school corporation shall establish attendance centers and provide suitable buildings for each school in the district and may at the regular or a special meeting resolve to submit to the registered voters of the district at an election held on a date specified in section 39.2, subsection 4, paragraph “c”, the question of voting a tax or authorizing the board to issue bonds, or both.1993 Acts, ch 160, §15; 1995 Acts, ch 67, §53; 2008 Acts, ch 1115, §47,71
Extended time contracts for facilities, see §278.1
279.40Sick leave.1.a.  Public school employees are granted leave of absence for medically related disability with full pay in the following minimum amounts:(1)  The first year of employment10 days.(2)  The second year of employment11 days.(3)  The third year of employment12 days.(4)  The fourth year of employment13 days.(5)  The fifth year of employment14 days.(6)  The sixth and subsequent yearsof employment15 days.b.  The above amounts shall apply only to consecutive years of employment in the same school district and unused portions shall be cumulative to at least a total of ninety days. The school board shall, in each instance, require such reasonable evidence as it may desire confirming the necessity for such leave of absence.2.  Nothing in this section shall be construed as limiting the right of a school board to grant more time than the days herein specified.3.  Cumulation of sick leave under this section shall not be affected or terminated due to the organization or dissolution of a community school district or districts which include all or the portion of the district which employed the particular public school employee for the school year previous to the organization or dissolution, if the employee is employed by one of the community school districts for the first school year following its organization or dissolution.4.  Any amounts due an employee under this section shall be reduced by benefits payable under sections 85.33 and 85.34, subsection 1.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §279.40]2010 Acts, ch 1061, §99279.41Schoolhouses and sites sold — funds.Moneys received from the condemnation, sale, or other disposition for public purposes of schoolhouses, school sites, or both schoolhouses and school sites, shall be deposited in the physical plant and equipment levy fund and may without a vote of the electorate be used for purposes authorized under section 298.3, as ordered by the board of directors of the school district.[C62, 66, 71, 73, 75, 77, 79, 81, §279.41]1994 Acts, ch 1029, §18; 2006 Acts, ch 1152, §36279.42Gifts to schools.The board of directors of a school district that receives funds through a gift, devise, or bequest shall deposit the funds in a trust fund, permanent fund, or agency fund and shall use the funds in accordance with the terms of the gift, devise, or bequest.[C66, 71, 73, 75, 77, 79, 81, §279.42]94 Acts, ch 1029, §19, 2013 Acts, ch 88, §17
See also §565.6
279.43Reporting inappropriate teaching assignments.An employee licensed by the board of educational examiners and holding a contract as described in section 279.13 shall disclose any occurrence of a teaching assignment for which that employee is not properly licensed to the school official responsible for determining teaching assignments. Failure of the employee to disclose this occurrence or failure of the school official responsible for determining teaching assignments to make appropriate adjustments to the employee’s teaching assignment once the employee discloses the occurrence shall constitute an incident of misconduct as provided in section 272.2, subsection 14, and is actionable by the board. If the school official fails to make appropriate adjustments to the teaching assignment once disclosure by the employee is made, the employee shall report this occurrence to the department or to the board for further action.2007 Acts, ch 214, §35279.44Energy audits.1.  Between July 1, 1986, and June 30, 1991, and on a staggered annual basis each five years thereafter, the board of directors of each school district shall file with the economic development authority, on forms prescribed by the authority, the results of an energy audit of the buildings owned and leased by the school district. The energy audit shall be conducted under rules adopted by the authority pursuant to chapter 17A. The authority may waive the requirement for the initial and subsequent energy audits for school districts that submit evidence that energy audits were conducted prior to January 1, 1987, and energy consumption for the district is at an adjusted statewide average or below.2.  This section takes effect only if funds have been made available to a school district or community college to pay the costs of the energy audit.86 Acts, ch 1167, §1, 90 Acts, ch 1253, §120, 2009 Acts, ch 108, §14, 41, 2011 Acts, ch 118, §50, 87, 89279.45Administrative expenditures.The administrative expenditures as a percent of a school district’s general fund for a base year shall not exceed five percent. Annually, the board of directors shall certify to the department of education the amounts of the school district’s administrative expenditures and its general fund. For the purposes of this section, “base year” means the same as defined in section 257.2, and “administrative expenditures” means expenditures for executive administration.86 Acts, ch 1226, §5, 88 Acts, ch 1158, §56, 89 Acts, ch 135, §74, 2013 Acts, ch 88, §18279.46Retirement incentives tax.The board of directors of a school district may adopt a program for payment of a monetary bonus, continuation of health or medical insurance coverage, or other incentives for encouraging its employees to retire before the normal retirement date as defined in chapter 97B. The program is available only to employees who notify the board of directors prior to April 1 of the fiscal year that they intend to retire not later than the start of the next following school calendar. The age at which employees shall be designated eligible for the program shall be at the discretion of the board. An employee retiring under this section may apply for a retirement allowance under chapter 97B or chapter 294. The board may include in the district management levy an amount to pay the total estimated accumulated cost to the school district of the health or medical insurance coverage, bonus, or other incentives for employees fifty-five years of age or older who retire under this section.87 Acts, ch 224, §51, 89 Acts, ch 135, §75, 92 Acts, ch 1220, §1, 98 Acts, ch 1216, §27, 43, 2002 Acts, ch 1152, §6, 2003 Acts, ch 180, §33, 2014 Acts, ch 1052, §1 – 3Referred to in 298.4
2014 amendment takes effect April 3, 2014, and applies retroactively to retirement incentive programs in existence on or after July 1, 2013; 2014 Acts, ch 1052, §2,3
279.47Telecommunications — participation by school districts in database development.The board of directors of each school district utilizing telecommunications as an instructional tool shall participate in procedures adopted by the state board of education under section 256.7, subsection 9.1987 Acts, ch 207, §2279.48Equipment purchase.1.  The board of directors of a school corporation may purchase equipment, and may negotiate and enter into a loan agreement and issue a note to pay for the equipment subject to the following terms and procedures:a.  The note must mature within five years, or the useful life of the equipment, whichever is less.b.  The note may bear interest at a rate to be determined by the board of directors in the manner provided in section 74A.3, subsection 1, paragraph “a”. Chapter 75 is not applicable.c.  The board of directors shall provide for the form of the agreement and note.d.  Principal and interest on the note must be payable from budgeted receipts in the debt service fund for each year of a period of up to five years.2.  The total of scheduled annual payments of principal or interest due and payable from current budgeted receipts or future budgeted receipts with respect to all loan agreements authorized under this section or section 285.10, subsection 7, paragraph “b”, must not exceed ten percent of the last authorized budget of the school corporation.3.  Before entering into a loan agreement for an equipment purchase, the school corporation must publish a notice, including a statement of the amount and purpose of the agreement, at least once in a newspaper of general circulation within the school corporation at least ten days before the meeting at which the loan agreement is to be approved.1994 Acts, ch 1175, §7; 2008 Acts, ch 1032, §198Referred to in 273.3, 279.53279.49Child care programs.1.  The board of directors of a school corporation may operate or contract for the operation of a program to provide child care to children not enrolled in school or to students enrolled in kindergarten through grade six before and after school, or to both. Programs operated or contracted by a board shall be licensed by the department of human services under chapter 237A as a child care center unless the program is exempt from licensure under chapter 237A. Notwithstanding requirements of the department of human services regarding space allocated to child care centers licensed under chapter 237A, a program operated or contracted by a board which is located on school grounds may define alternative spaces, in policy and procedures, appropriate to meet the needs of children in the program if the primary space is required for another use.2.a.  The person employed to be responsible for a program operated or contracted by a board shall collaborate with that board in the operation of that program.b.  An employee of a program operated or contracted by a board shall be subject to a background investigation at least once every five years after the employee’s initial date of hire.3.  The facilities housing a program operated under this section shall comply with standards adopted by the state fire marshal for school buildings under chapter 100. In addition, if a program involves children who are younger than school age, the facilities housing those children shall meet the fire safety standards which would apply to that age of child in a child care facility licensed by the department of human services.4.  The board may establish a fee for the cost of participation in a child care program authorized under this section. The fee shall be established pursuant to a sliding fee schedule based upon staffing costs and other expenses and a family’s ability to pay. If a fee is established, the parent or guardian of a child participating in a program shall be responsible for payment of any agreed upon fee. The board may require the parent or guardian to furnish transportation of the child.5.  The board may utilize or make application for program subsidies from any existing child care funding streams.6.  The components of programs established under this section for child care shall include, but are not limited to, parental involvement in program design and direction, activities designed to further children’s physical, mental, and emotional development, and a parental education component to educate parents about the physical, mental, and emotional development of children.85 Acts, ch 173, §26, 89 Acts, ch 206, §10, 89 Acts, ch 265, §40, 92 Acts, ch 1212, §27, 94 Acts, ch 1175, §8, 99 Acts, ch 192, §33, 2015 Acts, ch 88, §2, 3, 5Referred to in 256.9, 256A.3, 280.3A, 298A.12279.50Human growth and development instruction.1.  Each school board shall provide instruction in kindergarten which gives attention to experiences relating to life skills and human growth and development as required in section 256.11. School districts shall use research provided in section 256.9, subsection 46, paragraph “b”, to evaluate and upgrade their instructional materials and teaching strategies for human growth and development.2.  Each school board shall provide age-appropriate and research-based instruction in human growth and development including instruction regarding human sexuality, self-esteem, stress management, interpersonal relationships, domestic abuse, HPV and the availability of a vaccine to prevent HPV, and acquired immune deficiency syndrome as required in section 256.11, in grades one through twelve.3.  Each school board shall annually provide to a parent or guardian of any pupil enrolled in the school district, information about the human growth and development curriculum used in the pupil’s grade level and the procedure for inspecting the instructional materials prior to their use in the classroom.4.  Each school district shall, upon request by any agency or organization, provide information about the human growth and development curriculum used in each grade level and the procedure for inspecting and updating the instructional materials.5.  A pupil shall not be required to take instruction in human growth and development if the pupil’s parent or guardian files with the appropriate principal a written request that the pupil be excused from the instruction. Notification that the written request may be made shall be included in the information provided by the school district.6.  Each school board or community college which offers general adult education classes or courses shall periodically offer an instructional program in parenting skills and in human growth and development for parents, guardians, prospective biological and adoptive parents, and foster parents.7.  Each area education agency shall periodically offer a staff development program for teachers who provide instruction in human growth and development.8.  The department of education shall identify and disseminate information about early intervention programs for students who are at the greatest risk of suffering from the problem of dropping out of school, substance abuse, adolescent pregnancy, or suicide.9.  For purposes of this section and sections 256.9 and 256.11, unless the context otherwise requires:a.  “Age-appropriate” means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.b.  “HIV” means HIV as defined in section 141A.1.c.  “HPV” means human papilloma virus as defined by the centers for disease control and prevention of the United States department of health and human services.d.  “Research-based” means all of the following:(1)  Complete information that is verified or supported by the weight of research conducted in compliance with accepted scientific methods; recognized as medically accurate and objective by leading professional organizations and agencies with relevant expertise in the field, such as the American college of obstetricians and gynecologists, the American public health association, the American academy of pediatrics, and the national association of school nurses; and published in peer-reviewed journals where appropriate.(2)  Information that is free of racial, ethnic, sexual orientation, and gender biases.10.  To the extent not inconsistent with this section and section 256.11, an accredited nonpublic school may also choose curriculum in accordance with doctrinal teachings for the human sexuality component of the human growth and development requirements of this section and section 256.11.11.  Nothing in this section or section 256.11 shall be construed to prohibit a school or school district from developing and making available abstinence-based or abstinence-only materials pursuant to the requirements of section 256.9, subsection 46, and from offering an abstinence-based or abstinence-only curriculum in meeting the human sexuality component of the human growth and development requirements of this section and section 256.11.1988 Acts, ch 1018, §3,5,6; 1990 Acts, ch 1253, §121; 1991 Acts, ch 218, §19; 2007 Acts, ch 98, §4Referred to in 256.11279.51Programs for at-risk children.1.  There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2007, and each succeeding fiscal year, the sum of twelve million six hundred six thousand one hundred ninety-six dollars. The moneys shall be allocated as follows:a.  Two hundred seventy-five thousand eight hundred sixty-four dollars of the funds appropriated shall be allocated to the area education agencies to assist school districts in developing program plans and budgets under this section and to assist school districts in meeting other responsibilities in early childhood education.b.  For the fiscal year beginning July 1, 2007, and for each succeeding fiscal year, eight million five hundred thirty-six thousand seven hundred forty dollars of the funds appropriated shall be allocated to the child development coordinating council established in chapter 256A for the purposes set out in subsection 2 of this section and section 256A.3.c.  For the fiscal year beginning July 1, 2007, and for each fiscal year thereafter, three million five hundred ten thousand nine hundred ninety-two dollars of the funds appropriated shall be allocated as grants to school districts that have elementary schools that demonstrate the greatest need for programs for at-risk students with preference given to innovative programs for the early elementary school years. School districts receiving grants under this paragraph shall at a minimum provide activities and materials designed to encourage children’s self-esteem, provide role modeling and mentoring techniques in social competence and social skills, and discourage inappropriate drug use. The grant allocations made in this paragraph may be renewed for additional periods of time. Of the amount allocated under this paragraph for each fiscal year, seventy-five thousand dollars shall be allocated to school districts which have an actual student population of ten thousand or less and have an actual non-English speaking student population which represents greater than five percent of the total actual student population for grants to elementary schools in those districts.d.  Notwithstanding section 256A.3, subsection 6, of the amount appropriated in this subsection for the fiscal year beginning July 1, 2007, and for each succeeding fiscal year, up to two hundred eighty-two thousand six hundred dollars may be used for administrative costs.2.a.  Funds allocated under subsection 1, paragraph “b”, shall be used by the child development coordinating council for the following:(1)  To continue funding for programs previously funded by grants awarded under section 256A.3 and to provide additional grants under section 256A.3. The council shall seek to provide grants on the basis of the location within the state of children meeting at-risk definitions.(2)  At the discretion of the child development coordinating council, award grants for the following:(a)  To school districts to establish programs for three-year-old, four-year-old, and five-year-old at-risk children which are a combination of preschool and full-day kindergarten.(b)  To provide grants to provide educational support services to parents of at-risk children age birth through three years.b.  A grantee under this subsection may direct the use of moneys received to serve any qualifying child ranging in age from three years old to five years old, regardless of the age of population indicated on the grant request in its initial year of application. A grantee is encouraged to consider the degree to which the program complements existing programs and services for three-year-old, four-year-old, and five-year-old at-risk children available in the area, including other child care and preschool services, services provided through a school district, and services available through an area education agency.3.  The department shall seek assistance from foundations and public and private agencies in the evaluation of the programs funded under this section, and in the provision of support to school districts in developing and implementing the programs funded under this section.4.  The state board of education shall adopt rules under chapter 17A for the administration of this section.89 Acts, ch 135, §76, 90 Acts, ch 1272, §69, 70, 91 Acts, ch 267, §239, 240, 92 Acts, ch 1227, §21, 94 Acts, ch 1199, §47 – 49, 95 Acts, ch 209, §14, 96 Acts, ch 1186, §23, 96 Acts, ch 1219, §7 – 10, 97 Acts, ch 209, §17, 18, 98 Acts, ch 1133, §1, 98 Acts, ch 1215, §44, 98 Acts, ch 1223, §24, 25, 99 Acts, ch 192, §33, 99 Acts, ch 195, §11, 12, 2000 Acts, ch 1058, §32, 2000 Acts, ch 1198, §2 – 4, 6, 2007 Acts, ch 215, §62, 2010 Acts, ch 1061, §100, 2011 Acts, ch 132, §18, 106Referred to in 256A.3
Reduction in appropriations contained in this section for the fiscal period beginning July 1, 2017, and ending June 30, 2019; 2017 Acts, ch 172, §6, 51; 2018 Acts, ch 1163, §5
279.52Optional funding of asbestos projects.1.  The board of directors may pay the actual cost of an asbestos project from any funds in the general fund of the district, funds received from the physical plant and equipment levy, or moneys obtained through a federal asbestos loan program, to be repaid from any of the funds specified in this section over a three-year period.2.  For the purpose of this section, “cost of an asbestos project” includes the costs of inspection and reinspection, sampling, analysis, assessment, response actions, operations and maintenance, training, periodic surveillance, developing of management plans and recordkeeping requirements relating to the presence of asbestos in school buildings of the district and its removal or encapsulation.1989 Acts, ch 135, §77; 2000 Acts, ch 1072, §1; 2000 Acts, ch 1232, §64Referred to in 279.53279.53Loan proceeds.The proceeds of loans issued to school districts pursuant to section 279.48, 279.52, or 473.20 shall be deposited into either the general fund of a school district or the physical plant and equipment levy fund. The board of directors shall expend the amount of the principal and interest due each year to maturity from the same fund into which the loan proceeds were deposited.2008 Acts, ch 1041, §1279.54School district income surtax.Repealed by 2000 Acts, ch 1072, §3. 279.55Teacher exchange program.Repealed by 2016 Acts, ch 1036, §15.279.56Board participation.Repealed by 2016 Acts, ch 1036, §15.279.57Period of exchange.Repealed by 2016 Acts, ch 1036, §15.279.58School dress code policies.1.  The general assembly finds and declares that the students and the administrative and instructional staffs of Iowa’s public schools have the right to be safe and secure at school. Gang-related apparel worn at school draws attention away from the school’s learning environment and directs it toward thoughts or expressions of violence, bigotry, hate, and abuse.2.  The board of directors of a school district may adopt, for the district or for an individual school within the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel if the board determines that the policy is necessary for the health, safety, or positive educational environment of students and staff in the school environment or for the appropriate discipline and operation of the school. Adoption and enforcement of a dress code policy is not a violation of section 280.22.1995 Acts, ch 191, §20279.59Access by associations.The board of directors of a school district shall provide not-for-profit, professional education associations that offer membership to teachers or administrators equal access to teacher or administrator mailboxes for distribution of professional literature.2001 Acts, ch 159, §11279.60 Assessments access to data reports.1.  Each school district shall administer the teaching strategies gold early childhood assessment to every resident prekindergarten or four-year-old child whose parent or guardian enrolls the child in the district, and shall administer a valid and reliable universal screening instrument, as prescribed by the department of education, to every kindergarten student enrolled in the district not later than the date specified in section 257.6, subsection 1. The assessment shall be aligned with state early learning standards and preschool programs shall be encouraged to administer the assessment at least at the beginning and end of the preschool program, with the assessment information entered into the statewide longitudinal data system. The department shall work to develop agreements with head start programs to incorporate similar information about four-year-old children served by head start into the statewide longitudinal data system.2.   The school district shall also collect information from each parent, guardian, or legal custodian of a kindergarten student enrolled in the district, including but not limited to whether the student attended preschool, factors identified by the early childhood Iowa office pursuant to section 256I.5, and other demographic factors. Each school district shall report the results of the community strategies employed during the prior school year pursuant to section 279.68, subsection 3, paragraph “a”, the assessment administered pursuant to subsection 1, and the preschool information collected to the department of education in the manner prescribed by the department not later than January 1 of that school year. The early childhood Iowa office in the department of management shall have access to the raw data. The department shall review the information submitted pursuant to this section and shall submit its findings and recommendations annually in a report to the governor, the general assembly, the early childhood Iowa state board, and the early childhood Iowa area boards.3.  Each school district shall administer the Iowa assessments, created by the state university of Iowa, to all students enrolled in grade ten.2005 Acts, ch 148, §16, 2006 Acts, ch 1152, §37, 2010 Acts, ch 1031, §306, 2012 Acts, ch 1119, §33, 2013 Acts, ch 121, §105, 107279.61Individual career and academic plan report.1.  For the school year beginning July 1, 2016, and each succeeding school year, the board of directors of each school district shall cooperate with each student enrolled in grade eight to develop an individualized career and academic plan to guide the student.a.  The plan shall be developed to achieve, at a minimum, the following: (1)  Prepare the student for successful completion of the core curriculum developed by the state board of education pursuant to section 256.7, subsection 26, by the time the student graduates from high school. (2)  Identify the coursework needed in grades nine through twelve to support the student’s postsecondary education and career options. (3)  Prepare the student to successfully complete, prior to graduation and following a timeline included in the plan, the essential components of a career information and decision-making system that meets standards adopted by the state board of education in accordance with subsection 4.b.  The student’s parent or guardian shall sign the student’s career and academic plan, and the signed plan shall be included in the student’s cumulative records.2.  The board of directors of each school district shall report annually to each student enrolled in grades nine through twelve in the school district, and, if the student is under the age of eighteen, to each student’s parent or guardian, the student’s progress toward meeting the goal of successfully completing the core curriculum and high school graduation requirements adopted by the state board of education pursuant to section 256.7, subsection 26, and toward achieving the goals of the student’s career and academic plan.3.  The superintendent of each school district shall designate a team of education practitioners to carry out the duties assigned to the school district under this section. The team shall include but not be limited to a school counselor; teachers, including career and technical education teachers; and an individual responsible for coordinating work-based learning activities. The team shall regularly consult with representatives of employers, state and local workforce systems and centers, higher education institutions, and postsecondary career training programs.4.  The state board of education shall adopt rules setting forth standards for career information and decision-making systems. The rules adopted under this section shall establish an approval process for the approval of a vendor-provided career information and decision-making system which school districts may use in compliance with this section.5.  For the school year beginning July 1, 2016, and each succeeding school year, the board of directors of each school district shall submit to the local community, and to the department as a component of the school district’s comprehensive school improvement plan required by section 256.7, subsection 21, an annual report on student utilization of the district’s career information and decision-making system.6.  The director of the department of education shall monitor school districts for compliance with this section through the accreditation process established for school districts under section 256.11. If the department of education finds that a school district is not in substantial compliance with this section, the school district shall submit to the department for approval an action plan which sets forth the steps to be taken to ensure substantial compliance with this section. The department of education shall include in its annual condition of education report a review of school district and student performance required under this section.7.  The state board of education shall adopt rules to administer this section.2005 Acts, ch 149, §3, 2006 Acts, ch 1152, §13, 2007 Acts, ch 214, §36, 2008 Acts, ch 1127, §4, 2016 Acts, ch 1108, §7, 9Referred to in 256.11, 256.40, 258.14, 258.15, 261E.4, 261E.6, 261E.8, 261E.9, 261E.10, 261E.13279.62Nonprofit school organizations.The board of directors of a school district may take action to adopt a resolution to establish, and authorize expenditures for the operational support of, an entity or organization for the sole benefit of the school district and its students that is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code. The entity or organization shall reimburse the school district for expenditures made by the school district on behalf of the entity or organization. Prior to establishing such an entity or organization, the board of directors shall hold a public hearing on the proposal to establish such an entity or organization. Such an entity or organization shall maintain its records in accordance with chapter 22, except that the entity or organization shall provide for the anonymity of a donor at the written request of the donor. The board of directors of a school district shall annually report to the department of education and to the local community the administrative expenditures, revenues, and activities of the entity or organization established by the school district pursuant to this section. The department shall include in its annual condition of education report a statewide summary of the expenditures and revenues submitted in accordance with this section.2005 Acts, ch 179, §92,97Referred to in 11.6279.63Financial report.1.  The board of directors of each public school district shall develop, maintain, and distribute a financial report on an annual basis. The objective of the financial report shall be to facilitate public access to a variety of information and statistics relating to the education funding received by the school district, enrollment and employment figures, and additional information.2.  The financial report shall contain, at a minimum, information relating to the following:a.  All property tax levies, income surtaxes, and local option sales taxes in place in the school district, listed by type of levy, rate, amount, duration, and notification of the maximum rate and amount limitations permitted by statute.b.  The amount of funding received on a per pupil basis through the operation of the school finance formula, and from any other state appropriation or state funding source.c.  Federal funding received per student or teacher population targeted to receive the funds, and any other federal grants or funding received by the district.d.  Teacher and administrator minimum, maximum, and average salary paid by the district, and the percentage and dollar increase under teacher and administrator salary and benefits settlement agreements.e.  Teacher and administrator health insurance and other alternative health benefit information, including the monthly premium, the percentage of the premium paid by the district, and the percentage of the premium paid by a teacher or administrator for single and family insurance.f.  Teacher and administrator employment statistics, including the annual number of licensed full-time and part-time teachers and administrators employed by the school district during the preceding five years, and including the number of teachers and administrators no longer employed by the district, and new hires.g.  Student enrollment levels during the preceding five years, including regular enrollment, special education enrollment, and enrollment adjustments made pursuant to supplementary weighting.h.  Such additional information as the school district may determine.3.  Copies of a school district’s financial report for the previous school year shall be posted on an internet site maintained by the school district by January 1 of each school year. If the school district does not maintain or develop an internet site, the school district shall either distribute or post written copies of the financial report at specified locations throughout the school district.2006 Acts, ch 1152, §14; 2009 Acts, ch 54, §92013 Acts, ch 90, §257279.64Tax-sharing agreements.A school district may enter into an agreement under chapter 28E with a contiguous school district for the purpose of sharing all or a percentage of school district taxes collected from that portion of valuation described in section 403.19, subsection 2, that is released by the municipality to the school district.2006 Acts, ch 1156, §1Referred to in 403.19279.65Student advancement policy — findings — supplemental strategies and educational services grant program.Repealed by 2008 Acts, ch 1181, §40. 279.66Discipline and personal conduct standards.The board of directors of a school district shall review and modify existing policies related to student discipline and student conduct that are designed to promote responsible behavior on school property and at school functions in order that the policy shall govern the conduct of students, teachers and other school personnel, and visitors; provide opportunities for students to exercise self-discipline and practice cooperative classroom behavior; and encourage students and practitioners to model fairness, equity, and respect. The policy shall specify the responsibilities of students, parents and guardians, and practitioners in creating an atmosphere where all individuals feel a sense of respect, safety, and belonging, and shall set forth the consequences for unacceptable behavior. The policy shall be published in the student handbook.2007 Acts, ch 214, §38279.67Competitive living wage.It is the goal of this state that every employee of a public school corporation be provided with a competitive living wage.2008 Acts, ch 1191, §57279.68Student progression intensive reading instruction reporting requirements.1.Reading proficiency, assessments, and parental notification.a.  A school district shall assess all students enrolled in kindergarten through grade three at the beginning of each school year for their level of reading or reading readiness on locally determined or statewide assessments, as provided in section 256.7, subsection 31. If a student is not reading proficiently and is persistently at risk in reading, based upon the assessments administered in accordance with this paragraph, the school district shall provide intensive reading instruction to the student. The student’s reading proficiency shall be periodically reassessed by locally determined or statewide assessments including periodic universal screening and annual standard-based assessments. The student shall continue to be provided with intensive reading instruction, at grade levels beyond grade three if necessary, until the student is reading at grade level, as determined by the student’s consistently proficient performance on valid and reliable measures of reading ability. For purposes of this section, “persistently at risk” means the student has not met the grade-level benchmark on two consecutive screening assessments administered under this paragraph.b.  The parent or guardian of any student in kindergarten through grade three who is persistently at risk in reading shall be notified in writing and shall be provided all of the following:(1)  A description of the services currently provided to the student.(2)  A description of the proposed supplemental instructional services and supports that the school district will provide to the student that are designed to remediate the identified areas in which the student is persistently at risk in reading.(3)  Strategies for parents and guardians to use in helping the student read proficiently, including but not limited to the promotion of parent-guided home reading.(4)  Regular updates regarding the student’s progress toward reaching or exceeding the targeted level of reading proficiency.2.Successful progression for early readers.If funds are appropriated by the general assembly for purposes of implementing this subsection, a school district shall do all of the following:a.  Provide students who are persistently at risk in reading with intensive instructional services and supports, free of charge, to remediate the identified areas in which students are not proficient in reading, including a minimum of ninety minutes daily of scientific, research-based reading instruction and other strategies prescribed by the school district which may include but are not limited to the following:(1)  Small group instruction.(2)  Reduced teacher-student ratios.(3)  More frequent progress monitoring.(4)  Tutoring or mentoring.(5)  Extended school day, week, or year.(6)  Summer reading programs.b.  At regular intervals, apprise the parent or guardian of academic and other progress being made by the student and give the parent or guardian other useful information.c.  In addition to required reading enhancement and acceleration strategies, provide parents of students who are persistently at risk in reading with a plan outlined in a parental contract, including participation in regular parent-guided home reading.d.  Establish a reading enhancement and acceleration development initiative designed to offer intensive accelerated reading instruction to each kindergarten through grade three student who is persistently at risk in reading. The initiative shall comply with all of the following criteria:(1)  Be provided to all kindergarten through grade three students who are persistently at risk in reading. The assessment initiative shall measure phonemic awareness, phonics, fluency, vocabulary, and comprehension.(2)  Be provided during regular school hours in addition to the regular reading instruction.(3)  Provide a reading curriculum that meets guidelines adopted pursuant to section 256.7, subsection 31, and at a minimum has the following specifications:(a)  Assists students who are persistently at risk in reading to develop the skills to read at grade level. Assistance shall include but not be limited to strategies that formally address dyslexia, when appropriate. For purposes of this subparagraph division (a), “dyslexia” means a specific and significant impairment in the development of reading, including but not limited to phonemic awareness, phonics, fluency, vocabulary, and comprehension, that is not solely accounted for by intellectual disability, sensory disability or impairment, or lack of appropriate instruction.(b)  Provides skill development in phonemic awareness, phonics, fluency, vocabulary, and comprehension.(c)  Includes a scientifically based and reliable assessment.(d)  Provides initial and ongoing analysis of each student’s reading progress.(e)  Is implemented during regular school hours.(f)  Provides a curriculum in core academic subjects to assist the student in maintaining or meeting proficiency levels for the appropriate grade in all academic subjects.e.  Report to the department of education the specific intensive reading interventions and supports implemented by the school district pursuant to this section. The department shall annually prescribe the components of required or requested reports.3.Ensuring continuous improvement in reading proficiency.a.  To ensure all children are reading proficiently by the end of third grade, each school district shall address reading proficiency as part of its comprehensive school improvement plan, drawing upon information about students from assessments and reassessments conducted pursuant to subsection 1 and the prevalence of areas in which students are persistently at risk in reading identified by classroom, elementary school, and other student characteristics. As part of its comprehensive school improvement plan, each school district shall review chronic early elementary absenteeism for its impact on literacy development. If more than fifteen percent of an attendance center’s students are not reading proficiently and are persistently at risk in reading by the end of third grade, the comprehensive school improvement plan shall include strategies to reduce that percentage, including school and community strategies to raise the percentage of students who are reading at grade level.b.  Each school district, subject to an appropriation of funds by the general assembly, shall provide professional development services to enhance the skills of elementary teachers in responding to children’s unique reading issues and needs and to increase the use of evidence-based strategies.2012 Acts, ch 1119, §34, 2014 Acts, ch 1077, §2, 2016 Acts, ch 1123, §2, 2016 Acts, ch 1132, §12, 13, 2017 Acts, ch 172, §27 – 30Referred to in 256.7, 279.60, 280.29279.69School employees background investigations.1.  Prior to hiring an applicant for a school employee position, a school district shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the applicant. A school district shall follow the same procedure by June 30, 2014, for each school employee employed by the school district as of July 1, 2013. A school district shall implement a consistent policy to follow the same procedure for each school employee employed by the school district on or after July 1, 2013, at least every five years after the school employee’s initial date of hire. A school district shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. A school district shall maintain documentation demonstrating compliance with this subsection.2.  Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry.3.  For purposes of this section, “school employee” means an individual employed by a school district, including a part-time, substitute, or contract employee. “School employee” does not include an individual subject to a background investigation pursuant to section 272.2, subsection 17, section 279.13, subsection 1, paragraph “b”, or section 321.375, subsection 2.2013 Acts, ch 140, §137Referred to in 273.3279.70Training on suicide prevention, adverse childhood experiences identification, and toxic stress response mitigation strategies.1.  For purposes of this section, unless the context otherwise requires:a.  “Adverse childhood experience” means a potentially traumatic event occurring in childhood that can have negative, lasting effects on an individual’s health and well-being.b.  “Postvention” means the provision of crisis intervention, support, and assistance for those affected by a suicide or suicide attempt to prevent further risk of suicide.2.  By July 1, 2019, the board of directors of a school district shall require annual, evidence-based training at least one hour in length on suicide prevention and postvention for all school personnel who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners and who have regular contact with students in kindergarten through grade twelve. The content of the training shall be based on nationally recognized best practices.3.  By July 1, 2019, the board of directors of a school district shall require annual, evidence-based, evidence-supported training on the identification of adverse childhood experiences and strategies to mitigate toxic stress response for all school personnel who hold a license, certificate, authorization, or statement of recognition issued by the board of educational examiners and who have regular contact with students in kindergarten through grade twelve. The content of the training shall be based on nationally recognized best practices.2018 Acts, ch 1051, §2Referred to in 256.7
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279.71Student online personal information protection.1.  As used in this section, unless the context otherwise requires:a.  “Attendance center” means a school district building that contains classrooms used for instructional purposes for elementary, middle, or secondary school students.b.  “Covered information” means personally identifiable information or material, or information that is linked to personally identifiable information or material, in any media or format that is not publicly available and is any of the following:(1)  Created by or provided to an operator by a student, or the student’s parent or legal guardian, in the course of the student’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for kindergarten through grade twelve school purposes.(2)  Created by or provided to an operator by an employee or agent of a school district or attendance center for kindergarten through grade twelve school purposes.(3)  Gathered by an operator through the operation of its site, service, or application for kindergarten through grade twelve school purposes and personally identifies a student, including but not limited to information in the student’s educational record or electronic mail, first and last name, home address, telephone number, electronic mail address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.c.  “Interactive computer service” means that term as defined in 47 U.S.C. §230.d.  “Kindergarten through grade twelve school purposes” means purposes that are directed by or that customarily take place at the direction of a kindergarten through grade twelve attendance center, school district, or a practitioner employed by a school district, in the administration of school activities, including but not limited to instruction in the classroom or at home, administrative activities, and collaboration between students, school district or attendance center personnel, or parents, or are otherwise for the use and benefit of the school district or attendance center.e.  “Operator” means, to the extent that it is operating in this capacity, the operator of an internet site, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for kindergarten through grade twelve school purposes and was designed and marketed for such purposes.f.  “School district” means a public school district described in chapter 274.g.  “Targeted advertising” means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred over time from that student’s online behavior, usage of applications, or covered information. “Targeted advertising” does not include advertising to a student at an online location based upon that student’s current visit to that location, or in response to that student’s request for information or feedback, without the retention of that student’s online activities or requests over time for the purpose of targeting subsequent ads.2.a.  An operator shall not knowingly do any of the following:(1)  Engage in targeted advertising on the operator’s internet site, service, or application, or target advertising on any other internet site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s internet site, service, or application for kindergarten through grade twelve school purposes.(2)  Use information, including persistent unique identifiers, created or gathered by the operator’s internet site, service, or application, to amass a profile about a student except in furtherance of kindergarten through grade twelve school purposes. “Amass a profile” does not include the collection and retention of account information that remains under the control of the student, the student’s parent or guardian, or kindergarten through grade twelve school.(3)  Sell or rent a student’s information, including covered information. This subparagraph does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, if the operator or successor entity complies with this section regarding previously acquired student information, or to national assessment providers if the provider secures the express written consent of the parent or student, given in response to clear and conspicuous notice, solely to provide access to employment, educational scholarships or financial aid, or postsecondary educational opportunities.(4)  Except as otherwise provided in subsection 4, disclose covered information unless the disclosure is made for the following purposes:(a)  In furtherance of the kindergarten through grade twelve school purpose of the internet site, service, or application, if the recipient of the covered information disclosed under this subparagraph division does not further disclose the information unless done to allow or improve operability and functionality of the operator’s internet site, service, or application.(b)  To ensure legal and regulatory compliance or protect against liability.(c)  To respond to or participate in the judicial process.(d)  To protect the safety or integrity of users of the internet site or others or the security of the internet site, service, or application.(e)  For a kindergarten through grade twelve school, educational, or employment purpose requested by the student or the student’s parent or guardian, provided that the information is not used or further disclosed for any other purpose.(f)  To a third party, if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator and requires the third party to protect student information to the same extent that the operator is required to do pursuant to this section, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain security procedures and practices consistent with current industry standards and all applicable state and federal laws, rules, and regulations.b.  Nothing in paragraph “a” shall prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s internet site, service, or application.3.  An operator shall do all of the following:a.  Implement and maintain security procedures and practices consistent with current industry standards and all applicable state and federal laws, rules, and regulations appropriate to the nature of the covered information designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure.b.  Delete as soon as reasonably practicable, a student’s covered information if the school district or attendance center requests deletion of covered information under the control of the school district or attendance center, unless a student or parent or guardian consents to the maintenance of the covered information.4.  An operator may use or disclose covered information of a student under all of the following circumstances:a.  If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information.b.  If no covered information is used for advertising or to amass a profile on the student for purposes other than elementary, middle school, or high school purposes; for legitimate research purposes, as required by state or federal law and subject to the restrictions under applicable state and federal law; or as allowed by state or federal law and in furtherance of kindergarten through grade twelve school purposes or postsecondary educational purposes.c.  To a state or local educational agency, including kindergarten through grade twelve attendance centers and school districts, for kindergarten through grade twelve school purposes, as permitted by state or federal law.5.  This section does not prohibit an operator from doing any of the following:a.  Using covered information to improve educational products if that information is not associated with an identified student within the operator’s internet site, service, or application or other internet sites, services, or applications owned by the operator.b.  Using covered information that is not associated with an identified student to demonstrate the effectiveness of the operator’s products or services, including in the operator’s marketing.c.  Sharing covered information that is not associated with an identified student for the development and improvement of educational internet sites, services, or applications.d.  Using recommendation engines to recommend to a student either of the following:(1)  Additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party.(2)  Additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party.e.  Responding to a student’s request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.6.  This section does not do any of the following:a.  Limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order.b.  Limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes.c.  Apply to general audience internet sites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s internet site, service, or application may be used to access those general audience internet sites, services, or applications.d.  Limit service providers from providing internet connectivity to attendance centers or students and students’ families.e.  Prohibit an operator of an internet site, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.f.  Impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software.g.  Impose a duty on a provider of an interactive computer service to review or enforce compliance with this section by third-party content providers.h.  Prohibit students from downloading, exporting, transferring, saving, or maintaining the students’ own student data or documents.2018 Acts, ch 1042, §1
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