House File 370 - Reprinted
HOUSE FILE 370
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 118)
(As Amended and Passed by the House March 16, 2023)
A BILL FOR
1 An Act relating to entities supported in whole or in part by
2 public moneys, including the sale of public bonds, the
3 duties and responsibilities of the directors and officers
4 of school boards, school districts, the department of
5 education, the department of health and human services,
6 accredited nonpublic schools, charter schools, community
7 colleges, institutions under the control of the state
8 board of regents, area education agencies, and election
9 commissioners, and the membership and voting units of county
10 and city conference boards.
11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 BOND SALES
3 Section 1. Section 75.2, Code 2023, is amended to read as
4 follows:
5 75.2 Notice of sale.
6 When public bonds are offered for sale, the official in
7 charge of the bond issue shall, by advertisement published
8 at least once, the last one of which shall be not less than
9 four nor more than twenty days before the sale in a newspaper
10 located in the county or a county contiguous to the place of
11 sale, give notice of the time and place of sale of the bonds,
12 the amount to be offered for sale, and any further information
13 which the official deems pertinent by publishing the time and
14 place of sale of the bonds, the amount to be offered for sale,
15 and any additional information the official deems pertinent
16 to the bond issue not less than four nor more than twenty
17 days before the sale in at least one electronic or written
18 publication with nationwide circulation that is recognized for
19 providing information regarding the sale of public bonds or in
20 a newspaper located in the county or a county contiguous to the
21 place of sale.
22 Sec. 2. Section 75.14, Code 2023, is amended to read as
23 follows:
24 75.14 Electronic bidding.
25 Notwithstanding contrary provisions of this chapter,
26 including section 75.3, a public body authorized to issue
27 bonds, notes, or other obligations may elect to receive bids to
28 purchase such bonds, notes, or other obligations by means of
29 electronic, internet, or wireless communication; a proprietary
30 bidding procedure or system; or by facsimile transmission
31 to a location deemed appropriate by the governing body, in
32 each instance as may be approved by the governing body and
33 provided for in the notice of sale. An electronic bid shall
34 be submitted in substantial conformity with the requirements
35 of chapter 554D and any rules adopted pursuant to that chapter
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1 with respect to the acceptance of electronic records by a
2 governmental agency. Additionally, before approving the use
3 of an electronic bidding procedure, the public body shall find
4 and determine that the specific procedure to be used will
5 provide reasonable security and maintain the integrity of
6 the competitive bidding process, and facilitate the delivery
7 of bids by interested parties under the circumstances of the
8 particular sale.
9 DIVISION II
10 SCHOOL BOARD AND OFFICERS —— DUTIES AND RESPONSIBILITIES
11 Sec. 3. Section 256.11, subsection 9, Code 2023, is amended
12 to read as follows:
13 9. Beginning July 1, 2006, each A school district shall
14 have a qualified teacher librarian who shall be licensed by the
15 board of educational examiners under chapter 272. The state
16 board shall establish in rule a definition of and standards for
17 an articulated sequential kindergarten through grade twelve
18 media program. A school district that entered into a contract
19 with an individual for employment as a media specialist or
20 librarian prior to June 1, 2006, shall be considered to be
21 in compliance with this subsection until June 30, 2011, if
22 the individual is making annual progress toward meeting the
23 requirements for a teacher librarian endorsement issued by the
24 board of educational examiners under chapter 272. A school
25 district that entered into a contract with an individual for
26 employment as a media specialist or librarian who holds at
27 least a master’s degree in library and information studies
28 shall be considered to be in compliance with this subsection
29 until the individual leaves the employ of the school district.
30 Sec. 4. Section 279.6, subsection 1, paragraph a, Code 2023,
31 is amended to read as follows:
32 a. Except as provided in paragraph “b” and subsection
33 2, vacancies occurring among the officers or members of a
34 school board shall be filled by the board by appointment. A
35 person so appointed to fill a vacancy in an elective office
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1 shall hold office until a successor is elected and qualified
2 at the next regular school election, unless there is an
3 intervening special election for the school district, in which
4 event a successor shall be elected at the intervening special
5 election, in accordance with section 69.12. To fill a vacancy
6 occurring among the members of a school board, the board shall
7 publish notice on the board’s internet site and in the manner
8 prescribed by section 279.36, stating that the board intends to
9 fill the vacancy by appointment but that the electors of the
10 school district have the right to file a petition requiring
11 that the vacancy be filled by a special election conducted
12 pursuant to section 279.7. The board may publish notice in
13 advance if a member of the board submits a resignation to take
14 effect at a future date. The board may make an appointment to
15 fill the vacancy after the notice is published or after the
16 vacancy occurs, whichever is later.
17 Sec. 5. Section 279.8, subsection 1, Code 2023, is amended
18 to read as follows:
19 1. The board shall make rules for its own government and
20 that of the directors, officers, employees, teachers and
21 pupils, and for the care of the schoolhouse, grounds, and
22 property of the school corporation, and shall aid in the
23 enforcement of the rules, and require the performance of duties
24 imposed by law and the rules. The board shall include in its
25 rules provisions regulating the loading and unloading of pupils
26 from a school bus stopped on the highway during a period of
27 reduced highway visibility caused by fog, snow or other weather
28 conditions. The board shall have the authority to include in
29 its rules provisions allowing school corporation employees to
30 use school credit cards to pay for the actual and necessary
31 expenses incurred in the performance of work-related duties.
32 Sec. 6. NEW SECTION. 279.8C Board of directors —— access
33 to information.
34 1. The board of directors of a school district shall have
35 access to and may review any of the following:
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1 a. The curriculum associated with any instruction provided
2 to students enrolled in the school district.
3 b. Materials located in a library operated by the school
4 district, including a library located in a classroom.
5 2. A school district shall not prohibit a member of the
6 board of directors of the school district from attending
7 classes taught by teachers employed by the school district
8 to observe classroom instruction, not for the purpose of
9 evaluation, if the member has provided reasonable prior notice
10 to the superintendent and principal of the attendance center
11 in which the classes are taught and to the teacher providing
12 the instruction.
13 3. a. A school district shall not prohibit a member of
14 the board of directors of the school district from accessing
15 materials used in a professional development program that
16 the school district, or an administrator employed by the
17 school district, requires employees of the school district to
18 attend. This paragraph shall not be construed to authorize
19 a member of the board of directors of the school district to
20 access an individual teacher professional development plan
21 developed pursuant to section 284.6 or any materials related
22 to an intensive assistance program a teacher is required to
23 participate in pursuant to section 284.8.
24 b. A school district, or an administrator employed by the
25 school district, shall provide copies of materials used in a
26 professional development program that the school district, or
27 an administrator employed by the school district, requires
28 employees of the school district to attend to a member of the
29 board of directors of the school district upon request. This
30 paragraph shall not be construed to require a school district,
31 or an administrator employed by the school district, to provide
32 copies of an individual teacher professional development plan
33 developed pursuant to section 284.6, or any materials related
34 to an intensive assistance program a teacher is required to
35 participate in pursuant to section 284.8, to a member of the
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1 board of directors of the school district.
2 4. For purposes of this section, “professional development
3 program” means the same as defined in section 272.1.
4 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended
5 to read as follows:
6 2. The board of directors of a school district may delegate
7 the authority to hire support personnel and sign the support
8 personnel employment contracts, if applicable, if the board
9 adopts a policy authorizing the superintendent to perform
10 such duties and specifying the positions the superintendent
11 is authorized to fill. The board of directors of a school
12 district and the superintendent, if authorized pursuant to
13 this subsection, may use electronic signatures and electronic
14 contracts pursuant to chapter 554D and facsimile signatures
15 when entering into the contracts described in this subsection.
16 For purposes of this subsection, the term “support personnel”
17 includes, but is not limited to, bus drivers, custodians,
18 educational associates, and clerical and food service
19 employees.
20 Sec. 8. Section 279.69, subsection 1, Code 2023, is amended
21 to read as follows:
22 1. Prior to hiring an applicant for a school employee
23 position, a school district shall have access to and shall
24 review the information in the Iowa court information system
25 available to the general public, the sex offender registry
26 information under section 692A.121 available to the general
27 public, the central registry for child abuse information
28 established under section 235A.14, and the central registry for
29 dependent adult abuse information established under section
30 235B.5 for information regarding the applicant. A school
31 district shall follow the same procedure by June 30, 2014, for
32 each school employee employed by the school district as of July
33 1, 2013. A school district shall implement a consistent policy
34 to follow the same procedure for each school employee employed
35 by the school district on or after July 1, 2013, at least every
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1 five years after the school employee’s initial date of hire.
2 A school district shall not charge an employee for the cost
3 of the registry checks conducted pursuant to this subsection.
4 A school district shall maintain documentation demonstrating
5 compliance with this subsection.
6 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended
7 to read as follows:
8 2. The board of directors of each Each public school
9 district shall administer the pledge of allegiance in grades
10 one through twelve each school day. Each classroom in which
11 the pledge of allegiance is recited pursuant to this subsection
12 shall display the United States flag during the recitation. A
13 student shall not be compelled against the student’s objections
14 or those of the student’s parent or guardian to recite the
15 pledge.
16 Sec. 10. Section 291.1, Code 2023, is amended to read as
17 follows:
18 291.1 President —— duties.
19 The president of the board of directors shall preside at
20 all of its meetings, sign all contracts made by the board, and
21 appear on behalf of the corporation in all actions brought by
22 or against it, unless individually a party, in which case this
23 duty shall be performed by the secretary. The president or the
24 president’s designee shall have the authority to enter into
25 original contracts or electronic contracts pursuant to chapter
26 554D and sign, using an original, or facsimile, or electronic
27 signature, as defined in section 554D.103, all school district
28 payments drawn and authorize electronic funds transfers as
29 provided by law. The board of directors, by resolution, may
30 designate an individual, who shall not be the secretary, to
31 sign payments or authorize electronic funds transfers on behalf
32 of the president pursuant to this section.
33 Sec. 11. Section 291.4, Code 2023, is amended to read as
34 follows:
35 291.4 Oath.
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1 Each shall take the oath required of civil officers, which
2 shall be endorsed upon the bond, and shall complete the
3 qualification within ten days.
4 DIVISION III
5 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH
6 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are
7 amended to read as follows:
8 1. Findings and intent. The general assembly finds that
9 human beings are vulnerable to and may be severely affected by
10 exposure to chemicals, hazardous waste, and other environmental
11 hazards. The federal environmental protection agency estimates
12 that human exposure to indoor air pollutants can be two to
13 five times, and up to one hundred times, higher than outdoor
14 levels. Children, teachers, janitors, and other staff members
15 spend a significant amount of time inside school buildings.
16 Likewise, state State employees and citizens of this state
17 spend a significant amount of time inside state buildings.
18 These individuals are continuously exposed to chemicals from
19 cleaners, waxes, deodorizers, and other maintenance products.
20 3. Use of environmentally preferable cleaning and maintenance
21 products.
22 a. All school districts in this state, community colleges,
23 institutions under the control of the state board of regents,
24 and state agencies utilizing state buildings, are encouraged
25 to conform to an environmentally preferable cleaning policy
26 designed to facilitate the purchase and use of environmentally
27 preferable cleaning and maintenance products for purposes of
28 public school, community college, regents institution, and
29 state building cleaning and maintenance.
30 b. Each school district, community college, institution
31 under the control of the state board of regents, or state
32 agency utilizing public buildings shall conduct an evaluation
33 and assessment regarding implementation of an environmentally
34 preferable cleaning policy pursuant to this section. On or
35 after July 1, 2012, all All state agencies, and all school
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1 districts, community colleges, and institutions under the
2 control of the state board of regents which have not opted
3 out of compliance pursuant to paragraph “c”, shall purchase
4 only cleaning and maintenance products identified by the
5 department or that meet nationally recognized standards.
6 School districts, community colleges, institutions under the
7 control of the state board of regents, and state State agencies
8 procuring supplies for schools and state buildings may deplete
9 their existing cleaning and maintenance supply stocks and
10 implement the new requirements in the procurement cycle for
11 the following year. This section shall not be interpreted
12 in a manner that prohibits the use of disinfectants,
13 disinfecting cleaners, sanitizers, or any other antimicrobial
14 product regulated by the federal Insecticide, Fungicide,
15 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
16 to protect public health and provided that the use of these
17 p