Senate File 390 - Introduced
SENATE FILE 390
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO SSB 1111)
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 board
8 of regents, area education agencies, election commissioners
9 and children’s residential facilities, and the membership
10 and voting units of county 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 2,
33 vacancies occurring among the officers or members of a school
34 board shall be filled by the board by appointment. A person
35 so appointed to fill a vacancy in an elective office shall
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1 hold office until a successor is elected and qualified at the
2 next regular school election, unless there is an intervening
3 special election for the school district, in which event a
4 successor shall be elected at the intervening special election,
5 in accordance with section 69.12. To fill a vacancy occurring
6 among the members of a school board, the board shall publish
7 notice either on the board’s internet site or 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 279.6, subsection 1, paragraph b,
18 subparagraphs (1) and (2), Code 2023, are amended to read as
19 follows:
20 (1) If within fourteen days after publication of a providing
21 notice required pursuant to paragraph “a” for a vacancy that
22 occurs more than one hundred eighty days before the next
23 regular school election, or after the filing period closes
24 pursuant to section 277.4, subsection 1, for the next regular
25 school election, there is filed with the secretary of the
26 school board a petition requesting a special election to fill
27 the vacancy, an appointment to fill the vacancy is temporary
28 until a successor is elected and qualified, and the board shall
29 call a special election pursuant to section 279.7, to fill the
30 vacancy for the remaining balance of the unexpired term.
31 (2) If within fourteen days after publication of a providing
32 notice required pursuant to paragraph “a” for a vacancy that
33 occurs one hundred eighty days or less but more than forty days
34 before the next regular school election there is filed with the
35 secretary of the school board a petition requesting to fill
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1 the vacancy by election, an appointment to fill the vacancy is
2 temporary until a successor is elected and qualified, and the
3 school board shall require that the remaining balance of the
4 unexpired term be filled at the next regular school election.
5 Sec. 6. Section 279.8, subsection 1, Code 2023, is amended
6 to read as follows:
7 1. The board shall make rules for its own government and
8 that of the directors, officers, employees, teachers and
9 pupils, and for the care of the schoolhouse, grounds, and
10 property of the school corporation, and shall aid in the
11 enforcement of the rules, and require the performance of duties
12 imposed by law and the rules. The board shall include in its
13 rules provisions regulating the loading and unloading of pupils
14 from a school bus stopped on the highway during a period of
15 reduced highway visibility caused by fog, snow or other weather
16 conditions. The board shall have the authority to include in
17 its rules provisions allowing school corporation employees to
18 use school credit cards to pay for the actual and necessary
19 expenses incurred in the performance of work-related duties.
20 Sec. 7. Section 279.20, subsection 2, Code 2023, is amended
21 to read as follows:
22 2. The board of directors of a school district may delegate
23 the authority to hire support personnel and sign the support
24 personnel employment contracts, if applicable, if the board
25 adopts a policy authorizing the superintendent to perform
26 such duties and specifying the positions the superintendent
27 is authorized to fill. The board of directors of a school
28 district and the superintendent, if authorized pursuant to
29 this subsection, may use electronic signatures and electronic
30 contracts pursuant to chapter 554D and facsimile signatures
31 when entering into the contracts described in this subsection.
32 For purposes of this subsection, the term “support personnel”
33 includes, but is not limited to, bus drivers, custodians,
34 educational associates, and clerical and food service
35 employees.
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1 Sec. 8. Section 279.69, subsection 1, Code 2023, is amended
2 to read as follows:
3 1. Prior to hiring an applicant for a school employee
4 position, a school district shall have access to and shall
5 review the information in the Iowa court information system
6 available to the general public, the sex offender registry
7 information under section 692A.121 available to the general
8 public, the central registry for child abuse information
9 established under section 235A.14, and the central registry for
10 dependent adult abuse information established under section
11 235B.5 for information regarding the applicant. A school
12 district shall follow the same procedure by June 30, 2014, for
13 each school employee employed by the school district as of July
14 1, 2013. A school district shall implement a consistent policy
15 to follow the same procedure for each school employee employed
16 by the school district on or after July 1, 2013, at least every
17 five years after the school employee’s initial date of hire. A
18 school district shall not may charge an employee for the cost
19 of the registry checks conducted pursuant to this subsection,
20 not to exceed the actual cost of the registry checks. A school
21 district shall maintain documentation demonstrating compliance
22 with this subsection.
23 Sec. 9. Section 280.5, subsection 2, Code 2023, is amended
24 to read as follows:
25 2. The board of directors of each Each public school
26 district shall administer the pledge of allegiance in grades
27 one through twelve each school day. Each classroom in which
28 the pledge of allegiance is recited pursuant to this subsection
29 shall display the United States flag during the recitation. A
30 student shall not be compelled against the student’s objections
31 or those of the student’s parent or guardian to recite the
32 pledge.
33 Sec. 10. Section 291.1, Code 2023, is amended to read as
34 follows:
35 291.1 President —— duties.
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1 The president of the board of directors shall preside at
2 all of its meetings, sign all contracts made by the board, and
3 appear on behalf of the corporation in all actions brought by
4 or against it, unless individually a party, in which case this
5 duty shall be performed by the secretary. The president or the
6 president’s designee shall have the authority to enter into
7 original contracts or electronic contracts pursuant to chapter
8 554D and sign, using an original, or facsimile, or electronic
9 signature, as defined in section 554D.103, all school district
10 payments drawn and authorize electronic funds transfers as
11 provided by law. The board of directors, by resolution, may
12 designate an individual, who shall not be the secretary, to
13 sign payments or authorize electronic funds transfers on behalf
14 of the president pursuant to this section.
15 Sec. 11. Section 291.4, Code 2023, is amended to read as
16 follows:
17 291.4 Oath.
18 Each shall take the oath required of civil officers, which
19 shall be endorsed upon the bond, and shall complete the
20 qualification within ten days.
21 DIVISION III
22 RESPONSIBILITIES AND REQUIREMENTS RELATING TO HEALTH
23 Sec. 12. Section 8A.318, subsections 1 and 3, Code 2023, are
24 amended to read as follows:
25 1. Findings and intent. The general assembly finds that
26 human beings are vulnerable to and may be severely affected by
27 exposure to chemicals, hazardous waste, and other environmental
28 hazards. The federal environmental protection agency estimates
29 that human exposure to indoor air pollutants can be two to
30 five times, and up to one hundred times, higher than outdoor
31 levels. Children, teachers, janitors, and other staff members
32 spend a significant amount of time inside school buildings.
33 Likewise, state State employees and citizens of this state
34 spend a significant amount of time inside state buildings.
35 These individuals are continuously exposed to chemicals from
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1 cleaners, waxes, deodorizers, and other maintenance products.
2 3. Use of environmentally preferable cleaning and maintenance
3 products.
4 a. All school districts in this state, community colleges,
5 institutions under the control of the state board of regents,
6 and state agencies utilizing state buildings, are encouraged
7 to conform to an environmentally preferable cleaning policy
8 designed to facilitate the purchase and use of environmentally
9 preferable cleaning and maintenance products for purposes of
10 public school, community college, regents institution, and
11 state building cleaning and maintenance.
12 b. Each school district, community college, institution
13 under the control of the state board of regents, or state
14 agency utilizing public buildings shall conduct an evaluation
15 and assessment regarding implementation of an environmentally
16 preferable cleaning policy pursuant to this section. On or
17 after July 1, 2012, all All state agencies, and all school
18 districts, community colleges, and institutions under the
19 control of the state board of regents which have not opted
20 out of compliance pursuant to paragraph “c”, shall purchase
21 only cleaning and maintenance products identified by the
22 department or that meet nationally recognized standards.
23 School districts, community colleges, institutions under the
24 control of the state board of regents, and state State agencies
25 procuring supplies for schools and state buildings may deplete
26 their existing cleaning and maintenance supply stocks and
27 implement the new requirements in the procurement cycle for
28 the following year. This section shall not be interpreted
29 in a manner that prohibits the use of disinfectants,
30 disinfecting cleaners, sanitizers, or any other antimicrobial
31 product regulated by the federal Insecticide, Fungicide,
32 and Rodenticide Act, 7 U.S.C. §136 et seq., when necessary
33 to protect public health and provided that the use of these
34 products is in accordance with responsible cleaning procedure
35 requirements.
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1 c. A school district, community college, or institution
2 under the control of the state board of regents may, based upon
3 the evaluation and assessment conducted pursuant to paragraph
4 “b”, opt out of compliance with the requirements of this section
5 upon the affirmative vote of a majority of the members of the
6 board of directors of the school district or a determination by
7 the president of the community college or by the president or
8 administrative officer of the regents institution. A school
9 district, community college, or regents institution opting
10 out of compliance pursuant to this paragraph shall notify the
11 department of education, the state board of education, or the
12 state board of regents, as appropriate, of this decision.
13 Sec. 13. Section 256.11, subsection 9B, Code 2023, is
14 amended to read as follows:
15 9B. Beginning July 1, 2007, each A school district shall
16 ha